Tuesday, April 04, 2006

No kissing please, we are Malaysians!

I thought I misread the story ...I thought the story had taken place in some Middle Eastern Muslim country! Is this really Malaysia? I don't really like to see young people kissing and necking in public, but just because I don't like to see it, doesn't mean that people should stop doing it! Moreover, why should public displays of affection be a crime?!

I found this quote from one of the judges most amusing! "So, they should be given freedom to live as they like? The constitution allows all citizens to do that (hugging and kissing) even by the roadside, in public park?"

Tuesday, April 4, 2006

The Sun

PUTRAJAYA: The local government has the power to establish by-laws to prosecute citizens who behave disorderly in public, the Federal Court ruled yesterday.

Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim, together with Federal Court judges Datuk Alauddin Sheriff and Datuk Richard Malanjum, unanimously held that the Datuk Bandar of Kuala Lumpur (DBKL) was correct to charge two students for behaving indecently by hugging and kissing at Kuala Lumpur City Centre Park.

The court ruled that Section 8 (1) of the Park By-Laws, the section invoked by the Datuk Bandar to punish persons caught behaving indecently in public was constitutional.

Following the ruling, two students, Ooi Kean Thong, 24, and Siow Ai Wei, 22, will have to defend themselves against the charge levelled against them at the Kuala Lumpur City Hall Court.

Their case is fixed for mention on June 1. Both had pleaded not guilty to committing the offence at the park at 5.20pm on Aug 2 2003.

If convicted, they could be fined not exceeding RM2,000 or jailed up to a year, or both.

Ahmad Fairuz said the (Federal) court's answer to constitutional question referred to them, whether Section 8 (1) is ultra vires the Local Government Act 1976 and infringed Article 5 (1) of the Federal Constitution (relating to freedom of life) was in the negative.

The two students had challenged the validity of Section 8 (1) contending that the Local Government Act 1976 which is the parent act governing local authorities did not empower the Datuk Bandar to make local by-laws on matters of decency.

They alleged that they were given a summons because they refused to bribe the enforcement officers. In January last year, the two officers pleaded not guilty to corruption charges in the Sessions Court and their case is pending.

Counsel S. Selvam, for the students, submitted yesterday that the Datuk Bandar had failed to consider the fact that Malaysia is a multiracial country and that the act of hugging and kissing is an expression of love which should be encouraged.

"The students should be given freedom to live but there was serious infringement by the Datuk Bandar of the two students' fundamental liberty and constitutional rights," he said.

Ahmad Fairuz said: "So, they should be given freedom to live as they like? The constitution allows all citizens to do that (hugging and kissing) even by the roadside, in public park?

"In England, those acts are acceptable to the people in that country but is kissing and hugging acceptable to Malaysian citizens? Is the act according to the morality of the Asian people?"

Selvam replied that there was nothing wrong with hugging and kissing because it was an act to express their love.

He said the Datuk Bandar had created a law which was prejudicial and caused hardship to both students and this was unfair.

Deputy public prosecutor Manoj Kurup argued that it should be left to the trial judge to decide whether the act of hugging and kissing was a disorderly behaviour.

He said there was no need to have specific words in the act to legislate by-laws for a specific purpose.


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The original story that was published online at Taipei Times in 2003.

Couple charged for affection

A Malaysian couple caught by enforcement officers holding hands in a public park have been charged in court with indecent behavior, local media said yesterday. Ooi Kean Tong, 22, was charged Wednesday for allegedly hugging and kissing his girlfriend Siow Ai Wei, 20, in a Kuala Lumpur park, the New Straits Times reported. Ooi pleaded not guilty. If found guilty, he could face a maximum fine of 2,000 ringgit (US$526) or a year in jail or both. The case provoked a public outcry at the time when the couple said they were only holding hands and alleged that they were issued a summons because they had refused to bribe the officers, who were charged with corruption in January.


6 comments:

  1. That is Melayu rules, not all Malaysian rules. They are totally silly and crazy, they want this country will be like Afghanistan. They dont love people so much dont know how to love their couple but of course they can married 3 at the same time. They think if they do not show off to the public when their romaance each others mean they re good, but in back they doing a lots of bastard thing to women. Silly muslim rules, christian or others people should fight for the right to be free loving or showing love in public. its oonly kiss but not sex. I ever see in exabition when I am in University, the Malay student having sex at Taman Tasik Titiwangsa in the daylight and wearing tudung and baju kurung. Is that mean Islam Hadari? cannot kissing to expressed love but can having sex in public and married many women and if u dont like u can divorce her only sending txt message from phone. Malaysian rules are silly rules in the world.

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  2. Haha, Cuthess, too true! Silly rules, and also I think those judges are ketinggalan zaman .. too old to be making these kind of rulings on how young people should behave. And moreover I don't think the Datuk Bandar has the authority to make those kind of rules to be enforced on the people.

    Maybe for the muslims, it is wrong, but why punish the non-muslims by forcing them to abide by their rules?! Yes, silly, and small-minded.

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  3. I would say that they define kissing - if its a peck on the neck & cheek, or on the lips which lasts 0.000001 second, i guess it should be okay. We should not make rules just for the sake of making rules.

    But sex in public - I suppose its okay right? After all they don't allow kissing only....so when you do it don't kiss.

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  4. I this case, I would rather believe the unsuccessful bribe leads to the charges -- of course the chinese couple will defend sampai mati! There must be hundreds of abortion cases among the youngs every year, shall we focus on something else?

    It's like those police busy setting speed trap everywhere but can't be bodered to patrol some high-crime area. There are so much about Malaysian government/enforcer that we could talk about. Often, laugh about.

    To be honest we all know what happen, even experienced it. Sometime certain incidence are just "monkey show" -- Made-in-Malaysia movie!

    By the way I must have missed this news, which I would deemed impossible -- well done Malaysia(government)'s media!

    *Sensing that I am still living in Boleh-land, I shall end my comment with "MALAYSIA BOLEH!"*

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  5. Desmond, that is interpreting the judgement literally!! Heheh, no kissing, but everything else goes, eh!

    Low, seems like you missed this juicy story! Haha.

    Speed traps are good what, bring income to DBKL, and also some traffic policemen's pockets! That is why more policemen are doing that then other more urgent things. High crime areas? Nah, too difficult to jaga, in case some samseng hantam you!

    And as if that is not enough, strip search people, even 61 yr old ladies, and make other females detainees do the nude squat, and now ta da! .. make the non-muslim policewomen wear the tudung! Wah, such progress in the police department of Malaysia!

    You are right, Malaysia Boleh!

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  6. Malaysia BoLeh!.....Blah.....
    No public kissing but yes public sex......wow! that's means nobody should have a kiss with their couple at the public place but everybody could have sex at public places....emmm imagine that someone makes sex at KLCC for instead....<----yes actually there is some couple already make this "show" actually...not believe me check this sites www.peruenet.com (if i not mistaken, u need torrent client to surf this sites and also need to registered first, i get this sites from my fellow friend, he is Pengarah Pertahanan Awam . sorry if the sites given is wrong)

    Malay Rules! No Public Kiss Yet Yes Public Sex!

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