ON HUMAN RIGHTS, JUSTICE AND PEACE ISSUES, LABOUR RIGHTS, MIGRANT RIGHTS, FOR THE ABOLITION OF THE DEATH PENALTY, TOWARDS AN END OF TORTURE, POLICE ABUSES, DISCRIMINATION...
Legal Profession Qualification Board(LPQB) - amendments that will place it under EXECUTIVE(Minister) control - and no more INDEPENDENT.
As it is the Judicial Appointment's Commission has a majority of members chosen by the Prime Minister, and it RECOMMENDS persons to be appointed Judges. Many are asking that there should be NO PM(or Executive) appointed members of the JAC to ensure INDEPENDENCE of Judges..
Now, the Legal Profession Qualification Board(LPQB) - another attempt by Executive to place it under Executive Control? Changing it so that there will be 8 out of 13 in the LPQB appointed by the Minister(executive).
Public Prosecutor - already is decided by the Prime Minister(Executive) - hopefully will change when Malaysia enacts law separating Attorney General from Public Prosecutor - where it is hoped that the Executive(PM) no longer chooses the Public Prosecutor - and he/she will be INDEPENDENTLY appointed, with security of tenure(until retirement age) - Changes on the way - and we still do not what are proposed changes yet....taking TOO MUCH time.
Legal
Profession (Amendment) (No. 2) Bill 2025 was tabled on 17/11/2025, and
speedily passed by Dewan Rakyat on 1/12/2025 - YET to be passed by
Senate, and herein LIES the problems -
NOW,
The Board shall consist of -
(a) the Attorney General who shall be the Chairman;
(b)two Judges nominated by the Chief Justice;
(c) the Chairman of the Bar Council; and
(d) a full-time member of the academic staff of a Faculty of Law nominated by the Minister of Higher Education.
The amendment
3. The principal Act is amended by substituting for section 7 the following section:
“Membership of Board
7. (1) The Board shall consist of—
(a) the Attorney General who shall be the Chairman; (b) the Chairman of the Bar Council who shall be the Deputy Chairman; (c) a Judge nominated by the Chief Justice; (d) the Director General of the Legal Affairs Division of the Prime Minister’s Department; (e) the Chief Registrar; (f) a member of the Malaysian Bar nominated by the Bar Council and appointed by the Minister; (g) a full-time member of the academic staff of a Faculty of Law nominated by the Minister charged with the responsibility for higher education and appointed by the Minister; (h) a full-time member of the academic staff of a faculty of law of a private higher educational institution approved and registered under the Private Higher Educational Institutions Act 1996 [Act 555] nominated by the Minister charged with the responsibility for higher education and appointed by the Minister; (i) a member who is an advocate and solicitor of the High Court of Sabah and Sarawak and practicing law in the State of Sabah nominated by the Sabah Law Society and appointed by the Minister; (j) a member who is an advocate and solicitor of the High Court of Sabah and Sarawak and practicing law in the State of Sarawak nominated by the Advocates Association of Sarawak and appointed by the Minister; and (*k) three other members appointed by the Minister.
What changes?
1) Reduction of the number of Judges that can be nominated by the Chief Justice, from 2 to now 1;
2) The number of persons appointed by the Minister INCREASED from 1 to 8?? - and, worse the Minister can remove them at anytime without even giving reasons for said removal???
Now, even though the Bars may nominate, it is the Minister that appoints (and, as such, the Minister may refuse to appoint by the Bar Council, the Sabah Law Society, the Advocates Association of Sabah and Sarawak the person to be nominated to the Board, and ask for some other nominations of person that the Minister accepts - this allows the MINISTER to choose - why was it that persons nominated by the BARs are automatically appointed to the LPQB??? [Note that the LPA is concerned about the Malaysian Bar (in Peninsular Malaysia), the Sabah and Sarawak Bar comes into being by different respective State Laws)
'full-time member of the academic staff of a faculty of law of a private higher educational institution' nominated by the Minister responsible for higher education {not a body made up by full-time member of the academic staff of a Faculty of Law nominated by the Minister of Higher Education.
Then, there are 'three other members appointed by the Minister'
ALL in all, the EXECUTIVE has the power to APPOINT 8 members of the 13 member LPQB, and there is also Director General of the Legal Affairs Division of the Prime Minister’s Department... In short, the LPQB has just fallen under EXECUTIVE control - the Minister?
Previously, the LPQB was balanced, and not under EXECUTIVE control - because 2 of the 5 member LPQB are Judges appointed by the Judiciary, the Attorney General, the Malaysian Bar President, and only ONE chosen by the Executive - academic staff
of law faculties in private higher institution?), and then again it is
the Minister in charge of Law that appoints - HENCE, it was more independent.
There is NO problem with adding on the 2 Presidents of the Sabah Law Society and the Advocates Association of Sabah and Sarawak.
No problem with adding on a LAW academic from the Malaysian public and/or private universities...BUT the choice should not be with the Minister [At present, the amendments talk about Law Academic from private institutions - what about PUBLIC institutions like the Law Faculties of UM, UKM, UITM,....?
BUT, the troubling part is that they do not become members of LPQB as of right - but needs to also be APPOINTED by the Minister, who also has the power to remove those appointed any time, without even reference to those who nominated' without assigning any reason for the revocation
ALL in all, it LOOKS like another attempt for the EXECUTIVE control of the LPQB - and it is most SHOCKING that this time the Malaysian Bar failed to strongly PROTEST in the past of any attempt that will affect the Independence of the Legal Profession in Malaysia - this time only a Media Statement by the Vice President(not even the President)
NOW, there is a concern about the COMPOSITION of the Judicial Appointments Commission - where the Prime Minister picks 5 out of the 9 member JAC. Even the Conference of Rulers have called for removal of the Prime Minister's power/role in picking the members of the JAC?
The Conference of Rulers is proposing
that five of the nine members of the Judicial Appointments Committee
(JAC) no longer be appointed by the prime minister so that its
composition is more balanced and does not carry the interest of any
party.
The
Yang Dipertuan Besar of Negeri Sembilan, Tuanku Muhriz Tuanku Munawir,
who chaired the 260th Conference of Rulers meeting today, said in terms
of the judicial system, the Conference of Rulers is responsible for the
appointment of judges in Malaysia, and at present, this process is seen as having weaknesses that can be improved, JAC's membership included.
His
Highness said JAC plays a key role in proposing judicial nominations,
and therefore its membership was critical in ensuring that the committee
continued to be looked up to and is capable of nominating judges of
calibre and integrity.
"Instead,
it (power to appoint JAC members) should be given to several other
institutions such as the Malaysian Bar, the Sabah Law Society, Advocates
Association of Sarawak and Parliament's Select Committee.
"Currently,
JAC has nine members, four of whom are senior judges while five more
are individuals appointed by the Prime Minister," Tuanku Muhriz said
in his message in conjunction with the two-day 260th Conference of
Rulers meeting that began yesterday at Istana Negara.- Astro Awani, 30/11/2022
Thus, should also the EXECUTIVE appointed members in the LPQB also be an ISSUE OF CONCERN - as a majority executive appointed LPQB may affect the quality and the members of the Advocates and Solicitors in Malaysia in the future. A 'BAD' or an 'unqualified' lawyer is a great DANGER to the administration of justice in Malaysia - there must be standards to ensure only the qualified becomes lawyers.
In Malaysia, even though Malaysia now recognizes foreign law degrees - it is not enough. There is a requirement for these foreign law degree holders to sit and pass the Certificate of Legal Practice(where it was shown that only about 20% do pass it at every sitting). Those who failed will have to re-sit until they pass >>> this is an important mechanism to ensure only QUALIFIED lawyers are admitted to the Bar and allowed to practice as lawyers...
Of late, there has been great concern about Law Graduates from Malaysian Public Universities - thus, the question has been raised as to whether they too will need to sit for the CLP or some new Legal Profession Qualifying Exams - I think they should, as this is a matter of Public Interest - and we do not want to blindly admit local Public University graduates to become lawyers. They may be able to EXCEL in their academic LAW degrees - but that certainly do not mean that they will make desirable lawyers..
Now, was that the intention of this AMENDMENT - because the government does not want LOCAL law graduates to undergo any CLP or Legal Profession Qualification Exams - which may show the LAW academic qualification wanting > when the majority fails such CLP or Qualification exams? The Executive may be more interested in protecting 'the standards' of public universities - rather than ensuring that the truly qualified becomes lawyers. Excelling academically does not automatically make one a GOOD lawyer. EITHER way - it will lead to greater EXECUTIVE control, which is wrong...
The problem with majority executive appointed members in the Legal Profession Qualifying Board poses a RISK - as the EXECUTIVE is concerned more about appeasing VOTERS and winning elections rather than ensuring the Independence and professionalism of lawyers, judges and even the Public Prosecutor(prosecutors) - and that is why the LPQB should be INDEPENDENT and should only be comprised of persons in the Judiciary, the various Bars, and the public lawyers(public prosecutors/Federal Counsels) - the Minister and/or the Executive should not have any power or role in appointing members of the LPQB, or in JAC(that picks qualified Judges)...
In the past, the Malaysian Bar, led by the President and the Bar Council, would have REACTED very strongly if there are any attempts that will compromise the INDEPENDENCE, and/or even quality of the Legal Profession. There will be EGMs, and other actions - BUT this time, the response had been just a media statement - What is happening? Why has the BC also not analyzed the proposed amendments - and educated lawyers about the potential concerns/risk?
The said statement did raise some of the CONCERNS - but the question is why did the President and the Bar Council not go FURTHER and move its members towards greater awareness of his amendment (Legal Profession (Amendment) (No. 2) Bill 2025 was tabled on 17/11/2025, and speedily passed by Dewan Rakyat on 1/12/2025 - YET to be passed by Senate) and STRONGER protests NOW as it may affect the INDEPENDENCE of the Legal Profession???
Another concern is the NEW Section 7A
7a. (1) The Minister may at any time revoke the appointment of any member of the Board under paragraphs 7(1)(g), (h), (i), (j) and (k) without assigning any reason for the revocation
## Interestingly they left out the Malaysian Bar representative - in 7(1)(f) ...who is also appointed by the Minister???
The US-MALAYSIA Agreement is of great concern, as it will have many NEGATIVE impacts on Malaysia ...many have HIGHLIGHTED the problems. BUT PM Anwar still seems like he is going to put the Agreement into FORCE without getting PRIOR approval from Parliament, the States and even the Rulers Conference. It seems he believes, that as PM, he has the power to do as he wants...
Interestingly, this SOLE DISCRETION of the PM to enter into agreements with other countries, other entities is NOT CLEARLY stated in our Federal Constitution or any LAWS currently, thus making it something that maybe OUR COURTS should decide on....
Too many have raised the 'problems' with this rather ONE-SIDED Agreements that also will put pressure on Malaysia to do the needful to
US has sanctions now on so many countries like IRAN, North Korea, ... and many of these countries of the NON-ALLIGNED Movement(NAM) - so will Malaysia also 'implement' US Sanctions against these countries...
' The U.S. imposes sanctions on countries like Cuba, Iran, North Korea, Russia, Syria, and Venezuela,
with some facing comprehensive embargoes (Cuba, Iran, NK, Syria) and
others targeted measures (Russia, Belarus, Venezuela). Sanctions also
exist for ... China (military), Belarus, Burma, Afghanistan, and others,' So, will Malaysia also now adopt and maintain a
measure with equivalent restrictive effect as the measure adopted by
the United States???
A clause in the current US-Malaysia Agreement says this - Article 5.1
'. If the United States imposes a customs duty, quota,
prohibition, fee, charge, or other import restriction on a good or
service of a third country and considers that such measure is relevant
to protecting the economic or national security of the United States,
the United States intends to notify such measure to Malaysia for the
purpose of economic and national security alignment. Upon receiving such
notification from the United States, Malaysia shall adopt or maintain a
measure with equivalent restrictive effect as the measure adopted by
the United States or agree to a timeline for implementation that is
acceptable to both Parties, to address a shared economic or national
security concern, guided by principles of goodwill and a shared
commitment to enhancing bilateral relations between the United States
and Malaysia.'
But, what about Malaysia - if it imposes similar 'customs duty, quota,
prohibition, fee, charge, or other import restriction on a good or
service of a third country ' - Is US bound to follow? If Malaysia imposes such economic 'sanctions' on Israel, or countries that are pro-Israel that supply arms or monies to Israel that end up being used to kill Palestinians and destroy Palestine?
Then, there is that is another clause - the FREEDOM to enter into agreements ...
(b) Malaysia shall not enter into agreements or understandings
with third countries that include non-scientific, discriminatory, or
preferential technical standards or third-country SPS measures that are
incompatible with U.S. or international standards; or otherwise
disadvantage U.S. exports.
WHY TAKE IT TO COURT?
Malaysia is a Parliamentary Democracy - a Prime Minister is decided by the Members of Parliament. Parliament has the duty of 'CHECK and BALANCE' to prevent PM or Executive wrongdoings and abuses ...
HENCE, should not in be RIGHT to secure Parliamentary Approval before the PM can enter into any agreement on behalf of Malaysia, more so whose effect will last beyond the tenure of said Prime Minister?
Malaysia is a FEDERATION OF STATES/REGIONS - should not the approval of the said States/Regions be needed before any Federal Prime Minister enters into any agreement which naturally will affect all States and its citizens too..
Malaysia has a King and Conference of Rulers - the HEAD OF STATE is the KING, not the Prime Minister > and, as such, should not also the CONSENT of the King and the individual Rulers be obtained before any sitting PM enters into any agreement on behalf of Malaysia with any other countries and entitities?
These are, I believe, our Malaysian Courts should consider and decide - more so, since there is NO provisions in our Federal Constitution and/or LAWS that clearly state that the PM has full AUTHORITY to sign any such agreements, that will bind Malaysia even beyond the term of this Prime Minister.
THESE ARE IMPORTANT QUESTIONS THAT MAYBE THE MALAYSIAN COURTS SHOULD CONSIDER AND DECIDE ON...
So, should someone, maybe some politician or a political party or OTHERS take this matter to court, applying also maybe for an INTERIM INJUNCTION preventing the PM from putting this Agreement into FORCE on behalf of Malaysia???
Of late, our former Prime Minister also filed a POLICE REPORT - but no news still whether the police is even going to investigate?
Was the US-Malaysia Agreement even legal - Was it NOT a THREAT by Trump to increase TARIFFS the reason why Malaysia, in fear of the Threat and the consequences of the threat if carried out, 'FORCE" Malaysia into such an agreement?
There is still TIME - Will anyone take this Agreement to COURT?
The Government of the United States of America (“United States”) and
the Government of Malaysia (“Malaysia”) (hereinafter referred to
individually as “a Party” and collectively as “the Parties”),
EMPHASIZING their shared values, including their shared commitment to sovereignty, economic prosperity, and resilient supply chains;
RECOGNIZING the bonds of friendship and cooperation
between them, in particular in their trade and investment relations, as
reflected in the Trade and Investment Framework Agreement between the Government of the United States and the Government of Malaysia;
INTENDING to enhance reciprocity in their bilateral trade relationship by addressing tariff and non-tariff barriers; and
SEEKING to strengthen their commercial relationship through increased alignment on national and regional economic security matters,
HAVE AGREED as follows:
Section 1. Tariffs and Quotas
Article 1.1: Tariffs
1. Malaysia shall apply a rate of customs duty[1] on originating goods of the United States as set out in Schedule 1 to Annex I.
2. The United States shall apply a revised reciprocal tariff
rate on originating goods of Malaysia as set out in Schedule 2 of Annex
I.
Article 1.2: Quantitative Restrictions
Malaysia shall not impose quantitative restrictions on imports of
originating goods of the United States except in accordance with the General Agreement on Tariffs and Trade 1994 (GATT 1994).
Section 2. Non-Tariff Barriers and Related Matters
Article 2.1: Import Licensing
Malaysia shall not apply import licensing[2]
to U.S. originating goods in a manner that restricts the importation of
such goods. Malaysia shall ensure that any non-automatic import
licensing that it applies is applied only to administer an underlying
measure, and in a manner that is transparent, nondiscriminatory, and not
unduly burdensome, and that does not reduce the competitiveness of U.S.
exports.
Article 2.2: Technical Regulations, Standards, and Conformity Assessment
1. The Parties recognize their existing rights and
obligations with respect to each other under the World Trade
Organization (WTO) Agreement on Technical Barriers to Trade.
Malaysia shall allow U.S. originating goods that comply with applicable
U.S. or international standards, U.S. technical regulations, or U.S. or
international conformity assessment procedures to enter its territory
without additional conformity assessment requirements. In doing so─
(a) Malaysia shall accord to the conformity assessment bodies
of the United States treatment no less favorable than that it accords to
its own bodies; and
2. Malaysia shall ensure that technical regulations,
standards, and conformity assessment procedures are applied in a
non-discriminatory manner and do not operate as disguised restrictions
on bilateral trade, and shall remove existing technical barriers to
trade in areas that undermine reciprocity, including requirements for
duplicative or unnecessary testing or conformity assessment.
Article 2.3: Agriculture
Malaysia shall provide non-discriminatory or preferential market
access for U.S. agricultural goods as set forth in this Agreement. In
doing so─
(a) Malaysia shall ensure that its sanitary and phytosanitary
(SPS) measures are science- and risk-based and do not operate as
disguised restrictions on bilateral trade, and shall remove unjustified
SPS barriers in areas that undermine reciprocity.
(b) Malaysia shall not enter into agreements or understandings
with third countries that include non-scientific, discriminatory, or
preferential technical standards or third-country SPS measures that are
incompatible with U.S. or international standards; or otherwise
disadvantage U.S. exports.
Article 2.4: Geographical Indications
Malaysia shall ensure transparency and fairness with respect to the protection or recognition[3]
of geographical indications, including pursuant to an international
agreement to which Malaysia is a party. Malaysia shall only protect or
recognize a term that identifies a good as a geographical indication
where there is a given quality, reputation, or other characteristic of
the good that is essentially attributable to its geographical origin.
Article 2.5: Cheese and Meat Terms
Malaysia shall not restrict U.S. market access due to the mere use of the individual cheese and meat terms listed in Annex II.
Article 2.6: Intellectual Property
Malaysia shall provide a robust standard of protection for intellectual property.[4]
Malaysia shall provide effective systems for civil, criminal, and
border enforcement of intellectual property rights and shall ensure that
such systems combat and deter the infringement or misappropriation of
intellectual property, including in the online environment. Malaysia
shall prioritize and shall take effective criminal and border
enforcement actions against copyright and trademark infringements.
Article 2.7: Services
This Agreement incorporates, mutatis mutandis, any
commitment concerning trade in services that Malaysia has made or
hereafter makes in a trade agreement to any third country, jurisdiction,
or economy. This Article shall not apply to any commitment to the
Association of Southeast Asian Nations (ASEAN) under any ASEAN trade or
investment agreement.
Article 2.8: Good Regulatory Practices
Malaysia shall adopt and implement good regulatory practices as set
out in Article 2.21 of Annex III that ensure greater transparency,
predictability, and participation throughout the regulatory lifecycle.
2. Malaysia shall protect internationally recognized labor rights.[5]
This includes by adopting or maintaining such rights in its domestic
law and practice, and effectively enforcing its labor laws, including by
creating or maintaining necessary institutions to protect labor rights.
Malaysia shall establish and effectively apply appropriate legal
sanctions for violations of those laws. Malaysia shall not weaken or
reduce the protections in its labor laws and shall address any such
weakening or reduction that has been made to encourage trade or
investment to date.[6] In addition, Malaysia shall address issues related to labor rights that contribute to non-reciprocal trade.
Article 2.10: Environment
Malaysia shall adopt and maintain environmental protections,
effectively enforce its environmental laws, uphold or institute, as
necessary, strong environmental governance structures, and address
environment-related issues that contribute to non-reciprocal trade.
Article 2.11: Customs and Trade Facilitation
Malaysia shall facilitate technology solutions that allow for full
pre-arrival processing, paperless trade, and digitalized procedures for
the cross-border movement of goods.
Article 2.12: Border Measures and Taxes
1. Malaysia shall coordinate and endeavor to align its border
measures applicable to third-country imports with relevant border
measures that the United States may adopt in the future, such as
border-adjusted tax measures or other border measures, to combat
regulatory arbitrage that would disadvantage U.S. workers and
businesses.
2. No Party shall contest at the WTO a measure adopted by the
other Party to rebate or to refrain from imposing direct taxes in
relation to exports from that Party.
(a) refraining from measures that discriminate against U.S. digital services or U.S. products distributed digitally;[7]
(b) ensuring the cross-border transfer of data by electronic
means across trusted borders, with appropriate protections, for the
conduct of business; and
(c) endeavoring to collaborate with the United States to
address cybersecurity challenges and matters of mutual interest, which
may include exchanging information on threats and best practices,
promoting the use of relevant international standards, and understanding
capacity-building activities.
Article 3.3: Digital Trade Agreements
Malaysia shall consult with the United States before entering into a
new digital trade agreement with another country that jeopardizes
essential U.S. interests.
Article 3.4: Market Entry Conditions
1. Malaysia shall not impose any condition or enforce any
undertaking requiring U.S. persons to transfer or provide access to a
particular technology, production process, source code, or other
proprietary knowledge, or to purchase, utilize, or accord a preference
to a particular technology, as a condition for doing business in its
territory.
2. Nothing in this Article shall─
(a) preclude the inclusion or implementation of terms and
conditions related to the provision of source code in commercially
negotiated contracts;
(b) preclude a Party from requiring that access be provided to
software used for critical infrastructure, to the extent required to
ensure the effective functioning of critical infrastructure, subject to
safeguards against unauthorized disclosure;
(c) preclude a Party from requiring the modification of source
code of software necessary for that software to comply with laws or
regulations which are not inconsistent with this Agreement;
(d) apply to government procurement;
(e) preclude a regulatory body or judicial authority of a
Party from requiring a person of another Party to preserve and make
available the source code of software, or an algorithm expressed in that
source code, to the regulatory body for a specific investigation,
inspection, examination, enforcement action, or judicial proceeding,
subject to safeguards against unauthorized disclosure; or
(f) apply to a Party’s measures adopted or maintained for prudential reasons.[8]
Article 3.5: Customs Duties on Electronic Transmissions
Each Partyshall not impose customs duties on electronic
transmissions, including content transmitted electronically, and shall
support multilateral adoption of a permanent moratorium on customs
duties on electronic transmissions at the WTO. For greater certainty,
this Article does not preclude a Party from imposing internal taxes,
fees, or other charges on electronic transmissions, including content
transmitted electronically, provided that those taxes, fees, or charges
are imposed in a manner consistent with Articles I and III of the GATT
1994 or Articles II and XVII of the WTO General Agreement on Trade in Services (GATS).
Section 4. Rules of Origin
Article 4.1: General Provision
The Parties intend for the benefits of this Agreement to accrue
substantially to them and their nationals. If benefits of this Agreement
are accruing substantially to third countries or third-country
nationals, a Party may establish rules of origin necessary to achieve
the Parties’ intention for this Agreement.
Section 5. Economic and National Security
Article 5.1: Complementary Actions
1. If the United States imposes a customs duty, quota,
prohibition, fee, charge, or other import restriction on a good or
service of a third country and considers that such measure is relevant
to protecting the economic or national security of the United States,
the United States intends to notify such measure to Malaysia for the
purpose of economic and national security alignment. Upon receiving such
notification from the United States, Malaysia shall adopt or maintain a
measure with equivalent restrictive effect as the measure adopted by
the United States or agree to a timeline for implementation that is
acceptable to both Parties, to address a shared economic or national
security concern, guided by principles of goodwill and a shared
commitment to enhancing bilateral relations between the United States
and Malaysia.
2. Malaysia shalladopt and implement measures, in accordance
with its domestic laws and regulations, to address unfair practices of
companies owned or controlled by third countries operating in Malaysia’s
jurisdiction that result in─
(a) the export of below-market price goods to the United States;
(b) increased exports of such goods to the United States;
(c) a reduction in U.S. exports to Malaysia; or
(d) a reduction in U.S. exports to third-country markets.
3. Malaysia shall adopt, through its domestic regulatory
process, similar measures of equivalent restrictive effect as those
adopted by the United States to encourage shipbuilding and shipping by
market economy countries. The Parties shall discuss the structure and
effect of such measures, recognizing the Parties’ commitment to address
shared economic or national security concerns in the shipbuilding and
shipping sector.
Article 5.2: Export Controls, Sanctions, Investment Security, and Related Matters
1. Malaysia shall, through its domestic regulatory process,
cooperate with the United States to regulate the trade in national
security-sensitive technologies and goods through existing multilateral
export control regimes, align with all unilateral export controls in
force by the United States, and ensure that its companies do not
backfill or undermine these controls.
2. Malaysia shall cooperate with the United States, in a
manner consistent with applicable requirements of domestic laws and
regulations, with a view to restricting transactions of its nationals
with individuals and entities included in the U.S. Department of
Commerce Bureau of Industry and Security Entity List (Supplement 4 of
Part 744 of the Export Administration Regulations), as well as the U.S.
Department of the Treasury Office of Foreign Assets Control Lists of
Specially Designated Nationals and Blocked Persons List (SDN List) and
the Non-SDN Consolidated Sanctions List.
3. Malaysia shall explore the establishment of a mechanism to
review inbound investment for national security risks, including in
connection with critical minerals and critical infrastructure,
consistent with widely accepted international best practices, and shall
cooperate with the United States on matters related to investment
security.
4. If the United States determines that Malaysia is
cooperating to address shared national and economic security issues, the
United States may take such cooperation into account in administering
its domestic laws and regulations pertaining to export controls,
investment reviews, and other measures.
Article 5.3: Other Measures
1. The United States shall work with Malaysia to streamline and enhance defense trade.
2. Malaysia shall, in accordance with its domestic laws and
regulations,adopt and effectively enforce measures to combat
transshipment and other practices to evade or circumvent duties applied
by the United States. Malaysia shall enter into a duty evasion
cooperation agreement with the United States.
4. Malaysia shall not purchase any nuclear reactors, fuel
rods, or enriched uranium from certain countries, except where there are
no alternative suppliers on comparable terms and conditions.
Section 6. Commercial Considerations and Opportunities
2. The United States shall work through U.S. institutions
such as the Export-Import Bank of the United States (EXIM Bank) and the
U.S. International Development Finance Corporation (DFC), if eligible,
to consider supporting investment financing in critical sectors in
Malaysia in collaboration with U.S. private sector partners, consistent
with applicable law.
3. Malaysia shall facilitate, to the extent practicable,
approximately USD70 billion in job-creating investment, including
greenfield investment, in the United States over the next 10 years.
Article 6.2: Commercial Considerations
1. Malaysia shall ensure that its State-Owned or -Controlled
Enterprises (SOEs) operating in its market, when engaging in commercial
activities─
(a) act in accordance with commercial considerations in their purchase or sale of goods or services; and
(b) refrain from discriminating against U.S. goods or services.
Malaysia shall refrain from providing non-commercial assistance or
otherwise subsidizing its goods-producing SOEs, except for the
achievement of their public service obligations. Malaysia shall ensure a
level playing field for U.S. companies in Malaysia’s market with
respect to SOEs of third countries.
2. Upon the written request of the United States, Malaysia shall provide non-confidential[9]
information regarding all forms of non-commercial assistance or
subsidies that it provides to a manufacturing enterprise in its
territory, and shall take action to address the distortive impacts of
those subsidies and support mechanisms that may materially affect
bilateral trade and investment with the United States.
Article 6.3: Purchases
Malaysia intends to purchase, or to facilitate the purchase by
Malaysian companies, of originating goods of United States, as set out
in Annex IV.
Section 7. Implementation, Enforcement, and Final Provisions
Article 7.1: Recognition of Existing Rights and Obligations
The Parties recognize their rights and obligations under the WTO
agreements, including provisions of those agreements that reflect a WTO
member’s sovereign rights to protect essential security, address unfair
trade practices, and pursue other public policy objectives.
Article 7.2: Entry into Force
This Agreement shall enter into force 60 days after the date on which
the Parties have exchanged written notifications certifying completion
of their applicable legal procedures or on such other date as the
Parties may agree.
Article 7.3: Modifications and Amendments
Either Party may request reasonable modifications to any provision of
this Agreement. The other Party shall consider such modifications in
good faith. The Parties may agree, in writing, to amend this Agreement.
An amendment to this Agreement shall enter into force 60 days after the
date on which the Parties exchange written notification of the
completion of their respective applicable legal procedures or on such
other date as the Parties may agree. An amendment shall not affect the
rights and obligations of the Parties provided for under this Agreement
until the amendment enters into force.
Article 7.4: Enforcement
1. Nothing in this Agreement shall constrain, or otherwise
prevent, a Party from imposing additional tariffs to remedy unfair trade
practices, to address import surges, to protect its economic or
national security, or for other similar reasons consistent with its domestic law.
2. If a Party considers that the other Party has not complied
with a provision of this Agreement, the Party may review the terms of
this Agreement and take action in accordance with applicable domestic
law. A Party shall, when practicable, with a view to finding a mutually
satisfactory solution, notify and seek consultations in good faith with
the other Party prior to taking any action.
Article 7.5: Termination
Either Party may terminate this Agreement by written notification to
the other Party. Termination shall take effect 180 days after the date
of the notification.
Article 7.6: Annexes, Appendices, and Footnotes
The annexes, appendices, and footnotes to this Agreement constitute an integral part of this Agreement.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.
DONE in duplicate at Kuala Lumpur, this 26th day of October, 2025.
FOR THE GOVERNMENT OF FOR THE
GOVERNMENT OF THE UNITED STATES OF AMERICA MALAYSIA
[1] Customs duty includes any duty or charge of any
kind imposed on or in connection with the importation of a good, and any
surtax or surcharge imposed in connection with such importation, but
does not include any─
(a) charge equivalent to an internal tax imposed consistently with Article III:2 of GATT 1994;
(b) fee or other charge in connection with the importation commensurate with the cost of services rendered; or
(c) antidumping or countervailing duty applied pursuant to a Party’s law.
[2]
For greater certainty, “import licensing”, “automatic import
licensing”, and “non-automatic import licensing” have the same meanings
as provided in the WTO Agreement on Import Licensing Procedures.
[3] For greater certainty, Malaysia shall not protect or recognize a predetermined list of geographical indications.
[4] For purposes of this Agreement, “intellectual property” refers to
all categories of intellectual property that are the subject of
Sections 1 through 7 of Part II of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights.
Further, for purposes of this Agreement, the protection of intellectual
property includes matters related to technological protection measures
and rights management information.
[5] For purposes of this paragraph, internationally recognized labor
rights include those in the International Labor Organization (ILO) Declaration on Fundamental Principles and Rights at Work and its Follow-Up (1998),
as amended in 2022; a prohibition on the worst forms of child labor;
and acceptable conditions of work with respect to minimum wages and
hours of work.
[6] For greater certainty, the scope of this paragraph includes
special economic zones, including export processing zones, or
sector-specific laws or regulations that have lesser labor protections
than the overall economy.
[7] For greater certainty, Malaysia has the right to regulate in the
public interest. [1] The Parties understand that the term “prudential
reasons” includes the maintenance of the safety, soundness, and
integrity or financial responsibility of individual financial service
suppliers as well as the safety and financial and operational integrity
of payment and clearing systems.
[8]
For purposes of this paragraph, “non-confidential information” means
information other than confidential information, and “confidential
information” means information that relates to a specific enterprise and
is protected under the laws and regulations of Malaysia.
[9] For purposes of this paragraph, “non-confidential information”
means information other than confidential information, and “confidential
information” means information that relates to a specific enterprise
and is protected under the laws and regulations of Malaysia.
'I, Mahathir bin Mohamad, wish to report sabotage': Historic police report filed against Anwar over Trump deal
The
former leader also urges that everyone involved in the preparation,
negotiation and finalisation of the Oct 26 trade agreement be
questioned.
Dr Mahathir Mohamad at the Putrajaya police headquarters accompanied by his lawyer Rafique Rashid.
Dr
Mahathir Mohamad today called on authorities to investigate Anwar
Ibrahim for economic sabotage and undermining the country's sovereignty
over an agreement signed with the US, in a historic police report lodged
by one of Malaysia's best-known post-independence figures against a
sitting prime minister.
In his report lodged at the Putrajaya police headquarters this
morning, accompanied by lawyer Rafique Rashid, the centenarian said the
Malaysia-US Agreement on Reciprocal Trade (ART) signed by Anwar with
President Donald Trump in October could harm Malaysia's position and
undermine its economic and political sovereignty.
"I believe that the action was taken without fully considering the
national interest and, in my opinion, can be considered an act by
someone who disregards the sovereignty of Malaysia as a sovereign
country, and has the potential to drag the country into a situation
where it is mortgaged to the influence of foreign powers," Mahathir said
in his police report seen by MalaysiaNow.
- Advertisement -
He cited breaches under various sections of the Penal Code, namely
sections 124B, 124C and 124K, dealing with acts of sabotage and
activities detrimental to parliamentary democracy.
Mahathir also listed at least four major clauses in the agreement
which he said effectively surrender Malaysia's sovereignty and trade
independence to a foreign power.
They include clauses obliging Malaysia to follow any unilateral
sanctions by the US against other countries, and to reveal Malaysia's
cross-border data, which has "potential to interfere with the country's
regulatory policy".
He also listed 14 negative implications for Malaysia, including those
related to regulation of the halal industry, Bumiputera economic
empowerment, national strategies for the high-tech sector, and export of
critical minerals such as rare earth elements.
"All of these matters raise serious concerns, as in my opinion, they
eliminate Malaysia's power to determine foreign policy, economic policy
and the use of national strategic resources independently and
sovereignly," said Mahathir.
'Probe MITI, AG and everyone involved'
He said any investigation should also probe elements of power abuse
and negligence in discharging official duties, including breach of trust
regarding decisions involving rare earths and critical minerals.
- Advertisement -
He said that besides Anwar, police should also question officials of
the Ministry of Investment, Trade and Industry (Miti), the
attorney-general, and all parties involved in the preparation and
negotiation of the agreement.
"It is now clear that the statement by the government on the
agreement with the US hid many serious undertakings by Malaysia to
submit to the US," said Mahathir, the man widely credited with
Malaysia's rapid economic growth throughout the eighties and nineties.
The agreement, which has been hailed by Anwar and government leaders,
has sparked public outrage and criticism from experts and politicians
over clauses seen as overwhelmingly favouring Washington's interests.
Among them is former attorney-general Tommy Thomas, who said
the various commitments imposed on Malaysia showed that those involved
in the negotiations – from the Prime Minister’s Office to the
Attorney-General’s Chambers – "did not negotiate at all".
"The US handed them their draft. And it was signed lamely by Anwar,
who had Trump’s pen to show for it, and a ride in Trump’s car," he said,
referring to Trump's gift of a White House pen to Anwar shortly after
the latter signed the agreement in Kuala Lumpur on the sidelines of the
Asean Summit on Oct 26.
Details of the deal only emerged to the Malaysian public after the
White House published them on its official website hours later.
At the heart of the outrage is a provision that obliges Malaysia to become a direct participant in US economic conflicts.
It states that if Washington imposes sanctions or tariffs on any
third country for national security reasons, Malaysia "shall adopt or
maintain a measure with equivalent restrictive effect", effectively
ending Malaysia’s long-held foreign policy of non-alignment and
mirroring US sanctions against other nations.
Anwar's defence of the agreement has renewed accusations of the
Pakatan Harapan chairman's leaning towards US and Western policies, a
claim cited by Mahathir as far back as 1998 when he sacked Anwar from
the government during the height of the Asian financial crisis. - Malaysia Now, 2/12/2025
Malaysia has always used 'cheap labour' to attract foreign investors or foreign companies to open factories in Malaysia...Malaysians did not make a big deal about that because the Malaysian government did things that ensured our COST of LIVING was kept low - affordable HEALTHCARE, EDUCATION and social welfare protection....for us to still live a good life with the low incomes and wages. Even there was PRICE CONTROL that ensured we could buy needed food, cooking oil, cooking gas and even other materials. There was affordable PUBLIC TRANSPORT ...fuel subsidies, low parking fees... BUT NOW things are changing fast - subsidies are being removed, public transport dissappeared in most places, BUT wages are still LOW > minimum wages RM1,700(despite the fact that even Bank Negara said that minimally we need double that Minimum wage for a simple lifestyle).
The entry of migrant workers DECREASED wages to the extend that many local workers with the needed skills are not foolish to do the work with such a LOW PAY. Is Malaysian adopting neo-liberalism(or Capitalism) - which means 'if you want it, PAY for it' - and, if no MONEY, too bad for you...? NOW, Malaysia seems to be pro-business and interested in making monies > no more it seems the primary concern is welfare and well-being of ALL Malaysians, even the poorest? MLAYSIANS need to speak up now...as we all know that US that practices capitalism is a FAILED STATE with so many poor being left out. US also was most concerned about HEALTHCARE - and Obama tried to make it affordable and accessible to ALL - not just those who had monies...though it FAILED.
Most Malaysians are also MOST concern about HEALTHCARE (Public Healthcare that is Free and/or Affordable), EDUCATION (the right to FREE education until University), and SOCIAL WELFARE protection by government (more so now with the growing number of Senior Citizens - where there is a question of Income for Survival, Healthcare Needs and even OLD-AGE care - which requires many a time for the elderly to be placed in old-care homes - which is very expensive if we depend on private sector establishments...). Related to this is Affordable PUBLIC TRANSPORT to go to Hospital, etc...paying maybe RM1-2 > GRAB is not affordable public transport Minister Anthony Loke??? Anwar Ibrahim's government failed to restore LOCAL affordable PUBLIC Transport in almost all the Districts in Malaysia to date. Towns have grown - but how do people move around without some PUBLIC BUS SERVICES - yes, they have it in Klang Valley, Negeri Sembilan and Penang - what about the rest of Malaysia...
We are LOSING Doctors and Healthcare Personnel - so not enough for the Public Healthcare?
WHY? Many are being 'PINCHED' by the Private Sector - who attract government public heathcare personnel with better wages and conditions >>> WORSE, the government is AGAIN at fault as it is still approving NEW PRIVATE Hospitals and Healthcare facilities - and where do these private facilities get their doctors and nurses, etc - YES - they take the staff from PUBLIC HEALTHCARE facilities...SO, that is why some are calling for the Government to stop APPROVING new PRIVATE Hospitals...
PM Anwar and many of them politicians/MPs are RICH ENOUGH to use private healthcare facilities - they have the MONEY but most Malaysians depend on government hospitals, clinics and healthcare facilities >> they cannot afford the LUXURY to pay for PRIVATE HOSPITALS, etc
Should we CRIMINALIZE private hospitals from taking healthcare personnel like Doctors, Nurses, other personnel from PUBLIC hospitals. clinics, etc?
When there is a PRIVATE hospital - the government also tend to not build a Government Hospital in the area? Are there government hospitals in Petaling Jaya, Subang Jaya or even Shah Alam?
What are the other things that the government should do, besides increasing the number of trained medical personnel? INCREASE wages, eliminate perception of race-based discrimination when it comes to promotion, provide FREE housing for all medical personnel, ensure they are not denied Government PENSIONS (now the Government is employing many as 'contract' personnel and placing them under the EPF/KWSP scheme - no more PENSIONs - but still have not removed PENSION rights for MPs/Senators/Ministers??? which must happen?)
In Thailand - all you need to pay is 30 Baht(less than RM3) - and that covers consultation, medicine, ward charges, surgery, etc...
Thailand has also expanded their HEALTHCARE - so you can go to private hospitals/clinics and still pay the same RATE, 30 Baht - for healthcare - and so, the non-availability of a government hospital nearby is solved...
Many years ago in Subang Jaya, a child was injured and the parent had no choice but to rush to a nearby PRIVATE hospital, as there was no nearby government hospital and ended paying about RM2,000 for treatment - Malaysia has a minimum wage of RM1,700 and thus it is really UNAFFORDABLE for Malaysians to use PRIVATE healthcare facilities...???
In Thailand, another scheme is to allow government medical personnel to take a 2nd JOB at private healthcare facilities during their free time...That also help increase INCOME legally for medical personnel..whilst they continue to be PUBLIC HEALTHCARE personnel...
Now, in Temerloh, where previously in the middle of the night, when one needed immediate medical care/treatment, one could go to the Mentakab government Health Centre - as there was a 24-hour unit there with needed doctors, nurses, pharmacist, etc with the needed equipment to deal with EMERGENCY medical patients - now it is closed down...WHY? And everyone will have to rush to the SPECIALIST hospital 15 - 50 plus KM away for all kinds of medical emergencies...(but a SPECIALIST Hospital is not a General Hospital and it covers a much wider area in Pahang receiving patients needing Specialist attention from various government Hospitals in the State....)
HEALTHCARE is a MOST IMPORTANT concern for VOTERS, where the majority simply cannot afford to PAY SO MUCH unlike our PM, Ministers and MPs(basic allowance RM16K, plus allowance comes to RM40-50K a month???)
Malaysia seems to focusing on MEDICAL TOURISM - but Malaysia cannot even provide PROMPT and good healthcare to Malaysians - how many are in QUEUE for so long before the Malaysian Heart Institute is able to provide heart healthcare services at an affordable rate.
Even during COVID-19, how many PRIVATE government linked hospitals OPENED their DOORS to provide healthcare at government rates?
READ why the call to stop building PRIVATE Hospitals > how many NEW Hospitals is this government building? What is the government doing to deal with already overcrowding hospitals/clinics?
'Medical brain drain': PSM seeks 5-year halt on private hospitals
Published: Dec 11, 2025 12:52 PM
⋅
Updated: 11:53 A
Parti
Sosialis Malaysia (PSM) has urged the government to impose a five-year
moratorium on the construction and commissioning of new private
hospitals.
It warned that unchecked private sector expansion is
siphoning off healthcare workers from an already overstretched public
system.
In a statement today, PSM’s Save Our Public Healthcare
Campaign member Dr Cecilia Anthonysamy said the rapid growth of private
healthcare, including that driven by medical tourism, is “poaching”
doctors, nurses, and specialists from government facilities facing
critical shortages.
“Poaching refers to the aggressive recruitment
of healthcare professionals from systems already struggling with
shortages,” she said, noting that the trend echoes a long-standing
global pattern where richer countries pull talent away from poorer ones.
“Not
unlike the global health workforce crisis, our ‘poorer’ public
healthcare system is losing its healthcare workforce to the wealthy
private healthcare sector,” she added.
Kuala Lumpur Hospital, a major public hospital in the capital
Cecilia said PSM is rallying public support to sign a petition and join a rally tomorrow (Dec 12), outlining demands including:
A moratorium on new private hospitals
Measures to stem the brain drain from public hospitals
Policies to strengthen the public healthcare workforce
A firm commitment to universal access to quality care
“We need (a larger) healthcare workforce for our public healthcare system.
“Stop the brain drain. Stop the poaching,” she stressed.
The rally will be held at 11am at the Malaysia Healthcare Travel Council in Kuala Lumpur.
Far below international standards
Citing
figures revealed by Health Minister Dzulkefly Ahmad, she noted that
6,919 public healthcare workers resigned and moved to the private sector
between 2020 and 2024, including 2,141 nurses.
Dzulkefly had also warned that Malaysia could face a nursing shortage of nearly 60 percent by 2030.
Health Minister Dzulkefly Ahmad
Cecilia
also highlighted data from the Malaysian Medical Association (MMA),
which found that only five percent of public healthcare facilities
reported adequate staffing in 2024, with acute shortages of specialists.
“The
Academy of Medicine of Malaysia estimates that the country has only
four specialists per 10,000 population, far below the OECD average of
14.3.
“Only 15.7 percent of doctors in the public sector are
specialists, according to MMA data, compared to 41–60 percent in
developed countries such as Singapore, Canada, and Australia,” she said.
She
added that the Health Ministry’s Medical Development Division
previously estimated that Malaysia needs between 18,912 and 23,979
specialists by 2030 to ensure at least 30 percent of all public-sector
doctors are specialists - still below benchmarks in higher-income
countries.
Fewer public hospitals but higher workload
Cecilia
also cited research highlighting the imbalance between the public and
private healthcare workforce, with private hospital bed capacity
projected to sharply increase in the coming years.
According to
CIMB Research, she said total private hospital bed capacity stood at
18,779 beds in 2023 and is expected to rise to between 23,000-24,000
beds by 2028, driven by expansions and new facilities aided by tax
exemptions.
Generic hospital photo
“Malaysia now has more private hospitals (207) than public hospitals (160).
“Where
will the additional healthcare workforce for these expanding private
hospitals come from, especially medical officers and specialists?” she
asked.
Despite this, she said, public hospitals continue to
shoulder most of the national caseload - handling between 64-94 percent
of major healthcare services - while still struggling with insufficient
beds.
Cecilia warned that long waiting times, overcrowding, and
worsening working conditions pose a threat to Malaysia’s commitment to
universal health coverage (UHC).
“Policymakers cannot continue to
ignore the contradiction between claiming to uphold UHC and
simultaneously promoting medical tourism,” she said.
She further
cited the World Health Organization’s assertion that the highest
attainable standard of healthcare is a fundamental human right.
“To
uphold this right, policymakers must take immediate action to impose a
moratorium on private hospitals for the next five years,” she stressed. - Malaysiakini, 11/12/2025
Recently, there was a police raid on what the police allegedly said was 'a health club believed to have been used for unnatural sexual activities'. Pictures of men in towels were circulated ...
Was not the premises a LEGAL business operation - which had the needed permits by the Local Government/Council, and all other needed permits/licenses by relevant authorities - unfortunately no mention of the name of said establishment, or these relevant facts. If they were carrying out any 'illegal activities' - then naturally the premises and the business would be de-registered > to date no mention of this.
If the police/authorities raid a LEGAL massage parlour - and ask customers getting a massage to step out, not giving them time to bathe or change into their clothes - they too will end up just with towels.
No body used a SAUNA fully clothed..Nobody uses a Jacuzzi fully clothed...Nobody uses a hot bath, or even a swimming pool fully clothed - and if the authorities did not allow them to change into their normal clothes - and made them come out in their towels... it will end up with a group of towel clad men..and sometimes even women.DOES this mean that they are involved in 'illegal' or unnatural sexual activities?
At the end of the day - there was NO EVIDENCE of any illegal or unnatural sexual activities. Even if there was, it would definitely not involve ALL the patrons in a LEGAL Business establishment..
After the raid, all the patrons were arrested indiscriminately and the police then went to apply for REMAND so they could detain them for more than 24 hours - and guess what, we had a GOOD Majistrate, who did not blindly give the remand order simply based on the police/authorities allegations...
WHY did this happen? Our PM Anwar Ibrahim was previously tried and convicted for SODOMY - and the convictions was affirmed by both appellate courts - including the Federal Court, and he was sentenced to imprisonment -Months before he completed serving his sentence, after PH won the GE, he was released from incarceration by reason of a ROYAL PARDON.
However, Anwar has always insisted on his INNOCENCE - and, after he became Prime Minister, there has been these crackdowns - was it to prove that Anwar Ibrahim was straight - and not a gay, bisexual or one with other sexual preferences?
* A concert was stopped because 2 of the male performers kissed one another on stage - but NO charges was levied against them - WHY? Was it because they were popular foreign artists?
* There was a crackdown where 172 rainbow-coloured SWATCH watches were illegally seized, because that 'rainbow colour' was identified with other kinds of sexual preferences >
* Then, there was a crackdown on GISBH - were allegations of human trafficking, exploiting children....- children were asked to sodomise other, etc ... BUT since the crackdown that happened more than a year ago, there has still been NO court convictions proving the truth of these allegations. Even, if there 1 or 2 cases of Sodomy, the only crime of any leader, officer or GISBH is not reporting the crime >> and even then, whether SODOMY occurred and whether the perpetrator ought to be charged is up to the police after investigation and the Public Prosecutor.. to date, I believe there is still NO charges..
* The health club crackdown follows a 'similar mindset' - a crackdown on unnatural sexual activities?
One wonders is it all about the IMAGE of the PM Anwar Ibrahim - a demonstration that he is against all forms of 'unnatural' sexual activities, and other sexual preferences other than the traditional man-woman sexual activity?
Then, the IMPORTANT question, as to whether Malaysia should CRIMINALIZE sexual activities different from man-woman sexual activities? Should Malaysia decide what is permitted sexual activity between man and woman? I THINK NOT - the law should NEVER criminalize sexual preferences and/or sexual activity between consenting adults..unless it is done in PUBLIC?
Even SODOMY should be de-CRIMINALIZED - save for Sodomy without CONSENT, which is equivalent to RAPE.
It is OK if the various religions have their own religious rules that criminalize certain sexual behaviour - but NOT the STATE.
DANGER...danger - a perusal of the current SODOMY offences makes criminals of even husbands if they do certain crimes.. The definition of 'carnal intercourse against the order of nature' NEED to be amended - if not how many husbands within a lawful marriage may also be guilty of the CRIME?
377A Carnal intercourse against the order of nature
Any person
who has sexual connection with another person by the introduction of the
penis into the anus or mouthof the other person is said to commit
carnal intercourse against the order of nature.
Explanation Penetration is sufficient to constitute the sexual connection necessary to the offence described in this section.
Back to the RAID on the Health CLUB - there are other issues - like PRIVACY, and also the 'defamation' of the patrons? Presumption of INNOCENCE?
If the premises are LEGAL - then it is wrong also to target Public Officers caught in the RAID - Is there a LAW preventing Public Officers going for masssage, sauna, hot baths, jacuzzi or even health centres? NO - there is NOT at the moment.
Is there any ISLAMIC law prohibiting Muslims from going for a massage, sauna, jacuzzi, public baths, etc...?
WHO made the police report - should he/she also be investigated? Was there some other ULTERIOR motive on the part of the maker of the report?
If someone makes a police report of immoral and illegal sexual activities happening at the PM's residence/premises or some Minister's or some political party premises, would the police have acted in a similar manner?
Consider, some OTHER possible reasons for such a RAID on massage centres and health clubs?
# CORRUPTION - would some premises to prevent such raids, that can seriously impact their businesses now be willing to "BRIBE" the police or others to prevent such publicized raids? How many of such establishments will be open to giving police MONIES so that their premises not be subjected to similar or 'publicized raids' - or even PRIOR notification so that they can get their patrons out b4 such raids?
# ELIMINATION OF BUSINESS COMPETITION - did some competing business try to get rid of a competitor? After all customers tend to avoid premises that have been raided by the authorities, and patrons end up being arrested or taken in for questioning? WORSE if it is reported in media, as people tend to blindly believe on reported allegations...and so the victims, although later proven innocent or the report/allegations baseless do suffer the prejudice caused...
This is NOT the first time - for we often read of arrest of WOMEN, usually foreigners, on premises allegedly providing illegal sexual services - here too, we then do not see any trial or convictions for the said charges... so, everyone would have got the impression that they are prostitutes or sex-workers breaking Malaysian laws > when they may be just INNOCENT persons. Many of the foreigners may later find themselves being sent back after their social visit passes expire... and once, they are out of Malaysia, they cannot even easily take action against the law enforcement officers... Are these women victims of human trafficking - was this even considered?
As SUHAKAM pointed out - law enforcement cannot simply raid/arrest/detain based on just some police report -
SUHAKAM notes reports that the raid was conducted and arrests hastily
effected without the presence or identification of victims. Enforcement
actions, especially involving personal conduct and arrest, must be
based on verified information and credible evidence. In the instant
case, the absence of identifiable victims and evidence, as clarified by
the Kuala Lumpur Police Chief Officer (CPO), raises concerns about the
basis of the mass arrests and any ensuing disciplinary measures.
READ a recent SUHAKAM media statement on this raid...
Media Statement No. 56-2025_SUHAKAM Calls for Transparent and Fair Process Following Raid at Wellness Centre
KUALA LUMPUR (10 DECEMBER 2025) – The Human Rights
Commission of Malaysia (SUHAKAM) views with grave concern the recent
enforcement raid at a wellness centre involving several individuals,
including public officers. SUHAKAM acknowledges the role of enforcement
agencies in upholding the law and the responsibility of the Public
Service Department (PSD) to address allegations of misconduct within the
civil service. However, these actions must be carried out in a manner
that is consistent with constitutional and legal safeguards, due
process, and respect for human dignity.
SUHAKAM notes reports that the raid was conducted and arrests hastily
effected without the presence or identification of victims. Enforcement
actions, especially involving personal conduct and arrest, must be
based on verified information and credible evidence. In the instant
case, the absence of identifiable victims and evidence, as clarified by
the Kuala Lumpur Police Chief Officer (CPO), raises concerns about the
basis of the mass arrests and any ensuing disciplinary measures. SUHAKAM
is also concerned by the fact that the individuals arrested were not
promptly released despite the magistrate’s refusal to grant the police’s
remand application. Any delay in release, let alone a prolonged delay,
as is the case here, after the court’s refusal of the remand application
raises serious questions about compliance with judicial directions and
respect for personal liberty and may undermine due process and
constitutional protections.
Credit must be given to the Kuala Lumpur CPO, for being candid in
clarifying that ‘All those arrested were investigated under Sections
377/372 of the Penal Code, but there was no evidence to help police
pursue the case in that direction.’ (Sunday Malay Mail Nov. 30.)
However, this clarification begs the question: If there was no evidence,
then, why the mass arrests in the first place? Aren’t the hasty mass
arrests constituted violations of Article 5 of the Federal Constitution
that no person shall be deprived of his life or liberty saved in
accordance with the law?
Where public officers are concerned, SUHAKAM stresses the need to
strictly follow the Public Officers (Conduct and Discipline) Regulations
1993, which outline fair, transparent and impartial procedures for
investigations, show-cause processes and disciplinary inquiries.
Officers must be clearly informed of the allegations and given a
meaningful opportunity to respond before any action is taken. These
requirements are reinforced by Article 135(2) of the Federal
Constitution, which prohibits dismissing or demoting an officer without a
reasonable opportunity to be heard. These safeguards ensure
disciplinary decisions are made fairly, based on facts and law, and not
on premature assumptions or prejudices.
SUHAKAM also expresses concern regarding reports of the exposure of
personal identities of individuals involved. The right to privacy and
dignity must be protected throughout any investigation. Public
disclosure prior to the establishment of facts may cause undue harm and
is inconsistent with human dignity and human rights standards, including
the principles reflected in the Universal Declaration of Human Rights.
In light of these concerns, SUHAKAM calls on the relevant authorities to ensure that:
i. All investigations are conducted transparently, objectively, and based on verified evidence;
ii. The rights of individuals involved, including public
officers, are fully upheld in accordance with the 1993 Regulations and
constitutional guarantees;
iii. Personal identities are protected until due process has been completed and findings are established; and
iv. Any disciplinary processes are not initiated or concluded prematurely before all facts are properly assessed.
SUHAKAM reiterates that safeguarding due process is essential not
only to protect individual rights but also to maintain public confidence
in enforcement and disciplinary institutions. Fair and transparent
investigations and adherence to due process strengthen the rule of law
and uphold the integrity of Malaysia’s public service.
-END–
Human Rights Commission of Malaysia (SUHAKAM) Date: 10 December 2025
Police detain over 200 including civil servants in raid on suspected Chow Kit gay sex club
The
Kuala Lumpur Strike Force conducts a raid at a health centre used as a
location for homosexual activity in Chow Kit on November 28, 2025. —
Bernama pic
Saturday, 29 Nov 2025 10:30 AM MYT
KUALA
LUMPUR, Nov 29 — Seventeen civil servants were among 208 people
arrested by police last night in a raid on a health club believed to
have been used for unnatural sexual activities.
Kuala Lumpur
police deputy chief Datuk Mohd Azani Omar said the 8pm operation in Chow
Kit was carried out by the KL Strike Force, with the cooperation of the
Federal Territories Islamic Religious Department (JAWI) and Kuala
Lumpur City Hall (DBKL), following two weeks of intelligence-gathering
and surveillance.
“We detained 201 patrons and seven employees aged between 19 and 60, including 24 foreigners.
“We
also seized condoms and several other items believed to have been used
for immoral purposes,” he told a press conference at the scene after the
nearly four-hour operation.
He
said the two-storey premises had been operating for the past eight to
ten months, from 5pm to 11pm on weekdays and 3pm to 11pm on weekends.
According
to Mohd Azani, the health club promoted its premises on social media
platforms such as TikTok, as well as through word of mouth from regular
customers.
People
are detained during a raid at a health centre used as a location for
homosexual activity in Chow Kit on November 28, 2025. — Bernama pic
“Visitors
were charged RM35 per entry, while new customers had to pay RM10 as a
registration fee before receiving a membership card,” he said.
All
those arrested were taken to the Dang Wangi District Police
Headquarters (IPD Dang Wangi) for urine screening and further
investigation.
“The case is being investigated under Section 377B of the Penal Code,” he said.
A
check by Bernama at the scene found that the visitors came from various
backgrounds, including professionals, students and foreign tourists,
with most admitting they had learnt about the premises through social
media.
The premises had several enclosed spaces, including small
rooms and semi-dark areas, in addition to sauna and jacuzzi facilities
believed to be the main attractions.
A commotion ensued as some
visitors tried to cover their faces and leave to avoid being identified,
but they were unable to escape. — Bernama, Malay Mail, 29/11/2025
Deputy minister’s officer ordered to resign
FMT Reporters
Deputy
higher education minister Mustapha Sakmud says this follows news
reports about the administrative and diplomatic officer's arrest.
Deputy
higher education minister Mustapha Sakmud said an internal
investigation has been launched to decide on disciplinary action against
the officer.
PETALING JAYA:
An administrative and diplomatic officer serving in the office of the
deputy higher education minister, who was reportedly arrested by police,
has been ordered to resign immediately.
Mustapha Sakmud said he was aware of his
officer’s arrest, which was reported in the media, and that the
ministry’s integrity unit had launched an internal investigation to
determine disciplinary action in line with civil service regulations.
He urged the public not to speculate in ways that could undermine the investigation.
“The ministry emphasises that no one is
above the law and governance. Any further action will be decided based
on the findings of the integrity unit and in cooperation with the
authorities,” Mustapha said in a statement late last night.
While he did not specify the
case in which the officer was arrested, the media recently reported that
208 individuals were detained at a two-storey gym and sauna in Chow
Kit, which authorities said had become a hotspot for immoral conduct.
Among those arrested were 17 civil
servants, including doctors, teachers, a deputy public prosecutor, and
an administrative diplomatic officer.
Kuala Lumpur deputy police chief Azani
Omar said the premises had allegedly been operating daily for the past
eight to 10 months, and was believed to be a meeting spot for men to
pair up and engage in same-sex relationships.
Of those arrested, 171 were released after the court rejected the police’s applications for remand.The federal territories Islamic religious
department is still investigating the incident under Section 25 of the
Syariah Criminal Offences (Federal Territories) Act 1997 for sodomy, and
Section 47 of the same law for attempting to commit an offence under
the Act. - FMT, 2/12/2025
Care workforce: The post-pandemic reckoning
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A new study by the RE:CARE Project maps the pressures, inequities and
policy gaps surrounding Malaysia’s care workforce, and what must change to
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Speak up for Penang event
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Calling all Penangites, researchers, policymakers and community leaders.
Come and share your opinions and ideas for a better, more liveable Penang.
This is...
APA PADA NAMA
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1. Sejarah Malaysia dikait rapat dengan UMNO, Parti Kebangsaan Melayu
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peringkat permul...
China and HK may be barred from Asia Team meet
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PETALING JAYA: The status of next week’s Asia Team Champion-ships in
Manila, the Philippines, is in quandary as two badminton nations – China
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PRU14 - Keputusan TEMERLOH - Parlimen dan DUN
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Keputusan di Temerloh, harus kita analisa
1- Parlimen dimenangi Pakatan Harapan, yang juga menang DUN Mentakab,
tetapi BN menang DUN Lancang dan DUN Kuala ...
Thank you, Malaysians
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Before the lights go out on The Malaysian Insider at midnight, we say
"Thank You" to our readers. TMI started on February 25, 2008. Today, after
eight year...
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