A ‘dependent’ JAC ?

I was rather disappointed by the news report in Malaysiakini today that the much awaited Judicial Appointment Commission (JAC) will remain very much under the thumb of the prime minsiter, in recommending the appointment and promotion of judges.

Malaysiakini reports:
Under the proposed JAC structure, the prime minister will have final say on candidates recommended by the commission, when he advises the Agong on the appointment of judges..

All this comes despite the fact that the commission is meant to overcome current perceptions of undue influence by the executive in judicial appointments

I thought JAL would be the first step of bringing back a judiciary that is truly free from interference of the executive. Chances are I will be proven wrong since if the PM holds the power to revoke the appointment of any of the commissioner at any time without having to give a reason, then it will be unlikely that any of the commissioner would risk antagonising the PM by rejecting his choice. It would also be futile to do so since the PM can just sack the commissioner that goes against his choice and appoint someone that is more willing to listen.

Looks like we are back to square one.

38 Comments (+add yours?)

  1. klm
    Dec 10, 2008 @ 22:15:04

    This is UMNO and BN sandiwara. Nothing changed but Badawi will earn the title of Bapa Reformasi. Koh Tsu Koon is waiting to bestow this title on him.

    Where is Gerakan in this show? Looks like it is just rubber stamping this thing. How can Gerakan be relevant when it is just a rubber stamp? What happen to the speaking up thing it promised?

    Koh Tsu Koon is just a puppet master lackey.


  2. Justin Choo
    Dec 10, 2008 @ 23:59:40

    Dr Hsu,

    It’s not back to square one. It has never moved!!


  3. monsterball
    Dec 11, 2008 @ 00:27:58

    It an illusion!
    It was meant to con people like Doc!
    WAKE UP!!!


  4. desmond
    Dec 11, 2008 @ 00:45:07

    This is just another exercise in futility that the BN government is so used to. We have about given up hope that this government will actually come out with any real reform to address the root cause of the so many ills that is ailing this country.

    Too many people in power have too much personal interests at stake to effect any real reform.


  5. tun perak
    Dec 11, 2008 @ 01:00:27

    Another bullshite sandiwara from mr. bullshite , sleepy head, talk kolk, empty promises man, what a gutless creature.


  6. Meng
    Dec 11, 2008 @ 01:09:58

    We called badawi sleepy, right, so in his dream he took all malaysian on a dream, dreaming for a change. Round and round we all went on a fantasy and hallucination on the better days to come but back to square one we are in.


  7. romerz
    Dec 11, 2008 @ 02:28:09

    Dr Hsu,

    I am sorry if Jay disappointed with his recent talk. It was not hard-hitting enough in my opinion given the fear of your party leadership to leave the BN. But he had his reasons for being ‘neutral’.

    Nevertheless I did learn a lot from him about the sophistication of UK political strategies which I will now try to impart to the PR if they will listen.

    On this posting about the JAC, I think you should read this article in The Nut Graph.


    Most Malaysians and especially the BN believes we need a strong government along the lines of Hobbesian theory.

    BN will never let go of any instruments of power. We have not evolved that far yet as a nation, sad to say.


  8. Taikohtai
    Dec 11, 2008 @ 08:30:17

    PPP has been served – ISA stays but PPP can shift out and get stuffed, according to PM.
    And what was PPP’s response? Pathetic and gutless statements with tails between the legs!
    And what is Gerakan’s response?
    UMNO’s tactics work everytime, anytime, anywhere and anyhow.
    Sorry Doc, but I think your flame is flickering and you are running out of candle wax/oil fast………..:(


  9. A true Malaysian
    Dec 11, 2008 @ 08:55:35

    To borrow words from RPK, to get rid of issues, you have to get rid of Umno. There is no other option left.

    Perhaps we should insist putting a clause in every contract that we have option to seek justice in foreign courts. Possible? Any lawyer here?


  10. nick
    Dec 11, 2008 @ 09:21:47

    This is exactly the reason why our Nation fail to progress for 50 odd years since we achieve independence. The 4 pillars (viz., Executive, Judiciary, Legislature and the Monarchy) of our government has to be there. The Legislature makes the laws, the Judiciary interprets the laws, the Executive implements the laws, and the Monarchy is the protector and trustee of the Federal Constitution. We need checks and balances. We need accountability and transparency. We should abolish the PPPA and allow for a free press, the fifth pillar of a healthy democracy. But alas with a low IQ flip-flop man at the helm, we never moved as what Justin Choo mentioned above. At least Pak Lah left us a legacy, the epitaph should read “I came, I saw, I moved on”.


  11. Dr Hsu
    Dec 11, 2008 @ 10:58:34

    PPP should just take the gauntlet and leave… So should Gerakan..

    It is a pity that after September 16, the voice inside the party to move out is getting weaker. I am all for Gerakan to move out. The leaders are talking about pushing reform of BN from within. I have been telling them UMNO won’t change. Just see whether these people can succeed pushing for change.

    Both the MCAC and the JAC were watered down version. This is certainly to protect certain interest, given that there are so much of corruption and money politics around.

    I am disappointed, because all this while, I thought that Pak Lah, since he has nothing to lose, would really put in place certain mechansm that will really start the much needed reform.

    What can I say?


  12. klm
    Dec 11, 2008 @ 11:09:42

    Dr Hsu. Can I say, I told you so!

    Koh Tsu Koon for all the grey matters in his head, is a weak leader. He is mister status quo. He is afraid of change.

    It is time you do something else. Maybe join DAP.
    They definitely need talent for the next election.


  13. klm
    Dec 11, 2008 @ 11:25:13

    True Malaysian

    I am not a lawyer but have a little practice drafting business agreement.

    You can always opt for arbitration under the law of another country say UK. You don’t have to use Malaysian Law.

    I was told that is legal.


  14. Justin Choo
    Dec 11, 2008 @ 12:14:04

    Dr Hsu,

    Monsterball and yours sincerely are still waiting to serve you. Your little candle is useless. Change to the latest “what is the name?” the car blinding headlights!!

    Tear out your doc’s overall, and be the superman you are.

    What am I talking about? Alzeimer disease!!


  15. Dr Hsu
    Dec 11, 2008 @ 12:19:50

    romerz, I thought Jay’s talk was informative. even the first part was necessary to make us understand why things are so in politics.

    The audience itself reflects what I have said above that the voice asking Geakan to move out is getting softer.

    Except for Penang members, there are so few from other states even when the HQ informed all the CCs and leaders.

    MAny are of the view that since there is no possibility of an immediate change of government, it is better to stay and push for changes, which I doubt can happen.
    The imminent change of PM is also a factor that many are hoping for a more forceful leadership.

    I see life outside BN, but I am certainly one of the few now.

    Come another election, without reform, all in BN will probably lose big.


  16. A true Malaysian
    Dec 11, 2008 @ 12:35:06


    Thanks for your input.

    Yes, I would think so it is legal to do so. If not, just forget about going ahead with the deal. Perhaps the Bruce Willis case has this clause for his Green Rubber deal.

    Simplest rule to get rid of problem, i.e. ‘get rid the source of the problem’. How to expect the ‘source’ of problem solving the ‘problem’?

    Lingam tape is so apparent, and yet…..Lets see how ‘Battle of KT’ will be.


  17. Dr Hsu
    Dec 11, 2008 @ 12:38:46

    Justin, I am no superman. Even if I quit, I will just fade away and maybe just concentrate on this blog.

    Starting to get a bit pessimistic about the whole thing, in fact, and I am always a optimistic person… Age is catching up.. Sun is setting, and the candle is flickering indeed. Taikohtai is right, this candle is finishing its wax… We need younger people, newer and longer candle with plenty more wax than me. Luckily, I think there are many young Malaysians that can fit the bill.


  18. robertchai48
    Dec 11, 2008 @ 12:51:10

    Dr Hsu,
    It is OK to be in Gerakan. You can be the conscience of Gerakan. What is not right, voice out your opinion . We can still play a role in a better and just Malaysia for our next generation.


  19. wassup
    Dec 11, 2008 @ 12:54:11

    Hey Doc, don’t u wanna talk about all the Penang hillside project approved by your head, Koh Tsu Koon?


  20. A true Malaysian
    Dec 11, 2008 @ 13:02:45

    The strategy of Umno plays effectively within BN component parties. Just look at MCA, Gerakan and PPP, though performed badly in 308 GE, yet, still hanging on in BN.

    Why? Senatorship plays a big part in Umno’s strategy. Never mind I couldn’t win in General Election, I can still be a minister, deputy minister, parliament secretary through ‘back door’ listing, i.e. through Dewan Negara.

    I opined that the political landscape need to overhaul, get rid of senatorship. Once one is not being elected by rakyat in General Election, that’s it, end of story.

    Apart from this senatorship, appointment as director in GLC and government bodies also play a significant part in why these so-called leaders still hang around in BN.

    There are too many carrots and crumbs in BN. How to convince your leaders to pull out of BN? No way. Don’t waste your saliva.


  21. CYC
    Dec 11, 2008 @ 15:10:00


    Gerakan is a gone case like PPP.

    Convey to KTK that i want to challenge him for a debate on his die-hard “change from within” approach which is forever static. Leader must be winner not loser. He failed miserably yet cling onto his position. Ask him if he has forgotten his deep moral education, be it taught in Chinese literature or Buddhism?

    My apology for being overly arrogant. But , i stand by my conviction.


  22. Observer
    Dec 11, 2008 @ 16:28:23

    I think it must be very frustrating not to be able to effect change in the CC eventhough Doc courageously contested and got elected.

    Your election shows that many people in Gerakan has faith in what you believed but sadly speaking, the leadership is lacking in abilities and guts.

    Doc, I agreed with you that you are not suitable to lead Gerakan because of your humanity and is short of the ‘killer instint’. Morally, KTK is a good person but ineffective. He is just a step in front of you only that he dares to enter politics , forget about his promises and changed his earlier beliefs. He vied for position but unable to stand up against the BN tyranny because of his too gentle personality.

    It takes gut and and to be ruthless to lead a party. The consolation is that you tried but it is still not enough. You are not prepared to come out from your comfort zone and venture into a dog eat dog environment.

    Thank you for posting a nice and sincere blog


  23. klm
    Dec 11, 2008 @ 16:48:51

    If our Dr Hsu is a “killer” and ruthless, we will be saying other things about him. I like him as it is.

    I think what we need is a Ghengis Khan to lead Gerekan. Obama is too intellectual.


  24. A true Malaysian
    Dec 11, 2008 @ 18:02:18

    I can feel the frustration among our commentators here, more so for people like Dr. Hsu and others who are also members of BN component parties.

    Malaysia is in a situation where BN politicians spoil the soup and still can go scott free with their whims and fancies because there is no independent body that do check and balance on them. They are the ones who do ‘check’ and ‘balance’, either directly or indirectly.

    On the drawing board, it seems easy to check-mate Umno, which is the source of power, but with complicated self-interests that involved the so-called leaders, the number games become so complex.

    The next best option left for you BN component parties members should do is to resign en mass as members of your ‘beloved’ parties. Dr. Hsu, I think you should take the lead in this, rather than helpless with your frustration.

    In my humble opinion, Dr. Hsu should be involved actively in politics, not on partisan ground, but as an ‘independent’. Being ‘independent politician’, our voice, through you, can be heard more effectively in the Parliament.

    I am sure people like Justin Choo and monsterball are obliged to play their roles. For sure, you are guaranteed to win our votes, and Pakatan Rakyat is willing to give way.


  25. klm
    Dec 11, 2008 @ 20:24:05

    Dear Dr Hsu. Do not be dishearten. There are too many problems to fix in this world. No thanks to our stupid, greedy and corrupt politicians.

    Choose your battle to win. I think you should focus on knowledge and innovation aka education issues. Something can be achieved.

    Education has the greatest impact to the coming generations of children. With all the political problems faced by UMNO and BN, more concessions are possible. Every cloud has it silver lining. Maybe, this is the cloud for education.

    I think your great helmsman and the party will be more willing to use the political capital on education issues.

    Be glad to hear your view.


  26. monsterball
    Dec 11, 2008 @ 20:37:50

    Doc is politely stubborn.
    He is diplomatically nice.
    His real self is lost in the woods…because he plays lousy politics with a lousy party.
    Keep saying it’s Gerakan ideology that inspired him. That’s bullshit….as those ideologies are one and same as DAP..and DAP was there……long before Gerakan was born.
    No…some Malaysian Chinese like Doc…do support race and religion politics…to support BN parties. That’s the real truth. Doc…love to separate races and live like so in Malaysia..as many well educated Malaysian Chinese…can go on…rub shoulders with UMNO and get rich that way.
    Yes…Doc can be such an asset ..out of Gerakan.
    I can be the chauffeur and Justin can hold Doc’s bag…off we go….supporting him all the way…till kingdom come….till Gerakan is buried and gone.


  27. monsterball
    Dec 11, 2008 @ 21:00:27

    His party name is DAP!!
    “Doc’s All Peoples”
    Choose a place ..built a tent..give free medical treatments….and he will be Father Daren to all…loving him so much.
    That’s the Superman …Justin was talking about.


  28. monsterball
    Dec 11, 2008 @ 21:06:38

    Then Lim Kit Siang will tell him…”Cut out the crab…join us and we will make you Vice President”
    Mission accomplished.
    Doc will be a Minister soon..Minister of Health….best for him.
    Justin and I disappear…back to our normal life…no joining ant political party.
    Both of us..hold dear..our real real freedom.


  29. monsterball
    Dec 11, 2008 @ 22:23:24

    An agent provocateur is OK if that agent provokes with no selfish ulterior motives…but provoke to unite all Malaysians and build up a fire so great…that UMNO and BN..’MAY’ take notice.
    It is noted political agents…like Doc noticed me.
    That’s good….but he is such a confused man….he cannot differentiate an idiot compared to high intelligent fellas. I guess..his profession ha something to do with it.
    So many are provoking….I was the chosen lamb to be slaughtered.
    But at the back of Doc’s mind…there is a strong spark of a righteous person…not so forceful…like other blog owners…just ban you…and be done with it.
    He asked permission…’May I……”
    That’s why I am back to WAKE HIM UP!!
    But no Justin comments……no monsterball.
    Justin is my inspiration..to Doc’s blog.
    Man of few words…but those words are hitting on the nail…with humour.
    Doc…and others..should keep supporting poor Justin blog…so nice and informative.
    Lets support a great blogger…shall we?


  30. langchiapek
    Dec 12, 2008 @ 10:17:20

    Readers to this blog should not feel depressed or sad over the JAC bill

    come GE13, we can all collaborate to get rid of UMNO and it’s dogs in BN.

    after that, can fully proceed to draft a true blue ICAC in parliament

    finally, do witch hunting on UMNO members.


  31. Justin Choo
    Dec 12, 2008 @ 11:35:03


    I think you should read the vulgar war of words between Antares and SYS&Team(The Might of the pen”)

    Your 2 sen comments over there might add fuel to the fire !!


  32. Justin Choo
    Dec 12, 2008 @ 11:36:14

    I mean Sjs & Team


  33. Justin Choo
    Dec 12, 2008 @ 11:37:42

    What? Doctor is moderating my comments!!??


  34. klm
    Dec 12, 2008 @ 11:52:36

    On the subject of Ghengis Khan, i saw on the tv programme that said 60,000 women killed themselves rather to face the wrath of the mongol hordes (my apology to the ladies for this remark).

    Maybe Chua Soi Lek should be president of Gerakan.

    Ha Ha. BTW. How do I put a smiley face in the blog?


  35. Dr Hsu
    Dec 12, 2008 @ 14:46:51

    Justin, sorry, i didnt moderate your comment. It was held up by the anti spam software.

    The anti spam is so efficient that any thing with one link will be withheld and anything with 2 links will be spammed.

    YOu with your wisdom will be the last person to be moderated in any blog…


  36. Dr Hsu
    Dec 12, 2008 @ 14:48:57

    klm, firstly thanks for your email and the wonderful diagram about Malaysian education .

    To put a smiley, just type the symbols for the smiley. For eg. : ) is smile.


  37. zztop
    Dec 12, 2008 @ 17:47:24

    The way our sleepy flip flop lame duck guy proposal on judiciary reform is really amazing. Is this what he claimed reform??
    Reform, my foot. The scenario can best be described as “old wine in a new bottle”. Same old story and same old song.
    If this is the way he does, he might as well dont do any other reforms he has promised. The rakyat will be very very grateful. We prefer him to keep on sleeping until thy kingdom comes.


  38. A true Malaysian
    Dec 12, 2008 @ 18:10:49


    Someone doesn’t mind his legacy. Can you imagine?

    Legacy has no meaning to him? I wonder :O


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