MyKad in RCI, obtained by fraudulent claims, null and void under the law

If the turnout is less than 50 per cent in the snap Sabah elections, questions will be raised over the legitimacy of the exercise.

The voter turnout can be expected to be low given the rising number of CV-19 cases in the state and the JPN stationing officers at the polling stations to weed out those not eligible to vote.

Many people may also not vote on the grounds the elections should not have been called.

The matter should have been resolved in the state assembly, the Proper Forum.

https://www.freemalaysiatoday.com/category/bahasa/2020/09/24/1088711-pengundi-biasa-layak-undi-sabtu-ini/

Professor James Chin, your take in FB on the MyKads at the RCI is wrong in law.

According to the law, any document obtained from the gov’t under fraudulent claims is null and void and does not exist as if it never existed.

https://m.facebook.com/story.php?story_fbid=10158802525350842&id=765355841

PRN Sabah

MORE NONSENSE

This is widely circulated in Sabah; supposed to deter PTIs from voting.

James Chin’s take:

Its nonsense because the ICs issued to them are real. This was made clear in the RCI. How can you deny a person with a real IC (although he entered Sabah illegally in the first place) from voting?

The whole purpose of Project IC or Project M was to insert Muslim voters into Sabah by giving them real ICs.

You (you-know-who) need to spin better!!

My COMMENT . . .

James Chin, Victor Chin, Kandasamy Chinnayah, Kaycee Chin, Chin Wu Leu, Fen Siong Chin, Chin Ping, Beth Chin-Sikayun, Elizabeth Chin, Dalyn Ching Kobindong, Sylvester Chin, Liesia Chin, Gordon Horace Chin, Khoo Chin Chio, Chin Seng Ann, Wong Ching Chou, Chin Pui Chung, Reynold Valentine Chin,

According to the law, any document obtained from the gov’t under fraudulent claims is null and void and does not exist as if it never existed.

They stand automatically deleted from the electoral rolls.

Note: James Chin deleted my comment. He later removed his FB post claiming that PTI with a genuine MyKad had the right to vote.

https://www.freemalaysiatoday.com/category/bahasa/2020/09/24/jpn-buka-6-bilik-gerakan-di-sabah-kesan-pengundi-2-kewarganegaraan/

Dual nationality is euphemism for PTI.

https://www.freemalaysiatoday.com/category/nation/2020/09/24/nrd-tracking-voters-with-dubious-documents-dual-nationalities/

https://www.malaysiakini.com/news/543860

https://www.malaysiakini.com/news/543857

This story is about those staying in glass houses throwing stones.

History cannot be based on collective amnesia.

Having said that, the Chinese can be expected to support W+ because of DAP.

I am not sure about PKR.

Christina Liew, like YTL, has suddenly become unpopular among the Chinese. They allegedly see her as a mega cheat on NCR land.

No one is addressing the elephant in the room: the PTI.

I wrote about it. I also did a blog piece on IMM13 and related issues.

I cited principles in law and the spirit of the law, the latter having greater emphasis in the rule of law, the basis of the Constitution.

The issue is giving everyone in Malaysia, including the PTI, an identity, not necessarily a Malaysian identity as Home Minister Syed Hamid Albar said in KK some years ago.

Politics will prevent Amnesty for PTI.

CJ Richard Malanjum was right when he told some Pakistani PTI, “tell your countrymen that Sabah is hell for the PTI”.

W+ is not assured of the Orang Asal votes in the snap Sabah elections.

If W+ gets the Orang Asal votes, there’s no guarantee they (OA) won’t live to regret it as before Kimanis. Many Orang Asal voted for W+ in GE14. Then, Upko defected to W+ two days after MA was sworn in as CM.

PSS almost happened until Kimanis came. PSS was flawed in law. Parliament should have passed Amnesty.

Too much is made of Upko. Upko, a breakaway from PBS, cannot claim to represent the Orang Asal. They even changed their name to something meaningless. What does United Progressive Kinabalu Organisation mean? It means nothing.

Sapp and PBRS, both breakaways from PBS, cannot claim Orang Asal seats. Sapp was rejected by the Chinese. So, it’s banking on Orang Asal seats. YTL allegedly follows JK around like a bad smell.

The Orang Asal have never forgiven YTL and Sapp. It was the ultimate betrayal in 1994. YTL wanted to sue me when I predicted in GE13 that Sapp will get zero seats and lose their deposits

Star, an offshoot of Jeffrey Kitingan’s days in PBS and frogging, cannot claim to represent the Orang Asal. JK betrayed Pairin in 1994. The Chinese especially harp on this.

I proposed that JK be given only two seats for the snap Sabah elections. PBS has done that in Tambunan and Bingkor. My reason was that we need to know what new BS JK will come up with on Borneo rights. The real reason is that I have always had a soft spot for JK because I know the man. It’s not in my nature to have a soft spot for any politician.

My take on Borneo rights is that given several case laws, it’s pointless harping on Batu Sumpah and MA63.

A nation is governed by the Constitution.

Sabah and Sarawak should get a Federal court declaration on a point of law on the Malaysia Constitution governing the two Borneo states, not just the Federal Constitution, what has been incorporated in it from MA63 and some case laws on MA63.

MA63 exists whether incorporated in the Federal Constitution or otherwise.

It has force of law as the ultimate political document for Sabah and Sarawak and as the basis for the two Borneo states to be in Malaysia with Malaya as Equal Partners.

Politics will prevent Malaya saying that Sabah and Sarawak are not Equal Partners in Malaysia.

We can’t wait for the Federal Court declaring case law on bits and pieces of MA63 from time to time.

CJ Richard Malanjum should focus on the Malaysia Constitution. He should stay out of politics. Many people were shocked by earlier speculation that he would contest either Moyog or Bingkor.

Malanjum is more noted for educating lawyers and indeed the judiciary that the letter of the law is not the sum total of rule of law. Refer to his farewell address.

He respected dissenting judgments.

The people will always respect and remember him for his days in court.

Read further here . . .

https://fernzthegreat.wordpress.com/2020/09/21/addressing-pti-issue-key-to-winning-snap-sabah-election/

All parties in snap Sabah election must not ignore the elephant in the room: the PTI.

https://fernzthegreat.wordpress.com/2020/06/18/the-govt-by-inaction-in-law-cannot-deport-illegal-immigrants-in-msia-since-merdeka-msia-day/

The onus on illegal immigrants in Malaysia to prove they qualify for Amnesty, if declared and offered.

https://fernzthegreat.wordpress.com/2020/09/23/anwar-cannot-influence-snap-sabah-polls-by-overthrowing-muhyiddin-govt/

Racists PAS, GPS, stick with racist Umno, Sarawak has Umno in PBB.

https://fernzthegreat.wordpress.com/2020/09/23/chaos-since-mahathir-left-the-first-time-good-for-the-people/

Political tyrants have been defanged at least until new Order emerges.

Author: fernzthegreat

Joe Fernandez holds a honours degree in management, majoring in economics, and has opted from academia in law to being a jurist. He was trained professionally on the job as a journalist. He's a longtime Borneo watcher, keen on the history and legal aspects of Malaya's presence in Sabah and Sarawak. He teaches the English language privately and has emerged as a subject matter expert in public examination techniques.

2 thoughts on “MyKad in RCI, obtained by fraudulent claims, null and void under the law”

  1. [24/09, 8:05 p.m.] JF:

    Professor James Chin, your take in FB on the MyKads at the RCI is wrong in law.

    According to the law, any document obtained from the gov’t under fraudulent claims is null and void and does not exist as if it never existed.

    [24/09, 8:59 p.m.] JF:

    Professor James Chin removed his FB post claiming that PTI with a genuine MyKad had the right to vote.

    [24/09, 9:03 p.m.] +60 19-861 1951:

    I am in agreement with Prof. Dr.James Chin; somebody is very jealous;read before my comments.

    [24/09, 9:05 p.m.] JF:

    You mean PTI with genuine MyKad can vote?

    [24/09, 9:05 p.m.] +60 19-861 1951:

    Of course.

    [24/09, 9:08 p.m.] JF:

    Look at the law.

    [24/09, 9:14 p.m.] +60 12-280 8302:

    If it is genuine Mykad, surely he can then vote? He could hv been a foreigner what you call PTI before…?

    [24/09, 9:19 p.m.] JF:

    As the RCI found, the PTI were given genuine MyKad to vote.

    Under the law, only those eligible are given MyKad.

    The PTI, under the law, are not eligible to be given the MyKad.

    If they are given, it does not exist under the law, and ceases to exist as if it never existed.

    [24/09, 9:19 p.m.] +60 19-861 1951:

    You dont need to be a great luyar broke to know that if you have a genuine IC; U can vote!

    [24/09, 9:21 p.m.] JF:

    The issue is not whether the document is physically genuine.

    The issue is whether the holder is eligible to hold it.

    The issue is the fraudulent claims made to receive the MyKad.

    [24/09, 10:01 p.m.] JF:

    FC and you should go to the polling stations and convince the NRD officers stationed there that the PTI holding genuine MyKads should be allowed to vote since the document is physically genuine.

    Liked by 1 person

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