Police Report On Lim Guan Eng’s False Statements

26 11 2016

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Yesterday, as a loyal citizen of Malaysia, I filed a police report on Lim Guan Eng’s blog article regarding Act 355 at the Ampang Jaya Police Station.

In the article, the Pulau Pinang’s Chief Minister (CM) made four seditious false accusations:

  1. DAP opposes the hudud-like laws because it is contrary to the Federal Constitution.
  2. Our Federal Constitution is secular in nature with Islam as the religion of the Federation. Raising the punishment cap so that it can come closer to Hudud provisions would contravene the Federal Constitution in both spirit and substance.
  3. MCA, MIC, Gerakan and SUPP deserve public condemnation for betraying their principles and promises to uphold and defend the Federal Constitution but also for their political expediency to continue to deceive the people by supporting UMNO that is willing to work together with PAS to bypass the Federal Constitution to allow these laws to take effect.
  4. DAP reiterates that the failure of MCA, MIC, Gerakan and SUPP to leave BN now is seen as a form of tacit approval of the unconstitutional measures adopted by UMNO to support PAS’ move to raise the punishment cap of Islamic laws that moves closer to Hudud-like laws.

DAP opposes the hudud-like laws because it is contrary to the Federal Constitution.

This is a recycled accusation that I’ve answered many times before.

Neither the Act 355 nor the amendment of the Act is contrary to the Federal Constitution of Malaysia and the amendment of Act 355 it is not about implementing hudud-like laws as falsely accused by the CM of Pulau Pinang.

The fact that the Federal Constitution recognises the institution of Syariah Courts as stated in the Article 121 (1A) and the Part 1 List II  of the Ninth Schedule of the Federal Constitution, proves that the Act 355 is not contrary to the Federal Constitution.

Furthermore, the Act 355 is an existing Act and it is already part of the laws of Malaysia.

“Our Federal Constitution is secular in nature with Islam as the religion of the Federation. Raising the punishment cap so that it can come closer to Hudud provisions would contravene the Federal Constitution in both spirit and substance.”

In his above accusation, he made two contradicting statements, saying that the “Federal Constitution is secular in nature” and “with Islam as the religion of the Federation”.

How can our Federal Constitution that states Islam as the religion of the Federation be secular in nature, when George Jacob Holyoake who is the creator of the term secularism, defines secularism as separating government and religion?

In fact, if our Federal Constitution is secular in nature, the Act 355 cannot be part of the laws of Malaysia and the Syariah Courts cannot be part of our judicial systems.

And if our Federal Constitution is secular in nature, the flag of Malaysia must not have any symbol of religion, such as the crescent and star in our flag that represents the religion of Islam.

“MCA, MIC, Gerakan and SUPP deserve public condemnation for betraying their principles and promises to uphold and defend the Federal Constitution but also for their political expediency to continue to deceive the people by supporting UMNO that is willing to work together with PAS to bypass the Federal Constitution to allow these laws to take effect.”

What a defamation and malicious falsehood!

The amendment of Act 355 is not contrary to the Federal Constitution and it is a lie made in bad faith to accuse UMNO as “willing to work together with PAS to bypass the Federal Constitution to allow these laws to take effect”, when everything was done according to the law.

“DAP reiterates that the failure of MCA, MIC, Gerakan and SUPP to leave BN now is seen as a form of tacit approval of the unconstitutional measures adopted by UMNO to support PAS’ move to raise the punishment cap of Islamic laws that moves closer to Hudud-like laws.”

It is clearly said in the Act 355 that the Act only affect the Muslims, so why must the CM who is non-Muslim politicise the issue?

By calling MCA, MIC, Gerakan and SUPP to leave BN, and accusing the two biggest Muslim parties, PAS and UMNO as working together to bypass the Federal Constitution, Lim Guan Eng is trying to create religious and racial tension among the citizens of Malaysia.

Not only that, Lim Guan Eng’s words are against the call made by the Yang Di-Pertuan Agong’s in the parliament on the 7th of March, 2016:

“Beta berharap langkah-langkah ke arah memperkukuhkan institusi agama dan kecekapan perlaksanaan undang-undang pentadbiran agama Islam melalui pemerkasaan Mahkamah Syariah dapat disegerakan.”

Lim Guan Eng has gone against four parts of the Sedition Act 1948, Section 3(1)(a), Section 3(1)(c), Section 3(1)(e), and Section 3(1)(f), an offense which is punishable under Section 4(1) of the Sedition Act 1948.

Section 3(1)(a) of the Sedition Act 1948 states:

Sesuatu “kecenderungan menghasut” ialah kecenderungan—bagi mendatangkan kebencian atau penghinaan atau bagi membangkitkan perasaan tidak setia terhadap mana-mana Raja atau Kerajaan;

The CM of Pulau Pinang’s seditious words which contradict to the call made by the Yang Di Pertuan Agong can be seen as a “seditious tendency” that could “bring into hatred or contempt or to excite disaffection against any Ruler or against any Government.”

Section 3(1)(c) of the Sedition Act 1948 says:

Sesuatu “kecenderungan menghasut” ialah kecenderungan—bagi mendatangkan kebencian atau penghinaan atau bagi membangkitkan perasaan tidak setia terhadap pentadbirankeadilan di Malaysia atau di mana-mana Negeri;

Accusing the amendment of Act 355 is a hudud-like law that “would contravene the Federal Constitution in both spirit and substance”, is an insult to the Syariah Courts, hudud law and Islam as well as giving bad impressions to the hudud law and Syariah Courts which could “bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any State”.

Section 3(1)(e) of the Sedition Act 1948 states:

Sesuatu “kecenderungan menghasut” ialah kecenderungan—bagi mengembangkan perasaan niat jahat dan permusuhan antara kaum atau golongan penduduk yang berlainan di Malaysia; atau

By making statements that:

  • MCA, MIC, Gerakan and SUPP deserve public condemnation for betraying their principles and promises to uphold and defend the Federal Constitution but also for their political expediency to continue to deceive the people by supporting UMNO that is willing to work together with PAS to bypass the Federal Constitution to allow these laws to take effect.
  • Calling MCA, MIC, Gerakan and SUPP to leave BN because of the “unconstitutional measures adopted by UMNO to support PAS’ move”,

Lim Guan Eng is playing a religious and racial games by falsely accusing the Malay Muslim PAS and UMNO “bypass the Federal Constitution” and “taking unconstitutional measures” which could “promote feelings of ill will and hostility between different races or classes of the population of Malaysia”.

This will cause the non-Muslims to think that the government and the Muslims are up to something bad and doing things against the law which can cause anger and disharmony among the people of different races and religions.

Section 3(1)(f) of the Sedition Act says:

bagi mempersoalkan apa-apa perkara, hak, taraf, kedudukan, keistimewaan, kedaulatan atau prerogatif yang ditetapkan atau dilindungi oleh peruntukan Bahagian III Perlembagaan Persekutuan atau Perkara 152, 153 atau 181 Perlembagaan Persekutuan.

The Yang Di-Pertuan Agong is the head of religion of Islam of the country and “to question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III of the Federal Constitution or Article 152, 153 or 181 of the Federal Constitution is against the Sedition Act.

It is the rights of the Yang Di-Pertuan Agong to make decisions on matters concerning the religion of Islam as stated in the Federal Constitution thus making statements against the statement made by the Yang Di-Pertuan Agong regarding this matter is interfering with the rights of the Yang Di-Pertuan Agong.

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