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Judicial CP - October 1996

Corpun file 0371 at


The Star, Kuala Lumpur, 9 October 1996

Inspector's appeal against rape conviction dismissed

KUALA LUMPUR: The High Court here has dismissed a police inspector's appeal against his conviction on two counts of raping a 16-year-old girl.

Mr Justice Hashim Datuk Yusoff affirmed yesterday Inspector Ali Ariffin's 14 years' jail term and an order for him to be given five strokes of the rotan.

Mr Justice Hashim said the defence's argument that the victim had cried rape to frame Insp Ali was illogical.

"The victim was taken to the hotel room by the appellant and was left there overnight without any policewoman to escort her.

"Besides, it is not a traffic policeman's duty to send the victim to the hotel or fetch her from the hotel to her house," he said.

He said it was reasonable for the victim to be afraid of Insp Ali, who has since been suspended by the police force, because she was a 16-year-old student.

Insp Ali, 33, was found guilty of two counts of raping the girl at the Mandarin Hotel in Jalan Sultan here on July 28, 1992.

On May 16, 1994, sessions court judge Hapipah Monel sentenced Insp Ali to six and eight years jail for the charges which are to be served concurrently and ordered the rotan strokes.

Insp Ali was granted a stay of execution pending his appeal to the Court of Appeal.

Corpun file 0378 at


The Straits Times, Singapore, 19 October 1996

Malaysia to cane, deport illegal workers

By Brendan Pereira in Kuala Lumpur

MALAYSIA will cane and deport illegal immigrants, in a bid to stem their flow into the country, said Prime Minister Datuk Seri Dr Mahathir Mohamad.

Also to be whipped are agents responsible for bringing the illegal workers into the country. Stiffer penalties will also be introduced for employers who hire such workers.

Malaysia will be the second country in the region, after Singapore, to impose caning for illegal workers.

The Prime Minister said that the National Security Council, which he heads, had decided to take a tougher stand because of problems caused by these workers.

"The existing laws are not enough. We want to be very severe," he said, adding that surveillance along the coasts would also be increased to prevent immigrants from entering the country.

And second-time offenders could expect to be punished even more severely, he warned.

He was speaking to the press after attending a dinner on Thursday night for the Malaysia Marine Parks and Marine Reserves Trust Fund.

One million out of the country's 1.75 million foreign workers are in Malaysia illegally. Most of them are from Indonesia and the Philippines. But latest checks have shown that foreign workers from 28 countries, including Nepal, Albania, Ghana and Somalia, have entered the country illegally.

At present, those caught without work permits are held in detention centres while arrangements are made by their own governments to repatriate them.

National Security Council secretary Datuk Jaafar Ismail said yesterday that the Immigration Act 1959/63 would be amended to include the stiffer penalties.

A Bernama report quoted him as saying that under the proposed amendments, anyone who employed foreigners entering the country illegally or anyone who brought in foreign workers illegally could be jailed for between six months and five years, caned and fined between M$10,000 (S$5,620) and M$30,000.

He said foreign workers who had been deported but returned to the country would be whipped.

Employers or individuals who hired illegal foreign workers could be fined up to M$10,000 for each illegal worker in their pay.

"If the number of such workers exceeds five, a mandatory jail term of not less than six months can be imposed. These regulations cover executives of companies which employ illegal foreign workers," he said.

The Federation of Malaysian Manufacturers yesterday supported the government's decision.

Dr James Alfred, the chairman of FMM's human resource committee, told The Straits Times that any employer who hired illegal workers knowingly should face stern action.

"If the government does not step in and take serious measures, social problems caused by these workers will continue to mount," he said.

Over the last few months, the involvement of foreign workers in crime and their marriage to local women have been reported almost daily by newspapers here.

There is also concern that these workers are bringing in a number of communicable diseases, thought to have been eradicated here.

When contacted yesterday, the Indonesian Embassy in Kuala Lumpur said it would inform its citizens of the Malaysian government's decision.

Last month, the two countries agreed to work together to ensure that only Indonesian workers with work permits enter Malaysia.

Corpun file 0381 at


The Star, Kuala Lumpur, 19 October 1996

Groups back Govt's plan to cane illegals

KUALA LUMPUR: Several groups have voiced support for the Government's plan to cane illegal foreign workers and those who employ them, describing it as long overdue.

Association of Agents of Domestic Helpers president C. S. Chuah said caning was an excellent idea to discourage employers from hiring illegals.

"The Government should make it a mandatory three strokes of the cane for every illegal worker that an employer hires," he said.

Jail terms should also be imposed, Chuah said.

"Many of the illegals are now considered a security risk. They are not just committing immigration offences," he added.

Prime Minister Datuk Seri Dr Mahathir Mohamad had said on Thursday that the Government would amend the laws to include whipping for illegal workers and those caught abetting them.

Malaysian Association of Foreign Workers Agencies acting president Ishak Kamaruddin said caning should be made mandatory, apart from fines.

He said the Government should also offer monetary rewards for information on the whereabouts of the illegals and the errant employers.

The Indonesian Embassy's information attache Agil Salem Alattas, in supporting the proposal, said that it would be an effective measure to deter illegal workers and encourage them to enter the country legally.

In Kota Kinabalu, Sabah Sawmilling Industries Association president Rudy Kinajil said caning illegal foreign workers and those who employed them would be an effective deterrent.

Corpun file 0385 at


The Star, Kuala Lumpur, 22 October 1996

Shahidan: Cane first-timers too

KANGAR: Illegal immigrants who enter the country for the first time should also be caned, Perlis Mentri Besar [State premier] Datuk Seri Shahidan Kassim said yesterday.

He said the proposal to introduce mandatory whipping on illegal immigrants who re-enter the country should be extended to first-timers.

Such a stringent step would be effective in stopping the increasing influx of illegal immigrants into the country, he said.

"We want to spread the message that Malaysia is strict on illegal immigrants, otherwise we are bound to face the non-stop entry of aliens into the country," he told reporters after opening the state-level Unity Month celebrations.

A mandatory jail term, caning and higher fines are among the measures which have been proposed for the amendments to the Immigration Act 1959/63 to curb the influx of illegal immigrants into the country.

Shahidan said the number of illegal immigrants entering the country via the Malaysian-Thai border in Perlis was increasing daily.

According to latest police records, the number of illegal immigrants nabbed entering the country via Perlis from Jan 1 to Oct 15 totalled 2,305, an increase of 45 per cent compared with the same period last year. The majority were Bangladeshis.

Shahidan said he had received reports that about 30,000 foreigners were waiting in a neighbouring country for the right time to enter the country illegally.

He said the state government had directed the relevant authorities to beef up enforcement at the border.

He also suggested that those responsible for bringing in the aliens be put under restricted residence, besides being whipped and jailed.

Corpun file 0396 at


The Star, Kuala Lumpur, 25 October 1996

Court turns down appeal by habitual criminal

By Hah Foong Lian

SEREMBAN: A High Court judge here turned down yesterday an appeal from a habitual criminal, saying "the devil in you takes over the good side that you have."

In upholding a lower court decision, Mr Justice Datuk Mohamed Nor Abdullah told Lim Leh Fong, who had two previous convictions, that the jail and rotan sentences from his previous convictions failed to deter him from committing further crimes.

"This shows that you are not repentant because you have committed the third offence barely five months out of jail. I know you have a good heart but the devil in you overcomes your good side.

"While in jail, why don't you think about what you want to do with your life," said Mr Justice Mohamed Nor.

Lim was appealing against a magistrate's court decision, last January, to jail him 50 months and be given four strokes of rotan for extorting three people of RM45 on Feb 4, 1994.

In February 1983, Lim was jailed three years and ordered to be whipped three times for armed robbery.

For his second offence - theft, he was jailed two years and released in September 1993.

Appealing without a counsel, Lim, who spoke fluent English, said: "I have repented after 1983. I have not gone back to my gangster activities since then."

As for the second offence, Lim said, his monthly income then of RM1,000 was not sufficient.

"My friend influenced me into buying two pistols for a job and I thought I would wash my hands off such activities after getting several thousands of ringgit," said Lim.

Taking off his dentures to explain his latest crime, Lim said, he was merely begging for money to pay for his dentures which cost RM80.

Before leaving the court, Lim asked: "What about the six strokes of rotan? I did not use any weapons. You must help me."

To this, Mr Justice Mohamed Nor said: "I am not here to help you. I am here to do my work."

Corpun file 0409 at


The Straits Times, Singapore, 30 October 1996

Traffic police recommend caning for illegal racers

KUALA LUMPUR -- The much-awaited report proposing caning for illegal racers and the race organisers has been submitted by the federal traffic police to the Home Ministry.

The Malay Mail said the report, prepared under the instructions of Inspector-General of Police Tan Sri Rahim Noor, was submitted to the ministry last week.

Federal traffic chief Senior Assistant Commissioner II Supian Amat said that it was finalised after discussions with ministry officials.

"Now it is up to the top brass to decide," he added.

The newspaper said that if the proposal was approved, illegal racers and organisers could expect a hard time from the authorities.

"Even first offenders will be caned," he said, declining to elaborate on the report.

"It will cover all illegal racing, be it motorcycle or car."

This is a much stiffer penalty compared to the one being issued now.

Illegal racers are now charged under Section 42 (1) of the Road Transport Act or Section 279 of the Penal Code.

Under the RTA, the offender is liable to a fine not exceeding M$6,000 (S$3,360) or three years' jail. The licence is also suspended for two years.

Under the Penal Code, offenders charged with reckless and dangerous driving face a M$2,000 fine, two years' jail or both upon conviction.

Mr Supian said it was time to get tough with illegal racers. "We are already saddled with the problem of trying to reduce the number of deaths on the road and illegal racing is only making our task more difficult."

Once the proposal is accepted, police will intensify their operations in cities and major cities. "These are the problem areas. Despite our weekly operations, the organisers always seem to find another place to hold these races," he said.

In Kuala Lumpur, the targets will be Jalan Sultan Ismail and Jalan Tun Razak while in Selangor, it will be along certain stretches of the Federal Highway and Shah Alam.

The report was prepared after police received feedback from the public. While the police had proposed earlier that illegal racers be caned, the public went a step further by suggesting that even the organisers receive the same punishment.

Tan Sri Rahim had earlier said a stiffer penalty was needed to curb illegal racing, and had suggested caning.

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