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If Tan Hoon Cheng’s arrest was mind-boggling to say the least, Teresa Kok’s (MP for Seputeh and Selangor state assemblywoman for Kinrara) arrest was equally bemusing (My apologies to all ISA detainees and their family members for using the word “bemusing” which may suggest that the detention is something frivolous). According to the arrest notice:

Selangor executive committee member Teresa Kok was arrested under the Internal Security Act yesterday evening for allegedly causing tension and conflict among races as laid out in the notice issued by the Special Branch police to her next of kin.

The notice stated that Kok, 43, had acted in a way which threatened national security, which warranted arrest under Section 73(1) of the ISA.

It added that the Seputeh member of parliament had become a national threat by being involved in “activities which can cause tension and conflict among races and religion”.

The notice also stated that her digital camera, car keys and house keys were also confiscated in the process.

Political insiders said it was possible her arrest was also related to a report in the Utusan Malaysia newspaper, which alleged she was behind a petition to lower the sound volume for the azan at several mosques.

Kok had denied the allegations and threatened to sue the newspaper and former Selangor Menteri Besar Dr Khir Toyo for making the allegation.

In case you wonder what is Section 73(1) is all about:

Section 73(1) Internal Security Act 1960: “Any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe that there are grounds which would justify his detention under section 8; and that he has acted or is about to act or is likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to maintenance of essential services therein or to the economic life thereof.”

And the Section 8 refered above is revealed below:

Section 8 ISA: Power to order detention or restriction of persons. “(i) If the Minister is satisfied that the detention of any person is necessary with a view to preventing him from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or the economic life thereof, he may make an order (hereinafter referred to as a detention order) directing that that person be detained for any period not exceeding two years.”

Now, what do you, the reader understand from the above?

I’m not a lawyer, nor is my English “very-the-good”, but my understanding is that Section 73(1) is very much related to Section 8. The person detained under Section 73(1) is highly expected to be charged under Section 8 subject to “enquiries”. In other words, If I have strong reasons/belief that you are going to make trouble, and the trouble you make will convince the Home Minister to put you away for 2 years, then I’ll come and arrest you first. Why, because I firmly believe you will be charged under Section 8 later. Now, how can the policeman read the mind of the Minister and think that the Minister will sign detention order for 2 years for the persons the policeman arrest? Unless of course, the policeman had earlier “consulted” the Minister for his views or advice. Or alternatively, we have mind readers.

Now, it would seem right if Teresa threatened national unity. The Home Minister said that she have been warned many times over her actions. I wonder how can someone with the biggest majority in the 2008 general elections be voted in if she was a troublemaker. Even Zaid Ibrahim said he can’t accept ISA being used on Teresa, someone he had known personally. And, its confirmed that he had sent his resignation letter to PM’s office today.

The claim against Teresa was that she is in some way involved in a petition asking the Kinrara mosque to lower the speaker volume during the religious lectures which follow the azan calls. The petition by Bandar Kinrara 5 residents (189 signatures) is available online. Now, the person who made this into an issue is another member of that party. This time its the son’ of immigrants from Indonesia – Khir Toyo. When asked about the issue after Teresa issued a denial and the mosque committee also clarified, he said “wait and see”. Does it mean that he already know something that we the public don’t know? Maybe he can read the mind of the police and Home Minister too.

The problem with Khir’s accusation and the follow-up article by Utusan Malaysia is that the accusations are denied by both Kota Damansara and Bandar Kinrara mosque committees. So, the accused denied it, the alleged victims denied it. There’s no proof provided by anyone. End result – the accusers are still roaming around like stray dogs scavenging for leftovers in garbage bins, while the accused is in custody.

Again, if anyone should be “ISA”ed, its Khir Toyo and the Utusan Malaysia columnist.

Secondly, the issue of signboards in Jawi also caused her to be arrested. According to her father who met Teresa at 2pm today:

“She also said that her charge sheet indicated that her involvement in opposing the use of Jawi for road signs in Kuala Lumpur was also a reason for her arrest,” he told reporters.

He added that according to his daughter, she would be held in custody for another 28 days, based on “something which she had signed”.

So, its 30 days for her, and possible extension after that.

As more BN leaders condemn the arrests, PM Badawi seat is under threat. The Star reported a mild version of the reactions, mainly from MCa folks:

MCA president Datuk Seri Ong Ka Ting said MCA felt that if the ISA was really necessary, it must only be invoked in the most extreme cases. Otherwise, he said, the Act would be a threat to the rule of law and the fundamental liberties as enshrined in the Constitution. “In fact, even the drafter of the ISA, the late Prof R.H. Hickling, had said the Act was only intended against communist insurgents and those bent on armed struggle. “If at all national security is threatened, there must be strong evidence to show that. Otherwise, such detainees should be charged in an ordinary court of law and there are sufficient laws for this purpose,” he said.

MCA vice-president Datuk Ong Tee Keat said he felt that the Act should be “comprehensively reviewed”. “We need to review this Act comprehensively to see its relevance today,” he said.

Domestic Trade and Consumer Affairs Minister Datuk Shahrir Samad said it was necessary to retain the Act but it should be used wisely. He said he had never asked for it to be abolished or reviewed as it was still needed here. “It is still necessary but it should be used with care.”

Minister in the Prime Minister’s Department Tan Sri Bernard Dompok said the arrests of reporter Tan Hoon Cheng, Seputeh MP Teresa Kok and blogger Raja Petra Kamaruddin had put the Government in a bad light. “For any arrest there must be a reason and it must be clearly explained to the public,” he said.

MCA vice-president Datuk Seri Dr Fong Chan Onn criticised Home Minister Datuk Seri Syed Hamid Albar’s explanation on the detention of Tan, who has since been released. He said Syed Hamid’s explanation — that her arrest under the ISA was because her life was under threat — was “totally unacceptable.” “It was a feeble attempt to justify the use of the ISA on Tan. By detaining her under the ISA, police have turned her into a victim of circumstances,” Dr Fong wrote in his blog www.fongchanonn.com.my yesterday.

Health Minister Datuk Liow Tiong Lai called for the ISA to be reviewed so that it would not be abused by any quarters to undermine national unity, security and stability.

Gerakan acting president Tan Sri Dr Koh Tsu Koon said Gerakan had called for the amendment of the ISA but not its abolition. He said the Act should be used only when dealing with national security and not against journalists carrying out their duties.

Human Resources Minister Datuk Dr S. Subramaniam said the Government should be sensitive to the feelings of the people and not be blind to the fact that a significant proportion of the rakyat abhor the ISA and would prefer it not to be used. “Every time somebody is arrested under the ISA, it gives rise to a perception that the Government is doing it because it is not able to charge and convict the person under existing laws,” he said.

Foreign Minister Datuk Seri Dr Rais Yatim said some aspects of the ISA ought to be subjected to intermittent review but its function to prevent occurrences that divide the community should be respected.

Why is it under threat? Well imagine when the Deputy Prime Minister says that “let the members” decide about the power transition. This change of tone is barely weeks after both of them shook hands and agreed on a power transition plan for UMNO, with Badawi slated to bow out in 2010. Not only Najib, even Education Minister Hishamuddin echoed the same. Muhyiddin Yassin said the members complained to him and he felt that its his responsibility to voice it out. What does PM do? Tells everyone to shut up and don’t question something which have been agreed upon.

I think bookies are starting to take bets on when the new PM (whoever it may be) will be announced. Anyone placed any bets? (disclaimer: betting is illegal in Malaysia unless through licenses gaming companies).

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