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No way Sabah and S'wak will allow it
Published on: Wednesday, June 01, 2016
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No way Sabah and S'wak will allow it
Kota Kinabalu: The United Pasokmomogun Kadazandusun Murut Organisation (Upko) has objected to the tabling of the Private Member's Bill by PAS in parliament last week, saying this could result in the country having two sets of laws governing all Malaysians. Acting President Datuk Seri Wilfred Madius Tangau (pic) on Monday said there were concerns that if power is given to the Syariah courts to impose punishment except death, it would then be followed with the introduction of new criminal offences by the states in the Syariah courts, with punishment exceeding the current jurisdiction as allowed under the Syariah Court (Criminal Jurisdiction) Act 1965.

He also said that the tabling of the bill was not aligned with the Federal Constitution, which was the reason why the people in Sabah and Sarawak had agreed to support the formation of Malaysia previously.

Tangau said Sabah for instance had continued to live in peace and harmony amid a backdrop of people of various religious backgrounds under this existing law.

"The Malaysia Agreement resulted in formation of the Federal Constitution and all leaders, especially MPs are sworn in to protect the Federal Constitution.

"We will oppose this attempt to change the Federal Constitution, we will oppose. For Sabah and Sarawak it's very critical and our stand is consistent on the matter," he said.

He noted the bill will also a create duplicity of offenses and this goes against the equality and equal protection guarantees under the Federal Constitution.

Tangau said careful understanding and scrutiny must be made on the Bill, saying that Upko does not want a bill that is slowly being introduced, part by part and new laws being created which contravene the Federal Constitution.

Tangau, who is also Science, Technology and Innovation Minister, told reporters this after the closing of the State-level Kaamatan festival here on Tuesday.

On May 26, PAS Marang Member of Parliament Datuk Seri Abdul Hadi Awang tabled the Private Member's Bill triggering widespread debate, with many suspecting that it was the Hudud Bill.

Tangau noted the contents of the Bill itself seeks to amend section 2 of the Syariah Court (Criminal Jurisdiction) Act 1965 and enhance the jurisdiction of the punishment for offences under the Syariah Courts, which is presently limited to a term of imprisonment not exceeding three years, or whipping of not more than six strokes, or fine of not more than RM5,000.

"We do not want Parliament to be placed in a position when amendments to the constitution are being pushed through to allow the inception of certain laws that have been passed earlier.

"We do not want a bill, that has been passed, to create a ripple effect that requires the amendment to the Federal Constitution," he said.

Tangau said the country at present could not afford another constitutional crisis and cause apprehension among Malaysians, saying that even the case involving conversion and custody of children from a civil marriage has not been settled until today, involving one parent having converted to another faith.

He said Malaysians must look back and be reminded of the reason the basis of Malaysia being formed, saying that the country's forefathers had a vision of a great nation where its people can live harmoniously with respect, acceptance and understanding amid racial diversity.

"From the moment when Tunku Abdul Rahman broached the idea of forming "Mighty Malaysia" on May 27, 1961 to the birth of our nation on 16th September 1963, our Federal Constitution was drafted to embody such hope, intention and spirit.

"We have gone through many struggles and overcome challenges since the formation of this nation more than 50 years ago, blessed by the virtue of our Federal Constitution as our guiding light and beacon of hope."

"We have achieved so much together as one people and as a nation. Let us continue to respect and protect the very foundation that has been laid by our founding fathers that has united us throughout these years," he said.

Towards this end, Tangau reminded that federal lawmakers have taken their oath to protect the Federal Constitution when carrying out their duties and responsibilities of serving the country and people and for that matter, he intends to keep this oath.

"Much has been said about the government's decision to move a motion supporting the Bill to be tabled.

This was a surprise to many, especially towards the components parties of Barisan Nasional.

"Upko has always held true to the principle of "Setia Kawan" in BN. And we believe that a consensus decision, after hearing the opinions of each party which represents the various races in Malaysia, to be the best approach.

"We must continue and protect this practice and principle so that we can overcome any challenges together as one people.

This is the Upko prayer," he said.

Tangau said PAS and everyone else must tread carefully and not play with the religious sentiments of Malaysians, adding however he was not being disrespectful towards others of different faiths but merely making his point that everyone must continue to protect and uphold what the country's leaders have fought so hard to keep the existing peace and unity among its citizens.





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