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Wednesday, June 17, 2020

Hannah Yeoh's tweet consistent with duties as MP, says lawyer

Malaysiakini

The investigation into Segambut MP over a tweet querying the future of the national road map on child marriage raises serious concerns concerning the discharge of the duties of an MP, says lawyer Harshaan Zamani.
In the tweet, the former deputy women, family and community development minister had enquired about the fate of the National Strategic Plan to Address the Causes of Underage Marriage under her successor Siti Zailah Mohd Yusoff.
"It is my view that the question by Hannah Yeoh is consistent with the oath that she took as a member of Parliament, i.e. to discharge her duties as such to the best of her ability and to preserve, protect and defend the constitution.
"As an elected MP and former women, family, and community development deputy minister Hannah Yeoh has a legitimate right and interest to raise such a question as it concerns the policies of the current government," said Harshaan, who is also political secretary to Yeoh's party colleague Ramkarpal Singh.
"In light of the recent change of government, she is entitled to be informed if the policies framed by the previous government in respect of child marriage will be implemented or otherwise.
"This is a serious issue which would require the government of the day to make their stand clear and she should not be prohibited or punished for discharging her duties in accordance with the oath she took," he added.
Bukit Aman CID deputy director (investigations/legal) Mior Faridalathrash Wahid told Malaysiakini that Yeoh is being investigated under Section 505 of the Penal Code and Section 233 of the Communications and Multimedia Act 1998.
Those found guilty of Section 505 - which pertains to statements conducive to public mischief - could face up to two years in jail, a fine, or both.
Those convicted of Section 233 - which involves improper use of network facilities or network service - could face up to one year in jail, an RM50,000 fine, or both. They could be further fined RM1,000 for every day the offence is continued after conviction.
Mior added that the police plan to take Yeoh’s statement on June 23 and that a “member of the public” had lodged a report against her tweet in question.
Johor DAP publicity secretary Marina Ibrahim said she was wondering whether the government had difficulty in accepting criticism or views on certain matters.
“Is the government now a government that cannot be criticised and reprimanded? Is asking questions to make sure the rights of children protected a mistake? ” she said in a statement today.
“We all need to look back at why Sister Hannah Yeoh questioned Siti Zailah's appointment as deputy minister of women, family and community.
“This is, in fact, the result of a statement issued by Siti Zailah herself in a July 2017 parliamentary debate in which she defended a minor's marriage.
Marina added that the marriage of a minor is not just a religious issue but a major issue that the ministry needs to address.
'Days of stifling free speech are back'
Meanwhile, PKR's Setiawangsa MP Nik Nazmi Nik Ahmad (photo) warned that the investigation signals a return to a more draconian era.
"It is sad that the government is wasting police resources on such a matter. It seems like the bad old days of BN - stifling free speech and intimidating Opposition - is back under PN," he told Malaysiakini.
Kuantan MP Fuziah Salleh concurred saying that as an MP and former deputy minister in that portfolio, Yeoh had a legitimate right to pose the question.
"It saddens me to observe that Malaysia is going down this road with regards to freedom and democracy," she added.
Sungai Buloh MP R Sivarasa called for the police to be trained not to give weight to such reports as the one that led to the investigation.
"Hauling persons to the balai (police station) like this just because a frivolous police report was lodged is intimidation and a threat against freedom of expression.
"Police should be trained to recognise such frivolous reports for what they are. Hannah’s comment cannot amount to a crime - period," he said.
Parti Sosialis Malaysia deputy chairperson S Arutchelvan added his view that the taxpayer's money was being misused to settle political scores and keep the opposition busy in attending to the police stations and perhaps the courts later.
"Article 10 of our Federal Constitution allows for freedom of expressions. These comments by Hannah do not in any way cross the boundaries of the constitution.
"The police should be relieved from such trivial duties and deal with bigger issues in hand such as fighting Covid-19 and crime.
"If at all the ruling party is unhappy, they should use the civil courts and not burden the nation's coffers," he said. - Mkini

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