Thursday, August 30, 2012

Too Lenient!

 

The Star, Thursday August 30, 2012

Groups disappointed over light sentences

By LOH FOON FONG, YUEN MEIKENG and QISHIN TARIQ
newsdesk@thestar.com.my

(From URL: http://thestar.com.my/news/story.asp?file=/2012/8/30/nation/11934430&sec=nation)

PETALING JAYA: Women and children rights groups are disappointed over the “light” sentences handed down in the recent statutory rape cases, saying that the victims' interests were not protected.

Malaysian Child Resource Institute governor Aisha Z. Abdullah said that the judgments which did not punish the perpetrators was bordering on “blasphemy”.

“It opens a precedent that it is all right to have sex with minors,” she said.
Voicing concern: (From left) Prema, Ivy and Chong voicing their views on the light sentences handed down in the recent statutory rape cases. Voicing concern: (From left) Prema, Ivy and Chong voicing their views on the light sentences handed down in the recent statutory rape cases.
 
She said for some groups, sex at an earlier age was not prohibited as it promoted procreation but teenagers might not be mature enough to handle the relationship while also being deprived of many opportunities and achievements in life.

Women's Centre for Change Penang programme director Prema Devaraj questioned whether a child aged 12 or 13 was mature enough to “effectively consent” to a sexual relationship.

“There are adults who prey on nave under-aged girls and although the sex may be allegedly consensual, the element of exploitation is very real,” she said.

Women's Aid Organisation executive director Ivy Josiah said children should be educated on the consequences of having sex at an early age.

MCA's Public Services and Complaints Department head Datuk Seri Michael Chong said he had dealt with over 20 cases of statutory rape in the past five years.

“While some genuinely want to solve the problem, there are parents who try to extort money from the boy's family after their daughter is pregnant.

“If they do not pay up, the girl's parents will threaten to report the boy to the police or inform the media,” he said, adding that some parents have demanded for between RM50,000 and RM100,000.

National Council of Justices of the Peace secretary-general Datuk M. Ramalingam said Noor Afizal's case could be reviewed if the Court of Appeal reviewed its own decision or if the Public Prosecutor applied for a judicial review.

“In the absence of both, the court's decision is final and binding on all parties.

“Sad as it may be, but the decision has to be respected and the sanctity of court be honoured,” he said.

Experts split over review of consent age

The Star, Thursday August 30, 2012

(From URL: http://thestar.com.my/news/story.asp?file=/2012/8/30/nation/11937255&sec=nation)

PETALING JAYA: Experts are divided on whether the age of 16 in cases of statutory rape should be reviewed due to children maturing at a younger age.

Lawyer Edmund Bon said maturity and their understanding of sex and consent should be considered.

“The education system needs to provide advance sex education, teach children their rights, make them more assertive and help them understand what rape is and what consent means,” he said, but declined to state if he was in favour of either increasing or reducing the age of consent from 16.

Lawyer Karpal Singh said although 16 was acceptable in cases of statutory rape, the Attorney-General could study if it was necessary to lower the age.

However, senior consultant community paediatrician in Ipoh Datuk Dr Amar Singh said people should ask themselves if they would want their daughters to have sex at age 13 or 14.

“This is not about restricting their freedom but whether they are in a position to decide for themselves when older men take advantage of them,” he said.

Suhakam commissioner James Nayagam said 16 had been recognised as the age when a teenager could recognise and be responsible for sexual relations.

“Relationships between young adults and girls, especially those below 14, are not a fair playing field because when a girl is emotionally dependent on an adult, she will be more vulnerable to having sex,” he said.

Lawyer Honey Tan said it would not be wise to reduce the age limit.

“We should look at studies regarding the impact of having sex at a very young age from the physical, psychological and emotional angles,” she said.

Tan said she was concerned that judges seemed to think that young girls of 12 and 13 could consent to having sexual intercourse when they had been “socialised” to be “respectful to their elders”.

Prosecutor to argue decision to bind electrician for three years

The Star, Thursday August 30, 2012

By JOSEPHINE JALLEH
josephine@thestar.com.my

(From URL: http://thestar.com.my/news/story.asp?file=/2012/8/30/nation/11934440&sec=nation)

GEORGE TOWN: Deputy public prosecutor Lim Cheah Yit will file an appeal today against the Sessions Court's decision to bind over 22-year-old electrician Chuah Guan Jiu for three years to be of good behaviour after he was found guilty of statutory rape.

He is making the appeal amid rumblings of dissent over the judgment which followed a similar penalty handed down to former national youth squad bowler Noor Afizal Azizan for consensual sex with an underage girl.

Lim said: “I'm disappointed (with the judgment). It had been a consensual act between the two parties but the girl is still a minor.”

The father of the rape victim (who was 12 then and 14 this year) expressed his dissatisfaction with the judgment to reporters when they called on him at his Air Itam flat yesterday.


The odd-job worker, who is in his 40s, said he might seek an appeal for a more deterrent sentence against Chuah.

The widower declined further comment while a woman relative said that she, too, was unhappy with the sentence.

All Women's Action Society senior programme officer Lee Wei San said the organisation was “alarmed” by the ruling and the reference to Chuah's “bright future”.

A similar allusion was made in the case of Noor Afizal.

“This seems to have become a standard excuse for lenient sentencing in statutory rape cases. We look forward to reading the court's written judgment (in Chuah's case),” she said.

Protect and Save the Children executive director P. Nagasayee Malathy appealed to the judiciary to view such cases in the best interest of the victims to prevent future offences.

On Tuesday, Chuah was ordered to be bound over on a RM25,000 good behaviour bond after he was found guilty of raping the girl on two occasions last year.

Sessions judge Sitarun Nisa Abdul Aziz in her judgment had said the court took into consideration that Chuah was a young, first time offender.

Meanwhile, a 54-year-old former police officer also questioned the court's decision.

Social worker Datuk Dr E. Selvarajoo said the convicted rapist should not be let off that easily.

“He should at least be sent to prison in the public interest,” said Selvarajoo, a retired sergeant-major.

Opinion, The Star, Thursday August 30, 2012

Protect our young girls

IT is distressing for those of us working with child abuse victims to see another child who has been sexually abused (statutory rape) apparently ignored by the courts.
The last two rulings by the court seem to focus more on the perpetrator rather than the victim’s situation.
It is possible that the judges involved have never seen the plight of a young girl who has been taken advantage of, even when it is conveniently called “consensual”.
The law to protect young children from sexual abuse and rape is there for a purpose, and written with reasons.
There are a number of concerns here with these custodial sentences.
Firstly, the age disparity between the perpetrator and the victim clearly shows that the victim was too young to understand or control the situation.
It makes a mockery of the word “consensual”. The older men, both adults at the time, should know better but chose to ignore the rights of the young girls.
Secondly, the ruling ignores the trauma that has happened and will continue to haunt these young girls.
Having worked with childhood survivors of sexual abuse for many years, I can say that the girls involved will face much emotional and psychological pain for years to come.
Again this has been seemingly ignored in the sentencing.
Thirdly, we are giving a clear message to other perpetrators that the courts takes a soft view of the abuse of children when the perpetrator involved is a young adult.
This will embolden more to act without restraint.
Both the Penal Code and the Child Act, based on the UN Convention on the Rights of Children, are clear as to these actions.
They are abusive acts of an adult who should know better.
A child has been taken advantage of and damaged, possibly for life.
It is sad when we have ignored the silent cries of our children for our support and protection.
DATUK DR AMAR SINGH
Senior Consultant Community Paediatrician, Ipoh

Sunday, August 26, 2012

In the name of beauty



The Star, Sunday August 26, 2012

By LOH FOON FONG
foonfong@thestar.com.my

(From URL: http://thestar.com.my/health/story.asp?file=/2012/8/26/health/11913316&sec=health)

If you want to undergo cosmetic procedures, seek proper advice from trained doctors.


COME festive or wedding seasons, not only are shopping malls flooded with customers, doctors too see patients of a certain kind trickling in – those who turn up with infected, distorted or deformed body parts.

These patients are not accident victims, but those who wanted to look stunning for the season, and sought beauty or cosmetic procedures from fly-by-night beauty operators promising exceptional beauty, but ended up in tragedy, with some requiring mastectomy or reconstructive surgery.

Society for Anti-Aging, Aesthetic and Regenerative Medicine Malaysia president Dr Selvaraj Y Subramaniam says that it is common to find patients turning up to his clinic seeking treatment after botched-up procedures.

They tell him that these beauty operators had administered substance purportedly to be silicone injections into face, breast, buttock or silicon implant for penis enlargement.

“Clinical findings revealed that they ended up with granulations, dimpling, tennis-ball feel to the breast, or multiple ulcerations in the breast, especially in diabetic patients,” says Dr Selvaraj in an email interview.

Some who have injections done around the eyes develop narrowing of eyes and reduced visual fields, while others end up with migration of the substance injected to other parts of the face, leaving ugly swellings, he says.

Others get infected with chronic ulceration, have chronic granulations and chronic excretion of white or yellowish substances from the injection site, he says.
Dr Selvaraj... Self acceptance is the best, but if correction has to be done, seek proper advice from trained doctors Dr Selvaraj... Self acceptance is the best, but if correction has to be done, seek proper advice from trained doctors

Dr Selvaraj says that infected sites are difficult to treat, and over time, it heals with deformity. “Penis deformity is common. Some have a lumpy hard feel at the base of the penis, with chronic ulcers.”

On average, two patients of botched beauty procedures turn up at his clinic every three months, and this is just the tip of the iceberg, he says.

He refers these patients to plastic surgeons if mastectomy and reconstruction have to be done, but due to the cost of such procedures, most of them just live with the deformity.

Recently, the MCA Public Services and Complaints Department highlighted that a 39-year-old woman had second degree burns on her private parts after going through a pubic hair removal treatment.

Health Minister Datuk Seri Liow Tiong Lai recently announced that guidelines on cosmetic procedures/surgeries are being drawn up to protect consumers, and this will be ready soon.

While doctors are required to adhere to the guidelines, it also has indirect impact on beauty operators who do not fall under the Ministry’s jurisdiction.

Dr Selvaraj says that almost all of his patients did not lodge complaints with the authorities due to embarrassment.

A patient, who only wants to be identified as Ros, 50, says that she had gone for a certain injection under the eye in 2008, to reduce wrinkles, but after three treatments, the lines reduced but her right eye became smaller and appeared like slits, while her face became swollen.

“I regret what I did,” says Ros, a senior executive in a company, who sought the treatment from a beauty consultant in a private home.

Until today, the filler still moves laterally below the injected eye and she has never revealed to her family members the reason for the swelling on her face despite them enquiring about it.

She has sought a doctor’s advice, but the doctor could not remove the filler. He did touch up work for her to reduce the swelling.

The Tribunal for Consumer Claims chairman Reihana Abd Razak says that people may be embarrassed about their conditions, but they should know their rights as consumers.

Reihana said that the number of beauty-related botched-up cases filed with the tribunal increased from 74 in 2005 to 445 last year, but from January to April this year, 90 cases were filed, indicating a downward trend after the tribunal carried out campaigns to educate people their rights.

The cases filed with the tribunal are less serious cases mainly related to acne, pigmentation and bleaching treatments while consumers would bring more severe cases to civil court, she says.

Dr Selvaraj says that most of his patients are usually women aged 25 to 50, mainly married.

“Some women are worried about their husbands leaving them while some men, especially those in their 40s, want bigger penises to satisfy their wives,” he says.

“Sometimes, the issue is actually marital problems and patients should seek counselling to resolve the issue and not think that it can be solved by a firmer or larger breast or penis,” he adds.

Dr Selvaraj advises people to be happy with themselves.

“Self acceptance is the best, but if correction has to be done, seek proper advice from trained doctors,” he advises.

“If money is the issue, save money and do it when the time is right. Don’t rush,” he adds.

He says that it is important for people to see a doctor to know the benefits and risks of a certain procedure as this will enable them to make an informed decision and be properly monitored before and during a procedure if they choose to go ahead with it.

“Any procedure that deals with chemicals and has risk is best discussed with a doctor,” he says.

The National Consumer Complaints Centre (NCCC) reveals that it received 69 complaints last year and they were mainly cases such as skin care (facial) allergies and scarring, scalp itchiness and redness, while others complained that they did not lose any weight in slimming programmes.

NCCC senior manager M. Matheevani says that whatever people want to do to enhance beauty, they should first consult a doctor.

Wednesday, August 22, 2012

New regulations on iodine in infant formula


Wednesday August 22, 2012


By LOH FOON FONG
foonfong@thestar.com.my

(From URL: http://thestar.com.my/news/story.asp?file=/2012/8/22/nation/11894598&sec=nation)

PUTRAJAYA: The Health Ministry is amending the Food Regulations 1985 to include recommended minimum and maximum iodine content for infant formula.

Health Ministry senior director for Food Safety and Quality Noraini Othman said that currently, there was no minimum level of iodine specified for infant formula under the regulations.

She, however, added that the regulations on infant formula was being amended, involving the current Re­-gu­­lation 389 (Baby Formula) and the new Regulation 389B Baby For­mula for the Purpose of Treatment.

Regulation 389 Baby Formula will recommend an amount of 10 microgramme/100kcal as the minimum level of iodine while the maximum will be set at 60 microgramme/100kcal.

“The recommendation is in line with the Codex Alimentarius/Stan­dard for Infant Formula,” she said.

Regulation 389B Baby Formula for the Purpose of Treatment will be divided into five categories – baby formula for anti-regurgitation, baby formula without lactose, soy-based baby formula, completely dehydrolysed protein baby formula and baby formula for premature babies.

The recommended level of iodine for this category will be the same as Regulation 389, except for premature baby formula, where the recommended minimum level is 10microgramme/100kcal and maximum 50 microgramme/100kcal.

Tuesday, August 21, 2012

Redress for botched beauty jobs

Tuesday August 21, 2012

By LOH FOON FONG

foonfong@thestar.com.my

(From URL: http://thestar.com.my/news/story.asp?file=/2012/8/21/nation/11832235&sec=nation)

PUTRAJAYA: Victims of botched cosmetic procedures can still claim (editing error here?lff) even if the operators have a non-refund policy.

The Tribunal for Consumer Claims said it could determine if the contract signed had unfair terms or the treatment performed was unsatisfactory.

Its chairman Reihana Abd Razak noted there had been cases where consumers kept silent after errant operators refused to attend to their complaints following failed treatments costing several thousands of ringgit.

“The number of beauty-related cases filed with the tribunal increased from 74 in 2005 to 445 last year,” she said.

From January to April this year, 90 cases were filed, indicating a downward trend, Reihana added.

The complaints involved face, hair, body and weight loss treatments while those with severe injuries usually take their case to court.

“Most cases were related to acne, pigmentation and bleaching treatments.

“There were some cases of tattooed black eye brows turning green after a few years, total loss of eye brows after laser treatment to thicken them and burns following pigmentation laser treatment,” she said.

The MCA Public Services and Complaints Department recently highlighted that a 39-year-old woman suffered second-degree burns on her private parts after going through a pubic hair removal treatment.

Society for Anti Aging, Aesthetic and Regenerative Medicine Malaysia president Dr Selvaraj Y. Subramaniam said almost all who sought treatment after a botched procedure did not lodge complaints with the authorities, possibly due to embarrassment.

Recently, Health Minister Datuk Seri Liow Tiong Lai said guidelines on cosmetic procedures would be introduced soon to protect consumers.

Friday, August 17, 2012

Amended Evidence Act maintained


Published: Thursday August 16, 2012 MYT 12:49:00 PM
Updated: Thursday August 16, 2012 MYT 1:09:21 PM

Rais: Evidence Act to be maintained

By LOH FOON FONG

foonfong@thestar.com.my

(Online breaking news from URL: http://thestar.com.my/news/story.asp?file=/2012/8/16/nation/20120816124831&sec=nation)

KUALA LUMPUR: The Cabinet decided at its meeting on Wednesday to maintain the recently-passed Evidence Act 1950, said Information, Communications and Culture Minister Datuk Seri Dr Rais Yatim.

He said the Cabinet discussed the issue exhaustively and decided not to make any changes because Parliament was represented by the ruling party and the opposition had debated on it.

"Once it is officially passed, to do something now is an after thought," he said after launching the Merdeka Taxi Advertisement and delivery of Raya cards in Kg Desa Pahlawan on Thursday.

Rais said he would leave to Minister in the Prime Minister's Department Datuk Seri Nazri to further explain the matter.

The amendment to Section 114A was one of two made to the Act, and which were gazetted in July, receiving various reactions from Internet users.

A campaign was mounted against the Act by the Centre for Independent Journalism (CIJ) with its banner titled 'Stop 114A' appearing on Facebook and downloaded by Internet users in the country.

The development caught the attention of the Prime Minister, now in Mecca attending the Organisation of Islamic Cooperation (OIC) Extraordinary Summit, and he immediately asked the Cabinet to discuss the issue, through his Twitter account Tuesday.


Friday August 17, 2012

Amended Act maintained

By LOH FOON FONG and EILEEN NG newsdesk@thestar.com.my

(From URL: http://thestar.com.my/news/story.asp?file=/2012/8/17/nation/11871052&sec=nation)

KUALA LUMPUR: The Cabinet has decided to maintain the recently-passed Evidence Act 1950, says Information, Communications and Culture Minister Datuk Seri Dr Rais Yatim.

He said the Prime Minister had asked the Cabinet to discuss the issue and the Cabinet did so on Wednesday.

“The Cabinet concluded that it was a fair decision as it was brought to Parliament and was debated for four hours by the Opposition as well as the Government,” he said after launching the Merdeka Taxi Advertisement and Raya cards delivery in Kg Desa Pahlawan yesterday.

Rais said that once Parliament had debated it and had officially passed the Bill and gazetted it as law, “to say now to do something else is a political afterthought and not based on the legality of it”.

On Tuesday, Prime Minister Datuk Seri Najib Razak tweeted and asked the Cabinet to discuss the issue following objections made over the Internet on the amendment to Section 114A of the Act, one of two made to the Act, which were gazetted in July.

Rais said it was hoped that the Cabinet’s stance would be accepted.

“The provision of the Act should not be doubted or feared because it is based on a presumption of fact and not a presumption of guilt. The presumption of fact is common under the rule of law such as those found in the Sedition Act, Dangerous Drug Act and Contracts Act,” he said.

Anyone who is subject to the charge under Section 114A will have the right to rebut in the court of law and it is up to the court to justify what is to be done, he said.

MCA president Datuk Seri Dr Chua Soi Lek said the Government needed to assure the public that Section 114A of the Act would not be abused.

He said there should be clear guidelines on how it planned to enforce Section 114A as well as dos and don’ts.

“The guidelines should also include how innocent victims would not be punished and what other safety features could be put in place (to protect users),” he said after chairing the MCA central committee meeting yesterday.

In defending the clause, Dr Chua said it was meant to prevent abuse of the Internet by unscrupulous people, especially since cybercrimes were getting more common.

He also ticked off the Opposition for “political dishonesty”, saying they should have voiced their objection during the debate in Parliament and requested for a division of vote.

“It was debated and passed in Parliament without calling for block voting. In other words, they (the Opposition) went along with it,” he said.

Friday August 17, 2012

Bar Council hopes PM will step in

By LOH FOON FONG

foonfong@thestar.com.my

(From URL: http://thestar.com.my/news/story.asp?file=/2012/8/17/nation/11872553&sec=nation)
 
PETALING JAYA: The Bar Council is still hopeful the Cabinet may change its mind about accepting a controversial amendment to the Evidence Act when the Prime Minister chairs its next meeting after his return from his trip abroad.

Its chairman Lim Chee Wee said that although Information, Communications and Culture Minister Datuk Seri Dr Rais Yatim might be right in saying that the presumption under Section 114A of the Evidence Act was “not uncommon”, this was the first time that it would be applied so widely.

“This is the first occasion that such a presumption applies so widely and in a sphere of human activity and open to manipulation and hacking by others.

“Contrast this to the presumption of being in physical possession of drugs leading to trafficking if it exceeds a prescribed quantity.

“Section 114A (of the Evidence Act) has no equivalent in other jurisdictions such as Australia, Canada, Britain and the United States,” he said in an e-mail reply here yesterday.

Section 114A presumes publication and ownership of offending materials posted online if they are made using someone’s identity or device.

Lim also urged concerned Parliamentarians to move a private member’s bill on the matter although Section 114A had become law after being passed and gazetted.

There must also be adequate public consultation on law reform so that the Prime Minister and the Cabinet would not end up being on the back foot without knowing in advance what the concerns of the people are, he said.

The Centre for Independent Journalism executive officer Masjaliza Hamzah said the Cabinet’s decision went against the support that Netizens had given for the amendment to be withdrawn.

She said the centre had received 117,000 views on its website about the Internet Blackout Day on Aug 14.

“We still want the Government to withdraw the amendment,” she said, adding that current laws were adequate in addressing defamation and sedition.

Sunday, August 12, 2012

Story telling and reading combined to nurture reading habit

Sunday August 12, 2012

School adopts programme to nurture reading habit

By LOH FOON FONG

newsdesk@thestar.com.my

(From URL: http://thestar.com.my/news/story.asp?file=/2012/8/12/nation/11844237&sec=nation)

KUALA LUMPUR: A Chinese school has decided to incorporate story-telling sessions into its Chinese language subjects to inculcate the love of reading among children.

MCA National Youth Education Bureau chairman Chong Sin Woon said that SJKC On Pong 2 in Pandan in Ampang had adopted the programme in collaboration with the Picture Book Association.

The association is promoting reading and story-telling through books filled with 80% illustrations.

“This is a good way for the young generation to pick up the reading habit,” he said at the training programme for 82 teachers by the association at the school yesterday.

Learning can be fun: Teachers learning facial expressions and gestures to use in story-telling at SJKC On Pong 2, Pandan Mewah, Ampang. Learning can be fun: Teachers learning facial expressions and gestures to use in story-telling at SJKC On Pong 2, Pandan Mewah, Ampang.
 
Chong said that the reading habit among Malaysians was improving although the country still lagged behind the achievements of advanced countries.

Chong added that it was unfortunate that children nowadays were more interested in electronic gadgets and computer games than reading.

“Parents should encourage their children to love books before they are introduced to these modern gadgets.
“They should also read books to their children to generate their interest in books,” he added.
The Picture Book Association vice-president Ng Kok Keong demonstrating ways on how to tell stories effectively. The Picture Book Association vice-president Ng Kok Keong demonstrating ways on how to tell stories effectively.
 
Chong said that the bureau sponsored the training for teachers while the association donated 100 picture books for the programme.

School principal Chin Ah Soon said the story-telling training for teachers would enable teachers to improve their teaching skills.

Parents Teachers Association (PTA) chairman Chin Kok Keong said his PTA would also talk to other parents to encourage them to read to their children at home.

Saturday, August 11, 2012

Check on infant formula

Saturday August 11, 2012

By LOH FOON FONG foonfong@thestar.com.my

KUALA LUMPUR: The Health Ministry has imposed Level Five Inspection in containing, testing and releasing the infant milk powder Wakodo and Morinaga from Japan for iodine analysis.
Minister Datuk Seri Liow Tiong Lai said the step had been taken beginning Thursday as a precautionary measure.
“As such, we urge consumers not to worry because the ministry will carry out monitoring,” he said during a breaking of fast function with the media here yesterday.
Liow said the ministry would continue to do random sampling of all milk powder coming into the country to ensure that they meet the requirements.
The Hong Kong Centre for Food Safety had discovered that the milk powder had lower iodine level than the standard set by the international Codex Alimentarius.
According to Codex, the minimum level recommended in infant milk powder is 10 microgramme/100 kilocalories and the maximum is 60microgramme/100 kilocalories, he said.
It is believed that insufficient levels of iodine in infant milk powder could stunt the growth of infants.
According to the Veterinary Services Department, the Wakodo brand was not imported into Malaysia while Morinaga was imported into the country either through the Netherlands or New Zealand and not directly from Japan.
In PUTRAJAYA Health Ministry senior director of food safety and quality Noraini Mohd Othman said the ministry was taking samples of infant formula in the local market.
Noraini noted that should consumers have any doubt on the safety of infant formula that is available on the local market, they can lodge a report with the ministry either through the district or state health departments or the ministry's food safety and quality division's website at http://fsq.moh.gov.my/v3.