Posts

To Pardon Or Not To Pardon Part 4: Conspiracy Theories From Outer Space

Image
There are many theories, or should we call them conspiracy theories, regarding Najib's pardon appeal. There are too many to list, but here are a few:- (1) If Najib is released, he could become a political threat to the unity government. (2) Once released, he would challenge the post of UMNO presidency, putting Zahid and ultimately the PH Unity Government at risk; (3) Or, he might join PN and strengthen PN's challenge for the crucial Malay votes in the next election; (4) The Yang di-Pertuan Agong wanted to give full royal pardon but was objected to by the Attoney General and the Federal Territory Minister. Let's analyze each of the above:- Najib as a political force. We should not forget, UMNO had been the ruling government since independence in 1957, a total of 61 years continuously. It went down in GE14 in 2018. Najib was UMNO's last prime minister proving he, or UMNO, was not invincible at all. Nonetheless, Najib star shone again during the state el...

To Pardon Or Not To Pardon Part 3: What The Constitution Says

Image
Article 42 says:- (1) The Yang di-Pertuan Agong has power to grant pardons, reprieves and respites in respect of all offences which have been tried by court-martial and all offences committed in the Federal Territories of Kuala Lumpur and Labuan; and the Ruler or Yang di-Pertua Negeri of a State has power to grant pardons, reprieves and respites in respect of all other offences committed in his State. (2) Subject to Clause (10), and without prejudice to any provision of federal or State law to remit, suspend or commute sentences for any offence shall be exercisable by the Yang di-Pertuan Agong if the sentence was passed by a court- martial or by a civil court exercising jurisdiction in the Federal Territories of Kuala Lumpur and Labuan and, in any other case, shall be exercisable by the Ruler or Yang di-Pertua Negeri of the State in which the offence was committed. (3) Where an offence was committed wholly or partly outside the Federation or in more than one State or in circu...

Anwar, Bumiputera Privileges And Article 153: A Short History Of Article 153

Image
Prime Minister Anwar Ibrahim said there is no need to review Article 153 of the Federal Constitution, which outlines “bumiputera” privileges. He said this in response to calls by a PKR lawmaker for the government to review whether Article 153 was working as intended . In July, 2005 he said, "Bumiputera privileges must end" He said it once again in 2023, "Being Malay should not be a reason to deny others their rights under the Federal Constitution" What is Article 153? Article 153 does not mention "bumiputera". In fact, there is not a single mention of "bumiputera" in the whole of the constitution. It is believed, the word "bumiputera" was first coined by the late Tun Razak around 1970 when he launched the New Economic Policy (NEP). The term is derived from the Sanskrit which was later absorbed into the classical Malay word bhumiputra . Bumi means soil, earth etc while putera means prince or son; Bumiputera translated into En...

To Pardon Or Not To Pardon Part 2: Lee Meng, Mokhtar Hashim

Image
Lee Meng Lee Meng, a famous communist courier during the Malayan Emergency, was captured by the Special Branch in the early 1950s. She was sentenced to death for possession of a hand grenade and for ordering several murders. Her case attracted worldwide attention, including an offer by the then-communist government of Hungary to swap her freedom with a British spy detained in Budapest. Lee Meng in court Her appeal to the Privy Council was also rejected. Point to note: until 1978, final appeals for criminal cases must have been referred to the Privy Council, now replaced by the Malaysian Supreme Court. Since her conviction was in a Perak court, her final appeal was for pardon from the Perak Sultan. And interestingly, her appeal for pardon was supported by more than 50 members of the Malayan Parliament. Even Winston Churchill, the then British Prime Minister, strongly argued against her pardon, but the Sultan of Perak agreed to pardon her, and she was banished to China after...

To Pardon Or Not To Pardon Part 1

Image
In simple English PARDON means to forgive. Pardon, in law, means release from guilt or remission of punishment. In criminal law, the power of pardon is generally exercised by the chief executive officer or ruler of the state. Wikipedia says a pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction. Most countries have a pardon sytem, but the implementation of it differs from country to country. In The United States, the president has absolute power to pardon, but it is limited to federal crimes except for impeachment. And they don't even have a pardon board like us. State crimes come under the authority of state governors. One of the most controversial pardons by any sitting America presidents was the one issued by Gerald Ford in 1974, when he issued a proclamation pardoning Richar...