Sunday, March 17, 2024

Growing dissapointment in PM Anwar's government - How long do we wait? Malaysian Bar Resolution highlights this and urges action? Justice Delayed is Justice Denied

Many are concerned about the state of the nation, for what was hoped for will happen when PM Anwar Ibrahim and the Pakatan Harapan led coalition government came into power. Sadly, what was expected in terms of REFORM, especially the REPEAL of draconian laws is not happening. Many bad practices continue, and sadly even bad draconian laws have been used. U-turns are happening, and the people need to speak up and remind them of promises. At the recent Malaysian Bar Annual General Meeting, a motion was tabled - and it was passed with an overwhelming majority. 

This is but one of the Resolutions adopted - and I will try to share the others later..

Resolution Adopted at the 78th Annual General Meeting of the Malaysian Bar
(Held on 16 March 2024)


Resolution of Growing Concern over Delay of Government to Repeal Draconian Laws and Bring about Needed Reforms to Ensure Justice in Malays


Whereas

JUSTICE DELAYED IS JUSTICE DENIED. We recall the many commitments and/or promises/assurances made by Pakatan Harapan, its leaders and its MPs in the past to repeal draconian laws and bring about needed reforms for a better more just Malaysia.

2.    The Pakatan Harapan before GE15 did also specifically commit to the Review or repeal Sedition Act 1948, Communications and Multimedia Act 1998 and Printing Press and Publications Act 1984. Abolish Universities and University Colleges Act 1971.

3.    In the GE14 Manifesto, which was more detailed, It stated that ‘The Pakatan Harapan Government will revoke the following laws: • Sedition Act 1948• Prevention of Crime Act 1959• Universities and University Colleges Act 1971• Printing Presses and Publications Act 1984•National Security Council Act 2016• Mandatory death by hanging in all Acts.

4.    The said Manifesto also said that The Pakatan Harapan Government will also abolish draconian provisions in the following Acts: • Penal Code 1997 especially on peaceful assembly and activities harmful to democracy• Communications and Multimedia Act 1998• Security Offences (special measures) Act 2012 (SOSMA)• Peaceful Assembly Act 2012• Prevention of Terrorism Act (POTA) 2015.

5.    Whilst Prime Minister Anwar Ibrahim’s government have successfully abolished the mandatory death penalty, and life imprisonment, it has not yet made good on its many other promises to repeal other draconian laws.

6.    Below are some of the draconian laws that is yet to be repealed.

SEDITION ACT


7.    With regard the Sedition Act, the Malaysian Bar has called for its REPEAL, also through several Bar Resolutions over the years, including the Resolution adopted at the EGM of the Malaysian Bar on 19/9/2014. The Malaysian Bar also organized a Peaceful Assembly, Walk for Peace and Freedom 2014, calling for the abolition of the Sedition Act on 16 Oct 2014. It was attended by over 1,000 – 2,000 lawyers.

8.    On 21/3/2023, Deputy law and institutional reforms minister Ramkarpal Singh says the government has no plans to abolish the Sedition Act at the moment. (FMT, 21/3/2023). In July, Prime Minister Anwar Ibrahim said the government would only apply the Act for provocative statements against the rulers.

9.    Malaysian Bar president Karen Cheah on 30/7/2023 was reported saying the colonial-era legislation should be repealed. There is no need to retain the Sedition Act 1948 even for use only against those who insult royalty. (FMT, 30/7/2023)

10.    However, since then, PAS president Abdul Hadi Awang, book editor Kean Wong and Wan Azri have since been charged under the Act.

11.    Blogger Wan Muhammad Azri Wan Deris - also known as Papagomo - was charged at the Sessions Court here on Monday (Jan 8) with allegedly making seditious remarks linking the government to pro-Israel and pro-Western countries last year. Wan Azri, whose alter ego is believed to be Papagomo, pleaded not guilty in the sessions court to a charge of making a seditious statement against the government. His remark that the government was “pro-Israel and pro-Western nations” was allegedly made in a Facebook video on Nov 8, 2023. The charge was framed under Section 4(1)(b) of the Sedition Act 1948 (Star, 8/1/2024)

12.    On 4/2/2024, it was reported that Police are investigating DAP leader Tony Pua under the Sedition Act 1948 over his Facebook posts criticizing the Pardon Board’s decision to reduce Najib Abdul Razak’s prison sentence. (Malaysiakini).

13.    The fact that the Sedition Act is yet to be repealed, and is still continuing to be used may be considered a betrayal by PM Anwar Ibrahim and the PH-led coalition.

Communications and Multimedia Act 1998

14.     The Malaysian Bar has been calling for the repeal of the especially the draconian provisions contain therein. A Bar Resolution in 2016 calls for the repeal of section 263, section 233 and such vague provisions in the Communications and Multimedia Act 1998. The Bar Resolution in 2023, added a call to repeal section 252, which is an invasion of our privacy – as it allows the State ‘to intercept or to listen to any communication transmitted or received by any communications”

15.    ‘Section 233(1)(a) of the CMA is a serious encroachment on the freedom of speech and expression guaranteed by Article 10(1)(a) of our Federal Constitution. . . . Section 233(1)(a) of the CMA is also repugnant to the rule of law, as it is broad in scope, vague and ambiguous, with entirely subjective terms such as “offensive” and “annoy”. It can easily be misused to stifle speech and expression, to shut out contrary views, to quash dissent, to deny democratic space, and to suppress Malaysians. It is this imprecision that gives rise to the perception that the provision is yet another dressed–up political weapon in the armoury of the Government’ - Extract from a 2015 Bar Statement.

16.    A total of 65 charges have been filed under Section 233 of the Communications and Multimedia Act 1998 out of 876 cases investigated in the five-year period between January 2018 and Nov 15, 2023, according to Deputy Communications and Digital Minister Teo Nie Ching..(The Edge, 27/11/2023). The current government shamelessly continue to use this draconian law including Section 233. It is immaterial as to how many is charged, but the THREAT of using this draconian provision impacts on the peoples’ freedom of expression and opinion.

Independent Police Complaints and Misconduct Commission (IPCMC)


17.    It must be noted the IPCMC was recommended by 2004 Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police despite the fact that there already then was the Police Force Commission and other relevant law enforcement bodies that were responsible for crimes/misconducts committed by police officers, and thus a clear indication of the failure of existing mechanisms to deal with police crimes and misconducts – hence the need for a NEW Independent Commission  to deal with police crimes/misconducts

18.    When Prime Minister Anwar Ibrahim came into power with PH-led coalition, the alternative IPCC Act, that replaced the earlier PH initiated IPCMC Bill, which was then undergoing possible amendments that may have finally given us a REAL IPCMC, was still not in force.

19.    What could and should have been done, was not to put into force that law but to send it be back to Parliament to be repealed or amended, more so since the PH and Opposition MPs in Parliament then were seen to strongly opposed the IPCC Bill. Sadly, the Home Minister put into force the Independent Police Conduct Commission Act 2022 on 1 July 2023 [PU(B) 574/2022], and thereafter started appointing Commissioners and spending monies.

20.    The IPCC is in reality turned out to be just a ‘sorting commission’ that refers complaints back to Police Force Commission and other relevant law enforcement agencies.

21.    The REAL IPCMC must be able to independently investigate police crimes and misconducts, hold public inquiries and even prosecute. They should maybe also have the power to monitor Police Force Commission, and other relevant law enforcement agencies handling of crimes/misconducts allegedly committed by police officers.

22.    Some other matters of concern, not all, are as follows: -

a)    Restoration of Local Government/Council Elections – This government continues with political appointments of Local Councilors, and even local community leaders like Kampung heads. There is still not even the amendment of laws that will allow States to independently decide and conduct Local Government elections in their respective States. It is humorous to now hear that  parties in the ‘unity government’ are fighting over appointment rights over what should be democratically elected by the people positions – ‘Umno Selangor has decided to relinquish the 20 local council posts in the state to its coalition partner, Pakatan Harapan (PH)…While relinquishing the local council posts, Umno Selangor expressed the desire for 373 posts on the Village Development and Safety Committee in the state…’(NST, 20/2024)

b)    Political Appointments – The practice continues where one of the first was the appointment of the Prime Minister’s daughters;

c)    Equal rights and allocation for all Members of Parliament has still not happened. This is a DISRESPECT of the people - peoples’ democratic rights to chose their own peoples’ representative. If they elect the ‘wrong MP’, then they get no or lesser funds??

d)    Appointment of former Attorney General/Public Prosecutor, so soon after he made the decision to discontinue criminal trial against the sitting Deputy Prime Minister, as Chairman of Amanah Raya Berhad, an entity that comes under the supervision of the Finance Ministry. A cooling off period of maybe 3 years being any retiring AG, Minister or senior public officer they are appointed to GLC or corporate positions should be considered.
 
e)    After the 1MDB, the dangers of the same person being Prime Minister and Finance Minister came to light. Sadly, Anwar Ibrahim, despite earlier commitments, remains both Prime Minister and Finance Minister.
 
f)    Asset Declaration of MPs and Cabinet Members – It has still not happened after Anwar became Prime Minister more than 14 months ago. Asset declarations, is a means to ensure that MPs or Cabinet Members, do not wrongfully enrich themselves or their family members during their term in office, and as such, there must be at least annual declarations to enable public scrutiny.

g)    Body-cams and CCTV – Decided on and budget/monies already available but still not implemented.

h)    Right to Peaceful Assembly – It is a right, and thus does not need government or police ‘gatekeepers’ to ‘control’ the exercise of one’s human right. Under Anwar Ibrahim’s rule, people exercising this right continue to be ‘harassed’. ‘It was reported that police have identified 25 persons of interest at the "Save Malaysia" rally who will be called in to have their statements recorded.’(Star, 18/9/2023). Why did the police try to ‘sabotage’ the right to peaceful assembly -  ‘Police have advised members of the public not to participate in the 100 Per cent Reform Demand Rally organized by the Coalition for Clean and Fair Election (Bersih) this Tuesday at Plaza Tugu Negara (National Monument) as it does not comply with the Peaceful Assembly Act 2012,… "Holding an assembly without notification is an offence under Section 9 (5) of the relevant act and the police are calling on the public not to participate in the illegal assembly," he said in a statement here today…’(Malay Mail, 25/2/2o24). Mind you that in 2014 the Court of Appeal ‘decided that Section 9(5) of the PAA was ultra vires art. 10 of the Constitution for criminalizing a breach of the restriction under s. 9(1) and was therefore unconstitutional – that is the non-giving of the required notice.

Government’s silence may be seen as implied agreement with actions of the police and may unfortunately may DETER future exercising of the right to peaceful assembly. ‘Six people have been questioned by police in connection with the rally organised by the Coalition for Clean & Fair Election (Bersih) near Parliament last month. Kuala Lumpur police chief Comm Datuk Allaudeen Abdul Majid said police will call up three more people to have their statements recorded this week."Once all statements have been recorded, we will refer the investigation paper to the Deputy Public Prosecutor for further action,"(Star,5/3/2024)

On November 29, 2011, the Malaysian Bar organized the “Walk for Freedom 2011: Peaceful Assembly Bill Cannot and Must Not Become Law!”, The Malaysian Bar, in a Resolution adopted in 2023, reiterated the call that the draconian provisions in the Peaceful Assembly Act 2012 be repealed.

i)    The compromise of Backbencher MPs – their duty is to be an effective check and balance to the Executive, and would this not be compromised if they are directly/indirectly appointed to positions in GLCs and other government linked entities, more so if their appointments result in additional monetary compensations and/or powers?

Some examples of current backbencher MPs that have been appointed are:- Batu MP P. Prabakaran has been appointed as the new Malaysian Indian Transformation Unit (Mitra) special committee chairman(Malay Mail, 8/2/2024),  Subang MP Wong Chen has been appointed the non-executive chairperson of Malaysia Debt Ventures (MDV)(Malaysiakini, 24/5/2023), PKR’s Balik Pulau MP Bakhtiar Wan Chik was named to head finance ministry-owned investment arm MyCreative Ventures Sdn Bhd,(FMT, 10/3/2023). PKR's Syed Ibrahim Syed Noh(Ledang MP) has been named as the non-executive chairman of the Malaysia Digital Economy Corporation (MDEC)[Malay Mail, 6/4/2023].

23.    The Malaysian Bar, in upholding the cause of justice without fear or favour, has identified and called for the repeal of many draconian law and/or draconian provisions in certain laws, and have also made recommendations for the enactment of laws or needed amendments in existing laws over the years vide Press Statements, Resolutions of the Bar, Memorandums, Reports and Recommendations.


Therefore, it is resolved that

A.    That the Malaysian Bar expresses disappointment in the delay in the bringing about needed reforms, especially the repeal of draconian laws, draconian provisions in existing laws, the enactment of new laws and amendments in laws that are needed that justice is done in Malaysia, and calls on the Malaysian government to expedite the repeal of draconian laws, and bring about positive reforms needed for greater justice;

B.    That the Bar Council, on behalf of the Malaysian Bar,  once again communicate with the Prime Minister, Cabinet Ministers, Political Parties and peoples’ representatives to remind again the bad laws that need to be speedily repealed, and new laws that need to be enacted to bring about needed reforms including the enactment of a REAL Independent Police Complaints and Misconduct Commission (IPCMC) Act.

C.    That the Malaysian Bar  calls on Malaysia to uphold the cause of justice without fear or favour.

Source: Malaysian Bar Website

See also Resolutions Adopted at the 78th Annual General Meeting of the Malaysian Bar Held at Menara Kembar Bank Rakyat, Kuala Lumpur (Saturday, 16 Mar 2024)


Wednesday, March 13, 2024

An offer, the attempt or the giving of a GIFT to the PM or Cabinet Member is a CRIMINAL OFFENCE?

Prime Ministers, Ministers, Cabinet...maybe receiving 'GIFTS' or OFFERS for Gifts from third parties -  This should NEVER happen, as the one possible reason behind the giving of such 'GIFTS' may be corruption - which is an offence. What may be the reason behind such gifts - trying to wrongfully affect policy, enforcement of laws(after all some Ministers have the power of EXEMPTION to allow non-compliance with law, maybe for advantage in securing projects/contracts, maybe to impact development plans, etc. There are numerous reasons why 'gifts' are offered or given to Cabinet members directly or indirectly....

The BIG PROBLEM in Malaysia is the lack of conduct and discipline law for members of the Cabinet... as  PUBLIC OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS 1993 today does not apply to Cabinet members at the Federal or State level - when really IT SHOULD.

Malaysia Prime Minister Anwar Ibrahim has urged all parties to stop offering him gifts, saying that this culture must be stopped. “I would like to remind everyone not to give me any more gifts and such practices must be discontinued,” he said in a Facebook post on Thursday. - Straits Times, 1/12/2022
Anwar should have added that it is a CRIMINAL OFFENSE in Malaysia - even an attempt or an offer. Has Anwar and his Cabinet Ministers reported these attempts, offers, etc? He should have said that he will report any attempts to the police/MACC...

25  Duty to report bribery transactions [MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009]

(1) Any person to whom any gratification is given, promised, or offered, in contravention of any provision of this Act shall report such gift, promise or offer together with the name, if known, of the person who gave, promised or offered such gratification to him to the nearest officer of the commission or police officer.

(2) Any person who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.

To monitor the Prime Minister and the Cabinet, maybe it is best to set up a Special Parliamentary Committee whereby the Prime Minister or any member of the Cabinet is DUTY BOUND to report to this committee - who attempted to offer, offered, etc - what was offered,...Parliament has the duty to MONITOR to be CHECK AND BALANCE of the Executive, including Prime Minister, Ministers, Cabinet, etc...

* ALL GIFTS RECEIVED MUST BE REPORTED, and maybe returned or even 'confiscated' by the government.

Anwar Ibrahim is a MILLIONAIRE, as he said before GE15 that he had over RM11 million in assets ...Likewise all Cabinet members are well-paid >>> they do not need additional monies, etc ...or GIFTS.

We recall Najib's assertion of a billion dollar gift from allegedly a member of the Saudi Royalty... 

When caught for corruption, abuse of power or even money laundering, many politicians tend to claim that it was 'political donation' or 'monies for some charity'...well, if it is donation for a political party, it should be paid directly into the political party's bank accounts, or the charity's bank account - and not into personal bank accounts.

ADUNS and MPs should have a Constituency Bank Account - where donations for constituency can go into..

ASSET DECLARATION - still none officially since PM Anwar came into power.

I came across a report 'Police investigate Chegu Bard, Muhammad Zahid over alleged inflammatory remarks about car gifted by King to PM' - I do not understand why the police is investigating this. Remember, in Malaysia, the Royalty is no more above the law - they too can now be prosecuted for Criminal Offenses. Did the King give Anwar a car as a gift? I await for PM Anwar's response - hopefully he will say that he refused it for reasons.... 

The need for 'Conduct and Discipline' laws for Cabinet members is also part of a Malaysian Bar Resolution - see below.

Resolution for Conduct, Discipline and Political Funding laws that cover the Cabinet, Members of Parliament, Senators, etc

1. The Federal Constitution, in Article 132(3) states that ‘...(3) The public service shall not be taken to comprise -

(a) the office of any member of the administration in the Federation or a State; or

(b) the office of President, Speaker, Deputy President, Deputy Speaker or member of either House of Parliament or of the Legislative Assembly of a State; or

(c) the office of judge of the Federal Court, the Court of Appeal or a High Court; or

(d) the office of member of any Commission or Council established by this Constitution or any corresponding Commission or Council established by the Constitution of a State; or

(e) such diplomatic posts as the Yang di-Pertuan Agong may by order prescribe, being post which but for the order would be posts in the general public service of the Federation….’

2. This would mean that PUBLIC OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS 1993 PU(A) 395/1993 and related regulations would not apply to the Cabinet. It is unclear too as to whether they apply to Members of Parliament, Senators and State Assembly Persons.

3. The Public Officers Regulation (Conduct and Discipline) 1993 deals with sexual harassment, receipt of presents, ownership of property including disposal, futures market, borrowing and lending monies, entertainment, etc. It covers not just the particular officer but also their family members.

4. Regulation 10 of the Public Officers Regulation (Conduct and Discipline) 1993, requires that all public servants must declare both movable properties, such as money in bank accounts, motor vehicles, jewelleries, firearms, shares, warrants, stocks, bonds and securities, as well as immovable properties, such as land, landed properties, and of course, business ownership or directorship.

5. Regulation 10 (3) Where, after making a declaration under subregulation (1), an officer or his spouse or child acquires any property, either directly or indirectly, or any property acquired by him or by his spouse or child is disposed of, that officer shall immediately declare such acquisition or disposal of property to his Head of Department…’

6. Service Circular Number 3/2002 (PEKELILING PERKHIDMATAN BILANGAN 3 TAHUN 2002) deals with Ownership and Declaration of Assets by Public Officials, which prevents a public servant from owning more than RM100,000 worth of shares in any company.

7. Regulation 8(1), amongst others, state that ‘....an officer shall not receive or give nor shall he allow his spouse or any other person to receive or give on his behalf any present, whether in a tangible form or otherwise, from or to any person, association, body, or group of persons if the receipt or giving of such present is in any way connected, either directly or indirectly, with his official duties….’

8. At present, it appears that Public Officers Regulation (Conduct and Discipline) 1993 and related regulations, circulars, etc do not apply to Cabinet Members, and there seem to be no similar comprehensive Regulations on Code and Conduct that exist.

9. Political Funding from third parties is also of concern, more so, when there is no requirement of declaration and transparency. Acquisition of monies personally on behalf of a political party, is still acquisition of monies personally. If anyone wanted to ‘donate’ to a political party, then they will directly pay the said party, who are registered societies and do have official party bank accounts.

10. For Members of Parliament, there is currently a call to make a declaration of assets to the Malaysian Anti-Corruption Commission(MACC), but a one time declaration only helps us understand how rich or poor they are when they get elected or assume office. If there were regular declarations, once every 6 months or immediately after they acquire or dispose of property, then the people can monitor the Cabinet and their elected representatives better to ensure they stay clean. Currently, if one visits the MACC website, one may not see the details of the asset declaration, as it is made inaccessible after several months from the date of declaration.

11. It is best that Public Officers Regulation (Conduct and Discipline) 1993 or a similar Regulation/Act applies also to Members of Administration (Prime Minister and Cabinet Members), Members of Parliament, Senators, State Assembly Persons, and officers in Government Linked Companies, Government Owned Companies & Government Investment Companies. Declaration of Assets requirement should also extend to them.

THEREFORE, IT IS HEREBY RESOLVED

A. To enact an Act of Parliament and/or amend the Federal Constitution to extend and expand the applicability of the Public Officers Regulation (Conduct and Discipline) 1993 and related regulations, circulars, etc and/or similar Acts/Regulations to all Members of Administration (Prime Minister and Cabinet Members), Members of Parliament, Senators, State Assembly Persons, and officers in Government Linked Companies, Government Owned Companies and Government Investment Companies.,

B. To legislate and enhance the Asset Declaration requirements to mandate that declarations must be made as soon as it is practicable to do so after acquisition and/or disposal of any properties and/or assets, and further that these asset declarations shall always be made accessible and/or open to the public; and

C. To enact an Act of Parliament That a law/regulation to regulate and control all forms of political funding.

Source: Malaysian Bar website


PUBLIC OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS 1993

Preamble


PART I PRELIMINARY

1 Citation and commencement
2 Application
3 Interpretation

PART IA DUTY TO COMPLY WITH REGULATIONS

3A Duty to comply with Regulations
3B Failure to give and to comply with undertaking

PART IB DUTY OF DISCIPLINARY CONTROL AND SUPERVISION

3C Duty to exercise disciplinary control and supervision
3D Duty to inform Director General of Public Service of every disciplinary action

PART II CODE OF CONDUCT

4 General
4A Sexual harassment
5 Outside employment
6 Dress etiquette
7 Drugs
8 Presents, etc.

(1) Subject to the provisions of this regulation, an officer shall not receive or give nor shall he allow his spouse or any other person to receive or give on his behalf any present, whether in a tangible form or otherwise, from or to any person, association, body, or group of persons if the receipt or giving of such present is in any way connected, either directly or indirectly, with his official duties.

(2) The Head of Department of an officer may, if he thinks fit, permit the officer to receive a letter of recommendation from any person, association, body, or group of persons on the occasion of the officer's retirement or transfer so long as such letter of recommendation is not enclosed in a receptacle of value.

(3) The Head of Department may permit the collection of spontaneous contributions by officers under his charge for the purpose of making a presentation to an officer in his Department on the occasion of the officer's retirement, transfer or marriage or any other appropriate occasion.

(4) If the circumstances make it difficult for an officer to refuse a present or token of value, the receipt of which is prohibited by this regulation, such present may be formally accepted but the officer shall, as soon as practicable, submit to his Head of Department a written report containing a full description and the estimated value of the present and the circumstances under which it was received.

(5) Upon receipt of a report made under subregulation (4), the Head of Department shall-

(a) permit the officer to retain the present; or

(b) direct that the present be returned, through the Head of Department, to the giver.


9 Entertainment
10 Ownership property
11 Maintaining a standard of living beyond emoluments and legitimate private means
12 Borrowing money
13 Serious pecuniary indebtedness
14 Report of serious pecuniary indebtedness
15 Lending money
16 Involvement in the futures market
17 Lucky draws, lotteries, etc.
18 Publication of books, etc.
19 Making public statement
20 Prohibition on acting as editor, etc., in any publication
21 Taking part in politics
22 Institution of legal proceedings and legal aid

PART III ABSENCE WITHOUT LEAVE
23 Absence from duty
24 Disciplinary action for absence without leave
25 Procedure in cases of absence without leave
26 Procedure where officer is absent without leave and cannot be traced
27 Forfeiture of emoluments due to absence from duty

PART IV OFFICERS SUBJECT TO CRIMINAL PROCEEDINGS, ETC.

28 Procedure where criminal proceedings are instituted against an officer
29 Responsibility of Head of Department if officer is convicted of criminal offence
30 Disciplinary action shall not be taken until criminal proceedings are completed
31 Consequences of an acquittal
32 Procedure where there is an order of detention, banishment, etc.
33 Consideration of Disciplinary Authority in cases of conviction and detention

PART V DISCIPLINARY PROCEDURE
Chapter 1 - General
34 Conditions for dismissal or reduction in rank
35 Chairman of Disciplinary Authority to determine nature of breach of discipline
 
 Chapter 2 - Disciplinary proceeding not with a view to dismissal or reduction in rank
36 Procedure in disciplinary cases not with a view to dismissal or reduction in rank

Chapter 3 - Disciplinary proceeding with a view to dismissal or reduction in rank
37 Procedure in disciplinary cases with a view to dismissal or reduction in rank
37A Investigation Committee
37B Procedure to be followed by the Investigation Committee
37C Further grounds for dismissal
37D Powers of the Disciplinary Authority

PART VI DISCIPLINARY PUNISHMENTS

38 Types of disciplinary punishments
39 Fine or forfeiture of emoluments
40 Deferment of salary movement
41 Reduction of salary
42 Reduction in rank

PART VIA INTERDICTION AND SUSPENSION

43 Interdiction for the purpose of investigation
44 Interdiction
45 Suspension
45A Unpaid emoluments
46 Resumption of duties
47 Disciplinary procedures for an officer serving outside Malaysia
48 Officer shall not leave Malaysia without written permission

PART VII TERMINATION IN THE PUBLIC INTEREST

49 Termination in the public interest
 
PART VIII MISCELLANEOUS
50 Application of 1993 Regulation
50A Particulars of the offence and punishment to be recorded
51 Surcharge
52 Service of notice, document, etc.
53 Signatures on letters and other correspondence
54 Repeal and savings

SCHEDULE

CONDUCT AND DISCIPLINE Regulations for MPs,PM and Cabinet, GLCs - Enact Political Funding law & Asset Declaration law - Bar RESOLUTION.


Stop sending me gifts, says Malaysia PM Anwar

Malaysian PM Anwar Ibrahim said he appreciated the good intentions of all parties but such a practice was not compatible with the ethics of leadership and administration. PHOTO: REUTERS

PETALING JAYA - Malaysia Prime Minister Anwar Ibrahim has urged all parties to stop offering him gifts, saying that this culture must be stopped.

“I would like to remind everyone not to give me any more gifts and such practices must be discontinued,” he said in a Facebook post on Thursday.

Datuk Seri Anwar said he appreciated the good intentions of all parties but such a practice was not compatible with the ethics of leadership and administration.

Mr Anwar recently came under scrutiny when he was pictured wearing a pair of black shoes, believed to have cost more than RM5,000 (S$1,537).

In a tweet, he explained that the shoes were a gift from Johor Sultan Ibrahim Iskandar.

“(The shoes) were a gift from Tuanku Sultan Johor two years ago. It’s fine if you want to question me, but avoid defamation,” he tweeted. - Straits Times, 1/12/2022

 

Police investigate Chegu Bard, Muhammad Zahid over alleged inflammatory remarks about car gifted by King to PM
04 Mar 2024, 07:36 pm
main news image

'We are completing the investigation paper, and both individuals will be called to provide statements soon,' says Inspector General of Police Tan Sri Razarudin Husain.

KUALA LUMPUR (March 4): The police have opened an investigation paper against Chegu Bard, whose real name is Badrul Hisham Shaharin, regarding his alleged inflammatory remarks about the car gift by His Majesty Sultan Ibrahim, King of Malaysia, to Prime Minister Datuk Seri Anwar Ibrahim.

Inspector General of Police Tan Sri Razarudin Husain said that an investigation paper under Section 4(1) of the Sedition Act 1948 had also been opened against Muhammad Zahid Md Arip, who is a former political secretary to former prime minister Tun Dr Mahathir Mohamad, for the same allegation.

"We are completing the investigation paper, and both individuals will be called to provide their statements soon," Razarudin said when met by reporters here on Monday.

He was met after attending the duties handover ceremony of the new director of the Narcotics Crime Investigation Department of Bukit Aman, Datuk Khaw Kok Chin, from Datuk Seri Mohd Kamarudin Md Din, as well as the new director of the Department of Internal Security and Public Order, Mohd Kamarudin, from Datuk Seri Hazani Ghazali here on Monday.

Regarding the red notice against Datuk Seri Muhammad Adlan Berhan, the son-in-law of former prime minister Tan Sri Muhyiddin Yassin, Razarudin said that they had provided additional information as requested by Interpol.

"Now, the police are only awaiting further feedback from Interpol regarding the red notice," he said.

Regarding the use of body cameras by police officers on duty, he said that they expect to receive the equipment by October.

"It is hoped that with the receipt of these 7,648 body cameras, we can at least avoid allegations against the Royal Malaysian Police, and make our personnel more accountable," he said. - The Edge, 4/3/2024

 

Sunday, March 10, 2024

Anwar's visit to Germany, a pro-Israel nation, who 'bans' pro-Palestinian protests, who has been hauled up in ICJ under Genocide Conv for things that impacts on Palestinians in Gaza? Come back immediately Anwar ???

Anwar Ibrahim is visiting Germany, a friend of Israel, who has been alleged to also be supplying arms to Israel, which possibily is being used to kill Palestinians in Gaza and the Occupied Territory - Will Anwar be raising this concerns during his visit - will he be calling for Germany to repent.

Nicaragua has just dragged Germany to ICJ for facilitating Israel's Genocide - See Application filed in ICJ . This happened in early March, long before Anwar's visit.

Would not this issue of Germany's cutting aid to the UN Palestinian refugee agency (UNRWA), and its support of Israel be a JUSTIFIABLE reason for Anwar to delay, or even cancel his visit as a sign of solidarity with the Palestinian People?

It is about 'mutual growth" - so, is Malaysia OK with this, despite the fact that we know Germany's pro-Israel stance, including the fact or allegations that Germany is providing arms to Israel, arms that are most likely used in the killing of now about 30,000 Palestinians.

Are national principles and values SIDELINED by Anwar and this government?


 

Germany welcomes Anwar on maiden visit, fostering economic cooperation and mutual growth

BERLIN: An enduring friendship built on strong economic ties and mutual respect, with a keen eye on the future, will set the tone for Datuk Seri Anwar Ibrahim's first official visit as prime minister to Germany today.

After concluding a successful tour of Melbourne and Canberra, where Australian companies expressed interest in investing RM24.5 billion in Malaysia, the prime minister will now train his sight on German investors, both new as well as those already with a presence in Malaysia, as part of his visit to Berlin and Hamburg.

Malaysian Ambassador to Germany, Datin Paduka Dr Adina Kamarudin, said the prime minister's intensive six-day itinerary will see him meet senior German leadership, captains of industry, academics and policymakers as well as the Malaysian diaspora.

The prime minister is scheduled to arrive in Berlin Brandenburg Airport at 10pm on March 10, where he will be welcomed upon arrival by Foreign Minister Datuk Seri Mohamad Hasan, Adina as well as German government representatives.

Apart from Mohamad, also accompanying him for his visit are International Trade and Industry Minister Tengku Datuk Seri Zafrul Tengku Abdul Aziz, Entrepreneur Development and Cooperatives Minister Datuk Ewon Benedick.

Adina said the prime minister will begin his series of programmes on March 11 with a visit to the Siemens Energy plant in Berlin. Siemens, she said, had invested heavily in Malaysia and is currently focusing on renewable energy.

This will be followed by a courtesy visit to Federal President Frank-Walter Steinmeier at Bellevue Palace, who in February last year had visited Malaysia.

Steinmeier, in his visit, had stated that Malaysia is set to become a key destination for German companies to diversify their businesses and investments, with more than 700 German companies in Malaysia creating 65,000 jobs.

"This can, in a way, be viewed as a furtherance of the discussion that they had previously. President Steinmeyer is known for his deep interest in Malaysia and enjoys a keen friendship with the prime minister, evidenced from his visit to the prime minister's office in Putrajaya during his visit to Malaysia," she said.

Later in the evening, Anwar will be accorded an official welcome with full military honours by Chancellor Olaf Scholz at the Federal Chancellery, followed by a four-eyed meeting with Scholz.

The two leaders will hold a joint press conference with Malaysian and German media before attending a dinner hosted by Scholz.

The following day, Anwar will attend a business roundtable meeting with around 30 captains of industry, followed by a business meeting with selected companies.

These captains of industry, she said, comprise significant players in the German economy, and key investors to Malaysia.

Adina said the business meeting with selected companies, meanwhile, include major names such as Infineon, Schott AG, Melexis and Airbus, which are significant for possible investments in the future.

In the evening, the prime minister will then hold a session with the Malaysian diaspora in Germany, which will include students, working professionals as well as those who have chosen to settle down in Germany.

After the breaking of fast and Maghrib prayers, the prime minister will then join the congregation at the Sehitlik Mosque in Berlin for Isyak and Tarawih prayers. Anwar will then engage with the German Muslim community for an exchange of views.

The following day, Anwar will begin his programme with an interactive session at the Körber Foundation in Berlin, an independent, non-profit think tank which focuses on international relations including issues pertaining to the Middle East.

He will then meet with German vice-chancellor Robert Habeck before attending the Mittlestand, also known as SME Future Day, an annual small-medium enterprises conference where the prime minister will also be delivering a keynote address.

Adina said Anwar's meeting with Habeck, who is also Minister for Economic Affairs and Climate Action, will likely see the leaders discuss issues such as Malaysia's palm oil export to Europe and climate change.

Adina said the German economy is unique in that it does not rely heavily on multinational companies (MNCs), with its main driver being the Mittlestand, or SMEs.

"However, the size of their SMEs is on a scale vastly different than that of Malaysian companies. Their request for the prime minister's presence at this event was done way back in July," she said, noting that the Mittlestand offers key investment opportunities for Malaysia.

Adina said German companies have a favourable view of Malaysia due to a host of factors, such as the various incentives offered, especially customised tax incentives and the supporting role played by agencies like the Malaysia Investment Development Authority or MIDA.

"They are very comfortable with our One Stop Centre. There is also the ease of doing business with agencies such AS MIDA, with the Immigration Department providing the necessary support, as well as the English-speaking population," she said.

In Hamburg, Anwar will attend Friday prayers at the El Nour Mosque before conducting a business meeting with Nexperia. He will then attend the 101st East Asia Friendship Dinner (Ostasiatisches Liebesmahl) by the German Asia-Pacific Business Association (Ostasiatische Verein - OAV) before departing for Kuala Lumpur.

Germany has been Malaysia's largest trading partner among European Union members since 2000, while Malaysia is Germany's biggest trading partner in Asean.

In 2023, Malaysia's total trade with Germany rose by 5.9 per cent to RM63.45 billion (US$13.90 billion) compared to RM59.87 billion (US$13.62 billion) in 2022. - NST, 10/3/2024

Berlin, Germany – More than 500 global artists, filmmakers, writers and culture workers have announced a push against Germany’s stance on Israel’s war on Gaza, calling on creatives to step back from collaborating with German state-funded associations. ...Symbols of pro-Palestine support have been banned, authorities in Berlin have banned rallies, and, in a move that was widely condemned as discriminatory, the German president has called on Arabs to distance themselves from Hamas..- Al Jazeera, 11/1/2024

A leading German human rights group on Monday termed the recent sporadic ban on pro-Palestinian demonstrations “highly problematic.”

“It is also important to combat antisemitism and not fuel racism. It will only be successful if politics, the media and society do not place those parts of the population who are perceived as Palestinian, Arab or Muslim under general suspicion,” said Beate Rudolf, the director of the German Institute for Human Rights, during a news conference in Berlin.

“This is why long-term bans on pro-Palestinian demonstrations are highly problematic. To be clear: All people in Germany have the right to freedom of assembly. This also gives them the right to peacefully express grief over the victims in Gaza (war) and solidarity with the people there,” she added. - AA, 4/12/2023

 

Nicaragua drags Germany to ICJ for ‘facilitating Israel’s genocide’ in Gaza

Managua accuses Berlin of violating the Genocide Convention by funding Israel’s war on Gaza.

gaza
More than 30,000 Palestinians have been killed and about 7,000 remain missing since Israel launched its brutal assault on October 7 [AFP]

The Latin American country accused Berlin of violating international law in its continued funding for Tel Aviv and asked the ICJ to order emergency measures that would force Germany to cease military aid to Israel, and restart funding to the UNRWA.

A hearing date is not yet known, however, the ICJ, also known as the World Court, usually starts proceedings on requests for emergency measures within weeks.

At least nine UNRWA donors, including the United States, Germany, Switzerland, Canada and the United Kingdom, suspended funding after allegations that about 12 of the tens of thousands of Palestinians employed by the agency were suspected of participating in Hamas’s October 7 attacks in Israel.

But Israel has yet to provide evidence to UN investigators more than a month after it made its claims.

“By sending military equipment and now defunding UNRWA which provides essential support to the civilian population, Germany is facilitating the commission of genocide,” Nicaragua said in its filing, citing the 1948 Genocide Convention and the 1949 Geneva Conventions on the laws of war in the occupied Palestinian territories.

Germany is a key ally of Tel Aviv, and is one of its biggest arms providers alongside the United States, according to UN experts.

Deaths due to hunger

Berlin was the second biggest donor to UNRWA after the US in 2022 when it pledged $202m to the agency.

The UNRWA has warned that the suspension of its funding could lead to the agency being unable to provide humanitarian aid to Gaza, which has seen deaths due to hunger and a lack of health facilities. On Thursday, at least 117 people were killed after Israel fired at hundreds of Palestinians waiting to collect food aid in Gaza City. The incident has triggered global condemnation and calls for an independent investigation.

Emergency measures, Nicaragua said in its Friday filing, were necessary because of Berlin’s “participation in the ongoing plausible genocide and serious breaches of international humanitarian law” in the Gaza Strip.

Under the genocide agreement, countries agree not to commit genocide, meaning complicity in the act is a violation. The pact also enables member states to actively prevent and punish possible genocide.

The Managua case comes after an earlier and much-followed filing by South Africa last December which accused Israel of committing genocide against Palestinians in Gaza.

In February, the ICJ ruled that Pretoria’s claims that Israel violated the genocide convention were not implausible and ordered emergency measures, including a call for Israel to halt any potential acts of genocide in Gaza.

Israel, which defended itself in the South Africa hearings, has denied allegations of genocide, citing “self-defence”, though experts have questioned Israel’s “right to defence” as an occupying power. The case is continuing. Last week, Human Rights Watch said hampering the delivery of aid by Israel was a violation of the January 26 ICJ order.

“The Israeli government is starving Gaza’s 2.3 million Palestinians, putting them in even more peril than before the World Court’s binding order,” Omar Shakir, Israel and Palestine director at Human Rights Watch, said on February 26.

Israel has also been criticised for targeting civilians, with more than 80 percent of those killed being women and children. More than 30,000 Palestinians have been killed and about 7,000 remain missing since Israel launched its brutal assault on October 7 in the wake of a deadly attack carried out by the Palestinian Hamas group.

In separate proceedings at the ICJ, more than 50 countries in February presented arguments against Israel’s occupation of the West Bank, Gaza Strip and occupied East Jerusalem since 1967.

Source: Al Jazeera and news agencies, 2/3/2024