13Friday Publish time 30-8-2016 07:58 AM

National Day - Message of IGGG M

http://jk-letters.blogspot.my/20 ... ossroad-of-nsc.html

Nation at a crossroad of NSCCan we accept what the PMNajib said recently :“National SecurityCouncil Act 2016 for national security, not personal design” (Aug 27, 2016)?Can this defence be true and justifiedif we go through the NSC and the “junta” of 5 persons especially the PM who isalso the Chairman can control everything socalled “National Security” bypassingthe YDP Agong, a Ruler or Yang diPertua Negeriaccording to the NSC section 23 (2)a. Before I go further onthe check and balance of any public act and the absence thereof, it isimportant a brief introduction of the NSC act is available.The National Security Council Act 2016 (Malay: Akta Majlis Keselamatan Negara 2016) is"to provide for the establishment of the National Security Council, the declaration of security areas, the special powers of the SecurityForces in the security areas and other related matters". This Act isintended to strengthen the government's ability to address increasing threatsto the nation's security, including threats of violent extremism. The Bill was introduced into parliament by Shahidan Kassim on 1 December 2015. It passed the Dewan Rakyat (House of Representatives) on 3 December 2015, and the Dewan Negara (Senate) on 22 December 2015 without amendment. The Act received Royal Assent on 18 February 2016 inpursuant to Clause 4A of Article 66 of the Federal Constitution.
The NationalSecurity Council Act 2016, in its current form (7 June 2016), consists of 7Parts containing 44 sections and no schedule (including no amendment).·      Part I: Preliminary·      Part II: National Security Council·      Part III: Duties of the Director General of National Security andGovernment Entities·      Part IV: Declaration of Security Area·      Part V: Special Powers of the Director of Operations and Security ForcesDeployed to the Security Area·      Part VI: General·      Part VII: Savings.The commonallegations of the NSC are largely in these aspects namely:-

[*]Clause   18 (1): PM has full discretion to decide where 'security area' is
[*]Clause   18 (3) and (4): Initial declaration of ‘security area’ lasts for 6 months   but may be renewed by PM indefinitely
[*]Clause   22–30: security forces can arrest without warrant; stop and search; enter   and search premise; take possession of any land, building or movable   property.
[*]Clause   37: All NSC’s affairs are done is absolute secrecy
[*]Clause   38: No action or lawsuit can be brought against the NSC   (source: Wikipedia)
To me there are much morethan that if the NSC is grievously applied or misapplied in any circumstancesbeyond what the public desire.
First, NSC does not have any definition ofNational Security and scenarios thereof except it is found in a section such asFunctionsof the Council 4. The Council shall have the following functions: (a) toformulate policies and strategic measures on national security, includingsovereignty, territorial integrity, defence, socio-political stability,economic stability, strategic resources, national unity and other interestsrelating to national security; (b) to monitor the implementation of thepolicies and strategic measures on national security; (c) to advise on thedeclaration of security areas; and (d) to perform any other functions relatingto national security for the proper implementation of this Act.
So based on the functionsof the Council, sky is the limit not to mention some of the activities alreadydealt with by other existing Acts.SoNSC would appear to be over riding in all circumstances and cannot be challengedin the Judiciary.I leave this to thepublic court to decide but aggressive protests on NSC would be disallowed too.
If we deliberate on thevarious items in the Function above-mentioned, it would appear the present Governmenthas brought the nation very edgy and at breaking points like it or not and sodoes the present socalled “failed” leaders need NSC to continue to performwhich can lead to more disasters in the making at advanced and critical stages.
Readers and concernedcitizens would agree with me that certain scenarios are already so ugly and yetnot properly addressed even after some decades, and yet do we need NSC to dothat?Critical more specific areas arerace/religions of the dominant one against the minorities; climate change andenvironment – manmade or acts of God – being ignored or regularly sidelined,massive official corruption so far without action or denied according to thescale thereof, prevailing illicit drugs menace.
All these degradedcircumstances in the four areas can easily threaten our sovereignty or ourexistence whether we like it or not.
Second, Maybe we leavethe religion and climate change to God for His justice or ultimate justice, butenvironment, corruption, illegal and ‘project IC’ immigrants and illicit drugsmust be addressed by everyone of us.
Seriously hardly much hadbeen done for the menace of environment by the appropriate allocation ofadequate funding except that in Kota Kinabalu, the Judiciary together with DBKKtook a tough stance on the local pollution and thrash in Sembulan – the blackdot so near the city within. So for Sabah with so much national security interms of national resources dwindling fast, we need to expose all ourmishandling or cannot-be-bothered attitude in environment, it is important andurgent to have a blueprint on environment at an environment expo which I hadproposed as Sabah Environment Expo or SEE Sabah 2016. Once our depleted naturalresources are gone in Sabah, our total losses would be in areas such as globaltourism, food sources, climate change,   general health, economy, and general well beingsof the people.
Maybe, we have seen somefresh air with the latest appointed MACC Chairman Datuk Dzulkifli Ahmad as heseems to be tough in his position with zero corruption in the civil service.Maybe, he would go on to the business communities who work hands in gloves withthe civil servants and then the politicians later.Also recently, therelevant authorities have also arrested hundreds of thousands in the illicitdrugs sector.It is known that illegaland project IC immgrants can be detained in detention centres and the prisons.
Third, I hope suchpro-active action would be pursued and finally there are enough spaces inprisons for millions of inmates after due but long process in the Courts alsoover stretched.   
Given the complexity andcomplicity of illegalities in the environment, corruption official or otherwise,illegal and project IC immigrants, illicit drugs, would NSC be applied toshorten all the usual stretched legal processes to resolve millions of cases?If not done that way, these critical issues would be with us forever in afailed nation. A neighbouring country is shooting drugs suspects on sight.In Turkey, the Governmenteven adopted the policy of freeing many thousands of convicted criminals to beback to the streets for the coup suspects to be detained in over stretchedprisons. So that is tough decision indeed with or without NSC.Fourth, Now let me comeback to a finer point in NSC as it is not obvious to the common mind.Why should there be public indifference ordisquietover NSC fearing themselves thatthe undesirable actions could happen to the Whistleblowers even with theexisting Whistleblowers Act 711 of 2010 which in reality is a red herring whenthe present Government is challenged.So is NSC really asalleged that NSC can be used against whistleblowers acting in public interestwhen PM said no personal agenda?So let look at thisagain.NSC has a director of operation asin section 20 namely20. (1) The Councilshall appoint a Director of Operations to be the person in charge of theoperations in a security area. (2) The Director of Operations shall beresponsible to the Council.Does the NSC actdisallow the PM cum Chairman to be appointed Director of Operations which isaccredited so much power beyond belief in NSC activities.So what is there tostop the NSC to appoint the Chairman as the Director of Operations as fivepersons or a single person decide on that. We can now imagine how a “junta” in any emergency behave.Who actuallyappointed Tun Abdul Razak in 1969 as Director of Operations?Was he appointed by the YDP Agong or theRulers’ Conference? Was there an internal sort of coup within UMNO?Was he self appointed with new found faction powerwithin UMNO?Wikipedia is also silent onthis drastic change of leadership. He was so powerful that he could change thecourse of the nation in its nation building (NEP/ Barisan National) or nation’sgradual destruction as far as MA63 was concerned and there go our independenceand our precious resources.Now the YDP Agong andRulers, Yang Dipertua Negeri are out of the picture in NSC 2016 Section 23(2a).Is there any chance of check and balancewhen NSC 2016 is the legitimate document to implement whatever as sky is thelimit in anything or everything, bad, good or evil?This is especially so when 5 persons or asingle person in NSC are ‘untouchable’ be it personal or official matters.So before theDirector of Operations get hold of that NSC power as it was in 1969 (no NSCthen), we are now in totally different scenario and the YDP Agong and the rulerconference having failed to have the NSC 2016 ‘refined’, install an InterimGood Governance Government (IGGG M) totally independent from the politicaldivide to bring the nation forward without all the entanglements of more than 5decades. Please appreciatethis articles as the 2016 national message of IGGG M.
Joshua Y. C.Kong30 August, 2016

alzan Publish time 30-8-2016 10:04 AM

The Act received Royal Assent on 18 February 2016 inpursuant to Clause 4A of Article 66 of the Federal Constitution.

tak dapat perkenan daripada YDP Agong tapi gomen masih nak pakai juga... :(
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