Police, bent on keeping the peace at all costs, may find it sensitive if CCP and PAP worshipper Lim Kit Siang harps on non-Malay Prime Minister in Tanah Melayu Malaysia!
Commentary And Analysis . . . The Debate on non-Malay Prime Minister in Tanah Melayu Malaysia, ostensibly, must be kept in perspective.
No court in the world can go against the Agong on the appointment of the Prime Minister.
The Agong’s discretion, based on the confidence factor, isn’t law. It isn’t matter for judicial consideration and resolution.
The court of law was only about law. It has no jurisdiction on discretion unless abuse of power can be proven. It isn’t possible to prove that Agong, who can fall back on residual and residual powers for discretion beyond discretion, abused powers.
There’s case law from Raja Azlan Shah, based on Advisory Opinion by the Supreme Court of India, on abuse of power. The law was used in the recent Asian Arbitration case and for the Najib cases. Former Prime Minister Datuk Seri Najib Tun Razak was jailed, unrepresented, on 23 August last year.
Non-Malay Prime Minister
Non-Malay can be Prime Minister of Malaysia if Tanah Melayu concedes
Police, bent on keeping the peace at all costs, may find it sensitive if CCP and PAP worshipper Tan Sri Lim Kit Siang harps on non-Malay Prime Minister in Tanah Melayu Malaysia.
The police probably feel that if Muslim including former dictatorial Prime Minister Tun Mahathir from Kerala says non-Muslim can be Prime Minister of Malaysia, it’s not sensitive. Malay may not go against Mahathir who has, in the past, conceded that lawyer Karpal Singh or Lim Kit Siang may be Prime Minister. Karpal has gone. Lim remains candidate for the premiership provided he wins parliamentary seat in by-election.
If non-Muslim say that non-Muslim can be Prime Minister it’s sensitive, the police caution.
Tanah Melayu Malaysia
Article 160(2) Defines Malay as form of identity based on Muslim habitually speaking Malay and born or domiciled in Singapore or Malaya by Merdeka on 31 Aug 1957. Their descendants are also Malay.
If a person habitually speaks the Malay language, it does not mean proof of race and ethnicity. In DNA, there’s no other “race” or “ethnicity”.
The only “race” or “ethnicity” among human beings are homo sapiens. Homo sapiens are separated from other species by genetic barrier, against procreation, by millions of years.
The Constitution, Parliament and court of law can’t get into DNA and geographical origin.
DNA is the warehouse for genes i.e. the instruction manual for making the human being based on energy, intelligence and luck. We come from two sex cells given by male-female pair. The rest of the person comes from solar energy which transfers and transforms into chemical energy and kinetic energy.
Intelligence isn’t about 1Q, as public perceptions hold, but the ability for learning from mistakes.
Having said that, the Federal court can consider DNA test but only if it’s about proving descent from citizen for citizenship under operation of law. It’s about the two sex cells inherited from male-female pair.
The DNA Story
DNA can’t say how we would look like. It can only tell about the male-female pair from whom we inherited two sex cells. The male-female pair may or may not look like us.
Pigment cells are created by the immune system as response to stress created by the presence of sunlight on the skin. The stronger the light detected, the more pigment cells created. Pigment cells unleash melanin which protects the skin, eyes and hair from burning up in the sun.
Blue eyes, for example, isn’t based on gene. Blue eyes emerge when the brown genes disappear from the gene pool.
Likewise, blonde hair.
“White” skin means less pigment cells present. Again, pigment cells are created by the immune system based on stress arising from exposure to light from the sun.
Northern and southern areas of planet Earth and equatorial areas with heavy cloud cover receive weaker or less light.
Blue, grey and green eyes, for what it’s worth, first emerged in north India after Albino descended from dark skinned Caucasoid (old Caucasian) who first appeared in history in the Greek islands. The Caucasoid made the long trek to India and entered south China via Afghanistan.
There’s no genes for blue eyes and blonde hair.
Blue eyes and blonde hair appear when the brown genes isn’t present.
The absence of brown genes was phenomenon which first appeared in the mountain valleys in north India. The people — Caucasian or new Caucasoid — in these mountain valleys still don’t have the brown genes and have fewer pigment cells. Many people have blue, grey and green eyes and blonde hair.
Blue, grey and green eyes are not rare in other parts of India including the south where the people generally have darker skin especially among the lower castes. The people outside the mountain valleys in the north may not have blonde hair in other parts of India.
Buddha, it’s often not known, had blue eyes, goldish hue complexion and wore hair in small curls. So much for how we look like.
Non-Malay in Malaysia means person who doesn’t habitually speak the Malay language. Many people in Malaya may speak Tamil or Mandarin. In the former British Borneo, on the other side of the Southeast Asia Sea, the local people speak Bahasa Sabah, Dusun, Murut, Iban, Bidayuh, Orang Ulu dialects, Orang Laut (i.e. Sarawak Malay or Kirieng) or Orang Sungai (i.e. Melanau).
Article 152 defines the national language as Malay and this, based on habitual use, means the 20K word Johor-Rhio-Lingga version. Bahasa Melayu or Johor-Rhio-Lingga is based on loanwords from Khmer dialect, Tamil, Sanskrit and Pali.
The sacred Buddhist scriptures were written in Pali, a dialect of Sanskrit. Sanskrit, the mother tongue of languages in India, is used in Hindu temples for chanting mantra, for prayer, song and worship.
Sanskrit, Persian, Latin and Greek are sister languages under the Indo-European language system.
The Johor-Rhio-Lingga version fell into disuse by 1969 and has been replaced for unofficial official use by the 40K word Bahasa Malaysia which incorporates Bahasa Melayu. Bahasa Malaysia and Bahasa Melayu are not one and the same language. Half the words in Bahasa Malaysia are not Malay.
The 127K word Bahasa Indonesia and Bahasa Malaysia are not one and the same language. Bahasa Indonesia incorporates Bahasa Melayu but not all words in Bahasa Malaysia have been included. 107K words in Bahasa Indonesia come from Dutch, English, and local languages and dialects.
Bahasa Malaysia, as it stands, is the unofficial official language of the Constitution, Parliament, gov’t, media, school and the High Court in Malaya. It’s also the medium of communication, alongside other languages, in the market and everyday use at home and outside.
The Constitution came first in the English language, the valid version in law. The Constitution in Bahasa Malaysia is translation. In case of conflict, the English version prevails.
English is the language of the court in Borneo and the superior court in Malaysia. Having said that, any language can be spoken in court but not by the judge and lawyers.
Bahasa Malaysia isn’t the national language implied in Article 152.
Tamil and Mandarin aren’t vernacular languages in Malaysia since many non-Tamil speaking and non-Mandarin speaking students also attend Tamil language and Mandarin language schools.
It’s public perception that sees Tamil language and Mandarin language schools as vernacular. So much for the national language.
Parliament Selects Prime Minister
Parliament selects the Prime Minister designate and the Agong appoints or the Agong appoints the Prime Minister designate who, in turn, faces confidence vote in Parliament via major government Bill.
Rishi Sunak for example, who has roots in India, was returned unopposed as the Conservative Party leader in England.
His family fled east Africa and, and being Hindu, returned to India. By that time, their ancestral village in west Punjab had become part of Pakistan. Then, they left for England. Rishi Sunak was born in Southampton, England.
He became Prime Minister, based purely on the rule of law, the basis of the unwritten/uncodified British Constitution.
Likewise, in Malaysia, any citizen can be Prime Minister based purely on the rule of law.
It’s public perception that those who habitually speak Malay, and are classified as Malay by form of identity under Article 160(2), have less energy, intelligence and luck.
One reason may be that people living together, married or otherwise, may be closely related. That lowers average energy, intelligence and luck in the children.
Another reason may be the quota system which acts as disincentive and does away with compeition.
Thirdly, many Malay are in position where they simply vote for a living and pay no taxes.
The Others, it’s claimed, work for a living and pay taxes.
Agong Under Article 39
The sole executive authority, under Article 39, resides in the Federation and rests in the Agong.
The Agong delegates executive authority by administration to the Prime Minister and Cabinet Ministers.
Agong can sack Cabinet Ministers but not the Prime Minister.
The Johor Sultan has seen that MACC reporting to the Prime Minister or Parliament hasn’t seen justice done. There are no prizes for guessing who should be in jail but still remains free.
Mahathir, based on his own words, has allegedly committed sedition and treason.
The Johor Sultan, as new Agong come 31 January, will insist that Mahathir sits in jail. It’s about conventions, i.e. the working of the Constitution, not the latter document. — NMH
Longtime Borneo watcher Joe Fernandez has been writing for many years on both sides of the Southeast Asia Sea. He should not be mistaken for a namesake formerly with the Daily Express in Kota Kinabalu. JF keeps a Blog under FernzTheGreat on the nature of human relationships.