It was three years ago, a pair of loving couple – Ooi Kean Thong, 24 and Siow Ai Wei, 22 being accused of kissing and hugging in public park and could be charged with indecent behaviour.
Chief Justice Ahmad Fairuz Sheikh Abdul Halim wondered whether acts of intimacy in public were consistent with Asian morality and held that the Datuk Bandar of Kuala Lumpur (DBKL) was correct to charge two students with behaving indecently by hugging and kissing at the Kuala Lumpur City Centre (KLCC) Park on Aug 2, 2003.
So, they should be given freedom to live as they like? The constitution allows all citizens to do that (hugging and kissing) even by the roadside, in a public park?"In England, those acts are acceptable to the people in that country but is kissing and hugging acceptable to Malaysian citizens?"
Is the act according to the morality of Asian people?"
Bar Council chairman Yeo Yang Poh said questions of morality and decency are often subjective, and care should be taken in considering legislation on these issues.
"What has gone horribly wrong in the case concerning the Kuala Lumpur City Hall (against Ooi and Siow) is precisely because the authority seeks to invoke a law purporting to regulate decency in a way that a lot of Malaysians find unreasonable or ridiculous," he said."Showing affection by holding hands, hugging and kissing is common in our cinemas and on television. They do not threaten our society, though some members of our society may see this as inappropriate."
And what’s more, we’re at the top of the world again, due to the courtesy of BBC’s Jonathan Kent.
(SOURCE: BBC, 5 April 2006)
So, you tell me, what’s wrong with public kissing and hugging?
I am afraid we will degenerate to a prudish and closet mindset if we attribute shame, immorality and impropriety to even a fully clothed young couple giving each other a kiss or a hug in public.
Com’on Uncle, chill out please.
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Hellooo, chief justice, don’t let us catch your son or daughter kissing in public, cause they should be hang to death.
Get a life!!!
are you serious?
i think we should have a mass hugathon in klcc park! anyone game for it?
Thats it. From today onwards, EVERYBODY should get fined for holding hands and pecking in public BAR NONE. That includes EVERY SINGLE ARAB TOURIST who uses his usual greeting. Also, double the fine if both of they kiss a person of the same gender, for it’s homosexual.
AM i being ridiculous? Well by the chief justice’s logic, i’m not. Bloody hell, I feel like petitioning the King to toss him off the bench.
Dear Sir,
I know you is very unhappy for can not kissing in Kuala Lumpur City Centre.
But why you not kissing in you home ? Why you not kissing infront your father and mother ?
Because you kissing in Kuala Lumpur City Centre to show other people you are very modern like America.
Kissing is not wrong. I tell my son can kiss. But kiss at home. Not Kissing in in Kuala Lumpur City Centre.
Regards.
NONONO Lavern, I kiss in KLCC because I think we all should emulate the Arabs, who kiss their brothers and friends and hold their hands.
Chief justice thought he so smart, he knows what the ppl think and decide what lifestyle is best for us(play god). But, he kenot play with the ppl coz he’s so special, he only play alone.
So, chief justice, you go and ask around first. Me 1st one tell you :" Yes, its aceptable, you better go and change your brain, its 2006 liao now!"
Immoral == Illegal??
Though we aren’t onsidered to be living in trees now, I guess some of us left our minds up there. sigh..
IMHO,
kissing and huggings are a form of expression. do we now have to hide from ppl juz to hug each other? is the form of expression now needs an appointed time and place which cannot be shown spontaneously? do u happen to know love? or are u still in the ice age mindset. go out and get a poll or survey and see whether Asian ppl accept it or not.
are the Malaysian Legal System so free now (running out of crime rate) that they are now interested in supervising personal relation? [DELETED by SK - The issue here is not about religion, pls don't hijack the topic, I still have my own ars to cover, my friend.]
or maybe it’s juz a GRAND conspiracy to make everyone leave the country and leave "the farmers to rule the people"
I totally agree with the saying "kissing and hugging is a form of expression"…it’s just pure romantic…it’s spontaneous…when we feel like hugging and kissing, we just do it…becoz that kinda feel comes at that very moment and at that very environment…miss it and you’ll regret it…for me it’s romantic and not immoral…simply becoz we still have our clothes on…unless there’s a law saying we can’t reveal our face, lips, etc…
anyway, i choose to be on the fence…reasons?? lets be frank, i guess most of us malaysians, including myself feel awkward and funny at the sight of a kissing/hugging couple in the public…ask yourself, can we ignore those intimate couples making out in the open?? the answer will be a NO…all surprised eyes will on the couple…
in my opinion, although we would very much want to be as open as the western countries, we are still not ready to accept this culture…lets face it…
chrissaro,
so you feel awkward & funny, so you think its ok to ban & punish? like that only ah?you look at them bcoz you are sakai lah(whey you wanna look,stare?i tot asian ppl normaly will shy and turn away one?),no wonder foreginer still thinks we live on trees…cis
Ppl choose their own lifestyle, its their life, not yours and some dumb hakim’s.
[...] « In Malaysia, you kiss and you die [...]
For a start, telling people not to kiss in public? so far from my 22 years of experience, ppl who usually does this kind of rules must be some "loner" if you all get my drift. Anyway kissing at home? I have $ex for crying out loud at home and parents even told me to use a condom..kissing in public is nothing? why make a big fuss.
So, according to the established rules of empirical,
stable, demonstrable protocol, science and the rakyat says that you have no brain, sir. With all due respect, sir, how do we then trust
your judgements, sir?
Kissing and hugging are like anything else under heaven. If you use it in a good way, it is an expression of endearment which really should not be an issue. It is those who are making out in public that causing the problem. My cousin and I are living overseas, however, one time when we were in Malaysia, we were so surprised of what we saw in public at a bus station. Believe me, we are not the conservative type, but how shock we were! So, my point is, know right from wrong. By all means, kiss and hug, no problem, just don’t get too carried away. My fellow countrymen, lets have a little fun but not too much. hahaha.
44 local councils nationwide shall declare their definitions and benchmarks for “indecent acts”, and suspend the enforcement of any by-laws to curb “indecent acts” prior to clarifications and acceptance of such definitions and benchmarks pertaining to “indecent acts”, as Malaysians from various walks of life, ethnic, cultural, linguistic, territory and religious backgrounds have different understandings, definitions and benchmarks for “indecent act” by members-of-public.
The landmark decision of the Federal Court that kissing and hugging in a public park can be charged with indecent behaviour under Section 8(1) of the Parks (Federal Territory of Putrajaya) By-Laws, 2002 as the said By-law does not infringe Article 5(1) of the Federal Constitution guaranteeing freedom of life has prompted several local councils to declare that they will step up their enforcement on “indecencies” in public parks. According to a Sin Chew Daily report dated 9th April 2006, Alor Setar Municipal Councils claimed that anyone who behaves indecently in public parks will be fined no more than RM300, under By-law Local Government (Parks) 1983.
It is also reported that such by-law also exists in Ipoh. Unfortunately, there are no further explanations, clarifications, definitions or benchmarks related to “indecent acts” or “kelakuan tidak bersopan”.
Perak State Exco (Local Governments Affairs) YB Dato’ Chang Ko Youn said that it depends on how the court interprets “indecent acts”, whereas Kedah State Exco (Transportations, Industry, Trades, Consumers Affairs and Chinese Community Affairs) YB Dato’ Chong Itt Chew mentioned that according to Islamic techings, hugging, kissing and other intimate touching are indecent acts and such acts are prohibited by Islamic teachings.
At the moment, all local councils are empowered to enact and enforce their own by-laws and there are numerous local council which have enacted that “indecent acts” are prohibited in public parks, including DBKL, local councils in Pahang, Kedah, Penang, Negri Sembilan etc.
Another argument which is of equal importance is whether local councils can act as moral police to clamp down “indecent acts”?
Selangor Mentri Besar Dato’ Seri Mohamad Khir Toyo had once claimed that other than Selangor Islamic Affairs Department, local councils in Selangor are not empowered to enact and enforce by-laws pertaining to “indecent acts”. Parliamentary Secretary of the Ministry of Federal Territory, Yew Teong Look echoed that his Ministry is concerned with the decision of DBKL to enact such by-law to prohibit “indecent acts” in public parks.
He said that he has discussed this matter with the Minister Dato’ Haji Zulhasnan Bin Rafique and will further discuss this matter “in a day or two”.
In lieu of the situation whereby much confusion caused among members-of-public, all local councils shall immediately announce their definitions and benchmarks on “indecent acts” and suspend the enforcement of any by-laws to curb “indecent acts” prior to clarifications and acceptance of such definitions and benchmarks pertaining to “indecent acts” by members-of-public.
"Another arguement which is of equal importance is whether local councils can act as moral police to clamp down "indecent acts"? "
A lot of so call "indecent acts" can be deeply decent, such as hugging and kissing to show deep affection of one another. On the other hand, a lot of so call "decent acts" can be deeply indecent such as on-the-surface pretending. Thus, I believe that no one can judge one moral values accurately and precisely, and no one (even law) shall dictate an accurate moral yardstick where people of all walks of life, of different background and of different religion inarguably should follow.
No one can tell you how to live your life. No one can be your moral police. Not City Hall and not even your priest.
However, in this situation, I believe that it is paramount for our leaders should carefully define and clarify what is "indecent acts is". And for our dear public, we should try practise some tolerance towards the others who are living together with us be it we are in the 21st century or the 18th century.
No one will come to Malaysia for honey moon, they rather choose others third country, cause they don’t have such a stupid law. Kissing and hugging is an very extremely common expression, I even kiss my mum, hug my aunt in public, is that wrong as well? Then better ask all male and female keep a 3 feet distance and not allow to touch each others.
[...] "We will wait until clear guidelines on indecent behaviour is announced by the Cabinet." Doesn’t that mean the couple should be set free too, dearest Chief Justice Sir? [...]
remember this..we’ve seen pak lah himself showing affection to his late wife. so does it means if he cannot do that now, we all can’t?
if we kiss in the cinema..is that wrong?