Newsletter | Issue 11

Subject: Not ‘proboked’ by a vulgar slur

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WHAT’S RIGHT, MALAYSIA?

YOU DECIDE


Apa khabar? It was alleged that the Pasir Salak MP used the word pu****k while MPs debated on the Anti Sexual Harassment Bill, and why are we not surprised?
Niresh Kaur, Shambavi Shankar


What’s the tea in Malaysia?

Wanda drinking tea
Source : Tenor

Rejoice, men and women. We are safe

The good news. The Anti-Sexual Harassment Bill was passed this week by the Dewan Rakyat. This law ‘cover(s) all individuals irrespective of gender’, stated Datuk Seri Rina Harun. Once passed, the sexual harassment Act will be known as the Anti-Sexual Harassment Act 2021.

how is jho low
Source: Meme Arsenal

Highlights of the Bill:

  1. The establishment of Tribunal for Anti-Sexual Harassment whereby each sitting will comprise at least one woman.
  2. Standard of proof – the Tribunal will determine the complaints on a balance of probabilities.
  3. The Tribunal hearings are closed to the public.

Malaysia still has a long way to go when it comes to sexual harassment justice, but in situations where the victims are hesitant to come forward (especially in cases where the perpetrator is a person of status), this closed-hearing tribunal seems to be a step in the right direction.


The Sulu-Petronas chronicle – Part 2

As promised, we will discuss the Sulu-Petronas chronicle in this newsletter.

What happened?

Long long ago in a land before time

The Deed of Cession between the sultan of Sulu, Sabah and the British came to an agreement that Sabah would pay Sulu sultan and his heirs 5,000 Mexican dollars annually.

Keep it light
Source: Meme Creator

1963

Following Sabah’s independence and formation of Malaysia, Malaysia took over the payments of RM5,300 a year.
2013

The Lahad Datu incident whereby Malaysia (when Datuk Seri Najib Tun Razak was the Prime Minister) ceased to pay this amount.
February – July 2022

The French arbitration court ordered Malaysia to pay the sum owed to settle the dispute. The Paris Court of Appeal stayed* the ruling on grounds that this would affect Malaysia’s sovereignty.
*The New York Convention is recognised in 170 countries (including Malaysia) and enforces foreign arbitral awards (the French Arbitration’s ruling). The stay (Malaysia applied for) helps delay the enforcement in one country (France), but not the other 169 countries.
11 July 2022

The Petronas subsidiaries in Azerbaijan were served with a ‘Saisie-arret’ (right to seize land).
12 July 2022

Petronas confirmed the Financial Times report in a press release.

Keep it light
Source: Meme Creator

17-19 July 2022

A campaign to lodge a police report against Najib Razak was launched by Rafizi Ramli for alleged negligence by the former Prime Minister.
18 July 2022

Tan Sri Azhar Azizan Harun, the Dewan Rakyat’s Speaker, did not allow for the motion on this to be brought up by Kota Belud MP, and suspended her from Parliament due to the sub-judice** rule.
How is this a problem?

1. As long as Malaysia continues to ignore the ruling, the money owed to the heirs’ increases by 10% every year – Petronas is key in helping Malaysia rebuild the country’s economy post-pandemic, so this debt could land us in serious, serious trouble.
2. Any Malaysian government-owned assets are eligible for enforcing an award (as per the abovementioned UN convention).
3. The fact that these heirs claiming the right to the Petronas assets are heirs to the Sulu sultanate has raised the question of Sabah’s sovereignty and security, as stated by the former foreign minister, Anifah Aman.
We will continue to update you on this matter. Should you have any questions, do reach out to us.


Lamplighter wanna-be in Malaysia

the mob step up
Source: Know Your Meme

Are our children protected? There are adequate laws in Malaysia protecting our children – Domestic Violence Act 1994, Child Act 2001, and Sexual Offences Against Children Act 2017.
In a cruel case this week involving a child, we saw a video of a couple burning the said child with a lighter. The police also suspects that she has been beaten with hanger and a broom.
The case is now being probed under Section 31(1)(a) of the Child Act 2001, if convicted, is liable to a fine not exceeding RM20,000, or an imprisonment for a term not exceeding 10 years, or both.

the mob step up
Source: Hanna Barczyk for NPR / https://hannabarczyk.com/illustrations-for-npr

Child abuse seems to be an ongoing problem in this country. Do not dismiss this as ‘hal orang lain’ as a child could be in danger. Immediately lodge a police report if you have a suspicion that a child is being abused, and don’t worry about any claims of defamation. Section 116 of the Child Act 2001 protects informers from any liability for defamation.


TURUN padang, TURUN gaji menteri

​The nation, angry and annoyed, seems to be organising numerous protests in the fight for a better country. You should know by now that you have the right to rally under Article 10 of the Constitution of Malaysia. More on this herehere.


Legal Lingo of the Week – **Sub Judice

Hulk: i see this as an absolute win
Source: Sinar Harian

The Kota Belud MP (Isnaraissah Munirah Majilis) filed three motions on the asset seizure of Petronas subsidiaries by purported heirs of the Sulu sultanate in Parliament BUT were rejected by speaker Azhar Azizan Harun due to the rule of sub judice.
Sub judice, Latin for “under a judge” generally means any issue brought before the judge/court and undergoing judicial consideration. Hence, this issue is prohibited from public discussion.


Question of the Week

How does a bill become law?

That's racist
Source: Says

Stay tuned for the answer in our next newsletter.


Last Week’s Question

What can you do if someone uses a racist slur against you?

Answer:
The short answer is that it’s fairly more straightforward if the comment is made to you online. And that’s because the Communications and Multimedia Act of 1988 exists. Section 233 of this Act makes it an offence to:
…by means of any network facilities or network service or applications service knowingly
— (i) makes, creates or solicits; and (ii) initiates…communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person;…
It’s a super long section but we’re focusing on the part that’s most relevant here. As you can see, it doesn’t specifically mention racist comments, but such comments are covered by this section that’s targeted at any offensive remarks.
However, remarks made in person may be investigated differently. Read more .


Thank you for taking the time to read our newsletters.

Your feedback will help us improve and continue to provide Malaysians with simple and free legal updates. Otherwise, we are just headless chickens running a site.


Got questions? Email us at apakhabar@whatsrightmy.com

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Kuala Lumpur
Malaysia

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