Monday, June 01, 2009

Ah Long - Charge him in court, if not proven he is not a 'ah long', and if so, this maybe 'cover up' to protect some people...mmm

Under the Detention Without Trial laws, sometimes they do detain you in detention places like the Kamunting Detention Centre..

Sometimes, they just come out with a restriction order, that imposes upon you conditions and restrictions, and if you break these conditions, you commit an offence and they charge you in court...

Is this acceptable?
No, it is not because it again goes against the principle of presumption of innocence until proven guilty..
No, it is not because it denies a person his right to a fair and open trial, the right and the ability to defend himself..

Like Detention Orders under the ISA, these restriction orders also are unchallengeable in court as to reasons the Minister made the order. So, innocent people can simply be denied their full liberty and freedoms at the whims and fancies of the Minister..

4A. Restriction orders.

(1) If the Minister is satisfied that for any of the purposes mentioned in section 4(1) it is necessary that control and supervision should be exercised ove any person or that restrictions and conditions should be imposed upon that person in respect of his activities, freedom of movement or places of residence and employment, but that for those purposes it is unnecessary to detain that person, he may make an order (hereinafter referred to as a 'restriction order') imposing upon that person (hereinafter referred to as a 'restricted person') all or any of the following restrictions and conditions:

(a) that he shall be subject to the supervision of the Police for any period not exceeding two years;

(b) that he shall reside within the limits of any State, district, mukim, town or village specified in the restriction order;

(c) that he shall not transfer his residence to any other State, district, mukim, town or village, as the case may be, without the written authority of the Chief Police Officer of any State concerned;

(d) that except in so far as may be otherwise provided by the restriction order, he shall not leave the State, district, mukim, town or village within which he resides without the written authority of the Chief Police Officer of the State concerned;

(e) that he shall at all times keep the Officer in Charge of the Police District in which he resides notified of the house or place in which he resides;

(f) that he shall be liable, at such time or times as may be specified in the restriction order, to present himself at the nearest police station;

(g) that he shall remain within doors or within such area as may be defined in the restriction order, between such hours as may be specified in the restriction order, unless he obtains special permission to he contrary from the Officer in Charge of the Police District;

(h) that except in so far as may be otherwise provided by the restriction order, he shall not enter any State, district, mukim, town or village specified in the restriction order;

(i) that he shall keep the peace and be of good behaviour;

(j) that he shall enter into a bond with or without sureties as the Minister may direct and in such amount as may be specified in the restriction order, for his due compliance with the restrictions and conditions imposed on him by the restriction order.

(2) The restrictions and conditions imposed on any person under sub-section (1) shall, unless cancelled as hereinafter provided, continue in force for the period specified by the Minister under sub-secton (1)(a).

(3) The Minister may from time to time, by order in writing served on a restricted person, vary, add to or cancel any restrictions or conditions imposed upon him under sub-section (1), and the restrictions or conditions as so varied and any additional restrictions or conditions so imposed shall, unless sooner cancelled, continue in force for the period specified by the Minister under subsection (1)(a).

(4) Any restricted person who contravenes or fails to comply with any restriction or condition expressed in his restriction order shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years and not less than two years. - EMERGENCY (PUBLIC ORDER AND PREVENTION OF CRIME) ORDINANCE, 1969

Now, in Johor, the police is going to use in on 'Ah Longs' - i.e. persons they want us to believe are 'ah longs'. Are they really 'ah longs'? I doubt it - because I do not trust our Malaysian police - and further I require that this allegation be proved in court beyond reasonable doubt. After all, if he is, then what is the difficulty of charging him in court. Maybe, because he may reveal how he was 'bribing' some police officer or maybe even some UMNO politician. Iif not, why don't we just charge him in court.

Police are coming down hard on loan sharks in the state and have used preventive laws to deter their activities.

Johor police chief Deputy Comm Datuk Mohd Mokhtar Mohd Shariff said a 28-year-old man was the first to be arrested under the Emergency Ordinance for being involved in such activities.

He said the man, the head of a loan shark syndicate, had been active in Tangkak and Muar, adding that police obtained an order to restrict him in Temelong, Hulu Terengganu, for two years beginning May 26.

“We will come down hard on Ah Longs because they are a nuisance and should not be tolerated,” he said. - Star, 31/5/2009, Johor uses preventive laws to deter loan sharks

Remember that in Malaysia, there are 3 main Detention Without Trial Laws - (a) ISA; (b) Emergency Ordinance [ Emergency (Public Order and Prevention Crime) Ordinance 1969]; and (c) Dangerous Drugs (Special Preventive Measures) Act 1985 (DD(SPM)A).

See earlier postings:-

Another arrested under Detention Without Trial Laws
PR must release immediately all under ISA and Detention Without Trial Laws...

Thus, we must again reiterate the call for the repeal of all Detention Without Trial Laws.

We call again for the immediate and unconditional release of all currently under Detention Orders, and Restriction Orders.

With the release of HINDRAF 3, we saw the attempt to impose Restriction Orders - it was praiseworthy that Uthayakumar publicly refused to agree to any such conditions.

Civil society and all good persons must also shout out against the injustice now befalling these so-called 'Ah Longs' . They may not be prominent persons - but we must still be there for them, who are also victims of Human Rights..


nick said...

In Malaysia, rumor tend to be true! So that means that Ah Long are actually backed by a BN political party must be true? Heck, we have super efficient police... They can't book these Ah Long? That's odd? Police are champion against triad... a couple of Ah Long should be kacang puteh maa...!

Hulk said...

If you want to arrest all this Ah Long, 1st step is confront Michael of MCA guy to reveal all this Ah Long chap.

Why is he qiuet or dumb over it? Why is he so fondly handling all this ah long thing? Why is he not revealing the identity of this National threat Ah Long?

Why not send hundreds of this cops to arrest this Ah Long rather then capturing civilians over hunger strike or peaceful gathering?