Beautiful Illusion of Law and Order
Beautiful illusion of law and order is for my fellow Singaporeans.
This post is about how Immigration Department of Malaysia officers treat Singapore citizen’s rights
Thank you, Jesus, for the truth of the matter concerning the detention of a Singaporean has finally been revealed. It was a well fought battle, a first for a Singaporean to have won, after a long hard fight against the Malaysian Government machinery, for a victory in a Malaysian court.
Though the Immigration Department of Malaysia officers have vehemently alleged that their detention were in accordance with Immigration Act. They also strongly resisted the Singaporean’s challenge, but they could not convince their wise Malaysian Judge of their claim, as can be seen from Judge NBB‘s written judgment below.
It has been slightly over three years now to receive this great news, that this Singaporean has been illegally, unlawfully and unconstitutionally detained for 13 days by the Immigration Department of Malaysia.
The news media reported this news about Malaysian high court’s declaration that the immigration officers had detained me illegally for 13 days.
Because these immigration officers find it very shameful to be seen as incompetent or worse, as corrupt and lawless, the Immigration Department of Malaysia appealed against judge NBB‘s judgment to the appeal court of three judges. Even at the appeal stage, they, too, lost the battle when the appeal court three judges unanimously dismissed their appeal.
And what was their submission to convince the appeal court three judges that in their view, the wise high court judge, NBB has made an error of judgment?
To find out and read more about how the senior director-level immigration officer, MHBK embarrassed himself as incompetent and lost the battle, read magistrate remand order – two opposing claims and lies and falsehoods perpetrators.
The one important question that the public on both sides of the causeway should be asking: How can such atrocity be committed by a friendly neighboring country?
With the appeal court’s declaration, now is the right time to bring all the details concerning the case out into the public space.
#1 – Mirage of a crime is a beautiful illusion
Isolation and all communication cut off
From the time of my arrest i.e. 28.2.2018 up to 6.3.2018, no one knows what happened to me or where am I. All those who knew me personally were shocked and puzzled by the news of my detention in Malaysia.
The only information that everyone received was my arrest by the Immigration Department of Malaysia for a week.
This sort of holding someone in detention in so secretive manner is not applied to any civil society except for closed authoritarian society like North Korea.
The question is what is the purpose of doing this to me? Read on to find out about this beautiful illusion of law and order in a neighboring friendly country.
I was in Malaysia with a 5-year MM2H visa and valid Singapore passport. The immigration officer in charge, MHBK refused to allow me to collect my passport from my other Singapore car and for me to inform my wife at my Malaysian home nearby as well. They were already preparing one more charge of being in Malaysia illegally without passport, a serious charge and giving them more reasons to lock me up in their Immigration detention depot.
Hence everyone who heard this news must be assuming that I must have done something egregious, like committed a major crime.
Even for murder case, the accused has access to lawyer and family members after getting a remand order within 24 hours according to their Constitution.
#2 – Beautiful illusion indeed with inhumane treatment inside Detention Depot?
Terrible conditions in the cruel and inhumane Pekan Nenas Immigration Detention Depot
The breadth of the cell is about 16 feet of three rows of about 5.5 feet, 5 feet, 5.5 feet row. This is because the detainees are sleeping side by side in three rows. The detainees do not have enough leg room to stretch out to sleep and the average height is 5 feet 4 inches.
In the front of the cell is a raised concrete platform right up to the length to before the gate door. This length is about 8 feet.
Then after the platform is the metal gate door. After the gate door, the length used for sleeping is up to the back metal gate door. After this gate door is the toilet area where a water tank is.
We can calculate the length of this sleeping space using the following: 22 inches (for the breadth-wise of human body side by side) by 43 men per row. From the calculation, it is about 78 feet for the length. So, using 78 feet length by 16 feet breadth, we get about 1,248 square feet of sleeping space. This is the sleeping space cramped with 130 people at the max during my stay inside.
According to their senior immigration officer, Ms HBB, she submitted in her affidavit that the design and specification of cells and their capacity (for 130 people) are determined by the Department of Works (JKR). I don’t think anyone is sure whether that is true or not.
There are two rows of raised level that have wooden planks designed for sleeping. But because these old wooden planks have been infested with blood-sucking bed bugs, it makes good sleep at times impossible. There was a full-scale chemical washing attempt by detainees to disinfect the wooden planks of bed bugs with limited success.
Witness to brutality, assault, torture and death
Open-mesh-design metal grill embedded onto concrete pillars and low walls enclosed this space. This is to provide for an all-round open view. The detainees can witness incidents happening outside. The outside view looks directly toward the staging ground and the officers station post. On one side is another similar block and on the other side is an open view of the concrete staging ground and further away is the immigration guard’s duty post.
Detainees from inside can witnessed everything that is going on outside because of the open view. So, we witnessed incident such as the torture of an Indonesian national detainee by a group of immigration guards.
Another incident that we witnessed from inside was seeing detainees who were involved in a fight taken out and assaulted by immigration officers and guards.
All detainees clearly witnessed a sickly Indian national detainee waiting for medical treatment which eventually ended up in an unnatural death. You can read about this under this header: #4 – Beautiful illusion is shrouding unnatural death in secrecy.
At the same time, the immigration guards can watch the detainees 24/7 hours for 365 days from the outside. A picture of the detention cell block that I was detained inside is shown below:
#3 – Unhygienic condition within beautiful illusion
There is four open-concept-with-no-privacy WC for up to approximately 130 people and usually one of this WC is out-of-order.
The water tank is one big common all-purpose water tank to hold water for shower, washing clothes, and cleaning the food trays after each meal. Water use in cleaning up after detainees completed their “business” is also taken from here too.
Colored hand scoops are provided and used for the following. Pink scoops for showering, washing our clothes, scooping water to clean food tray. The blue ones are for scooping water for cleaning up the excrement after completing the “business”. Occasionally, a detainee used the wrong water scoop and possibly bacteria contamination of the whole water tank. immigration officer Ms HBB submitted an exhibit of an outside water filter, reckoning that the contamination is sand and sediments in her affidavit.
Because my cell is on the lower floor, all detainees who have walking disabilities are placed here. Occasionally, an old man who cannot walks just release his “business” on the floor of the toilet. At other occasional times, he releases his “business” at where he sleeps. Some detainees would help him clean up.
Food for refugees
Every day, the food served is:
Breakfast is two loaves of bread and tea-flavor drink for breakfast.
Lunch and dinner are rice with the nasi lemak ikan and a few pieces of cabbage. Once in a week, you get a small hard piece of horrible-tasting curry beef meat.
For tea break, they give two pieces of cracker biscuit and tea-flavor drink.
This is the maximum food provided to only sustain you, and leaving you malnourished.
#4 – Beautiful illusion is shrouding unnatural death in secrecy
There was an incident where detainees inside our cell witnessed an Indian national detainee who was very ill waiting to receive emergency medical treatment. However, he has to wait till an immigration guard is available to escort him to seek treatment. Much later we saw that he was escorted out for treatment but never saw him returned back to his cell after that.
We heard from runners (aka kawasan) for the immigration officer and guards, who are also detainees themselves, that the Indian national detainee had died, and rat urine poisoning was mentioned as a cause.
and following there was a lot of cleaning up of all the surrounding areas of the block.
Even the water tank inside our cell has to drain off completely and cleaned with chemical soon after this incident.
Nobody knew what had happened to the detainee to this day as everything is shrouded in complete secrecy.
#5 – Beautiful illusion is having my first family-visitor after seven days
On the 7.3.2018, I finally managed to talk to my wife when she visited me. This is her first visit and allows me to brief my wife on all important matters to attend to.
These important matters relate to this Immigration case matters and my Malaysian properties matters. However, Pekan Nenas Immigration Depot did not allow me to pass other important items such as two Malaysian houses and three apartments’ keys, apartments’ access cards, bank tokens for banking transaction, bank ATM and credit cards, few hundred Singapore dollars cash and Malaysian ringgits to my wife. This is causing hardship and financial losses to my family and pure evil as my family affairs turned topsy turvy.
On 6.3.2018, my family had approached the Attaché from the Singapore Consulate in Johor to obtain more information about my case and possible charges. They were not able to gets any useful information nor can the Attaché intervene.
How did the Immigration Department of Malaysia convince Singapore Consulate under MFA on such secretive detention – isolation for a week without access to anyone? Was fake information been relayed to MFA for such an outcome?
Beautiful illusion and a surprise unwanted visitor
I was not able to talk to my family or a lawyer and kept totally isolated. But today (9.3.2018) I got a surprise visit from an acquaintance, Ps JM. The immigration officer, PS had given him “special privilege” to visit and talk to me as if sending Ps JM on a mission to persuade me. I remembered Ps JM‘s words well. Ps JM was telling me how kind and helpful these two officers, PS and MHBK were, and keeps repeating this a few times. That they were willing to “help” me and keeps singing praises of these two immigration officers. It was a clear hidden message by Ps JM to me to instruct my family to approach these two officers via a fixer to “help” me. Why should I?
According to Ps JM‘s account, he went to Setia Tropika Immigration HQ to look for the investigating officer, MHBK to enquire on my case. He later went to give his statement and testimony to immigration officer PS about my character and charity work involvement in collaboration with a Malaysian charity organization.
Ps JM “seems convinced” that both PS and MHBK are kind and helpful officers, willing to “help” me. My family member can approach them for “help”, rather than paying for two lawyers to deal with Immigration Department of Malaysia officers. Ps JM informed me that he will be talking to my family about this matter as well.
Apparently from the diary account, he had already met with my family on 8.3.2018 and proposed a “help” deal which my family took it back to my extended family in Singapore for a crisis management meeting and discussion.
My family and my extended family meet to decide on this “help” deal. I am grateful that all my family and extended family members were aware of the retaliation against me by my vengeful ex-housekeeper and her immigration officer boyfriend, MZ. This ex-housekeeper, JS, had even vowed to make sure that I will ends up inside jail.
Because my family members knew that it was a trap, as well as illegal backdoor “help” offer, my family ignored this “help”. They do not buy into Alice’s wonderland of a beautiful illusion of law and order in Malaysia.
Engaged a lawyer on 13th day of detention (12.3.2018)
Quote “1030 hrs – Drove to City Square Mall to Singapore Embassy to obtain the list of solicitors in JB. Obtained the list from the Embassy staff.
1200 hrs – At the same time, we visited CST (office is also located in City Square Mall). Met with solicitor CST. However, CST informed that he does not go to the court. He does only conveyance. Solicitor CST then refer us to another solicitor, YHK. We google for YHK’s address. Address is in Larkin area.
1530 hrs – We found the office and contacted Solicitor YHK. We met him in his office at 1530 hrs.
Solicitor YHK informed that he handles mostly capital sentences and drug offences. Nevertheless, he can together with another senior Solicitor HN to undertake D’s case.”
My wife signed the Authority to Act for YHK and engaged lawyer YHK to act for me together with senior Solicitor HN.
#6 – Beautiful illusion is basic human needs met on visit by wife on 15th day of detention
I do not know whether I was allowed visitors or not. It is only after I read from my brother-in-law’s diary account the following, quote: “Went to Setia Tropika on the 14th day to enquire and found out that only one visit was allowed, and family member was only allowed”.
Throughout the first 14 days, I was wearing the only set of clothes similar to what I was using on the night I was detained. On the 15th day, my missus brought me extra set, towels, soap, detergent, toothpaste and my medication. That was during her 2nd visitation on the 15th day of detention. During these days, have to depend on donation from other detainees of their personal hygiene items.
So, on the 14.3.2018 at 10.00 am, my wife came to visit me to bring me some clothes for change, towel, personal hygiene stuffs for me to use. These personal hygiene stuffs were never provided unlike what was alleged in immigration officer, HBB‘s affidavit. My wife also brought my inhaler medications which is very essential. She was accompanied by her older brother because she cannot drive and is only conversant in Chinese language only.
With proper clothes, personal hygiene items and my medication, life is slightly better now. In spite that life is slightly better, the total isolation and cut-off from civilization and time passes very super slow is the biggest mental torture.
Immigration officer, HBB had alleged in her affidavit submitted to KL High Court that Immigration Department of Malaysia had issued personal hygiene items to us but none of the detainees received any. On HBB‘s exhibit, it only shows of two goods-issued reports showing issuance of hygiene items and signed off by the immigration guards and was alleged that it was issued to detainees. But the reports itself has discrepancy such as the signatures of the same guard are different. Furthermore, there were no exhibit provided to show these hygiene items were issued to detainees and acknowledged acceptance signed off by detainees.
It is clear that these items went to the immigration guards, but not to any detainees. In fact, detainees had to buy personal hygiene items at exorbitant prices through the checker or kawasan. The checker is the person in charge of each cell and reports to immigration guards/officers as well as being the immigration officers/guards’ middlemen.
On this visit, my family managed to collect important items such as the keys to my two Malaysian houses and three apartments, apartments’ access cards from one of the immigration officers in the big meeting room to my wife’s big relief. Such evil people turning my family’s life topsy turvy in the hope for some monetary gains through leverage on these disruptive inconveniences.
This total isolation and cut-off from civilization and all of the above actions are designed such that it is one of their mental tortures to break you down psychologically and emotionally. This is designed such so that you will capitulate to these immigration officers, or your family may resort to offering bribe through a fixer in a back-door deal. As for offering a bribe, it is only wishful thinking. I have consistently refused to be involved in any bribe dealing during my years of stay in Malaysia because of my Christian belief.
This is third family visit on 21st day of detention (20.3.2018)
This is another visit from my daughter to inform me that they have engaged a lawyer, YHK and to find out more details about what the immigration officers are charging me for. Any lawyer would need more related information so as to prepare for my defense against the charge. My family were given a letter of ‘no-objection to visit’ by the team leader of the raiding team, MHBK who is also the investigating officer according to official document.
By the way, MHBK claimed in his affidavit dated 5.8.2019 that he had produced me before magistrate within 14 days of arrest and my affidavit in reply was that I have only seen him only once throughout my detention period. So, the question to him was, “how could he (MHBK) have produced me before a magistrate when I have seen him only on the night of my arrest and no more thereafter?”
To that question, another immigration officer, HBB submitted an affidavit dated 26.8.2019 to support MHBK‘s claim. HBB then used a “tampered” court document, meaning one page of a three-page document was deliberately removed as exhibit “HB-1” to deceive the high court judge, MNBMG in the Permohonan Jenayah No. WA-44-178-07/2019 court application. They successfully deceived MNBMG as evident by MNBMG incorporating their lies and falsehoods into his written judgment.
However, it is very clear that the Immigration Department of Malaysia officers are not giving any information to anyone. One of these officers is PS, who recorded my statements on the 6.3.2018, the first officer I see after my arrest on 28.2.2018 and detention.
After my release and de-briefing from everyone, I came to the understanding and conclusion that this scheming officer, PS not only lied few times to me, but he also actually feed my daughter misinformation to mess me up, sabotage my defense, talked an acquaintance, Ps JM into visiting me and my family with his backdoor “help” message and lastly to put a lifetime blacklist while at the same time getting another immigration officer in the same room to offer a backdoor “removal of name from blacklist” service through a fixer.
This acquaintance, PS JM, after having met immigration officer, PS, went to meet my family to sing praises about how kind, helpful and religious is PS and PS is willing to “help” me.
PS also did not revoke my MM2H visa immediately after my discharge order but do so only on the 4.4.2018. On the 4.4.2018, he put my name on the immigration backlist for life from entering Malaysia for the reason as explained above before releasing me.
On the 4.4.2018, by “coincidence” there was an immigration officer in the same office who then offered me a fixer’s contact HP to arrange a back-door deal for “removal of name from blacklist” service for a service fee.
All the immigration officers had submitted affidavits except for this one immigration officer, PS.
SCHEMING OFFICER OR NOT?
#7 – Beautiful illusion is having access to lawyer on 22nd day of detention (21.3.2018)
My Malaysian lawyer, YHK‘s account:
Quote, “With that letter of no objection which I presented at the immigration depot, I was then able to have access to you to have that first and only interview.
Access to you was therefore not denied but my complaint was I was only allowed 1/2 hour to speak with you and under the watchful eye of an immigration officer who was sitting across the room.” UnquoteLawyer YHK, who acted for me before the magistrate at Immigration Court inside Pekan Nenas Immigration Depot compound.
Not only was immigration officer, PS watching us, another 3-pip immigration officer from Setia Tropika Immigration HQ who accompanied my lawyer, YHK was also in the room.
They also have put a burly immigration guard with a threatening beating baton standing in the room making noises to intimidate us. This was their so-called “access to lawyer and confidential legal consultation” for me.
This lawyer YHK‘s visit on 21.3.2018 was the only visit allowed for me to prepare my defense against an alleged crime and it was granted 21 days after my arrest and detention. When requested by YHK for information about my case, these immigration officers refused to give any information to him except the probable charge. Instead, these immigration officers were intimidating during the open meeting conversation in a big room between YHK and myself. And what was the high court judge’s remark on such an “access to a lawyer” or confidential legal consultation?
Indeed, a beautiful illusion of law and order and the “access to a lawyer” as guaranteed by the Malaysian Federal Constitution Article 5(3) as follows: “Where a person is arrested he shall be informed as soon as may be of the ground of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice”.
Conclusion on beautiful illusion of law and order:
This is the account of my 26-days detention for which 13 days was declared illegal, unlawful and unconstitutional by the KL high court and the appeal court. The objective of these Immigration Department of Malaysia officers’ illegal detention is to force me to capitulate to their nefarious scheme.
However, by the grace of our Lord Jesus, He miraculously gave the magistrate remand order document into my hand. This verse, Luke 12:2 is indeed true.
“For there is nothing covered, that shall not be revealed; neither hid, that shall not be known.”Luke 12:2
The magistrate remand order document that reveals the truth of the matter concerning continual detention after 14 days without magistrate order originates from the Malaysian Immigration Authority officers. Hence, they cannot vehemently deny this document’s contents in court. This eventually reveal the truth of my detention as illegal, unlawful and unconstitutional.
I fulfilled my two-and-a-half year National Service obligation and have dutifully paid all my taxes obligations over all more working years as a citizen of Singapore.
I witnessed an Australian citizen in my same cell involved in a fight. Instead of rushing in and beating up the Australian for fighting; the immigration guards called in a very senior immigration officer to deal with him. These cowardly immigration guards and officers were scared of violating the human rights of this Australian citizen, knowing that Australia is a first world country that protects the rights of their citizens. Violating the human rights of the Australian may incurs the wrath of the Australian government.
Surely it is not asking too much in requesting for Singapore Government’s assistance when citizen’s rights to life and liberty have been violated and our life is in danger in a foreign country?
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