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Friday, May 3, 2013

Election Offences Act - Are you committing one?



It is really a game of catch. Cat and mouse. Chess, Black versus white.

That would be my summation of the 13th GE. Each side, PR and BN countering one another, and getting the help from 'friends'.

But how familiar are you with the Election Offences Act? Chances are we will take in all as the gospel truth when lawyers like Ambiga, Bon, Harris and the likes quote acts and laws. After all they are lawyers aren't they?

The latest today is that Malaysia Airlines is in cohorts with Barisan Nasional to fly in 'Bagladeshis' and other foreigners from Sabah to the Peninsular to obviously cast votes for BN.

BN's Tengku Adnan has confirmed that 'friends of BN' are indeed responsible for the chartering of flights so that voters can return to their constituencies to vote. I am not certain who these friends are, but I have gone through the Election Offences Act here and find that 'any person' is not restricted to do so, unlike what Ambiga had said.

The Act itself covers various parties. Such as individuals(any persons), Election Officers (any officer, election clerk, interpreter or any person having any duty), Election Agents,.
In short, the Election Offences Act 1954 is "to prevent electoral offences and corrupt and illegal
practices at elections; to provide for the establishment of enforcement teams and for matters connected therewith; to provide for the appointment of election agents and to control election expenses; and to provide for election petitions."

It gets very technical, and prescribes even for punishment if found guilty, such as section 25 (3) which reads "Employers to allow employees reasonable period for voting" which specifically states "Any employer who, directly or indirectly, refuses, or by intimidation, undue influence, or in any other manner, interferes with the granting to any elector in his employ, of a reasonable period for voting, as in this section provided, shall on summary conviction be liable to a fine of five thousand ringgit or to imprisonment for one year."

And what about ABU's Eagles who has the intention to stop every 'Bangla', 'Pakistani', 'Filipino', 'Sabahan' looking guy and gal from voting?
The Election Offences Act 1954, section 3 (n) states that "Any person who obstructs or prevents a voter who is otherwise entitled to vote from voting at an election" shall be liable, on conviction, to imprisonment for a term not exceeding two years or to a fine not exceeding five thousand ringgit or to both such imprisonment and fine and, subject to any provision to the contrary in any written law relating to any
election, shall until the expiration of five years from such conviction, be incapable of being registered or listed as an elector or of voting at any election or of being elected at any election, and if at that date he has been elected at any election, his seat shall be vacated from the date of such conviction:

You see, in Malaysia we have laws. The laws applies to everyone (some may have you think that this is not the case) so if everyone takes the law into their own hands, then what is there left to do?

I have been bombarded with text messages, whatsapp messages, and emails from both sides and its really funny how they argue their point complete with photo evidence.

So here is something for you to think about before you take the bait, hook line and sinker.

See the whole picture will you? Take the view from both sides and then see for yourself. Use your head.

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