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YL Personality - Tham Shien Shyong

Contributed by Kho Yieng San

Thursday, 25 September 2008 01:07am

Tham Shien Shyong is from Penang Chung Lin High School. He graduated from University of Bond, Australia in year 2003 and passed his CLP in 2004. He is currently practising in Penang. Kho Yieng San spoke with him recently on the current issues in the country.

1. What made you study law?

Before taking up law, I wanted to be a businessman. However, after witnessing how the 1998 economic crisis destroyed many businessmen and ruined the business sector, I decided to take up a professional course. This is to ensure that at least I am armed with a skill to survive when the crisis hits again.

Why law? I used to think that lawyers are so cool. Clad in their glamorous robe and wig, pilot briefcase, lucratively paid to batter witnesses and give them hairdryer treatment in court and so on. Isn’t that cool? This was what I saw on TV. I was so convinced that law was the right profession for me.

Before knowing the opposite truth, I am already a law graduate.

Reality hits me real hard. The pay is low. The lawyers here don’t wear wig anymore. The robe always seems to be oversized. You can’t and you are not allowed to batter witnesses in court. You can’t stray away from your ‘standing spot’, waving and swinging your arms hysterically like the American lawyers.

Notwithstanding the harsh and tough reality, my love and interest for this profession did not diminish.

2. How would you connect law with the politics of this country?

Everyone is subjected to the rule of law. Politics and politicians are of no exception. However, I see that there is a different ‘way’ or ‘method’ of applying the rule of law to politicians in this country, depending on which ‘port’ you board!

In Malaysia, this is how the law applies to the political arena:-

Utmost leniency if you brandish the BN brand. The recent ‘Chinese are squatters in Malaysia’ episode seems to suggest so.

On the other hand, maximum wrath of law will befall on the opposition leaders and those who voice out against the ruling party. Remember the arrest carried out by no less than 30 balaclavas-clad police? Remember how the draconian ISA was lashed out against the reporter, the blogger and the opposition MP?

3. Do you feel any changes that are taking place in Penang under the new government?

Of course! The Federal government has slashed 80% of our development budget! No monorail and no outer rim highways. Isn’t it obvious that they are trying to teach us Penangites a lesson for voting them out? To my disgust, the opposition party in Penang a.k.a. UMNO supported this move. They too want to teach us a lesson for kicking them out of jobs. With this act of vengeance, rest be assured that they will never step foot in Penang again. Rest be assured that their political career will not raise their head again in Penang.

I must say, with the new government, the sky is somehow clearer and the air is fresher than before. We are definitely enjoying this.

I really like the C.A.T. concept spearheaded by our new Chief Minister Lim Guan Eng. The new government is much more transparent in administering the State. Transparency is long overdue here.

We shall see. Give them time to implement what they promised. Give them time to build a better Penang.

4. One last issue on election, what is your opinion on the practice of party hopping in this country? Do you consider that as a breach of the people’s trust?

Firstly, party hopping is not illegal here. The Bar has recently politely ‘reminded’ a few that publicly condemned the Bar for not voicing out against party hopping of the position of law here.

I am not against party hopping unless it is for lust of power and money. If it is for building a better Malaysia, why not? Hence, I do not consider that as a breach of the people’s trust.

5. Recently, there were denial of access to some blogs and websites and several defamation suits filed against blogging community. In regard to this, how do you think freedom of expression could be balanced with protection of reputation?

I am against the government’s move of blocking the websites. It is against freedom of communication and expression. If the government feels that the bloggers have breached the law, charge them in court.

I feel it is hard to balance freedom of expression with protection of reputation. The internet has no boundaries. It can hardly be regulated. I think we will see more and more defamation suits against bloggers in the near future.

6. There were even criminal defamation charges being preferred, What is your opinion on this? Do you think anyone should go to jail for something they say?

If we are talking about purely defaming a reputation of another person, I don’t think anyone should go to jail for that. A defamation suit in the civil court provides sufficient remedy for that.

However, if what was said was intended to rile up racial unrest, then he/she should be charged in Court. I strongly believe Ahmad Ismail should be charged in Court for making those derogatory remarks against the Chinese community.

7. In the recent by-election campaign, certain race relation issues were raised that stirred up chaos and uproar in the country. What is your opinion on issue like this being raised as a campaigning tool to win vote?

I am totally against using race relation as a campaigning tool. I was disgusted by many of the speeches that incite racial unrest given by the BN leaders during the Permatang Pauh campaigning period.

There is no need at all to incite hatred between races. There is no need at all to cause racial disharmony. Their campaign backfired badly as most of the rakyat are matured enough now. There will be a few more by-elections to be held in the near future. Let’s hope that they have learnt their lesson.