News of the police probe against DAP veteran Lim Kit Siang for his statement raising possibilities of a non-Malay person becoming the prime minister of Malaysia has sparked a passionate defence of freedom of expression from Hassan Abdul Karim.
“I am very sad to hear that my good friend Lim will be probed or investigated by the police just because he mentioned a possibility that a non-Malay person may become the prime minister of Malaysia,” said the Pasir Gudang MP.
Speaking to Malaysiakini, Hassan defended Lim’s statement and questioned the basis for the investigation.
“What’s wrong with his statement? I am Malay and I am also a Malaysian. I am a lawyer, an advocate and a solicitor.
“I know the law and our Federal Constitution. And I stress that there is no mention in our Constitution that only a Malay can be Malaysia’s prime minister,” he said.
Citing Article 43(2)(a) of the Federal Constitution, the PKR lawmaker said that anybody, as a citizen of Malaysia, regardless of race or religion can be made the country’s prime minister.
Article 43(2)(a) states that the only requirement for someone to be prime minister is that the premier be an MP, who in the Yang di-Pertuan Agong’s judgement has the majority of support.
Former deputy minister Mohamed Hanipa Maidin agreed with Hassan, contending there was no provision in the Federal Constitution that the prime minister must be of a certain race or religion.
"Perhaps, one who seeks to argue that the prime minister’s office must be reserved for a Malay MP is only relying his or her point on what constitutional lawyers used to call a ‘constitutional convention or practice’.
"However, Lim may argue otherwise. Anyway, having a different opinion should never be considered a crime. It’s called democracy," he told Malaysiakini.
Hassan, however, said that no constitutional convention has even implied that the prime minister’s position be strictly reserved for Malays.
He further emphasised that Malaysia is a democratic and progressive country, refuting any notion of an apartheid-like restriction on leadership positions.
“As a Malay but also as a patriotic Malaysian, I believe that Malaysia belongs to all its citizens. Making a statement like this is not seditious under the Sedition Act 1948.
“As an MP, I urge and advise our police to not waste time investigating Lim. It is not seditious to mention the rights and legal position non-Malays and Malays under our Federal Constitution,” he said.
Lim is expected to give his statement to the police at 9.30am on Wednesday at the police station in SS2, Petaling Jaya.
The Act for which Lim is being probed is yet to be known.
Hanipa questioned if the police would investigate Lim under constitutional law or for being politically wrong.
"Assuming he is politically wrong, does the police have any power to investigate him? Perhaps, the inspector-general of police or any other officer needs to clarify.
"Investigating anyone for giving his view on constitutional matters may be viewed to be highly oppressive.
"Worse, it would bring the image of our police and Madani government into disrepute," said the Amanah leader.
It is believed that the investigation on Lim is over his remarks made to Malaysian students in Manchester, UK, at the end of last month, where he said it took the US 230 years before an African-American (Barack Obama) could become president.
Lim then expressed hope that it would not take that long for a non-Malay to become the prime minister of Malaysia.
He also claimed that at present, the statement that a non-Malay could be Malaysia’s prime minister is a “statement of fact”, not a “statement of reality”.
Meanwhile, PAS has since deemed Lim’s remarks as “poisonous propaganda” that has the potential to create an atmosphere of disharmony. - Mkini
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