Malaysian Opposition MP Convicted, Sentenced for Sedition

Fahirul N. Ramli
2016.09.28
Kuala Lumpur
160928-MY-chua-620.jpg Chua Tian Chang, vice president of Malaysia’s opposition People’s Justice Party enters a court in Kuala Lumpur to face sentencing on a sedition conviction, Sept. 28, 2016.
Fahirul N. Ramli/BenarNews

A Malaysian court Wednesday convicted senior opposition leader Chua Tian Chang for uttering words deemed as seditious during a speech that criticized the government in 2013, and sentenced him to three months in prison.

The Kuala Lumpur Sessions Court also fined Chua, a lawmaker and vice president of the People’s Justice Party (PKR) 1,800 ringgit (U.S. $435), for speaking words “to the extent of encouraging people to change the current government” through an “illegal method.”

“The accused used words such as ‘bangkit’ (rise), ‘turun ke jalan’ (take to the streets), which were uttered soon after the results of the 13th general election were announced,” Judge Zulqarnain Hassan ruled in finding Chua guilty of sedition. “I am very satisfied with the fact that the remark made by the accused had inclination toward being seditious.”

Chua is one seven MPs and two assemblymen from opposition parties who have been charged under Malaysia’s 68-year-old Sedition Act since 2013, according to reports. The government of Prime Minister Najib Razak, which has faced allegations of corruption, in recent years has also charged or detained scores of political activists and critics under the law.

Chua had faced a potential maximum sentence of three years and/or a fine of 5,000 ringgit (U.S. $1,208), but the judge stayed the three-month sentence that he handed down, pending a possible appeal.

Chua’s lawyer, N. Surendran – an MP who himself has been charged with sedition – said his client would appeal.

Shock, anger over verdict

Chua was convicted for comments made during public forums at the Kuala Lumpur and Selangor Chinese Assembly Halls on May 29, 2013.

His words did not result in any violent or untoward incidents, Surendran said in arguing for a lighter sentence on his client’s behalf. Five others, an MP and four social activists, face similar charges for comments at the same forum and will be tried separately.

Melissa Sasidaran, an official with Lawyers for Liberty, expressed shock at the verdict that went against Chua. All he did was to call on people to protest against the outcome of the 2013 general election – which is “not against the law,” Sasidaran told BenarNews.

Chua’s conviction represents “a setback in the ongoing fight for freedom of expression in the country,” Shamini Darshni, the head of the Malaysia chapter of Amnesty International, said in a statement.

She called on authorities to cease prosecuting people under the Sedition Act.

“We also urge for all charges of sedition against activists, politicians and dissenting voices, including the cartoonist Zunar, lawyer Eric Paulsen, activist Khalid Ismath and opposition MP N. Surendran, be dropped,” Darshni said.

Lawyer: Judge erred

Lim Chee Wee, a former chairman of the Malaysian Bar, said the trial judge may have erred in finding that the words “bangkit” and “turun ke jalan” amounted to sedition.

“Because those words are more likely to mean protest as opposed to calling for change of government,” he told BenarNews.

Lim, who serves as a member of the Malaysian Anti-Corruption Commission Operations Review Panel, said that Najib should fulfill his promise to repeal the Sedition Act and replace it with harmony laws drafted by the National Unity Consultative Council (NUCC).

Najib had promised in 2012 to repeal the act, but reversed his decision and instead strengthened it.

The Sedition Act, enacted by British colonial rulers in 1948 to combat communists, was amended by Malaysia following race riots in 1969. The law defines “sedition” broadly and places many limits on free speech, particularly over sensitive political issues, according to a report by Center of Independent Journalism Malaysia.

In June, human rights organization Suara Rakyat Malaysia (Suaram) said it had documented 220 cases in 2015 brought under the Sedition Act. Most of those cases involved human rights defenders and opposition politicians, according to a report claiming that those detainees were subjected to lengthy incarceration, denial of bail and torture.

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