The talk I loved most (or actually stayed awake most of the time XD) was given by YBhg Dato' Mohd Noor Abdullah, an ex-Court of Appeal Judge. Since I'm not writing word for word and it's just what I understood from his session, whatever written or stated in this post should not be taken seriously without careful consideration of the Federal Constitution and if any; are a mere statement of opinions from either him or me. So, please do not hold YBhg. or me liable since it's merely an educational comment on several articles on the Federal Constitution.
Federal Constitution : Analyzing the Current Challenges
1. Distinctions between West and East Malaysia
Ever since young, when I looked at an activity book or even a newspaper... I'd notice that there will always be two prices. One for West Malaysia, the other for East Malaysia. Though I found it funny, I didn't really question it because I know I wouldn't be able to get an answer for it. After all, both the Penisular and East Malaysia are essentially Malaysia. Besides that, it doesn't raise too much of an eyebrow since I'm from the Penisular and the price for things according to the tag in Penisular is cheaper (LOL). Anyway, back to the point, being a united country, do we really need to put a distinction in a country that is supposedly one? We aren't like North Korea and South Korea which is divided by two different government with radically different views. Malaysia a supposedly united country which has only one identity. Therefore, why the distinction? Why a need for a higher price? Can't they just print the books there with the information posted over the net for printing? Can't we share the burden?
1. Name, States and territories of the Federation
EXPLANATORY NOTES:
Article 1(2):
The present Article without Clause (4) was inserted by Act 26⁄1963, section 4, in force from 16-9-1963 (i.e. when Malaysia was established). Act 59⁄1966, section 2, in force from 9-8-1965 (i.e.the date Singapore left Malaysia) amended Clause (2) by deleting therefrom paragraph (c) which read as follows:
"(c) the State of Singapore.".
The present Clause (2) was substituted by Act A354, section 2, in force from 27-8-1976. This Clause before its substitution by Act A354 was amended by Act 26⁄1963, section 4, in force from 16-9-1963 (i.e. when Malaysia was established) read as follows:
"(2) The States of the Federation shall be—
- (a) the States of Malaya, namely, Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Terengganu;
- (b) the Borneo States, namely, Sabah and Sarawak; and
- (c) the State of Singapore.".
Focusing on the underlined words/ sentences, the Federal Constitution (FC) did not put a distinction between East and West/Penisular Malaysia.If any, in A1(2) FC; it was done a long long time ago before Singapore was removed, whereby the name of the groups which are the Malaya States, the Borneo states and State of Singapore was recognized independently. However, that clause has already been substituted by Act A354, section 2, in force from 27-8-1976. Therefore, with almost four decades since this amendment, why are we still segregating ourselves from each other? Malaysia is ONE FEDERATION and is ONE MALAYSIA, with the government promoting the 1Malaysia concept, have they forgotten about this as well? As a country that promotes oneness, I believe that the country should hold true to its Constitution and acknowledge each other as one and the same; Malaysians despite coming from different states. Hence, I implore the government to charge 1Price albeit higher but the burden is shared by 1Malaysia as we are one country that should share the benefits equally if it is provided for one country.
2. Distinctions between race and communityThe race column. In Malaysia, when filling up any forms, there is always or usually; a column that requires you to fill in your race/kaum and another column to state whether you are a bumiputra (early pioneers of the land) or otherwise. Since we've always been filling it up without thinking twice (or usually we don't bother), ask yourself this question now... WHY do we need to put a distinction between the races? Do we really need to do so and is it a requirement set by the government due to the Federal Constitution.
I've tried searching for race in relation to the segregation of race based on the normal Malay, Chinese, Indian, and Others Criteria. Surprisingly, there is nothing in relation to race other than for the segregation of race for the natives of Sabah and Sarawak as well as a general reference to race. Rather, if there is any reference to the usage of race to segregate the Malay, Chinese, Indians or Others; there is only the word community to refer to the other races. Hence, why are we always harping on each other's throats on racism among us? Our constitution does not encourage us to separate ourselves based on race, rather it respects the other communities. Where has this respect gone in this day and age? **Just as a side note, the word community was not amended from race.3. Privileged MalaysiansThe next question that arises is who are the privileged people in Malaysia? Who does the Federal Constitution protects most?
Dun dun dun dun... It is the aborigines! Article 153 states that special reservation the YDPA has to provide for the Malays and natives of the states of Sabah and Sarawak. Then, in Article 161a and Article 8(5), recognition is given to the superior position of the natives of the Borneo states. Then, the next juicy question that arises is...4. Malay LanguageMany people have a misconception that the Malay Language is the National Language. But it really is the other way around. Take a closer look at our Federal Constitution. It took on the Malay Language as the national language not, the Malay language is the national language. Hence, there is a difference. Take for example; Selena continued drinking until she found that that man shall be is the gigolo.Selena continued drinking until she found that that gigolo shall be is the man.
FEDERAL CONSTITUTION
(2) In this Constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—
"Aborigine"
means an aborigine of the Malay Peninsula; (**Malay Penisula ~ the Federation)
"Malay"
means a person who professes the religion of Islam, habitually speaks the Malay language, conforms to Malay custom and—
(a) was before Merdeka Day born in the Federation or in Singapore or born of parents one of whom was born in the Federation or in Singapore, or is on that day domiciled in the Federation or in Singapore; or
(b) is the issue of such a person; (**issue ~ child)
Chapter 4 Land
89. Malay reservations
(5) Without prejudice to Clause (3), the Government of
any State may, in accordance with law, acquire land for the settlement of
Malays or other communities, and establish trusts for that purpose.
Part XII GENERAL
AND MISCELLANEOUS
152. National language
(1) The national language shall be the Malay language and
shall be in such script as Parliament may by law provide:
Provided that—
(a) no person shall be prohibited or prevented from using
(otherwise than for official purposes), or from teaching or learning, any other
language; and
(b) nothing in this Clause shall prejudice the right of
the Federal Government or of any State Government to preserve and sustain the
use and study of the language of any other community in the Federation.
I've tried searching for race in relation to the segregation of race based on the normal Malay, Chinese, Indian, and Others Criteria. Surprisingly, there is nothing in relation to race other than for the segregation of race for the natives of Sabah and Sarawak as well as a general reference to race. Rather, if there is any reference to the usage of race to segregate the Malay, Chinese, Indians or Others; there is only the word community to refer to the other races. Hence, why are we always harping on each other's throats on racism among us? Our constitution does not encourage us to separate ourselves based on race, rather it respects the other communities. Where has this respect gone in this day and age? **Just as a side note, the word community was not amended from race.3. Privileged MalaysiansThe next question that arises is who are the privileged people in Malaysia? Who does the Federal Constitution protects most?
153. Reservation of quotas in respect of
services, permits, etc., for Malays and natives of any of the
States of Sabah and Sarawak
(1) It shall be the responsibility of the Yang
di-Pertuan Agong to safeguard the special position of the Malays and
natives of any of the States of Sabah and Sarawak and the legitimate
interests of other communities in accordance with the provisions of this Article.
(**there's more clauses but it's basically the repetition for different situations for Malays and natives of
any of the States of Sabah and Sarawak only hence I don't want to make this post too long)
(5) Article 89 shall not apply to the State of Sabah or Sarawak...
Chapter 4 Land
89. Malay reservations
Part XII GENERAL
AND MISCELLANEOUS
152. National language
(1) The national language shall be the Malay language and
shall be in such script as Parliament may by law provide:
Provided that—
(a) no person shall be prohibited or prevented from using
(otherwise than for official purposes), or from teaching or learning, any other
language; and
(b) nothing in this Clause shall prejudice the right of
the Federal Government or of any State Government to preserve and sustain the
use and study of the language of any other community in the Federation.
(6) In this Article,"official purpose" means any purpose of the Government, whether Federal or State, and includes any purpose of a public authority.
5. Secularization of SchoolsIt is clear in Article 152 (b) in FC that
(b) nothing in this Clause shall prejudice the right of the Federal Government or of any State Government to preserve and sustain the use and study of the language of any other community in the Federation. Therefore, it implies that the FC respect community schools and allows the use of another language even if for official purposes. Therefore, the FC acknowledges and respect the non-secular schools as well.6. Power of the YDPA (the King of Kings)How much power does the YDPA in Malaysia has? Do they have any powers at all?
Chapter 3 The
Executive
The executive authority of the Federation shall be
vested in the YDPA ..
(1) In the exercise of his functions under this
Constitution or federal law the Yang di-Pertuan Agong shall act in accordance
with the advice of the Cabinet or of a Minister acting under the general
authority of the Cabinet, except as otherwise
provided by this Constitution; but shall be entitled, at his request, to any
information concerning the government of the Federation which is available to
the Cabinet.
(1a) In the exercise of his functions under this
Constitution or federal law, where the Yang di-Pertuan Agong is to act in
accordance with advice, on advice, or after considering advice, the Yang
di-Pertuan Agong shall accept and act in accordance with such advice.
(2) The Yang di-Pertuan Agong may act in his discretion in
the performance of the following functions, that is to say:
(c) the
requisition of a meeting of the Conference of Rulers concerned solely with the
privileges, position, honours and dignities of Their Royal Highnesses, and any
action at such a meeting,
and in any other case mentioned in this Constitution.
In other words, I believe it means that the YDPA is a living puppet that has to accept whatever the Parliament advices (like the British advisiors ~more like commands) him though he has executive authority in the country. Poor King... His Royal Highness deserves more respect and power than that! Just a figurehead other than what is provided by A40(2) but subsection (a) is definitely not really under the King's authoritative power to choose, (b) is merely keeping the stability of a current government body that is holding power. Hence, where is his power? Basically, just to hold meetings for the Conference of Rulers. We have a powerless King that has to be the Yes-man for the country.Should it really be like that? The King must surely have more power than being a figurehead. He is the one man every citizen looks at to save the country. After all, there is no King without his nation and there is no nation without their King. If the King lets a group of crazy people lead the people into doom because he can only say YES to all their requests, wouldn't we be putting ourselves in a very risky situation? Therefore, the King should really have the discretion to have the Final Say unless the Conference of Rulers finds that the King is unsuitable due to him being unable to think reasonably.GOSH... This post is bloody long post and the talk barely lasted more than 1 hour and 30 minutes! XD... Oh well, hope you enjoyed it.
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