Judicial independence better protected under previous 3 governments, say 9 ex-Malaysian Bar presidents

By:
On:
In: Asia

General JUSTICE’S SPEECH

Tengku Maimun had stated that he had concerns about the lack of transparency and potential executive interference in judicial appointments when Prime Minister Anwar Ibrahim was the opposition’s leader prior to the establishment of the Judicial Appointments Commission ( JAC ).

She claimed that Anwar’s observation from the time immediately addressed the underlying problem with judicial independence. &nbsp,

Anwar reportedly claimed at the time that the “power to nominate and eliminate is so strictly and strongly handed to the prime minister’s discretion.”

Tengku Maimun asserted that the Judicial Appointments Commission Act 2009 ( JACA ) remained in effect despite the numerous criticisms it received during the debates prior to its passage. &nbsp,

I have a steadfast support for the nomination of magistrates, as well as the freedom of the court. Therefore, I have firmly adhered to all the concepts that are embodied in the Federal Constitution and the JACA 2009,” she was quoted as saying by Bernama.

The JACA was established to ensure that the Prime Minister’s thought of criminal candidates was made in an impartial manner.

No one other than the JAC and the prime minister could propose candidates for appointments to magistrates ‘ content in the superior authorities, according to Tengku Maimun, citing the legal rules governing the nomination of judges. &nbsp,

She continued, noting that young candidates may apply to the JAC for appointments as judicial commissioners. The commission also evaluates the performance of sitting better court judges and recommends elevation or promotion of those who are promoted.
 
She claimed that appointments have always been made by a lot vote, usually by secret ballot, if there isn’t a consensus, and that any attempt to circumvent the provisions could result in illegal or unlawful appointments.

” In all my time as a member of the committee, I have not once interfered in the process. According to Tengku Maimun, who is also the fee chairman, the choice is ultimately the Chief Justice’s choice, not the individual choice but the majority’s choice or the JAC’s shared choice. &nbsp,

According to her, the titles of the candidates chosen are forwarded to the prime minister for visit in accordance with the terms of the Federal Constitution. &nbsp,

” The JAC Act 2009 does, however, allow the prime minister to not take the prospects recommended by the JAC for meetings. In such cases, the primary chancellor may ask for two more applicants”, she added.

More than 20 000 attorneys in Malaysia are regulated by the Malaysian Bar, a legal figure. &nbsp,

The nine ex-Malaysian Bar presidents, who especially spoke about the JAC, said it was impossible to emphasize enough the importance of the payment and its burdensome task of selecting the best judges to serve.

Not everyone has the necessary qualifications to be a prosecutor. The Chief Justice remarked that judges have a higher asking that calls for a specific temperament, the ability to hand down assessments without fear or favor, and the ability to do so without clinging to pressure.

” It goes without saying that it also requires a gold character, dignity and fortitude,” they added. &nbsp,

The original Bar members continued that Tengku Maimun’s reference to the offence of interference in the criminal appointments process was of “utmost concern,” and that this was a serious matter that needed to be investigated immediately.

The first victim is frequently the liberation of the judiciary in nations where authoritarianism thrives. Why? Because they are the organization that keeps the people safe from any acts of power abuse by the State, keeping them in check.

Any government that has such leanings would probably objective them, they said,” so it’s no question.” &nbsp,

Given that Tengku Maimun’s talk is now internationally recognized for its freedom, which places the nation in the best position to attract investment, it was clear that there was a need to be diligent to protect the independence of the judiciary.

” This is the result of years of meticulous reconstruction of its crumbling foundations. Any deviation from the terrible past may be instantly corrected, they argued, in order for the country and its citizens to pay the price once more.
 

Continue Reading

‘I feel very safe here’: Chinese nationals in Thailand debunk online claims fanning scam trafficking fears

By:
On:
In: Asia

According to Thai vacation officials and authorities, thousands of planes and hotel reservations were canceled as a result of Wang’s struggle. &nbsp,

Atsawin Yangkiratiwon, chief executive of low-cost carrier Thai Lion Air, revealed that 40 certified flights, from numerous Chinese cities like Ningbo, Hefei and Jinan, had been cancelled back of Chinese New Year- one of the most profitable travel periods- resulting in a 20 per cent drop. &nbsp,

Eason Chan, a singer from Hong Kong, also canceled a one-night even music that had been scheduled for February 22 in Bangkok. ” The protection of audience members is of greatest importance”, music organisers said, citing safety issues among Chinese tourists.

Online and on social media, consumers posted accounts and warnings about the state of the situation in Thailand, urging people to remain vigilant at all times. &nbsp,

” I ( don’t ) recommend going there right now because the abduction rate has increased”, said a user on Xiaohongshu in a comment which garnered over 4, 600 likes and 2, 000 comments.

A person of the video-sharing game Douyin shared a video with the title” Guidelines to staying alive in 2025.”

The movie cautioned possible tourists against visiting many Southeast Asian nations, including Thailand, Cambodia, and Malaysia, accompanied by ominous-sounding music. ” Choose don’t go, whether for business retreats, group outings or private travel. Consider that”, the Douyin customer said. &nbsp, &nbsp,

Chu Cancan, also known as Professor You Can, urged Chinese immigrants living and working in Thailand to” talk out” in a film that was widely shared on Xiaohongshu and Twitter. &nbsp,

Chu, 47, who runs an event scanning and public relations firm in Beijing, has resided in Phuket with his home for about a year. &nbsp,

” A group of ill-intentioned Chinese abducted a stupid people and took him to a scam center in Myanmar, built by Chinese themselves”, he said in the three-and-a-half-minute popular movie, which has been shared over 3, 700 times on Snapchat.

Continue Reading

Malaysia’s bid to rally ASEAN in taking on Big Tech – good shot or ‘insurmountable challenge’?

By:
On:
In: Asia

Big Tech is also likely to avoid negotiating for regulations with ASEAN as a union, given their “divide and conquer” process to preserving income and the income they have put into complying with rules in specific jurisdictions, the analysts said.

At a seminar on Malaysia’s efforts to make the internet safer last Friday ( Jan 17 ), Malaysia’s Deputy Communications Minister Teo Nie Ching said a “key agenda ” for her country ’s ASEAN chairmanship is to engage the bloc and “unify ” member states ’ legal frameworks on internet regulation.

“And of training, we use it to really deal with the software provider. We believe that that can be more powerful, ” she said at the seminar held at the S Rajaratnam School of International Studies ( RSIS ) in Singapore.  

While Teo noted Malaysia’s efforts to make systems more responsible for on-line safety through its licensing requirement for all social media and internet communication websites with at least eight million registered users in the country, she believes “many more difficulties ” lie ahead.

“We are just a 34 million people, and it will be difficult for smaller countries to really engage with the software giant, ” she added.

“ But if ASEAN is able to work as a alliance, then we believe that our bargaining power will be much, much larger. ”

Her remarks came just a few days after Malaysia actually assumed the ASEAN chair on Jan 1.  

ASEAN comprises Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.  

Last August, in an appointment with Malay news agency Bernama, Teo had urged ASEAN countries to join in an effort to improve their negotiating power with social media giants and effectively combat the growing issue of online crime in the region.

While Teo had then hoped this issue would be on the “main agenda ” at last year’s ASEAN Summit under the chairmanship of Laos, the chairman ’s statement released on Oct 9 touched on online job scams and cybercrime but made no mention of social media platforms.

In recent months, Malaysia has embarked on a growing push to regulate Big Tech, starting with its class licensing requirement that kicked in on Jan 1.

It has also passed harsher penalties and wider powers in amending its Communications and Multimedia Act, attracting backlash from civil society groups, and is mulling the introduction of an Online Safety Act that critics fear could further empower the suppression of online content.

HOW MIGHT MALAYSIA GO ABOUT DOING IT?

Malaysia’s renewed effort to unite ASEAN members ’ legal frameworks against Big Tech is “very ambitious, although not impossible”, said Shafizan Mohamed, an associate professor of communications at the International Islamic University Malaysia.

“ I think as the ASEAN chair, it’s a good opportunity for Malaysia to take this lead, to create a momentum for a regional approach against Big Tech, ” she told CNA.

Benjamin Loh, a senior lecturer in media and communication at Taylor’s University, said Malaysia has a “good shot ” at succeeding in its efforts.

“ While ASEAN often struggles to find common ground due to differences in governing styles and ideologies, there appears to be growing authoritarianism across the region which sees social media as a common threat, ” he told CNA.

Continue Reading