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Liberty Politics & government

[2155] Of damage to sanctity of right to private property, undone

Assume that I own an item. Somebody impersonates me and pretends to be the rightful owner of the item. The impersonator then sells the item to another bone fide buyer. To me, that transaction is clearly illegal. It violates rights to the idea of private property, one of the main pillars of libertarianism. But one does not need to be a libertarian to understand that that is utterly wrong. Fraud is always wrong. But a certain judge, Eusoff Chin, in 2000 ruled otherwise.

Roger Tan Kor Mee wrote an insightful article at Loyak Burok on the matter:

Briefly, in Adorna Properties, a Thai, Boonsom Boonyanit, who resided in Thailand was the registered proprietor of two lots land in Tanjung Bungah, Pulau Pinang (”the said lands”). An impostor, one Mrs Boonsoom Boonyanit, claiming to be ”Sun Yok Eng @ Boonsom Boonyanit” had affirmed a statutory declaration on June 18, 1988 that she had lost the original title to the said lands. The impostor then managed to obtain a certified copy of the title from the land office.

On April 6, 1989, the impostor affirmed a second statutory declaration declaring that the names Mrs Boonsoom Boonyanit and Sun Yok Eng @ Boonsom Boonyanit in the title to the said lands were one and the same person, that is Mrs Boonsoom Boonyanit (impostor) with a different Thai passport number. With this declaration, the impostor managed to register the transfer in favour of Adorna for a sum of RM 12Million.

Boonyanit then sued for the return of the said lands. The High Court Judge of Penang, Justice Vincent Ng Kim Khoay, ruled in favour of Adorna (judgment dated April 25, 1995). On appeal, the Court of Appeal, comprising Gopal Sri Ram, Siti Norma Yaakob and Ahmad Fairuz, allowed the appeal in its judgment dated March 17, 1997. Adorna then appealed, and the Federal Court comprising Eusoff Chin, Wan Adnan Ismail and Abu Mansor Ali allowed Adorna’s appeal in its judgment dated Dec 13, 2000 and pronounced in open court on Dec 22, 2000 (”main judgment”), but by then Boonyanit had passed away in May that year. [Can landed property be validly transferred land using a forged instrument? Roger Tan Kor Mee. Loyar Burok. January 20 2010]

But even if the law actually justified the year 2000 ruling, then the law has to be deeply flawed and repulsive to the notion of justice. It practically legalizes robbery. Is such law deserving of adherence?

It is therefore highly comforting for me to learn that the Federal Court today overturns that despicable ruling, restoring ownership of the land to its rightful owner.

PUTRAJAYA: The Federal Court on Thursday departed from its judgement nearly 10 years ago in the Adorna Properties Sdn Bhd vs Boonsom Boonyanit case, plugging a loophole in the law to thus allow landowners who lost their land through fraudulent means to redeem their right to the property.

In its landmark unanimous ruling, the five-man bench led by Chief Justice Zaki Azmi held that land transferred by fraudulent means will no longer be legally accepted. [Federal Court reverses its decision in landmark land case. The Star. January 21 2010]

Alas, the rightful owner is already dead.

Still, it is righting a wrong and it preserves the sanctity of right to private property. That, is something to celebrate for.

Categories
Politics & government Society

[2153] Of republicanism in Malaysia? Meh

Prince William visited Redfern in Sydney yesterday. He is still in Sydney today.

I walked to Redfern just to see what it was all about. By the time I got there however, he has already left. Still, there were many people around. Police officers were everywhere. So were reporters. Those there seemed excited about having the Prince in their neighborhood. Somebody had a poster professing her love for Queen Elizabeth II. I suppose, somebody — like what somebody did at the Malay College in Kuala Kangsar to commemorate the visit of the Queen to the school — would erect a small memorial to remember the occasion, effectively saying ‘Prince William was here’ in a manner more refined than that of a graffiti artist.

The premier of New South Wales, Kristina Keneally, a proponent of republicanism in Australia said that the Prince is a “very charming” and “a young man of great character.” That however does little to reverse her republicanism. The Australian Labor Party, the party which Keneally belongs to as well as the party of the Australian Prime Minister Kevin Rudd, advocates republicanism.

I myself am a republican, though not quite a fan of the Labor Party. This stems from my distrust of institutions which claim authority from above rather from the bottom. I reject the idea of divine rights outrightly. Granted, these days the monarchy institution does not explicitly claim as such but its origin firmly belongs to that tradition. My egalitarianism mops up any spot that such distrust fails to sweep clean.

In that sense, to have an Australian republic is good. To have a Malaysian republic is ideal.

Yet, republicanism is never a priority for me, given a myriad of burning issues deserving more attention. It is down there somewhere in the priority list. To fight for republicanism appears to be indulging in an unwise battle where energy can better be used to issues that are more concrete.

This is especially so when the monarchy in Malaysia — a total of 9 houses and the Agong as the head of the 13-state federation — has limited power although from time to time, its influence has national repercussions, as observed in the aftermath of the 2008 general election, especially so in Perak. All this is thanks to the former Prime Minister Mahathir Mohamed. He may have overdone it but his maneuver ensures restriction to royal powers.

Besides, while I am reluctant to give ground to monarchists, the monarchy does in a way play a balancing role in Malaysia. The highly flawed Malaysian system of governance, due to damages done to it by Mahathir, ironically, enhances the space for the monarchy.

Until the issue of separation of powers between the three arms of government is addressed, and until the empowerment of states as proper member states of the federation rather than just units of a practically unitary state, republicanism in Malaysia, will remain bottom out of pile of concerns and even unlooked.

Despite considering myself a republican, I just could not care less about republicanism at the moment. I want my liberal democracy first.

Categories
Politics & government Society

[2151] Of barking up the wrong tree

How many times have we heard the statement that if so and so did not exist, certain problems would go away? Specifically, one side would blame UMNO and Barisan Nasional for racial and religious problems in Malaysia, while the other would blame PKR and its allies for the instability in the country.

The truth is that politicians and political parties get too much credit for the various issues the country faces. As controversial issues erupt, the blame game begins in earnest. The usual suspects get apportioned with the blame at the slightest chance by the other side, as if there were quota to fill. The controversy revolving around the use of the term “Allah” is a case in point.

At this juncture, where venom is thrown so easily as to make the atmosphere too toxic for fruitful exchange, the air needs clearing. This can be achieved by recognizing the sources of issues and identifying proxies for what they are.

Granted, politicians and political parties — especially those in government — have disproportionate power to influence politics. There is no doubt that there are cases where the blame clearly belongs to one side.

Yet, the relationship of politicians and political parties with society is not characterized by one-way traffic. It is a two-way street. In many cases involving grander issues like race, religion, democracy or liberty, for instance, the causal flow to the other side is greater than the direction that blame-gamers typical take.

However imperfect our democracy is — condemn it as crass majoritarianism all you want — it is a democracy nonetheless. This means the views of real individuals, with real wants and real needs, along with real hope and real fear — like you and I — get represented in the system. Elected individuals in Barisan Nasional, Pakatan Rakyat and others as well, largely represent diverse opinions that exist within Malaysian society.

Even if they are not elected, individuals still have voices of their own. There is no reason to discount these voices as irrelevant when it resonates so well with other individuals.

From this perspective, these individuals are effectively proxies within the issues. To put it another way, they are mere reflections of what the society at large thinks. Without issues — the concerns lingering in our society — these proxies will not exist.

Hence, to accuse these proxies as the sources of our problems is effectively an effort to dismiss real issues that real people care for as merely artificial issues created by special interest groups. Such accusations pretend that the other side does not have real concerns.

That path will essentially result in a misdiagnosis of the problem. Based on that misdiagnosis, any solution provided to address the problem will disproportionately take the proxies into account while disproportionately discounting the issues. In the end, the intended result will likely be unsatisfactory because it will address the proxies and not the issues.

Realize that if these proxies are somehow immediately removed while the issues remain unresolved, different players will take over the proxies’ places to champion those issues. If Barisan Nasional were to be done away with, would racial issues disappear? If Pakatan Rakyat were to removed, would the demand for equality suddenly vanish?

It is naïve to answer in the affirmative.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

First published in The Malaysian Insider on January 14 2010.

Categories
Liberty Politics & government Society

[2149] Of there are Malay alternatives to the term Allah and tuhan

I have clarified my position regarding the usage of the term Allah by Catholic group and by extension, any term by anybody. This reasoning forms the basis of my position not to oppose Catholic group’s use of the term. Indeed, I consider this line of reasoning as not only the most convincing for me, consistent with my wider libertarian philosophy that I hold, it is the only line of reasoning that informs my decision not to oppose it. This is the libertarian position. The purpose of this entry is to address another position regarding the lack of alternative.

First, there are other reasons that have been bandied elsewhere. Arguably, the argument I have seen the most is based on historical development of the Malay Bible. As it goes, certain domination of Christianity — and Sikhs — have been using the term Allah well before the 1980s, when the government first interfered in the issue. Furthermore, the first Bible that used the term Allah to refer to the Christian god was first translated into Malay in the 17th century by a Dutchman as part of Christian evangelization effort in Southeast Asia. Notwithstanding the libertarian position, this argument is acceptable because it appeals to historical accident. Moreover, it demonstrates that the use of the term by Christian, obviously, as not a recent phenomenon. Yet, it fails to kill the suspicion that use of the term Allah is really for proselytizing activities, which is one major problem associated with the whole controversy to start with. This failure what convinces me that this particular rationale as imperfect.

I have no problem with propagation of any religion as long as those religions do not violate liberty but in addressing the issue in Malaysia, the suspicion seriously have to be addressed. To say that there is a law to prevent propagation of other religions among Muslims as an answer to that concern is utterly deficient because — ignoring its anti-liberty rationale — would such law work? Do differentiate the normative and positive aspects.

Despite its failure, I reiterate, the argument based on history may have some sway.

The second argument, which is the purpose of this entry, is the point that there is a lack of alternative to describe the term god. Ignore the fact that terms can be imported from other languages, even the Malay language has alternatives to Allah and tuhan. There are more than two words to describe the idea.

While I set out to disprove the argument that there is no alternative to the word Allah and tuhan in Malay, knowing that there are alternatives, my casual research on the language and terms to describe the idea of god really surprises me even.

Consider the fourth edition of R. O. Winstedt’s An Unabridged English-Malay Dictionary published in 1963. For god, Winstedt listed Allah, tuhan, dewa, dewi, dewata, indera and khalik. These words are detailed by Teuku Iskandar’s Kamus Dewan as published by Dewan Bahasa dan Pustaka in 1970. Dewan Bahasa dan Pustaka’s Kamus Dwibahasa Bahasa Inggeris-Bahasa Malaysia adds another one and that is betara. This has not even considered other words and phrases like penciptatuan and dato’ which can be made to mean the same as god within specific context.

There are also older words like Hyang or Sang Yang that are rarely used but remains Malay nonetheless.

I personally have never encountered the word khalik and betara but that shows how, even for a native speaker of Malay, the full breadth of the language is larger, as it should typically be, than everyday popular vocabulary bank. In this sense, arguing that there is no alternative is an act of sheer arrogance of one’s pool of knowledge. Arrogance can be justified but when it is based on ignorance, then humility must take its place.

Thus, this renders the argument of no alternative to naught. In fact, I consider such argument as a point in ignorance, if not outright dishonesty.

This requires highlight in political terms. Even I as a person who is generally dismissive of religions and its activities and as a libertarian who actually does not oppose the use of the term Allah by Catholic Church in Malaysia am distrustful of the motive behind the employment of the rationale. Consider what would conservative Malay Muslims would think? The label conservative Malay Muslims is rather misleading. A lot of not-so conservative Malay Muslims feel distressed about the issue. I can divorce the flaw of the ”˜no alternative’ argument from my overall position but the less libertarian Malays would not do so and would use it instead to strengthen their illberal opposition.

Using the ”˜no alternative’ argument will just give more fuel to the opposition fire. Not only it defeats effort at bridge building, it helps to popularly defeat libertarian position on the matter.

So, my advice is, do not use the argument that there is no alternative. It is simply not true. Just stick to the historical accident and libertarian arguments.

Categories
Politics & government

[2133] Of rotation for Pakatan’s top post? Why not just vote?

The biggest event this week in Malaysia has to be the first Pakatan Rakyat Convention. It is good that Pakatan Rakyat is taking steps to institutionalize its cooperation. Despite that, there are a few issues that may appear to be a betrayal to democratic values that it claims to uphold. One is its commitment to local election, which seems to be wavering at the moment.[1] Second, which I want to touch briefly here, is the demand of DAP to rotate the top post of Pakatan Rakyat among the three parties in the coalition.[2]

When some members of PKR allegedly suggested that the position of Chief Minister for the state of Penang be rotated back in September this year, that suggestion was rightly criticized though the venom is uncalled for. One of the accusations thrown at those who allegedly made that proposal was that the proposers were “power crazy”.[3][4] Never mind the reality that all political parties are interested in power in one way or another, again, the suggestion, if it is true that it was made, should be shot down.

The principle of rotation goes against the spirit of democracy. Granted, given the system used in Malaysia for public office like the Chief Ministership, is not directly elected but surely it is only fair for the majority to hold the top post. This admittedly discounts what happened in Perak where there are real and unfair obstacles in letting the majority hold the top post.

DAP was visibly most vocal voicing out against that suggestion for the reason. This is understandably because it is the incumbent as well as the majority power within Pakatan Rakyat in Penang.

This demand by DAP, suggestion or whatever one wants to call it, should not be seen in different light to the call for rotation in Penang. It is the same principle.

Given this, to have DAP to repeat the argument for Pakatan Rakyat’s top post is hypocritical, whatever way one sees it. Would this mean DAP is “power crazy” too?

The better way to decide this is to have internal election for that post. Would this not be truer to democratic values? Of DAP really cannot win in an election and afraid of democracy?

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

[1] — KUALA LUMPUR, Dec 16 — Pakatan Rakyat’s (PR) democratic ideals will be tested at this Saturday’s convention which is being held to produce a common platform as all three component parties remain divided over local council elections. [Pakatan divided ahead of convention. Syed Jaymal Zahiid. The Malaysian Insider. December 16 2009]

[2] — KUALA LUMPUR, Dis 18 — Pakatan Rakyat (PR) kemungkinan menggunakan sistem giliran jawatan ketua menerajui ikatan itu sebaik sahaja pendaftarannya diluluskan pihak berkuasa.

Timbalan Pengerusi DAP Kebangsaan Dr Tan Seng Giaw berkata kemungkinan itu boleh ditimbangkan oleh PR bagi menampakkan yang ia berbeza dari Barisan Nasional (BN). [DAP mahukan sistem giliran ketua Pakatan. G. Manimaran. The Malaysian Insider. December 18 2009]

[3] — PENANG, Sept 29 — The proposal by Penang Parti Keadilan Rakyat (PKR) Youth that the Chief Minister’s post be rotated between parties in Pakatan Rakyat has been criticised by Penang DAP Socialist Youth (DAPSY). [DAPSY raps Penang PKR Youth over call to rotate CM’s post. Bernama via The Malaysian Insider. September 29 2009]

[4] — GEORGE TOWN: Penang Parti Keadilan Rakyat (PKR) Youth chief and Balik Pulau MP Mohd Yusmadi Mohd Yusoff has denied a newspaper report on Sept 29 which quoted him as saying that the Penang chief minister’s post should be rotated. [Yusmadi denies making Penang CM rotation statement. The Edge. September 30 2009]