Those who convert to Islam (muallaf) for marriage purposes should be allowed to revert out of the religion in the event their marriage ends, said MCA president Ong Ka Ting today.

In his motion of thanks for the royal address by Sultan Mizan Zainal Abidin, Ong also said children "unilaterally converted to Islam by one parent without the consent of the other parent should be allowed to go back to their original religion until they reach the age of maturity."

parliament 2008 first day 280408 07 "In the case where one parent embraces Islam, the religion of the minor must be decided by both parents. Should a dispute on the child’s faith arise, the religion must remain as status quo until the child reaches the age of maturity, that is, 18 years, upon which the child decides," he said.

Ong also said in the event of a death of a muallaf, his or her property "comprised in the estate of the deceased prior to the date of conversion should be subject to civil laws of inheritance and succession."

The issue of conversion had rocked communal relations in the country over the past few years. While some pertain to demands that Muslims be allowed to leave Islam, others relate to the status of children of Muslim and non-Muslim parents.

In all, however, the determinative role and powers of the religious authorities have been brought to question, including in such cases as the late M Moorthy, Lina Joy, the detention of M Revathi, and the child custody battle of S Shamala and R Subashini.

"Non-Muslims are not to be subject to any form of Syariah laws, and for any disputes or overlapping areas between the jurisdiction of the civil and Syariah courts, civil laws must prevail.

"We urge the government to be transparent in this process to avoid a repeat of the cases mentioned above," said Ong.

Racial composition of the judiciary

On a related issue, the MCA president said the government cannot ignore the perception that the judiciary does not reflect the multiracial composition of the country.

To redress this a composition of judges that is more reflective of that multiracialism should be brought about, he said.

"We cannot deny the fact that judges are also humans too, and as much as they want to be perceived to be independent and transparent, factors such as religion, racial and their cultural backgrounds can influence their thinking," he added.

"I am not suggesting a racial quota be applied to judicial appointments. Of course, a judge’s appointment must be based on merit, capability, intelligence, independence and integrity, and it should not be seen as having any connection with background, descent and gender.

"But at the same time, we must correct any perception that our judges will not be able to adjudicate fairly and impartially on sensitive issues, particularly relating to religion if a persons’s faith becomes an issue before a panel of judges whose religions faith and beliefs differ from her or her."

On the Judicial Commission for the appointment and promotion of judges, Ong called for a strict vetting process of candidates "to avert any accusation that only the connected are being considered for judgeship."

He also said that judicial commissioners should be selected from among candidates proposed by the Judicial Commission.

Calls for heavier penalties

On the issue of corruption, Ong welcomed the announcement of the restructuring of the Anti-Corruption Agency (ACA), the establishment of the Malaysian Commission on Anti-Corruption (MCAC), the Parliamentary Committee on the Prevention of Corruption, and the Anti-Corruption Board.

In addition, he called for a time-frame for all government bodies to process all types of applications and announce these to the public.

Ong also said there should be one "clear, simple and transparent procedure" to process the applications.

"If the processing time-frame is not complied with, they (the government agencies) must give a reasonable explanation for the delay.

"This step is necessary to avoid situations where any officer deliberately slows down the duration to process the application with the hope to receive bribes, or give opportunity for people to take advantage of others."

Ong also called for heavier penalties against corrupt civil servants or those in the private sector, including withdrawing pension benefits from the latter.

On the issue of education, Ong said the time had come for the government to "think out of the box" by doing away with the policy of according different treatment between partially-aided and fully-aided schools.

"The mind-set that the government cannot help partially-aided schools is completely rejected by the rakyat, especially in this era when our nation’s core leaders emphasise developing human capital.

"Nobody loses out if the Ministry of Education treats all schools as government schools," he said.

Ong also called for open tenders in government procurement, as this will foster more competition and help reduce operational costs.

The government must help the poor and disadvantaged regardless of race and ethnicity, he said.

ACA investigations

In another development, Minister in the Prime Minister’s Department Mohd Nazri Abdul Aziz said based on the investigations done by the Anti Corruption Agency (ACA), nine local councillors, state assemblypersons, Mps or division leaders of political parties have been charged in court since 2004.

Out of this, two have been found guilty, four released and three cases still pending.

Nazri said not all investigations by the ACA have to result in the person being charged in court.

"A person is charged only when there is satisfactory evidence and sufficient statements," he said in response to an oral question posed by Ong.

Wan Azizah: Repeal ISA

Meanwhile, Dr Wan Azizah Wan Ismail (PKR-Permatang Pauh) in her maiden speech as opposition leader called for the Internal Security Act (ISA) to be repealed.

black 14 questioning 160408 wan azizah "I would like to begin my official duty as opposition leader in this House by asking the government to release all the ISA detainees immediately without any condition or charge them in open court," she said while debating on the royal address.

According to her, the ISA - which was enacted in 1960 to combat the communist insurgency - has been used to detain 10,711 people without trial so far.

At present, there are 70 people being held at the Kamunting detention camp in Taiping, Perak

Wan Azizah also called for the closure of the detention camp.

At one juncture, Tajuddin Abdul Rahman (BN-Pasir Salak) - who said he was an ex-ISA detainee - interjected and said the ISA is still important.

This irked another ex-ISA detainee MP N Gobalakrishnan (PKR-Padang Serai).

"Since he agreed with the ISA, it is equivalent to admitting that he has done something wrong, he is not qualified to sit in this House as a MP," thundered the opposition MP.