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Bar Council: ‘Absurd to deport Bourdon’

Patrick Lee | July 26, 2011

French lawyer was not engaged in political activity in violation of laws but gave a speech on a matter of public interest.

PETALING JAYA: The Bar Council dispusted Home Minister Hishammuddin Hussein’s claims that tourists were not allowed to make speeches while visiting the country.

M Ramachelvam, the council’s migrant, refugees and immigration affairs committee chief said under Immigration Regulations 1963, tourists cannot engage in political activities.

“But it’s absurd to say that if you’re a tourist, you’re not allowed to give a speech or a talk,” Ramachelvam told FMT.

Quoting Section 11(7)(b) of the Regulations, he said: “The holder (tourist) shall not give political lectures, speeches, talks or engage in any political activity.”

Ramachelvam was referring to French human rights lawyer William Bourdon who was deported from Malaysia last Friday for allegedly violating his travel permit.

Bourdon had given a speech on Thursday at a dinner organised by Suaram in Penang on the controversial Scorpene submarine scandal which is being investigated in France.

When Bourdon landed at the Kuala Lumpur International Airport (KLIA) on Friday morning, Bourdon was detained for four hours and sent on a flight back to France.

Hishammuddin said that the government chose to deport Bourdon because he made a speech in violation of his visa regulations.

The minister denied that there was a political agenda behind the move, which was questioned by Ramachelvam.

No right of appeal

Ramachelvam accused the government of being “selective” and said that Bourdon should have been allowed to give his speech, especially if it was a matter of public interest.

“The government has the power (to deport), but was it exercised in good faith? It should have been exercised responsibly and not in a capricious manner.

“The talk given (by Bourdon) a matter of public interest, and not a political activity,” he said.

Ramachelvam also touched on the Immigration Act 1959/1963, which Bourdon was deported under, and which does not give deported persons the right to appeal their case.

“This is a very draconian power. There doesn’t seems to be any right to appeal (under section 59 of the Act),” he said.

In June 2002, Malaysia signed an agreement with French defence giant DCNS and Spanish Navantia for the procurement of two Scorpene class submarines.

The deal had been mired in controversy with allegations of kickbacks and is linked to the murder of Mongolian national Altantuya Shaariibuu.

Abdul Razak Baginda, a close aide of Prime Minister Najib Tun Razak, was charged with abetting in the murder but was later acquitted. However, this did not stop the French from probing the deal.

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