Negarakuku all over again...

As you may know, Muar born rapper Wee Meng Chee, AKA Namewee, made headlines in 2007 with a Youtube video in which he used the national anthem as a chorus for his irreverent and expletive-laced tirade against various ails of Malaysia as he perceived them.

Well, he's back -- with a new song, "Nah!", in which he repeatedly gives the middle finger to the Johor principal who allegedly told her Chinese students they could go back to China. It's not the most inspired lyrics, and the rather brainless refrain will put off many, but the song is unmistakably against racism. Ironic indeed that Namewee has now found himself once again in the cross-hairs of the Sedition Act.

Namewee under probe over video.

So, let me get this straight: the educator who made explicitly racist slurs is not sacked, not even reprimanded apparently, and the singer who rants against her is being investigated for sedition -- oookay... what planet am I on again?


Happy Independence Day Malaysia!

For our Future

Sunday, I brought my two primary school aged sons to Chung Hua Middle School No. 1 to take part in a fundraising joggerthon. There was a crowd of some 3,000 runners and supporters, and I was mightily impressed by the organisation of the CHMS committee. The Chairman of the Board of Management, Richard Wee, gave an inspiring speech on how education should not and must not be politicised. I was nodding my head in agreement the whole way... and then my jaw dropped when I heard what the patron of the event, Satok Assemblyman Datuk Amar Abang Johari, said:

“I have a certain formula on how to raise funds for Chinese private schools but it will take six months to a year to work it out. I don’t want to reveal the formula today… and if I lose my election I cannot do it.”

Read it here: Abg Jo keeps secret of helping Chinese schools close to his chest - BorneoPost Online

[Postscript: one of my boys came in 8th, out of a group of more than 600 primary school kids -- go, Tristan! You've made your old man proud...]

"Change is the ineluctable fact."

"Economic reform cannot happen when race still governs our public life, and where our citizens are not allowed to think and speak independently."


Read this incisive commentary from Karim Raslan in mySinChew.com - now, that's 1Malaysia for you . . .


"Whatever happens, there is no turning back and Malaysia will never be the same again."

This is J L A Dot Com

Wait, that's the expert analyst in Frankfurt closely monitoring developments in Malaysia's currency? Where's he doing this from, a prison library?

Shut up and work lah

Nazri pushes zero tolerance against racist principals - The Malaysian Insider:

Datuk Seri Nazri Aziz stepped up today to fill the palpable silence of his Cabinet colleagues over the racial uproar caused by two school principals, saying that the government should take severe action and show “zero tolerance” for such “racist educators”.

The school principal in question had allegedly said that Chinese could go back to China, and  likened Indians to dogs. She was not reprimanded for her remarks. 
All in all, this is a welcomed response from Nazri indeed! I must say that things are getting interesting... 

From the same report:

When asked for his opinion on the status of the country's race relations, Nazri was quick to point out that the only problem lay with the nation's leaders.

“Nothing wrong with the rakyat... only the leaders are getting all racial with one another. On the ground, the people are mixing well,” he said.

The Padang Rengas MP pointed out that in his constituency, there were no problems between the different racial communities.

“They work well together. Only the leaders are talking a lot and behaving badly. That’s why I always believe that it is better for them to shut up and just go and work,” he said.

Spare a Thought

(picture credit: MSNBC)

Kinder

It is a bit embarrassing to have been concerned with the human problem all one's life and find at the end that one has no more to offer by way of advice than "try to be a little kinder." - Aldous Huxley, novelist (1894-1963)

In death avoid hell. In life avoid law courts.

As the blurb on top says, I make my living handling cases in Court. However, that's not at all the first thing I advise my clients to do when they come to me with a problem. It's not even the second or third thing, actually. My priority in each and every case is to see if it can be settled out-of-court. While that may sound counter-intuitive for a professional whose bread-and-butter is litigation, it's not. If any young lawyer is reading, bear in mind that a successful settlement leaves the parties reasonably happy (which means your client will also settle your fees with satisfaction) and it is final (which means both you and your client can get on with new work and make more money). Here is my approach:


NEGOTIATION. Call the other side for a face-to-face in a neutral venue. Start with an open mind and a warm smile. Establish that the discussions are on a "without prejudice" basis, then speak frankly to identify the areas where the parties are furthest apart. Step out of the meeting room occasionally to probe your client on the extent of possible compromise. Be ready to type up a simple settlement agreement to capture the most important terms. This can even be written on the back of a napkin. Reserve minor or technical points for detailed discussions. Chances are, peripheral or secondary issues can be settled one way or the other later. And remember, smile!





MEDIATION. Same as above, but discussions are held in the presence of a trusted independent person who will try to help the parties reach a middle ground. The mediator has no power or authority to impose a solution. For that, you will need to proceed to:


ARBITRATION. By consent, both parties submit their dispute to one or more arbitrators who, like a Judge, has been given authority to come to a decision on resolution of the dispute, using all means possible.





LITIGATION: Even though a case has been filed in Court, there is a final chance for settlement if the parties will consent to have a Judge mediate their dispute. This is an extremely important avenue to explore, and it deserves an entire blog entry to itself. Stay tuned.....


In the meantime, have a look at the West Malaysia Bar Council's coverage of the Mediation Panel at the 15th Malaysian Law Conference held in July this year. The amusing heading of today's blog post was the opening remark of the 1st speaker, Dato' N Chandran: "In death avoid hell. In life avoid law courts."

Blood on our hands?

I wrote about a public awareness forum on the issue of Migrant and Trafficking issues on July 31. This is what my friend published after attending it. Important reading -- follow the link below.


Modern Day Slavery: 


We may not realise that if we do not pay regular wages to our domestic workers or maids, if we keep their passports or do not give them days off work, we participate in the exploitation that is the fundamental element of human trafficking.

I am reminded of the words of Martin Luther King: “Injustice anywhere is a threat to justice everywhere… we are caught in an inescapable web of mutuality and tied to a single garment of destiny…”

(picture credit: creative criminals)

It's your 50th Birthday . . .

. . . ISA. Time to call it a day!

The Internal Security Act came into force on 1 August 1960. Similar to the US Patriot Act, the UK Terrorism Act and others, the ISA permits detention without trial of persons suspected of threatening national security. Unlike the other Acts, the ISA has no "sunset clause" and is not subject to judicial supervision. Nor are detainees under the ISA given the right to legal counsel.

10,662 people have been arrested under the ISA in the past 44 years, 4,139 were issued with formal detention orders and 2,066 were served with restriction orders governing their activities and where they live. In addition, 12 people were executed for offences under the ISA between 1984 and 1993. -- Figures provided in a written answer by former Prime Minister Abdullah Ahmad Badawi, who was also Minister for Internal Security, to parliamentary opposition leader Lim Kit Siang, whose statement was quoted by AFP in news reports dated 3 Feb 2005. (source: Wikipedia)

The Malaysian Bar - Press Release: 50 years is more than enough: Abolish the ISA and other detention without trial and outdated security laws -- "As a member of the United Nations Human Rights Council from 2010-2013, Malaysia has committed herself to maintaining the highest standards of human rights.  This can only be achieved by removing all laws contravening basic human rights principles, such as ISA and other legislation that provide for detention without trial and restrictions in the free movement of peoples within our borders." Ragunath Kesavan, President of the Malayan Bar Council.