Should homosexuality be a crime?  

Should homosexuality be a crime in Malaysia? Right now, it is a crime.  Have no doubt about that. But it may not remain so for long. Homosexuality is usually defined as the romantic attraction, or sexual behavior, between members of the same gender.  The Malaysian Penal Code defines it as something entirely different.  It condemns it as an ‘unnatural offence’. Section 377A criminalises it as  ‘carnal intercourse against the order of nature’. The Malaysian ...

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Will corruption amnesty work? [Part-1: Analysing the Problem]

Do you think corruption amnesty will work in Malaysia? Is it the right way to tackle endemic corruption? Analyse the problem. A question for your conscience Corruption is the abuse of public office for private gain – both pecuniary and otherwise. What if we gave every corrupt person a chance to come clean within 6 months? Only if they don’t admit their crime should we put them – and those who enjoyed the fruits of their ...

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Can a court grant a gag order?

When former prime minister Najib Razak was charged in court two days ago, the High Court, in the exercise of its criminal jurisdiction and powers, granted an interim gag order. Najib’s lawyer argued that Najib should not be ‘tried by the media.’  The order sought to stop public discussions over the charges pending against Najib. The court said it would hear full arguments on the gag orders later.  It nonetheless granted ...

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Our execrable Education System

Long ago, Lat drew a cartoon. It compared a study on mosquitoes carried out by a foreign scholar and a Malaysian one.  The foreign scholar is shown with a stack of books (volumes 1 to 5).  The Malaysian scholar has a wafer-thin manuscript with an arrow that says: ‘Ini adalah nyamuk.’  Do you remember that? Lat should come out of retirement! That just about sums up the state of our schools. Most ...

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Are We One Nation or Three?

When our forebears commenced building Malaysia 61 years ago, we were a plural nation. We comprised of many ethnic groups. We still do. Somewhere along the way, things changed. We have lost that Malaysian identity.  Over the years, we have regressed into a form of forced cultural separation.  We have withdrawn, for refuge, into our respective ethnic groups. This does not bode well. A look at recent history might give some ...

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Can judges be hauled up before Parliament? How?

[GK Ganesan Kasinathan, Advocate and Solicitor, Kuala Lumpur] [20 June 2018] What happens when judges, bending like reeds in the wind, carry out the biddings of politicians in power? Something extraordinary has to be done. Bad judges ought to be publicly impeached.  To impeach means to proceed against a public official (here, a judge) for a crime, or for misfeasance.  ‘Misfeasance’ means improper or unlawful execution of an otherwise lawful act. Why not just tribunalise ...

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How do the ‘Rule of Law’ and Separation of Powers’ really work?

In the last few weeks we have been hearing the phrase ‘the Rule of Law’. It is time to examine this and another related concept, the ‘Separation of Powers’. If we do, we will encourage our nation rulers to work better, work more effectively, and work to produce justice. Rule of Law The concept of Rule of Law is easy to understand.  You needn't be a lawyer to know what it is: you can ...

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