I refer to an article yesterday in Malaysiakini that cops have summoned Tan Sri Lim Kit Siang over a remark he made last month in Manchester UK, to Malaysian students on a “non-Malay PM” and his writing in his blog today that he will be giving his statement tomorrow to the police over the matter.
Social media chatter had gone on overdrive, and several people have made allegations that Tan Sri’s remarks as “provocative” when he said that the Federal Constitution does not preclude a non-Malay from being appointed Prime Minister.
They are ignorant and oblivious about Article 43(2)(a) FC which states that “the Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representatives who in his judgement is likely to command the confidence of the majority of the members of that House; and Article 43(7) which states: “Nothwithstanding anything in this Article, a person who is a citizen by naturalization or by registration under Article 17 shall not be appointed Prime Minister”.
It is therefore unequivocal and explicit from the language and meaning of the above 2 Articles that there is no mention of race, religion, or gender stated therein that determines eligibility to be appointed PM.
It appears that in accordance with the above 2 Articles and by tradition and convention, all previous and current appointments as Prime Ministers have been Malay Muslim men.
Surely Tan Sri Lim Kit Siang, in sharing his honest views and in interpretating the 2 Articles, as enshrined in the FC, and in exercising free speech, has committing a crime when it not, by any stretch of the imagination? And if his view is not a crime, how can the police then lawfully open an investigation paper to proceed to investigate and call him to give a statement? The law and criminal procedure on this is very clear. Unless there is classification of a police report as a seizable offence or if not sanctioned to investigate by the Public Prosecutor if the offence is not seizable, the police cannot lawfully invoke their police powers to conduct an investigation, which includes the power to record statements under Sec 112 CPC.
It is as clear as a pikestaff that Tan Sri’s legal views does not constitute an offence under our laws, as such, summoning Tan Sri to give his statement is highly irregular and unbecoming of the police who should best employ their energies and scare resources to investigate the many real serious crimes that are plaguing the country.
Apart from the legal angle as propounded, it seems quite ludicrous to subject a man who has been in frontline politics for over 5 decades. Having been an Opposition Leader in Parliament and a fierce defender and advocate of the rule of law, democracy, justice, and equality, it seems oppressive and unjust that he is subjected to such a humiliating injustice. I therefore urge to police to cease this unnecessary action against Tan Sri.