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hindraf clarifies

November 22nd, 2007
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Rumours rife, Hindraf not amused
http://www.malaysiakini.com/news/75077
Soon Li Tsin
Nov 21, 07 4:21pm

If text-messages are to be believed, Queen Elizabeth II will make an appearance at the British High Commission in Kuala Lumpur on Sunday. 

This and other rumours are spreading via the short messaging service (SMS) on mobile phones, either to encourage or discourage people from attending a mass rally being organised by the Hindu Rights Action Force (Hindraf).

When contacted today, Hindraf legal advisor P Uthayakumar said he is getting in more volunteers to deal with calls to his office from those seeking clarification.

“The Queen is not coming. I did not get beaten up and I’m not in the intensive care unit. Other lawyers in Hindraf are not arrested,” he said, responding at one go to the main rumours in circulation.

Incidentally, Queen Elizabeth II is scheduled to open the three-day Commonwealth Heads of Government Meeting in Kampala, Uganda, which starts on Friday.

Uthayakumar also re-affirmed that Hindraf has not been issued a police permit after Cheras police chief Ahmad Amir Mohd Hashim rejected the application for technical and safety reasons two days ago.

“We have sent an appeal to the Kuala Lumpur police chief (Zulhasnan Najib Baharudin) as well as the prime minister. Even if it is not approved, we will still go on with the peaceful assembly as it is well within our right under Article 10 of the Federal Constitution.”

Uthayakumar also said he has seen other text-messages claiming that hired gangsters will be present to disrupt the peaceful assembly, that police will set up roadblocks around the city and several bus companies have cancelled services to ferry people into Kuala Lumpur for the rally.

The gathering is expected to attract 10,000 people, with Hindraf to hand over a petition addressed to the Queen to support a class-action suit against the British government for bringing Indians to Malaysia as indentured labourers and exploiting them for 150 years. 

The quantum being sought is US$4 trillion (RM14 trillion) – or US$1 million for every Indian currently residing in Malaysia.

‘Prove it, Samy’

Uthayakumar was also asked to respond to a claim by MIC president S Samy Vellu that Hindraf has not filed a case in London, but had only given notice to file a case.

“We have filed the suit and we have proof […] complete with the Queen’s stamp, a civil suit number and the receipt of payment,” he said.

“We have never filed a notice. If Samy Vellu (photo) has the evidence of that notice, then we would like to ask him to show it to us. Samy Vellu has nothing to do with this. It is between Hindraf, the British government and the Malaysian government.”

The civil suit against the UK secretary of state for foreign and commonwealth affairs – filed on Aug 30 at the Royal Court of Justice in London – took a month to prepare and was handled by Hindraf chairperson P Waythamoorthy.

The claim for compensation is based on alleged “pain, suffering, humiliation, discrimination and continuous colonialisation” suffered by the Indian community in Malaysia.

Anwar: Let rally proceed

Meanwhile, former deputy premier Anwar Ibrahim has urged the police to issue a permit allowing Hindraf to proceed with its rally this Sunday.

"It is the democratic right of all Malaysians to express their views and concerns peacefully. As the recent Bersih rally demonstrated, if the police decide to cooperate, the security and orderliness of any gathering can be guaranteed," said Anwar, who is also de facto leader of the opposition PKR.

"The Indian community has been suffering in silence and the time is most opportune to bring an end to the neglect and marginalisation of the poor of all races.

"I hope this rally will achieve its goal of affirming the interests of the Indian community as Malaysian citizens, and its right for a higher standard of living and quality of life."

Malay version:

Anwar gesa polis beri permit untuk perhimpunan Hindraf
http://www.malaysiakini.com/news/75105
Nov 21, 07 8:18pm

Bekas Timbalan Perdana Menteri, Datuk Seri Anwar Ibrahim menggesa pihak polis supaya mengeluarkan permit untuk membenarkan Barisan Bertindak Hak Hindu (Hindraf) mengadakan perhimpunannya Ahad ini.

Beliau yang juga ketua umum PKR berkata ia merupakan hak demokratik semua rakyat Malaysia untuk menyuarakan pandangan dan keprihatinan mereka secara aman.

Satu kenyataan hari ini, Anwar berkata, sepertimana perhimpunan anjuran Bersih baru-baru ini, jika pihak polis bersedia untuk memberi kerjasama, keselamatan dan ketenteraman sebarang perhimpunan boleh dijamin.
Menurutnya lagi, masyarakat India telah lama menderita secara senyap dan sudah tiba masanya untuk mengakhiri pengabaian dan peminggiran semua rakyat miskin.

Beliau berharap perhimpunan tersebut akan mencapai matlamatnya untuk mempertegaskan kepentingan masyarakat India sebagai rakyat Malaysia,dan hak mereka untuk menikmati kehidupan yang berkualiti.

Sementara itu, penasihat undang-undang Hindraf, P Uthayakumar berkata permohonan Hindraf untuk mendapatkan permit polis untuk mengadakan perhimpunan tersebut telah ditolak oleh Ketua PolisCheras, ACP Ahmad Amir Mohd Hashim dua hari lalu atas alasan teknikal dan keselamatan.

“Kita telah menghantar rayuan kepada Ketua Polis Kuala Lumpur (Datuk Zulhasnan Najib Baharudin) serta kepada Perdana Menteri. Jika tidak diluluskan pun, kami tetap akan mengadakan perhimpunan aman itu kerana ianya merupakan hak kami mengikut Artikel 10 Perlembagaan Persekutuan," katanya.

Menyokong saman

Uthayakumar juga berkata, beliau juga mendapati pesanan SMS yang mendakwa samseng telah diupah untuk mengganggu perhimpunan aman tersebut, polis akan akan mengadakan sekatan jalanraya di sekitar bandaraya dan beberapa syarikat bas telah membatalkan perkhidmatan untuk membawa mereka yang mahu menghadiri perhimpunan di Kuala Lumpur Ahad ini.

Perhimpunan tersebut dijangka dihadiri kira-kira 10,000 orang, di mana Hindraf akan menyerahkan petisyen kepada Ratu Elizabeth ll untuk menyokong saman terhadap kerajaan British kerana membawa kaum India ke Malaysia sebagai buruh dan mengeksploitasi mereka selama 150 tahun.

Dalam saman tersebut, mereka menuntut AS$4 trillion (RM14 trillion) – atau AS$1 juta bagi setiap orang India yang tinggal di Malaysia.

Uthayakumar juga ditanya mengenai dakwaan Presiden MIC, Datuk Seri S Samy Vellu bahawa Hindraf tidak memfailkan sebarang kes di London, tetapi hanya memberi notis untuk memfail satu kes.

“Kita telahpun memfailkan saman dan kita ada buktinya […] siap dengan setem Ratu, nombor saman sivil dan resit bayarannya," katanya.

“Kita tidak pernah memfailkan sebarang notis. Jika Samy Vellu (foto) ada bukti mengenai notis tersebut, maka kita minta beliau menunjukkannya kepada kita. Samy Vellu tiada kena dengannya. Ia adalah antara Hindraf, kerajaan British dan kerajaan Malaysia,” katanya.
Saman tersebut difailkan terhadap setiausaha negara UK bagi halehwal luar dan komanwel – pada 30 Ogos di sebuah mahkamah di London – yang mengambil masa sebulan untuk menyediakannya dan diuruskan oleh Pengerusi Hindraf, P Waythamoorthy.

Khabar angin

Sementara itu, pesanan SMS dan khabar angin kini tersebar mengenai perhimpunan yang dirancang diadakan oleh Barisan Bertindak Hak Hindu (Hindraf) di ibunegara Ahad ini.

Ini termasuk pesanan SMS yang mendakwa Ratu Elizabeth ll akan berada di pejabat Pesuruhjaya Tinggi British di Kuala Lumpur Ahad ini.

Ketika dihubungi hari ini, Penasihat Udang-undang Hindraf, P Uthayakumar berkata, beliau sedang mendapatkan lebih ramai sukarelawan untuk menjawab panggilan di pejabatnya dari orang ramai mahu mendapatkan penjelasan mengenainya.

“Ratu Elizabeth ll tidak akan datang. Saya tidak dipukul dan saya tidak dirawat di unit jagaan rapi. Peguam lain dalam Hindraf juga tidak ditangkap," katanya ketika ditanya mengenai pelbagai khabar angin yang disebarkan.

(Ratu Elizabeth ll dijadual merasmikan Mesyuarat Ketua-ketua Negara Komanwel yang akan berlangsung selama tiga hari Kampala, Uganda mulai Jumaat ini.)

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Hindraf meeting a journey of facts

November 20th, 2007
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A reader’s account of the Hindraf talk at Brickfields on 18th Nov 2007. Thanks to Kannan.

from Kannan Ramasamy
to M Poobalan ,
date Nov 20, 2007 10:49 AM
subject Hindraf meeting – a journey of facts

Hi all,

It was abt 3.30 pm yesterday (18th Nov 2007) when I moved from our UMIC
Deepavali gathering for 300 kids in Klang.

I had to move early leaving our UMIC function to be handle by other CC team
to avoid any delay to HINDRAF’s meeting in Brickfield due to roadblocks.

Pick up few frens in Kelana Jaya and we drive thru Federal Highway.

On the way we called few others to see if there were any blocks ahead near
Brickfileds, the reply was no roadblocks.

By 4.45 pm we were there in front of the hall in Brickfields. It was just 25
mins drive from Kelana Jaya.

There were only a few of them near the gate at that time, so we drive to
have a small chaya at nearby restaurant.

Walked to the hall at 5.45 pm and saw the crowd slowing coming in.

This is the 1st meeting we are going which organized by HINDRAF to seek more
info and as well to show support to them.

There were few people giving away form to pen down support sign for the UK
case.

The mix crowd of old and young, man and woman soon filled the hall and
around 6.45 pm the hall was almost full.

Sharp at 7.00 pm, the 1st speaker, Mr Mano introduce himself and talked
about fundamental discrimination of right happening in Malaysia towards
Indians.

This followed by Mr Genga and Mr Wathya on the current situation and support
on the suit.

The whole atmosphere in the hall was very vibrating as the crowd claps for
every point made by the speakers.

The crowd also echoes with high spirit support with clear loud voices.

He even called the people not to worry to the police presence outside as it
is LEGAL and PERMIT APPROVED gathering.

There were a lot of things and facts shares in this gathering which needs to
be known by all of us.

This is must attend meeting by every Indian in Malaysia regardless of age,
religion, education or status as long as they are Malaysian Indians.

This group of lawyers from Mr. Mano, Mr Genga, Mr Waytha, Mr Uthaya and Mr
Rao has put the community above all to serve them with high dedication.

Their speech full of facts on

* the reason and the way the Indian were brought into Malaysia
* the promises given by the British before independence
* The suffering and pain by the Indians here under British colonial
* the contribution and glory made by our Indian towards British
* the dirty ways of the current government cleaning Indian history and
icons
* the discriminations by umno lead government in last 50 years
* the right that every Malaysia Indian have in law and constitution
* the wrongdoing by the PM as the government leader to save Indian as
whole.

And the most important thing was the reason why the suit was filed against
the UK and how the Reid commission failed the Malaysian Indians !!

This information shared was the most crucial and interesting parts.

I have to salute to this team of lawyers whom dedicated so much time and
life in preparing the findings and filing the suit.

As Mr Watya said, this suit is the bull’s eye shot that will open the eyes
of world towards the suffering of Indians in Msia.

It was a bit sad part to see only abt 2000 plus people came from Klang
Vallley to this meting despite Brickfields is well known as Indian hub.

Nevertheless the HINDRAF gathering at the other parts of Malaysia pulls huge
crowd in Sban ( ~7000) and Penang (~5000), Butterworth (~4000) and Kulim
(~4000).

As said, may be people are still worried on Bersih gathering reaction
recently. But this is total is different gathering with NON POLITICAL
purpose.

The other request made in the speech were,

1. The signature support by Malaysian Indian on the suit against UK

a. Each Indian to get at least 10 signatures and make 10 copies
of the form

2. The peaceful gathering to support the memo submission to the UK
counsel on coming 25th Nov 2007 at 9am in front of British Council, Jln
Ampang KL.

a. Request made if possible to be in “orange” to assemble peace
and sacred gathering. ( Amathiyum Thuimaiyum)
b. Be in peace and total calm during the gathering as it
resembles the Indians in Msia to pledge the HRH Queen of England to appoint
Her Queen’s Counsel to represent us.
c. The international media will be present at the gathering to
record this peace wave.
d. It will be a legal peace gathering with police permit.
e. Be there early to avoid traffic jam and possible to take
public transport like LRT Star to Ampang Park Stn which is only 50m walk to
the council.

3. Do daily prayers and light up a “agal villaku” in front of every
Indians house daily from 7pm – 8 pm to shown support on the suit against UK.

The gathering came close to end at 10.30 pm with standing recognition to the
brave hearts that fought their life to save the recent Kg Jawa Amman Temple
followed highly motivated song and the IKRAR reading.

It was a stunning and high vibrate gathering that I ever been.

We need more Malaysian Indian to support this team that is fighting for the
rights of all of us whom are poor, oppressed, suppressed and permanently
colonized.

As your simple contribution, pls pass this info to all the Indian tht u
knew.

Pls seek for the form and pen down your signature of support.

Be there in all the meeting to get to the root of the truth.

“KAMI MAHU HAK KAMI”

“KAMI MAHU HAK KAMI”

“KAMI MAHU HAK KAMI”

Thanks for reading and seek for support.

– Kannan Ramasamy –

1 comment »

Posted in BornInMalaysia, Indian

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boycott or show protest at national deepavali celebration

November 5th, 2007
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at first, i was thinking that those involved may call for a boycott, and indeed, SMSes was being sent around asking to boycott all deepavali celebrations organised by govt as a sign of protest. i even received 3 till today.

this seemed like a good idea at the beginning. but the last two days, something crossed my mind. what if the indian community used this kind of events to show protest by ATTENDING rather than staying away. go and enjoy the food, shake hand with the VIPs and tell them how much you are unhappy with the temple demolition, or whatever it is you are unhappy about. bring all your family members, organise buses and vans..same like when you plan to attend THR Raaga concert or football matches.

those interested can even prepared standard caps, t-shirts or button badges to be worn – with words like "selamatkan rakyat india" or "stop temple demolition" or "no more discrimination" or other such clever creative flavors, which can be easily understood by all those who are present. Hmm..that means english right?

Just a thought. I'll be back on Tuesday evening, so hope to see your replies then.

By the way National Deepavali celebration is on 11 November as mentioned by Bernama:

KUALA LUMPUR, Nov 1 (Bernama) — The national-level Deepavali Open House will be held on Nov 11 at the KL Sentral parking space in Brickfields here. Culture, Art and Heritage Minister Datuk Seri Dr Rais Yatim said the event would exhibit the unique aspect of the Indian community in Malaysia. The public, including tourists, would be able to see the food, clothes, traditional games and decoration of the Indian community in this country. There would also be a "kolum"-making contest (contest to decorate floors), dances and traditional Indian games like kabaddi, he told reporters at his office here today. Rais said the Open House, to be held from 2pm until 6pm, would be people-friendly and provide equal treatment to everyone.Deputy Prime Minister Datuk Seri Najib Tun Razak is scheduled to open the function. Between 15,000 and 20,000 people are expected to attend.

Adios!

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shah alam temple demolishment details

October 31st, 2007
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Thanks to Thanish for the following write-up which relates to the temple demolishment at shah alam.

Thanish Rama thanish@….
Delivered-To: mpoobalan@******
Received: by 10.142.79.1 with SMTP id c1cs66102wfb;
Tue, 30 Oct 2007 19:48:23 -0700 (PDT)
To: ***********
From: Thanish Rama Date: Wed, 31 Oct 2007 02:22:07 +0000
Subject: [www.umic.org.my] Temple Demolished in Padang Jawa Klang
Reply-To: ****************

Hello all,Let me tell you all the exact issue. This temple was headed by demised former Exco of Selangor state. It is being said a court order released on 2005. The order was then was brought to authorities by the Exco and decided not to touch the temple until a land is given to temple. The developer has allocated a portion for the temple but the land is not ready yet. How and where to move without a land is shown and given? The housing area behind the temple is being cleared out and the houses are being relocated. We are aware that the houses being demolished but NOT the temple. To be safe, selangor state and exco authorities was met and with the developers consent it was decided and ensured the temple will not be touched. All of a sudden on early morning on 30th October 2007 the so called authorities (MBSA) came into the temple with hammers and axes with their shoes ON without a respect to the prayers going on at the temple. (went into the inside deities’ place (karuvarai)). They was forcefully stopped and notice was asked to be shown, court order to be shown . But they can’t produce any. Only being told that it was decided to demolish the temple late night on 29th Oct. They very reluctant to hear any of the temple committees words. Finally after a long long talk, they decided to give the time until 2pm to remove the deities. They immediately went to demolish the kindergarten which belongs to the temple ( Class was going on at that time, the childs were rushed out from kindergarten ). The kindergarten was demolished with all valuable belongings of the temple and kindergarten. At 2pm sharp the so called BATTALION of MBSA, RELA, FRU, POLICE ( the situation was like a war zone ). Our Indian crowds gathered in front of the battalion. Hindraf and their lawyers, independent lawyers, some MIC reps tried to talk to them. Nothing could stop them. MBSA informed NO ONE could stop this as this is direct order from selangor MB. At 4 pm, they moved into the temple. This where when the free for all started. Exchange of stone throwing between the public and the force (peaceful priests and public was inside the temple) ended up in tensed situation. The scene was like racial tension. At the end, the force overpowered with the tear gasses, water jets, batons and with guns. Datuk Seri came to the scene too late at abu 5 pm after part of the temple already demolished. He informed nothing was be able to be done. The situation became even tensed then. Datuk Seri was rushed off then. Now, this has become a National issue and its not known what is going to happen? This is our fate of Indians even though a lot of NGO’s and the public protesting against Indian community discrimination. The date 30th Oct 2007 has changed entirely the life’s of some of the Hindus in the area. Some innocent members of the public and a temple committee was arrested. If this is happening tO Padang Jawa Indians, its not very far away to other places as well. There’s no say for our leaders. No respect for our believes, our faith, our rights !!!!

– t h a n i s h –

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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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