Lawyer Baljit Singh of Gerakan has been roped in to do his bit to resurrect Chua Soi Lek’s hudud bogey intended to scare Chinese voters back to BN.
“You need two-thirds majority only to amend the Federal Constitution. But to amend the Penal Code and CPC, or enact a new hudud statute, you only need a simple majority”, Baljit is quoted as saying by FMT today.
Now what this idiot of a lawyer would like you all to believe is that hudud can be made law and imposed on all, Muslim and non-Muslim alike, by a post 13th GE Pakatan government pushing through an Act of Parliament, passed by simple maj0rity vote in Parliament, without having to amend the consitution, requiring a 2/3 majority approval of members of parliament.
This idiot suggests that all it takes to make hudud the law of the land is to just amend the Criminal Procedure Code and the Penal Code and , hey presto, we will all be living in Taliban land!
The 9th Schedule of the Federal Constitution deals with the legislative lists, that is, the demarcation of the legislative powers of parliament, on the one hand, and of the state legislative assemblies, on the other.
List I of the 9th Schedule deals with the legislative powers of the federal parliament.
Item 4 of List I deals with the power of parliament to legislatate with regard to civil and criminal law and procedure and the administration of justice. Item 4 (h) states this to include the power to create offences in respect of any of the matters included in the Federal List or dealt with by federal law.
List II of the 9th Schedule deals with the legislative powers of the state legislative assemblies.
Item 1 of List II starts as follows : “Except with respect to the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, Islamic law and personal and family law of persons professing the religion of Islam…” .
Parliament can only make laws touching on the Islamic law and personal and family law of persons professing the religion of Islam for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya. Otherwise, this is a matter for the state legislative aseemblies.
What about syariah criminal law? What does Item 1 of List II provide?
“…creation and punishment of offences by persons professing the religion of Islam against precepts of that religion, except in regard to matters included in the Federal List…”
In other words, the offences created and punished is confined only to persons professing the religion of islam.
What about the powers of the Syariah courts? Who will they adjudicate over? What does Item 1 of List II provide?
“…the constitution, Organisation and procedure of Syariah courts, which shall have jurisdiction only over persons professing the religion of Islam…” .
And this low-life UMNO lackey says hudud can be made the law of the land without need of the constitution first being amended?
Baljit, you are a disgrace to the Sikh faith and to the legal profession.
And as for FMT, is this your idea of investigative journalism?
Report whatever rubbish that spews out from the mouths of these sycophants?
People, time to get out the ABU Soi Lek-Hudud lies comic and get it out to the Chinese, especially in the smaller towns and villages.
Click on the images below to get the Mandarin and English versions.