High Court orders 7 to enter defence for disrespecting national anthem
The seven members of Sarawak for Sarawakians who were acquitted by the magistrates’ court earlier. (SAS pic)
PETALING JAYA: The Kuching High Court has ordered seven people, who were previously acquitted for refusing to stand when the national anthem was played during an event, to enter their defence on Oct 28.
The ruling came after the High Court allowed the appeal of the prosecution against their acquittal by the magistrates’ court, according to Borneo Post.
Judge Zaleha Rose Pandin held that the prosecution had successfully established a prima facie case against the seven.
On Dec 2 2020, the magistrates’ court acquitted and discharged the seven Sarawak for Sarawakians (S4S) members, aged 33 to 64, after finding that the prosecution had failed to prove a prima facie case.
The S4S members were represented by Arthur Lee while deputy public prosecutor Nurfadzlin Mahmad Zulhasnan prosecuted.
Lee told reporters later the music played from a YouTube video at the private event was not clear and might not be the national anthem.
“It was not played properly and my clients were in a situation where there was no legal obligation for them to stand up,” he said.
“It is not a question of the penalty or fine. It is a matter of my clients’ principles and legal rights.”
The seven – Alex Leong, Kon Tai Keong, Bong Sak Sin, Andrew Chong, Tan Kok Chiang, Pui Ping Ping and Phang Ngin Pen – had pleaded not guilty on Oct 11, 2019 to disrespecting the national anthem.
They were charged under Section 8(3) of the National Anthem Act 1968 and Section 34 of the Penal Code, under which those convicted can be fined RM100 or jailed not more than a month.
PETALING JAYA: The Kuching High Court has ordered seven people, who were previously acquitted for refusing to stand when the national anthem was played during an event, to enter their defence on Oct 28.
The ruling came after the High Court allowed the appeal of the prosecution against their acquittal by the magistrates’ court, according to Borneo Post.
Judge Zaleha Rose Pandin held that the prosecution had successfully established a prima facie case against the seven.
On Dec 2 2020, the magistrates’ court acquitted and discharged the seven Sarawak for Sarawakians (S4S) members, aged 33 to 64, after finding that the prosecution had failed to prove a prima facie case.
The S4S members were represented by Arthur Lee while deputy public prosecutor Nurfadzlin Mahmad Zulhasnan prosecuted.
Lee told reporters later the music played from a YouTube video at the private event was not clear and might not be the national anthem.
“It was not played properly and my clients were in a situation where there was no legal obligation for them to stand up,” he said.
“It is not a question of the penalty or fine. It is a matter of my clients’ principles and legal rights.”
The seven – Alex Leong, Kon Tai Keong, Bong Sak Sin, Andrew Chong, Tan Kok Chiang, Pui Ping Ping and Phang Ngin Pen – had pleaded not guilty on Oct 11, 2019 to disrespecting the national anthem.
They were charged under Section 8(3) of the National Anthem Act 1968 and Section 34 of the Penal Code, under which those convicted can be fined RM100 or jailed not more than a month.
***
kt notes:
I don't believe it's wise to prosecute (and punish) citizens for such impropriety.
Patriotism is like culture - the authorities cannot legislate for or against it. Such feelings-emotions come from (grow) within, just like the love of our non-Malay ladies in wearing sarong kebaya with pride and our eating of nasi lemak with joy.
Harsh enforcement may develop harsh reactions.
I agree. Hongkongers cannot be forced to be patriotic.
ReplyDeleteQUOTE
Hong Kong legislators pass 'patriotic' oath law
Reuters
HONG KONG, May 12 (Reuters) - A new law that tightens patriotic loyalty tests for Hong Kong politicians will take effect later this month after being passed by the city's legislature on Wednesday, local media reported.
The law is widely expected to further stifle democratic opposition in the global financial hub, extending oath-taking requirements to community level district councils that are dominated by pro-democracy politicians following a landslide win in November 2019. read more
Publicly-funded broadcaster RTHK reported that more than 20 district councillors have resigned in recent months, some because they were not willing to take the oath and others after being detained under a sweeping national security law imposed on the city by China's parliament last June.
The new law allows the city's Secretary for Justice to launch action against a politician or official who is deemed to have violated an oath under a "negative list" that proscribes a broad range of unpatriotic acts, from insulting the flag to endangering national security.
UNQUOTE
Let the court system handle it impartially and independently, whether the were guilty of criminal acts.
ReplyDeleteI have no sympathy for these people, at the very least lacking in judgement and basic decorum.