Random Links 288 (“Achtung” Malaysia Edition)

Prayer Wall for Malaysia

The wall is still up and open for ALL to post up their prayers.
Prayers for ALL ISA detainees

This is what was exactly on my mind after looking through the list.

When we think of ISA detainees, we think of what Raja Petra, Teresa Kok and the Hindraf Five must be going through now. But there are about 60 other detainees; that’s a whole lot of human suffering, including that of their families.

The full list of ISA detainees can be found here.

Hartal ISA on standby mode

I have the movie by Fahmi Reza and we were supposed to watch it together with friends followed with a discussion. Never did we imagine that we might have a role to play in the “new edition” did we?

Anwar’s options

For those who are trying to figure out what is going on and why the drama continues.

Penghijrahan Ahli Parlimen Adalah Proses Demokrasi

Discussion on the morality of the actions of MPs continue . whatever position one takes, this whole process of debate is very educational .

Majlis Peguam, Harris Ibrahim dan Sean Ang dilaporkan dalam New Straits Times pada 10 September 2008 sebagai berkata Ahli-Ahli Parlimen yang mahu berhijrah ke parti lain adalah sah di sisi undang-undang, tetapi tidak bermoral.

Menjawab perkara ini, adalah perlu untuk menarik perhatian kepada beberapa prinsip-prinsip asas menyentuh persoalan moraliti penghijrahan MP-MP:

1) Penghijrahan ke sebuah parti politik lain sebagai seorang MP bukanlah sesuatu yang baru dalam demokrasi berparlimen. Sekiranya MP terbabit berhijrah bukan atas dasar kepentingan diri, tetapi atas nama kepentingan penduduk yang diwakilinya, maka tindakan beliau itu harus dipuji.

Baling Batu Sembunyi Tangan

I too wonder what is the role of the Agung in unprecedented times like this.

The king needs to intervene

Let’s hear from a professor of law at the International Islamic University Malaysia.

How does the king come to the picture in the present impasse? As a matter of law, the king has to act on the advice of the government. And thus, although the constitution does not say it, he must ensure that he has a government at all times.

And when there is a situation where there are questions and claims being about the fitness of the sitting government, the king should not just suit back and wait: he must move forward and take charge of the situation.
Apart from his constitutional duties, apparently, in our system now, there is no one else to do so. We cannot rely on the government for its legitimacy – some may say its legality – to stay in power is very much in question.

As a matter of protocol it might be improper for Anwar to go the palace now. As such, the king should send for him in order to furnish him with the list of MPs he has been claiming.

Of course, the king has every right to speak with MPs to ascertain the truth. This was indeed done by the Rulers of Selangor and Perlis in the aftermath of 12th general election last March.

Should the king find that the claim of Anwar – that he has got enough MPs to form the government – to be true then the king should tell Abdullah to tender his resignation.

As has been stated above, a prime minister who has lost the support of the House has a legal duty to resign together with his entire cabinet.

Easier said than done

Another professor chips in .

What are the options available to the government to thwart this?

Legally, they can’t do anything unless the Agong decides to do something. If the PM says he does not want the Parliament to resume in October, he can advise the Agong on this. But, the Agong may not listen. He can do that. If he does that, it means he disregards his duty to listen to the Constitution (because the Agong should act on the advice of the PM). But what can you do? You can’t take the Agong to court. For instance, like in the case of the appointment of Terengganu Mentri Besar whereby the King, or rather the Sultan, had defied the advice of the PM.

So, their (BN government’s) best recourse is to try to work with the Agong, with the hope that the Agong will follow the Constitution.

If the government is properly elected to power, we must follow the rules. If a government is formed according to the law, it must be dismissed according to the law. And the law says, there must be a vote of no confidence.


It’s common that the Chinese media reports stuff the rest don’t.

部落客邱登水(Bernard Khoo)在记者会上表示,他相信民联已有足够议员人数以组织新政府,可是人民已感到疲累,组织新政府的计划可否莫再展延?安华表示,我国并非一般的民主国家,《内安法令》随时候命,因此民联有必要保护已答应退出国阵的国会议员。




About Sivin Kit

man of one wife, father of four kids
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