Aug 21, 2009

Rant: Law in Malaysia

Note: I was writing about the Daphne Iking scandal at first but it slowly became a rant of Malaysian Law and government. The ideas may be disorganized but do read it. You may find something useful leh.



What is this thing about Daphne Iking's husband suing this other dude (Mr. Choy)?

Okay, I've read a couple of articles and they're all pretty much the same, like it was from a press release.

The only reason why this is big news is because it's probably the first time any man has sued another dude for being too friendly with his wife, citing sections of the law that no one knew existed. And because it's Daphne Iking. And it's scandalous.

According to the article (full article from link above):
Choy Khin Ming, dressed smartly in a white shirt and black pants, stood in the dock as his lawyers and the aggrieved husband’s lawyers introduced themselves to magistrate Mohd Faizi Che Abu.

The appearance of two other lawyers, Ravi Nekoo and Pushpa Ratnam, took the court by surprise when the former told magistrate Mohd Faizi Che Abu that they were there to hold a watching brief for Iking and may file to ask questions later.

It seems like Daphne hired her own lawyers, which could indicate where the marriage stands. Or I'm just being tabloid-ish.

Unfortunately, Mr. Choy is not very google-able. Other than news we already know, I couldn't find nothing personal. Even a business (he's supposedly a managing director).

Anyway, there's a reason Daphne's hubby's name wasn't revealed, so I've taken them off of any posts I had. He's a very low profile guy lah.

But then you really have to wonder, if he's going to accuse this fella for seduction of a spouse, he's going to have to prove it with what most likely will be communication details. And we know there are reporters in court hearings so this would just publicize things further, not a very good idea if you care about your privacy. It'll affect Daphne's career (though we know more people may tune in to The Breakfast Show to see if Daphne will be on), the family's privacy, her hubby's job (in some way perhaps)? Is it worth it? Would it have been better if he didn't go to court in the first place?

Now about this law of “enticing or taking away or detaining with a criminal intent a married woman”. Criminal? Isn't adultery a civil issue? So what do they mean by criminal?

The Penal Code (Act 574) does not say much other than this:
Enticing or taking away or detaining with a criminal intent a
married woman

498. Whoever takes or entices away any woman who is and
whom he knows, or has reason to believe, to be the wife of any
other man, from that man, or from any person having the care of
her on behalf of that man, with intent that she may have illicit
intercourse with any person, or conceals, or detains with that
intent any such woman, shall be punished with imprisonment for
a term which may extend to two years or with fine or with both.

So gender equality aside, I think the law interprets that having sexual intercourse, or the intent, with someone other than your spouse is a criminal offence. In Malaysia lah. It makes sense since if you two got on with it, they can't say you're wrong because it's morally subjective. But the law tries to prevent you from causing unrest by stating that if you seduce a married woman with the intent to hump, you must go to jail, you prick! It's kind of saying that if you want to be with the girl, do it by the book.

Anyway, if you're free, you should take a look at some of the laws in Malaysia. It's not too difficult to understand it if you know why they have to write like stuck-ups. What they're trying to do is fit everything into one sentence, that's why legal sentences are so long. All you have to do is break the sentence down and let your synapses go to work.

To laugh or be shocked by laws concerning bloggers, read the Printing Presses and Publications Act 1984. It's crazy how much power the Home Minister holds (as demonstrated by d**khead extraordinaire, Syed Hamid Albar, not too long ago). And in case you didn't know, publications have to renew their licenses annually. That's how the law keeps them in line. And and and, we have MCA who owns The Star and a couple of chinese dailies, UMNO has Utusan and whatnot. How is it that it's even legal for political parties to own news publications is beyond me.

Also take a look at the Sedition Act 1948. Hey, they could throw yo' ass in jail for calling... wait, who's the most hated minister now? Ok lah, let's go for coalition parties instead. So, they could throw yo' ass in jail for thinking and blogging that BN is inciting hate amongst the Malays and Chinese and Indians. Then there's these UMNO Youth people going all barbaric with Karpal Singh (there might be a video on youtube somewhere showing UMNO Youth harassing and obstructing Mr. Karpal Singh from entering a building) and going all "PKR is the enemy of Islams and Malays!" on people. So I've heard lah. And most of them are 40-50 year old men pretending to be youths. *hurl*

Of course you don't have to read every Section and Article. What you can do is look through the contents and find anything that interests you or is relevant to you maybe in terms of publication of information (e.g. blogging). Besides, the government hates bloggers that talk or mentions politics. Bloggers suck at reporting "the truth" because we don't check our facts before publishing. Of course lah, traditional media government control wert.

And BTW, there's no such thing as total freedom of speech or expression in Malaysia except for a little provision in our Federal Constitution. BUT... of course there's a "but"... the freedom comes with T&C lah. Parliament can retract these freedoms in the interest of a variety of things. Think: RPK. "For national security reasons", amongst the favourites.

So don't be an idiot and shout "I have Freedom of Speech!".
It's the Americanization of our culture that makes us think we have freedom and total democracy so again, we don't. Aiya, we don't have a First Amendment lah!

I'm not sure if all I said has basis because I didn't edit this article. It's just the rebel in me lah. Ministers discrediting bloggers like that, hurts my feelings leh.

p.s. these ministers talking about unity and Merdeka must be kidding themselves. Do they not realize that patriotism, in most cases, is pretty forced? When I was in class one day during the Olympics or some sporting event, Malaysia won some medal and the people were sort of apathetic. Then the Chinese team won zounds of medals and my Chinese classmates were all cheering and all smiles. She even asked how come we don't feel the joy of the success of our nation team.

On one hand, you're going "we must stay united!" and "1Malaysia!" (WTF is that concept anyway?!). On the other, you're all about segregation and privileges. How to unify the people like that?

So ah, if you idiots want unity from us, you'd better act like it. Pricks.

5 comments:

-Littlenicky- said...

HAHA finally someone saying these!

Anonymous said...

that Mr Choy is Darren Choy from Adidas!

cheahwey said...

Nicole:
What "finally"? No one talking about this news meh?

Anonymous:
Okay, I see how they're linked now.

nicole said...

no one actually VOICE it out yet, as in, people i know.. people our age.unless when im free to talk to my dad lah then we'll touch this topic a bit here n there..

cheahwey said...

Using my awesome reasoning skills, I've come to the conclusion that you're talking about politics and Malaysian law.
Because I can't imagine you and your dad having a conversation about Daphne Iking.