Lawyers: Doris Jones can’t be stripped of citizenship

Sabahans think that she should remain in the UK and highlight the plight of Sabah and Sarawak in the Federation with the peninsula.

KOTA KINABALU: The legal fraternity in Sabah are unanimous that local freedom fighter Doris Jones @ Doris Yapp Kim Yuon who heads the UK-based Sabah Sarawak Union-United Kingdom (SSU-UK), an NGO behind the Sabah Sarawak Keluar Malaysia (SSKM) Facebook page, cannot be deprived of her citizenship.

“Canceling Jones’s passport only restricts her ability to travel and does not strip her of Malaysian citizenship,” said lawyer Tengku Fuad Ahmad who represents four SSKM volunteers facing sedition charges in Sabah.

Sabahans in general think that she should remain in the UK and continue to highlight the plight of Sabah and Sarawak in the Federation with the peninsula. “I don’t see what useful purpose can be served by her returning and ending up behind bars,” said Daniel John Jambun, the President of the UK-based Borneo’s Plight in Malaysia Foundation (Bopim).

Former Sabah Chief Minister Yong Teck Lee, like other lawyers, echoed Fuad’s stand. “The Malaysian Government cannot deny a citizen the right to return to the country,” he added. “The government cannot deny a citizen the right to his or her passport.”

“Whether the passport holder might be arrested or detained for investigation upon returning to Malaysia is a different matter. A citizen has the right to a passport.”

Yong, who is also Sabah Progressive Party (Sapp) president, said that by denying Jones her passport, the government only looks ridiculous. “It’s a denial of her human rights.”

The former chief minister has been left wondering why the government does not want to give Jones her passport if they wanted her to return, be arrested and face charges for seeking the exit of Sabah and Sarawak from the Federation with the peninsula. “In any case, we can assume that Jones wants to return home to visit her ageing parents and tend to them in their last days.”

Yong believes that Jones has permanent residence in the UK, having been married before to a British citizen, but if she’s not allowed by Putrajaya to return home, “she will become the first Sabahan forced into exile.”

Fuad fears for Jones and thinks that it is better for her to remain in the UK. “The sedition charge against her and the act of canceling her passport, to me, is evidence of persecution, which could assist her in the event that she decides to seek asylum in the UK.”

Fuad warned that if Jones insisted on returning, she will have to contend with a regime that is strongly-motivated against her. “The authorities are determined to prosecute and convict her.”

Source: Free Malaysia Today

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四人煽动案申请移高庭 11月11日裁决是否批准

(本报讯）四名来自斗亚兰青年分别被控分派“沙砂脱离大马”传单而触犯煽动法令。辩方申请移上高庭昤审，高庭择定十一月十一日裁决是否给予批准。

四名被告阿兹利西都（25岁），杰米利古（32岁），依力杰威寒（29岁）及佐瑟哥利斯（30岁）。

他们个别面对控状指他们于今年2月1日早上9点15分在斗亚兰市区斗磨场分别拥有煽动性内容的传单，均触犯煽动法令第4 (2)条文。

此条文下刑罚为最高罚款二千令吉，或坐监18个月，再犯者可被判监高达三年。

四名被告于今年三月十六日否认有罪后，各以二万令吉（其中一万令吉存保）及各一人保释候审，并于上月八日过堂，展延本月十五日再过堂。

四名被告由代表律师东姑阿末法益与陈创龙代为向高庭申请，将案从地庭移上高庭。

东姑阿末法益律师指出，辩方申请移高庭审讯的理由，是要挑战煽动法令是否构成刑事罪行？

此案在地庭审理的话，最后的终极上诉将是上诉庭，如果在高庭审理，最后的终极上诉则是联邦法院，而在联邦法院才能针对编动法令条文，会否倾向刑事罪行，作出明确诠释。

副检察司阿吉兹诺丁则加以反对，要求髙庭勿予批准。他说现阶段控方只在控状中，要指控被告是否拥有内容煽动性的文件而已，其他问题仍未产生。

拿督诺再雅法官聆审后，谕令控方针对此项申请，给予辩方明确立场，双方可在十月廿一日之前入禀书面陈词，她择定十一月十一日作出裁决。

2015/10/02亚洲时报

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Rulling Nov 11 on bid of 4 SKMM activists

KOTA KINABALU, 2 october 2015: The High Court will on Nov 11 deliver its decision on the application by four Sabah Sarawak Keluar Malaysia (SKMM) activists to have their case of having materials calling for Sabah and Sarawak to secede from Malaysia transferred from the Sessions Court to the High Court.

In their application, Azrie Situ, 24, Jemmy Liku, Markus Situ, 32, Erick Jack William, 29, and Joseph Koilis, 29, raised that legal arguments which are going to be raised in their defence are complex in nature and that such complex legal arguments are matters best heard and determined by the High Court.

Their counsel Tengku Ahmad Fuad, who appeared together with counsel Arthur Chin, also told Judge Datuk Nurchaya Arshad that they were challenging the definition of 'seditious tendency'.

The four had, on March 16 this year, pleaded not guilty in the Sessions Court to having pamphlets with seditious content at 9.50am on Feb 1, this year at the weekly Tamu in Tuaran.

Erick is accused of having 91 pieces of the seditious pamphlets, Joseph 13, Azrie five and Jemmy one.

The offence, under Section 4(2) of the Sedition Act, carries a fine of up to RM2,000 or a jail term of up to 18 months, or both, on conviction with the offending publications to be seized and destroyed.

The trial of the activists has been put off in the Sessions Court pending the outcome of their application in the High Court.

In Thursday's proceeding Tengku Ahmad argued that speaking up about Sabah's rights within Malaysia can never be seditious.

"(And) we are challenging the definition of 'seditious tendency'.

"What we are saying is that if you questioned Sabahan's rights openly...that category of speech is incapable of criminalisation under the Sedition Act," said Tengku Ahmad.

The court also ordered the prosecution to give the defence the list of words claimed to be seditious in the document by Oct 7 and ordered both applicants and the prosecution to tender their respective submission on Oct 21.

Deputy Public Prosecutor (DPP) Azreezi Nordin appeared for the prosecution.

Source: Daily Express

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Permohonan 4 aktivis SKMM kes didengar di Mahkamah Tinggi diketahui 11 November

KOTA KINABALU, 2 Oktober 2015: Mahkamah Tinggi akan menyampaikan keputusannya pada 11 November mengenai permohonan oleh empat aktivis Sabah Sarawak Keluar Malaysia (SKMM) agar kes mereka kerana memiliki material yang menggesa Sabah dan Sarawak keluar daripada Malaysia dipindahkan dari Mahkamah Seksyen kepada Mahkamah Tinggi.

Dalam permohonan mereka, Azrie Situ 24,Jemmy Liku Markus Situ 32, Erick Jack William 29, dan Joseph Koilis 29, membangkitkan bahawa penghujahan perundangan yang akan dibangkitkan dalam pembelaan mereka adalah rumit dan penghujahan perundangan yangkompleks rumit adalah perkara yang paling sesuai didengar dan ditentukan oleh Mahkamah Tinggi.

Peguam mereka Tengku Ahmad Fuad, yang tampil bersama peguam Arthur Chin juga memberitahu Hakim Datuk Nurchaya Hj Arshad bahawa mereka mencabar definisi 'kecenderungan menghasut'.

Empat orang itu pada 16 Mac tahun ini mengaku tidak bersalah di Mahkamah Sesyen kerana memiliki risalah yang mengandungi unsur hasutan pada 9.50 pagi 1 Februari tahun ini di Tamu mingguan di Tuaran.

Erick dituduh memiliki 91 keping risalah berbaur hasutan, Joseph 13, Azrie lima dan Jemmy satu.

Kesalahan, di bawah Seksyen 4(2) Akta Hasutan, membawa hukuman denda sehingga RM 2,000 atau penjara sehingga 18 bulan, atau kedua-duanya, jika sabit kesalahan dengan penerbitan yang menghasut akan dirampas dan dimusnahkan.

Perbicaraan aktivis-aktivis itu di Mahkamah Sesyen ditangguhkan sementara menunggu hasil permohonan mereka di Mahkamah Tinggi.

Dalam prosidang Khamis, Tengku Ahmad menghujahkan bahawa bersuara tentang hak-hak Sabah di dalam Malaysia tidak boleh dianggap menghasut.

"(Dan) kami mahu mencabar definisi 'kecenderungan menghasut'.

"Apa yang kami katakan ialah jika kamu mempersoalkan hak-hak Sabah secara terbuka... kategori bersuara itu tidak membawa kepada jenayah di bawah Akta Hasutan," kata Tengku Ahmad.

Mahkamah juga memerintahkan pendakwaan memberikan pembelaan senarai perkataan-perkataan yang didakwa sebagai menghasut dalam dokumen itu pada 7 Oktober dan memerintahkan kedua-dua pemohon dan pendakwaan agar mengemukakan penghujahan masing-masing pada 21 Oktober.

Timbalan Pendakwa Rava (Dpp) Azreezi Nordin tampil untuk pendakwaan.

Source: Daily Express

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Refusing Doris Jones her passport a breach of citizenship rights, lawyers say

KOTA KINABALU, Oct 2 — The alleged refusal of Malaysian authorities to renew Sabah secessionist Doris Jones’ passport is a blatant abuse of power and a violation of her constitutional right to citizenship, lawyers here said.

When contacted, the lawyers said the authorities cannot block the UK-based Jones from getting her Malaysian passport because she is wanted for arrest here as the country’s legal system regards every individual as innocent until proven guilty.

“Authorities have no power to arbitrarily deny Jones her passport simply because she faces charges,” said civil liberties lawyer Tengku Fuad Ahmad.

He added that there are more serious reasons for the Malaysian authorities to deny individuals their access to passports, like if the applicant is deemed a threat to national security or a terrorist under the The Security Offences (Special Measures) Act.

“Even if she was convicted, passports are usually only denied on grounds of security,” he said when contacted by Malay Mail Online.

In a Facebook post on Wednesday, Jones said she received a notification from the Malaysian High Commission in London to collect her passport which she had applied for, only to be told by Immigration attaché Azhar Abdul Hamid later that her pending application has been refused.

She was also told that there was a pending status attached to her passport, under her registered name Doris Yapp Kim Youn, and that she could “try returning later”.

According to Tengku Fuad, without her passport and the fact that she faces arrest upon her return to Malaysia, the best thing for Jones to do now is to seek asylum in the United Kingdom.

“In these circumstances, it is clear that Doris will, if she returns, have to contend with a system that is strongly motivated against her — the authorities are determined to prosecute and convict her,” he said.

The lawyer, who is also the counsel for the four Sabah Sarawak Keluar Malaysia volunteers who were recently charged for sedition, explained, however, that cancelling Jones’s passport only restricts her ability to travel but does not strip her of her Malaysian citizenship.

“The sedition charge and the act of cancelling her passport is to me, evidence of persecution, which could assist Doris Jones in the event that she decides to seek asylum in the UK.

“At this stage, seeking asylum seems the safest course of action for her,” he said, adding that human rights laws in the UK would be favourable to her.

Former chief minister and lawyer Datuk Yong Teck Lee also agreed said that Malaysian authorities cannot deny a citizen the right to his or her passport, nor prevent them from returning to their home country.

“Whether the passport holder might be arrested or detained for investigation upon return to Malaysia or not is another matter. But the citizen has a right to a passport.

“Denying her her passport only makes the Malaysian government look ridiculous. It is denial of her human rights to return to Malaysia,” he said, referring to the International Criminal Police Organisation.

The Sabah Progressive Party (SAPP) president said the Malaysian authorities should allow Jones to renew her passport if they wanted her to return to be arrested.

“It would be safe to assume Jones will be making a trip home eventually to tend to her elderly parents,” he said.

He also said Jones will likely be able to get a permanent residency in the UK due to her past marriage to a British citizen but she will become the first Sabahan being forced into exile by Putrajaya and not allowed home to Sabah.

PKR vice president Darell Leiking also said that Jones should not be deprived of her constitutional right to a passport when she has not been charged for a crime.

“She is, as far as the law is concerned, still innocent until proven guilty. Besides, any attempts by the authorities to secure her arrest should be by proper legal procedure in which the Malaysian police can enforce such arrest warrant by applying with the UK authorities,” he said.

“Until then, her right to a passport renewal is an inherent and constitutional right of a citizen of the federation and is separate from the warrant of arrest. She can take court action to affirm her right of renewal of the passport,” he said.

Jones shot into the spotlight about a year ago after a Facebook page she ran called “Sabah Sarawak Keluar Malaysia” surfaced, criticising government policies and promoting Sabah’s secession.

In February, Sabah police commissioner Datuk Jalaluddin Abdul Rahman announced a warrant of arrest for Jones under her registered name Doris Yapp Kim Young, 45, for sedition.

He also said that local police would seek Interpol’s help to find Jones in the UK but British law does not recognise the crime for which she is wanted in Malaysia, and Malaysians police have conceded they are not able to extradite Jones and can only act against her when she returns to the country.

Jones has repeatedly denied being contacted by Malaysian authorities or Interpol in the UK. 

Source: The Malay Mail Online

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