Tian Chua gets three months' jail, RM1,800 fine for sedition
PKR vice-president Tian Chua was sentenced to three months' jail and a fine of RM1,800 after he was found guilty of sedition by the Sessions Court in Kuala Lumpur today.
This is over remarks he made during a forum three years ago.
PKR vice-president Tian Chua was sentenced to three months' jail and a fine of RM1,800 after he was found guilty of sedition by the Sessions Court in Kuala Lumpur today.
This is over remarks he made during a forum three years ago.
Judge Zulqarnain Hassan, in his decision, found Tian Chua's words to be seditious under Section 4(1)(b) of the Sedition Act.
"Looking at the facts of the case, I am satisfied that the accused (Tian Chua) had uttered remarks with seditious tendencies," he said.
The judge specifically pointed to the words 'bangkit' (rise up) and 'turun ke jalan raya' (take to the streets), used by Tian Chua during the forum, as being seditious in nature.
The law provides for a maximum fine of RM5,000 or a prison sentence of up to three years or both for the offence.
Granted a stay pending appeal
Additionally, Tian Chua was also granted a stay pending appeal against the conviction.
His counsel, N Surendran and Latheefa Koya, said they would appeal as they believe he should not have been convicted in the first place.
Surendran also said that the sentence given to Tian Chua would not affect his position as an MP in any way.
An MP fined more than RM2,000 or sentenced to more than one year's prison term, would lose his seat in the Dewan Rakyat and be barred from contesting for a seat for five years.
Speaking to reporters after the sentence was delivered, Tian Chua said that it is a mistake of the authorities to think that the rakyat would be silenced by the threat of conviction under the Sedition Act, describing it as an "unfair law".
He added: "We are elected representatives of the people, we are leaders of the opposition and we have to accept that this is part of our occupational hazard that we have go through."
Tian Chua made the speech at the Kuala Lumpur and Selangor Chinese Assembly Hall on May 13, 2013, shortly after the 13th general election.
The other speakers at the event, Hishamuddin Rais, Adam Adli, Safwan Anang, Tamrin Ghafar and Haris Ibrahim, have also been prosecuted for sedition.
The prosecution was represented by the deputy public prosecutors Julia Ibrahim and Jasmee Hameeza Jaafar.
Repeal sedition law
Meanwhile, Gerakan Hapus Akta Hasutan (GHAH) today said it was disappointed by Tian Chua's conviction.
"The decision does not respect the spirit of Article 10 of the Federal Constitution which guarantees the people's freedom of speech.
"Expressing one's opinion should not be criminalised even though opinions can differ," said GHAH coordinator Amir Abd Hadi.
Amir added that despite claims that Tian Chua's statement could incite the people to overthrow the government, nothing of such had happened.
"Four years have passed and none have been incited nor has there been any unrest.
"This proves that the the concept of 'seditious tendency' in the Sedition Act is open to wide interpretation," he said.
Describing the Sedition Act as a relic of the colonial times, he urged that the law be repealed.


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