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bumiputra housing quota questioned as unconstitutional

October 30th, 2007
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Housing quota questioned
source
Jacqueline Ann Surin
KUALA LUMPUR (Oct 29, 2007): The imposition of a bumiputra housing quota is unconstitutional and is one of the property sector’s most pressing issues, Datuk Jeffrey Ng Tiong Lip said today.

Ng, the immediate past president of the Real Estate and Housing Developers’ Association Malaysia (Rehda), said Article 153 of the Federal Constitution, which allows for positive discrimination in favour of Malays and the natives of Sabah and Sarawak, does not include housing at all.

"The positive discrimination (in Article 153) covers only the specific areas of employment in public service, education, training or special facilities given by the federal government, and business permits.

"Housing is implicitly excluded," he said at a "Property Rights under the Malaysian Constitution" panel discussion at the 14th Malaysian Law Conference.

Ng noted that the sub-clauses under Article 153 made it apparent that the positive discrimination enjoyed by bumiputras should not deprive any other persons in the same areas of enjoyment.

"The positive discrimination allowed in our constitution is not done at the expense of others and is not a zero-sum game," he added.

He said it was highly problematic from a constitutional perspective when bumiputra quotas are imposed on all housing developers by the state authorities.

"In my opinion, a state’s imposition of bumiputra quota in our housing industry, if it was made into law, can be challenged on the grounds of Articles 8 and 153 of the Malaysian Constitution," he said.

(Article 8 states that all persons are equal before the law).

Ng added that Article 4 also stipulates that the constitution is the supreme law of the land and any law passed which is inconsistent with it shall, to the extent of the inconsistency, be void.

He said that when the bumiputra housing quota policy was implemented in the 1980s, property developers had to reserved 30% of available units in a housing scheme for a limited period of six months for purchase by bumiputras at a discount of 5%.

"Surely, the understanding then was based on satisfying the government’s social agenda and after enduring the six months reserved period, such unsold bumiputra allocated units can be released back into the open market for resale at prevailing market prices.

"However, today’s guidelines imposed by various state governments and local authorities have changed drastically at the expense of housing developers," Ng said.

He cited how the bumiputra housing quota imposed by all the states now ranges between 30% and 70%, the discount imposed varies between 5% and 15%, and the reserved period of six months is extended without any definite period of release.

He also said some state governments have introduced heavy monetary penalties and compensations before release of unsold units is granted.

For example, Ng said, the Selangor government and Kuala Lumpur City Hall recently introduced a new system of levy where an amount equivalent to the

discount given to bumiputra buyers must now be paid to the authorities in exchange for the early release of unsold bumiputra quota units.

"What is unsold after a fixed period must be rightfully returned to us without making further contributions. After all, such units are rightfully owned by us as provided for under Article 13," Ng said.

Article 13 states that no person shall be deprived of property except in accordance with the law, and no law shall provide for the compulsory acquisition or use of property without adequate compensation.

"There is absolutely no justification for imposing such levy or contribution and such guidelines must be reviewed in accordance to our constitution," he said.

Ng said Rehda continues to struggle to convince state governments and local authorities to streamline conditions for release of unsold bumiputra quota units via an automatic release mechanism which is time-based.

He noted that certain state governments have also taken to inserting and endorsing a condition for bumiputra reserved lots on land titles, and marking bumiputra lots on layout and pre-computation plans.

"The restriction endorsement on land title is permanent whereas under the marking method, plans will be unmarked and restriction lifted once release of unsold bumiputra reserve lots are approved.

"Endorsing land titles with such restrictions by state governments is tantamount to creating de facto Malay reserved land and without obtaining consent from the landowner," he explained.

Ng said many well-educated bumiputras avoided buying bumiputra reserved quota lots in urban areas, where land titles have been endorsed, because they are less marketable upon resale in the secondary market and the market value of property is generally lower due to its restriction.

He said the National Land Council and National Council for Local Government have a big role to play in streamlining government policies and existing legislation which have been inconsistently and inappropriately applied in the housing industry.

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Malaysian files RM14 trillion suit against Britain

September 10th, 2007
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source

WASHINGTON: A Malaysian human rights lawyer has filed a four trillion dollar lawsuit against Britain for alleged atrocities suffered by Indians whose forefathers were brought as indentured laborers to Malaysia during colonial rule.

Seeking £1 million (RM7 million) compensation for each of the currently estimated two million Indian Malaysians, the suit was filed in London last week, Ponnusamy Waytha Moorthy told reporters in Washington on a trip to brief the US Congress and rights groups on the issue.

”The colossal suit reflects the years of pain, suffering, humiliation, discrimination and continuous colonialisation under the current Malaysian government,’’ he said.

”It is also to highlight the negligence and failure of the British in not entrenching the rights of the minority Indians in the constitution when they granted Malaysia independence,’’ he said.

Many Indians were brought to Malaysia from southern India as indentured labor by the British, but their future generations ”were left high and dry’’ when the colonial power left the country, Waytha Moorthy said.

”There has been segregation, discrimination, marginalisation and other abuses of Indian Malaysians,’’ he said.

Ethnic Indians and Chinese are minority groups in Malaysia, whose 26 million population is predominantly Malay. The resource-rich country, which won independence in 1957 from Britain, has blossomed into one of Southeast Asia’s top economies. But Waytha Moorthy said 70% of Indian Malaysians were poor, with many in the middle and upper classes of the community migrating overseas.

Waytha Moorthy is also asking British courts to declare the Malaysian constitution null and void.

He said he had three months to serve notice of the court action on the named defendant, British Foreign Secretary David Miliband, and added that at least one British law firm was considering handling his case on a pro bono basis.

T. Kumar, Amnesty International’s Washington-based Asia-Pacific advocacy director, refused to comment on the legal suit but noted that the British colonial power had taken tens of thousands of Indians as indentured laborers to various parts of the globe. – AFP

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Makkal Osai under fire for insulting picture of Jesus and PM disappointed

August 24th, 2007
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I'm sure most would have known about this issue already, and the zealousness of MIC and MCCBCHST to condemn fiercely. MIC Youth even had time to prepare a four-page memorandum. Kudos to them 🙂
 
This is one of the few moments where MIC can get some coverage in the papers. The Star, NST and The Sun (all reproduced below) all carried news on comments by various parties. Two of them accepted the apology – Council of Churces and Archbishop of KL.
 
Our PM also mentioned his dissapointment today in Star :
 

Do not mock any religion or its teachings as these are sensitive issues, Prime Minister Datuk Seri Abdullah Ahmad Badawi has reminded all Malaysians. "Do not do things which may offend the believers of other religions … this is not good,” he said. … “This can make the Christians unhappy. Muslims too cannot tolerate such things.” 

 
and he took task Makkal Osai in the NST :
 

Abdullah, who also heads the Internal Security Ministry, said publishers had a professional and moral duty to be more sensitive towards religious beliefs and issues. Abdullah was clearly upset over the matter, saying the blunder should not have occurred in a multi-religious society like Malaysia’s.

"I am sure the Christians, as we Muslims, cannot accept this," he said. "Do not do anything to upset religious followers," he said.

The prime minister did not say whether action would be taken against Makkal Osai. But he stressed that the government had always reminded publishers to treat religious matters with caution.

 
 
Worst may yet come, since drawing of prophet's images/caricatures are forbidden in Islam.  This applies to all their prophets, including Nabi Isa (Jesus) (from what I understand).. Hope there's no complaint from UMNO or some other muslim persons/organisations or Makkal Osai may find themselves in hot soup.

Anyway, I suppose the burning question among most Indians is where was MIC/MCCBCHST when all those conversion, illegal kidnapping and separation, and otehr religious issues were happening? Conveniently missing?

 

THE STAR: source

Tamil daily says sorry over Jesus pic

KUALA LUMPUR: A Tamil daily has apologised for using a picture of Jesus Christ, downloaded from the Internet, to highlight the sayings of great sages and leaders. Makkal Osai expressed regret for using the picture to depict the sayings under “Today’s Thoughts” on the top left hand corner of the front page on Tuesday. “We apologise for the grave mistake. We also want to apologise if we have hurt anyone’s feelings,” the paper said in page two. On the front page on Tuesday, the daily printed a picture of Jesus Christ holding a cigarette in one hand and a canned drink (which looked like beer) in the other with the quote: “If a person repents his mistakes, heaven awaits him.”  

Meanwhile, the Malaysian Consultative Council of Buddhism, Christianity, Hinduism and Sikhism has urged the authorities to take action against the paper for hurting the feelings of the Christian community in the country. Its president Datuk A. Vaithilingam said the Home Affairs Ministry should investigate Makkal Osai and take necessary action against those responsible for publishing the “shameful” picture.  

In Putrajaya, the MIC Youth handed over a four-page memorandum on the matter to Ravin Ponniah, special officer (policy) to the Prime Minister, at the premier’s office. A police report has also been lodged.

NST: source

Uproar over picture of Jesus holding beer

KUALA LUMPUR: A police report was lodged yesterday against a Tamil newspaper for publishing a front-page picture of Jesus Christ holding a cigarette in one hand and a can of beer in the other. The report, lodged by a Puchong MIC member at the Tun H.S. Lee police station, alleged that the picture was a "threat to national harmony".

Makkal Osai, a Tamil daily, printed the picture in its Tuesday’s edition with a caption quoting Christ as saying: "If someone repents for his mistakes, then heaven awaits them." The daily apologised for the publication, but the MIC is not letting the matter rest. Deputy president Datuk G. Palanivel urged the Internal Security Ministry to act against the newspaper for hurting the feelings of Christians in the country.

The MIC Youth submitted a four-page memorandum to the prime minister’s office asking the government to revoke Makkal Osai’s publication permit.

The Malaysian Consultative Council of Buddhism, Christianity, Hinduism and Sikhism (MCCBCHS) also called for action against the newspaper. MCCBCHS president Datuk A. Vaithilingam expressed surprise that the newspaper could commit such a grave mistake.

The Archbishop of Kuala Lumpur, Datuk Murphy Pakiam, said the picture of the sacred heart of Jesus depicts his burning love for all people. "It is very sacred to Catholics. As such, this caricature of Jesus is a desecration and therefore hurtful to the religious sentiments of Catholics," Pakiam said. Pakiam said he had received an explanation and apology from Makkal Osai and he was satisfied with it and considered the matter closed.

Meanwhile, Makkal Osai general manager S. M. Periasamy said the offending picture published on its front page was "a mistake". "We admit that we made a mistake by publishing the picture. This was not intentionally done. We would never want to hurt the feelings of Christians in this country. We really regret this," he said. He explained that the paper carried daily quotes from great world leaders on its front page. The quote for that day was from Jesus Christ, and the picture accompanying the words was sourced from the Internet.

The Sun: source

MCCBCHS wants action against Tamil daily for Jesus Christ pic
PUTRAJAYA (Aug 22, 2007): The Malaysian Consultative Council of Buddhism, Christianity, Hinduism and Sikhism (MCCBCHS) wants the authorities to investigate a Tamil newspaper which published on its front page a picture of Jesus Christ holding a cigarette in one hand and what looks like a beer can in the other.

Its president Datuk A. Vaithilingam wants the Internal Ministry to act against those responsible for the publication of the picture. Makkal Osai, a Tamil daily, printed the picture on yesterday with a caption quoting Jesus Christ roughly as saying "if someone repents for his mistakes, then heaven awaits them". The daily apologised today for the publication. "Firstly, I'm surprised as to how they could make that mistake … it is a grave mistake. Newspapers should avoid publishing this kind of pictures as it causes hurt to people of that religion," Vaithilingam said.

The Evangelical Lutheran Church of Malaysia took a harder stance calling for a ban on Makkal Osai, saying that a precedent had been set. "When two newspapers published a caricature of Prophet Muhammad wearing a bomb-shaped turban early last year, the government took immediate action banning the two newspapers. Now we have this and they, too, should be served the same punishment as a lesson to others," Bishop Julious Paul said. He said the newspaper's apology was not enough as the publication of the picture "looked deliberate and unacceptable". Terming the publication of the picture as mischievous, he also wanted the newspaper to publish an apology in all the major newspapers, Malaysia's national news agency Bernama reported today.

MIC deputy president Datuk G. Palanivel wanted the ministry to act against the paper "to drive home a clear message as religion is something which cannot be made fun of".

MIC Youth submitted a four-page memorandum to the Prime Minister's office asking the government to revoke Makkal Osai's publication permit. Puchong MIC member Peter Sinnappan, 37, lodged a police report at the Tun H.S. Lee police station in Kuala Lumpur this afternoon.

Archbishop of Kuala Lumpur Datuk Murphy Pakiam said the picture of the sacred heart of Jesus was very sacred to Catholics as it depicts the heart of Jesus burning with love and tenderness for all people. He said the Makkal Osai picture is a desecration and, therefore, hurtful to the religious sentiments of Catholics. "It is certainly in bad taste for the editor of Makkal Osai to publish such a picture, although the message in the accompanying words is an attempt to call repentant sinners to hope and salvation," he said in a statement here.

Council of Churches Malaysia secretary-general Rev Herman Shastli said they accepted the Tamil daily's public apology and consider the case closed.

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Education and Crime to top MCA AGM

August 17th, 2007
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both the Sun and Star focused on MCA’s AGM coming Sunday. Among the hot topics expected are related to education, crime prevention and economic opportunities. In fact, education matters are paramount to them till it takes up more than half of the resolutions proposed.

MCA is also worried about the support from the community since tension rising from antics of UMNO. In the end, MCA suffers since the chinese voters are not like the malays or indian voters who follow blindly. DAP will gain when MCA has a problem. Only option is for BN to field non-chinese candidates to fight DAP in their areas. But that would mean exchange of seats which will not go down well with other components.

THE STAR: Crime among the hot topics at MCA annual general assembly

By LOONG MENG YEE and NG SI HOOI
source
KUALA LUMPUR: Fighting crime will be among the main topics for debate by delegates to the 54th MCA annual general assembly, said party secretary-general Datuk Ong Ka Chuan.

He said the rising crime rate was also likely to be discussed. “People are very concerned about the crime rate in areas such as Johor Baru. We want to come out with crime prevention programmes as well as work with police to combat crime,” he said in an interview.

Ong added that many of the resolutions received from the grassroots touched on public safety. “The community is worried. They are calling for a stronger police presence. There are even suggestions of starting night patrols. “The high presence of foreign workers is also very worrying, especially the ease with which they can gain employment as security guards.”

On Sunday, 2,341 delegates will attend the assembly, which is expected to be opened by Prime Minister Datuk Seri Abdullah Ahmad Badawi, at the Dewan San Choon here.

There have been many resolutions submitted on the economic sector calling for equal opportunity to participate in national economic programmes such as the Iskandar Development Region in Johor and Government projects under the Ninth Malaysia Plan.

“Another area of potential for the Chinese community is the modern agriculture sector. This will especially be attractive for rural youth and get them to stay in their home towns.”

THE SUN: Chinese support to dominate MCA debates
source
Giam Say Khoon
PETALING JAYA (Aug 16, 2007): Chinese support for the MCA is expected to dominate the debates at the party’s annual general assembly (AGM) on Sunday.
According to an aide of MCA president Datuk Seri Ong Ka Ting, the party chief will focus on topics relating to the political strength of the Chinese community.

The source said the Chinese community always voted for opposition parties when it wants to disagree or show dissatisfaction to the ruling parties and “current sentiments don’t look good”.

“If the support (of the Chinese community) continues to split half for MCA and another half for the opposition parties, it is very worrying because they may vote emotionally just to disagree with Umno,” the source said.

The source said such sentiments of the community will weaken MCA’s voice in the Barisan Nasional, leaving the opposition to deal with Umno.

“The political relationship between the Chinese and Malays may worsen as Umno will never agree with the opposition. It is time for the Chinese community to think deeply,” the source said.

Selangor MCA organising secretary Lee Wei Kiat said the delegates would want the central leadership to five more attention to fighting crime.

“Increasing crime rates have been worrying delegates. They hope to raise the issue with central leaders so that the matter can be given priority by the Cabinet to look for more effective measures in crime prevention,” he added.

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Kavyeas hits back

July 31st, 2007
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"I would never issue such threats. A threat is waving a keris and asking when you are going to draw blood," he said.
– Ouch!
 
He said Malacca can "award 200 Datukships to people without positions or even addresses in Malaysia, but he (Ali) could not recommend one to our state chairman of 15 years who is a senator". "He campaigned for Umno and Ali Rustam in the rain and sun. What did he get in return?"
 

Kayveas said the seat allocation to the PPP would be discussed in September among the four main BN component parties – Umno, MCA, MIC and Gerakan. "PPP is not part of this and there are two parties that will not be happy if seats are given to PPP."

– is he sure the other TWO parties will be happy if PPP gets seats?
 
In Kelantan, he said, 5,000 Malays, including Umno members, have joined the party.

– Sure or not?

 
 
Kayveas: No threats, PPP members will decide future
source
Terence Fernandez
PETALING JAYA (July 30, 2007): People's Progressive Party (PPP) president Datuk M. Kayveas today denied threatening to pull out of Barisan Nasional (BN) and issued veiled references against senior Umno leaders.

"I would never issue such threats. A threat is waving a keris and asking when you are going to draw blood," he said.

"I just said we would have to think about our future in the BN if we are not going anywhere. I don't think that is an ultimatum. Come on, we are in no position to give ultimatums to anyone."

He also took to task Umno vice-president and Malacca Chief Minister Datuk Seri Mohd Ali Rustam for saying the PPP can join other political parties, which will just mean more seats for other BN member parties.

He said Malacca can "award 200 Datukships to people without positions or even addresses in Malaysia, but he (Ali) could not recommend one to our state chairman of 15 years who is a senator".

"He campaigned for Umno and Ali Rustam in the rain and sun. What did he get in return?"

Stressing that PPP's future presence in BN will be dictated by its members, Kayveas said: "While I would prefer the party to remain in the ruling coalition, I also cannot ignore the voices of our 500,000 party members.

"I'd rather work from within than from outside, but at the end of the day, if the majority of PPP members decide we have to rethink our strategy, and if we are strong enough to do so, then I will have to respect the voices of the majority."

Kayveas, who holds the PPP's sole seat as Taiping MP, said Sunday (yesterday)'s reports that he issued an ultimatum to the BN that PPP would leave the coalition if its demand for more seats and positions were not fulfilled, were untrue.

He said he did make the request for four parliamentary seats, 12 state seats, 79 local council seats and the position of Ipoh mayor at the party's 54th anniversary celebrations in Johor Baru on Friday (July 27).

"These are seats and positions that were already in PPP's hand before it joined the BN in 1972," he said.

"When you speak to party members, of course you need to tell them what they want to hear. They want to know where the party is headed and it is my responsibility to tell them but I never issued any ultimatum although I did voice my dissapointment at not being given due recognition."

Kayveas said the seat allocation to the PPP would be discussed in September among the four main BN component parties Ð Umno, MCA, MIC and Gerakan..

"PPP is not part of this and there are two parties that will not be happy if seats are given to PPP."

Kayveas, who is a deputy minister in the Prime Minister's Department, said he did not request a full ministership because it was inappropriate for him to do so as the position would ultimately go to him as party president.

Yesterday, Kayveas was taken to task by senior BN component party leaders, including Umno deputy president Datuk Seri Najib Abdul Razak, Ali Rustam, Umno vice-president Tan Sri Muhyiddin Yassin, Perak mentri besar Datuk Seri Tajol Rosli Ghazali, and MCA vice-president and Health Minister Datuk Seri Dr Chua Soi Lek.

Kayveas said: "Ali Rustam doesn't know history. It was our strength, not weakness that prompted (then prime minister) Tun Abdul Razak to invite us to join the coalition.

"PPP is worse off now after joining the BN. If we are outside, we could be a formidable opposition. This, again, is not a threat. I'm just stating facts."

Accusing Mohd Ali of not recognising the PPP's contributions, he said: "In 1996, he asked for the PPP's single senate allocation to be given to Umno. I acceded to his request, and when I asked for the seat to be returned, he refused. It was only through the prime minister's intervention that we got our senatorship back."

Kayveas also said the party is on an membership drive.

In Kelantan, he said, 5,000 Malays, including Umno members, have joined the party.

"Eventually, we want at least a 40% Malay membership in the PPP," he said.

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