It is a shame that the maximum years of imprisonment allowed in the Act 355 is not more than 3 years when the maximum years of imprisonment for having a sexual intercourse with animal is 20 years as listed in Section 377 Penal Code. Does Lim Guan Eng really believes that the value of an animal is much greater than the value of man?
On the 23rd day of November, 2016, DAP’s Secretary-General Lim Guan Eng posted an article on his blog titled, “MCA, MIC, Gerakan And SUPP Should Withdraw From BN Following BN’s Endorsement Of Hudud-Like Laws”. In the said article, he shows strong opposition against the proposal to amend Act 355 to raise the maximum punishment to 30 years of imprisonment, RM100,000 fine and 100 times of whipping.
This amendment must be implemented to empower the Syariah court so that we can control the critical social problems in Malaysia and to further ensure the public’s security. By opposing the proposal and labeling it as unconstitutional, Lim Guan Eng is also telling the people to betray the Yang di-Pertuan Agong as the Agong had mentioned in his speech during the opening of the 13th Parliament on the 7th March, 2016 that he hopes that efforts will be taken to strengthen the Islamic institution and improvise the Syariah law by empowering the Syariah court.
“Beta harap usaha akan dilaksanakan untuk mengukuhkan institusi agama dan untuk menambahbaik pentadbiran undang-undang Islam dengan memperkasa mahkamah syariah” -Yang di-Pertuan Agong 7th March, 2016
DAP’s Lim Guan Eng claims that the amendment is unconstitutional as our Federal Constitution is secular in nature with Islam as the religion of the Federation—which is very self-contradicting. How can a Federal Constitution be secular and Islamic at the same time when being secular is the act of separating religion and the government institution? Islam is the religion of the Federation as written in our Federal Constitution under Article 3(1) which has been clarified on various occasions, most notably by Justice Mohd Noor Abdullah in his ruling of the case, Meor Atiqul Rahman and others vs Fatimah Sihi and others. There is nothing secular about our Federal Constitution. It is impossible for it to be so.
He also accuses MCA, MIC, Gerakan and SUPP of betraying their principles and promises to uphold and defend the Federal Constitution because of their alliance with UMNO under the Barisan Nasional flag (for which he claims that they deserve public condemnation). The tittle itself urges MCA, MIC, Gerakan and SUPP to leave Barisan Nasional, a multi-racial political alliance, claiming at the end of the article that their failure in doing so is a sign of tacit approval of the unconstitutional measures adopted by UMNO and implying that UMNO had been “leaving them in the dark” and completely ignoring them.
Not only is this accusation baseless since the amendment of Akta 355 is in no way against the Federal Constitution, but his urges and false claims are inciting tension and conflict between UMNO and MCA, MIC, Gerakan and SUPP, or in other words, inciting tension and conflict between the Malays and the other races.
The statements posted on his blog, has a high potential to breach the peace and harmony of the nation by instigating a fight between the different races and religion, and inciting hate into the hearts of the people against the government and more importantly, the Yang di-Pertuan Agong. His statements have also gone against several parts of the Sedition Act 1948:
- Seksyen 3 (1) (a): “bagi mendatangkan kebencian atau penghinaan atau bagi membangkitkan perasaan tidak setia terhadap mana-mana Raja atau Kerajaan”
- Seksyen 3 (1) (c): “bagi mendatangkan kebencian atau penghinaan atau bagi membangkitkan perasaan tidak setia terhadap pentadbiran keadilan di Malaysia”
- Seksyen 3 (1) (d): “bagi mengembangkan perasaan niat jahat dan permusuhan antara kaum atau golongan penduduk yang berlainan di Malaysia”
- Seksyen 3 (1) (f): “bagi mempersoalkan apa-apa perkara, hak, taraf, kedudukan, keistimewaan, kedaulatan atau prerogatif yang ditetapkan atau dilindungi oleh peruntukan Bahagian III Perlembagaan Persekutuan atau Perkara 152, 153 atau 181 Perlembagaan Persekutuan”
Concerned for the peace and harmony of my country, I have lodged a police report on the said article at the Ampang Jaya Police Station last Thursday.