MCA Legal Bureau to Mukhriz Mahathir: Respect the Federal Constitution. Don’t mess up Malaysia’s education system

3/12/2008

Media Statement

Issued by MCA Legal Bureau in response to Jerlun MP YB Dato’ Mukhriz Mahathir’s call for the abolition of vernacular school system

MCA Legal Bureau to Mukriz Mahathir: Respect the Federal Constitution. Don’t mess up Malaysia’s education system

The Federal Constitution is yet again under siege and this time Article 152 is tested notwithstanding that it is trite that the questioning of Part III or Articles 152, 153 and 181 of the Federal Constitution is deemed seditious and made absolute by section 3 Sedition Act 1948 [revised 1969].

Mukhriz’s call for the abolition of the vernacular school system by integrating it into the national school system fly in the face of Article 152[1][a] which inter-alia states that ‘no person shall be prohibited or prevented from using [otherwise than for official purposes] or from teaching or learning any other language and [b] nothing in this Clause shall prejudice the right of the Federal Government or of any State Government to preserve and sustain the use and study of the language of any other community in the Federation’.

Such call is seditious as defined in Section 3 [1][f] Sedition Act 1948[revised 1969] where a ‘seditious tendency’ is inter-alia questioning any matter, right, status, provision privilege, sovereignty or prerogative established or protected by the provisions of Pts III of the Federal Constitution or Articles 152, 153 or 181 of the Federal Constitution. MCA condemns such irresponsible statement and calls for an immediate end to such political posturing.

MCA invites all Malaysians to visit the case of Melan Bin Abdullah & Anor vs PP [1971] 1 LNS 77 where on appeal, the High Court held that the prosecution has proven its case to the hilt. In this case, the Utusan Melayu on 6^th April 1971 an editorial subheading : ‘Hapuskan Sekolah Beraliran Tamil atau China’. The Court held that the subheading was a clear violation of what was laid down in Article 152 and therefore comes squarely within the definition of ‘serious tendency’ as extended by para [f] Section 3 Sedition Act 1948.

Mukhriz in making the statement in Parliament lobby went on to justify that he did not have any other intention when coming up with the suggestion except to unite the people is no excuse. The Learned Judge in Melan Bin Abdullah said’…..In my view para [f] is unique in that it raises a presumption of law that anything falling squarely within the terms thereof has a serious tendency, irrespective of whether or not such things sows any seeds of disaffection……’

Further in PP v Mark Koding [1982] 1 LNS 96, the accused, an MP was charged with uttering seditious words in the course of his speech in Malay in Dewan Rakyat on 11^th October 1978 where he, inter-alia called for the closure of Chinese and Tamil schools by questioning the policy of the Government in allowing Chinese and Tamil Schools to continue in this country. He questioned the use of Chinese and Tamil on road signboards. He went one step further by suggesting that if such closure and restriction contravene Article 152, then the Federal Constitution should be amended in the interest of the people and the nation. Mohamed Azmi J [as he then was] found the accused guilty.

In PP v Marking Koding an MP in his speech in Parliament uttering seditious words was charged and found guilty by the Court for inter-alia advocating the closure of Chinese and Tamil schools. Now, MP for Jerlun has also made suggestion to abolish Chinese /vernacular schools in the lobby of Parliament. In light of the above authorities, are the statements made not seditious?

MCA Legal Bureau demands MP for Jerlun to make a public apology to all Malaysians and refrains from such political rhetoric. The law is clear and no one is above the law. The supremacy of the Federal Constitution must be defended at all times and respected by all Malaysians.

Datuk Leong Tang Chong

Chairman

MCA Legal Bureau