Email to Minister Yeo Bin Yee (Climate Change Minister)

Email to MESTEEC- Dated 1st Jan 18

Dear Minister Yeo (Climate Change Minister of Malaysia), 

Refer to the attached (i.e. MSPO Malaysia Sustainable Palm Oil certification guideline), pertaining to Norway decision to ban biofuel from Malaysia and EFTA not recognize MSPO. I'm writing here to request your ministry to assist Ministry of Primary Industry to review, if not co-develop a more appropriate version, as I find the MSPO certification is more toward quality assurance than have anything to do with SUSTAINABILITY. 

Refer to the MSPO clause 8.2, Mass Balance. This clause jeopardize the entire existence of MSPO and shall be removed from the certification criteria, as it is very misleading and very likely  green washing consumer into belief what they brought is from sustainable source. 

The entire MSPO does not mention about land use, environmental impact assessment, social impact (may refer to fairtrade certification), and how to ensure the entire palm oil supply chain from land conversion, seeding, growing, harvest and process of palm oil up to end user, meeting certain criteria that are left minimum impact on environment and society or how does it benefit environment, society and economy in comparison with alternative materials or a stable yardstick. 

Similarly in carbonfootprint calculation, whether it should be cradle-to-grave or cradle-to-cradle approach and may as well include carbon footprint and water footprint calculation to meet minimum the MSPO requirement. This need to study the lifecycle of palm oil and land use. 

Ideally, MSPO should be developed in such a way enable user to compare with others alternative materials to determine which is more environmental friendly. Carbon footprint and water footprint is a good start. Pest management and maintenance (e.g. trimming, fertilizing soil and treatment to cure diseases) should have minimum impact on environment and biodiversity. 

I do not think the current version of MSPO is anything related to SUSTAINABILITY, as in what defined by the United Nation. Therefore, it may be the reason Europea Free Trade Association impose high tariff or ban import of palm oil altogether. 

I would suggest the ministry to get SIRIM involve in the review/development since SIRIM had developed some carbon footprint tools available and may replicate the same process to make one for palm oil. 

Do get feedback from EFTA and look into what are their requirements and how does it match to Malaysia /palm oil producer country economy and technical challenge. We may negotiate to come out with the best mutual benefit solution but should not insist on something (current MSPO) apparently substandard for their approval. We want result and we must take into consideration of client (stakeholders)requirements. 

On the ground, I would suggest MPI people emulate Minister Yeo, to go out and regulate plantation operator and palm oil producer for compliance and work out a feasible solution to achieve sustainability. Do not keep play politics on science, it will only make a fool out of yourself. 

Poisoning wildlife especially elephant is a norm practice in palm oil plantation. Illegal catching and selling of wildlife for extra income also prevalence in the industry. This severely compromised the CITES for animals classified as endanger under IUCN redlist. Malaysia and Indonesia is the worst country in this aspect. There's no biodiversity consciousness in the industry nor the government. Please kindly work with PERHILITAN (Malaysia forestry department) and related NGO to educate all stakeholders involve in the supply chain. 

I would appreciate if you can promptly act on the matter and update me on the status. 

Email to Ministry of Primary Industry-Dated 29th December 2018.

In regards to the EU ban or high tax impose on palm oil import, refer to the link:<https://www.thestar.com.my/business/business-news/2018/12/28/norways-decision-to-ban-palm-oil-biofuels-unfair-and-unjust/>, I would like to suggest your ministry enquire what do Norway and others EU country want from our palm oil import before explain the MSPO (Malaysia Sustainable Palm Oil certification) to them. 

I would suggest Malaysia to review the MSPO certification to ensure meeting the land use and others sustainable practice to EU requirements otherwise invite them to give feedback as to what they are really seeking for? Is palm oil a threat the environment or their local Industry?  Justification must be back by scientific findings that are verifiable. 

If palm oil is not use, what are the alternative? Is the alternative greener? More economical? 

★I never work in the public sector before and have not receive any remuneration from the government. I'm an advocate for sustainable development and nonpartisan.

Suggestions to counter forgery of Malaysia national examination (SPM) and public university certificate (Part 2).

 Open Letter to Ministry of Education, Malaysia.

First of all, I would like to make correction that the word "validation" therein (in my suggestion) should be "verification". 

I notice your Ministry had make checking of SPM result available online which is very progressive. My suggestions are:

 1. make available for thirty party to check SPM result online with IC and SPM certificate series number as passcode. 

2. Result and statistics can publish online in PDF, Microsoft excel or any fix document (unable to edit). 

3. Any changes to the result, for example reseat and appeal, should be published separately. The reason being is when series number is peg with the result and total number of ratings (e.g. A, B, C, F), it is not easy to change or switch, while it give protection to the graduate privacy, in a way that only those have IC number and copy of SPM able to check the result from online. 

4. No name is reveal in the online check thus could not simply check by name. 

5. Any changes to the system should be authorized and recorded, time, date, by who, which computer& etc, to provide traceability.

6. Digital scan all examination paper for record and archive. Prepare an example answer for subjective question and answer for objective question. For future reference when necessary. The archive should be keep separately with the agency for certification. 

Scenario 1- switch result :

Mr. Ali with SPM series no. 123 failed all subject had been switched to Mr. Abu result of 9As SPM cert series No. 321. When Abu apply for a job his employer will notice the discrepancy and notify the Ministry of Education for investigation. 

Scenario 2- change result:

Mr. Ali fails all subject in SPM. He pays Rm500 to change the result to 4As. But the result published in the school only got 40 people got A in English and 5000 people got A in English nationwide, that year, which make the changes not tally with the total amount. Ministry of Education immediately notices the problem. 

Scenario 3- change result and statistics:

A grandmaster of forgery. When Mr. Ali is recruited because of his forged good SPM result but unable to perform. His employer may request Ministry of Education to double check the result thus Education Ministry may open up his examination paper and cross check with the answer sheets. The answer sheet provides an idea of how the marking is done at that time. This is to be fair because the answer applicable to all that time might not be as good now. If found Mr. Ali examination paper is not tally with his result then ministry& his employer may investigate and launch a police report. 

Needless to mention about the negative impacts of forgery of academy qualifications, it kills Malaysia image and very unfair to those who truly deserve a better opportunity for further study and career advancement. 

I hope you see the seriousness in the matter. If I know it only cost Rm500 to change my SPM result, I wouldn't take tuition class that cost me Rm600. I might as well get a UKM degree in Law right after my SPM and start charging a professional fee giving legal advice. Why am I not getting any payment despite sender many advise? Lack of certification? I can not imagine how I would live my life with a fake certificate but surely I won't trust any SPM or public university qualifications from Malaysia anymore until you make good of them problem.

*The blog is solely created and maintained with my own resource. No obligation, any amount of ex-gratia is very much appreciated.

Maybank (Malaysia)account number : 1643 1529 3268 (Tay Kian Guan)

I do not have partner or middlemen or proxy. Please only credit into my bank account. Thank you. 

Forgery of SPM (Sijil Perlajaran Malaysia) and Public University Certificate.

Malaysia Boleh! is now synonymous with the outbreak of syndicate of all sort. It gives the impression that everything in Malaysia is fake! We only have one body and it is irreplaceable, it is precious. So how can we trust it to the local doctor who academy credential is doubtful? 

Life is short, shorter in Malaysia? 

Forgery is not something only happen in Malaysia. When I was working in Singapore, forgery documents is a common news circulating within the construction industry. Induce by the good pay, foreign workers from Malaysia, India, and China bet their luck trying to sneak into the country for Sing Dollars. But what I notice is that Singapore government don't hide it, instead, BCA (Building Construction Authority, Singapore) circulate those incidents and how to identify the fake from the genuine one. 

However, the case in Malaysia is more tricky since it involves internal people. Grandmaster-level type of forgery. thus the forgery might be seamless. The impacts for a few hundred (i.e. RM500 for SPM, RM 1700 for UKM degree Certificate) is dreadful;

1. Severely damage credential of academy qualification from Malaysia.

2. May effects granting scholarship to student graduated with Malaysia qualification. 

3. Unfair for students who study hard and in a way motivate those who did poorly bribe for fake SPM& university certification. 

4. Discounted trustworthiness for graduates from Malaysia.

5. Lack of job opportunity 

My suggestion for the Ministry of Education is to immediately look into the matter, starting from how the examination is marked, verified, certified, published and archive. The ministry should come out with a corrective and preventive measure to ensure perpetrators face justice and no such incident repeat in the future. 

Party concern, such as the employer, higher education institute, creditor, and foreign immigration, may want to have fast and easy access to verify graduate certification and be sure what verification is indeed true. 

 Verification may be granted by a registered entity and further with the consent letters signed by the graduate, in order for the Ministry to release information. This is to protect the private confidentiality of the graduate information. 

In order to prevent any changes after a certificate is given out, national exam such as SPM should be published in PDF and statistic of each school should release. e.g. St. John's Institute for 100 students got A in English, 89 students A in Biology...Any further changes from appeal or review should be published separately. It still will not deter forgery from fabricating from within the ministry but will stop any changes after the certificates are released. I believe the problem lies in the management of the ministry. 

Reference:

https://cilisos.my/how-easy-is-it-to-get-a-fake-degree-in-malaysia-we-tried-to-buy/

What is LGB？

What is LGBT? 

LGBT stand for Lesbian Gay Bi-sexual Trans-gender, some say Q (Queer)too. There are literally unexhausted terms under the umbrella of LGBT. Some of the more popular one are;

- Transvestitute

- Gender Variant

- Cross Dressing

- Androgynous

- Gender Expression

- Drag King/ Queen

- Cisgender

- Dysphoria

- Intersex

- Demi girl/guy

- MTF/ FTM

- Gender Queer

- Gender binary

- Transgender

- Bigender

- Agender

- Trigender

- Two Spirit

- Transexual

- Netrois

- Non Binary

- AAA

A more comprehensive can be found in the link below;

https://sites.google.com/a/atsu.edu/lgbt-dental/definitions-and-terms 

https://www.wearefamilycharleston.org/lgbt-a-z-glossary/ 

Definition of these terms are revolving around four main realms; 

1. Gender Identity 

2. Gender Expression

3. Biological Sex

4. Sexually/Romantically Attraction

The GenderBread Person Version 3.3 defines as below;

Gender is one of those think they understand, but most people don’t. Like inception. Gender isn’t binary. It is not either/ or. In many cases it is both/and. A bit of this, a dash of that. 

Gender Identity: How you in your head define you gender? Based on how much you align (or don’t align) with what you understand to be the options for gender.

Gender Expression: The ways you present gender, through your action, dress, and demeanour, and those presentation is interpreted based on gender norms.

Biological Sex: Physical sex characteristic you’re born with and develop, including genitalia, body shape, voice pitch, body hair, hormone, chromosomes and etc. 

Sexually Attraction: Gender depict you experience find attraction.

Gender of a person may vary and gender identity&expression may be different than his sex at birth . 

(https://www.genderspectrum.org/quick-links/understanding-gender/ )

Do I support LGBTQ? I do not oppose LGBTQ. I support decriminalize LGBT but doesn’t means I encourage it; not promoting straight people to go LGBT. 

Two main reasons attributed to my belief are;

1. My principle that align with democracy where everyone shall enjoy their fundamental rights, as long as, it does not cause any harm to others.

2. Advocate for the voiceless, persecuted, and marginalized group, especially those victim of ‘hidden crime’, within my capacity, when it is safe for me to do so. 

I belief LGBT is characteristic at birth, meaning natural manifestation. Especially the intersex. Everyone have the right to live according to what their nature dictate, meaning if a person sex and gender is conforming to culture norm then so it be. Likewise, those who found themselves born not within the culture norm (not exactly male or female) also should have the equal right and treated. 

Intersex is born naturally with genital abnormality (not binary). Probably range from 1 to 2000 to 100,000 depending on which spectrum.      

https://www.youthkiawaaz.com/2018/03/intersex-people-wished-everyone-knew/

Of course, transgender may be those underwent sex-change operation plus some cosmetic surgery procedures to make sense to their ultimate desire. If it is out of ze own volition then it may be under the effects of zim born psychological and/or hormonal influence which is no doubt natural, according to God’s will. 

Well, which God? While there are no short of religious belief prohibit or even impose death penalty for being LGBT but it shall not discount that there are also others religious belief that allow for the third gender/homosexuality and those that never mentioning about it at all.  

Everyone belief vary, types and magnitude, and thus everyone’s God too. Therefore religious law shall only be regulated within personal atmosphere. No doubt communal worship/service and certain amount of homogeneity achieved within a religion is good to prevent bloodshed raised out of ego and ignorance. A civilized and matured society would respect others faith and not causing any inconvenience while practice his own. likewise, homosexual may choose to return to be straight and vice versa. 

I’m a straight, heterosexual, meaning I was born male and only interested to have relationship with female (opposite sex). I am unable to comprehend why and how one’s homosexual life is. I neither agree a straight trying to become LGBT nor I would promote LGBT to anyone. But surely, I will never agree anyone to commit non-consensual sex or what terms as ‘rape’, whether on straight or LGBT, which is why I would support the decriminalization of LGBT, is align with my reason no. 2. 

The repercussions of continue criminalize homosexuality, as in majority of the commonwealth country (remaining 36 countries) still do, is as a result of what left by the British Buggery Act 1577, the first Sodomy Civil Law, that was passed during Henry VII era. Most Islamic country enjoying the continuum, probably due to extreme similarity of the Christian’s ecclesiastic where Islamic law copied from.  India have just joined the other 16 commonwealth countries that decriminalized homosexuality. I wrote a letter to The Supreme Court and Justice Indu Malhotra to congratulate on the landmark judgement, dated 6th September 2018.  

Whether we like it or not, human is a territorial animal. Border is drawn on maps and rule differently according to the sovereign state government and people. Each country law on homosexuality differ, depending on the culture but one thing for sure is LGBT have yet to tally with mainstream in any part of the world. Even for the most advanced society like American, LGBT community continue facing difficulties such as; 

1. Being fired for who they are(LGBT).

2. Denied basic public accommodation (e.g. from admission to movie theatre to customize baking cake).

3. Not protected under hate crime/ social discrimination

4. Consensual sex still illegal

5. Deny from donating blood

6. Struggle to obtain parents custody

7. Not accept by major religious denominations, even those straight openly support LGBT is being discriminated.

8. Most of the queer people are not protected by anti-bully initiatives.

9. Sexual health education often don’t include LGBT

10. Seldom provide adequate healthcare because of stigma and discrimination.

11. Hindrances in hospital visitation for non-heterosexual partner that are sick and dying.

Needless to say, the suffering they have to endeavour in developing country is even more severe. Hidden crime, such as rape, physical assault, bully, disowned by family, and society discrimination, just because of being who they are, is rampant and blatantly ignored by authority. Where is the humanity?  

I am not sure the degree of awareness in law and adherence of it in developing country, as it seems to me the culture of ‘cash is king’ is very much prevalence. Privileged LGBT may not face as much persecution as those who are not. Those without ‘background’ may being abused and no where to turn to. No protected by law, neither the police nor general public, as if they are alien from another planet. 

  

Reference:

https://www.wearefamilycharleston.org/lgbt-a-z-glossary/ 

https://www.google.com/amp/s/m.mic.com/articles/amp/92349/11-major-obstacles-to-equality-that-lgbt-americans-still-face-in-2014 

Congratulate MP Fong Kui Lun on the successfully organized Mid-Autum Festival and others issues I previously written to Kuala Lumpur City Council (DBKL) about his Constituency.

My letter to MP Fong Kui Lin of Bukit Bintang (Starhill) Constituency representative, to congratulate the Malaysia day cerebration he organized and some of the issues under his constituency I previously recommended to City Council.

Dear YB Fong Kui Lun, 

I would like congratulate you and your team for successfully organized Malaysia Day and Mid-Autumn Festival at Petaling Street (Chinatown). I'm fortunate to have participated the event today.

I have been living in the area for more than 20 years but this is the first time I encountered meaningful such event. It truly reflects the multiculturalism in Malaysia and the inclusiveness, especially it also showcase cultural dance from East Malaysia. 

Generally, it is colourful and well organized, however, I would like to suggest tradition workshop, such as; making mooncake, wau (Malay kite), making of wayang kulit, Chinese decorative paper cutting and Iban dance short-course, to be included in the program, preferably in the evening around 6pm when temperature is mild. Collaboration with local business related to traditional culture, such as Chinese Medicine, Tai Chi, Lion Dance class, traditional fashion, wedding preparation items, Chinese association, and temples, would be good to promote local business in the area while create awareness about local culture. This also make more sense for the stamp collection ideas you put up in this event. 

The huge LED display on the truck is impressive but causing silhouette when taking photo. Perhaps a simpler stage and projector display for background would be more suitable. Getting local business co-fund the event is possible, if it make business sense for them. Advertise their business on the stamp passbook for example. 

On the other hand, I noticed there are increasing number of foreign immigrants taking up street stalks in Chinatown and selling imitate branded goods. This do not reflect any good image on Malaysia. of course, I’m not suggesting to evict or cause any harm to them, if no illicit activity isfound. I had previously wrote to DBKL to temporary relocate the street stalks, portion by portion, to nearby premises, such as Old Pudu Bus Terminal for makeover. As suggested, all bus operators in Pudu Bus Terminal had moved to TBS to maximise the capacity there and free up the traffic congestion in the city centre but the empty space was given to new tenants instead of hosting Chinatown street’s stalks. Reason being for my suggestion are;

1. Vacate pathway in front of shop lots to make it visible for customer. This is not only a CPTED (Crime Prevention Through Environmental Design) strategy but also revitalize the shop lot business potential.

Grease trap

2. Provide proper waste disposal system and ensure ‘grease trap’ is installed for all food business, both stalks and restaurants. To prevent drainage choke.

3. Provide proper utilities infrastructure, i.e. water and power supply to stalks, in order to ensure no stealing of water and power, as well as, enable authority to monitor their usage through meter.

4. Provide a proper storage area for stalks. Currently they are renting space from shop lots, making shop owner depending on them for income instead of their own business to generate income. Consequently, shop lot’s business deteriorate yet can’t do much on street stalks. 

5. Refer to item no. 4, provide a designated storage for street stalks not only make retrieving and setting up of stalks more efficient but also provide a legal (worry-free) and well managed storage space, allow for any dispute to settle according to proper mediation process. 

6. Refer to item no. 4, a fund should be allocated to help shop owner to makeover their premises or rent out to potential business, preferably more closely reflect Chinatown identity or Malaysia culture. 

7. Renew and regulate tenants business, ensure no illegal business, e.g. fake branded goods.

8. Urban regeneration; where possible make use of empty lots or common areas for community activities such as lion dance class, opera class, Chinese traditional medicine, and traditional bamboo basket workshop. Make it as visible as possible, and encourage next generation to continue cultural practices, at the same time acting as tourist attraction.

9. Thorough pest control during the makeover to minimize possible food hygiene problems.

10. Localized the area and only allow human traffic within the area. Restrict all form of motorized vehicle from entering the area. 

11. Allocate proper parking space for visitor to Chinatown and tourist bus. A multi-storey carpark may be constructed to save space. 

12. Regulate taxi parking and touting. Designate Taxi waiting area, where possible provide customer service counter for tourist including advise on taxi charges. Overcharge is decades problem in Chinatown. 

13. Where possible, makeover may utilise multi-storey street stalks, e.g. Hua Hin Plearnwan Eco Vintage Village (refer to photo attached). 

14. Mass clean up and regulate the Market(Pasar) to ensure meeting minimum hygiene and food safety level. 

15. Refer to Item No.14, I suggest a proper solid waste management and organic waste compost program. Compost organic waste produce fertilizer, generate income while reduce burden on municipal solid waste management. 

Apart from revitalize Chinatown and restore back its identity. I would like to take the opportunity here feedback to you my suggestion to City Mayor, Datuk Seri Amin, about installation of mini-hydro at Klang River. My original intention was to supply renewable energy to the electrical vehicle sharing program (COSMO), but since the program is failed, the renewable energy generated by mini-hydro(refer to photo attached) could be use to power street lighting and provide free energy for public to EV(Electrical Vehicle), charge phone or electrical bike.  Because EV or any electronics is not green if it is still consuming power supply by fossil fuel source. On top of that, I also suggested Urban farming, river aquaponics(refer to photo attached), rainwater harvesting system at public area (bus terminal nearby Mydin) and toilet, install drinking water at bus station and others crowded area(to reduce plastic bottled-water waste). There are many others issues urgent to be resolve such as increasing of city homelessness, child being used in begging, and illegal construction& 85% budget hotel operating without license and not comply to UBBL (uniform building by-law) in Kuala Lumpur.

River mini-hydro turbine

The above is merely my suggestion, for your kind consideration. I’m glad that you had initiated such a meaningful program (Malaysia day celebration) that make my day. 

*The blog is solely created and maintaining by my own resource. No obligation, any amount of ex-gratia is very much appreciated.

Maybank (Malaysia)account number : 1643 1529 3268 (Tay Kian Guan)

I do not have partner or middlemen or proxy. Please only credit into my bank account. Thank you.

This time around, I try my luck on Politician, MP Fong Kui Lun, Bukit Bintang Constituency Representative. The letter is as below;

Refer to the link below, 

http://ecosymbiont.blogspot.com/2018/08/open-letter-to-dbkl-report-infant-use.html?m=1

https://drive.google.com/file/d/1xD14GQBrMgpEpbdnlBaHxV-OU8z7Jl48/view?usp=drivesdk 

I would like to bring to your attention that using infant or young children in begging is breaking Act 611 clause 32, anyone found guilty is punishable under the Act. Unfortunately, the lacking of law enforcement on the matter is as evidenced by the rampant outspread of begging around the city, from Petaling Street to Bukit Bintang. 

I’ve earlier on complaint to DBKL and they responded to the particular cases I reported, however the matter should not on individual case basis, as it is widespread throughout the city. Refer to the attached photo I caught recently at Plaza Rakyat, dated 14th September 18, 3pm.

My suggestion is to reanimate the shelter program for homelessness in Anjung Singgah and the Homelessness Shelter at Jalan Pahang, whereby DBKL provide the land, private entity such as MRCB sponsor the cost of construction and co-operate by NGO and related government agency. However, unlike homelessness where most are adult. The requirement for infant and young children is different. They are particularly vulnerable to external elements. Thus, I suggested enforcement of the law in tandem with long term, on-going, solutions to curb the problem. 

1. DBKL and related authority to patrol and catch beggar, particularly those that involves children and infant.

2. Infant and young children is sent for body check and DNA test, to ensure any health problem is immediately attend to and whether there is any physical abuse while the DNA test is to ensure the parents is indeed their biological parents.

3. Affected infant and young children should be put under the custody of authority until certain that their parents or guardian is capable provide basic necessity and care to them. 

4. Parents without income may assign on temporary basic economy activity such as waste segregation, clerical works, city conservancy works, gardening works, traffic controller and even as city walking tour guide. City council may provide training for these basic activities while job matching them for a more suitable job. 

5. Refer to No. 4, as long as no physical and mental abuse by the parents, they shall be allow to continue provide care for their children at the shelter. 

6. The shelter shall be maintain by the parents themselves and funded partly by the revenue generated by the temporary economy activity. 

7. City council may join others government agency and business entity to assist parents to return back to society mainstream. 

8. Children reach the age for schooling shall be sent for education as they should.

9. Illegal immigrant found should be detent and deported immediately.

10. Syndicate (whether human trafficking, child beggary, or human organ trade) found should be prosecuted under the law by relevant authority.  

Why I’m writing this to you is because those affected (genuine poor striking parents) are most likely unable to access to, city council (DBKL) and probably even you. Malaysia society is compassionate but this also become the problem by itself as syndicate exploit our generous and compassionate society. I notice there are people from as far as Kelantan and Terengganu come to Kuala Lumpur to act as beggar during Ramadan and major festival. They could fetch up to RM450/day, that is more better than Kuala Lumpur median income. 

I also wish to bring to your attention that in country like Singapore, MP (Member of Parliament) dedicate their time to meet people at least once a week, MP including those Minister and PM. Anyone is welcome to meet and voice up grievances to the MP. Whereas in Malaysia, we only see our MP during election month. Refer to the attached.

I’m looking forward your reply and please feel free to contact me at 011 2731 7552. 

*The blog is solely created and maintaining with my own resource. No obligation, any amount of ex-gratia is very much appreciated.

Maybank (Malaysia)account number : 1643 1529 3268 (Tay Kian Guan)

I do not have partner or middlemen or proxy. Please only credit into my bank account. Thank you.

My Email to Supreme Court Council of India and Justice Indu Malhotra, to congratulate the victory against the buggery law, section 377. 

I would like to congratulate India on the victory against Buggery Law (Section 377), on 6th September 2018, and enshrining Article 15 of the India Constitution, thereby safeguard the fundamental rights of autonomy, intimacy and identity, thus legalising homosexuality in India. This is especially meaningful to the 2.5 million, or more, minority LGBTQ groups in the country. 

The date 6th September 2018 will be remembered and celebrated, as humanity claimed another milestone in the land of 1.3 billion, after more than 150 years of tussle in the dark against the ecclesiastic law. The move not only become an exemplary for others 36 commonwealth countries that have yet to crawl out from the fog of injustice (outlaw homosexuality) but also a huge step forward the United Nation Sustainable Development Goals (SDG) number 5 (Gender Equality) and 16 (Peace and Justice). India have every reason to stand proud, for LGBTQ may no longer need to hide under the closet that they are recognised as equal human being, part of the society enjoying equal rights and protection as of others.   

I hope the verdict laid down on 6th September 2018 is final and irreversible. Gloomy history shows the Supreme Court had previously vacillating between the Government and 2009 Delhi High Court decision on Naz foundation Vs Government of NCT of Delhi. Judicial must be firm when matter on the ground is solid and backup by Constitution. With light shed on the LGBTQ, both government and private sector shall respect the verdict and give equal treatment to all. Nonetheless, I would like to highlight that there might have a surge of HIV/AIDS, rape case, bully and others discrimination cases, in the coming few years after the 6th September verdict, not as an effects of it but as a result of the previously persecuted group (LGBTQ) started to emerge from closet at once and make justice works as it should. Therefore, I hope India Supreme Court Council not to backtrack on the milestone achieved. There would have political turmoil on the matter, as happened on 23rd and 28th February 2012 where central government reverse it stance on opposing homosexuality only within few days, and on 18th December 2015, Sashi Tharoor from Indian National Congress defeated 71-24 to repeal section 377. There might have unfavourable statistics on crime rate but that is just like how our body immune system have fever when combating with infection, an analogy human body temperature increase resolve infections. 

Needless to say, homosexuality is not equate to non-consensual sex or what defined as ‘rape’, but government should take proactive measures to raise awareness on the matter, as well as, safe sex education, otherwise, misconstrued will left negative impacts and may jeopardize the noble intention of 6th September 2018 verdict. 

I once again congratulate you, India Supreme Court Council and the people of India, and wish India have a prosperous and blissful endeavour in developing the country.   

*The blog is solely created and maintaining with my own resource. No obligation, any amount of ex-gratia is very much appreciated.

Maybank (Malaysia)account number : 1643 1529 3268 (Tay Kian Guan)

I do not have partner or middlemen or proxy. Please only credit into my bank account. Thank you. 

Complaint the lack of professional ethics among legal practitioners; in regard to unresolve ambiguity in Constitution article 160, 161(7), 153 and the Cobbold Commision.

My email to Bar Council of Malaysia

Refer to the link;

http://ecosymbiont.blogspot.com/2018/08/ambiguity-of-definition-between-federal_6.html?m=1

And

http://ecosymbiont.blogspot.com/2018/09/stop-racist-policy-to-stop-racial.html?m=1

I've written to AG Chamber of Malaysia pertaining to the ambiguity of Malaysia Federal Constitution in defining the race ‘Malay’. So far there is no reply from the chamber and no any legal practitioner is clearing the muddy water that is plaguing the nation for more than half a century.

Firstly, it is the ambiguity of defining Malay under Article 160, whereby ‘Malay’ is defined as a race who habitually speak Malay language, practice Malay custom and profess in the religion of Islam. Literally, it is a race defined based on social construct rather than phenotype. This allow person of non-Malay ethnic decent to be converted into Malay, as long as fulfil the criteria stated in Article 160. Then there is Article 161, which added as a result of Cobbold Commission Report. Under Article 161 (7), ethnic group ‘Malay’ is included as one of Sarawak indigenous that mean to share the same privileges as the Malay defined under Article 153, along with other indigenous group from Sarawak and Sabah.

Therefore, the immediate question of which whether the ‘Malay’ listed in Article 161 (7) and Sarawak Ordinance is the same as the Malay under Article 160? Because the ‘Malay’ under Article 161(7) is defined by phenotype and regulated at the discretion of Sarawak state government.

Should a Malay from East Malaysia had not meet the criteria spelled out in Article 160, such as; left Islam, do not speak Malay language or adopted Arabian culture,  still eligible to enjoy the special privileges under Article 161(7)?

There is no clear boundary define the indigenous group for the state of Sabah, as what intended in the Cobbold Commission is not reflected in the Constitution, which contradict to the very basis of North Borneo (Sabah) to join Malaya to form the Federation of Malaysia. The ramification of such ambiguity is lethal to the economy and sovereignty of the state, as evidence by displacement of local population and influx of Muslim Indonesian from 5.5% in 1960 to 21.3% in 1990. There severely putting the social fabric and economy mobility of the local in jeopardy. I’m not sure whether the incident is political motivated or simply laxity in enforcement but granted citizenship amounting to millions is indiscriminately is certainly an act of diluting the country sovereignty.

If Article 161 is added to the Constitution only as a result of Cobbold Commission to tally the special privileges enjoyed by the Malay in Malaya (West Malaysia) as one of the agreement forming the Federation, then shall Article 153 to be construe as special privileges exclusive for the Malay? If so, the Affirmative Policy, namely the NEP (New Economy Policy) and the thereafter evolutions (e.g. New Development Policy and New Economy Model) created after the May13 event is literally coincide with Islam’s Quran Chapter 9 verse 29; Fight those who do not believe in Allah or in the Last Day and who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth from those who were given the Scripture - [fight] until they give the jizyah willingly while they are humbled.

If truly so, how secular Malaysia as a country is? What is the basis of ostracize non-Muslim and deprive the right for equal access to job opportunity, business opportunity, education opportunity and economy deprivation, given the facts that all Malaysian speak Malay and sharing the same custom only criteria that prevent us from becoming the same race, Malay, is profess in Islam.

How could a country based on something so fluid, religion, as a criteria to define a race and use race as basis to disproportionately distribute national wealth? Isn’t is outright racist, a living ‘grand apartheid’ in modern era.

If the purpose of the special privileges to reduce the poverty gap between race then why isn’t indigenous in East Malaysia don’t see the result? And wouldn’t helping the poor regardless of race is a better option? The racist policy obviously draw racial harmony further apart.

I do not see the logic of how a Chinese or Indian would be happy knowing part of his hard earn money is use to pay for his Malay neighbour’s house 6% discount. Developer as profit-driven business (no charity) would certainly factored in the bumiputera discount into the non-Malay and probably even the expected loss from the compulsory 10% bumi-lot reserve. The absurdity continue to all segment of life from vernacular education to higher education, business license to public project and business loan, investment scheme to public sector job recruitment. As you may know, non-Malay also human being with emotion thus retaliation of some sort is inevitable. e.g. preference of private sector recruitment and business partnering. None of which make any sense to make racial harmony, don’t even think of dissolve the discontent between races.

What window-dressing by the politician, such as; racial harmony advertisement, awareness program and even created a ministry, only for their own political mileage without any positive effects in reality. May I stress out that we are living in real life. Malay are not born retarded or handicap. Malay have the equal potential and capability as any ethnic and there is no need to drag the whole country backward just to pleased certain group. The politician need vote but I belief Malaysia is not that weak to play race politics to win. Consensus must be made across all political party and alliances to stop playing race politics for the sake of the country and people, for real. Otherwise, judicial shall kick in to play its role, like how India decriminalize carnal sex (sodomy law), after all, Malaysia is suppose to follow the Westminster’s separation of power system. 

May I request Bar Council, and those legal practitioners who have conscience, to reinstate the sanity of the country.

Regards,

Tay Kian Guan

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