Tuesday, February 17, 2009

Elizabeth Wong: The problem is not in the photos but in Malaysia's Sharia code

If the reports below are accurate, Elizabeth Wong was photographed ,in some cases partially clothed, by her former boyfriend, Hilmi Malek, a Malay-Muslim subject to Malaysia's sharia codes.
The photos provide prima facie evidence that he had committed khalwat (close proximity), an offence for which he can face criminal prosecution in Malaysia.

The problem for Wong, "Dr" Anwar Ibrahim, and the PKR is then , their stand of sharia, and how it is be imposed on non-Muslims.

In April 2008, the Anwar inspired e Islamic Institute of Understanding Malaysia (Ikim) and the Syariah Judiciary Department Malaysia made submissions to the Attorney-General arguing that a NON-MUSLIM committing khalwat with a Muslim should also be held liable for the offence.

(Non-Muslims in khalwat cases 'should be charged' ,Hazlin Hassan, Malaysia Correspondent ,3 April 2008,Straits Times)


"Dr" Anwar has made conflicting statements in regards to the imposition of Sharia on non-Muslims.While on the one hand declaring that Sharia should not be imposed on non-Muslims, the bearded one has also said:
Justice entails ruling according to the dictates of Islamic law...

(http://www.journalofdemocracy.org/articles/gratis/Ibrahim-17-3.pdf)


Even the DAP/Pakatan's Karpal Singh has concerns about where "Dr"Anwar stands on sharia in Malaysia-see for example http://www.themalaysianinsider.com.my/index.php/malaysia/14722-anwar-should-speak-on-hudud-laws-says-karpal

Wong ha staken the matter to the police , as is her right. Unfortunately for her, a full investigation may also mean an investigation of Hilmi's transgressions of the Sharia code. The problem for her, Pakatan and Dr Anwar is what to do with demands that the "other" be also punished.
END


On Elizabeth Wong and Hilmi Malek :





Hunt for Wong culprit
By Yushaimi Yahaya and Frankie D'Cruz February 17, 2009 Categories: News

Nude photographs of Selangor legislator Elizabeth Wong were handed over to the Petaling Jaya police last night by the Malay Mail.

A Bukit Aman task force, assigned to probe the case, is expected to interview several people, including a Parti Keadilan Rakyat member in his 30s said to be Wong's former boyfriend, to identify the perpetrators behind the recording of the images.

The boyfriend, a former PKR divisional secretary and now an ordinary member, is a personal assistant to a PKR Member of Parliament.

Wong, 37, who is also Bukit Lanjan assemblyman and State executive councillor for tourism, consumer affairs and environment, told Malay Mail during a meeting last Friday that she had broken up with her boyfriend.

Malay Mail editors, who had alerted Wong to the pictures at the same meeting, handed over two images to senior police officers, who later recorded a brief statement from them last night.

One was a picture of her sleeping on the sofa of her Bukit Gasing home, and the other, with her private parts exposed.

Police were also informed that Wong had confirmed that the pictures were taken in her home.

Wong had confirmed to Malay Mail at last Friday's meeting that the pictures were that of her but maintained that the identity of the photographer was a mystery.

Police sources said the probe, to ascertain who had taken the pictures which Wong had claimed were taken without her consent, is expected to also cover a report published in theSun yesterday.

The newspaper had front-paged a report on the existence of "at least 10 other" photographs and video clips of a State assemblywoman.

It reported that it had sighted two photographs and "at least 10 other pictures that have fallen into the
hands of unscrupulous people who are attempting to use it for political purposes". theSun had said that the two photos it sighted showed a PKR State assemblywoman "asleep on a couch, her clothes ruffled and tousled, exposing intimate areas".

Malay Mail also had a report yesterday on nude photographs of Wong being in public domain. In our report, we had stated that it was not known if the photos were widely available.

Wong, who issued a media statement yesterday after making a police report in Damansara the night before, is scheduled to give her full statement to the police this afternoon.

The Selangor State Exco is expected to meet this morning to discuss the matter.

Leaders of the Pakatan Rakyat coalition met last night to discuss the issue which has sparked a public debate, with Barisan Nasional and PR leaders as well as the public having mixed views.
http://www.mmail.com.my/Hunt_for_Wong_culprit.aspx


Now, where's Hilmi?
By Yushaimi Yahaya & Frankie D' Cruz February 18, 2009 Categories: News

Police are looking for Hilmi Malek, 32, for questioning in connection with the Elizabeth Wong nude photograph imbroglio.
http://www.mmail.com.my/Now,_where's_Hilmi-e-.aspx#

See Also:
My special thanks to the following folks:- My family - especially my mother who came down all the way from Ipoh to support me, like making me sleep, making me swallow 5 vitamin pills each morning and for all those soups and herbal drinks; my boyfriend Hilmi who has been incredibly patient and supportive;
(http://elizabethwong.wordpress.com/2008/03/10/ge12-thank-you/)

Thursday, February 5, 2009

Does Sultan Azlan Shah have the power to appoint a new government?

THE following is the media statement issued by the office of Duli Yang Maha Mulia Paduka Sultan of Perak, Sultan Azlan Shah which has the effect of a new government being appointed in the State of Perak,Malaysia:

His Royal Highness had used his discretion under Article XVIII (2)(b) of the Perak Darul Ridzuan State Constitution and did not consent to the dissolution of the Perak State Assembly.YAB Datuk Seri Mohammad Nizar Jamaluddin was summoned to an audience with the Sultan to be informed of his Royal Highness’s decision not to dissolve the State Assembly, and in accordance with the provisions of Article XVI (6) of the Perak Darul Ridzuan State Constitution, DYMM Paduka Seri Sultan of Perak ordered YAB Datuk Seri Mohammad Nizar Jamaluddin to resign from his post as Perak Mentri Besar together with the members of the state executive council with immediate effect.

If YAB Datuk Seri Mohammad Nizar Jamaluddin does not resign from his post as Perak Mentri Besar together with the state executive council members, then the posts of Mentri Besar and state executive councillors are regarded as vacant.

http://thestar.com.my/news/story.asp?file=/2009/2/6/nation/3209890&sec=nation


According to Dr Shad Saleem Faruqi , Professor of Law at UiTM:
"...the constitutions of the various states as well as the Eighth Schedule of the Federal Constitution confer on Their Majesties discretionary powers in some fields, namely: (inter alia)
» withholding of consent to a request for the premature dissolution of the assembly
(http://www.malaysianbar.org.my/constitutional_law/powers_and_functions_of_state_rulers.html)

Note that the above deals with the Sultan's powers in regards to a dissolution of the assembly.

In the current case in Perak, the Sultan has in effect appointed a new government. The question then: what is the source of the Sultan's power to appoint a new government?

In this regard, the Australian experience of 1975 which involved the dismissal of the government of the day , may prove instructive. In 1975 the government of the day was unable to govern due to supply (finance bills) being denied by the Upper House or Senate which was then controlled by the Opposition.The Governor-General ((being the Queen's representative) had to consider what steps could be taken to ensure governance of the country.
The Australian Constitution does not contain explicit provisions in regards to the matter of the dismissal of a current government. Consequently , the Chief Justice at the time advised the Governor-General Sir John Kerr, as follows:

But there is an analogy between the situation of a Prime Minister who has lost the confidence of the House of Commons and a Prime Minister who does not have the confidence of the parliament, i.e. of the House of Representatives and of the Senate. The duty and responsibility of the Prime Minister to the Crown in each case is the same: if unable to secure supply to the Crown, to resign or to advise on election.
In the event that, conformably to this advice, the Prime Minister ceases to retain his Commission, Your Excellency's constitutional authority and duty would be to invite the Leader of the Opposition, if he can undertake to secure supply, to form a caretaker government (i.e. one which makes no appointments or initiates any policies) pending a general election, whether of the House of Representatives, or of both Houses of the Parliament, as that Government may advise.

Accordingly, my opinion is that, if Your Excellency is satisfied in the current situation that the present Government is unable to secure supply, the course upon which Your Excellency has determined is consistent with your constitutional authority and duty.

http://whitlamdismissal.com/documents/barwick-letter.shtml

Readers will note that the discretionary (or reserve ) power here only allowed for the appointment of a care-taker government , pending a general election. In other words, the Governor-General was not thought to have the power to appoint a new government. That was a matter that had to be decided by the electorate.

In the Perak matter , the Menteri Besar (Chief Minister) has in fact advised that elections be called. Hence it would appear on the face of it that the Sultan has circumvented the law and acted outside his authority.
Comments welcome.