Monday 1 December 2008

Tunku Abd. Aziz/ NST - Misled or Misleading?

I wonder if this is the same Tunku Aziz who has joined DAP after "eyeing" it for the past 30 yrs, and was immediately appointed as a Vice President.
If it is, DAP should probably should consider reversing the title to suit his image better.....
Today, NST published an article (Yes - NST published the DAP VP's letter!!) in the letters section.
It went as follows:-

THE Regent of Negri Sembilan, Tunku Naquiyuddin Tuanku Jaafar, shows great moral courage in arguing for the restoration of the rulers' immunity, stripped so unceremoniously by former prime minister Tun Dr Mahathir Mohamad, who had showed a total disregard for the larger interests of the people of this country, and, equally as important, the constitutional role of the rulers in the rule of law, the basis of our national well-being.

Tunku Naquiyuddin is right to say that royal immunity should not cover criminal acts, for which our rulers should be held accountable, but in performing their constitutional duties, they must enjoy immunity from legal proceedings.
-Tunku Abdul Aziz, Rulers’ immunity: Restore what Dr M removed, NST,
NST Online » Letters 2008/11/30

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Here's what Jack wang commented on MT:-

written by JackWang, December 01, 2008 14:56:24

Someone has to show me where in the constitution does it say that the rulers do not enjoy immunity when acting in their official capacity.
Article 183 of the constitution states that
"no action, civil or criminal, shall be instituted against the Yang di-Pertuan Agong or the Ruler of a State in respect of anything done or omitted to be done by him in his personal capacity except with the consent of the Attorney General personally".

Article 181 guarantees the sovereignty, rights, powers and jurisdictions of each Malay Ruler within their respective states. They also cannot be charged in a court of law in their official capacities as a Ruler.

So perhaps someone can enlighten where in our constitutional amendments have caused the rulers to be liable when they are acting in their official capacities. If there are ambiguities, then we need to get that clarified and an amendment should be carried out to make this clear.
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Below is the Full text of the speech (taken from Malaysia Kini).
Note the highlighted last page (click to view full size)

Did TG Naquiyuddin say what Tunku Aziz claims he did, or is the below a mistake (for which the publisher could be sued for "misprint")?
Somebody is playing the spin doctor.
You be the Judge .....


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