Press Statement By DAP Secretary-General And MP For Bagan Lim Guan Eng In Kuala Lumpur On 18.6.2014.
DAP expressed shock at the arrest of DAP’s Seri Delima assemblyperson RSN Rayer at the Penang North-East Police District Headquarters in Jalan Pattani where he is expected to be charged under Section 4(1) of the Sedition Act tomorrow morning over his “Umno celaka” remark. I was informed by Rayer who is presently posting police bail, whilst I am here in Kuala Lumpur attending the Conference of Rulers at the Royal Palace.
Rayer reiterated that he had never repeated outside the House what he had said inside the State Assembly meeting. As such this sedition charge against Rayer is not only politically motivated but also double-standards and selective prosecution by the Attorney-General. To be charged for sedition for a statement made against another political party and not against any racial groups inside the House is also disrespect bordering on contempt to the supremacy of parliamentary democracy as well as to the sanctity of the Penang State Assembly as the highest institution in Penang.
No elected representative has ever been arrested and charged for sedition for insulting another political party inside Parliament or the State Assembly. Elected representatives enjoy full legal immunity from prosecution except when they question any matter, right, status, position, privilege, sovereignty or prerogative established or protected bythe provisions of Part III of the Federal Constitution or Article 152, 153 or 181 of the Federal Constitution.
UMNO is not protected by any of these four provisions in the Federal Constitution. If insulting another political party is the new yardstick for prosecution, then can the Attorney-General guarantee those UMNO leaders who use such vulgar and false language against the DAP inside Parliament or state Assembly would be similarly arrested and charged under the Sedition Act.
For Rayer to be charged under the Sedition Act for statements made, which the Penang State Assembly Speaker had not directed him to withdraw is clearly an act of political vengeance and abuse of power by UMNO against the DAP. No action has been taken against UMNO hooligans who attacked DAP Headquarters in Kuala Lumpur and DAP Kuantan office.
DAP will vigorously defend Rayer not just because he is our Assemblyman but to protect, preserve and defend the sanctity and supremacy of the State Assembly as the symbol of parliamentary democracy. By wrongfully charging an elected representative for what he said inside the House against another political party, the BN Federal government is going backwards in a quick descent from parliamentary democracy to parliamentary dictatorship to justify their partisan bayings for vengeance.
LIM GUAN ENG
—–Mandarin Version —
民主行动党秘书长兼峇眼区国会议员林冠英于2014年6月18日在吉隆坡发表的文告:
民主行动党对于行动党斯里德里玛州议员在百大年路的槟城东北区警察总部被捕表示震惊，雷尔预料他将因为“巫统混蛋”的言论在明日以煽动法令第4之1条文之下被控煽动罪。我是接到目前在保释的雷尔亲自通知这件事，而我本身目前身在吉隆坡王宫出席统治者会议。
雷尔重申他不曾在议会之外重复他在州议会进行时所说过的言论。因此，这项煽动控状不只是含有政治动机，更是总检察长双重标准及选择性提控。针对其他政党的言论被当局以煽动罪提控，但却不是以煽动罪提控任何种族份子毫无尊重地冲撞民主议会及玷污神圣的槟城州议作为槟城最高权力机构的神圣殿堂。
大马历史上无论是在国会或州议会都不曾有过民意代表因为在议会里侮辱另一政党而必须面对被捕及被控煽动罪的遭遇。民选代表享有完全的免控权，除非当他们质疑联邦宪法第3部份或联邦宪法第152、153及181条文之下受到保护的事宜、权力、位阶、地位、特权、主权或特权之建立。
巫统在联邦宪法并不受上述四个条文的保护。如果侮辱另一个政党是新的提控标准，那么总检察长能否确保那些在国会或州议会内，用粗俗言语对待行动党的巫统领袖也在煽动法令下被逮捕及提控。
雷尔所发表的言论，槟城议会没有指示他撤回言论，结果反在煽动法令下被提控，很明显地是巫统针对行动党进行的一项政治报复及滥权。当巫统流氓攻击行动党吉隆坡总部及关丹办公室时，当局并没有采取任何行动。
行动党会全力以赴为雷尔辩护，不只是因为他是我们的州议员，我们也要保护、维护及捍卫州议会做为国会民主象征的圣洁及崇高性。如果一名州议员可以因为他在议会发表针对另一个政党的言论而被提控，国阵联邦政府简直是在开倒车，从议会民主倒退到议会独裁，如此才能合理化他们因偏袒而采取疯狂报复行为。
林冠英