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Rulers’ immunity: Restore what Dr M removed PDF Print E-mail
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Monday, 01 December 2008 13:56

Tunku Naquiyuddin is right to say that royal immunity should not cover criminal acts, for which our rulers should be held accountable, but in performing their constitutional duties, they must enjoy immunity from legal proceedings.

By : TUNKU ABDUL AZIZ, New Straits Times

THE Regent of Negri Sembilan, Tunku Naquiyuddin Tuanku Jaafar, shows great moral courage in arguing for the restoration of the rulers' immunity, stripped so unceremoniously by former prime minister Tun Dr Mahathir Mohamad, who had showed a total disregard for the larger interests of the people of this country, and, equally as important, the constitutional role of the rulers in the rule of law, the basis of our national well-being.

Tunku Naquiyuddin is right to say that royal immunity should not cover criminal acts, for which our rulers should be held accountable, but in performing their constitutional duties, they must enjoy immunity from legal proceedings.

It says a great deal about public confidence in their rulers that whenever they find themselves in despair over the antics of politicians, it is to the palace gates they go for constitutional redress. We should never forget that the rulers individually, as well as collectively through the Rulers' Conference, are very much part of the constitutional life of our country.

We should also demand, in the nicest possible way, a return to the original Malaysia Constitution, the unsullied and uncorrupted version that was intended to protect the interests and rights of all Malaysians. This is the least we can expect as part of the government's reform process.

It is about time we brought fairness, justice, equity and decency, and, if I may be so bold as to suggest, sanity back into the governance equation of a society that has lived through a quarter of a century of "Cromwellian" rule by a man who had shown complete and utter disdain for the sanctity of our constitutional rights.

This is a challenge that the government must take up if its promises to reform our institutions are to mean anything at all to the people.
Comments (31)Add Comment
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written by SamSan, December 01, 2008 14:13:26
Daulat Tuanku. Beta mohon ampun and maaf. Rakyat Tuanku sentiasa taat dan setia kepada Tuanku. Rakyat bertedung dibawah payung tuanku, khasnya apabila ditindas dengan tiada berperikemanusiaan oleh Kerajaan UMNO/BN. Rakayat doa agar Tuhan melanjutkan usia tuanku.
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written by ahmadneil, December 01, 2008 14:21:32
After I have seen how those misbehave , I have reservations !I think if it's fine then leave as it is,up grade if necessary.
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written by Steven Tan, December 01, 2008 14:30:24
Dear Brothers and Sisters,

200 percent I DON'T AGREE with the idea that Malaysian Royalty to get back their immunity because most of them and their family 99.99% will MISUSE it in future. Trust me, the father (king) will be the biggest crook and his sons (prince) will be the biggest and unstopable gangsters in town. At that time the PDRM not will close one eye BUT close both of their eyes if any situation involving the royal family and ordinary rakyat like you and me.

TDM has done lot of damages to Malaysian BUT THE ONLY one thing he did correctly was striping the Malaysian Royalty immunity.

Still remember the hockey coach and the golf k.d been assaulted by the Royal Family????

Even in the current situation we the ordinary rakyat couldn't do anything, just imagine if they are above the law...

The only Royal Family that we all can trust is our RPK, besides him I doubt we can trust or benefit anything by granting the immunity to Malaysian Royal family.

Once they have the full power, they won't be using their "head" to think but will be using their "heart" to think and at that point of time, if they want anything belong to you, like it or not, you have to surrender it to them.... I'm sure all of you know what I meant by that.

There are few Malay Movies will show this type of situation, among that "SULTAN MAHMUD MANGKAT DIJULANG" and "ANTARA DUA DARJAT" are the movies and there are many other movies that will give a clearer picture on how this royal family will react when they're fully in control.

So never ever do this mistake by giving them the immunity... It will be like " we dig our own graveyard".... . PR Government P.L.E.A.S.E. DON'T DO THIS MISTAKE !!!!!!!
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written by densemy, December 01, 2008 14:32:57
Surely, if they act within the limitations of the Constitution there would be no room for legal proceedings

There is no place for immunity
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written by The Voter, December 01, 2008 14:41:33
Steven Tan,

You are missing the point!!!

“Tunku Naquiyuddin is right to say that royal immunity should not cover criminal acts, for which our rulers should be held accountable, but in performing their constitutional duties, they must enjoy immunity from legal proceedings.”
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written by mykantree, December 01, 2008 14:52:16
The past antics of some of the royalties is well known. It is only after they have been stripped of their "immunity" that we, ordinary Malaysians, began to see them act more royally and civilly. So it would be another major mistake to reinstitute those immunities that have led them astray in the past.

It may be necessary to take another look at other aspects of the royalty's right and privileges that were taken away by TDM. But our royalties are very high maintenance.In these times and age, while our royalties still do have their roles and duties to play and perform; it would not be unroyal or disloyal to also conduct a review of those rights, and especially privileges, that they are currently entitled to. Their role will be further reinforced if it can be more in tune with the 21st century.

Daulat Tuanku.
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written by JackWang, December 01, 2008 14:56:24
Someone has to show me where in the constitution does it say that the rulers do not enjoy immunity when acting in their official capacity.
Article 183 of the constitution states that
"no action, civil or criminal, shall be instituted against the Yang di-Pertuan Agong or the Ruler of a State in respect of anything done or omitted to be done by him in his personal capacity except with the consent of the Attorney General personally".

Article 181 guarantees the sovereignty, rights, powers and jurisdictions of each Malay Ruler within their respective states. They also cannot be charged in a court of law in their official capacities as a Ruler.

So perhaps someone can enlighten where in our constitutional amendments have caused the rulers to be liable when they are acting in their official capacities. If there are ambiguities, then we need to get that clarified and an amendment should be carried out to make this clear.

Cheers.
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written by FFT, December 01, 2008 15:06:19
Not only restore the constitutional muscle that Mahathir removed, but have Mahathir tried for treason and hung at the gallows.
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written by cahaya, December 01, 2008 15:11:49
It is shocking that so many MT readers (and commentators) mistakenly think that royal immunity means granting immunity from criminal acts. That shows how effective TDM has been in misleading and confusing Malaysians all these years.

Wake up! Royal immunity is not about immunity from criminal acts. The Rulers know and admit that royalty should be held accountable for their crimes. They know they are subject to the same laws as all other Malaysians. And they want to be punished for their misdeeds.

What the Rulers want restored is their immunity from legal proceedings when Rulers perform their constitutional duties as guardians of the Federal Constitution.
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written by temenggong, December 01, 2008 15:16:17
I agree with Tengku Naquiyuddin and Tunku Abdul Aziz.

But first let us see the rulers exercise their discretionary powers meaningfully. They have hardly used their powers to provide a check and balance against excesses. Powers of the rulers so far have been relatively 'unused'. There is a doubt amongst the rakyat that perhaps the rulers agree with the actions of the BN govt.?
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written by Steven Tan, December 01, 2008 15:19:23
Dear The Voter,

Of course that's the way to convince the public. Once they got the "green light" (immunity) then they will show thier actual colour. I know a friend who was working in a palace. According to him many of the palace staffs already tasted the slept from the sultan just for a small mistake... And all this happened when they don't have the immunity, just imagine how will be the situation once they are above the LAW....

The Sultans are one problem but they will be having 7 or 8 wives (of course official 4 wives) these 7 or 8 wives will be having 15 to 20 sons/daughters. All the sons (most of them) together with their bodyguards will be the biggest gangster in town. At that point of time do you dare to question them?????

Of course to get that immunity, it the beginning they will talking and behaving nicely and will be in the low profile... If I'm not mistaken that Tungku been sued in court by Public Bank for his debts so of course he needs the immunity smilies/wink.gif
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written by Steven Tan, December 01, 2008 15:24:02
Dear The Voter,

Correction "SLAP" not slept
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written by Counterpointer, December 01, 2008 15:46:07
If it helps in Pakatan's favour for a quick change of gomen, it's okay with me.

If it also helps to lock up that jail-elusive M.a.mak.thir , even more fine with me.

Immunity must of course be confined to constitutional duties only which M.a.mak.thir had removed primarily for his and UMNO's advantage and the rulers must still be held completely accountable to the law for anything else they do.
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written by Tompios, December 01, 2008 16:38:00
Personally, 100% no for restoring immunity for Royal families. Damage was made by them previously among other citizens. Vote no for restoring immunity to them.
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written by non conformist, December 01, 2008 16:40:36

CAHAYA said,
It is shocking that so many MT readers (and commentators) mistakenly think that royal immunity means granting immunity from criminal acts. That shows how effective TDM has been in misleading and confusing Malaysians all these years.

Wake up! Royal immunity is not about immunity from criminal acts. The Rulers know and admit that royalty should be held accountable for their crimes. They know they are subject to the same laws as all other Malaysians. And they want to be punished for their misdeeds.

What the Rulers want restored is their immunity from legal proceedings when Rulers perform their constitutional duties as guardians of the Federal Constitution.
==========

Cahaya, you are right.
So many commentators just blah blah blah... without understand the issue under consideration.
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written by SocratesI, December 01, 2008 17:14:39

No one should be above the Law. If the Rulers discharged their Constitutional Duties properly as ordained and enshrined in the Constitution, they have nothing to fear. All of us are responsible for our actions, so why not our Rulers ?? They should lead us by example !!

It does not matter whether it is immunity pertaining to criminla acts or not, there should be NO ONE ABOVE THE LAW in a democracy, or whither the Rule of Law ?? I would rather clean up the system and take out all the draconian acts such as the ISA, OSA, PPPA, Illegal Assmebly Act, Seditions Act. etc. which are used to intimidate the Rakyat than to bother with this issue of immunity for the Royalty.

Has the Royalty shown itself to be using their powers that they currently have to balance out the racist UMNO/ Barisan Najis Goons' mis-governance and corruption ?? I don't see it happening. Instead what I saw was the confirmation of a highly suspect candidate for the post of Chief Justice ! The Rulers need to build up more confidence with the RAKYAT before even hoping for immunity ever given to them.

Then again, if the Rulers have the confidence of the RAKYAT, why do they need any immunity anyway ?!!

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written by cheekhiaw, December 01, 2008 18:16:24
Which do you think would have most need for immunity for their actions - the virtuous or the devil?

xxx
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written by cruzeiro, December 01, 2008 18:51:08
I'm sorry Tunku Aziz - but I read the full text of the speech.

I don't recollect him saying that the immunity to be restricted to official duties, which they already have, and was never taken away in the first place.

In the speech, he said,""Thus full immunity from civil and criminal proceedings should be reconsidered so that he (the ruler is on par) with other constitutional monarchs around the world. It is ironic that judges are immune in the performance of their judicial functions but rulers are not.

I wonder if you have been misled, or intend to mislead .....
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written by cruzeiro, December 01, 2008 18:58:45
For those who may doubt the above, you may go to http://www.malaysiakini.com/do...narchy.php
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written by Kotadamansara73, December 01, 2008 19:43:17
Don't agree. Everybody should be equal before the law.
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written by Kotadamansara73, December 01, 2008 19:44:34
When I posted comments about making Malaysia republic, MT admin quickly remove my remarks. IT seems that MT has a long way to go before understanding what free speech is.

Indonesia is already a republic. Why are we lacking in this field.
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written by Msian Idol3, December 01, 2008 20:29:47
One law for everyone. Hei, royalties are well paid & pampered by rakyat's $$. So doing their job right for the rakyat is an enshrined responsibilty and besides why the fear. If fear is the main reason, why the heck we need royalty. Given royaties high office they should not just keep "MUM" for any level of unfairness that is happening to the rakyat. Some people may call it interference & separation of duties -- well, its about time we live in a civilised environment & change plus manage things that matters to daily lives. So for me 100% no immunity as doing what is right should not be a FEAR matter.
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written by cheekhiaw, December 01, 2008 22:18:59
Soon there will be a fatwa on this.

Their Allah did not think it was important enough to put in in his great book but He would soon tell it to that bunch of idiots in skull caps and Motorola phones...

xxx
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written by temenggong, December 01, 2008 23:20:26
http://www.malaysiakini.com/do...narchy.php


cruzeiro, I stand corrected.
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written by Tlau, December 02, 2008 00:10:28
I still have reserves on the request of the prince of NS if you have read an earlier article of what he has said. He meant that the royal should be given full immunity from civil to criminal.

Not unless the 9 monarchy we have, get down to the dirty streets and filthy ro*** to meet the rakyat, to know about the sufferings of the people, listen to the cries of the poverty-stricken citizens, understand the needs of why we are crying in silence, would I say yes to the immunity. Our monarchy is so aloof that some even need the service of the traffic police to clear them the way to some high flying parties and reception.

My constant reading of magazines always reflects our NS prince and his wife in the most expensive branded attire and glamorous lifestyle and if I am not mistaken, they even won the title of best dressed husband and wife.
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written by JohnQ, December 02, 2008 09:24:42
ASK him and the cronies to return our stolen coffer FIRST ! Before they lay facedown 6ft underground!
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written by dassky2000, December 02, 2008 15:27:16
DURING MY ARMY DAYS. THERE IS ONE ROYAL WHO WILL STOP AN AMBULANCE TO CHECK IF THERE IS REALLY AN EMERGENCY SHOULD THE AMBULANCE OVERTAKES THE ROYALS VEHICLE.

THIS ROYAL HAS EVEN GONE TO THE EXTEND OF LIFFTING THE SARONG OF A WOMAN IN LABOUR IN THE AMBULANCE TO CHECK IF WHAT THE DRIVER HAS SAID EARLIER IS TRUE.

SO GIVING BACK WHAT T.D.M. TOOK BACK FROM THE ROYALS MUST BE SERIOUSLY GIVEN A THOROUGH STUDY.
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written by Azril Way, December 02, 2008 20:06:55
“Tunku Naquiyuddin is right to say that royal immunity should not cover criminal acts, for which our rulers should be held accountable, but in performing their constitutional duties, they must enjoy immunity from legal proceedings.”

If what he say is true, i for one will support it.
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written by Mirage, December 02, 2008 22:16:22
Don't forget once given its hard to take back a second time. We have seen that before and if we are not careful in defining the power given,......
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written by Mirage, December 02, 2008 22:20:53
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written by Mirage, December 02, 2008 22:26:34
bbbb
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