Bar Council’s Comment On New Clauses Of Rape Is Chauvinistic

Thursday, 22-06-2006

Press statement by YB Teresa Kok, MP for Seputeh, Secretary of DAP Women and Member of the Parliament Select Committee on Penal Code and Criminal Procedure Code on 22nd June 2006, Kuala Lumpur

Image Hosted by ImageShack.us

I am disappointed with the comment by the Bar Council on the proposed new clauses that define aggravated rape to the proposed amendments bill on Penal Code and Criminal Procedure Code.

The Bar Council has criticised and objected to the proposed new paragraphs (f) and (g) recommended to be incorporated into section 375(2) as well as to the proposed new section 375A of the Penal Code in the proposed bill (more…)

Bar Council Vs Rights Groups Over Rape

Image Hosted by ImageShack.us Image Hosted by ImageShack.us
Image Hosted by ImageShack.us Free Image Hosting at www.ImageShack.us

by Beh Lih Yi and Ng Eng Kiat
Jun 21, 06 7:07pm
http://www.malaysiakini.com/print.php?id=52835
Malaysiakini

The Bar Council has objected to a proposed amendment that would see rape by persons in a position of authority being treated as an offence, saying women could easily abuse the provisions should a relationship turn sour.

The council is against the introduction of this offence because it is redundant and since existing law already defines rape as sexual intercourse against the will of the woman.

It is further of the view that other proposed revisions to the Penal Code are not clear enough in relation in defining the circumstances of rape.

Criminal law sub-committee chairperson V Sithambaram (left) said this could be easily abused by women when a relationship or marriage turns sour.

“This proposed amendment is obviously designed to appease women’s rights groups (who have been) insistent on such an amendment. Amendments are easy to make but the repercussions must be considered and innocent men may be easily accused of rape,” he said (more…)

Lawyers object “rape even with consent” definition for adults (The Sun)

by Pauline Puah, sun2surf.

The Malaysian Bar Council objects to the proposed Penal Code (PC) amendment that a male superior can be charged with rape even with the victim’s consent.

“The definition of rape will lead to innocent men being easily accused of rape,” said the Bar’s criminal law sub-committee chairman V.Sithambaram.

In a parliamentary roundtable on the Criminal Procedure Code (CPC) and PC organised by the DAP today (June 21, 2006), Sithambaram said the proposed amendment was obviously designed to appease women rights groups demanding such an amendment. (more…)

Surprising Debate For My Emergency Motion On Polluted Water

Tuesday, 18-04-2006

On Sunday the press carried a report on water cut on 15th April that affected 2 million people. I was asked by Ronnie Liu to move an emergency motion on this issue, so that I can take the opportunity to raise the problem of the proposed incinerator in Semenyih.

I followed his advice and I submitted an emergency motion under 18(1) of Standing Order to the speaker yesterday. I was very surprised that the speaker approved my application and let my motion to be debated today at 4.30pm. I thought this motion will only be allowed to be read out but it will be rejected for debate under the excuse of “it doesn’t need to speed up”. So, I was caught by surprise and have to start doing reading and sought help from journalists in Parliament for pointers and materials for my speech. Thank God that the journalists have been very kind to me by forwarding some related reports for me.

I only started to work on my speech at 3pm as I was busy attending the dialogue with ex-Royal Commissioners of Police whom the human rights caucus invited to meet with MPs during lunch time. I managed finish writing my two pages speech and rushed to the Dewan Rakyat at 4.27pm, and started to deliver my speech at 4.30pm.

My speech is as follow:

Ucapan YB Teresa Kok Dalam Perbahasan Usul Tergempar Mengenai Pencemaran Sungai Semenyih Oleh Ammonia Yang Melibatkan 2 Juta Penduduk Di Kawasan Lembah Klang Pada 18 April 2006

Terlebih dahulu saya ingin berterima kasih kepada Speaker Dewan Rakyat kerana memberi kebenaran bagi usul tergempar yang berkenaan dengan pencemaran air busuk ammonia di Sungai Semenyih yang telah menyebabkan loji rawatan air di Semenyih terpaksa ditutup lebih daripada 12 jam pada 15 April dibuka untuk dibahas, kerana lebih kurang 2 juta penduduk di 239 kawasan telah menghadapi masalah pemotongan air, ini termasuk penduduk di Semenyih, Putrajaya, Cyberjaya, Bangi, Salak Tinggi, Tampoi, USJ, Pulau Meranti, Seri Kembangan, Petaling, Sepang dan KLIA.

(more…)

Chinese victims living in fear

Thursday, 24-11-2005

Many papers, especially Chinese dailies in Malaysia have highlighted the press conference of the Human Rights Caucus in Parliament on Wednesday.

Nazri was very happy with the coverage.

Then, again, I received calls from the media in China on the harassment of police.

Local press asked whether I will bring the girls to lodge another police report as the CPO of Selangor asked them to do so as reported in Sin Chew Jit Poh. The girls are so worried and scared now. They are under so much pressures till they are thinking to leave this country or shift to somewhere else to avoid the police. (more…)

China Nationals Sue Police For Illegal Detention

Tuesday, 15-11-2005

The publicity given by the media to the Chinese national woman who was detained by police during Hari Raya period has encouraged other women from China who were detained in the same cell to come forward to tell their stories.

I managed to convince the three of them to come forward to tell their stories. Many members of public were shocked to read that the Chinese nationals who were detained were asked to strip naked before they entered the police lock-up.

Four of the women lodged a formal police report at PJ Police Station on Sunday (Nov 13) afternoon. They spent about 5 hours in the police station for the police to take their individual statement.

Ever since the press carried the story of Yu Xuezhen who has been detained unlawfully by police, I have been asked by the media what’s their next course of action. Today, I called a press conference together with three of the Chinese nationals who were also detained in PJ Police Station.

Their counsel Mr Sankara Nair, who was present at the press conference, said that their detention was unlawful, as they have not been brought to the magistrate to be remanded during that period and this was against the Criminal Procedure Code. Furthermore, the standing orders of the police force never required a woman detainee to strip before a police officer.

He was very unhappy that police continued to detain them even when their husbands brought copies of their marriage certificates to the police station.

He then said that he will act for the three Chinese national to take legal action against Malaysian government and police force for unlawful detention of his clients.

The joint police report lodged by the four is as follow:

LAPORAN POLIS
Nama: Yu Xuezhen
Jantina: Perempuan
Tarikh Lahir: 27 November 1970
Status Perkahwinan: Berkahwin (dengan lelaki Malaysia)
Nombor passport Negeri China: G07800120
Alamat: XXX

Nama: Gu Xiuhua
Jantina: Perempuan
Status Perkahwinan: Berkahwin
Nombor Passport Negeri China: G13316999
Alamat: XXX

Nama: Wu Xiaohua
Jantina: Perempuan
Status Perkahwinan: Berkahwin
Nombor Passport Negeri China: G07799616
Alamat: XXXX

Nama: Liu Jing
Jantina: Perempuan
Tarikh Lahir: 25 Julai 1971
Status Perkahwinan: Berkahwin
Alamat:XXX

Kami ditahan oleh polis bersama dengan perempuan lain dari China pada 3 November 2005 (Khamis), lebih kurang 11 malam berdekatan dengan Sungai Buloh. Pada waktu itu, kami berada dalam kereta dan polis tengah menjalankan pemeriksaan terhadap semua kereta yang melalui jalan berkenaan.

Polis menahan kami dengan dakwaan bahawa passport kami adalah palsu. Kami kemudian dihantar ke Balai Polis Sungai Buloh. Pada lebih kurang 6 pagi pada 4 November 2005, kami dihantar ke Balai Polis Petaling Jaya dan kami dikurung di lokap balai ini.

(more…)

Police made me strip, says Chinese national

Saturday, 12-11-2005

http://www.thestar.com.my/news/story.asp?file=/2005/11/12/nation/12576609&sec=nation

Saturday November 12, 2005
Police made me strip, says Chinese national
BY PARVEEN GILL

PETALING JAYA: A 35-year-old housewife claimed she was forced to strip at a police station in Sungai Buloh, and that several policemen and policewomen there had also taken her money.

This alleged incident and a complaint by a remisier that an investigating officer at the district police headquarters here had asked for a bribe surfaced barely a week after all police contingents were supplied with button badges against graft.

(more…)

Wrongful Detention of women from China

I called a press conference yesterday to highlight the plight of a woman from China, Yu Xuezhen who is legally married to a Malaysian.

On Thursday (Nov 3) night, at or about 11pm, she and her mate, a Chinese citizen holding a passport from China, were arrested by police near Kepong/Sungai Buloh.

The police officers saw them holding Chinese passport and hinted them to pay bribe. Yu and her friend thought that since they were holding genuine China passport, they need not pay bribe. They, five other Chinese women and two Indonesian women, were arrested and brought to the Sungai Buloh police station. They were transferred to the PJ police station at around 6am. (more…)

UMNO MPs Spoke Up For Former MAS Air Stewardess

Thursday, 27-10-2005

Today, former MAS air stewardess Beatrice Fernandez who sued the airline for dismissing her because she was pregnant came to Parliament.

I invited her to meet some MPs because MAS is demanding about RM100,000 legal cost from her as she lost her legal battle in the Federal Court.

I then spoke about her case in the debate, and the UMNO MP for Ketereh supported my speech by saying that it is cruel for MAS to sack its staff because they were in pregnancy as it is the will of Allah for us to have children.

She then met Sharir Samad, chairman of BN Back Benchers Club, who asked her to write a letter of appeal to the new CEO of MAS and cc to him.

Beatrice seems happy with her visit in the Parliament as she heard us bringing up her issue in the debates and won sympathy from some UMNO guys outside the chamber.

I hope we can pressure MAS to cease demanding the RM100k legal cost from her. I will continue to pursue the issue again in the debate of other ministries in two weeks’ time

(more…)