Australia’s tough anti-terrorism laws became a subject of intense controversy when Dr Mohamed Haneef became the first person to be detained without charge under the new laws. On the 2nd of July 2007, Dr Haneef who is an Indian doctor working in the Gold Coast Hospital was arrested based on suspicion of terror-related activities. This resulted in the detention of Haneef for 12 days before being charged. He was later charged for recklessly providing support to a terrorist organisation by giving his UK mobile phone SIM card to a relative who was allegedly involved in failed bombings in the UK. Shortly, after, his charges were dropped.
The purpose of the anti-terrorism laws, is bluntly speaking, to prevent a terrorist attack. Anti-Terrorist laws are intended to facilitate intervention and prevent a potential terrorist from acting by a range of planning, preparatory, funding and association offences. Some have argued that rights to individual liberty, natural justice, due process of law and legal representation may be needed to be modified to strike the balance with national security interest. But where do we draw the line? To what extent must our fundamental human rights and liberties be compromised?
Dr Haneef was held in detention without criminal charge for a period of 12 days. The Anti-Terrorism Act (No. 2) 2005 empowers the police to question terrorist suspects for an extended investigative period of 24 hours. However, the ‘dead time’ provisions of the Crimes Act, which is not subject to a time cap, effectively allows a person to be detained for an indefinite period of time before the questioning begins.
Perhaps the length of Haneef’s detention was justified for various reasons - the need to wait for a New Scotland Yard Interrogator to arrive and also for the need to investigate. However, it is the issue that there is no cap on the detention period that is of concern. According to Dr Ben Saul, director of the Sydney Centre for International and Global Law, detention for Haneef, became unlawfully arbitrary under human-rights law, since it was impossible for him to know how long he would be deprived of liberty. As such, it is essential to have sufficient regard to our fundamental human rights by setting a maximum period of detention.
In the Sydney Morning Herald, Peter Russo, Dr Haneef’s lawyer also expressed his dissatisfaction with the terrorism detention laws. He asserts that it is difficult to envisage that the intention of Parliament when enacting such legislation would have been to allow for the detention of a person for such a long time of 12-days. It follows that, in May 2004, when considering the proposed terrorism laws and the danger of lengthy detention, a representative from the Attorney-General’s Department said: “I have spoken to the Victorians about cases in Victoria concerning reasonable time and what the court has considered to be reasonable time, and the court has considered periods like 16 hours to be reasonable."Given that 12 days is a far stretch from 16 hours, perhaps the current uncapped detention laws should be reviewed.
More importantly, as Christopher Michaelson, who is part of the Strategic and Defence Centre in Australian National University asserted, many of our anti-terrorism laws lack effective judicial and parliamentary review mechanisms to protect our fundamental human rights. He argues that key pieces of anti-terrorism legislation such as the ASIO Amendment Act 2003 (which allows for seven-day detention without charge of non- suspects) do not provide for any meaningful judicial review at all. Other laws such as the Anti- Terrorism Act (No. 2) 2005, allow for judicial review in very limited circumstances. It follows that even where judicial review is possible, Australian courts cannot examine the compatibility of antiterrorism laws with any human rights instrument. This is simply because Australia neither has a constitutional bill of rights nor any special act of parliament protecting the citizen’s basic rights and freedoms. Also, although Australia has been a party to the UN International Covenant on Civil and Political Rights since 1980, it has failed so far to give domestic effect to its international obligations.
When the anti-terrorism amendments were legislated, Prime Minister John Howard said that the legislation was very much influenced by the UK counter terrorism legislation.
Dr Angela Ward, an Australian-born British barrister has told ABC’s Lateline program that the main difference lies in the fact that the UK counter terrorism legislation is subject to review against our Human Rights Act, which implements most of the United Kingdom's international obligations and imports a proportionality test. A judge would be obliged under the Human Rights Act to interpret a certain provision in conformity with the act and if the judge was not able to do so, the judge would have the power to issue a declaration of incompatibility and ask the Parliament to reconsider. As Australian judges do not have the power to directly review legislation against Australia’s international human rights obligations, they will be more disempowered in comparison.
This leaves us with the other option – parliamentary review. According to Michaelson, in the absence of any domestic human rights instrument and in light of limited judicial review, effective parliamentary review of the anti-terrorism laws is all the more vital.
The current Anti- Terrorism Act (No. 2) 2005 does not provide sufficient oversight mechanisms as it does not empower any independent body to monitor the operation of the antiterrorism laws. Therefore, the Government should consider the establishment of an independent body to review the operation, effectiveness and implications of the laws.
These laws, after all, tread uncharted legal paths in Australia and significantly infringe our individual rights and liberties. Perhaps with an independent body, uncapped detention laws would not have been enacted and Haneef would have been granted his fundamental right to a definite detention period.
By: Joanne Khoo (written by me but was unpublished for certain reasons)
Wednesday, October 31, 2007
Rants
One more day till my clock on my laptop tells me its November. Where has the time flew by? I find myself asking this very same question at the end of every year. And the bitter truth is, time will always fly by faster than we want. There will always be I should have seized that opportunity, I should have not have procrastinated... moments. The older we are, the more responsibilities we will have - that elementary school exam, that school play, high school exam, university, work, work + wife, work + kids, ...and it goes on. The to-do lists will continue expanding - there will always be stuff we need to get done but do not have the time to. There will always be reasons to excuse yourself from what you don't wanna do.
It's all a matter of priority I suppose.
You know, I could turn back time and start this year again, I would. But then again, if I'm at that time frame, I would have wanted to turn back time to the start of uni. And before that, I would have wanted to go back to high school. I would have studied more, played more sports, join more societies. And again, I would have wanted to go back to my primary school days - and accepted that invitation to my neighbour's house. Perhaps we would have been best buds now. There will always be events that we will regret in our lives. But we can't turn back time - so we will just have to make lemonades with the lemons thrown at us.
This year was inevitably a tough year for me - I wouldn't want to repeat this year again. Well, it wasn't that my studies were taxing. I think emotionally it was tough. Once again, I found myself searching for my identity. I thought I would have passed that stage in high school. But I've concluded that we will never fully realise our identity - its a journey, a constant progress till our death bed. It took me a whole year to figure this out. And it took me 22 years to realise that we shouldn't box ourselves up - do not ever say "I'm the creative sort or I'm more of a science kinda person" - it immediately boxes and limits our ability in areas we think are beyond our reach. The education system which divides us into the "art stream" or the "science stream" inevitably tries to define who we are. But studying the history of Michaelangelo, Albert Einstein or Leonardo Da Vincci we would realise that they are
It's all a matter of priority I suppose.
You know, I could turn back time and start this year again, I would. But then again, if I'm at that time frame, I would have wanted to turn back time to the start of uni. And before that, I would have wanted to go back to high school. I would have studied more, played more sports, join more societies. And again, I would have wanted to go back to my primary school days - and accepted that invitation to my neighbour's house. Perhaps we would have been best buds now. There will always be events that we will regret in our lives. But we can't turn back time - so we will just have to make lemonades with the lemons thrown at us.
This year was inevitably a tough year for me - I wouldn't want to repeat this year again. Well, it wasn't that my studies were taxing. I think emotionally it was tough. Once again, I found myself searching for my identity. I thought I would have passed that stage in high school. But I've concluded that we will never fully realise our identity - its a journey, a constant progress till our death bed. It took me a whole year to figure this out. And it took me 22 years to realise that we shouldn't box ourselves up - do not ever say "I'm the creative sort or I'm more of a science kinda person" - it immediately boxes and limits our ability in areas we think are beyond our reach. The education system which divides us into the "art stream" or the "science stream" inevitably tries to define who we are. But studying the history of Michaelangelo, Albert Einstein or Leonardo Da Vincci we would realise that they are
Monday, October 29, 2007
Competitive rivalry
Today Ann excitedly called me up and said, "Jo, Tigerairways are selling tickets from melbourne to various destinations for only 9.90 AUS after tax!"
I couldnt believe my ears! It was true!!! My heart starting palpitating and adrenaline starting rushing. Imagine all these places we could venture to for a weekend getaway. Going for a trip was as cheap as buying 1 1/2 cocktails in a bar. Travel over alcohol anytime.
Within 10 minutes, i booked my tickets from melbourne to canberra. I had to be quick because there were only 40,000 tickets on sale.
I scouted the rest of the locations - i either have been to them or they dont appeal to me. The only one that sorta appeal was Mackay as it was near the whitsundays which equated to clear white sand rolling waves. Oh boy oh boy! I spent the next 30 mins sussing out this place and finding the right dates to travel. Finally, i chose my dates and guess what, the 9.90 AUS tickets were sold out! Huh? So quick!! Clicked and refreshed page a few times but all in vain. Oh well, i still have my cheap canberra-melb tickets!
Travelling these days can be so cheap - flying from canberra to melbourne by plane is only slightly more expensive than a daily tram ticket! Competition between the low budget airlines have become increasingly intense with new competitors (Tigerairways + Airasia) breaking into the Australian market. I wonder whether Tigerairways do recover their cost in the first year of operation in Australia. But thats for them to worry. As a consumer, I'm happy to reap the benefits of the competition.
Its a different story when I am one of the competitors. My apartment comes with a parking lot which I rent out for some side-income. My old tenant have shifted out of the building and has therefore, terminated the lease. As such, i had to look for a new tenant two months ago. I placed up an ad on the notice board in the foyer. Unfortunately for me, a week after I put up the ad, this little prick decided to spoil the market and advertised to lease out his car park at a price way below market value. Grr...why did he do that? We should be cooperating and helping each other out! Of course, it didnt reflect well on my car park lease rental price. Suddenly, it looked way overpriced. Potential lessors would call up, compared prices to the other competitor and then politely decline. Getting desperate, a month later, reluctantly I agreed to a below market lease rate with my current tenant.
It was then I realised how virgin blue airlines felt. Frustrating.
A couple of weeks later, I peeped at the notice board and found a few new ads up, advertising to lease carpark spaces at a rate much higher than what i was getting. Its a rate that i should be getting. Grr..it takes one little prick to spoil the market.
WHen the contract ends in 5 months time, I will increase the rental rates. Hopefully, i will have wiser competitors then.
I couldnt believe my ears! It was true!!! My heart starting palpitating and adrenaline starting rushing. Imagine all these places we could venture to for a weekend getaway. Going for a trip was as cheap as buying 1 1/2 cocktails in a bar. Travel over alcohol anytime.
Within 10 minutes, i booked my tickets from melbourne to canberra. I had to be quick because there were only 40,000 tickets on sale.
I scouted the rest of the locations - i either have been to them or they dont appeal to me. The only one that sorta appeal was Mackay as it was near the whitsundays which equated to clear white sand rolling waves. Oh boy oh boy! I spent the next 30 mins sussing out this place and finding the right dates to travel. Finally, i chose my dates and guess what, the 9.90 AUS tickets were sold out! Huh? So quick!! Clicked and refreshed page a few times but all in vain. Oh well, i still have my cheap canberra-melb tickets!
Travelling these days can be so cheap - flying from canberra to melbourne by plane is only slightly more expensive than a daily tram ticket! Competition between the low budget airlines have become increasingly intense with new competitors (Tigerairways + Airasia) breaking into the Australian market. I wonder whether Tigerairways do recover their cost in the first year of operation in Australia. But thats for them to worry. As a consumer, I'm happy to reap the benefits of the competition.
Its a different story when I am one of the competitors. My apartment comes with a parking lot which I rent out for some side-income. My old tenant have shifted out of the building and has therefore, terminated the lease. As such, i had to look for a new tenant two months ago. I placed up an ad on the notice board in the foyer. Unfortunately for me, a week after I put up the ad, this little prick decided to spoil the market and advertised to lease out his car park at a price way below market value. Grr...why did he do that? We should be cooperating and helping each other out! Of course, it didnt reflect well on my car park lease rental price. Suddenly, it looked way overpriced. Potential lessors would call up, compared prices to the other competitor and then politely decline. Getting desperate, a month later, reluctantly I agreed to a below market lease rate with my current tenant.
It was then I realised how virgin blue airlines felt. Frustrating.
A couple of weeks later, I peeped at the notice board and found a few new ads up, advertising to lease carpark spaces at a rate much higher than what i was getting. Its a rate that i should be getting. Grr..it takes one little prick to spoil the market.
WHen the contract ends in 5 months time, I will increase the rental rates. Hopefully, i will have wiser competitors then.
Saturday, October 27, 2007
On why I never excelled in mandarin
Not to stereotype or anything, but mandarin teachers in Malaysia always give students shudders. My two mandarin teachers I ever had were scary. In standard 3 (Grade 3), we had to take up mandarin lessons in school. We used to have spelling tests every month in school which required us to score a minimum of 70% to pass. Learning the words were difficult enough by itself. Unlike the English language, chinese characters look like drawings that has no relevance to the pronunciation. So basically, it was plain memory work. Argh.
In addition, the mandarin lessons were always dry. Seriously, mandarin teachers have no sense of creativity - our lessons were probably a replica of what has been done in China over 1000 years ago. Basically, all we did was copy out text after text of words. The only time I perked my ears up and leaned forward in eagerness was when he started telling us his WWII stories. He would tell us of how he used to hide from the Japanese soldiers whilst he witness victims getting their thumbs cut off or having a pipe of water down their throat till water starts flowing out from their eyes and ears. It probably creeped out a couple of my classmates but the stories were interesting nonetheless.
Once, he got fed up of our lack of interest in his lessons. He decided that we should all be pushed a little harder. So he made us show him our last monthly test results and those who failed, were caned with the 1.5 meter wooden ruler. I was trembling with fear because I failed the last monthly test. When it was my turn, i slowly walked up to the front and produced the book. He took one look at it, turned to the class, smiled and said, "Give her a clap for her excellent work! She has full marks! " Huh? Little did i realise that he looked at the wrong page and was looking at my previous monthly test results! Phew, i was relieved. I never told him the truth.
After 1 year of mandarin lessons, I thought ill be relieved of torture. But no, my parents decided to enroll me in mandarin tuition - twice a week for two hours. My parents said, "You are Chinese and therefore, you should know Chinese. China is booming and one day, mandarin would be important" I understood their logic and I am eternally grateful for the lessons. At least, I'm not a total banana. But again, the mandarin teacher killed all my interest in mandarin. I started hating mandarin after that. First, we sang kiddish songs which were outdated. Secondly, again, we had to basically repeat, regurgitate and copy texts - very uncreative. Thirdly, failing tests would result in humiliating punishment. Being such a goody-two shoes, I never cheated in any of my tests which resulted in failing at times which of course is followed by humiliating punishment. Little did i realise, almost all my classmates cheated in their tests?? No wonder they never failed!
After a few years of the horrendous lessons, my parents finally gave me the green light to end my misery! Woo hoo!! Biggest relief ever.
See, now you would understand why i never excelled in mandarin. That being said, I might take up mandarin classes next year. However, being 22 and being in Melbourne, I'm sure the mandarin teacher would not cane me. Because that would be wrong in all senses of the word.
In addition, the mandarin lessons were always dry. Seriously, mandarin teachers have no sense of creativity - our lessons were probably a replica of what has been done in China over 1000 years ago. Basically, all we did was copy out text after text of words. The only time I perked my ears up and leaned forward in eagerness was when he started telling us his WWII stories. He would tell us of how he used to hide from the Japanese soldiers whilst he witness victims getting their thumbs cut off or having a pipe of water down their throat till water starts flowing out from their eyes and ears. It probably creeped out a couple of my classmates but the stories were interesting nonetheless.
Once, he got fed up of our lack of interest in his lessons. He decided that we should all be pushed a little harder. So he made us show him our last monthly test results and those who failed, were caned with the 1.5 meter wooden ruler. I was trembling with fear because I failed the last monthly test. When it was my turn, i slowly walked up to the front and produced the book. He took one look at it, turned to the class, smiled and said, "Give her a clap for her excellent work! She has full marks! " Huh? Little did i realise that he looked at the wrong page and was looking at my previous monthly test results! Phew, i was relieved. I never told him the truth.
After 1 year of mandarin lessons, I thought ill be relieved of torture. But no, my parents decided to enroll me in mandarin tuition - twice a week for two hours. My parents said, "You are Chinese and therefore, you should know Chinese. China is booming and one day, mandarin would be important" I understood their logic and I am eternally grateful for the lessons. At least, I'm not a total banana. But again, the mandarin teacher killed all my interest in mandarin. I started hating mandarin after that. First, we sang kiddish songs which were outdated. Secondly, again, we had to basically repeat, regurgitate and copy texts - very uncreative. Thirdly, failing tests would result in humiliating punishment. Being such a goody-two shoes, I never cheated in any of my tests which resulted in failing at times which of course is followed by humiliating punishment. Little did i realise, almost all my classmates cheated in their tests?? No wonder they never failed!
After a few years of the horrendous lessons, my parents finally gave me the green light to end my misery! Woo hoo!! Biggest relief ever.
See, now you would understand why i never excelled in mandarin. That being said, I might take up mandarin classes next year. However, being 22 and being in Melbourne, I'm sure the mandarin teacher would not cane me. Because that would be wrong in all senses of the word.
Wednesday, October 24, 2007
sweet tooth reemerged + Vietnam + beach
The past one year, my taste buds have changed - i seem to prefer a plate of nasi lemak over cake anytime. "I've grown up!" I proudly declared to the world. But today, i had this sudden craving for cakes. I've not bought a slice of cake for myself since a year or two ago. So it was a strange thing - having a craving for cakes. I changed out of my PJs to more decent clothes and strolled over to Breadtop, QV. So many cakes to choose from! I chose the green tea cake and picked up a twin sausage bun (two sausages in one bun)as well. I happily sat at one of the tables with green tea cake in my right hand and sausage bun in my left hand. The first minute passed by delightfully quick with me alternately stuffing cake and bun in my mouth. By the 3rd minute, i felt like a greedy fat chic, eating by myself with cream smeared all over my right hand. By the end of it all, my stomach felt a little queasy from all the cream!! No more cream for me!! I never learn =(
On a different note, the Vietnam trip has finally materialised. All the air tickets have been booked =0 My initial travelling buddies abandoned me and I had to recruit new ones. But its all good now. Cant wait. It's gonna be fun! Vietnam is a good place for travel if you are on a shoestring budget =) I can't wait to walk the muddy paddy fields, sleep in the trains and eat $2 vietnamese noodles by the roadside - must bring diarrhea pills.
.....
Summer is nearing - woohoo! The only downside are the insects. I dislike anything that flies (including birds). Countless times have moths locked me in my room - its like Goliath running away from David.
Speaking of summer, on Sunday, Jus and I took advantage of the warm day by going for a run by St Kilda beach. I really miss doing that - running by the beach, touching the water and feeling the sand between my toes. Touching the water always excite me - I wanna touch the water but I dont wanna get my toes wet. It becomes one big game - the waves are so random - some roll close up to you and some further away. Some waves are close together in timing and some further apart. So, you gotta choose the right wave and touch it at the right time. Its such a thrilling game, dont ya think?
After our run, we rewarded ourselves (actually Jus rewarded us :P) to a scrumptious meal of a seafood platter for two. O, my love for seafood! We had oysters, prawns, morten bay bugs, clams, fish etc. We did it alfresco style - sitting outside the restaurant by the beach. I brought back the leftover seafood for my brother and my brother, with a puzzled frown between his eyebrows, said, "so, you both were wearing shorts and sport shoes whilst enjoying this gourmet meal" I repied him with a grin. Meals are meant to be enjoyed in whatever way you fancy, don't ya think.
On a different note, the Vietnam trip has finally materialised. All the air tickets have been booked =0 My initial travelling buddies abandoned me and I had to recruit new ones. But its all good now. Cant wait. It's gonna be fun! Vietnam is a good place for travel if you are on a shoestring budget =) I can't wait to walk the muddy paddy fields, sleep in the trains and eat $2 vietnamese noodles by the roadside - must bring diarrhea pills.
.....
Summer is nearing - woohoo! The only downside are the insects. I dislike anything that flies (including birds). Countless times have moths locked me in my room - its like Goliath running away from David.
Speaking of summer, on Sunday, Jus and I took advantage of the warm day by going for a run by St Kilda beach. I really miss doing that - running by the beach, touching the water and feeling the sand between my toes. Touching the water always excite me - I wanna touch the water but I dont wanna get my toes wet. It becomes one big game - the waves are so random - some roll close up to you and some further away. Some waves are close together in timing and some further apart. So, you gotta choose the right wave and touch it at the right time. Its such a thrilling game, dont ya think?
After our run, we rewarded ourselves (actually Jus rewarded us :P) to a scrumptious meal of a seafood platter for two. O, my love for seafood! We had oysters, prawns, morten bay bugs, clams, fish etc. We did it alfresco style - sitting outside the restaurant by the beach. I brought back the leftover seafood for my brother and my brother, with a puzzled frown between his eyebrows, said, "so, you both were wearing shorts and sport shoes whilst enjoying this gourmet meal" I repied him with a grin. Meals are meant to be enjoyed in whatever way you fancy, don't ya think.
Sunday, October 21, 2007
True Beauty
Bombarded with beauty ads in mags, tv and posters, we forget what true beauty means.
And of course, heres the classic evolution dove ad for those of you living under the shell (katak di bawah tempurung - hey, i still remember my B.M!
And of course, heres the classic evolution dove ad for those of you living under the shell (katak di bawah tempurung - hey, i still remember my B.M!
Thursday, October 18, 2007
TGIT
I love Thursdays. Thursday is my seafood day. My usual routine would be to head to Vic market right after class to shop for fresh seafood, veges and fruits. I get pretty excited when the fish seller tells me that they just pulled the fish out from the sea. The fresher the fish, the sweeter the flesh. I usually buy my fish from the non-asian stores because you know, Asians will tell you its fresh even when its not. You know never. Then, ill head to my usual vege store. I have "contacts" in the market! Such an aunty I know. Today, i bought a whole bag of veges for only 3 dollars.
Equiped with my ingredients, I headed home to prepare my meal. I decided to do a quick and easy one today. What can be quicker than having everything raw. So, here it is - raw tuna (sashimi grade), a mixture of rocket + spinach + other Mediterranean leaves, lemon juice, avocado, a dash of extra virgin olive oil + honey. Served with water crackers and cheddar cheese which I managed to grab from Victoria market as well. (it was really good strong cheese. love it!)
I decided not to be too greedy and called Jus over for lunch as well.
Cost of meal for 2: $11.50 (cheeses are expensive)
Equiped with my ingredients, I headed home to prepare my meal. I decided to do a quick and easy one today. What can be quicker than having everything raw. So, here it is - raw tuna (sashimi grade), a mixture of rocket + spinach + other Mediterranean leaves, lemon juice, avocado, a dash of extra virgin olive oil + honey. Served with water crackers and cheddar cheese which I managed to grab from Victoria market as well. (it was really good strong cheese. love it!)
I decided not to be too greedy and called Jus over for lunch as well.
Cost of meal for 2: $11.50 (cheeses are expensive)
Sunday, October 07, 2007
Weekend happenings
The Tan
I did actually ran yesterday. I brought Ern along with me this time. I usually run alone so having some company is a good change.
Here we are at "The Tan"
Ern running
Jo running along Anderson Hill. Although you cant see it, theres actually an incline on this part of the route.
Ern resting
Us - after the run
Baby faith
May and Euge kindly invited Jus and I over for dinner on Sat. That's their baby - so adorable!
Heh, Jas singing "Stuck in a moment you cant get out of" during church service. He was imitating Bono. Its hilarious =)
I did actually ran yesterday. I brought Ern along with me this time. I usually run alone so having some company is a good change.
Here we are at "The Tan"
Ern running
Jo running along Anderson Hill. Although you cant see it, theres actually an incline on this part of the route.
Ern resting
Us - after the run
Baby faith
May and Euge kindly invited Jus and I over for dinner on Sat. That's their baby - so adorable!
Heh, Jas singing "Stuck in a moment you cant get out of" during church service. He was imitating Bono. Its hilarious =)
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