(Petaling Jaya, Friday):
This morning, together with five other DAP leaders and officials arrested by
the police at Pandamaran, Klang on August 25 in connection with the “No to
929” campaign, and the six bailors, I went to the Klang Magistrate’s Court
at 8.30 a.m. sharp, as required by the RM1,000 police bond imposed on us after
I checked with the court registry, spoke to the most senior magistrate and
finally asked the police prosecution unit based at the court – but nobody knew
about our cases. After more than half an hour, we were asked to wait until the
police get further instructions as to what to do with us, as they had received
no directive to charge us, although we were all arrested under Section 4 of the
Sedition Act 1948.
We decided however that as the six arrested had fulfilled our RM1,000 police
bond to report at the Klang magistrate’s court at 8.30 a.m. this morning, and
as the police did not know what to do with us, the arrests effected on us on
August 25 were no more in force and
“freed” ourselves and released our six bailors, and that if the police
wanted to pursue the matter, they could re-arrest us.
We deplored the irresponsible police action at a media conference at the Klang magistrates court, as making
a fool of themselves, the six DAP leaders arrested, the six bailors and the
This is the third time I had been arrested under the Sedition Act in
connection with the “No to 929” People's Awareness Campaign, and the fifth
time the police had launched police arrest actions against DAP activists since
the start of the campaign four months ago in early May.
The police and the Attorney-General’s Chambers have had ample time to decide whether the “No to 911, No to 929, Yes to 1957” People’s Awareness Campaign, the campaign pamphlets, posters and the “No to 929” book are seditious and an offence under Section 4 of the Sedition Act.
The Attorney-General Datuk Gani
Patail should explain why he has
not advised the police to stop abuse of powers
and violation of human rights by
police harassment and criminalisation of
of DAP’s “No to 929” People’s Awareness campaign, as Section 5 of
the Sedition Act is very specific that no person shall be prosecuted for an
offence under Section 4 of the Sedition Act without the written consent of the
Public Prosecutor, and the matter had been first referred to the
Attorney-General’s Chamber immediately after my first arrest on June 5 by the
It is totally inconceivable and unthinkable that the ‘No to 929” campaign
could be seditious and an offence under the Sedition Act or Malaysia would have
a seditious Constitution, three seditious Prime Ministers and a seditious
This is because the “No to 929” campaign is to defend and uphold the 1957
Merdeka Constitution, the social contract and the 1963 Malaysia Agreement that
Malaysia is a democratic, secular and multi-religious nation with Islam as the
official religion but Malaysia is not an Islamic state, whether UMNO Islamic
State or PAS Islamic State.
This is a fundamental constitutional position which had been declared by the
first three Prime Ministers, Tunku Abdul Rahman, Tun Razak and Tun Hussein Onn
and upheld by the highest court of the land.
This morning, I distributed to the reporters at the Klang Magistrates’
Court a sheaf of documents to prove that the objective of the “No to 929”
campaign is patriotic and nationalistic
constitutional and historic support, viz:
“Kuala Lumpur, Thurs – Malaysia should never be turned into an Islamic state, former Prime Minister Tunku Abdul Rahman said tonight.
“He said that Malaysia was set up as a secular State with Islam as the official religion and this was enshrined in the Constitution.
“’The Constitution must be respected and adhered to. There have been attempts by some people who tried to introduce religious laws and morality laws. This cannot be allowed.
“’The country has a multi-racial population with various beliefs. Malaysia must continue as a secular State with Islam as the official religion, he advised UMNO.
“The Tunku was speaking at a birthday party hosted by the Barisan Nasional at Wisma MCA here.”
“Kuala Lumpur, Sat – Former Prime Minister Tun Hussein Onn has supported Tunku Abdul Rahman’s view that Malaysia should not be turned into an Islamic State.
“Tun Hussein said today that any move of this kind was neither wise nor practical.
“’The nation can still be functional as a secular State with Islam as its official religion,’ he said.”
The editorial said: “Tunku serta beberapa pemimpin berikutnya telah membuktikan yang masyarakat Malaysia sebenarnya memerlukan sebuah negara secular dengan Islam sebagai agama rasmi. Dengan corak sedemikianlah negara kita mencapai kemajuan yang mengkagumkan dunia luar dan kita sendiri.
“Nasihat Tunku ini sangat kena pada masanya kerana sejak akhir-akhir ini kita mendengar bermacam-macam keghairahan timbul di kalangan pemimpin dan rakyat yang mahu menukarkan undang-undang negara ini kepada undang-undang Islam dan menjadikan Malaysia sebagai ‘Islamic state’.”
It must be a matter of grave national concern, which should be given priority
attention in the coming meeting of Parliament, that police officers have such
shallow understanding and even ignorance of the fundamental principles of the
Malaysian Constitution, the history
of the 45-year nation-building and the important constitutional documents of
the country, whether the Reid Constitution Commission Report or Cobbold
The Police must not be the first to forget history.
There is an urgent need for the Attorney-General to ensure that the police
understand the fundamental principles
of Malaysian Constitution and not to regard those who seek to defend and uphold
the 1957 Merdeka Constitution, the social contract and the 1963 Malaysia
Agreement that Islam is the official religion but Malaysia is not an Islamic
state – whether ala-PAS or ala-UMNO – as having committed the
offence of sedition.
The Inspector-General of Police, Tan Sri Norian Mai, should publicly
apologise for the spate of police violations of human rights and wrongful
arrests of DAP leaders and activists by criminalizing peaceful and legitimate
political constitutional activities and issue a nation-wide directive to the
police to end such police harassment and interference with the democratic