DNA of Constitution ‘at risk’

KUALA LUMPUR: The tabling of PAS Private Member’s Bill to amend the Syariah Courts (Criminal Jurisdiction) Act or Act 355 will “change the DNA” of the Federal Constitution, says International Trade and Industry Minister II Datuk Seri Ong Ka Chuan.

“Investor sentiments will change. They will hesitate to continue their investments in our country. Our trade will be affected and all this will be detrimental to our economic fundamentals.

“It will cause rife unemployment and emotions to run high. If we do not manage it well, this could then become a racial issue,” he said after witnessing the signing of several Memoranda of Understanding during the 2nd Investment Promo­tion Conference for Malaysia-China “Two Countries, Twin Parks” conference at Wisma MITI yesterday.

He expressed disappointment that certain media had portrayed MCA, of which Ong is secretary-general, as a party which does not respect Islam because of its firm stance against PAS’ Bill.

Ong said MCA had partnered with Umno, a party made up exclusively of Muslims, and had helped build Malaysia since Independence.

“How can you say we do not respect Islam? We just want to protect the spirit of our Federal Constitution, which had ensured stability and continued economic growth since 1957.

“Why do we want to disrupt it?” he said.

Ong also confirmed that the PAS Bill was raised during a Cabinet meeting on May 20, but it was not an official agenda.

“The Deputy Prime Minister (Datuk Seri Dr Ahmad Zahid Hamid) presided over the meeting that day. He gave us a hypothetical question, asking what are our thoughts will be if a Bill relating to Act 355 was tabled during the parliamentary meeting.

“Everyone disagreed with it. Which was why we were so shocked when it appeared in the Parliament Order Paper the following week,” Ong said of the meeting, which corroborates with the claim by Minister of Science, Innovation and Technology Datuk Seri Madius Tangau.

He added that the actions of Minister of the Prime Minister’s Department Datuk Seri Azalina Othman, who raised the motion for the Bill to be expedited, “did not follow proper protocol”.

“It did not receive the endorsement of the Cabinet or even the Barisan Nasional supreme council,” he added.

The normal protocol for parliamentary decisions, he said, was to have an agreement in the Barisan supreme council before it is brought forward to the Cabinet for official approval.

Ong reiterated that the Federal Constitution drawn up by the country’s forefathers was secular. But it had provisions for the Syariah Court to hear issues relating to Islamic customs and religious matters.

However, he said the “3-6-5 Safeguards” were put in place to ensure that any offence punishable under the Syariah Court is limited to an imprisonment term of not more than three years, whipping of not more than six strokes or a fine of not more than RM5,000.

“By widening the scope of Act 355 by removing the 3-6-5 Safeguards, it will give the Syariah Court the authority to mete out any punishment short of the death penalty,” he added.

Subjecting Malaysians to different legal systems go against the spirit of equality in the eyes of law, which was guaranteed by the Constitution, Ong said.