Thursday, 31 October 2013

DAP mudah lupa, apa beza Kg. Buah Pala dan Kg. Hakka?

Several DAP lawmakers were arrested at an eviction operation at Kg. Hakka in Negeri Sembilan today, among them Seremban YB Anthony Loke and Rasah MP Teo Kok Seong, assemblymen Chew Seh Yong (Bahau), Ng Chin Tsai (Temiang), P.Gunasekaren (Senawang), J. Arul Kumar (Nilai) etc. 


Several DAP lawmakers arrested over Kg Hakka issue

The news was trumpeted by DAP SG and KM Pulau Pinang:

Its all very well and good that the DAP is trying to defend the ordinary rakyat at Kg. Hakka, I have no problem at all with that. 

But my question is simply this: aren't the folks at Kg. Buah Pala in Pulau Pinang ordinary rakyat too? Where were DAP YBs when the Kg. Buah Pala folks were being evicted?

Kg Buah Pala: Pagar makan padi

DAP Mudah Lupa.

Monday, 28 October 2013

Let us not mistake the Herald weekly publication for the Bible

Please let us not mistake the Herald Weekly publication for the Bible/Alkitab. Thank You.

A letter to the NST written By Datuk Ajit Singh Jessy:

I AM amazed at the way some Malaysians are reacting over the decision by the Court of Appeal on the use of the word Allah by Catholic weekly Herald.

When the decision was in favour of them, at the High Court, they were elated. Now that the shoe is on the other foot, they are crying and insinuating that the courts are biased.

They have conveniently forgotten that it was the church that took the matter to the court in the first place. They must now comply with the judgment.

Part of my schooling was at Anglo Chinese School, Penang, (ACS then and now MBS), a Christian school. Never had I heard that the word "Allah" belonged to the Christians, or mentioned during school assembly, scripture classes and even today, when attending church weddings or even funerals.

This present frenzy by some Christians in West Malaysia, to call their God, "Allah", is mind boggling and an invasion into the turf of others.

Quoting some overseas media and religious authorities will not resolve the issue. It is best we solve it by going back to the way in which we have been living harmoniously together and let us continue to address our God in the manner we have done so, for hundreds of years.

Punjabi Muslims and Sikhs refer to God, in Punjabi, as "Rab", but when we refer to our own specific God, Muslims call him "Allah" and we Sikhs, "Wahe Guru". In Malaysia, too, all of us commonly, refer to God, as Tuhan. What has gone wrong?

Those who are provoking others should be aware of the consequences. It is my personal belief that religion is sometimes the last sanctuary of rogues. Many of these are now raising their ugly heads and opening their foul mouths.

Let us return to simpler times instead of trying to score points over one another.

Datuk Ajit Singh Jessy, Penang

How right you are Datuk.

Friday, 25 October 2013

The mud flood at Cameron Highland, need more done to avert future tragedies (updated 29.10.2013)

Latest update From TNB via Bernama:

Water Release From Sultan Abu Bakar Dam Was Inevitable - TNB

KUALA LUMPUR, Oct 28 (Bernama) -- The rapid increase of the Ringlet Lake water level within a short period of time late Tuesday and early Wednesday last week, was an exceptional situation for the Ringlet Reservoir, said TNB president and chief executive officer Datuk Seri Azman Mohd.

He said the unusually intense downpours on Oct 22 and 23 had brought huge volumes of water to the lake, together with solid wastes, debris and siltation from what was described as massive land clearing and farming activities upstream.

The rubbish clogged up the Bertam Water Intake, an outlet where water from the reservoir normally flows before entering the Bertam tunnel to underground power generation units.

Such accumulation of siltation and sediment had reduced the reservoir's holding (water) capacity.

"As a result, for the first time in the history of the 50-year-old reservoir, water level surged at a rate of 1.96 feet per hour, which was 13 times more than the normal monsoon rain condition," he said in a statement here Monday.
According to the statement, surplus water had to be discharged in stages from the Sultan Abu Bakar dam to avert the dam's automatic full spillage through all four spillway gates that would have caused greater destruction to the occupants of Bertam Valley.

Four people were confirmed dead, following a flash flood when Sungai Bertam overflowed following the release of water from the Sultan Abu Bakar Dam, Ringlet, Cameron Highlands on Oct 23.

The incident also destroyed about 80 houses and several cars in the Bertam Valley settlement areas.

The TNB statement explained that by design, a spillway gate is a dam protective structure used to provide the controlled release of water flow from a dam into a downstream river.

Downstream area should be clear of people and structures, it added.

Azman said given the challenge of these external factors, which were beyond TNB's control, it was impossible to give advance notice to immediately evacuate the water release pathway other than what had already been done in the circumstances.

"While we could and should be continually improving our standard operating procedures (SOP), given the circumstances, we seriously doubt whether any SOP can be fully effective in averting such a disaster," he said.

He also said that no one should have lived in the path of the dam's water release and the weather elements, together with the development activities, had introduced greater unpredictability to the situation.

"We're continually monitoring the situation and we experienced a rate of rise of water level of 1.2 feet per hour from 4pm to 6pm Sunday. A sudden blockage of the power station's intake can trigger another catastrophe.

"People living in the area are still not out of the woods yet, as development activities that have caused the Bertam reservoir to lose its water holding capacity continue to gain momentum," he added.

"We don't think anybody can guarantee the safety of the people at the site given the present conditions. Thus, they should be kept out of harm's way and vacate the area," he added.


Original Post:
A bit on the recent mud flood tragedy at Cameron Highlands:

Scene of the mud flood at Bertam Valley near Cameron Highlands.
The Star: Three killed in mud flood after water released from Cameron Highlands dam

Here is angry Ravinder Singh saying:

My thots:

1. When we talk about monitoring water levels we are actually talking about the capacity of the Dam to retain water behind it. The dam level being monitored must be calibrated to the existing storage capacity of the dam to ensure accurate and timely warning to the people downstream of the dam.

2. The Sultan Abu Bakar Dam is operated by the TNB, though I believe the upstream catchment area is not handled by them.

3. The silt and mud caused by erosion due to exposed land terrains from the upstream catchment area will find its way through the network of streams and rivers into Ringlet lake where the Dam is situated. (see above graphic)

4. The silt buildup behind the dam over time will cause the Ringlet lake to become shallow and the shallower it gets the lesser will the storage capacity of the dam will be.

5. With climactic change, the monsoon when it comes will probably bring more rain than usual in future, more rains means more erosion, more erosion means more silt flowing into Ringlet lake. It will tremendously help the situation better i.e improve the storage capacity of the Ringlet lake if TNB/authorithies concerned have a long term maintenance dredging contract to ensure that Ringlet Lake will be deepened to the design parameters of the dam storage capacity at all times. (I understand TNB is doing some form of desilting/dredging projects at Ringlet lake, but do not know the frequency or when the last time it has been dredged)

6. Yes! instead of spending big money improving the Sungai Bertam, perhaps the maintenance dredging of Ringlet Lake should be given more priority. 

7. Better still the catchment area upstream of Ringlet lake must also be closely monitored for illegal land clearing for farming or logging as this activities destroys the natural cover of the terrain and causes runoff which carries silt into streams and rivers..and end up to now you know where.

NST pic: Aerial view of Sultan Abu Bakar Dam

Hope my 2 cents worth could enlighten a bit, I am sure the technical investigations will reveal more and the learned ones will come up with better recommendations... such as for timely warnings to be issued to residents affected, maintenance of spillway gates, maintenance dredging of lake behind dam etc.etc to be used for all dams in the country not just the one at Cameron Highlands.

Interesting read:

Reservoir Silting

River terminology
The area that supplies a river with water and sediment
Mouth of the river
Part where the river joins the ocean/sea, lake or another river
Any stretch or part of a river along its length upstream from the mouth
A reservoir is formed upstream to a dam. – Sediment coming to the reservoir is largely deposited in it and sooner or later – reservoir is silted – filled up with sediment and the usefulness of the dam is lost.  The presence of the dam retards the natural flow and hence the water level in the reservoir is not horizontal but its surface is slightly curved (Backwater curve).  When the river flow reaches the reservoir the flow velocity decreases and coarser particles such as sand are dropped close to the entrance. The beds formed this way are called foreset beds.
Fine sediments are settled slowly across the area of the reservoir. These are known as bottom set beds. Foreset beds obstruct the flow still forthcoming from the upstream and formation and propogation of topset beds occur. As time goes on the foreset beds advance into the reservoir to form higher & higher slopes, which because of its height will not stand so steeply as the slopes formed earlier.  Hence the high slopes of the foreset beds have to flatten out and cover a part of the previously laid bottomset beds.  This causes an intermixture of coarser and finer sediments at the bottom of the reservoir.
The location of future silt deposit in a reservoir can often be predicted.
A)        Sediment will deposit near the dam if;
            i.          The reservoir water surface is at low elevation
            ii.         There is high percentage of clay to fine silt size
iii.        The reservoir is short and has a steep slope to the original valley floor.
            iv.        There is little or no vegetation near the head of the reservoir
v.                   The dam has small outlet at higher elevation.

click  link below for dam cross section

B)        Sediment will deposit at the head of the reservoir it;
            i.          The conditions are converse to above.
Reservoir life: Reservoir capacity expressed in acre/cu.ft [1 acre ft. = 43.560 cu.ft]
Factors to estimate the life:
·                    How long it will continue to store a useful amount of water - length of time the water stays in the reservoir before being used.
·                    The rate with which the sediment accumulates from year to year and is not removed by natural devices.
·                    If the storage space become less – these is an increase in the rate at which fine sediment leaves the reservoir.
·                    Silt at a high level in the reservoir – removable by dredging (though costly) silt in live storage.  Silt in dead storage (low level) cannot be removed.
·                    Reservoir life can be extended by sluicing operations the outlet gates are opened at appropriate interval and the high velocity flows carry some of the sediment downstream.
·                    If this is timed to intercept gravity underflows – the sediment removal can be very efficient. However, it is ineffective about the sediment, which is already settled.

Read in full here.

This is no time for finger pointing. 

Finger pointing does not solve problem, it exacerbates the situation. 

Monday, 21 October 2013

The Herald 'ALLAH' Controversy: PM Najib must highlight the 10 point Solution to reduce mistrusts and suspicions

Updated on 21.10.2013 to include Peguam Negara's press release on the Court of Appeal ruling. please read to the end.

Original Post:
'Politicians and religious leaders should desist immediately from misconstruing the Court of Appeal decision on the use of Kalimah Allah in the Catholic weekly, The Herald, which has no bearing upon other Christian publications or the Al-Kitab, the Bahasa Malaysia version of the Bible.' 

'It is wrong of them to demand that the ban on the term in the Catholic weekly be extended to Sabah and Sarawak where it has been used in daily prayers in churches for more than a hundred years.'

'Prime Minister, Dato Sri Mohd Najib should assure everyone that he is determined to uphold the letter and the spirit of the ‘10 point solution’ that he had signed on 11 April 2011 in which he spelt out his commitment to the exercise of the freedom of religion of the Christian minority within the context of the Malaysian Constitution.'

'Christians in Malaysia should at the same time see the 10 point solution as an arrangement which expects them also to understand and empathise with the feelings of an extraordinarily accommodative majority community which has genuine concerns about its identity.'
Dr. Chandra Muzaffar

The Controversy over Kalimah Allah should never have gone to Court. An adversarial system of adjudication which pits one side against the other cannot resolve satisfactorily complex disputes that intersect notions of religious and ethnic identity. 

In fact, the controversy which has burdened us for almost three decades is more about protecting identity than about preserving the sanctity of a hallowed term. It is fear about how identity would be undermined if what is perceived as an exclusive religious symbol is usurped by others that has triggered a strong reaction from the Muslim majority. Christians and others who have taken a position against Muslim sentiment are also motivated to a great extent by the prevailing ethnic divide in the country. 

Expectedly, the stances adopted by some politicians, both Muslim and non-Muslim, have exacerbated the situation. Because issues of identity are at the centre of politics and power in our multi-religious, multi-ethnic nation, they are hoping to reap a harvest from the Kalimah Allah controversy. In the process, society is becoming even more polarised along religious lines. 

This is why politicians and religious leaders should desist immediately from misconstruing the Court of Appeal decision on the use of Kalimah Allah in the Catholic weekly, The Herald, which has no bearing upon other Christian publications or the Al-Kitab, the Bahasa Malaysia version of the Bible. It is wrong of them to demand that the ban on the term in the Catholic weekly be extended to Sabah and Sarawak where it has been used in daily prayers in churches for more than a hundred years. Since the Catholic Church is appealing against the decision in the Federal Court, all individuals and groups should allow the judicial process to take its course. 

More important, Prime Minister, Dato Sri Mohd Najib should assure everyone that he is determined to uphold the letter and the spirit of the ‘10 point solution’ that he had signed on 11 April 2011 in which he spelt out his commitment to the exercise of the freedom of religion of the Christian minority within the context of the Malaysian Constitution. It is a significant document in the shape of a letter to the Chairperson of the Christian Federation of Malaysia because it provides guarantees to a minority that resonate with the tradition of Muslim Rulers protecting the position of Christian and other minorities that harkens back to the Prophet Muhammad’s (may peace be upon him) celebrated treaty with the Christians of Najran. 

Christians in Malaysia should at the same time see the 10 point solution as an arrangement which expects them also to understand and empathise with the feelings of an extraordinarily accommodative majority community which has genuine concerns about its identity. For these reasons, highlighting the 10 point solution at this juncture would help considerably to reduce the prevailing mistrust and suspicion between the majority and minority communities. 

In the ultimate analysis however what really matters is not who uses the term Allah but whether all of us are willing to strive to the utmost to perform those good deeds which alone demonstrate our love for Allah. 

Dr. Chandra Muzaffar, 
Board of Trustees, 
Yayasan 1Malaysia. 

Petaling Jaya. 
18 October 2013.

KUALA LUMPUR: The Court of Appeal’s decision on the usage of the word “Allah” is confined to the publication of the Bahasa Malaysia text of the Catholic weekly Herald and does not affect the use of the word anywhere else.

Attorney-General Tan Sri Abdul Gani Patail said the court had held that the Al-Kitab and the Herald were two publications of an entirely different character, whereby the Al-Kitab was the Malay version of the Bible and used by Christians in churches, whereas Herald is a newspaper
accessible online and read by Muslims and non-Muslims.

Gani said the court had made it clear that the permission given by the home minister for the printing and publication of the Al-Kitab, in which the word "Allah appears", could not be treated in the same manner as that of the Herald.

Urging everyone to respect and abide by the court's decision, he said all parties should refrain from making any statements, which may lead to contempt of court.

In a statement issued yesterday, Gani pointed out the court had unanimously held that constitutional protection afforded to the practice of one's religion was confined to the religious practice, which formed an essential and integral part of the religion.

He noted the court held that the use of the word "Allah" in the Malay version of the Herald to refer to God was not an essential or integral part of the Christian religion and, therefore, did not attract constitutional guarantee under Article 11 of the Federal Constitution.

Below is the A-G's full statement:

ON Oct 14, the Court of Appeal had allowed the appeal by the home affairs minister and the government against the decision of the Kuala Lumpur High Court made on 31 December 2009, which allowed the judicial review application by Titular Roman Catholic Archbishop of Kuala Lumpur (Titular) against the minister's decision made on Jan 7, 2009, prohibiting the Titular from using the word "Allah" in the Bahasa Melayu version of the Herald -- The Catholic Weekly (Herald).

In allowing the appeal, the Court of Appeal held that the minister had not acted in excess of his statutory power or functions under the Printing Presses and Publication Act 1984.

His Lordship Mohamed Apandi Ali in paragraph 27 of his written judgment states that the decision was made within the function and statutory powers of the minister and it is intra vires the Printing Presses and Publications Act 1984. His lordship Abdul Aziz in paragraph 11 of his judgment states that having given his utmost consideration to the law applicable to exercise of discretion as well as the reasons given, the minister's decision is reasonable and has not contravened the principles of illegality, procedural impropriety, proportionality and irrationality.

The Court of Appeal held that when it concerns national security and public order, the minister has a discretion to decide whether the word "Allah" in the publication has the potential to disrupt or prejudice public order, public safety and tranquility. In paragraph 42 of his judgment, his lordship Mohamed Apandi Ali held that on the facts and circumstances of the case, the use of the word "Allah" in the Malay version of the Herald is without doubt, has the potential to disrupt the even tempo of life of the Malaysian community.

Justice Abdul Aziz in paragraphs 39 and 40 held that the minister's consideration on national security and public order is not limited to actual disruption of public order or tranquility and in this case, events that unfolded after the High Court's decision showed that the minister's concern that the use of the word Allah as interpretation of the word God or the concept of God by the Herald may cause religious sensitivity and has the potential to harm the public order and safety was justified.

The Court of Appeal also unanimously held that constitutional protection afforded to the practice of one's religion is confined to the religious practice which forms an essential and integral part of the religion. The court held that the use of the word "Allah" in the Malay version of the Herald to refer to God is not an essential or integral part of the religion of Christianity and, therefore, does not attract the constitutional guarantee under Article 11 of the Federal Constitution.

The Court of Appeal decision is confined to the publication of the Bahasa Melayu text of the Herald. Justice Abdul Aziz in his judgment in paragraph 30 held that the Al-Kitab and the Herald are two publications of an entirely different character. The Al-Kitab is the Malay version of the Bible and meant for Christians and use in churches whereas the Herald is a newspaper which is also accessible online and read by Muslims and non-Muslims. His Lordship went on to state that the permission given by the minister for the printing and publication of the Al-Kitab, in which the word "Allah" appears, therefore, cannot be treated in the same manner as that of the Herald.

The thrust of the decision is that where national security and public order are concerned, the minister has a discretion to ban any word which is prejudicial or likely to be prejudicial to national security and public order. As long as the discretion is exercised legally, reasonably, rationally and proportionally, the court will not interfere with the minister's exercise of discretion in these matters.

Thursday, 17 October 2013

The 'ALLAH' ban is specifically for the Herald publicationlah, lets move on already

'Can the Pakatan politicians n media stop trying to relate the Herald 'Allah' COA judgement with the Alkitab used by Bumis in Sarawak n Sabah?'

To my Malaysian brethren, please, please do not listen to the Pakatan of DAP,  PKR and PAS, they are only out to exploit and sow hate among Malaysians on the Herald 'ALLAH' issue, there is nothing to be gained by listening to these people but hate and distrust. 

Listen carefully friends, The Court of Appeal judgement only disallow the usage of the word 'ALLAH' in the Malay section of the Herald publication. Read: 

OCTOBER 17, 2013

It has come to the attention of Muslim Lawyers’ Association Of Malaysia (PPMM) that there has been some misconception and/or misunderstanding as to the actual decision delivered by the Court of Appeal on the Allah matter.

The subject matter before the Court of Appeal was pertaining to the legality of the condition imposed by the minister prohibiting the use of the word Allah in the specific publication of Herald – The Catholic Weekly.

This matter came before the Court on the application of Titular Roman Catholic Archbishop of Kuala Lumpur by way of judicial review, which is a specie of actions to be brought before court in challenging the legality of ministerial and/ or administrative decisions.

It was the Archbishop who complained in that application to the then High Court that the Minister was wrong in imposing the said condition which amongst others infringed the Archbishop’s purported guaranteed rights under Article 3(1) of the Federal Constitution, and that the minister’s reliance amongst others on the existence of the anti propagation laws under article 11(4) of the Federal Constitution would also be furthering that infringement.

In the light of that background, the Court of Appeal in determining whether the High Court was correct or otherwise in its decision, was duty bound to examine the complaint of the Archbishop under Article 3(1) and 11(4) of the Federal Constitution.

Hence, a careful reading of all the three judgments of the Court of Appeal will show that the Court had ventilated, studied and considered the application of all the relevant provisions of the Federal Constitution as well as the related provisions of all the necessary statutes in coming up with the decision to answer the complaint of the Archbishop in his application for judicial review of the Minister’s conditions imposed.

It is very clear from the decision of the Court of Appeal, that what it decided was specifically with regards to the legality of the imposition of the condition by the minister in which the unanimous decision is “that the minister has not acted in any manner or way that merit judicial interference on his impugned decision”, which simply means that the Archbishop was prohibited from using the word Allah in the Herald.

Therefore, PPMM would wish to stress that as far as the Court of Appeal’s decision is concerned, PPMM is of the view that the decision goes as far as prohibiting the Archbishop from using the word Allah in the Herald, and nothing beyond that.

It would be a misconception on the part of any sections of the public, locally and/or internationally to deem that the decision of the Court of Appeal has in any way put out a blanket prohibition on any section of the non-Muslim community of Malaysia from using the word Allah.

However, a careful reading of the said judgments will also show that all members of the Malaysian community were allowed to use the word Allah in the sense of the Quranic/ Islamic reference to God, which is as pronounced in Surah Al Ikhlas, (“Purity”) (Chapter 112) as follows: “Say: He is Allah, The One and Only; Allah, the Eternal, Absolute; He begetteth not, nor is He begotten; And there is none Like unto Him.”.

In conclusion, PPMM would humbly call for all sections of the public to read and understand the judgments of the Court of Appeal in the sense in which it was given, and also not to make unnecessary and unwarranted remarks which may lead to confusion and/or bordering contempt. – October 17, 2013.

* Dato’ Zainul Rijal Abu Bakar is the president of the Muslim Lawyers’ Association Of Malaysia.

Read this also from the NST:

By Sugiman Sabri, Alor Star, Kedah

THE Court of Appeal ruling to deny Catholic publication Herald the use of the word "Allah" should put the issue to rest.

The justification was clear and, more importantly, did not apply any injustice to Christianity or Islam.

All parties should accept the ruling and not fuel the controversy further.

Despite the academic arguments voiced, be they by laymen, religious scholars, opinion leaders or academicians, what we should remember is that Malaysia is a multiracial and multi-religious country where the rights of all religions are respected.

We have come to be the peaceful nation that we are today not because we have indulged in controversial debates, but because we cherish tolerance and mutual respect we have for one another.

Leaders of communities and religious organisations must be wise enough to know when some issues should be put to rest rather than continue at the expense of creating animosity and tension in society.

The Roman Catholic Church's decision (NST, Oct 15) that it would file an appeal may not be a step in the right direction.

Christians and Muslims are not taught by their religion to disrespect other religions. Granted, in the global and academic context one can argue from many perspectives and historical facts to justify the use of the word "Allah", but when addressing issues affecting the society that one is in, one must not separate oneself from the real context of the society itself.

Insisting on addressing issues from only one's own context could be construed as selfish and disrespectful.

The judges noted in their ruling how volatile religious sensitivities in Malaysia were.

They elaborated that their decision did not render injustice to the claimant's grievances while at the same time, will avoid stoking the sensitivities of Muslims.

All religions in Malaysia have always held to the common sense principle of respecting each other's religious sensitivities, so much so that we have communal gatherings such as open houses and kongsi holidays.

It is an integral part of our multi-religious society to see churches, mosques and temples co-exist in cities, towns and even villages.

Therefore, is it worth to uphold an academic argument at the expense of destroying such harmonious diversity that we have practised?

All religions in this country have to sacrifice to accommodate countrymen from different religions at some point or the other, and we have done so amicably for the last 56 years.

I am confident that Malaysians from any religious background do not wish to create tension or be disrespectful to their fellow Malaysians.

Let us practise restraint out of respect to our fellow Malaysians regardless of their religious background.

What is the point of having the freedom to practise our religions when what we struggle for is to create animosity in other religions?

The Herald publisher should stop aggravating the matter further, there is no compelling reason why you are so adamant to use the word Allah in your publication. 

Lets move on already!

To build world class buildings that last, we must have first class maintenance culture too

I am always fascinated by tall buildings/structures, men's ingenuity to build taller is only bounded by the known material that we have to use for construction:

Current tall building construction, mind blowing:

Some of the world's tallest building:

People all over the world can argue until the cow comes home about which is the highest towers/buildings in the world, but you know what, Malaysia still have the highest twins....

File:Petronas Twin Towers.JPG

The twin Towers of Petronas the nation symbol of prosperity and development..Malaysia Boleh! Boleh maintain world class facilities long after it has been built lah, where there is will there is way. 

I hope Government Ministers who plans to build new world class facilities would ensure that the maintenance culture long after a building's completion are adhered to the letter. Tak mahu ada bumbung bocor, bumbung roboh, paip bocor, rumput mati dlm stadium dan lain lain hal yang memalukan. Thank You.

Wednesday, 16 October 2013

The future: Moving tunnel over our head?

If this is the future, then it is something I look forward to:

'Imagine one day you are driving on the road, and suddenly one huge "moving tunnel" fly pass you overhead, carrying with it hundreds of people, you may think it is a dream, but it is true, soon this incredible Straddling Bus(3D Bus) will appear on the streets, this bus(tunnel) straddle across two lanes with hollow lower part, so cars can pass through, compared with the underground Metro, Straddling Bus has lower cost,shorter construction period and almost same passenger capacity, it's a more economical way of future urban traffic. from this video, you will see how it works, you will be shocked by this innovative way of transportation.'


Monday, 14 October 2013

Today is a good day, Alhamdullilah

Updated 16.10.2013:

Just to be clear, and to make sure that DAP, PKR or PAS does not capitalise on the matter: 

'The ban on the use of the word Allah only applies to the Catholic weekly, Herald, and not other Christian publications or the Al-Kitab, the Bahasa Malaysia bible which is widely used in Sabah and Sarawak' 

'The Cabinet decision to allow the use of Allah in Bahasa Malaysia or native language bibles in Sabah and Sarawak and the assurance given by Sarawak Chief Minister Tan Sri Abdul Taib Mahmud in 2011 stands'
Deputy Home Minister Datuk Wan Junaidi Tuanku Jaafar
Source here

Original Post:

'The usage of the name "Allah" is not an integral part of the faith and practice of Christianity'

'We found no reason why the respondent was so adamant to use the word Allah in their weekly publication'

'Such usage if allowed, will inevitably cause confusion among the community'
Excerpts from the Court of Appeal Judgement over the usage of the word ALLAH in the Catholic Weekly Herald Magazine

Full Written Judgement of Yang Arif  Dato' Sri Haji Mohd Apandi bin Haji Ali

The three-man panel, led by Datuk Seri Mohamed Apandi Ali, in an unanimous decision, said the usage of the name "Allah" is not an integral part of the faith and practice of Christianity.

"We found no reason why the respondent was so adamant to use the word Allah in their weekly publication"

"Such usage if allowed, will inevitably cause confusion among the community," he said.

The panel was also comprised of judges Datuk Abdul Aziz Abdul Rahim and Datuk Mohd Zawawi Salleh.

On Dec 31, 2009, Kuala Lumpur High Court judge Lau Bee Lan had allowed the church's judicial review application and lifted the government's ban against the Catholic Church for publishing the word "Allah" to refer to the Christian God in the newspaper.

On Jan 4, 2010, the Home Ministry filed the notice of appeal at the Court of Appeal against the High Court decision.

Two days later, the High Court granted a stay of execution of its ruling pending appeal by the Ministry.

The judicial review application was filed by the Catholic Church, led by Archbishop Murphy Pakiam, on Feb 16, 2009.

It named the Home Ministry and the government as respondents.

It sought, among others, a declaration that the decision by the ministry on Jan 7, 2009 to prohibit the use of the word "Allah" in the Herald was illegal and that the word was not exclusive to Islam.

On that date, the Home Minister approved the Herald's publishing permit for the period Jan 1 to Dec 31, 2009, on condition that the word "Allah" was not used in it and the word "Restricted" was printed on the weekly's front page whereby it could only be circulated to Christians and at churches.

The Home Minister had justified the ban on grounds of national security and to avoid misunderstanding and confusion among Muslims.

At the compound of the Palace of Justice today since 7am, about 1000 supporters from various non-governmental organisations and the public gathered there.

Senior Federal Counsel Suzana Atan appeared for the Home Ministry and the government while counsel Porres P. Royan represented the Archbishop Datuk Murphy Pakiam.

Following is the summary of the judgement on the use of the word "Allah"

CIVIL APPEAL NO. W-01-1-2010
[1] Basically this is an appeal against the decision of the High Court arising from an application for judicial review of the imposition of a condition in the publication permit of the Herald – The Catholic Weekly. The impunged condition was the prohibition of the name “Allah” in the said publication. In the course of allowing the judicial2 review the learned High Court judge also allowed certain declaratory relief orders pertaining to the respondent’s constitutional right to use
the name “Allah”.
[2] The law on judicial review in this country is trite law; namely judicial review is not concerned with the merits of a decision but with the manner the decision was made; and that there are 3 categories upon which an administrative decision may be reviewed, i.e. 1.Illegality; 2. Irrationality and 3. Procedural impropriety. When the decision involved an exercise of a discretion, the determinable issues depend on the facts of the case.
[3] Applying the law to the facts and circumstances of the case and bearing in mind the principles to be taken in dealing with judicial review as laid down in the often-quoted case of Council of Civil Service Union & Ors v. Minister for the Civil Service [1985] 1 AC 374; [1984] 4 All E.R 935, it is our considered finding that the Minister has not acted in any manner or way that merit judicial interference on his impugned decision.
[4] On the constitutionality of the action of the 1st appellant to impose the impunged condition prohibiting the usage of the word “Allah” in the Herald, it is our judgment that there is no infringement of the any of the constitutional rights, as claimed by the respondent.3
[5] It is our common finding that the usage of the name “Allah” is not an integral part of the faith and practice of Christianity. From such finding, we find no reason why the respondent is so adamant to use the name “Allah” in their weekly publication. Such usage, if allowed, will inevitably cause confusion within the community.
[6] In the circumstances and the facts of the case we are also mindful of the Latin maxims of “salus populi suprema lax” (the safety of the people is the supreme law) and “salus republicae suprema lax” (the safety of the state is the supreme law) do co-exist and relevant to the doctrine that the welfare of an individual or group must yield to that of the community. It is also our reading that this is how the element of “in peace and harmony” in Article 3(1) is to be read with the freedom of religion in Article 11(1) of the Federal Constitution.
[7] On the evidence before us too we are satisfied that sufficient material have been considered by the Minister in discharging his function and statutory power under the Printing Presses And Publications Act 1984. Although the test under the written law is subjective, there are sufficient evidence to show that such subjective decision was derived by considering all facts and circumstances in an objective manner. Thus, there is no plausible reason for the High Court to interfere with the Minister’s decision.
[8] The detailed explanations and reasons for our findings can be seen in the full text of three separate written judgments, which shall be made available to all parties immediately, at the conclusion of today’s proceedings. My learned brothers, Abdul Aziz bin Abdul Rahim, JCA and Mohd. Zawawi bin Salleh, JCA have read and approved my judgment. In addition to my judgment, both of my learned brothers have respectively written separate supporting judgments, of which I agree with their methodological analysis and findings.
[9] In the light of our findings, we are unanimous in our decision to allow the appeal by the appellants. Appeal is therefore allowed. All orders given on 31/12/2009 by the High Court pursuant to the Judicial Review application are hereby set aside. As agreed between all parties there will be no order as to costs.
Court of Appeal, Malaysia
Dated this 14th day of October 2013.

The full judgement can be read at blogger Dr. Novandri's here:


The judgement also contains a letter from the KDN dated 24.04.2007 to Archbishop Murphy Pakiam, which extensively explained that the usage of the word ALLAH in the AlKitab(Injil Melayu) used by Christians Bumis in Sabah and Sarawak is allowed under some restriction, namely it is for sale and  use in a church premise only..hence busting the myth created by some Opposition politicians that the ban on the usage of the word ALLAH in the Herald publication also means a ban on the use of the word ALLAH in the AlKitab.

Picture from the NST - a crowd gathering at Istana Kehakiman waiting for the decision on the  appeal you guys see any Progresif Liberal pemuda UMNO group anywhere, NO? well I guess they are busy celebrating their victory over their conservative regressive UMNO brothers and yes I don't think you'll be seeing the progresif liberals of Pemuda UMNO in such event any time soon, their boss will be busy pandering to the liberals whatever that may be.

Sunday, 13 October 2013

Kj dan Shahrizat menang, tahniahlah, tetapi jangan lupa Fasal 3 Perlembagaan UMNO OK

The Wanita, Pemuda and Puteri Wing election 2013 is over...Congratulations to the elected namely Shahrizat, Khairy and the new Puteri Chief. Best now to come together, there are a bigger battles for the coveted Putrajaya against Pakatan Rakyat looming in the horizon.

I have much to say but suffice to say I am not disappointed with the result as it is expected, with KJ made Minister and Shahrizat appointed as Advisor with Ministerial Status just before the elections, the result can be nothing less. I was disappointed  that it was not a direct election per se though, as they counted using Bahagians much like the electoral college system. Anyway a win is a win and unless there are documented evidence of manipulation then all UMNO people, the members and the supporters included would have to accept it. UMNO people have to move forward. The Pakatan people are already jumping with joy with the UMNO results, kenapa tak percaya? read Helen Ang's blog here. We have no time to lose ya.

Don't worry friends its not the end for UMNO, the party dominated the Parlimen and took back Kedah and Perlis after PRU13 even with a clueless Pemuda, Wanita and Puteri, because folks what matters is the VPs and the Majlis Tertinggi and of course the President and Timbalan Presiden working as a solid unit together with other BN Parties Sarawak and Sabah. 

Rais Yatim an UMNO senior veteran says it best yesterday, excerpts from the Star:

On Shahrizat:

"Shahrizat need not look back anymore as the party has endorsed her," 

"There have been innuendoes of wrongdoing, but the Wanita movement has given her a springboard of new support. So that is actually an endorsement of her,"

On Khairy:

"His coming back to lead the youth is a full endorsement of what he did in the past,"

My thots: Khairy's victory speech was full of self praise for his 'progressive and liberal' agenda, so many agenda lah, martabatkan Melayu etc, so his Agenda in UMNO is what really? Khairy is a very clever politician, his victory margin from the Bahagian system shows it, but I think Khairy should learn to show to the Malays that he is  a true leader who will be magnanimous in victory and not call his opponents regressive etc. they are after all UMNO people too. Better read Blogger Jebat Must Die post here too. Remember after Pemuda, Khairy needs to get into the big boy group of Vice Presidential hopefuls..plenty of conservatives non liberal UMNO big boys there ya and they can work as a team, a formidable team.

For both Khairy and Shahrizat, Rais Yatim has this to say:

"Umno should make it compulsory for them to understand the struggle under Article 3 of the Umno constitution and there has to be intensive training and retraining with regards to this. Umno has to take care of the next general elections and article 3 has to be the foundation for all in the general elections,"

Fasal 3 Perlembagaan Umno menyenarai tanggungjawab dan matlamat perjuangan UMNO sebagai sebuah parti politik yang berjuang mendukung cita-cita kebangsaan Melayu demi mempertahankan maruah agama, bangsa dan negara.
Source Utusan here

In all these fog of election agendas and personal glories all UMNO leaders and supporters whether they are conservatives, non-liberal, progressive, liberal or regressive must be truly aware and uphold Article 3 of the UMNO Constitution. Otherwise they are really in the wrong party.

Hidup Melayu!

Friday, 11 October 2013

I'm not campaigning for any one in particular, I'm just worried about UMNO's fate in PRU14

Hari Sabtu esuk Pemuda dan Wanita UMNO berpeluang untuk menunjukkan kpd org Malaysia bahawa UMNO tidak korup. Pilih lah Ketua yg berwibawa. 
Me - Just My Thoughts

Many may think that from my tweets and posts that I am campaigning for certain candidates in the UMNO Elections, no lah, actually I am campaigning because I am a bit worried that the party that I have always voted for will lose its core voters, the non-liberal Malays who will be the decider in the next PRU14 if the right candidates are not chosen to be its Leaders.

All UMNO people should be worried when the blatantly DAP friendly The Star already carried this front page headline today:

jStarKJfrontpage 001
The pic above I kebas from Blogger Helen Ang's post: 

Pembangkang sayang KJ alamat Umno dihancurkan dari dalam

Kepada Pemuda dan Wanita UMNO, sebelum kamu pergi mengundi......

.......Tidakkah anda semua berasa aneh jika suratkhabar yang sah-sah menyebelahi Parti DAP  yang rasis tiba-tiba menjulangkan nama Kj dan Shahrizat sebagai pemenang walaupun undi belum di buat dan dikira?

Blogger Helen asked a pertinent question, with all the hype about Khairy's BN Youth Job fair etc:

'Di mana letaknya ‘performance’ atau KPI Khairy Jamaluddin? Sekadar pandai bergimik itu – dijaja The J-Star sebagai “Able to attract young via social media and his many projects for youths” – bukan bererti mengenal perjuangan mahupun mempunyai pegangan.
Selama 4 tahun KJ jadi pengerusi Pemuda BN dan Ketua Pemuda Umno, berapa banyak undi belia yang dapat dibawanya ke pangkuan BN?
Cuba tanya: Bagaimana BN boleh hilang undi popular sehingga ketinggalan 4 poin peratus di belakang Pakatan jikalau betul rancangan-rancangan oleh KJ adalah efektif?'
Baca juga perihal Regina Lee Setia Usaha Suratkhabar kepada Kj:

KJ provides Dapster with “first hand knowledge of what is going on in the Umno ministries”

'Nak tanyelah Kj, camne nak martabatkan MELAYU klu Press sec. pun nama Regina Lee'
Me-Just My Thoughts

As for Shahrizat, this cartoon from a very proPakatan guy says it all:

Zunar: Kartunis politik Malaysia yang tersohor

If Shahrizat is relected as Ketua Wanita, she will be a liability, a weak link in UMNO's chain of armour, she will not win in any constituency that UMNO put her in PRU14, the Pakatan people and the cows will make sure of that.

A Pro-UMNO blogger have this to say:

'Well the Big Day is getting closer. The Ketua Pemuda and Ketua Wanita election is up first. 

If Shahrizat wins the Ketua Wanita it will most likely spell the end of UMNO. 

If KJ wins the Ketua Pemuda it may also hasten the demise of UMNO'

Pendek kata...kepada pengundi-pengundi pilih lah dengan bijak jangan jadi macam ni lagi OK, cukup-cukup lah parti Orang Melayu UMNO dicerca:

Wednesday, 9 October 2013

Saya sokong usaha Menteri KDN untuk membersihkan negara kita dari penjenayah ganas

KDN Minister Zahid Hamidi is unleashing wave after waves of tsunami against the gangsters and criminals, Ops Cantas was followed by amendments to the Prevention of Crime Act which provides for detention without trial to maintain public order and safety or crime prevention. All this for a further good, to keep the peace in Malaysia.

The usual suspects namely the DAP,PKR, The Bar, the anti UMNO NGOs even the MCA and Gerakan has now come out in arms to bust Zahid Hamidi for allegedly saying in a closed door meeting:

 "I think the best way is that we no longer compromise with them. There is no need to give them any more warning. If we get the evidence, we shoot first," 

Prominent blogger Helen Ang have a very interesting post about Zahid Hamidi and his ways:

Well for me Zahid Hamidi is doing a great job to put the fear into the gangsters and criminals who are so bold now that they even dare to threaten high ranking Polis Officers with death. I for one do not want my Father to face criminals with a gun and shot at as this poor elderly  gentleman had to endure: 

As for UMNO losing votes in the next PRU14 because of Zahid Hamidi tough ways, I wrote a comment on Helen's blog which I reproduced here:

Dear Helen,
Zahid is doing a good job for UMNO which is finally showing some kind of spine to match the racist barbs thrown at UMNO and the Malays by the DAP,PKR and the anti UMNO NGOs since Pak Lah’s time.
Lets be clear about this, next PRU14 more than 90% Chinese and Indians will not vote for BN. The MCA and MIC had failed in their duty as BN partners and are reduced to mere echoes of DAP and PKR.
UMNO must consolidate its Malay vote base in preparation for PRU14 which will make or break the BN and definitely it cannot rely on useless MCA, Gerakan and MIC.
BN’s only hope besides UMNO in the Peninsular and Sabah are the BN parties in Sarawak and Sabah. The ALLAH issue before the Appeals Court is about the Herald publication using the word ALLAH and does not affect the Malay Bible already used for decades by Christians in Sarawak and Sabah. The DAP can only make headways in large Chinese constituency as in the case of the Peninsular. DAP/PR worship of Chin Peng put paid any thoughts of them gaining a foothold in Sarawak or Sabah.
This is no time to be sentimental or civilised, fight fire with fire and in Zahid Hamidi, UMNO has found a fighter that Malays can finally look up to. These Malays are after all UMNO’s saviour in PRU14.
So I hope and pray that the Gomen is steadfast in unleashing hell against the criminals and the gangsters, enough is enough I say. Just concentrate on keeping the human rights of the millions of law abiding Malaysian citizens, forget about the human rights of the criminals and gangsters.

Malaysia Aman,
Polis diutamakan, Penjenayah dihapuskan!