Suhakam urged go to Courts over violations

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PRESS RELEASE of Joshua Kong, Deputy President of Consumers Associations of Sabah & Labuan. FT. 7th April, 2008

http://www.parlimen.gov.my/billindex/pdf/Bill-DR-12.pdf

According to the Undang-undang Malaysia Akta 597
Akta Suruhanjaya Hak Asasi Manusia Malaysia 1999
Tatacara jika pelanggaran tidak didedahkan atau didedahkan
Seksyen 13 (2) Jika sesuatu siasatan yang dijalankan oleh Suruhanjaya di bawah seksyen
12 mendedahkan pelanggaran hak asasi manusia, Suruhanjaya hendaklah mempunyai kuasa
untuk merujuk perkara itu, jika berkenaan, kepada pihak berkuasa atau orang yang berkaitan itu dengan syor yang perlu.
I believe that Suhakam should pursue this outstanding violations to the Courts of Justice as all processes had failed as follows:-

1) After several attempts to procure the desired assistance from the Immigration Department and National Registration Department over the Project IC / Project Mahathir upon investigation by Suhakam and round table conference on 31 July 2006 deemed to be an inquiry for which ID and NRD just ignored the demands of Suhakam to be present as reported in the mass media then, there is obvious a failure of ID and NRD to comply with section 13 (2) and that Suhakam should proceed to file a Writ of Summon to demand compliance, a review of Project IC and also a mandamas to revoke all the violations of the human rights as evident by the issues of genuine identity cards of 1-2 millions against the provision of the Federal Constitution on citizenship.



2) Further to that the two Parliament's Select Committees on National Unity and Integrity had held several public sessions where they heard of the Project IC / Project Mahathir in 2005 and 2006 respectively but todate we have yet to see their reports in Parliament. It is also understood that PSC on Integrity also failed to secure the response from the ID and NRD over Project IC so much so that the Chairman resigned before his term.


3) Also there are seven annual reports of Suhakam yet to be debated in Parliament.



4) In addition, the Suhakam's deputy Chairman had complained that nothing much had been done about the illegal people in Sabah which he referred to the Project IC which had been the pressing issue for a few decades. (DE 6th April, 2008). Many Police Reports had been lodged on this crisis. Calls for Royal Commissions of Inquiry had been ignored.



5) With obvious defiance of NRD and ID to heed Suhakam call for appropriate action, and Immigration Department had violated further human rights when it was revealed in Daily Express of 6th April, 2008 that priests and nuns were deported from Sabah in the USNO era with letters stating that "must leave Sabah because they "are undesirable aliens" according to the Father Henselmans. The Police even cut the rope to the church bells when a boarder raised an alarm over an abduction/ deportation action on a priest. It is known that Immigration Department had issued Malaysian Passports to foreigners also undesirable aliens of unknown numbers as much as 800,000 over the last ten years.



6) We were told of this possibility by the founder Chairman at his inaugural roadshow in Kota Kinabalu in January 2001 at the Pacific Sutera Harbour Hotel.


7) We trust that Suhakam would now consider the appropriate legal action to resolve the Project IC and the land issues once and for all.

Joshua Y. C. Kong,

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From: YCJ KONG, P. O. Box 11923, 88821 Kota Kinabalu, Sabah,Malaysia       


IMPORTANT / URGENT
Human Rights Commission of Malaysia,                                Date:10th April, 2008
Kuala Lumpur & Kota Kinabalu

Elections Commission Malaysia
Putrajaya & Kota Kinabalu

Tuan,
Re:  Further action on Project IC and Free & Fair Elections
It is appropriate for me to remind you of the issues I had brought to your attention since 2002 for Suhakam and 2004 for EC.
2.        I am writing a common letter so that the pressing issues can be dealt with in mutuality.

3.        According to Akta Suruhanjaya Hak Asasi Manusia Malaysia 1999
         (Human Rights Commission of Malaysia Act 1999)
        "Tatacara jika pelanggaran tidak didedahkan atau didedahkan
        Seksyen 13 (2) Jika sesuatu siasatan yang dijalankan oleh Suruhanjaya di bawah seksyen                 12 mendedahkan pelanggaran hak asasi manusia, Suruhanjaya hendaklah mempunyai                 kuasa untuk merujuk perkara itu, jika berkenaan, kepada pihak berkuasa atau orang                         yang berkaitan itu dengan syor yang perlu."  
I believe Suhakam has the power to proceed to the appropriate Courts for appropriate actions deemed desirable and necessary according to the Founder Chairman of Suhakam.

4.        EC Chairman had said that EC has no power to prosecute the offenders.

5.        Since the Electoral Rolls are subject to the performance of National Registration Department, and it is only appropriate that Suhakam go to the Courts now so that only genuine citizens are in the Electoral Rolls for free and fair elections apart from all the human rights violation by National Registation Department and Immigration Department over dubious citizens.

6.        Many people have lodged Police Reports on the Project IC and Suhakam had done much including an 'inquiry'.

7.        Apart from lodging Police Reports, I have also filed a Writ of Summons to the Kota Kinabalu High Courts over the rigged General Election 2004 in two major counts namely corrupted Electoral Rolls in Sabah and Electoral frauds in the nation on 25th February, 2008.  I intend to do a similar one in 2008 on the General Elections 2008 after lodging the Police Report on 8th April, 2008.

8.        It is more appropriate in the public interest that Suhakam would file cases with the High Courts on the Project IC (enough of evidence) and the rigged General Elections 2004 and 2008 with the evidence and documents I have collated. In the event of this legal action, EC would support this move for Free and Fair elections.

9.        Meanwhile, please acknowledge a copy of my Police Report on General Elections 2008 for your attention and action as I had earlier given you copies of Police Reports on GE 2004 lodged on 26 December 2006 and 8th August 2007.

I trust this is in order,

Yours faithfully,


Joshua Y. C. Kong

cc President, Consumers' Association of  Sabah & Labuan (FT)

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We the signatures (individual & NGOs) of this memorandum would request SUHAKAM as established on 9th September 1999 to proceed to comply with the Statute of Akta Suruhanjaya Hak Asasi Manusia Malaysia 1999  (Human Rights Commission of Malaysia Act 1999) namely
        "Tatacara jika pelanggaran tidak didedahkan atau didedahkan Seksyen 13 (2) Jika sesuatu siasatan yang dijalankan oleh Suruhanjaya di bawah seksyen 12 mendedahkan pelanggaran hak asasi manusia, Suruhanjaya hendaklah mempunyai kuasa untuk merujuk perkara itu, jika berkenaan, kepada pihak berkuasa atau orang yang berkaitan itu dengan syor yang perlu."
over the eight items of priority undertaken by SUHAKAM as 1) Detention without trial 2) Administration of Justice 3) Freedom of expression 4) Freedom of Assembly 5)  Freedom of religion 6) Rights of vulnerable groups 7) Law & enforcement 8) Fair & free elections.

        We believe that SUHAKAM had gone a long process of agitation and dialogue since 2000 with its first roadshow in Kota Kinabalu, Sabah in January 2001 where the Founder Chairman said among those Commissioners present SUHAKAM would pursue legal action is considered appropriate.
        It is a great disappointment that SUHAKAM had been treated as toothless paper tiger and a retirement home when seven Annual Reports were not debated in Parliament.

        In the Sabah context vis-a-vis nation, we have identified the key items that SUHAKAM is now rightly to embark on legal action on the three issues namely Project IC, Free & fair election and land issues where evidently all basic human rights as identified have been violated.

        We sincerely believe that these long outstanding issues must be resolved sooner within three months.

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Procedure where infringement is not disclosed or is disclosed
13. (1) Where an inquiry conducted by the Commission under section 12 does not disclose the infringement of human rights, the Commission shall record that finding and shall record that finding and shall forthwith inform the person making the complaint.
(2) Where an inquiry conducted by the Commission under section 12 discloses the infringement of human rights, the Commission shall have the power to refer the matter, where appropriate, to the relevant authority or person with the necessary recommendations.




LAWS OF MALAYSIA
ACT 597

HUMAN RIGHTS COMMISSION OF MALAYSIA ACT 1999
An Act to provide for the establishment of the Human Rights Commission of; to set out the powers and functions of such commission for the protection and promotion of human rights in Malaysia; and to provide for matters connected therewith or incidental thereto.

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JK's Digest No. 7 of April 2008 (280 of 2008)  Who can be the next Prime Minister of Malaysia?
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Anyone who are willing to bear the sacrifice to save the nation from further rot even  worst after  the worst Elections in history in GE 2008.
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We all know it is an end for the road of BN = be end as dominated by UMNO.  I do not want to comment on Ketuanan Melayu and NEP as we know the impact of these syndrome / dilemma on the destiny of Malaysia since 1957/1963.
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Ketuanan Melayu is a very wide net and NEP was supposed to solve a Malay dilemma but that dilemma is now worst off in 2008.
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If the rotten system of 51/45 years is not working, so we need to stop that and who can do that?
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Definitely it is not for UMNO as we have seen after 8th March 2008, all those socalled UMNO leaders are travelling across the South China Sea and the span across Peninsula Malaysia all at the expense of taxpayers and these leaders only get themselves involved with political rhetoric leaving behind their official duties in the toilets for the rottenness is too much to bear.  Instead of meeting the people for answers, the top leaders still chose to consult the rotten leaders mostly involved in corruption who had been wrongly advising the stupid BN = be end leaders.  The top BN leaders were telling the world, BN was to win BIG and BIGGER than GE 2004.  See what happened on 8th March, 2008 when midnight wheeling and dealing took place but failed to find new partners to form two third Government past midnight.
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As it is the Government of the DYMM YDP Agong, the Agong can definitely appoint the next Prime Minister for a new order, new system and new Government away from the players so far.  The Agong has done very well in Terrengganu for the new Menteri Besar.  In Perlis, the Sultan also done well.  
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The present rottenness in Malaysia is mainly due to the rotten system where almost 50% of the people are sidelined for race and religion in socalled NEP and whatever.  No civil servants present or retired ones are capable to revive the country as they are steep into the old system.  Even retired judges are likely hopelessly in the old system if we view the Lingam Video Clip.


The Suhakam Commissioners of retired prominent people are not applying their "teeth" in the Statute and prefer to the toothless tigers.
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The rottenness is mired by the repeated appointments of Prime Ministers under the curse of RAHMAN and the appointments were sort of rotated amongst a few elite families.  The people did not elect our Prime Ministers since 1957/1963. On the way to this latest N = end of acromyn, there had been plenty of drama including fatal ones to cut short the succession formula to match that RAHMA.... N.   A curse or blessing - the impact is obvious.
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So who are likely candidates mentioned for the next Prime Ministers - Tun Mahathir (subject to Royal Commission of Inquiry on abuses of 22 years including EPIC/ Project M/ Project IC), Anwar (a man into likely vendetta when in power - how many defamation suits still in the Courts?), Tengku Razaleigh (the "ghost" of Petronas in Sabah), Najib (all sort of 'good' stories), and anyone from UMNO is a gone case.
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The rottenness needs a new broom like what Khir Toyo did and lost his job on 8th March 2008.
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So I have to offer my service as a sacrifice to be the next Prime Minister to clean up the rotten system already identified by me in thousands of my emails and writings.  My office would be sited in Sabah as Sabah lacks domestic economy.  Putrajayas office would be retained too.  Nothing wrong to rotate the PM's office to Sabah as Sabah Chief Ministers had been rotated since 1994.  This is a new paradigm shift to do justice for Sabah where our wealth had gone away under the miserable federalism.
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So I need a new team to help me in the Federal Government of UNITY when the present one has nothing much to do when BN lost five states and Kuala Lumpur.  BN Federal Government only scheming to block aids to the 5 states Governments where economic activities are about 80% of the nation.  BN's Federal Government is akin to a two wheeler for a four wheels vehicle - going no way but to more doom in Malaysia.  Imagine, I had written at least 4 memorandums to the Government since 2007 with a vision for change and new order.
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In term of potential, I had lodged 23 Police Reports worth a few trillions of Ringgit and a matching rewards would make me the richest man - legally- in the world.  This is most valuable fundamentals for the tough job of Prime Minister of Malaysia in 2008.
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Joshua Kong - LATEST BOOK - "A case of victory - landslide or rigslide" on the Malaysian General Elections 2004
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GOVERNMENT RIGS ELECTIONS ALL TIMES (GREAT)
GOVERNMENTS RAMPANT INTERNAL ELECTIONS FRAUDS (GRIEF)
http://forum3.cari.com.my/viewth ... age%3D1#pid18998994 (The Authority - open to all including visitors)
http://p214.ezboard.com/fmalaysiaforeverfrm2
http://p214.ezboard.com/GOVERNME ... e?topicID=610.topic [Malaysia Forever] for GREAT GRIEF.
http://p214.ezboard.com/Joshua-K ... e?topicID=609.topic (JK for PM)
http://forum4.cari.com.my/viewth ... age%3D1#pid18998942 (local politics - reading level 2)
>>> International Criminal Court migs-mega-icc-group-sabah/ (dead??) http://migs-sabah.blogspot.com/ (active)
http://www.freewebs.com/justknock/migsiccsabah.htm (active)
http://forum.cari.com.my/viewthr ... age%3D1#pid16300759
or http://forum4.cari.com.my/viewth ... &extra=page%3D1
.... for MIGS
>>>>
http://won-borneo.blogspot.com/; (deleted)
http://malaysian-elections-2004.blogspot.com/ .......GREAT
http://www.e-borneo.com/col/jkong/ .... Renaissance
http://groups.yahoo.com/group/P150Gaya/ .... Politics in Sabah etc.

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Dear Suhakam,

As Deputy President of CASH, I had lodged a Police Report on GE 2008 at the
Kota Kinabalu Karamunsing on 8th April 2008 and after more than a week, I do
not know if any further action was done.

Meanwhile CASH and myself as a voter in joint Writ of Summons would file a suit in
the Kota Kinabalu, High Court sometimes next week.

We hope Suhakam, Mafrel and Bersih would initiate similar legal action if not
already done in Kuala Lumpur, as GE 2008 is nationwide.

We just want to make sure that Malaysia with two Courts system but one EC,
that the judgement would be applied nationwide.

You can use the same sworn material of about 90 pages in KL High Courts.

Please consider this promptly.

Thanks,

Joshua Kong

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CASH members are expected to be at the KK High Court.  Thanks  Joshua Kong

Press Release of Consumers' Association of Sabah & Labuan (CASH) and Joshua Y. C. Kong 21st April, 2008


In conjunction with the submission of the Writ of Summons on General Elections 2008, at the High Courts of Kota Kinabalu on 25th April, 2008 at 10 a.m., Consumers' Association of Sabah & Labuan (CASH) and Joshua Y. C. Kong would like to invite the press for a buffet breakfast at the Oriental Cafe of Beverly Hotel, Karamunsing from 7 - 9 a.m. and then for buffet lunch at 12 noon. also at the Oriental Cafe to be followed by a press conference 2 p.m.


CASH would appreciate that this event at the Kota Kinabalu's High Court be publicised so that all those independent candidates of GE 2008 would come and support this activity.


RSVP and thanks for your attention.




Datuk Patrick Sindu 019 8117369; 088234616 (also fax)

Joshua Y. C. Kong 088- 474513 (handphone)




Joshua Y. C. Kong,

Deputy President of CASH.

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Writ of Mandamus is being considered...

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JK's Digest No. 10 of April 2008 (289- of 2008) seek injunction to stop the Parliament
when the GE 2008 had been rigged nationwide, should we as concerned voters and citizens seek the Court to stop the convening of the 12th Parliament when all decisions made would be bad for the nation.
We have already seen how the conflict of the changes in some State Governments vis-s-vis the illegal Federal Government has been perpetrated by the rotten system to the further detriment of all since 8th March 2008.  So that is injustice and where is Keadilan in this context?  PKR only interested to take over power by whatever means and not prepared to go to the Courts to seek justice?
Meanwhile, I will be preparing a Writ of Mandamus against Suhakam - Human Rights of Malaysia Commission for its effort over the several priorities such as :-
Project IC, Land matters, Press & Media Freedom,  Internal Security Act & detention,  Religious freedom, Fair and free elections,  Minority and indigenous rights.
I think slavery per se is another issue to be addressed by Suhakam.
Within the next few days, I will issue a friendly warning to Suhakam to take appropriate action in line with the statutory power under article 13 (2) and then I will go to the Courts with a Writ of Mandamus.  Anyone is welcome to join me in this effort.

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Joshua Kong - LATEST BOOK - "A case of victory - landslide or rigslide" on the Malaysian General Elections 2004
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