Ti Lian Ker (Thinking Aloud) |
- Statutory Rape....In Kelantan !
- Karpal Tells PAS To Lift Ban On Ticket Sales
- Gambling for non-Muslims provided for under federal law, says Karpal
- Soi Lek: MCA to haul PAS to court over gambling ban
- DAP challenged to get PAS to reverse ban on lottery
- MCA backs going to court on lottery ticket ban 2011/03/06 By Jaspal Singh jaspal@nst.com.my Share | IPOH: The MCA will fully support the move by on
- Gerakan dares DAP to stop PAS from imposing Islamic principles on others
- Kelantan slammed over sweeping clampdown
- MCA to seek ruling on sale of lottery tickets
Statutory Rape....In Kelantan ! Posted: 07 Mar 2011 12:09 AM PST As I was typing away, I heard Kurt Cobain singing away the following lyrics: Rape me Rape me, my friend Rape me Rape me again (picture: talking to a victim) > http://vodpod.com/watch/593615-nik-aziz-padan-muka-kena-rogol Youtube -> youtube/watch?v=jFZSgOhf7L0
FAcebook -> http://www.facebook.com/video/ The above two you-tube display the mentality of the highest policy making body of PAS reflected by PAS Menteri Besar Tok Guru Nik Aziz whose words " Kalau mereka jual aurat , ROGOL LAH, PEDULI APA" puts a chill to my bones. Those words uttered by PAS Mursyidul Am or the head of the final decision making Majlis Ijmak PAS is many many many times more dangerous and harmful compared to our DPM's " I am a Malay first" that was exploited to the maximum by the opposition and their media. I would like to explain that my above digression is with regard to the rape and potential rape of our dignity; our legal , constitutional and statutory rights that is most prevalent amongst PAS type mentality exemplified by Tok Guru Nik Aziz. The recent insistent by PAS Majlis Perbandaran Kota Bharu to arrest and compound the welfare lottery traders for gambling and breach of premise license tantamount to a rape of these welfare lottery traders dignity and statutory rights protected by the laws. The preamble of the Lotteries Act 1952 reads as follows : LOTTERIES ACT 1952An Act to make provision for the grant of permits for the promotion of public and private lotteries for philanthropic, religious, educational, welfare and other charitable purposes, to make provision for the levy of a tax on lotteries and other matters connected therewith. Thus the provision for the grant of permits herein is specifically provided and given protection and legally recognized by a law passed by the Parliament. Harmless traders and buyers have been buying and selling these welfare lotteries in the spirit of contributing towards national welfare for ages since prior to our nation's independence. Suddenly they are treated like criminals and arrested. Suddenly these legally and statutory protected acts of welfare have deemed illegal, trampled and victims arrested and abused. When this was brought to my attention, I had settled the issues amicably and quietly by explaining the laws , its guarantee and protection to the relevant parties who had conceded and agreed to uphold the law passed by the sanctity of an act of Parliament. The laws must thus be protected and respected by the law-makers , the officers and the public in the spirit of the Rukunegara " Keluhuran Perlembagaan " and " Kedaulatan Undang-Undang". A week or so after the initial arrest , the PAS Kelantan Exco in charge of the State Local Government, Takiyuddin Hassan ( who was my President and I was the Secretary General when we were holding office in the University Malaya Student Union ) portfolio had insisted and persisted to take actions against these innocent traders by compounding and charging them for carrying out " gambling activities " etc. I was both abhorred and shocked at the recalcitrance of PAS for their disrespect of the laws despite being law makers. Then again I was not surprised with my friend Takiyuddin Hassan's attitude as I had crossed sword with him many many times back in the old days when he prohibited games-stores , Kentucky Fried chicken , Sudirman's concerts etc that was proposed to raise funds for the welfare of needy students in conjunction with our convocation day. He had than insisted that the game stores were carrying out activities against Islam as it is a game of chance and not a game of skill backed by authorities. With regard to gambling , the Act specifically and expressly provided as follows : Lotteries unlawful except with permit of Minister of Finance 3. Subject to section 16, any lottery promoted or conducted without a permit granted by the Minister of Finance under this Act or otherwise than in accordance with this Act shall be unlawful Thus welfare lotteries are exempted from the offenses under the Gaming Act and is therefore lawful. There was a saving clause under the Act as follows : Saving 17. No lottery for which a license has been granted under this Act shall be deemed to be a public lottery for the purposes of any written law in force in the Federation or any part thereof relating to common gaming houses. * I am therefore appalled with my fellow law student from University Malaya who had decided to take actions and charged these innocent traders for "gambling offense". As a lawyer and a former Magistrate , he had brought in extra-legal arguments to justify his actions by saying that these actions were agreed to by the Chinese community leaders. Firstly, I must repeat and emphasize that these statutory legal protection was passed by an Act of Parliament and no community leaders can take away the dignity of the traders or buyers who were protected by the law. Secondly , I am disgusted by another fellow lawyer from DAP who is a law-maker representing the constituents of Segambut. The learned Member of Parliament must have gone somewhere else instead of the Law Faculty in his years of reading law. He said : DAP Segambut MP Lim Lip Eng said that as a democratic nation, Malaysians should abide by the wishes of the majority and in the case of Kelantan he believed the Muslims were the majority although the move infringed on the rights of non-Muslims. Again, I must repeat and remind these law makers that they must first respect the law and the Rule of Law. No community nor representative of a community can take away the legal or statutory rights granted by an Act of Parliament unless they amend or annul the said Act in the Parliament. What is these DAP lawyer MP doing to safeguard and protect the interest and statutory rights of the people ? By conceding and allowing another more powerful party or a majority to rape the people of their rights and dignity ? Lastly, with regard to the premise that was normally within the ambit of the Local Government. Section 4 of the Act provides as follows ; Power of Minister of Finance to grant permits 4. (1) The Minister of Finance may, in his discretion, grant a permit to any person or society for the promotion of a lottery, whether public or private, for the purpose of raising funds to be applied in aid of any philanthropic, religious, educational or welfare organization, institution, body or service, or in carrying out any philanthropic, religious, educational or welfare scheme or project, or any specific work beneficial to the community or any part thereof or for the improvement of the social condition or for the advancement of the welfare of the community or any part thereof in some specified way or ways or for any other purpose of a charitable nature: Provided that no funds so raised shall be applied for any purpose connected with the religion of Islam With regard to premises , Section 5 provides as follows : Conditions in permits 5. (1) In granting a permit under this Act the Minister of Finance may impose such conditions relating to the promotion and conduct of a lottery as he may think fit, but there shall in all cases be imposed the following conditions, that is to say .................................................................................................... (2) Without prejudice to the generality of the powers conferred upon him by subsection (1) the Minister of Finance may, in granting any permit under this Act, impose conditions prescribing— (d) the persons by whom, the manner in which and the places at which such tickets or chances may be sold or distributed, and the persons or classes of persons to whom such tickets or chances may be sold or distributed; Thus the specific provisions of the statutory Act shall over-rule any laws or bye-laws of a general provision via a subsidiary Act such as the Local government rules and subsidiary provisions and conditions. To understand the principles of the above , kindly read my article on the infringement of the Local Authority in respect of the sales of beer at Seven-Eleven outlets etc here http://tilianker.blogspot.com/2008/12/rule-of-lawlocal-government-acting.html In summary, when there is a conflict of Federal Laws and State Laws the constitution provides that the Federal Law shall prevail. On the other hand, the maxim generalia specialibus non derogant provides that in the case of two conflicting legislation such as this Local Authority rule of disallowing beer selling and a Specific Act governing the sales of alcoholic drinks ; in this case the Excise Act 1976 ...the later shall prevail and the conditions or restrictions imposed by the Local Authority is ultra-vires and therefore invalid. In the case of Perwaja Steel Bhd & Anor vs Majlis Daerah Kemaman, YA Mokhtar Sidin j held that in the case of two conflicting law, the provisions of the Specific Act shall revail over the provisions of the General Act and held as follows ; " ..adalah jelas bahawa prinsip 'generalibus specialia derogant' adalah terpakai di negara ini. Dengan pemakaian prinsip ini maka peruntukan-peruntukan di dalam Akta am sekiranya berlawanan dengan peruntukan-peruntukan di dalam Akta khas maka peruntukan-peruntukan di dalam Akta Am itu disifatkan terbatal dan tidak terpakai." This issue is not about gambling or beer drinking. Again I would like to remind many loud mouths to digest the issues of rights and liberties here instead of harping on the subject matter that revolve around legalize lotteryI rest my case. Gambling is merely an excuse to selctively picked on the innocent traders. Similarly , I would like to advice PAS that " tidak menutup aurat bukanlah satu jemputan untuk dirogol" and PAS Menteri Besar should not " PADAN MUKA the innocent victim or justify the act of the rapist ". It is highly irresponsible.... Thus I rest my case ...... |
Karpal Tells PAS To Lift Ban On Ticket Sales Posted: 06 Mar 2011 08:06 PM PST Karpal Tells PAS To Lift Ban On Ticket Sales
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Gambling for non-Muslims provided for under federal law, says Karpal Posted: 06 Mar 2011 07:52 PM PST Sunday March 6, 2011Gambling for non-Muslims provided for under federal law, says KarpalGEORGE TOWN: DAP chairman Karpal Singh has called for the lifting of the gambling ban in Kelantan. Stating that gambling for non-Muslims was a right provided for under federal law, the veteran lawyer said Kelantan should be no exception. "As long as it (gambling) is legal and it is in some instances, then it should be legal across the board in the country. "Why should it (the law) be confined to certain areas and not Kelantan? In this case, it is the federal law that applies, not the state laws," Karpal told a press conference yesterday. He said gambling for non-Muslims was an individual's prerogative. "Parliament has found it fit to pass certain laws whereby gambling – limited and under certain circumstances – can be practised, despite the majority of the country being Muslims. "It is personal to each individual. If you find it is against your religion, don't access it. The law is not forcing anyone to gamble," he said. Meanwhile, DAP Socialist Youth chief Anthony Loke said the ban came as a surprise as there was no prior announcement about it. He hoped that lottery would not be banned in Kelantan. In KOTA BARU, National PAS Supporters Congress chairman Hu Pang Chow said the PAS government should concentrate on the state's development and not indulge in petty issues like lottery sales. It made no sense for the government to take such an action after 21 years of ruling the state, he said. A Kota Baru businessman said he was willing to spend RM20,000 for the Kelantan Chinese Chamber of Commerce to sue the Kota Baru Municipal Council and police for issuing summonses and confiscating lottery tickets last month. Jeff Lee Weng Chun, who is the chief executive officer of MT Agro Farm Sdn Bhd, said it was only proper that the chamber sue both authorities as they had no right to do what they had done. PPP president Datuk M. Kayveas said the PAS government in Kelantan should stop all the "drama" and understand that the country belonged to people of different religions and races. "The ban paints a bad perception about the country," he said, adding that PAS' actions could deter foreign investments. |
Soi Lek: MCA to haul PAS to court over gambling ban Posted: 06 Mar 2011 07:31 PM PST Monday March 7, 2011Soi Lek: MCA to haul PAS to court over gambling banBy FOONG PEK YEE |
DAP challenged to get PAS to reverse ban on lottery Posted: 06 Mar 2011 07:27 PM PST Monday March 7, 2011DAP challenged to get PAS to reverse ban on lottery http://thestar.com.my/news/story.asp?file=/2011/3/7/nation/8202057&sec=nation PETALING JAYA: Gerakan has challenged DAP to compel the PAS-led Kelantan government to lift its ban on the sale of lottery tickets. Otherwise, DAP would be seen as being "subservient" to PAS, said Kedah Gerakan Youth chief Tan Keng Liang. "If DAP fails to persuade PAS overturn its decision, it would set a precedent for the Islamist party to continue imposing its principles on non-Muslims. "I find it disturbing that PAS continues to impose its principles on non-Muslims in spite of protests from DAP,'' he said. Tan was responding to DAP chairman Karpal Singh's call for the ban to be lifted, arguing that gambling for non-Muslims was a right provided under federal laws and that Kelantan should be no exception. He added that if DAP was sincere in its protest, the party should see to it that the ban is lifted instead of mere rhetorical protests. Shah Alam MP Khalid Samad, however, said Kelantan authorities had imposed the ban on gambling after consulting non-Muslim religious leaders and community representatives. "It is not right for leaders outside Kelantan to kick up a fuss over decisions made in consultation with the affected community. "If the majority of non-Muslims in Kelantan feel that the ban on gambling should be lifted, then they should use the proper channel to air their views. "However, in the case of Kelantan, I think the non-Muslims there are generally against gambling,'' he said. Khalid also noted that alcohol was not banned in Kelantan as not all religions prohibited alcohol consumption. "But no religion in the world condones gambling,'' he said. Among the non-Muslim organisations in Kelantan that protested against the state government's move was the Kelantan Chinese Chamber of Commerce. Last Friday, its president J.P. Goh described the action of raiding two bookshops for selling Big Sweep lottery tickets and issuing the premise owners with summonses as infringing on the rights of non-Muslims. |
Posted: 05 Mar 2011 07:58 PM PST MCA backs going to court on lottery ticket ban2011/03/06 By Jaspal Singh jaspal@nst.com.my IPOH: The MCA will fully support the move by one of its central committee members to challenge the validity of the ban on Big Sweep lottery tickets by the Kelantan government. Party president Datuk Seri Dr Chua Soi Lek said the party would back Datuk Ti Lian Ker in filing a legal suit to seek an interpretation of the state and federal laws concerning the Social Welfare Lottery Act.
Three shops were raided and the owners were slapped with summonses last month.
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Gerakan dares DAP to stop PAS from imposing Islamic principles on others Posted: 05 Mar 2011 07:51 PM PST Sunday March 6, 2011 MYT 3:10:00 PMGerakan dares DAP to stop PAS from imposing Islamic principles on othersBy SIRA HABIBUPETALING JAYA: Gerakan has challenged DAP to compel PAS-led Kelantan to lift its controversial ban on the sale of lottery tickets. Kedah Gerakan Youth chief Tan Keng Liang said, otherwise, DAP would be seen as being "subservient" to PAS. "If DAP fails in its bid to compel PAS to overturn its decision, it would set precedence for the Islamist party to continue imposing Islamic principles on non-Muslims,'' he said. Tan said this in response to DAP chairman Karpal Singh's call for the ban on gambling to be lifted, arguing that gambling for non-Muslims was a right provided under the federal laws and that Kelantan should be no exception. However, Kelantan executive councillor Datuk Takiyuddin Hassan had said that they would continue raiding business premises selling lottery tickets despite protests from various quarters. "I find it disturbing that PAS continues to impose Islamic principles on non-Muslims in spite of protest from DAP,'' said Tan. Tan said if DAP was sincere in protesting against PAS' decision, they should see to it that the ban was actually lifted instead of making rhetorical protests. Shah Alam MP Khalid Samad, however, said that Kelantan authorities had imposed ban on gambling after consulting non-Muslim religious leaders and community representatives. "It is not right for leaders outside Kelantan to kick a fuss over decisions made in consultation with the affected community. "If the majority of non-Muslims in Kelantan feel that the ban on gambling should be lifted, then they should use the proper channel to air their views. "However, in the case of Kelantan, I think the non-Muslims there are generally against gambling as it is a social ill,'' he said. Khalid also noted that alcohol was not banned in Kelantan as its consumption was not prohibited by all religions. "But no religion in the world condones gambling,'' he said. Related Stories: |
Kelantan slammed over sweeping clampdown Posted: 04 Mar 2011 07:44 PM PST Saturday March 5, 2011 Kelantan slammed over sweeping clampdown Reports by K. SUTHAKAR, SYED AZHAR, SIRA HABIBU, CHRISTINA TAN, ISABELLE LAI and P. ARUNA GA_googleFillSlot("News_Story_toptext"); PETALING JAYA: The PAS-led Kelantan Government's decision to extend its ban on gambling to the Big Sweep lottery tickets has been widely condemned. Describing the move as inconsistent and tactless towards non-Muslims, MCA vice-president Datuk Seri Dr Ng Yen Yen said the lottery was not new and had existed for a long time. "It brought no problem in the past, so why now? The ban shows how insensitive the Kelantan government is towards non-Muslims," she said. Another party vice-president Datuk Chor Chee Heung said PAS should concentrate on bigger problems faced by the Kelantanese. "The extended ban on Big Sweep lottery tickets will go a long way to cover up the state government's weaknesses in other areas," said Chor. MCA Youth chief Datuk Dr Wee Ka Siong said the DAP should explain PAS' action, adding that the ban did not support DAP's assurance that PAS was now more open-minded. Kelana Jaya MCA division chief Ong Chong Swen said selling lottery tickets in Malaysia was a legitimate commercial transaction and the ban would cause Kelantanese to buy lottery tickets in Terengganu as well as encourage illegal sales. Also calling the DAP to state its stand on the issue was Gerakan Youth chief Tan Keng Liang. "It is a clear indication of what will happen if PAS comes to power," he said. Kita president Datuk Zaid Ibrahim said PAS' move was not wise as the ban would bring no political mileage to its party. "People are warming up to them as a party that could replace Umno in the future. This infringes on the rights of Malaysians," he said. Suaram chairman K. Arumugam said PAS shouldn't try to import Syariah Law into civil law, adding that the move was constitutionally incorrect and definitely infringed on the rights of non-Muslims. Gerakan president Tan Sri Koh Tsu Koon said Merlimau and Kerdau voters had been told to weigh PAS' ban on lottery as an indication of things to come. The DAP and Suhakam were the only two parties that agree with PAS' move. DAP Segambut MP Lim Lip Eng said that as a democratic nation, Malaysians should abide by the wishes of the majority and in the case of Kelantan he believed the Muslims were the majority although the move infringed on the rights of non-Muslims. Related Stories:PAS Youth wants lottery sales and all forms of gambling prohibitedMCA to seek ruling on sale of lottery tickets |
MCA to seek ruling on sale of lottery tickets Posted: 04 Mar 2011 07:34 PM PST Saturday March 5, 2011MCA to seek ruling on sale of lottery ticketsReports by K. SUTHAKAR, SYED AZHAR, SIRA HABIBU, CHRISTINA TAN, ISABELLE LAI and P. ARUNAKOTA BARU: The MCA will file a suit to seek an interpretation of the state and federal laws concerning the Social Welfare Lottery Act. "We feel there is an infringement on the rights of non-Muslims in Kelantan and we will get the courts to interpret the law," MCA central committee member Datuk Ti Lian Ker said. The matter was serious and needed court interpretation to clear the air, he told a press conference at the state MCA office here yesterday. Ti, who is Kuantan MCA chief, was referring to Kelantan's ban on the sale of Big Sweep lottery tickets. On Feb 28, two bookshop owners and a restaurateur were issued summonses for selling lottery tickets at their premises. About 300 tickets were confiscated by the Kota Baru Municipal Council during the raid by at least 10 enforcement officers. The raids were conducted following newspaper reports that several places here were selling illegal 4D numbers and lotteries. Ti and several state MCA leaders visited the affected shops and were informed that most of the confiscated lottery tickets were kept inside drawers. The sale of such tickets, he said, came under the Finance Ministry's jurisdiction at federal level. Related Stories:Kelantan slammed over sweeping clampdown PAS Youth wants lottery sales and all forms of gambling prohibited |
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