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MCA Youth Supports Bar Council Forum on Social Contract

The MCA Youth Legal Bureau expresses disappointment with the statement made by the Minister of Internal Security and Home Affairs YB Dato’ Seri Syed Hamid Albar as reported in the News Straits Times on 30 June 2008 that action could be taken against the Bar Council for holding a Social Contract Forum on 28 June 2008. Syed Hamid Albar is also reported to have said that the police “could begin investigation if a report was lodged against the Bar Council for sedition.”

MCA Youth Legal Bureau Chief Sdr Gan Ping Sieu said that the special position of the Malays are clearly stated in the Federal Constitution. He however stressed that, “discussing the process in drafting the Constitution including its historical background and reasons must not be interpreted as questioning the special position of the Malays. The public are advised to understand clearly the content of Article 153.”

He stressed that Article 153 must be read alongside with Article 153(7) “nothing in this Article shall operate to deprive or authorize the deprivation of any person of any right” and Article 153(8) which reads “no such law shall … deprive or authorize the deprivation of any right…”

Gan further added that “when any organization or body conduct forums to discuss the Federal Constitution and are sincere in discussing the Constitution objectively and rationally while not distorting the facts; such forums should be accepted by everyone. “

MCA Youth Legal Bureau would like to congratulate Bar Council for successfully organizing the Social Contract forum which was held last week and will give its full support on the matter. “Such rational forum is informative with the objective to explain clearly the content and all the Articles as stated in the Federal Constitution.”

Gan shares the view that “all Malaysians are knowledgeable and mature enough to discuss any matter related to the Constitution openly. Anyone who wants to prevent or objects against such forums has actually gone against freedom of speech as enshrined in the Federal Constitution.”

The MCA Youth Legal Bureau expresses disappointment against any politician or extremist in Malaysia who uses political sensitivity as a reason to disallow such forums or discourses from being organized, as a means to deny freedom of speech in the 21st century.

With regard to the statements that have appeared in the newspapers criticizing the Bar Council forum, not only does it lack the spirit of mutual tolerance, it is also unhelpful to the country to achieve the objective of racial harmony. It also does not respect rational discourse among the academicians and the legal fraternity and also fails to educate the public.

Sdr Gan Ping Sieu likened the remarks and objections by certain quarters who have equated the Bar Council forum on the Social Contract as removing Malay supremacy indicates lack of confidence and a complete miscomprehension of objective participation in discourse. “The failure to comprehend and discuss rationally has resulted in another type of supremacy.”

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