Anwar, Bumiputera Privileges And Article 153 Part 1: A Short History Of Article 153

Prime Minister Anwar Ibrahim said there is no need to review Article 153 of the Federal Constitution, which outlines “bumiputera” privileges. He said this in response to calls by a PKR lawmaker for the government to review whether Article 153 was working as intended.

In July, 2005 he said, "Bumiputera privileges must end"

He said it once again in 2023, "Being Malay should not be a reason to deny others their rights under the Federal Constitution"

What is Article 153? Article 153 does not mention "bumiputera". In fact, there is not a single mention of "bumiputera" in the whole of the constitution. It is believed, the word "bumiputera" was first coined by the late Tun Razak around 1970 when he launched the New Economic Policy (NEP). The term is derived from the Sanskrit which was later absorbed into the classical Malay word bhumiputra. Bumi means soil, earth etc while putera means prince or son; Bumiputera translated into English simply means "sons of the soil".

In Indonesia, this term is known as "Pribumi". It differentiates indigenous people from citizens of foreign descent, especially Chinese Indonesians. When B J Habibie became president in 1998 he decreed the words "pribumi" and "non-pribumi" could not be used since it promoted discrimination.

Incidentally, the NEP did not come from Tun Razak himself. Many credited it to the late Norwegian political economist, Just Faaland. For this he was bestowed with a Tan Sri.

Article 153 is about privileges for the Malays and it was amended in 1971 to include natives of Sabah and Sarawak.

A Short Introduction To Malaysian Constitution And Article 153

Before Malayan Union, Malaysia as we are known right now, were separated into different entities: The Straits Settlement consisted of Penang, Province Wellesley, Malacca, Singapore, Labuan, Cocos Island and Christmas Island; Federated Malay States made up of Negeri Sembilan, Pahang, Perak and Selangor and the Unfederated Malay States made up of Johor, Kedah, Kelantan, Trengganu and Perlis. Both Cocos Island and Christmas Island are now part of Australia. The first effort to cobble these separate entities together under a single constitution was through Malayan Union. It never materialised and was replaced by Malaya Agreement in 1948, an agreement that made various states into one known as Federation of Malaya with its own constitution.

Before Malaysia gained independence in 1957, a commission known as The Reid Commission was established to make recommendations for a new constitution. It was made up of Lord Reid, a British judge and four others. One of the terms of reference for the commission was to establish safeguards for the special position of the Malays and the legitimate interest of other communities. Malay privileges are therefore not something new, it was discussed and agreed before Merdeka. That is how Article 153, in simple terms, came into being.

But who is a Malay? Article 160 defines a Malay as a person who professes the religion of Islam, habitually speaks the Malay language, conforms to Malay custom.

Rarely discussed is another Malay privilege known as Malay Reserve Land. Since lands are state matters, each state has its own enactment on Malay Reserve Land. The state law for Malay Reserve Land was first enacted in 1913 for Federated Malay States. Originally, there were 3 million hectares of Malay Reserve Land but after Merdeka the size has diminished considerably probably to half of its original size, lost mostly through land acquisition.

Article 153 In Brief

Reservation of quotas in respect of services, permits, etc., for Malays and natives of any of the States of Sabah and Sarawak

153 (1) It shall be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities in accordance with the provisions of this Article.

153 (2) Notwithstanding anything in this Constitution, but subject to the provisions of Article 40 and of this Article, the Yang di-Pertuan Agong shall exercise his functions under this Constitution and federal law in such manner as may be necessary to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and to ensure the reservation for Malays and natives of any of the States of Sabah and Sarawak of such proportion as he may deem reasonable of positions in the public service (other than the public service of a State) and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the Federal Government and, when any permit or licence for the operation of any trade or business is required by federal law, then, subject to the provisions of that law and this Article, of such permits and licences.

153 (3) The Yang di-Pertuan Agong may, in order to ensure in accordance with Clause (2) the reservation to Malays and natives of any of the States of Sabah and Sarawak of positions in the public service and of scholarships, exhibitions and other educational or training privileges or special facilities, give such general directions as may be required for that purpose to any Commission to which Part X applies or to any authority charged with responsibility for the grant of such scholarships, exhibitions or other educational or training privileges or special facilities; and the Commission or authority shall duly comply with the directions.

To read full Article 153 and 160, DOWNLOAD THE FEDERAL CONSTITUTION

REID REPORT CAN BE DOWNLOADED HERE

To Pardon Or Not To Pardon Part 4: Conspiracy Theories From Outer Space

There are many theories, or should we call them conspiracy theories, regarding Najib's pardon appeal. There are too many to list, but here are a few:-

(1) If Najib is released, he could become a political threat to the unity government.

(2) Once released, he would challenge the post of UMNO presidency, putting Zahid and ultimately the PH Unity Government at risk;

(3) Or, he might join PN and strengthen PN's challenge for the crucial Malay votes in the next election;

(4) The Yang di-Pertuan Agong wanted to give full royal pardon but was objected to by the Attoney General and the Federal Territory Minister.

Let's analyze each of the above:-

Najib as a political force.

We should not forget, UMNO had been the ruling government since independence in 1957, a total of 61 years continuously. It went down in GE14 in 2018. Najib was UMNO's last prime minister proving he, or UMNO, was not invincible at all. Nonetheless, Najib star shone again during the state elections of Malacca in 2021 (when Barisan Nasional won 15 out of 28 seats) or in Johor state election in 2022 when Barisan Nasional won 40 out of 56 seats. In both elections, Najib played a prominent role. Was it a fluke, or was it because of Najib? Because Barisan National lost all Malaccan parliamentary seats in the 2022 general election. In fact, Barisan Nasional which won 38% of popular votes during the state election, saw their popular votes shrunk to 28% during the parliamentary election. The same thing happened in Johor, Barisan Nasional won 43% of popular votes during the state election but saw their popularity halved to 23% during the parliamentary election.

Risk To Zahid

Zahid is probably one of the most unpopular UMNO presidents ever. Should Najib be pardoned and challenge Zahid for the UMNO presidency, the result will be crystal clear. Najib would win hands-down.

Najib Joining Perikatan Nasional

There is bad blood between Najib and Muhyddin, the chairman of Perikatan Nasional. Muhyddin was the Deputy Prime Minister when he was sacked by Najib in 2015. A month before, Najib sacked Muhyddin from UMNO. Muhyddin then was UMNO deputy president.

Full Royal Pardon Objected

Clause (1) Article 42 of the Federal Constitution says The Yang di-Pertuan Agong has power to grant pardons, reprieves and respites in respect of all offences which have been tried by court-martial and all offences committed in the Federal Territories of Kuala Lumpur and Labuan. Further, three members of the Pardon Board are appointed by The Yang di-Pertuan Agong. There goes the argument that The Yang di-Pertuan Agong wanted to give a full royal pardon but was objected by the AG and the Minister for Federral Territory. Of course, The Yang di-Pertuan Agong will take into consideration advices or public sentiments. My humble thought, The Yang di-Pertuan Agong, made the decision based on advices and public sentiments.

Finally, it must be remembered that pardons, if granted, are not subject to judicial review. Finally, like they say, we must move on. Lest we forget, even if Najib was pardoned he would have two or more cases to answer to. It is better for him to wait until all the cases are settled before asking for pardon. Unless he believed the Pardon Board would grant him mercy like what Gerald Ford did to Nixon; "a full, free, and absolute pardon"

To Pardon Or Not To Pardon Part 1

To Pardon Or Not To Pardon Part 2

To Pardon Or Not To Pardon Part 3

To Pardon Or Not To Pardon Part 3: What The Constitution Says

Pardon in Malaysia is provided under Article 42 of The Federal Constitution. Not all pardons are royal pardons, governor or Yang di-Pertuan Negeri have authority for crimes in their respective states except for laws regulating to Islamic religious affairs in the State of Malacca, Penang, Sabah or Sarawak or the Federal Territories of Kuala Lumpur and Labuan of which the power lies with The Yang di Pertuan Agong.

Article 42 says:-

(1) The Yang di-Pertuan Agong has power to grant pardons, reprieves and respites in respect of all offences which have been tried by court-martial and all offences committed in the Federal Territories of Kuala Lumpur and Labuan; and the Ruler or Yang di-Pertua Negeri of a State has power to grant pardons, reprieves and respites in respect of all other offences committed in his State.

(2) Subject to Clause (10), and without prejudice to any provision of federal or State law to remit, suspend or commute sentences for any offence shall be exercisable by the Yang di-Pertuan Agong if the sentence was passed by a court- martial or by a civil court exercising jurisdiction in the Federal Territories of Kuala Lumpur and Labuan and, in any other case, shall be exercisable by the Ruler or Yang di-Pertua Negeri of the State in which the offence was committed.

(3) Where an offence was committed wholly or partly outside the Federation or in more than one State or in circumstances which make it doubtful where it was committed, it shall be treated for the purposes of this Article as having been committed in the State in which it was tried. For the purpose of this Clause the Federal Territory of Kuala Lumpur or the Federal Territory of Labuan as the case may be, shall each be regarded as a State.

(4) The powers mentioned in this Article - (a) are, so far as they are exercisable by the Yang di-Pertuan Agong, among functions with respect to which federal law may make provision under Article 40 (3); (b) shall, so far as they are exercisable by the Ruler or Yang di-Pertuan Negeri of a State, be exercised on the advice of a Pardons Board constituted for that State in accordance with Clause (5).

(5) The Pardons Board constituted for each State shall consist of the Attorney General of the Federation, the Chief Minister of the State and not more than three other members, who shall be appointed by the Ruler or Yang di-Pertua Negeri; but the Attorney General may from time to time by instrument in writing delegate his functions as a member of the Board to any other person, and the Ruler or Yang di-Pertua Negeri may appoint any person to exercise temporarily the functions of any member of the Board appointed by him who is absent or unable to act.

(6) The members of a Pardons Board appointed by the Ruler or Yang Dipertua Negeri shall be appointed for a term of three years and shall be eligible for re- appointment, but may at any time resign from the Board.

(7) A member of the Legislative Assembly of a State or of the House of Representatives shall not be appointed by the Ruler or Yang Dipertua Negeri to be a member of a Pardons Board or to exercise temporarily the functions of such a member.

(8) The Pardons Board shall meet in the presence of the Ruler or Yang di-Pertua Negeri and he shall preside over it.

(9) Before tendering their advice on any matter a Pardons Board shall consider any written opinion which the Attorney General may have delivered thereon.

(10) Notwithstanding anything in this Article, the power to grant pardons, reprieves and respites in respect of, to remit, suspend or commute sentences imposed by any court established under any law regulating Islamic religious affairs in the State of Malacca, Penang, Sabah or Sarawak or the Federal Territories of Kuala Lumpur and Labuan shall be exercisable by the Yang di- Pertuan Agong as Head of the religion of Islam in the State.

(11) For the purpose of this Article, there shall be constituted a single Pardons Board for the Federal Territory of Kuala Lumpur and the Federal territory of Labuan and the provisions of Clauses (5), (6), (7), (8) and (9) shall apply mutatis mutandis to the Pardons Board under this Clause except that reference to "Ruler or Yang di-Pertua Negeri" shall be construed as reference to the Minister responsible for the Federal Territory of Kuala Lumpur and the Federal Territory of Labuan.

Note: The Latin term "mutatis mutandis" simply means "things having been changed that have to be changed"

Since it was first promulgated in 1957, there have been 61 amendments to the Federal Constitution, an average of roughly one amendement a year.

DOWNLOAD MALAYSIA'S FEDERAL CONSTITUTION

To Pardon Or Not To Pardon Part 1

To Pardon Or Not To Pardon Part 2

To Pardon Or Not To Pardon Part 4

To Pardon Or Not To Pardon Part 2: Of Lee Meng And Mokhtar Hashim

LEE MENG

Lee Meng, a famous communist courier during Malayan Emergency was captured by the Special Branch in early 50s. She was sentenced to death for possession of a hand grenade and for ordering several murders. Her case attracted worldwide attention including an offer by the then communist government of Hungary to swap her freedom with a British spy detained in Budapest. Her appeal to the Privy Council was also rejected. Point to note: until 1978, final appeal for criminal cases must be referred to the Privy Council now replaced by the Malaysian Supreme Court.

Lee Meng on her way to court

Since her conviction was in a Perak court, her final appeal was for pardon from the Perak Sultan. And interestingly, her appeal for pardon was supported by more than 50 members of British Parliament. Even Winston Churchill, the then British Prime Minister strongly argued against her pardon but the Sultan of Perak agreed to pardon her and she was banished to China after her pardon.

The three most powerful men during World War 2. Churchill seated left

Lee Meng's case is one of those cases forgotten by history. If you are insterested to read her story written like a novel, buy a book titled The War of the Running Dogs by Noel Barber. But for serious reading, go for Chin Peng's My Side Of History or Leo Comber's Malaya's Secret Police 1945-60: The Special Branch In The Malayan Emergency.

MOKHTAR HASHIM

Mokhtar Hashim was a Federal Minister when he was found guilty of murder and sentenced to death by Kuala Lumpur High Court in 1983. He served as The Minister of Culture, Youth and Sports. The Pardons Board later commuted his sentence to life imprisonment in 1984. In 1991 he recived a royal pardon and was released from prison.

In total, he served less than 10 years in prison. Another point to note, he received his first pardon about a year after he was found guilty.

***

We can learn two things from these two two episodes.

One, Yang di Pertuan Agung or whoever chairs the Pardon Board has absolute discretion in pardon pleas. The Sultan of Perak pardoned Lee Meng even though one of the most powerful figures in history, Winston Churchill objected to it. We must remember Malaya as we were known back then was part of British Colony and Winston Churchill was the British Prime Minister.

Secondly, arguments that say pardons must only be considered after a convict has served one third (and some say two thirds) of his sentence is probably not true. Mokhtar received his first pardon after only a year and his second pardon less than half into his sentence.

To Pardon Or Not To Pardon Part 1

To Pardon Or Not To Pardon Part 3

To Pardon Or Not To Pardon Part 4

To Pardon Or Not To Pardon Part 1: Pardon Across The World

In simple English PARDON means to forgive. Pardon, in law, means release from guilt or remission of punishment. In criminal law, the power of pardon is generally exercised by the chief executive officer or ruler of the state. Wikipedia says a pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction.

Most countries have a pardon sytem, but the implementation of it differs from country to country.

In The United States, the president has absolute power to pardon, but it is limited to federal crimes except for impeachment. And they don't even have a pardon board like us. State crimes come under the authority of state governors.

One of the most controversial pardons by any sitting America presidents was the one issued by Gerald Ford in 1974, when he issued a proclamation pardoning Richard Nixon. He granted Richard Nixon "full, free, and absolute pardon" that ended any possibility of an indictment because of Watergate scandal. The controversy resulted in Gerald Ford losing the presidental election to Jimmy Carter in 1976

The USA will held another presidential election at the end of this year, and another controversy is looming on the horizon. The probability of Donald Trump winning the presidential election cannot be discounted. Trump has massive legal problems, both civil or criminal and I have lost count of how many. Should he win, can he pardon himself? Thats the RM2 billion question, and many people whether law experts or laymen agree he could legally pardon himself.

In Singapore, pardon is known as presidential clemency. Under the Singapore Constitution, power is held by the president of Singapore but upon the advice of the cabinet. In 2018, the then Singapore president Halimah Yacob granted clemency to one Anthony Ler, a murder accomplice. Probably one of the reasons for this because Ler committed the offence when he was below 18. Singapore rarely pardons people on the death row. And often the state does not provide grounds or reasons for its clemency

Pardon in Indonesia is the sole authority of its president, as provided under Article 14 of Indonesia’s 1945 Constitution.

In Thailand, acts of clemency, better known as royal pardon lies entirely in the discretion of the King of Thailand. In September 2023, the King of Thailand commuted former prime minister Thaksin jail sentence from 8 years to one year.

To Pardon Or Not To Pardon Part 2

To Pardon Or Not To Pardon Part 3

To Pardon Or Not To Pardon Part 4

Are Malaysian husbands scared of their wives?

A project manager only goes to sleep during the day when the wife is not around as he feared being beaten up by her, reported Harian Metro.

His wife had wanted a divorce but he had refused, despite knowing that she was having an affair with a lecturer.

It was then that she turned violent scratching his shoulders, strangling him and even trying to stab him with a screwdriver.

A police source said the abuse started in March when he demanded that his wife confess about the affair. Instead, she hit him and lodged a false police report against him.

A month later, the husband, 42, was abused by his wife again when he refused to go to the Syariah Court to file for a divorce.

"The victim stayed with his friend for more than a month because he was afraid of his wife," said the source, adding that the husband eventually moved back home but would sleep when his wife was out.

Worried for his safety, the husband lodged a report at the Sentul police station.

Don't take that toilet break or a crocodile might devour you

A man was bitten by a crocodile during a toilet break under a bridge in Sarawak. He was bitten on his right buttock and the crocodile only let him go after he punched it in the eye. The eye punch resulted in the crocodile releasing its jaws on his buttock.

The heavily bleeding construction worker from Indonesia managed to run away from the crocodile shouting for help from local residents.

Besides a bloody buttock he is believed to suffer from wounds on his ribs.

For RM30, you might lose your life

All because of a RM30 (less than US$10) debt, a man lost his life after he was beaten up by his colleague.

Mohamad Khairul Anuar Osman, 28, died at Kuala Lumpur Hospital early yesterday morning from injuries sustained in the attack.

The victim's 40-year-old housemate and colleague told police that two men came to their rented house in Jalan Puchong Utama 2/1, Taman Perindustrian Puchong Utama at 4.30am.

The housemate identified one of the men as their 55-year-old colleague.

The two men then used bats to bash the victim in the living room and afterwards fled the scene with their weapons.

If your house is being disturbed by mysterious elements like djinns and satans, just loan them some money

A faith healer in Johor who provides treatment based on Quran asked her client to lend some RM6,500 to a djinn in order to protect the client's home from being disturbed by satans and other mysterious elements.

She claimed the djinn would refund the money in a Quran wrapped and stitched in yellow fabric during Aidil Fitri.

Though it is a holiday season, you don't or should never throw live firecrackers on patrolling cops

A crazy shop assistant decided to become an overnight hero by throwing live firecrackers on police who were patrolling a street in Kuala Trengganu on Sunday. Firecrackers are banned in Malaysia.

The 20-year old man tried to escape but was captured after a short chase.