aka Malaysian Rule of Law.
I was wondering what ‘alternative Merdeka message’ I could write, and I got to thinking about the concept of the ‘Rule of Law’ viz Malaysia.
The concept was first postulated by one British Legal boffin A.V. Dicey, and is something which every Intermediate Law student should know by heart:
A.V. Dicey’s theory on the Rule of Law
Primarily…No man could be punished except for breaches of law. In other words, all government actions must be authorised by law.
But what laws do we have? Bad laws: Internal Security Act, Sedition Act, s.377 [Sodomy], S.27 Police Act [no public assemblies without police approval], Official Secrets Act, University and University Colleges Act, Printing Presses and Publications Act, new upcoming DNA Act … the list goes on.
The Criminal Procedure Code does not adequately protect you if you are ever called in ’to assist in investigations’ – as such the police can freely treat you like a common criminal - your name smeared in the press, denied police bail, subject to violent interrogation – even before you’re charged.
What ‘rule of law’ is this?
Secondarily…No man is above the law and everyone, regardless of rank, is subject to the ordinary laws of the land.
But in Malaysia, good people who expose the truth are hunted down, hauled up and charged, while the evil are allowed not only to roam free and carry on but left to remain in positions of absolute power.
What ‘rule of law’ is this?
Finally…The courts are the final protectors of citizen’s rights – judicial decisions determine the rights of the private person.
KORRECK KORRECK KORRECK! - As long as the evil ones remain in position of absolute power, expect the plans to set up an independent Judicial Appointments Commission to go the way of the IPCMC [Independent Police Complaints and Misconduct Commission]
Rule of Law? Where?
The other day I parked at the usual spot in from of my neighbourhood supermarket. It is not a designated parking area but nevertheless, set away from blocking the traffic flow. Brickfields at any time of the day is a full-on parking nightmare – too many cars, too few parking spots. Cars are double parked and placed in any available nook along the roads.
Needless to say, upon my return, a ticket was flapping happily in the breeze under my windsceen wiper. Last year I received the same ticket, of which I was required to pay a RM15 compound. Today the compound has been upped to RM100.
I decided not to pay – if there are no legitimate parking spaces, how do you expect me to park legitimately?
The ticket is tucked away under my sun visor along with the six other outstanding summonses for speedtrap offences over the years - 0.1km/h above 120km/h on the highway will get you one. [On your handphone, type "POLIS SAMAN <your car number> SEMUA" and sms to 32728, and see how many you have.]
Last night I was caught in a two hour crawl driving from SS5 PJ to KL. More of the same as I hit the Federal Highway. I usually try and maneuvre between lanes to try and follow the fastest flowing one, but this time, I said to hell with all that and zipped along on the emergency lane from the Jalan 222 junction all the way past Kuen Cheng school.
All the while, I was thinking, if a cop flags me down, I’m going to say ‘if you can’t do anything to ease traggic congestion, if DBKL can’t widen this old highway, hell, I’ll ‘widen’ it myself. If you have no other work but to chase down traffic violators while the big criminals run riot, go ahead encik - saaaaamanlaaa!’
I’ll tear up the saman and use it as toilet paper.
Take me to court? Takelaa. How much can they fine me? And if I refuse to pay, how long can they jail me for a traffic offence?
I saw a few hundred Malaysian flags fluttering from lamposts along the highway last night – I could have stopped by and cut one down, taken it home and hung it on my balcony. I’m not stealing, I’m merely displaying the flag somewhere else. Hanging the flag is how they gauge ‘patriotism’ right? You don’t like it? Catch me, smear my name in the papers and charge me in court, while the evil ones continue free and undisturbed.
Malaysia’s ‘rule of law’ - bad guys roam free and abuse their positions but you and I get samanned for minor infringements.
In times like these, some civil disobedience is good.
With this in mind, I was thinking of an ‘alternative’ Merdeka song to play as I usher in the Merdeka, and I chose this one, dedicated to our men in blue who have nothing else better to do…
True to form, I just now spotted them manning their usual roadblock along the road past the old railway station leading to Central Market, stopping bikes and cars to presumably halt any dissidents joining in the Merdeka festivities tonight – we simply can’t have these ingrates joining in, can we?
Rule of Law, it seems.
[Warning warning! Parental advisory: Explicit lyrics
- do not click 'play' if you are easily offended]
















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