18 August 2017

Press statement by MCA Publicity/Spokesman (English/Bahasa Malaysia) cum MCA Religious Harmony Bureau Chairman Dato’ Sri Ti Lian Ker


Upholding the Federal Constitution, MCA opposes any law which are ultra vires the supreme law of the land


PAS must be cautioned to not challenge the bottomline of non-Muslims in the country, as well as to not shake the principle of moderation upheld by the Federal Constitution. Again I emphasise that MCA is firm on our position that any legislation should be bound by the Constitution, instead of contravening it.


Kedah PAS has proposed to include public caning for Syariah offenders as part of their election manifesto. The hardline party has have been trying with all their might to push the implementation of hudud punishments, in attempts at realising a theocratic society which subsequently, will destroy our existing Constitution founded on secular laws.

One country cannot have 2 different sets of criminal law and procedures. It is unconstitutional under the Federal Constitution whereby Kedah PAS’ proposed election manifesto will violate Article 4 on the supremacy of the Federal Constitution which expressly provides that:"4. (1): this Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void."

Kedah PAS’ public lashing intention is also ultra vires Article 75 of the Federal Constitution which clearly states that federal law supersedes state law if there is a conflict between the two.

Public caning as passed by the Kelantan state Legislative Assembly which Kedah PAS intends to emulate has in fact contravened with the 9th Schedule (List II) (Article 95B (1) (a) of the Federal Constitution. The State cannot impose a punishment not permitted or in contravention of the laws passed by Parliament.

Even before the Kelantan state government passed the amendments to the Syariah Criminal Procedure Enactment 2002, which allows the execution of public caning, it is common knowledge, that this move is purely procedural and just the beginning. PAS will never give up on its theocratic agenda.

Besides contravening the Constitution, public caning inflicts permanent emotional scars, not only on the offender but against his family as well owing to guilt by association. As observed in Aceh, Indonesia and other Islamic states which enforce hudud law, public flogging becomes a spectacle where audiences cheer and take photographs or video record, thereby encouraging voyeurism on sadism. Malaysia will be ridiculed by our international counterparts as an uncivilized, barbaric country. With Malaysia celebrating 60 years since our Independence, we need to move forward and not backward.

Dato’ Sri Ti Lian Ker
MCA Publicity / Spokesman (English / Bahasa Malaysia)
MCA Religious Harmony Bureau Chairman


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