Friday, July 02, 2010

Journalists and insecure people in power

In the latest Rocky's Bru on Thursday column in The Malay Mail headlined Journalists and insecure people in power, I discussed the two Acts in the news these days - the Internal Security Act and the Securities Commission Act. The ISA is up for amendments and the SCA ought to be, now that we know it's so blatantly open to abuse [pls read The Star writer seeks judicial review over SC notice]

On the proposed ISA amendments, I wrote:
The anti-ISA movement in the country, which is demanding the abolition of the Act, won't be satisfied. But most rational Malaysians will appreciate that there's still need for a law that is able to act as a strong deterrent.
 A commenter and friend challenged my views after reading the column:
Old Fart: You say 'rational Malaysians ....still need for law...act as strong deterrent'...  will u hold on to that opinion if and when you are taken in?

Bru: Within the context of an amended ISA, my answer is yes I'll hold on to the view that we do need preventive laws. Already, and unlike pak samad's time, we can challenge isa detention in court. Saying no, we don't need deterrent acts is an extremely optimistic view, which I wld like to share but don't/can't.

Old Fart: I agree with. But just that its like giving candy to a kid and expecting him not to eat it. If I have no choice but to give the kid the candy, i'll just also accomodate the thought he will eat it.
Yes, we'll all have to accommodate that thought. But here's another thoughtt: Najib Razak has been PM for 14 months and the story so far is that he, or rather his Home Minister , hasn't come near sending anyone to Kamunting. That is a good sign. In addition to that, the Home Minister is coming out with a set of proposals to amend the ISA. Two good signs. Maybe there is a kid who doesn't like candy after all.

11 comments:

Anonymous said...

I think in our zeal to reform the SC, we have confuted two Acts of Parliament enacted for totally different reasons. The ISA was legislated to deal with national security issues whilst the SC was designed more to deal with shenanigans in the local bourse, protect investor interests and combat unethical corporate practices.

Therefore to lump both in the same category would be an absurdity. I agree that the SC should be scrutinized and the relevant provisions be amended or repealed subject to such amendments or repeal not compromising the investigatory capacity of the enforcing authority. I would aver that, as it is, the SC is a draconian piece of legislation that confers unfettered powers to the investigating authority. As such, the remedy would be to include provisions that protect the rights of suspects in the same way the CPC is infused with such "rights" protective mechanisms. Clauses allowing aggrieved parties to seek recourse in the courts and judicial review of actions initiated by the investigating authority should be embedded into the SC. Further, the powers vested in the Commissioner should be reined in and his/her conduct be monitored/reviewed by an independent authority. Maybe its time for an Ombudsman system, that will function as a watchdog over the Commissioner, be introduced.

The ISA, on the other hand, has been an effective tool in combatting acts prejudicial to national security. The preamble of the Act clearly states that it derives its powers from ART. 149 of the FC. If we read the said Article, we would be struck its strident anti Human Rights content.As such mere repeal or amendment of the ISA would not suffice, as a similar Act can be legislated using the said constitutional provision. The obvious solution would then be the repeal of Art 149 itself via a Constitution Amendment Bill that would need a two/third majority vote. Proponents of the anti-ISA debate never mention this for their actual motives are altogether less altruistic and manifestly sinister : get the ISA repealed or amended(the less palatable option) effectively neutralising the national security apparatus' capacity to function, foment a "democratic" coup "via the street ala Thailand", get to Putrajaya and enact a fresh ISA with even more draconian provisions via Art.149. Parties in favour of amending the ISA should be wary of these ulterior motives lest they be hoodwinked into supporting a "democratic" coup and live to regret the ramifications of their naive capitulation to potential terrorists and other anti-national democraps masquerading as democrats.

In conclusion, amend the SC or replace it with a more rights-friendly legislation by all means. As for the ISA, stop the tinkering, tighten any 'technical' loopholes and for Allah's sake unleash it to preserve national security lest things spin out of control.

" NO TO ISA AMENDMENT OR REPEAL"

Warrior 231

Jurublog said...

Rockybru,

Your whole week's postings on Securities Commission makes me wonder whether you are being paid or owe someone to write against the regulatory authority.

May be, it is the business journalists, like BK Sidhu, who felt insecure that she needs to resort to popular blogger like you to attack the SC.

And with your postings they managed to secure support from NUJ and others.

http://www.jurublog.blogspot.com

AHIRUDIN ATTAN said...

Dear Jurublog,

With my traffic, thanks to faithful readers like you, I could earn RM10k a month, at least, if I get ads to pay for my blog postings. I decided not to also because of people like you, who's always suspicious that others are making money at your expense. I don't blame you mate. But I can assure you my postings on SC aren't meant to be SC-bashing. There's certainly something wrong in the way the Commission has been handling the Press. If you think they are rogue journos and on the take, bring in the MACC, don't shoot in the dark.

Thank you

ps I read your posting. Those bloggers you named, they are some of the biggest defenders of the institutions you're defending Jurublog. Buat homework sikit, pls.

art harun said...

Datuk,

Quote:Already, and unlike pak samad's time, we can challenge isa detention in court.:end quote

Actually, the right to challenge an ISA detention during Pak Samad's time was more entrenched then now. That was the time when habeas corpus could be applied for and the Court had the power to review the Minister's reasons for the detention order.

That power was however taken away by the Mahathir regime when the Court was releasing many detainees. Mahathir was not too happy about it.

So the ISA was amended to limit the Court's power to only allow it to look into "procedural non-compliance" while hearing habeas corpus application.

That amendment stands till now.

So the statement above, with all due respect, is not legally true.

I note there has been no ISA detention under PM Najib and Hishamuddin's tenure as Home Minister except for Mas Selamat and the police arrest of about 13 foreigners. That sounds good.

But we do not know whether those detention/arests are in order and will never know for sure.

Detention without trial is an affront to a civilised society. Even more so when the right to habeas corpus is severely restricted by reducing the Court's power to scrutinising procedural non-compliance.

I am eagerly awaiting to see the amendment.

Praxis said...

hj

Praxis said...

How much can we control with the laws?

Didn't the the great Islamic scholar Ibn Khaldun say the success of a nation depends on its degee of cohesion?

What's the general level of integrity in the country now?

Why the pre-occupations with laws? We seem to think we can control everything with our laws. How much attention did Dr Mahathir have for these laws? Or did he simply focus on God's laws without ever boasting about it?

Whether the laws are used on abused depends very much on the integrity of the leaders in positions of power, at all levels. We shouldn't aspire to such positions if we cannot be free of any conflicts of interests.

Anonymous said...

What the bloody hell are we talking about removing ISA for? Even the Americans resorted to detention without trial at Guantanamo Bay during George W Bush's time.

Barrack Obama wanted to close down Guantanamo but hasn't been able to do so the last time I checked. He and his boys didn't know what to do with the detainees. It's precisely for the same reasons Bush had that ISA was enacted. The bloody communists and anarchists might have gotten away and continue to cause havoc if they are dealt with just by the Criminal Procedure Code and under the Police Act.

I support Warrior 231's views above. Retain ISA intact as we do not want to be terrorized by the anti-national elements subverting law and order and creating chaos in the country. The authorities must be given the power to catch the nasty fellows by the collar, keep them until they show remorse and repent, and avoid them being otherwise allowed by the Courts to regroup and cause further, bigger mischiefs.

NO TO ISA REPEAL OR AMENDMENT from me, too.

But, like hell, AMEND THE SCA. IT IS BLOODY DRACONIAN.

Pasquale said...

Listen up Melayu morons, you are all incapable of seeing the tree for the forest, or forest for the trees.
If you so-called liberal Malay morons want to advocate the abolition of ISA think again!!
As long as there is still that threat of the chauvinist CPM or assoicate non-Chinese CPM members(BTW,it stands for Chinese Party of Malaya, Communist Party of Malaya is just an euphemism)trying to take over the Tanah Melayu, which is now called Malaysia, we need ISA, try to monster-ised ISA by describing it as draconian, inhumane, I got bad news for you chauvinist morons, other civilised countries like the Great Britain (nothing great about this country)the great USA and other European countries have similar Act!
But I say don't use ISA against journalists but use ISA against CPM members like Tian Chua, Gobalakrishnan, Lim Kit Siang and his son, and pseudo Malay like former Nizar the former mentri besar of Perak and Associate CPM member like Brother Anwar Bin Ibrahim who unfortunate acronym sounds like that animal!
Last but not least, ISA must be maintaioned as long as there is that threat to allow the Bintang Tiga type of organisation out to Malaya like how Bintang Tiga ruled for 14 days after the Japanese surrendered, where thousands of Malays were massacred and killed!
As long as such threat is around keep the ISA!

eddy said...

Sound opinions by Warrior 231 and Pasquale, I agree that the ISA must be kept intact,it would be irresponsible of our lawmakers to tinker with it just because some short sighted very minority group of Malay and other Malaysian self styled liberals wants it to be repealed.

I am sure the majority of Malaysians will support the Government to keep the ISA intact. we sure as hell do not want the kind of free wheeling democracy and lawlessness that paralysed the Thai capital for months happening here.

The ISA if used wisely will be a great deterrent against terrorists and divisive elements who intends to cause instability in our beloved Malaysia.

Anonymous said...

It is gratifying to note that a troll has not only sauntered in here but also summoned enough cockmuscle to reproach you and in the process take his stock-in-trade potshot at our (troll excluded) great statesman Tun Dr Mahathir.

Such a reproach and the subsequent pontification about the "immorality" about detention without trial is the very garbage spouted by pseudo-Malay cocksuckling vermins Malaysia over as they proselytise for the ISA's removal. Fact of the matter is they do not address the core issue, the Constitutional provision that spawns an Act of Parliament like the ISA. Let me query the dickjuicing bastard as to what is so "human rights" about:
"any provision of that law designed to stop or prevent that action is valid notwithstanding that it is inconsistent with any of the provisions of Article 5, 9, 10 or 13, or would apart from this Article be outside the legislative power of Parliament; and Article 79shall not apply to a Bill for such an Act or any amendment to such a Bill."

And pray, squirt the sum of your imbeclity by explaining what Art. 5, 9 , 10 and 13 refer to. Come on, dont indulge in artful dodging for a change.

Now tell me law- fornicating scumbag, which part of the Article is not inimical to your "Quran"; The universal Declaration of Human Rights (1948). Since your umbrage is about the violation of HR, why not destroy the mothership of such legislation once and for all? Nah, you wouldnt want to advocate that for the reasons I cited in my earlier comment, right slimeball?

These are the socio-political fronts for the Commie bastards and Chingkie race supremacists. They have cuckolded their souls for a drop of cum and some loose change.

A couple of months ago, this cunttwit wrote a column about the socalled bastardisation of the Social Contract whilst waxing lyrical about the "time-limitation" of certain constitutonal provisions regarding Malay priveleges. As for the former, he is a liar for the Ketuanan Melayu concept underpinning the SC he riles against was already in vogue in the 1940s. In fact, it constituted the main reason for the emergence of the Penang Seccessionist Movement of 1948-1951. The philosophy of KM underpinning the SC would eventually be accepted as the plebiscites of 1951 and 1955 plus the post-Merdeka elections of 1959 all amply allude to its ratification.Why even Kuan Yew's Malaysian Malaysia drivel was in reaction to Ketuanan Melayu, so what lies about a 1986 Dollah Ahmad inspired KM you are peddling, cumslurping clitlouse of an arsefucked wakil? Keeping up the traditions of your whorehouse profession, I guess!

His latter assertions about "time-limitation" is laughably moronic and reveals his absymal grasp pf Constitutional Law which he displayed in pure shitdripping glory to all and sundry during the Perak Crisis.

He styles himself to be an NGO grating on the conscience of the authorities. Well,he is an NGO alright : an aNus Gophering Organism, the one that grates the conscience of many a pseudo-Malay shithole for being cockthrusted by the Chingkie masters. Now run bawling to your Chingkie racist paramours, trannieboy for you and your ilk are nothing more than pathetic facades. Cheapskate, imbeciles who are backyard-manufactured local counterfeit versions of Gerry Adams (for IRA) or the Tamil National Alliance(TNA) coterie (for the LTTE). In the end, scums like these fattened on the spoils of Affirmative action are dime a dozen. "Bite the hand that fed you" and "deny that privelege to other Malays lest they challenge your rice bowl" are their credoes. Twatheads like these are the accidental results of one cockthrust too many, one ejaculate too early or a faulty IUD or leaky rubber - unwanted garbage to both family and country.

Warrior 231

Anonymous said...

PASQUALE.....YOU ARE THE BIGGEST MALAY MORON, pot calling the kettle Black !! so ashame of your Race that you have to use a NonMalay Name ??