It’s been reported that Isma president Abdullah Zaik Abdul Rahman will be charged under Section 4(1) of the Sedition Act which makes it an offence to utter seditious words / publish seditious material for which he can fined a maximum of RM5,000, jailed up to 3 years, or both.
Words with a seditious tendency are those which can promote feelings of ill-will and hostility between the different races. Questioning the right/status/privilege of citizenship can also be considered seditious.
After the May 13 race riots, the Razak administration obtained the approval of Parliament on 3 March 1971 to approve amendments to the Constitution so that sensitive Articles on the Malay special position, the sovereignty of the Malay Rulers, and the citizenship of the non-Malays are placed beyond challenge.
Gerakan leader Dr Lim Chong Eu lent his party’s support to the amendment bill for the sake of the country’s peace and stability.
Abdullah Zaik will be charged in the Sessions Court later this morning at 9am for calling Chinese immigrants “penceroboh”.
His purportedly seditious words are contained in the Ismaweb article @ http://www.ismaweb.net/2014/05/kedatangan-pendatang-cina-bersama-penjajah-british-satu-bentuk-pencerobohan/
How did the Chinese transient labour obtain their citizenship?
Let’s look at the Reid Report prepared by the commission that drafted our 1957 Merdeka constitution.
“A common nationality”
The five Commonwealth jurists in the commission were headed by Lord Reid while the other members were Sir Ivor Jennings (UK), Sir William McKell (Australia), B. Malik (India) and Justice Abdul Hamid (Pakistan).
They were tasked to make their recommendations for constitutional arrangements pertaining to “a common nationality for the whole of the Federation” and “the safeguarding of the special position of the Malays and the legitimate interests of the other communities”.
The Federation of Malaya agreement was to bring together the Straits Settlements which had been governed as a Crown Colony, the Federated Malay States which had signed treaties with the British beginning 1874 (Pangkor Treaty), and the Unfederated Malay States of Perlis, Kedah, Kelantan and Terengganu which came under British protection in 1909 as well as Johor in 1914.
It was noted by the Reid commission that the Unfederated Malay States had a policy to “preserve the Malay way of life”.
“Rights and duties of citizenship”
The commission also said that the Merdeka Constitution was based upon the 1948 Federation of Malaya agreement (Perjanjian Persekutuan Tanah Melayu 1948).
The 1948 Constitution had a policy “that there should be a common form of citizenship in the said Federation to be extended to all who regard the said Federation or any part of it as their real home and the object of their loyalty”.
The commission recommended that citizenship should be open as of right even to those not born in Malaya:
“Those to whom this recommendation applies are very numerous, and, in order that a sense of common nationality should develop, we think that it is important that those who have shown their loyalty to the Federation and have made it their permanent home, should participate in the rights and duties of citizenship”.
BELOW: The number of citizenships granted to non-Malays between 1957 and 1970
The Reid Report on the Malay special position
The commissioners wrote:
“When we came to determine what is ‘the special position of the Malays’ we found that as a result of the original treaties with the Malay States, reaffirmed from time to time, the special position of the Malays has always been recognised. This recognition was continued by the provisions of clause 19(I)(d) of the Federation Agreement, 1948, which made the High Commissioner responsible for safeguarding the special position of the Malays and the legitimate interests of other communities. We found that there are now four matters with regard to which the special position of the Malays is recognised and safeguarded.”
The four matters are (1) Malay reserve land, (2) quotas for admission to the public services, (3) issuance of permits or licences for the operation of certain businesses, and (4) scholarships and other aid in education.
The Reid commission said:
“We found little opposition in any quarter to the continuance of the present system for a time, but there was great opposition in some quarters to any increase of the present preferences and to their being continued for any prolonged period. We are of opinion that in present circumstances it is necessary to continue these preferences. The Malays would be at a serious and unfair disadvantage compared with other communities if they were suddenly withdrawn. But, with the integration of the various communities into a common nationality which we trust will gradually come about, the need for these preferences will gradually disappear. Our recommendations are made on the footing that the Malays should be assured that the present position will continue for a substantial period, but that in due course the present preferences should be reduced and should ultimately cease so that there should then be no discrimination between races or communities.”
The Reid commission recommendation on the matter of quotas
The commissioners wrote:
“With regard to the existing quotas which we have referred to above we recommend that the Malays ought to have a substantial period during which the continuance of the existing quotas is made obligatory, but that, if in any year there are not enough Malay applicants qualified to fill their quota of vacancies, the number of appointments should not be reduced and other qualified applicants should be appointed in sufficient numbers to fill the vacancies. We recommend that after 15 years there should be a review of the whole matter and that the procedure should be that the appropriate Government’ should cause a report to be made and laid before the appropriate legislature; and that the legislature should then determine either to retain or to reduce any quota or to discontinue it entirely.”
Reply to Hannah Yeoh … Urm, how so very “racist” of Umno to facilitate one million Merdeka citizenships for your grandpa and grandma
Malaysia failing as a plural society
Apart from calling the Chinese “penceroboh”, Abdullah Zaik said too that the presence in Malaysia of the Chinese, who had colluded with the British to bully the Malays, is a historical mistake on the part of the Malays that needs to be corrected.
Over the last half century, the Malays have been fighting to safeguard their special position while the other communities have been fighting to secure their “legitimate interests”. Tun Daim once said: “Many a time, governing a country such as multi-ethnic Malaysia is akin to walking the tightrope, almost half the time is spent on maintaining balance on the wire”.
In the words of the Reid Commission, “the special position of the Malays has always been recognised” ever since the early treaties signed with the British and incorporated in the 1948 Malaya constitution. At the same time, the citizenship of the non-Malays is almost ironclad. It is not at all easy to strip Malaysians of Chinese ethnicity of their citizenship, and there are easily 7.5 million of them.
BELOW: Hypocrite Hannah who applied for Australian permanent residence, got rejected, slunk back to Malaysia, joined DAP and is today thumping her chest as a Bangsa Malaysia icon
What is the meaning of citizenship to the Chinese?
The Reid commission saw that “a common nationality was the basis upon which a unified Malayan nation was to be created”. The phrase “common nationality” is ubiquitous throughout the report.
The commissioners said that “under a democratic form of Government, it was inherent that all the citizens of Malaya, irrespective of race, creed or culture, should enjoy certain fundamental rights including equality before the law”.
They said that they “found it difficult, therefore, to reconcile the terms of reference [in drafting the Constitution] if the protection of the special position of the Malays signified the granting of special privileges, permanently, to one community only and not to the others”.
The founding fathers of the Alliance did not envisage “giving one community a permanent advantage over the other”.
But the founding Father & Son of the DAP have reaped grand political capital by endlessly telling the Chinese that they are “second class citizens”.
Firsters are the most patriotic … why certainly
The Reid commission recommended the granting of citizenship to those who regard Malaya as their real and permanent home. Fast forward a few decades … is applying for PR in another country, for instance, a manifestation of loyalty to Malaysia? Or is the PR applicant really a bird of passage, quite ready to migrate should she chance to be accepted by her desired host country?
The Reid commission also recommended the granting of citizenship to those who are willing to give Malaya their undivided loyalty. Is perennially praising Singapore but invariably dissing Malaysia the hallmark of a loyal citizen? Is cheering China badminton player Lin Dan when he plays our Malaysian ace Lee Chong Wei an act of patriotism?
Citizenship confers rights but it also requires duty. Among the most sacred duties of a citizen is to serve in the armed forces to preserve our national borders and security, and being ready to lay down one’s life to defend the country.
Another form of patriotism is to serve in the police force to maintain law and order.
If the individual is not up to the higher calling of either joining the army or the police, then the very least this person can do is to avoid running down his own country, ya? Yet we find some segments of Malaysian society constantly badmouthing Malaysia — during the crisis of the missing MH370 is a case in point.
Malaysia, world record holder for the most number of “disaffected” citizens
The Reid commission, when they did their work in 1956, had hoped for a future time when there would be no discrimination between races or communities. For this to happen, the less privileged, the marginalized and the communities lagging behind have got to be helped and brought up to par.
The Chinese in Malaysia stridently demand equality for themselves. Yet do we ever hear them expressing any concern for other communities who are still economically backward? After all, demanding equality also means, for example, seeing to it that the poorer Malaysians are “equalized” with the better-off Malaysians in their financial standing and professional qualifications.
The Chinese in Malaysia demand respect. You get what you give. For starters, show respect to the national language and speak it correctly.
Oral question = soalan mulut lah
How do we shape a “common citizenship”?
Isn’t its most fundamental aspect the ability for all Malaysians to communicate with each other? This requires a common tongue obviously.
Imagine if your mother took you to live in France at the age of seven, and today at the age of 64 after living 57 years in France you are still unable to speak French without sounding like you just stepped off the boat from Botswana.
Nonetheless you whinge piteously at the Frenchmen, “Why do you call me ‘pendatang’? I don’t understand.”
To reply Hannah Yeoh, we have a peace-loving Prime Minister who is trying his level best to keep the country on an even keel. By the way, I know many people who would gladly contribute to buy Hannah a one-way ticket for her to sail to Tasmania.
Going ballistic at the faintest hint of criticism
If the Malaysian citizen has nothing nice to say about his country, does he expect his fellow citizens to have many nice things to say about him?
And if the disenchanted citizens want to be treated better, perhaps it’s a small start if they begin to behave in a more charming manner? Just sayin’. Hey, don’t hate me because I’m being truthful.
The Reid commission believed that “with the integration of the various communities into a common nationality which we trust will gradually come about, the need for these [Malay special] preferences will gradually disappear”.
Since the Chinese have failed to integrate into a common Malaysian nationality even after close to 60 years, the Malay special preferences have not begun to gradually disappear either. No quid pro quo, leh.
The Reid commission had recommended that any citizen who does not obtain his citizenship by birth or descent should be liable to be deprived of it if he has shown himself in speech to be disloyal or “disaffected” towards the Federation.
Their recommendation above, which has been included in our Federal Constitution as Article 25(1)(a), can however only apply to naturalized citizens and not those born as citizens such as Hannah Yeoh and her ilk.
One thing about the DAP Chinese in Malaysia — they are highly allergic to criticism. Merely hearing a little something remotely unflattering about themselves, and kaboom! there’s no getting away from their inevitable supernova explosion of rage.
Yup, just the kind of “meek and mild” people every Malaysian would love to have living next door.