Sunday, July 3, 2011

Article 10 of the Constitution of Malaysia.

Yes, I am sure most of you do not know, or do not understand what is in the Constitution of Malaysia. Some may not even know that the country has a Constitution too. Anyways....


The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya (in Malay, Persekutuan Tanah Melayu) and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore (now independent) joined the Federation. The Constitution establishes the Federation as a constitutional monarchy having the Yang di-Pertuan Agong as the Head of State whose roles are largely ceremonial. It provides for the establishment and the organization of three main branches of the government: the bicameral legislative branch called the Parliament, which consists of the House of Representatives (in Malay, Dewan Rakyat) and the Senate (Dewan Negara); the executive branch led by the Prime Minister and his Cabinet Ministers; and the judicial branch headed by the Federal Court.

Recently, much talk have been said of Article 10 of the Constitution of Malaysia.

WHAT is ARTICLE 10???

According to Wikipedia - the Article 10 of the Constitution of Malaysia guarantees Malaysian citizens the right to freedom of speech, freedom of assembly and freedom of association. Unlike comparable provisions in constitutional law such as the First Amendment to the United States Constitution, Article 10 entitles citizens to such freedoms as are not restricted by the government, instead of absolutely guaranteeing those freedoms.

Subject to Clauses (2), (3) and (4) —
  • (a) every citizen has the right to freedom of speech and expression;
  • (b) all citizens have the right to assemble peaceably and without arms;
  • (c) all citizens have the right to form associations.
Parliament may by law impose —
  • (a) on the rights conferred by paragraph (a) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or of any Legislative Assembly or to provide against contempt of court, defamation, or incitement to any offence;
  • (b) on the right conferred by paragraph (b) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, or public order;
  • (c) on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, public order or morality.
Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may also be imposed by any law relating to labour or education.

In imposing restrictions in the interest of the security of the Federation or any part thereof or public order under Clause (2) (a), Parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III, Article 152, Article 153 or Article 181 otherwise than in relation to the implementation thereof as may be specified in such law.

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According to item 1(b) - all citizens have the right to assemble peaceably and without arms... yes I would fully agree to it. Some people have said that is the Malaysian's rights. Yes I would agree once again... the cops have however said no to #Bersih. Why? Note the words again...

all citizens have the right to assemble peaceably and without arms

The questions here to be asked are...

1. Is the #Bersih 2.0 rally going to be a peaceful rally?

2. Is the #Bersih 2.0 rally going to be 'weapon-free'? - LOL... I think.. this one should be yes.


SO... it is in the question 1. How peaceful will it be?