Separation of AG and PP powers around the world

Separation of AG and PP powers around the world

Updated 1 hour ago Published on 19 May 2024 11:41AM

MINISTER in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said is reported to have said that the empirical study of the separation of powers of the attorney-general (AG) and the public prosecutor (PP) is expected to be completed this year.

Empirical means based on what is experienced or seen rather than on theory.

It is heartening to note that earlier this month Azalina led a delegation to conduct an empirical study of the separation of powers of the AG and PP in Ottawa, Canada, to identify a suitable model for Malaysia.

The study is expected to continue in Australia in June before concluding in the United Kingdom, with the cooperation of several universities.

Other than Canada, the UK and Australia, another jurisdiction to look at would be Hong Kong.

Another jurisdiction to look at is Mauritius, an island republic in the Indian Ocean. It gained independence from British rule on March 12, 1968 and became a republic in 1992.

Mauritius has a hybrid legal system which combines both civil and common law practices. It is governed by principles drawn from both the French Napoleonic Code and English Common Law. Mauritius has retained the Judicial Committee of the Privy Council of the United Kingdom as its final court of appeal.

Before 1964, there was in Mauritius an office of procureur general (French for chief prosecutor), which has no precise analogue within the British legal system. Under Article XXXVII of Ordinance No 29 (1853) and Article 48 of Chapter 169 of the Laws of Mauritius in force in 1945, the procureur general was expressly empowered to enter a nolle prosequi, which is Latin for ‘we will not prosecute further’.

With the advent of the 1964 Constitution, the office of procureur general came to an end and in its place, there were created two new offices – that of AG and public prosecutions director (DPP). This arrangement was retained in the 1968 Constitution when it attained independence, which remains in force.

Sections 69 and 72 of the 1968 Constitution provide for the offices of the AG and DPP, respectively.

So, why not an empirical study of Mauritius as well?

I have suggested amending the Federal Constitution by adding Article 145A on the DPP with consequential amendments to Article 145 (on the AG).

The government has a two-thirds majority in parliament.

In any case, the proposed amendments should receive bipartisan support such as the constitutional amendments to prevent party hopping (Article 49A). – May 19, 2024.

* Hafiz Hassan reads The Malaysian Insight.

Singapore tightens security after Johor police station attack

Travellers told to expect delays at checkpoints due to enhanced inspections.

Singapore tightens security after Johor police station attack

Updated 1 hour ago Published on 19 May 2024 11:12AM

The Woodlands Checkpoint in Singapore is separated from Johor Baru by only 30km. – The Malaysian Insight file pic, May 19, 2024.

SINGAPORE has tightened security measures following an attack on a Johor police station, which killed two police officers, Bernama reports.

The Home Affairs Ministry said yesterday that it has stepped up security at the country’s checkpoints.

“Travellers should expect delays at the checkpoints due to enhanced checks and factor in additional time needed for immigration clearance.

“Whether in Singapore or travelling overseas, members of the public should stay vigilant and report any suspicious persons or activities to the police,” the ministry said in a statement.

MHA said the authorties are monitoring the situation ad that the Internal Security Department has been in touch with its Malaysian counterparts.

Earlier, police denied that the man who killed two cops at the Ulu Tiram police station was linked to a terrorist group.

Inspector-General of Police Razarudin Husain clarified that the initial statement released by the force saying the suspect was a member of Jemaah Islamiyah (JI) was based on his father’s involvement with the terrorist group.

Razarudin said it was the suspect’s 62-year-old father who was a member of JI.

“The suspect is not affiliated with any terrorist group and has no connection to JI. He is not involved in terrorism,” Razarudin was quoted as saying in reports.

He said police were trying to establish the motive behind the attack.

At 2.45am on Friday, Constables Ahmad Azza Fahmi Azhar, 22, and Muhamad Syafiq Ahmad Said, 24, were killed after they were assailed by a man wielding a machete. Corporal Mohd Hasif Roslan, 38, was shot.

Following the attack, police arrested five family members of the suspect, aged 19 to 62, along with two other people, all of whom were remanded for a week to assist in the investigation under Section 302 of the Penal Code for murder. – May 19, 2024.

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Singapura tingkat langkah keselamatan susulan serangan balai polis Ulu Tiram

Kementerian Dalam Negeri negara itu berkata mereka sedang memantau perkembangan keselamatan global dan seratau dengan teliti.

Singapura tingkat langkah keselamatan susulan serangan balai polis Ulu Tiram

Updated 1 hour ago Published on 19 May 2024 11:06AM

Kementerian Dalam Negeri Singapura (MHA) dalam satu kenyataan hari ini berkata, pihaknya meningkatkan langkah keselamatan di pusat pemeriksaan negara. – Gambar fail The Malaysian Insight, 19 Mei 2024.

SINGAPURA mempertingkatkan langkah keselamatan susulan serangan ke atas balai polis di Ulu Tiram, Johor yang mengorbankan dua anggota polis, lapor Bernama.

Kementerian Dalam Negeri Singapura (MHA) dalam satu kenyataan hari ini berkata, pihaknya meningkatkan langkah keselamatan di pusat pemeriksaan negara.

“Pelancong harus menjangkakan kelewatan di pusat pemeriksaan kerana pemeriksaan yang diperketat dan mengambil kira masa tambahan yang diperlukan untuk urusan imigresen.

“Sama ada di Singapura atau melancong ke luar negara, orang ramai perlu sentiasa berwaspada dan melaporkan sebarang individu atau aktiviti yang mencurigakan kepada polis dengan segera,” kata MHA.

MHA berkata mereka sedang memantau perkembangan keselamatan global dan seratau dengan teliti termasuk serangan di Johor pada Jumaat yang didakwa dilakukan oleh seorang anggota Jemaah Islamiyah (JI).

Jabatan Keselamatan Dalam Negeri (ISD) juga berhubung dengan rakan sejawat mereka di Malaysia.

Terdahulu, polis menafikan lelaki yang membunuh dua anggota polis di balai polis Ulu Tiram mempunyai kaitan dengan kumpulan pengganas.

Ketua Polis Negara Razarudin Husain menjelaskan kenyataan awal yang dikeluarkan pasukan itu mengatakan suspek anggota Jemaah Islamiyah (JI) adalah berdasarkan penglibatan bapanya dengan kumpulan pengganas itu.

Razarudin berkata bapa suspek berusia 62 tahun yang merupakan anggota JI.

“Suspek tidak mempunyai kaitan dengan mana-mana kumpulan pengganas dan tidak mempunyai kaitan dengan JI. Dia tidak terlibat dalam keganasan,” kata Razarudin dalam satu laporan.

Beliau berkata polis sedang berusaha untuk mengenal pasti motif di sebalik serangan itu.

Pada 2.45 pagi Jumaat, Konstabel Ahmad Azza Fahmi Azhar, 22, dan Muhamad Syafiq Ahmad Said, 24, maut selepas mereka diserang oleh seorang lelaki yang bersenjatakan parang. Koperal Mohd Hasif Roslan, 38, ditembak.

Susulan serangan itu polis menahan lima ahli keluarga suspek berusia 19 hingga 62 tahun bersama dua lagi yang kesemuanya direman seminggu bagi membantu siasatan mengikut Seksyen 302 Kanun Keseksaan kerana membunuh. – 19 Mei 2024.

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111 towns, cities at risk of floods from rising sea levels, says minister

Severe heatwaves, rainfall having an impact on the environment, says Nik Nazmi.

111 towns, cities at risk of floods from rising sea levels, says minister

Updated 2 hours ago Published on 19 May 2024 10:21AM

Severe heatwaves and rainfall due to climate change are having an impact on the environment, says a minister. – The Malaysian Insight file pic, May 19, 2024.

MORE THAN than 100 towns and cities on the peninsula are at risk of severe flooding due to rising sea levels, Natural Resources and Environmental Sustainability Minister Nik Nazmi Nik Ahmad said.

Speaking to New Straits Times in a podcast, he said severe heatwaves and rainfall due to climate change are having an impact on the environment.

“It is expected that with the rise in sea levels, 111 towns and cities across the peninsula of Malaysia, particularly Penang, Selangor, Johor, Kedah, Malacca, and Terengganu, will be affected.

“You’ve seen erosion occurring on beaches. (Beaches) that used to be there are now erased. In residential areas, you have seawater infiltrating the drains due to the rising sea level.

“So that is something real which we need to address. An adaptation plan is important,” the minister said.

Nik Nazmi said a national plan is currently in the works to address the problem.

“Moving forward, we are working on a national adaptation plan. I think that’s key because when we talk about putting up solar plants, electric vehicles or public transport, those are mitigation measures.

“You want to reduce carbon emissions and that’s important. But you also need to adapt because the world has progressed so fast so mitigation alone won’t be sufficient.”

Maintenance, he said, has always been a significant challenge in addressing environmental issues, no matter how well-crafted the policies and guidelines.

“I think, in a sense, maintenance (on the environment) has always been a challenge. We have nice policies and guidelines, but how do we keep up with the maintenance?

“But to also be fair to our policymakers, (the challenge) is due to all the severity of the heatwaves, rains, and storms that are getting worse because of climate change.

“A lot of engineers, for example, are having to revise their forecast.” – May 19, 2024.

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Ulu Tiram cop killer not linked to terrorist group, says IGP

It is the suspect's father who is a member of Jemaah Islamiyah, police clarify.

Ulu Tiram cop killer not linked to terrorist group, says IGP

Updated 3 hours ago Published on 19 May 2024 9:48AM

Inspector-General of Police Razarudin Husain says the cops are working to establish the motive behind the killing of two of their colleagues at the Ulu Tiram police station in Johor. – Facebook pic, May 19, 2024.

POLICE have denied that the man who killed two cops at the the Ulu Tiram police station is linked to a terrorist group.

Inspector-General of Police Razarudin Husain clarified that the initial statement released by the force saying the suspect was a member of Jemaah Islamiyah (JI) was based on his father’s involvement with the terrorist group.

Razarudin said it was the suspect’s 62-year-old father who was a member of JI.

“The suspect is not affiliated with any terrorist group and has no connection to JI. He is not involved in terrorism,” Razarudin was quoted as saying in reports.

He said police were trying to establish the motive behind the attack.

At 2.45am on Friday, Constables Ahmad Azza Fahmi Azhar, 22, and Muhamad Syafiq Ahmad Said, 24, were killed after they were assailed by a man wielding a machete. Corporal Mohd Hasif Roslan, 38, was shot.

Following the attack, police arrested five family members of the suspect, aged 19 to 62, along with two other people, all of whom were remanded for a week to assist in the investigation under Section 302 of the Penal Code for murder. – May 19, 2024.

Sanusi’s apology

Will Kedah now have a better relationship with the federal government?

Sanusi’s apology

Updated 4 hours ago Published on 19 May 2024 8:00AM

Muhammad Sanusi Md Nor has apologised to the prime minister for any inappropriate remark he might have made while carrying out his duties as the Kedah menteri besar. – The Malaysian Insight file pic, May 16, 2024.

KEDAH Menteri Besar Muhammad Sanusi Md Nor’s apology to Prime Minister Anwar Ibrahim and his cabinet earlier this month will only bring positive outcomes, said analysts.

They said the apology would clear the path for better cooperation between the state and federal government.

Ilham Centre executive director Hisomudin Bakar said Sanusi’s apology to Anwar has brought an end to a rift between Kedah and the federal administration.

“As Kedah cannot stand on its own without the help of the federal government, this apology has cleared the path (to a better working relationship between the two),” he said.

At the Madani Raya celebrations in Tasik Darulaman, Sanusi said sorry to Anwar for any inappropriate remark he might have made while carrying out his duties as the menteri besar.

Sanusi also extended the same apology to members of the cabinet, saying it was human to make mistakes.

Hisomudin said Sanusi now has a better chance of having his wishes for Kedah granted.

“Sanusi will negotiate to fulfil the wishlist he gave Anwar in their last meeting. His great hope is that all development projects will get the green light from Putrajaya. If successful, development in Kedah can be realised under Sanusi. This will give him and PAS an advantage and he will possibly remain (Kedah menteri besar) for the next term,” he said.

But Sanusi still faces Home Minister Saifuddin Nasution Ismail, who is the Kedah Development Action Council co-chair, he said.

“Hopefully, Anwar will instruct his minister to agree to a meeting so that the problems in Kedah can be resolved,” he said.

As for the relationship between PAS and Pakatan Harapan (PH), Hisomudin said he does not see any foreseeable changes if PAS president Abdul Hadi Awang does not resolve the issues between his party and Anwar’s coalition.

PAS is pragmatic enough to achieve its goals, Hisomudin said.

International Islamic University Malaysia’s Tunku Mohar Tunku Mohd Mokhtar said Sanusi’s open apology has at least improved Kedah-Putrajaya relations.

“An improvement in federal-state relations can bring economic benefits to the state,” he said.

The political science assistant professor said it could also soothe tensions between the two rival political coalitions.

“Politically, it can ease tensions not only between the federal and state governments, but also between PH and Perikatan Nasional (PN). This could get both sides to focus on issues affecting the people and to address them together,” he said.

Associate professor Awang Azman Awang Pawi at the Universiti Malaya Centre for Democracy and Elections said not all PN state leaders felt the same way as Sanusi.

“Perlis, Kelantan, and Kedah might share the same feelings but Terengganu might not. Some still can’t accept Anwar’s leadership and don’t see him as a good leader for the country,” he said.

PAS youth chief Afnan Hamimi Taib Azamudden downplayed the apology, saying it was the “normal” thing for Muslims to do during Raya.

“I’d say that Sanusi is a big-hearted person because he apologised. But his apology should not have any impact to the state-federal relationship. The federal government has to take care of all the states whatever the situation is,” the Alor Star lawmaker said. – May 19, 2024.

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Constitutional for UiTM to admit non-Bumi, says group

Lawyers for Liberty urges govt not to buckle to ethnonationalists.

Constitutional for UiTM to admit non-Bumi, says group

Updated 1 day ago Published on 18 May 2024 12:49PM

Lawyers for Liberty director Zaid Malek says that UiTM is ultimately a public university funded by Malaysian taxpayers and should be utilised to ensure that the healthcare system of the country does not deteriorate any further. – Facebook pic, May 18, 2024.

ALLOWING non-Bumiputera to enter UiTM does not violate Article 153 of the federal constitution, human rights group Lawyers for Liberty (LFL) said.

Its director Zaid Malek said the multitude of statements from various quarters on the issue have misunderstood and twisted the meaning of Article 153 of the constitution and its relation to UiTM.

Zaid was responding to Bersatu Youth’s statement that opening UiTM to other races violates Article 153 of the federal constitution.

“The statement from Bersatu youth was issued in support of UiTM students protesting against a proposal to temporarily allow non-Bumiputera to enrol in the cardiothoracic surgery postgraduate programme.”

“This has also prompted a statement from Higher Education Minister Zambry Abdul Kadir, who states that the matter has not been discussed or approved by his ministry, which stands firm on emphasizing UiTM’s establishment under Article 153 of the federal constitution.”

“This is hardly surprising as successive governments and political leaders since the early ’70s have consistently misinterpreted and abused the application of Article 153 for political gain at the expense of national unity. This has led to disadvantages for non-Bumiputera which is not envisaged by Article 153,” said Zaid.

According to Zaid – a lawyer himself – Article 153(2) allows the king to determine a reasonable proportion of educational privileges for the Malays and the natives of Sabah and Sarawak.

“But Article 153(1) states clearly that the legitimate interests of other communities must be safeguarded when utilising said provision,” he explained.

“As such, there is certainly nothing within Article 153 that would make it unconstitutional to allow non-Bumiputera to enrol in any of UiTM courses,” he added.

In a statement, UiTM said it will stay true to its mission to “empower the Bumiputera” and will not change its student admission policy to take in students of all races.

Vice-chancellor Shahrin Sahib said neither the senate nor executive council had discussed changing its student admission policy, adding this was in line with Zambry’s statement that the government remained committed to the original objectives of UiTM.

Following a proposal for the institution to admit students of all races, Zambry had said that certain parties had taken advantage of the situation to create confusion and conflict.

The UiTM’s student council had opposed the suggestion, urging its members to dress in black in protest.

The student body had said that all 214 of its members firmly defended UiTM’s founding objectives as an institution for Malays, Orang Asli, and the natives of Sabah and Sarawak.

Zaid urged government not to buckle and simply accede to calls by overzealous ethnonationalists who ignore the dire state of the healthcare system.

He added that UiTM is ultimately a public university funded by Malaysian taxpayers and should be utilised to ensure that the healthcare system of the country does not deteriorate any further.

“The availability of surgeons could mean the difference between life and death to the public, whether they are non-Bumiputera or Bumiputera.”

“The political system makes differences between Bumi and non-Bumi, but disease does not,” he stressed. – May 18, 2024.

Indonesian cuisine with its fine, gently spiced nuances

Stepping into Betawi Indonesian Cuisine in TTDI when it was only a week old. 

Indonesian cuisine with its fine, gently spiced nuances

Updated 1 day ago Published on 18 May 2024 12:00PM

The must-order tahu telor: bean curd piled with vegetables and sitting on a sweet spiced sauce. – The Malaysian Insight pic, May 18, 2024.

I HAVE always liked Indonesian cuisine for its diversity, differing from one region to another in that country.

It’s also the land of spices, used in its cooking, manifesting in its marinades, curries and traditional drinks among them.

We couldn’t resist stepping into Betawi Indonesian Cuisine in TTDI when it was only a week old. It was lumpia bebek and lumpia sayur for starters, then ikan bobor bayam, igar bakar nasi bakul, pucuk pakis kalio, and that must-order tahu telor.

The last is what I was familiar with, but Betawi’s was different. Instead of a fluffy deep-fried bean curd filled with vegetables and drizzled with sauce, we got a harder bean curd piled with vegetables and sitting on a sweet spiced sauce.

It was a house-made bean curd we were told. Past the “meaty” bean curd, we liked the sauce.

We started lunch with lumpia bebek and lumpia sayur, served with a peanut dip and tangy sambal. The lumpia or popiah was delicious. I bit into a fine crispy skin, and moist shredded duck, stewed Sumatran style.

We were offered four sambal to try – terasi, balado hijau, sambal gorek and sambal mbeq, each with its own level of chilli heat and nuances. – The Malaysian Insight pic, May 18, 2024.

Lumpia Sayur was tasty too, lifted up by the nutty, fragrant dip.

Ikan bobor bayam is fried tilapia fish fillet on coconut milk and spinach topped with sambal matah and crispy sweet potato.  I enjoyed this unusual fish dish.

The fried fish fillet sat on a lightly sweet and spiced coconut sauce, with chilli heat from the sambal matah (a Balinese raw sambal). Crispy thin slices of purple and yellow sweet potato were piled on top of the fish.

Iga bakar nasi bakul has nasi uduk (steamed rice in coconut milk), topped with braised beef ribs and presented in a basket lined with banana leaves.

The dark ribs had been marinated in kicap manis and spices before the braising. A perky sambal and lime juice give the finishing touch to the rice.

The sticky, caramelised tender ribs tasted quite good with the sambal and rice. The rice was 2 to 3 pax, and 5 of us couldn’t finish it.

Pucuk pakis kalio had deep-fried pucuk paku in a soupy Indonesian rendang sauce, and topped with fried shallots.

It’s quite a departure from the usual vegetable dishes. So, we had crispy paku combined with the sauteed ones in the delicious sauce.

We were offered four sambal to try – terasi, balado hijau, sambal gorek and sambal mbeq, each with its own level of chilli heat and nuances.

The lumpia bebek, which was delicious. – The Malaysian Insight pic, May 18, 2024.

Dessert was the Indonesian Panna Cotta or som som, as they call it. It’s a smooth rice jelly topped with fruits and gula jawa.

The drinks menu caught our eye too. I was happy with my traditional Indonesian drink of bir pletok, pleasantly spiced and lightly sweet.

There was also the soda mangga naga, with mango, dragon fruit, ice cream and sago.

The vegetable dishes are priced from RM15, the lumpia is RM12 for the duck, and RM9 for the vegetable one. Iga bakar nasi bakul is RM80, ikan bobor bayam is RM40. 

Betawi Indonesian Cuisine is at 31 Jalan Tun Mohd Fuad 3, Taman Tun Dr Ismail, Kuala Lumpur, tel: 017 419 1210. – May 18, 2024.

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Singaporean among 7 remanded a week over Ulu Tiram police station attack

Five of them from suspect's family, two are higher ed students.

Singaporean among 7 remanded a week over Ulu Tiram police station attack

Updated 1 day ago Published on 18 May 2024 11:58AM

Seven people who were detained on Friday over the attack on the Ulu Tiram police station have been remanded for seven days. – Facebook pic, May 18, 2024.

SEVEN people, including a Singaporean, who were detained on Friday over the attack on the Ulu Tiram police station have been remanded for seven days.

Magistrate Hidayatul Syuhada Shamsudin issued the remand order which will be in effect from today (May 18) until Friday (May 24) .

The remand order against the seven suspects, aged 19 to 62, was issued at the Seri Alam district police headquarters.

Those remanded include five members of the suspect’s family and two students from local higher education institutions.

Police are investigating the case under Section 302 of the Penal Code for murder.

The suspects were represented by the National Legal Aid Foundation’s (YBGK) Muhammad Zahier Rosli, Bustaman Menon Abdul Hamid Menon and Sulaiman Zamani, except for the Singaporean.

In the 2.45am ambush on the police station on Friday, three people were confirmed dead.

The dead constables are Ahmad Azza Fahmi Azhar, 22, and Muhamad Syafiq Ahmad Said, 24, while another policeman was injured after they were attacked by an intruder at the Ulu Tiram station.

The injured policeman, Mohd Hasif Roslan, is warded at the Sultan Ismail Hospital.

Inspector-General of Police Razarudin Husain said the intruder is believed to have been a member of Jemaah Islamiyah.

Jemaah Islamiyah was an Indonesia-based militant group dedicated to the establishment of an Islamic state in Southeast Asia. It was founded by Muslim preacher Abu Bakar Bashir in the early 1990s.

The group was linked to al-Qaeda and was responsible for the 2002 Bali bombing. – May 18, 2024.