Ong Ka Chuan: MCA vows to oppose Hadi’s private member’s Bill, doesn’t accept statement that the Bill has nothing to do with hudud

Nanyang Siang Pau, August 11, 2016

Kuala Lumpur, Aug 10 – MCA secretary-general Datuk Seri Ong Ka Chuan reiterated that MCA would not accept the statement that “Hadi’s private member’s Bill is merely intended to expand the sentencing authority of the Shariah Court and has nothing to do with the Kelantan hudud enactment.”

He said MCA president Datuk Seri Liow Tiong Lai had clearly stated MCA’s stand before, of which Abdul Hadi’s bill was a back-door tactic to disguise the implementation of PAS’ hudud enactment in the country.

MCA adhered to its consistence stance in opposing Hadi Awang’s private member’s Bill.

Ong Ka Chuan stressed that our founding fathers built our country in the spirit of the Federal Constitution. The current Shariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) limits the punishments that the Shariah Court may impose, which was to not more than a three-year jail sentence, up to six strokes of the rotan, and a fine not exceeding RM5,000 which makes up the so-called 3-6-5 safeguards.

He pointed out that Article 8(1) provides that all persons are equal before the law and are entitled to its equal protection. The basic foundation of nation-building for different races and beliefs is based upon national unity and harmony. There has to be a fair, equitable, consistent and uniform legislation which caters to enforcement and punishment. The “3-6-5 safeguards” contained this important principle of rule of law.

“If the Act was amended and granted the Shariah Court the jurisdiction for offences other than the death penalty, then there would be another set of legislation which contradicts the civil courts’ jurisdiction and would in turn violate the spirit of the Federal Constitution. Abdul Hadi’s private member’s Bill will abolish these 3-6-5 Safeguards,” he said.

“If the Bill was passed, it would open doors to future legislative amendments that would empower Shariah Courts with jurisdiction over offences beyond the death penalty, administer limb amputation of convicted Muslim criminals, public flogging and many others that were disguised in the implementation of the hudud enactment.”