I thank the Penang Bar Committee as Organisers of today’s inaugural Karpal Singh Forum for inviting me to attend and launch this prestigious event. Karpal’s passing has left a void in all of us, especially during deeply troubling and challenging times such as these.
From an already archaic and draconian law, the Sedition Act with its latest amendments has morphed and mutated into a juggernaut that tramples on human rights, assaults the senses and curtails the freedom of citizens of this country in every way possible. Motivated by fear – fear of speech, thought and liberalism – the powers that be, have stopped at nothing short of attempting to programme everyone into being meek and mindless robots.
I am told by the Organisers that the theme for this Forum in memory of the late Karpal Singh was chosen more than 6 months ago. Yet the timing of this event to commemorate him a year after his untimely passing has seen a flurry of events unfolding which puts the future of this country and all Malaysians at stake. Far from moving ahead as a developed nation, we have regressed further and further. The country’s rich resources have been ravished by economic bandits and ingrained potential of its people are not given the prominence they deserve. We celebrate not excellence but mediocrity, we glorify not integrity but revel in corruption and waste.
Nobody can tell us with any certainty what ‘sedition’ actually is. The definition, or rather its absence thereof, is subjective and open to various interpretations with a wide discretion given to the prosecuting authorities that creates more room for abuse and selective prosecution by the authorities.
The Federal Constitution which is supposed to be the law of the land has now taken a back seat and the previous guarantee of equal protection of every Malaysian – regardless of gender, religious belief, and ethnic origin – is slowly diminishing. In defiance of the Federal Constitution, various laws have been put in place – bulldozed through at the wee hours of the morning during the last Parliamentary sitting. Parliament is a mere rubber-stamp for the powers that be who will have us believe that these laws are for protecting the country and its citizens. But every right-thinking man, woman and even child will realise that those laws are designed to do nothing more than infringe on our human rights and personal liberties.
Users of electronic media are not spared either as there is the threat of a prohibition order which can prevent someone from using a smartphone, tablet, desktop and any other electronic device if they are found guilty posting something seditious – or rather, deemed to be seditious by the authorities who have widespread powers.
Many people feel that the Sedition Act or the Prevention of Terrorism Act and other such laws do not affect them. Perhaps it is due to a sense of apathy or ignorance. But I assure you that it does.
The oppressive amendments to the Sedition Act is an open attack on the Malaysian people in 10 key areas:-
1. Attack on fundamental human rights of freedom of speech and expression as enshrined in the United Nations’ Universal Declaration of Human Rights and even our own Federal Constitution. There used to be freedom of speech but no freedom after speech in Malaysia. With these harsh amendments, that provides sentencing of up to 20 years in prison, there will be neither freedom after speech nor freedom of speech.
2. Attack on freedom of the press, especially the online media. Clearly the amendments permit the BN government to extend its tentacles to silence and stifle the free voices in the online media, just as have they have controlled and manipulated the mainstream media;
3. Attack on the rule of law where lawyers say there was still no clarity of what amounts to “seditious tendency” in Section 3(1), but there is now a new clause of seditious tendency that is vague. Further there is no justice when no consideration is given to a youthful or first time offender.
4. Attack on the judiciary where the fixing of a minimum sentence of 3 years imprisonment, is a gross interference with judicial discretion on sentencing. Further is the government not only disrespecting but also in contempt of the judiciary by making such amendments, when it is sub judice as the issue is still pending decision by the Federal Court on whether the sedition law is constitutional.
5. Attack on parliament and the parliamentary process by delimiting the right of MPs and State Assemblymen to enjoy the right of legal immunity of anything said in the House by even prosecuting for sedition the Penang DAP ADUN for Sri Delima, YB RSN Rayer when he attacked UMNO in the Penang State Assembly. Further, BN has treated Parliament as a mere rubberstamp by bulldozing bills in the early hours of the morning and only giving short notice of less than 2 days for such an important amendment bill.
6. Attack on honourable and noble conduct of keeping one’s word and promises, especially the Prime Minister’s thrice repeated promise to abolish the Sedition Act. 15/9/2011, July 2012 and 2 July 2013. Failure to keep one’s promises gives politicians a bad name, if even the Prime Minister can do it without any shame or regret.
7. Attack on Malaysia’s role in the United Nations Human Rights Council, of which Malaysia is a member. Malaysia will become a laughing stock of being a member of a UN council promoting human rights when it is stamping out freedom of expression.
8. Attack on creativity and innovation which relies on the 3Ts of Talent, Technology and Tolerance of new ideas;
9. Attack on our future where our future generation will live in a climate of fear and be silenced by fear. What difference will this future be from the box-office movie The Hunger Games, where sedition is also severely punished.
10. Attack on the opposition, which has been victimised by selective prosecution and double-standards where the enhancement of punishment under these amendments, will automatically disqualify a member of Parliament or State Assemblymen. So far 160 people have been arrested, from law professors to a cartoonist representing all sections of society! Amongst the list of DAP leaders, MPs and ADUNs charged or investigated under the Sedition Act are as follows(see attached)
People like Karpal Singh have fought tooth and nail against any form of injustice and oppression. The current and future generations must do the same. Only when there is no longer any repression and oppression can we call ourselves a truly democratic and developed country free from corruption and abuse of power.
I wish to share a quote by Albert Einstein who said, “The world will not be destroyed by those who do evil, but by those who watch them without doing anything”. That is the very philosophy and mantra of Karpal Singh; how he lived his life, how he positively affected, moved and inspired those around him. Let us honour him by doing something and standing up against those who do evil.
I lastly applaud and congratulate the Penang Bar Committee for holding this Forum in memory of Karpal Singh and to carry on the good fight by educating and creating awareness among the public and society at large, especially the younger generation, as to how unjust and oppressive laws like the Sedition Act affects each and every one of us.
—–Mandarin Version —–
感谢槟城律师公会今天主办卡巴星论坛及邀请我与会及主持开幕。卡巴星的离世，让人们留下遗憾，尤其是在水深火热的挑战时刻。
煽动法令这项过时的恶法，在最新一轮的修法当中，已经变本加厉，恐怖地侵蚀着人权，无所不用其极地侵犯及限制国民的良知与自由。以恐惧驱使来维持权力，让人们惧怕发言、惧怕表达想法及惧怕拥抱自由主义，最终只会将所有人洗脑成为温顺及盲目的机器人。
据我所知这项以纪念卡巴星为主题的论坛，早在6个月前已经定案。在卡巴星骤逝一年后的此时此刻，发生了许多让人们慌乱的事件，把国家及全民的未来当赌注。我们的国家离先进国还远着呢，更甚的是我们不进则退。我国的丰富资源已经被经济强盗给玷污，让理应获得照应的国民一无所得。 我们不因卓越却为庸俗而欢呼，我们不因廉洁却为沉醉在贪污与挥霍中深感荣耀。
没人能为“煽动”说初一个所以然来。“煽动”的定义，有与否，皆是主观及开放式的诠释，这宽广的诠释空间让检控单位制造了更多的滥权空间进行选择性检控。
原作为我国法源的联邦宪法，如今被束之高阁，原本不分性别、宗教信仰及族群的全民保障正一点一滴的消失。在违宪的情况下，各种恶法在时间停摆下，在凌晨强行在国会通过。原本作为立法保护国家与人民的国会，如今只不过是政权的的橡皮章。但每个有良知想法的男女老少都会发现，这些恶法什么都不作，目的只是侵蚀人权，钳制个人自由。
电子媒体使用者将无可幸免，若发现任何人发布含有“煽动”或只是看来似乎“煽动”的讯息，将会被有关法令对付及禁止使用智能手机、平板电脑、桌上型电脑及其他电子配备。
很多人以为煽动法令、反恐法令及其他类似法令不会影响他们，这或许是冷漠与无知使然，但我肯定告诉你将受影响。
有关修订法案具打压性，通过后将会在10个关键领域中对马来西亚人造成极大的伤害：
1对联合国人权宣言及我国宪法保障下的言论与表达自由等基本人权，进一步造成伤害。一直以来，我们拥有表面的言论自由，但没有“言论后的自由“。在通过这苛刻的修订法案后，将能囚禁有关人士最高20年，且不得保释。言论自由及发表言论后的自由，统统殆失；
2对新闻自由特别是网络媒体造成伤害。显然的，这项修订法案将促使国阵政府的触手进一步延伸，以捂住网络媒体的自由声音，一如他们过去对主流媒体所做的一切般，操控言论；
3. 对法治造成伤害。律师现在仍不清楚在煽动法令3（1）中“煽动倾向”的意义为何？其解释模糊，令人费解。这对年轻的初犯者来说并不公平，因为后者没有给予机会辩解。
4. 对司法造成伤害。其最低3年徒刑或不准保释的惩处，对我国司法审判来说是一项严重粗暴的干涉。目前联邦法院仍在讨论煽动法是否违宪当中，政府仓促修法，是不尊重且践踏司法。
5. 对议会造成伤害。恶法生效后将夺走议员在议会上的言论免责权，国州议员不再能够畅所欲言，就像槟州民主行动党斯里德里玛区州议员雷尔，之前不过是在议会上批判巫统议员，最后却落得被警方以煽动法令调查的结果。国阵现在视国会为橡皮图章，用以通过他们想要的法案。他们在凌晨中草草了事，在这么重大的事件上，他们给予的通知却少于两天；
6. 对政治人物的操守与承诺造成伤害，特别是政府领袖。人们不再对领袖所答应的事项有所期许，因为就连首相食言也毫无悔过之意；
7. 对马来西亚在联合国人权理事会的成员国角色造成伤害。马来西亚会因为践踏言论自由而成为联合国人权理事会成员国的笑柄。
8. 对创意及革新造成伤害。创意与革新仰赖人才、科技及包容，恶法将对此产生破坏；
9. 对我们的未来及下一代造成伤害，因为我们终将生活在恐惧及被噤声的氛围当中。这就像电影《饥饿游戏》一样，一旦发现煽动，就重刑侍候；
10. 对反对党造成伤害。选择性及双重标注的指控，加上刑罚增重，会让议员自动丧失资格。目前已经160名人士被逮捕，社会各阶层人士从大学教授到漫画家皆无可幸免。附件为民主行动党领袖、国会议员、州议员在煽动法令下被控或被调查的名单。
卡巴星遇到不公不义的事会义无反顾地捍卫到底。现在及未来的世代，也必须这么做。唯有不再遭到压迫与迫害，我们才能称得上真正的民主国家及不贪污滥权的先进国
我希望分享爱因斯坦的一句话“世界不因作恶之人而毁，但却因那些冷眼旁观恶人作恶之人而毁”。这也是非常卡巴星式的人生哲学，他的人生、他如何正确地影响、驱动及启发他周遭的人。就让我们一起起而对付作恶之人，作为敬重卡巴星的方式。