An open letter to our learned Prime Minister

To our dear Prime Minister,

The public seemed to be suspicious of your political will to carry out your agenda of national reformation plan in the very beginning. Nonetheless, four key pillars of the national policy that you have initiated in the sequence as follows have started to earn you the credit for being bold enough to correct the national systemic deficiency: standardization of supervision over the delivery system of public administration (Key Performance Index), reconstruction of the structure of government (Government Transformation Plan), racial integration agenda (1Malaysia) and the latest holistic master plan in rebuilding national economy (New Economic Model, in lieu of the previous New Economic Policy and National Development Plan).

In view of the impediments that you most probably have faced within your own ruling party ie. BN-cum-UMNO, you seem to be on the right track to reform our country, notably on the part of the New Economic Model. It is indeed a brilliant masterstroke of yours by laying down the general guidelines and policies for rebuilding our national economy before heading directly into the stage of implementation and execution, as it is a hallmark of a democratic government to consult all stakeholders in an existing system before taking drastic measures to reform a nation. Eradication of rent-seekers (middlemen) in our political and economic system is the priority, as it is the root cause of corruption in public administration, divide-and-rule agenda and declining standard of public governance in Malaysia under the protectionist umbrella of race-based policy. Your bravery should be sustained firmly against the seemingly strong yet substantively empty opposition from some political opportunists.

Dear Sir, your effort of building national economic strength on the existing Economic Corridors initiated by his predecessor is worthy of mention too, as you are actually entering the realm of decentralized national economy which depends more on the liberal development of each economic cluster in different emerging industries. Nevertheless, explosion of business and employment opportunities can only be a booster for Malaysian economy if national education system can produce talents of quality in various fields. Hopefully the old National Education Policy will be reviewed so as to complement the proposed New Economic Model which demands a more dynamic and creative workforce behind the whole economy.

With much respect to your aspiration, I humbly hold the view that something is still running loose in the whole transformation plan. Rule of law is the basis for sustainable prosperity of a country. Respect for fundamental rights of the people is the ONLY answer to the challenge. I admit the fact that no legal system is perfect in this world, as social and human needs change from time to time. However a dynamic administrative law system is definitely a powerful tool to enhance the constitutional governance of a nation, as it is capable of tapping any legal and hence systemic loophole that infringes or even violates the fundamental rights of the citizens. Malaysia still falls short of that kind of mentality at virtually every level of the Government. (The Government here refers to its three branches ie. Legislature, Judiciary and Executive.) Without the right legal framework in place (including statutes, case laws and national policies), an Economy can never grow healthily on a land without Rule of Law, just like a good seed can never grow on a dry land without nourishment. My learned Prime Minister, it will be our fortune if you deem this point as the key to building Malaysia as a nation worthy of our love and passion towards it. My humble proposed plan is that the de facto Law Minister in the Ministry of Prime Minister's Department should be given a primary role in revising all antiquated laws which sometimes arbitrarily violate the constitutional rights of a citizen. No right-thinking talent over the whole world is willing to stay on a land where its government always wields a powerful sword embodied in harsh laws against its poorly protected people. This point of view should not be converted into a political issue, as it is a purely essential element of a good government. I know very clearly that my opinion on this particular point is guaranteed by Article 10(1)(a) of Federal Constitution subject to the limitations imposed by Sedition Act which in fact allows the room for voicing out comments on governmental policies under its Section 3(2). The recently amended Universities and University Colleges Act also allows me to make a public statement relevant  to my area of academic studies ie. the legal studies in this case. I have no intention to make a statement of a seditious tendency as described by the Sedition Act. Instead of that, I do this in total good faith for the benefit of our nation by exercising my constitutional rights as an undergraduate and a Malaysian citizen.

Do you see this, dear Prime Minister? Appropriate amendments to our laws (for instance the 2009 amendment of Universities and University Colleges Act in this case) have given the government a better chance to obtain a fair view from the people and youths in this country for its own improvement. Just like what John Stuart Mill has told us, the function of appropriately limited freedom of speech is the "establishment of constitutional checks by which the consent of the community, or of a body of some sort, supposed to represent its interests, was made a necessary condition to some of the more important acts of the governing power". To achieve the dream of having a sustainable and progressive nation, a correct legal regime must be put in place in the spirit of Constitutionalism.

I enthusiastically look forward to the announcement of New Economic Model at the second stage. Rhetorics may make a politician a victor for once a lifetime, but only real hard work and effort can turn a visionary leader into a great stateman who will be remembered in the sand of time.

Dear Sir, it is better for our nation to move forward now, than to let down our following generations and ourselves. You have my full support, though I know that my voice may not be heard by you.

Billions of thanks to my learned Prime Minister, if my voice does come across your ears and you do heed some of my humble views. Good luck to you and of course, also to Malaysians.

Best regards,
John Tan
A 2nd-year law student in University of Malaya