Saturday 13 July 2019

RESPONSE TO ALL MY CRITICS (1)

TUN ABDUL HAMID MOHAMAD

Former Chief Justice of Malaysia


RESPONSE TO ALL MY CRITICS


RESPONSE TO ALL MY CRITICS

By

Tun Abdul Hamid Mohamad

 


 

When I started my website, on the suggestion and help of a friend, my intention was to upload my speeches and papers delivered or written when I was in service as a Judge so that other people could have access to them. They were all on law-related topics.

During the first few years of my retirement, due to my involvement in those areas, I started writing and speaking on the legal aspects of Islamic banking and finance. Besides, I used to get invitations to speak on such subjects as integrity, corruption and others.

They were all uploaded on my websites. The number of visitors kept increasing, beyond my expectation. I used to receive congratulatory emails from readers, but never a criticism.

In early March 2014, I was invited by a group of Malay/Muslim NGOs led by Dato’ Ibrahim Ali, who were resisting the repeal of the Sedition Act 1948 and the passing of what became known as the Harmony Bills, to chair the committee to prepare a memorandum to be submitted to Dato Seri Najib, the then BN Prime Minister.

I debated with myself whether to accept it or not, because for me to be seen sitting side by side with Dato’ Ibrahim Ali, the President of Perkasa was enough to attract criticism from the non-Malay group championing the repeal of the Sedition Act and the introduction of the Harmony bills.

I decided to accept it on my terms, which I made clear at the first meeting on 14 March 2014, which are:

1. My job was only to assist the committee on the legal and constitutional aspects in the drafting of the memorandum. I may or may not agree with some parts of the memorandum. The content is a matter for the Convention of NGOs to decide.

2. The NGOs must not contravene any law in their actions. Besides, their actions must not be contrary to the good akhlaq of the Muslims and the adab of the Malays.

Even though my position was only as an advisor, not an activist, I knew that I would be accused of getting involved in politics, what more with the “ultra-extremist Malay group” by opposite group. Ironically, the Bar Council which not openly spearheaded the abolition of the Sedition Act but even drafted the Harmony bills was not seen as being involved in a “political” activity, or was it exempted?

However, I argued that I had retired, to quote Dr. Zhivago, “I am the people too” and, after his dismissal, Tun Salleh Abas, stood for election, first on PKR ticket, then on PAS ticket and became an Exco Member in Terengganu, nobody said anything. I am not joining any political party or standing for election as a candidate of any party, why should there be an issue?

But, sure enough, I was asked by a (Chinese) reporter whether it was proper for me, an ex-CJ to get involved in the drafting of the memorandum. You see how quick they are in finding your fault when what it might affect their interest.

On 22 April 2014, I wrote an article “Perpecahan Melayu Punca Tuntutan Melampau Bukan Melayu” from Bilik Cempaka, Hospital Kuala Lumpur. That was a political article but my position was clear: I was merely defending the rights of the Malays and the natives of Sabah and Sarawak and the position of Islam as had been agreed by the various races and provided by the Federal Constitution against the onslaught by mainly the Chinese who had rallied behind the DAP to achieve their objective. That article was published by Utusan Malaysia and became viral amongst the Malays. Of course, I received many congratulatory messages through my email.

The opposition against the repeal of the Sedition Act and the introduction of the Harmony bills was gaining momentum. I was already seen as a strong objector to the move to abolish the Sedition Act and the passing of the Harmony bills.

On 29 June 2014 I wrote an article “Pembangkang, Majlis Peguam dan Comango “Merampas” MPKN (NUCC)”. That article was published by Utusan Malaysia on 2 July 2014 under the title “Saya tidak mahu jadi pengkhianat”.

When writing that article I was confused between Majlis Konsultasi Perpaduan Negara (MKPN) or in English, and Jawatankuasa Mempromosikan Persefahaman dan Keharmonian di Antara Penganut Agama (JKMPKA) which was also under the Jabatan Perpaduan Negara dan Integrasi Nasional (JPNIN). I was offered chairmanship of JKMPKA which I turned down. However, in that article, I mistakenly typed “MKPN” instead of “JKMPKA”.

I am unable to find the article in Malaysiakini now except a line “July 1, 2014 – ‘To helm unity panel will make me Malay traitor’. I believe that was the news article based on my article of 29 July 2014.

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