30 Sep 2016

King can’t remove PM, says ex-AG Abu Talib

KUALA LUMPUR: A prime minister can be removed only through established convention or a court judgement, says former attorney-general Abu Talib Othman in disagreement with a lawyer representing former PM Mahathir Mohamad.

“Whether the Prime Minister should remain in office is decided by the majority of MPs,” he said.

For this to happen, he said, a vote of no-confidence needed to be moved in Parliament. Alternatively, he added, a majority of MPs could make a representation to the Yang diPertuan Agong that they no longer supported the Prime Minister.

“This is the legal principle established by the Federal Court in 2010 after the Perak case, following the fall of the Pakatan Rakyat government.”

Abu Talib made his remarks in response to a statement by lawyer Mohamed Haniff Khatri Abdulla on Wednesday. He said the King was empowered to remove the PM.

Haniff, who represents Mahathir in civil cases, said the Federal Constitution clearly stated that “the power to appoint includes the power to dismiss.”

He drew attention to Article 40 (2) (a) of the constitution, which states that the King may act in his discretion in the appointment of a prime minister.

Article 40 (2) (a) does not make any reference to the power to dismiss, but Haniff referred to the interpretation provision in the 11th Schedule of the constitution, which states that where a written law confers upon any person or authority a power to make appointments to any office, the power shall be construed as including the power to dismiss or suspend.

Because the schedule was made alongside the constitution, he argued, ignoring the former would make the latter incomplete.

Abu Talib said a general provision in the schedule could not be used as a basis to remove the chief executive of the government.

He said the provision cited by Haniff could be used only to remove ministers as the King appointed them on the advice of the Prime Minister.

Source :  http://www.freemalaysiatoday.com/category/nation/2016/09/30/king-cant-remove-pm-says-ex-ag-abu-talib/

Dr M calls Najib a ‘saboteur of democracy’

While Prime Minister Najib Abdul Razak had rebuked his opponents of trying to oust his democratically-elected government, his archnemesis Dr Mahathir Mohamad said it was Najib who is against democracy.
"Najib claims his government is democratic and any attempts to remove it is against democracy. This is a baseless claim and laughable.
"A practice accepted in democracy is the removal of leaders who have failed, unsatisfactory or done wrong against the country," said Mahathir in a blog posting yesterday.
The former prime minister said this is seen in Australia, United States, Britain and Brazil where their leaders quit or were removed before their term was up.
"What has happened now is Najib has rejected democracy. The evidence is overwhelming," said Mahathir.
He said among the example was the absence of the separation of powers as Najib now controlled the legislative, executive and judiciary, while MPs are forced to comply with the prime minister's will.
This resulted in the inability to bring a no-confidence vote against Najib in Parliament.
He added that civil servants, police, the military, businesspersons as well as the media were also being made to submit to Najib or face retribution.
Mahathir also noted that the newly introduced National Security Act 2016 disallows an inquest in the event a citizen or a member of the security forces is killed.
"All this is clear evidence that Najib has destroyed democracy in this country.
 "The one who should be arrested and charged in court is Najib for sabotaging democracy in Malaysia.
"As long as Najib is the prime minister, Malaysia will not be democratic. Far from it, Malaysia will have an iron fist government that does not adhere to the rule of law," he said.
Najib had accused Mahathir and his allies of trying to oust his government to make way for his son, Mukhriz, to be prime minister.
However, Mahathir claimed he is out to remove Najib over wrongdoings in the 1MDB scandal, where billions of ringgit have allegedly gone missing.
Najib had repeatedly denied taking public funds for personal gain.

Read more: https://www.malaysiakini.com/news/357383#ixzz4LiGJqZYl

Can ex­AG Gani challenge his sacking now?

Following the much­anticipated appearance of former attorney­general (AG) Abdul Gani Patail at last week’s International Malaysian Law Conference, one question has arisen, namely whether he could take legal action over his abrupt removal on July 28 last year.

Former Malaysian Bar president Kuthubul Zaman Bukhari, who was on the panel with the former AG, suggested that Gani take action over his sudden removal from being the top prosecutor in the country, and also who led the special task force comprising several agencies to investigate 1MDB.

Kuthubul opined there ought to be checks and balances following Gani’s sudden removal.

Gani himself, who was posed with the question, was not direct in his answer but said that unlike judges or the auditor-­general, the AG does not have security of tenure as it was up to the PM to remove the AG “at his whim”. However, Gani said he stands to be guided on this issue.

To challenge a decision by a person in authority can be done through a court by way of judicial review before the High Court.

It is the High Court who could grant an order of mandamus (to compel) or certiorari (to quash) an order. This follows as a civil servant requires a proper hearing before one is removed from office.

29 Sep 2016

Don : Najib not the right person to speak for Agong,

Prime Minister Najib Abdul Razak is not the right person to speak on the Yang di-Pertuan Agong’s behalf regarding His Majesty’s position on the Citizens' Declaration, said constitutional law expert Abdul Aziz Bari.
Most countries with a constitutional monarchy would have its own establishment that can speak on the palace's behalf, rather than speaking through the prime minister, he said.
“What more, in this case we are talking about the position of the prime minister that has become an issue.
"In a way, it is a conflict of interest,” he told reporters after attending a forum in Shah Alam as a panellist yesterday.
He was asked to comment on Najib’s statement last Wednesday that the Agong had told him about Parti Pribumi Bersatu Malaysia (Bersatu) adviser Dr Mahathir Mohamad’s royal audience a week earlier.
Mahathir was reported to have brought with him the Citizens' Declaration - which calls for Najib’s removal from office and for institutional reforms - and photos purported to be that of 1.3 million documents signed by the public.
Najib said the Agong had told Mahathir His Majesty could not be involved.
“This is as the declaration made by Bersatu was not in accordance with the constitution.
"Any action should be in line with accepted practices via the parliament and electoral system for the rakyat to make their decision,” Najib said.
Truly reflecting palace views?
Aziz yesterday said the Agong would ideally rise above politics and play a non-partisan role, especially in the tumultuous times Malaysia is facing now.
He said he believes it would not be proper for the palace to reject the Citizens' Declaration outright.
Therefore, he said, Malaysians are left wondering whether Najib’s statement actually reflects the palace’s view of the petition.
“We are wondering what is actually the sikap, or the attitude, or the stance of the Yang di-Pertuan Agong in particular, and the Conference of Rulers as a whole.
“Because this is a matter involving the prime minister, so I don’t think he is the right person to speak on (the Agong's) behalf,” he said.

Read more: https://www.malaysiakini.com/news/357279#ixzz4LdZu3T9n

1MDB scandal is quite damaging, concedes Nazir

In an interview with the magazine Euromoney, CIMB bank chairperson Nazir Razak shares his views on the 1MDB scandal and being dragged into the imbroglio.
Published in its September issue, the article's writer noted how two days before the meeting with Nazir, a brother of Prime Minister Najib Abdul Razak, the United States Department of Justice filed a civil suit in relation to alleged abuse of 1MDB funds.
"When you agree to an interview, you don't imagine what's going to happen two days beforehand," Nazir had told the writer, who claimed that the banker honoured the interview against the advice of his communications advisers, "three of whom joined us in the room with a barrage of notebooks and tape recorders".
Responding to a question on the impact of the 1MDB scandal on Malaysia at an international level, Nazir conceded that it has never been harder to represent Malaysia than it is now.
He described it as "quite damaging."
"Investors today have a choice. They have vast choice. And Malaysia, even with everything else being equal, has a challenge, because we are a small economy, and we have strength but we also have this weakness that we are relatively small.
"If I set up in Indonesia, I've got a market of 200 million people. Malaysia's 10 percent of that.
"I've always maintained Malaysia has to work harder, much harder than the bigger markets. And a situation like that… when investors see something like the 1MDB fiasco, and don't understand it, they are left to question whether Malaysia condones the weak governance practices that were evident, and [they] have questions about the big institutions. It makes it difficult for us to promote Malaysia," he said.
Responding to the revelation that linked him to the 1MDB issue, which prompted the banker to go on leave pending CIMB's internal probe, Nazir said he was upset to have found himself in that position.
'I knew I wasn't doing anything wrong'
"We have our own laws and regulations and practices, so within that I knew I wasn’t doing anything wrong," he says. "But when the story came out in the WSJ, external observers were wondering: what on Earth is this? So that's why I had to take the step to clear my name.
"And the reason why this story comes up is because of the questions around the legitimacy of the funds that I was given, that's why it became a story. Without that, there's no story."
To a question, Nazir said he believed the money he had helped channel for his brother was campaign donation.
"And that may not be a done thing in all countries, but that happens in many countries in an election period.
"I'd say that I found it… it was upsetting to be dragged into this whole 1MDB controversy.
"I'd never in my wildest dreams thought that what I was asked to do had anything to do with 1MDB. So when the furore came out and it got linked to 1MDB, of course it was very upsetting, because I was determined that CIMB be nowhere near 1MDB," he said.
Though being cleared of any wrongdoing on his part, Nazir, according to the article, suggested that from an international perspective viewpoint, it does not look normal for a bank chairperson to distribute US$7 million of contributions to political parties through his own account at the behest of a sibling prime minister.
"Every time we deal with CIMB now, this is going to be flagged by compliance and we will have to explain why," the magazine quoted one international banker as saying.
Nazir was also questioned on how CIMB was affected by his name being linked to 1MDB, to which, he replied: "There are always incidents and challenges, and the key thing is how banks respond to them.
"In this instance it was very much a personal matter, and I dealt with it in that way. It wasn’t so much about CIMB; it was my account that happens to be in CIMB, as you would naturally expect. I would like to think we've kept CIMB very much away from this whole thing."
In the Euromoney article entitled, "CIMB's Nazir battling Malaysia’s demons", there is also a Game of Thrones-inspired image of a Malay warrior in the middle of two armies.
Commenting on this in an Instagram posting, the banker remarked: "Although flattering me with the super-muscular appearance, the artist is not giving me much chance of survival, in the middle of two fierce-battling forces! Oh well, so long as I think I did right by Dad's legacy and kids are proud."

Read more: https://www.malaysiakini.com/news/356961#ixzz4LbrqCAVv

26 Sep 2016

Walk the talk, TMJ tells Najib

Johor Crown Prince Tunku Ismail Sultan Ibrahim told Johorean football fans that he had informed Prime Minister Najib Abdul Razak to implement policies and not just talk.
This, he said, was after he expressed his concerns about the country's political stability to the premier.
Recounting his meeting with Najib, Tunku Ismail said he also told the PM that he was worried about what will happen to the country in the future, for despite their differences of opinion, the federal government and the royalty are interlinked.
"If you were to pinch my left thigh, my right thigh will feel it too."
He added that he had also asked to know about present government policies, and gave the PM a piece of his mind about the matter.
"Then I advised him to implement whatever it is, and not just talk. And from now on, its time to move forward," he said.
His comments were detailed in a post on the Johor Southern Tigers Facebook page describing a dialogue session he held with Johor Darul Takzim football fans and the media yesterday.
The crown prince had met with Najib in August, at the latter's official residence, Seri Perdana, in Putrajaya.
Meanwhile, Tunku Ismail said Johor is independent and neutral, and that he speaks out for the people, not because anyone is his enemy.
"Don't only think of yourself. I'm sad, (and) as His Royal Highness the Sultan of Johor stated lately, most politicians nowadays are busy pursuing more power.
"They sacrifice for power more than they do for the people."
Unlike other royalty, who prefer to keep a low profile, Tunku Ismail has a penchant for taking potshots at the federal government, mostly on Facebook.
He was previously embroiled in a public feud with Tourism and Culture Minister Mohamed Nazri Abdul Aziz who criticised the prince for being too vocal, especially in remarks he made against the government.


Source : https://www.malaysiakini.com/news/356820#ixzz4LLvoeCeG

19 Sep 2016









醒来吧,这些所谓的华文教育领袖!我希望你们流芳万世,不是遗臭万年!(KKT &PWY)


#中国报 19/9/2016

中国报夜报 19/9/2016
中国报早报 19/9/2016