Consensus to reject Bill

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KOTA KINABALU: Sabah and Sarawak Barisan Nasional (BN) component parties’ presidents have come to a consensus that the Private Member’s Bill on the Hudud law should not be tabled in Parliament, said United Pasokmomogun Kadazandusun Murut Organisation (UPKO) acting president, Datuk Seri Panglima Madius Tangau.

“We, leaders in Sabah and Sarawak, have one voice that we will not agree to any move to table this kind of Bill.”

Madius, who is also the Minister of Science, Technology and Innovation, reiterated that the most critical part of the Malaysia Agreement 1963 during the formation of the country was that Malaysia would remain a secular state.

“The Malaysia Agreement has resulted in the Federal Constitution and all of us leaders, especially members of parliament (MPs) and those in the government, have sworn to protect the Federal Constitution. And, we will continue to maintain that.

“We will oppose this attempt to change the Federal Constitution,” he said, when asked to comment on the Private Member’s Bill tabled by PAS president Dato’ Seri Abdul Hadi Awang, after officiating at the fifth International Cryptology and Information Security Conference 2016 (Cryptology 2016) here yesterday.

Madius said, the people of different religious background have been living in peace and harmony in Sabah

“There is no need to change what we have.”

He said the agenda or order of the Private Member’s Bill by Hadi was number 15 during the Parliament sitting.

“It was tabled by way of a motion by a minister under Standing Order 14(2). We have made our stand – no minister should go out of their way to move a motion to table this kind of Bill. If there is no motion to table the Private Member’s Bill of this sort, it will never be tabled,” he said.

Earlier, during the state-level Harvest Festival celebration at the Hongkod Koisaan, Penampang, Madius explained the reason why UPKO objected to the tabling of the Bill by Hadi.

“It has been said that the Private Member’s Bill, tabled on the May 26, is not a Hudud bill and this had been widely debated. The contents of the Bill itself seek to amend Section 2 of the Syariah Court (Criminal Jurisdiction) Act 1965 and to enhance the jurisdiction of the punishment for offence under the Syariah Courts which is limited to a term of imprisonment not exceeding three years, or whipping of not more than six strokes, or fine of not more than RM5,000.”

Madius said there were concerns that once power was given to the Syariah courts to impose any punishment except death, it would then be followed with the introduction of new criminal offenses by the states in the Syariah courts with punishments exceeding the current jurisdiction as allowed under the Syariah Court (Criminal Jurisdiction) Act 1965.

“This will create duplicity of offenses and the creation of two sets of laws governing the citizen of this country which goes against the equality and equal protection guarantees under the Federal Constitution.”

Careful understanding and scrutiny must be made on the Bill, he stressed.

“We do not want a Bill that is slowly being introduced, part by part and new laws being created which contravenes the Federal Constitution. We do not want Parliament to be placed in a position when amendments on the constitution are being push through to allow the inception of certain laws that has been passed earlier. We do not want a Bill that has been passed, to create a ripple effect that requires the amendment to the Federal Constitution.”

Madius pointed out that even matters concerning the conversion and custody of children from a civil marriage when one parent had converted had yet to be settled.

“Can we really afford to have another constitutional crisis which will again create apprehension amongst the people? At times like this, let us look back and remind ourselves of the hope and intention of why Malaysia was formed.

“Our forefathers had the vision to create a great nation with such diverse people with different race, culture and faith to live harmoniously together with respect, acceptance and understanding,” he said.

Madius said from the moment when Tunku Abdul Rahman broached the idea of forming “Mighty Malaysia” on the May 27, 1961 to the birth of our nation on the September 16, 1963, our Federal Constitution was drafted to embody such hope, intention and spirit.

“We have gone through many struggles and overcame challenges since the formation of this nation more than 50 years ago, blessed by the virtue of our Federal Constitution as our guiding light and beacon of hope. We have achieved so much together as one people and as a nation. Let us continue to respect and protect the very foundation that has been laid by our founding fathers that has united us throughout these years.”

He said every federal lawmakers in this country have taken their oath to protect the Federal Constitution in fulfilling their duties and responsibilities of serving this country and its people.

“I for one am determined to fulfill that oath. This is my resolve.

“Much has been said about the Government’s decision to move a motion supporting the Bill to be tabled. This was a surprise to many, especially to the components parties of BN.”

Madius said UPKO has always held true to the principle of ‘Setia Kawan’ in BN.

“And we believe that a consensus decision, after hearing the opinions of each party which represent the various races in Malaysia, would be the best approach.

“We must continue and protect this practice and principle so that we can overcome any challenges together as one people. This is UPKO’s prayer.”

He said PAS, and for that matter all of the people, needed to tread carefully and not to play with the religious sentiments of the people.

“There is nothing sinister nor being disrespectful towards any religion in our stand here, but instead it is solely for the reason to protect and respect what we have fought so hard to maintain in this country, our very own unique identity among its citizen of different culture and faith, and that is being Malaysians.”