Posts Tagged ‘Crime’

Sabahan religion poser in MyKad

May 14th, 2010
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This indeed a shocking news!  I really hope that the allegation is not true. If thousands of Sabahans are facing this problem, then its a national crisis, no small joke. This in turn makes us question on the population statistics in terms of religion.

Sabahan non-Muslims in their thousands have been registered with ‘Islam’ as their religion on their MyKads, revealed a Sabah PKR leader today.

According to PKR Sabah deputy chief Christina Liew, they were assumed to be Muslims by the National Registration Department (NRD) solely because of the bin or binti in their names.

The situation has also arisen because many Sabahans have Muslim-sounding names though they do not profess the religion, she said.

Just as it is common for non-Muslims in Sabah to go by names commonly used by Muslims, many Muslims in Sabah also go by names usually associated with Christians, noted Liew.

What is disturbing, however, is the refusal by NRD in the administrative capital of Putrajaya to budge and address the unique situation in Sabah, the lawyer added.

The problem has long affected the Orang Asli in Peninsular Malaysia.

Many non-Muslims have complained that their religious status in MyKads have either been left empty – with the words tiada (none) for ‘religion’ – or a religion which is not theirs is entered in their identity documents.

The difference this time, according to the opposition activist, is the magnitude of the current problem.

“The federal cabinet should issue a directive on this issue to the NRD in Putrajaya,” said Liew.

“It has been bothering people for quite some time now, and it’s time that something was done at the administrative level to fix the problem.”

Liew has gone public with the matter after the state NRD director failed to meet her as promised yesterday, said Liew, and this after several postponements to discuss the complainants that she has recieved.

“It’s most unfortunate that the state NRD director went back on his word to have a dialogue on the issue,” fumed Liew.

“The government of the day must be open, transparent and accountable to the people. It would not hurt anyone to have a dialogue on the issue.

According to sources, the NRD in Putrajaya had warned its Sabah office against going ahead with the dialogue with Liew out of suspicions that she may also raise the issue of illegal immigrants being issued MyKads meant for nationals.

Liew had also proposed to NRD that the Sabah Islamic Affairs Council (JHEAINS), the syariah authorities and other relevant bodies be represented at the dialogue with the Sabah NRD.

There was no response to her proposal, however, from the government agencies beside the state NRD.

Liew also disclosed that the PKR Public Complaints Bureau, which she heads, has been swamped with several hundred cases of mistaken identity among non-Muslims ever since it was set up recently.

Liew said her own independent research suggests that the problem runs into the thousands.

Further compounding the problem is the practice by the NRD of unilaterally giving Muslim names to non-Muslims in the rural areas of Sabah and Sarawak “to make it easier for them to get birth certificates,” alleged Liew.

Their problems begin, she explained, when they have to collect their MyKads and find their cards stating their religion as ‘Islam’.

Liew said she will embark on a signature drive among affected MyKad holders and seek to submit them together with other relevant evidence to the federal cabinet.

She cited the experience of Adenin bin Ahmad, a Christian Dusun from Tuaran, as a case in point.

Both he and his 82-year-old father Joseph Ahmad – who still has his baptism certificate – were listed as Muslims by the NRD years ago after they changed their old identity cards in 1999 for the MyKad.

They had sought to change their identity cards to reflect their Christian profession.

Attempts by father and son to rectify thee mistake on their MyKads went unsuccessful, despite having filed statutory declarations to assert that they were not Muslims.

Adenin has been unable to obtain a certificate for his marriage as well as a birth certificate for his three-year-old daughter due to the confusion over his religious status.

Strangely enough, his two other children have birth certificates.

Adenin said he had officially written to JHEAINS to seek its declaration that he is not a Muslim.

On Aug 4 last year, to a letter requesting the department to declare that he is non-Muslim, JHEAINS replied that it could not find Adenin’s record in its records of Muslim converts.

Unable to determine his religious status, it was paradoxically suggested to Adenin that he liaise with the syariah court to resolve the issue.

To add insult to injury, the state NRD wrote to him on Jan 25 this year to advise him that his application to change his name and religious status had been rejected.

He was then advised to obtain a declaration from either JHEAINS or the syariah court that he was “no longer” a Muslim, though he has never been a Muslim to begin with.

“Is there such a thing as a ‘Muslim’ name?” asked Adenin.

“Omar Shariff, the famous Lebanese actor who was born in Egypt, is a Roman Catholic. He’s Omar Shariff because he’s Arab and Arabs, no matter what their religion, prefer to have Arab names,” he noted.

Adenin said he feels the reason he’s been passed around like a football between the various authorities is to “make an example of him” and, in the process, make his life miserable.

Adenin also expressed fears that there would be further complications when a family member passes away, as the authorities may seize the body of the deceased for burial as a Muslim.

For Muslim Sabahans, however, Liew said the problem of mistaken religious identity has never arisn.

Muslims with ‘Christian-sounding’ names are said to not have faced problems in having ‘Islam’ registered as their religion in their MyKads, she said.

The NRD in Putrajaya, thus, practices double standards on the issue and is making things difficult for the rakyat “for no rhyme or reason.”

“What happened to the ‘People First, Performance Now’ pledge of the Prime Minister Najib Abdul Razak under the ‘1Malaysia’ theme of his administration?” asked Christina.

“He should not allow petty bureaucrats to run circles around him and frustrate his administration,” she added.

Muslims have their religion stated as “Islam” on the MyKad and this apparently includes non-Muslims with “Muslim” sounding names. Non-Muslims have their religion stated in the chip inside the MyKad and this can only be read by a card reader.

Sabah NRD Director Abdul Jaffear bin Henry, who is Muslim, was not immediately available for comments.

Who should repent?

April 29th, 2010
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To repent means you have you committed a crime or a sin, and realised it. I wonder, what crime did the Chinese community commit until some hooligans try to behave in a holier-than-thou manner in asking them to repent? Who are you to ask someone to repent? These people are not of your religion nor culture, so what right do you have to interfere? Why not just worry about your kind(the ones with supremacist ideas who think they are God’s children on earth and others are third class citizens). Will save us a lot of time and energy.

To top it off, we have our ex-PM supporting them. Can’t believe this!

I think people who try to entice  folks with money and kind are the ones who should repent. You should have helped before, when the first cry for help was heard. Not when you expect something in return.

hope Shamala and her children gets justice

April 29th, 2010
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Actually, I don’t have a good feeling about this case. Something tells me Shamala will lose, even though I hope she will get justice. More discrimination I guess.

Come Monday, five judges from the highest court in Malaysia, will hear an application by a Hindu mother to challenge for the custody of her two underage sons, who became Muslim, after her husband converted them without her consent eight years ago.

The S Shamala vs Dr M Jeyaganesh case, will be heard by the Federal Court on May 3, and is bound to touch on racial and religious sentiments in multiracial Malaysia.

The case and its rulings will be a precedent to other child conversion and custody cases.

Normally, the Federal Court would have three judges hearing a particular case. However, owing to the complexity of this case as it involves constitutional matters, it had decided on a five-member bench.

Such cases have become contentious issues in Muslim-majority Malaysia as they centre on whether a parent has the right to convert their children, without the consent of the other spouse, in a civil marriage.

Other contentious issues which would be argued include whether the civil courts have the jurisdiction to hear cases concerning conversion of non-Muslim children by one parent, and whether the Syariah Court has exclusive jurisdiction to determine whether a conversion of a minor is valid or not.

… The Shamala case comes up almost a year after the appellate court heard her appeal and decided that the apex court had to rule on five constitutional questions.


Background to Shamala’s case

Shamala and Jeyaganesh were married in 1998 according to Hindu rites, with their marriage registered under the Law Reform (Marriage and Divorce) Act 1976.

Sometime in November 2002, Shamala’s husband converted to Islam, taking on the name Muhammad Ridzwan Mogarajah.

Subsequently he converted their two underage sons (then aged four and two respectively) to Islam without Shamala’s knowledge or consent.

She filed an application for custody of the children at the Kuala Lumpur High Court, and obtained an interim order from the court to grant custody of their children, while her husband was granted access.

However, before the interim custody order was made, Ridzwan obtained a hadanah custody order from the Syariah Court.

Shamala did not attend the Syariah Court hearing because she was a non-Muslim, and subsequently a warrant of arrest was issued against her, and also for failing to produce the children in the Islamic court.

After realising the children had converted to Islam, Shamala filed at the High Court for a declaration that the conversion of her two sons was null and void.

This is based on the Federal Constitution and the Guardianship of Infants Act granting her equal rights in determining the religion of the children.

However, in April 2004, the High Court dismissed her application stating that this was a matter for the Syariah Court.

Ridzwan meanwhile, obtained interim access from the High Court, and used his weekly visitation rights under the civil court to see the children.

At one instance, the father took the children from Shamala and refused to return them because he had obtained a Syariah Court hadanah (custody order).

Following this, Shamala filed for committal proceedings against her husband. He eventually returned the children after the High Court cited him for contempt, and held that he violated the interim custody order issued by the High Court.

In July 2004, the High Court granted Shamala ‘actual custody’ of the children, and decided that she would share ‘legal custody’ with her husband.

However, the court held she would lose custody if “there are reasonable grounds” to believe she would influence the children’s Islamic beliefs.

Five appeals filed

As a result of the case, five appeals were filed – four by the husband and one by Shamala at the Court of Appeal.

  • Ridzwan appeal’s over the High Court’s decision in dismissing his preliminary objection that the court had no jurisdiction to hear custody cases as the children had converted to Islam;
  • His appeal on holding him for contempt when he refused to abide by the civil court’s order to return the children to Shamala;
  • The husband appealing a warrant of arrest issued by the Syariah Court against his wife had been set aside by the civil court;
  • Ridzwan appeal over the High Court’s decision in giving actual custody to his wife, Shamala is cross-appealing against the decision seeking sole custody and the removal of the caveat she cannot influence her children’s faith; and
  • Shamala appealing to nullify the conversion of her children to Islam.

Following this, the Court of Appeal three-member panel headed by Justice Abdull Hamid Embong recognised the case involves important constitutional matters.

Since constitutional matters are within the realm of the apex court, it had decided to grant leave to appeal and transfer the case there. Hence, Monday’s hearing.

Questions to apex court

Five questions, which were agreed by the Court of Appeal and posed to the Federal Court to decide are:

1. Whether Section 95 (b) of the Administration of Islamic Law (Federal Territories) Act 1993 is ultra vires (beyond the powers) of Article 12 (4) of the Federal Constitution (specifically concerning the right to determine the religion of the children under the age of 18 shall be determined by the parent or guardian) and Article 8 regarding equality rights?

2. Whether the same section in state law is inconsistent with federal law namely Section 5(1) of the Guardianship of Infants Act 1961, and is therefore invalid;

3. Regarding Article 121 (1A) of the Federal Constitution, where a custody order of children is made, which court, between the Syariah Court or the High Court is the higher authority.

4. When there is conversion of children of a civil marriage to Islam by one parent without the consent of the other, are the rights of remedy for the non-Muslim parent is vested in the High Court?;

5. Does the Syariah Court have jurisdiction to determine the validity of conversion of a minor into Islam, once it had been registered by the Registrar of Muallafs (Registrar for newly-converted Muslims).

Justice Abdull Hamid, who has now been elevated to Federal Court is unlikely to hear this appeal as he has heard it in the Appellate Court.

It is hoped the hearing and verdict would help resolve the long-standing issue which has affected many families facing a similar situation.

One of the cases likely to be affected by the outcome of the Shamala case include the M Indira Ghandi case in Ipoh.

Similar to the Shamala case, Indira’s husband converted to Islam and also converted their three children.

Indira is seeking the custody of the children and requesting the annulment of the children’s conversion.

15 year old shot dead by police

April 27th, 2010
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Firstly, I’m curious on why a 15 year old is outside his home at 2am. Nowadays I notice its easy to find youngsters loitering around outside their homes after 10pm. Some hang out in groups, cycling around aimlessly while others hang out at mamak shops, burger stalls, 7-11 etc.  I think first thing that concerned citizens and enforcement officers should do is to ensure people age below 18 are in their respective homes after certain time (like 10pm for example).  This can drastically reduced the possibility of “being in the wrong place at the wrong time” or mixing with bad hats. I really wonder what can be so important until a underage person can be outside his or her house at late night. Yeah, call me old-fashioned/cruel/ignorant or whatever, but this is what I feel.

The deceased mother’s comments:

“I know my son. He is not as they report in the newspapers. I know who my son was,” insisted Norsiah Mohamad, 60.

Secondly, notice the different version of the shooting.

Police have their version:

Speaking to the press yesterday, Selangor police chief Khalid Abu Bakar (right) was reported as having said the police chased Aminulrasyid after chancing upon him and the other suspect “in suspicious circumstances”.

Rather than slowing down after being told to stop their car, the teenager sped up. The police then shot at a tyre of the Iswara, said Khalid.

After the car stopped, he added, one of the suspects exited the vehicle and escaped on foot.

The driver of the vehicle suddenly reversed the car and tried to ram into the police personnel – who had by then been joined by officers from another patrol unit.

“Surprised by the action of the suspect and (trying) to defend himself, the police officer shot in the direction of the suspect in the car,” said Khalid.

The suspect died on the way to the Tengku Ampuan Rahimah Hospital in Klang due to the injury sustained, added the police chief.

A long machete was found in the Iswara by police personnel, Khalid said.

The “witness” version:

According to the police report lodged by a witness involved in the incident, he and Aminulrasyid were returning home in the latter’s Proton Iswara from a restaurant in Section 7.

After overtaking a police MPV, they were chased, then shot at by the police until the car was forced to the side of the road.

“I went out of the car to surrender. One of the police personnel kicked me from behind, while others punched and kicked me.

“I struggled and was able to escape from the police, then went straight home,” said the witness in his police report.

There’s a problem with both versions in terms of credibility. The police version may be thought of trying to protect themselves, as is with the witness who was in the car. So, forensic evidence need to be used to determine the truth.

Interestingly, the boy was shot in the head it seems, and conveniently, there was a weapon in the car. I wonder if toxicology reports of  the victim, witness and the policemen involved will reveal anything.

Thirdly, I’m amazed at the speed some quarters offer support to the family. Never really seen it in other cases involving you-know-who. Both Selangor state government and Selangor UMNO are trying to out do each other. I guess its about votes. In this case, people are actually proactive to set up special panel, wanting to bring up issue in Cabinet meeting, discuss in state exco meeting, meet up with Selangor police chief, and offering legal aid.

I also wonder if Hindraf or HRP will take up this case as well.

Ibrahim Ali says give no aid for Chinese

April 26th, 2010
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I’m not sure what he had consumed recently, but this statement should be seeing him under ISA or at least charged for some sort of crime. But knowing Bolehland, he and some other monkeys get to say whatever they like. It will be considered as “voicing their displeasure” or some other nonsense according to the twisted logic of some politicians.  Just imagine other groups doing the same, and you can see the swift attack.

Well, this is what the trouble-maker said according to Malaysian Insider:

“Amat wajar kerajaan tangguh dulu apa jua peruntukan dan kelulusan kepada masyarakat kaum Cina, terutama desakan-desakan MCA dan Gerakan kerana jelas masyarakat Cina di Hulu Selangor serta India tidak menyokong BN.

Mereka langsung tidak hargai apa yang diberi oleh kerajaan BN walaupun kerajaan BN terpaksa mengguris hati orang Melayu dan Bumiputera,” kata Ibrahim yang juga Ahli Parlimen Bebas Pasir Mas mengulas keputusan malam tadi yang memihak BN tetapi majoriti cuma 1,725 undi.

Walaupun analisis menunjukkan sokongan pengundi Cina masih belum memihak kepada BN tetapi ia menerima peningkatan undi komuniti India hampir 10 peratus.

BN meletakkan sasaran majoriti 6,000 undi.

Dalam kenyataan kepada The Malaysian Insider awal minggu lalu Ibrahim sendiri meletakkan majoriti 3,000 kepada BN tetapi Khamis lalu menurunkannya kepada 1,500 undi.

Kata beliau, apa saja yang kaum Cina minta kerajaan sedia berikan tetapi mereka tidak berterima kasih.

“BN kena ambil hati orang Melayu yang tetap setia pada BN.

“Oleh itu dasar afirmatif untuk memperkasakan kaum Melayu dan Bumiputera mesti diterus dan dilaksanakan dengan tegas,” kata beliau dengan merujuk kepada Model Ekonomi Baru yang sedang dirangka.

Malam tadi, Setiausaha Agung BN, Datuk Seri Tengku Adnan Tengku Mansor berkata walaupun menang dengan majoriti 1,725, tetapi pengundi Cina didapati tidak menyokong BN, bukan sahaja dalam pilihan raya kecil itu tetapi juga semasa pilihan raya umum 2008.

“Kita perlu melihat di mana silap kita. Saya akan berjumpa dengan parti-parti komponen untuk membincangkan perkara ini, tetapi kita gembira kerana pengundi India kembali menyokong BN. Begitu juga dengan pengundi Melayu.

“Kita hilang kerusi pada pilihan raya 2008 dengan majoriti kecil 198 undi tetapi kini mengekalkan kembali kerusi dengan majoriti yang lebih besar. Ini menunjukkan rakyat menyambut baik konsep yang diutarakan pucuk pimpinan seperti gagasan 1Malaysia dan Model Ekonomi Baru,” katanya.

Presiden MCA, Datuk Seri Dr Chua Soi Lek pula berkata, MCA memerlukan anjakan paradigma bagi mendekati masyarakat Cina yang dilihat tidak begitu memberi perhatian kepada soal kehendak dan keperluan asas.

Ibrahim berkata kemenangan BN membuktikan rakyat mahu ketenangan dan kesetabilan politik.

“Ia juga bukti rakyat menerima kepimpinan Datuk Seri Najib (Razak) sebagai perdana menteri. Ia juga membuktikan politik perkauman ditolak rakyat.

Cuma pengundi kaum Cina nampaknya tidak berterima kasih pada kerajaan BN. Jelas pengaruh MCA dan Gerakan ditolak masyarakat Cina.

Pelbagai tuntutan kaum Cina, kerajaan layan, tapi balasannya tidak seberapa,” katanya.

Katanya, usaha pihak tertentu untuk memburukkan nama Perkasa dalam pilihan raya Hulu Selangor juga tidak memberi kesan.

In English, it means something like this:

Malay rights group Perkasa wants the Barisan Nasional (BN) government to review election pledges made in Chinese areas in Hulu Selangor because of the community’s poor support for the coalition.

Its president Datuk Ibrahim Ali (picture)said despite BN’s success in winning the semi-rural seat from PKR, the Chinese voters had largely chosen to back the federal opposition.

“It is necessary for the government to delay any allocation and approval of projects for the Chinese community,” said Ibrahim in a statement responding to the by-election result.

Ibrahim added that the government should also ignore all the demands made by BN members, MCA and Gerakan, as the Chinese of Hulu Selangor had rejected the ruling coalition.

They show no appreciation to BN government’s efforts, even though the BN government had to hurt the feelings of the Malays and the natives,” said Ibrahim.

All their demands are fulfilled by the government but they do not know how to be grateful,” he added.

Ibrahim, an independent MP, had actively campaigned for BN during the campaign.

His Perkasa is fighting for affirmative action policies favouring Malays to be retained permanently.

In the by-election which saw BN’s P. Kamalanathan defeating former Law Minister Datuk Zaid Ibrahim by 1,725 votes, the ruling coalition lost badly in Chinese dominated polling districts.

During the final campaigning days for the Hulu Selangor by-election Datuk Seri Najib Razak promised an allocation of RM3 million for a Chinese school near in new village.

The BN chairman also promised RM90,000 for the Ulu Yam Kwang Tung cemetery and more allocations for Hokkien and muhibbah associations in the area.

However the support level from the Chinese voters was reduced from about 35 per cent in Election 2008 to less than 30 per cent yesterday.

BN’s victory was guaranteed by strong support from the Malay-dominated Felda settlements and villagers in rural Hulu Selangor.

Ibrahim said the outcome showed that the pro-Malay affirmative action policies should be maintained.

“BN must now keep the Malay happy as they have been loyal to BN. Therefore the affirmative action policies to strengthen the Malays and the natives must be maintained and implemented thoroughly,” he said.

This is what the useless paper mentions:

Dalam pada itu Ibrahim berkata, pilihan raya kali ini juga memperlihatkan penolakan kaum Cina terhadap kerajaan.

‘‘Walaupun kerajaan telah memberi layanan kepada mereka, balasan yang diterima masih tidak seberapa.

‘‘Mereka masih belum berterima kasih kepada kerajaan BN dan ini jelas membuktikan bahawa pengaruh MCA dan Gerakan terus ditolak oleh masyarakat Cina,” katanya.

See??? Nothing at all about the issue of recalling back the aid. Another confirmation of the paper that is not even worth to be used in toilets.

What will newly elected YB Kamalanathan say about his buddy Ibrahim now since this affects his constituency directly? cannot say “no comments” or “i’ll answer later” any more” 🙂

At least this time, MCA did say something in reply:


He explained, “when you try to buy them at the last minute, telling them to vote for BN and they will get rewarded, some of them feel insulted.

It is like treating them like beggars. The Chinese will be your long term friend if you be fair and treat them well. But, they will turn away from you if not.

“It is not that they don’t like Najib, they adore Najib, but they do not support these few BN leaders who are ‘extremists’ like Ibrahim Ali.”

Sadly, he said, some of the BN leadership are emulating Ibrahim’s racist stance.

There are those who keep saying that Malays are first and the Chinese should be grateful,” he added. This is not the way to win the Chinese over,” he stressed.

Meanwhile, Dong Jiao Zhong committee member Chow Siew Hon stressed that the money used for the allocations belongs to the government and not to any political party.

“The money ultimately belongs to the rakyat. We are all entitled to it. Nobody can say that you cannot get the funds just because you don’t support BN.

“The vote is your personal choice, whoever you want to support. I strongly disagree with that gentleman (Ibrahim),” said Chow.

MCA state assemblyperson for Kuala Kubu Baru Wong Koon Mun refused to comment on the issue of allocations but hit out at Ibrahim, saying that he is a “rotten apple” and a “party to the effort to topple BN.”

BN Secretary General’s response:

Barisan Nasional (BN) secretary-general Tengku Adnan Tengku Mansor said today that the government will not neglect the Chinese voters in Hulu Selangor.

“We cannot take back the allocations for the Chinese. There are also Chinese who voted for BN in the by-election,” he explained when asked if the government would heed the suggestion of Perkasa chairman Ibrahim Ali.

The independent MP had suggested that the Chinese voters in Hulu Selangor should be punished by the government for not fully supporting MIC candidate P Kamalananthan.

Tengku (left) added that as BN is a multiracial party, they need to help the rakyat irrespective of their race or religion.

He then brought up Kelantan which is ruled by PAS.

“We give Kelantan a lot of money for its development even though BN is not the state government.”

Nevertheless, the Putrajaya MP said that Umno will work closely with MCA to understand why the Chinese voters are not supportive of BN and how they can overcome this problem.

“I believe that if we conduct a post mortem (on the Hulu Selangor by-election) we can get answers on how to regain the Chinese votes,” he told reporters in a press conference at the Umno headquarters.

He added that it is important for all the component parties to work together towards finding the root cause and not penalise MCA.

“We cannot punish a member of our component party if they don’t perform. What we can do now is to analyse what happened and what can be done to improve things,” he continued.

I like to quote Wong Chun Wai’s tweet:

Ibrahim Ali wants govt to ignore demands by MCA n Gerakan. Maybe he shd find out who r the largest tax payers in Msia.