Press Statement By Penang Chief Minister Lim Guan Eng In Komtar, George Town On 24 March 2018.
PDRM Penang has written to me to record my statement for dancing along to a song mocking the Goods and Services Tax (GST) at an event on 17 March 2018 attended by the children in a low-cost flat in Mutiara Idaman 2, Jelutong. (See letter attached) The police is investigating me under Section 233 of the Malaysian Communications and Multimedia Commission (MCMC) Act which carries a fine not exceeding RM 50,000, a prison term not exceeding one year, or both.(see the section attached)
For BN to make a song and dance over this anti-GST song by launching a criminal investigation on a Penang Chief Minister, that can put me to jail for one year is clearly a gross abuse of power. Is singing a song now a crime in Malaysia? That this police action is politically motivated is not in doubt, there is no mention in the song of any BN leader, nor any political party nor the BN government.
And yet the police considers this as just cause to conduct a full-scale criminal investigation on a Penang Chief Minister. Is such “special attention” due to the fact that I am a Pakatan Chief Minister? Can the police reveal how many times police statements were recorded from BN Deputy Ministers, Menteri Besars, Ministers, Deputy Prime Minister and Prime Minister for police reports lodged against them?
Clearly the police would not do so and this is a clear case of double-standards to harass and distract me from my government duites, my party work and election preparations to face the coming 14th General Elections. Perhaps the police can reveal what action has been taken for the threats of violence made by Negeri Sembilan Menteri Besar Datuk Mohamad Hassan against opposition supporters.
Such double-standards by the police is reinforced by the failure to take any action against Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor, for entering a school in SK Putrajaya Presint 14 (1) on Tuescday 3 October, and getting the students to sing UMNO songs, shout UMNO slogans and wave UMNO flags. In contrast, I was opening a free tuition centre for kids funded and organised by the Penang state government at the low-cost flat. Is dancing along and mocking GST in an event attended by children a criminal act that requires the police to waste precious resources away from fighting crime?
Such action by BN is at best excessive, and at worst an abuse of power against a political opponent, in the run-up to the general elections. I have asked my staff to contact the police next week. Even though I am unhappy at such double-standards by the police, I will give full co-operation and observe the law when they come to take my statement.
LIM GUAN ENG
Section 233: Improper use of network facilities or network service, etc.
(1) A person who —
(a) by means of any network facilities or network service or applications service knowingly —
(i) makes, creates or solicits; and
(ii) initiates the transmission of,
any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person; or
(b) initiates a communication using any applications service, whether continuously, repeatedly or otherwise, during which communication may or may not ensue, with or without disclosing his identity and with intent to annoy, abuse, threaten or harass any person at any number or electronic address,
commits an offence.
(2) A person who knowingly —
(a) be means of a network service or applications service provides any obscene communication for commercial purposes to any person; or
(b) permits a network service or applications service under the person’s control to be used for an activity described in paragraph (a),commits an offence.
(3) A person who commits an offence under this section shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both and shall also be liable to a further fine of one thousand ringgit for every day during which the offence is continued after conviction.