Article contributed by Anusha Gopala Krishnan, Officer, Bar Council Constitutional Law Committee and photos by Muhammad Bazli Naim b Abdul Azid, Administrative Assistant, Bar Council
The Bar Council Constitutional Law Committee organised a public forum entitled “Whither the Federal Constitution — Do Fundamental and Minority Rights Matter?” on 19 Dec 2015 at the Raja Aziz Addruse Auditorium, Straits Trading Building.
The public forum commenced at 9:50 am with Melissa Sasidaran, the master of ceremonies, inviting the President of the Malaysian Bar, Steven Thiru, to deliver the opening address.
Steven Thiru, in his speech, raised concerns that recently–decided constitutional cases appear to suggest that the interest of the State prevails over the constitutional rights of citizens. He highlighted a string of cases recently decided by the apex courts, which bring into question several points for discussion:
The line–up of speakers for the forum was as follows:
(1) Dr Azmi Sharom, Associate Professor of Law, University of Malaya;
(2) Aston Paiva, Member of the Bar; and
(3) Andrew Khoo Chin Hock, Co–Chairperson, Bar Council Human Rights Committee.
Dr Azmi Sharom presented his views on the ZI Publications Sdn Bhd & Ezra Zaid v Kerajaan Negeri Selangor & 2 Ors (Ezra Zaid’s case) and shared with the audience his own experience in challenging the constitutionality of the Sedition Act 1948.
Aston Paiva then provided an overview of the transgender case, State Government of Negeri Sembilan & Ors v Muhammad Juzaili & Ors, in which he represented the latter. He also shared briefly on the constitutional challenge to the Kelantan Syariah Criminal Code (II) (1993) which was dismissed by the Federal Court.
Next, Andrew Khoo Chin Hock spoke about the See Chee How & Anor v Pengerusi Suruhanjaya Pilihanraya Malaysia case, concerning the delineation exercise in Sarawak. In addition, he also expounded on the freedom of assembly and the Court of Appeal’s decision in Public Prosecutor v Yuneswaran A/L Ramaraj which contradicts an earlier decision by the Court of Appeal in Public Prosecutor v Nik Nazmi.
After the presentation by all three speakers, they were invited again on stage for a panel discussion together with retired Court of Appeal Judges, Dato’ Mohamad Ariff b Md Yusof and Dato’ Mohd Hishamudin Mohd Yunus. Firdaus Husni, Co–Chairperson of the Bar Council Constitutional Law Committee, moderated the panel discussion.
The panel discussion began with brief comments from the two retired judges. Dato’ Mohamad Ariff, in his comments, emphasised that the Federal Constitution is not like any other ordinary law. Rather, it is a special law and should be treated that way. Dato’ Mohd Hishamudin stressed among others, that judgeship is a public trust, and on no account must the trust be betrayed.
The discussion then continued with a question–and–answer session with the audience which covered a wide range of issues, including constitutional democracy, interfaith dialogues, judicial appointment and promotion, and how respect for human rights corresponds with a country’s economic progress.
The panellists successfully held their own with their informative exchange of thoughts, and undoubtedly, the audience gained new perspectives on this issue.
Media coverage pertaining to the public forum can be found in the links below: