I REFER to the letter on Article 153 of the Federal Constitution by Raja
Aziz Addruse and Helen Ting ("Our aim was to stimulate discussion" -- NST, July
18).
I am glad to note their assurance that they are not
questioning Article 153.
However, their line of reasoning in their earlier article appeared to be
focusing on the life span of Article 153.
I do not intend to go into the complication of analysing what some politicians
or what Tun Dr Ismail purportedly said.
I appreciate the effort of Raja Aziz and Helen Ting in getting information from
the archives and other sources.
Records show that many people expressed their views on the
issue of the special position of the Malays at the 118 public and private
hearings held by the Reid Commission.
When the commission made its recommendations and submitted a draft constitution
which provided for, among others, the continuation of the historical provisions
of the special position of the Malays, with the qualification that such
provisions should be reviewed after 15 years, there was an uproar.
Umno rejected outright the proposal for the review of Article 153 after 15
years.
As a result a tripartite working party was appointed to examine the Reid
Commission's Report.
There were four representatives of the Malay rulers, four from the Alliance
Party and four from the British government on the working committee.
The working party removed the 15-year limit on the special position of the
Malays and Article 153 was made an integral and entrenched part of the Federal
Constitution.
I think this evidence is more than sufficient to justify the contention that
Article 153 was intended for the long term.
Subsequent actions taken by the government in consequence of the May 13, 1969
riots were for the purpose of ensuring that the special position of the Malays
would not be questioned.
It should be noted that after the acceptance of the Tripartite Working Party
Report, there followed a lengthy process of ratification of the Merdeka
Constitution by the Federal Legislative Council in July 1957, the assemblies of
the Malay states, the United Kingdom Parliament and the British Crown.
If we really need to consider what relevant people had said at the relevant
deliberations, in relation to the drafting of the constitution, then surely we
should also know what people had said at the 118 hearings, at the Tripartite
Working Party's meetings and also at the Federal Legislative Council in July
1957 and not just confine it to what three or four politicians said.
2012 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Talk on Intellectual Property Law (10 Feb 2012) Organised by the Selangor Bar Committee, the talk on “Intellectual Property Law” will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 10 Feb 2012 (Friday). The talk will feature Bahari Yeow Tien Hong. Click on the link above for more details.
The Case of the Missing Penang Lawyer: Charity Treasure Hunt 2012 (12 Feb 2012) Organised by the Penang Bar Committee Social Subcommittee in aid of the National Autism Society of Malaysia (NASOM), this event will take place at Straits Quay, Penang, on 12 Feb 2012 (Sunday). Deadline for registration is 6 Feb 2012 (Monday). Click on the link above for more details.
Seminar on the Fundamentals of Bankruptcy Proceedings (21 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, the seminar on “The Fundamentals of Bankruptcy Proceedings”, featuring Sanjeev Kumar Rasiah, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 21 Feb 2012 (Tuesday). Click on the link above for more details.
Seminar on the Fundamentals of Conveyancing (24 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar featuring Jeremiah R Gurusamy will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 24 Feb 2012 (Friday). Click on the link above for more details.
Mediation Skills Training Course (29 Feb to 4 Mar 2012) Organised by Bar Council, the Mediation Skills Training Course will take place at 8:30 am to 5:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 29 Feb to 4 Mar 2012 (Wednesday to Sunday). Deadline for registration and payment is 17 Feb 2012 (Friday). Click on the link above for more details.
Talk on “Land Fraud: An Australian Perspective” (13 Mar 2012) Organised by IGIL, GSGSG and UUM COLGIS, this free talk featuring Quintin George Rozario of Delta Law, Brisbane, Australia, will take place at 9:00 am, at Dewan Seminar A, Pusat Konvensyen, Universiti Utara Malaysia, Kedah, on 13 Mar 2012 (Tuesday). To RSVP, contact Mr Abutt (04-928 4397; abutt@uum.edu.my).