Chinese tourists abducted by Philippine terrorists, to sour ties with China?

PERTH: Malaysia is not ruling out the possibility that the latest abduction case at a resort off Semporna was a deliberate act to sour the country’s relations with China, says Prime Minister Datuk Seri Najib Tun Razak.

He said the fact that one of those kidnapped was a Chinese national could complicate the situation further following the disappearance of MH370, which had mostly Chinese nationals on board.

“There may be those who are attempting to drive a wedge between China and us. They may be trying to take advantage of the situation,” Najib said after a bilateral meeting with his Australian counterpart Tony Abbott at the Commonwealth Parlia­mentary Office here.

Najib, however, believes ties with China will remain strong despite the kidnap incident.

Najib said Malaysia had sought the cooperation of Filipino authorities on the matter, while police were investigating how the incident could have happened.

A news portal had reported that rebel group Abu Sayyaf was responsible for the abduction.

Filipino military sources told Rappler.com that the two women were taken by six former Moro National Liberation Front (MNLF) members who had joined Abu Sayyaf.

In Kota Kinabalu, Sabah Chief Minister Datuk Seri Musa Aman has ordered that all available resources be directed towards solving the kidnapping case at a resort in Sem­porna.

He said the Eastern Sabah Security Command (Esscom) director-general Datuk Mohammad Mentek had briefed him on the kidnapping.

Kidnappers suspected to be Philippine militants

<< Video For the latest on the kidnapping, let´s go live to James Chau in the Malaysian capital Kuala L...

RM11.5mil the usual price for non-Filipino hostage

PETALING JAYA: The notorious Abu Sayyaf group believed to be responsible for the abduction of a Chinese and Philippine national in Sabah used to demand up to US$3.5mil (RM11.5mil) for the release of non-Filipino citizens, said a security analyst.

Prof Dr Aruna Gopinath who specialises in maritime security said the separatist group based at Basilan in the southern Philippines would typically charge a lower rate of three million pesos (RM219,000) for the release of Filipino citizens.

“The Abu Sayyaf are only interested in money and a ransom will have to be paid before they release their hostages,” she said.

Aruna said a Philippine reporter she knew was kidnapped by the group in 2011 and was held captive for 90 days.

“She met the Abu Sayyaf leaders in Basilan for an interview but was instead kidnapped by them, kept under guard in a house and given only water and two bananas three times a day.”

Aruna said a Philippine congressman eventually agreed to pay the ransom of three million pesos after which her friend was let go.

Another Moro Islamic Liberation Front (MILF) breakaway group that specialises in kidnapping is the Bangsamoro Islamic Freedom Fighters which Malaysian authorities must be alert for, said Aruna.

In a related development, the Associated Press quoted a Philippine intelligence official yesterday as confirming that the kidnapping was the work of the Abu Sayyaf group.

He said Abu Sayyaf leaders were angry because they were not brought into the peace deal between the Philippine government and MILF.

The most recent in a long list of abductions blamed on the Abu Sayyaf prior to the incident in Sabah on Wednesday was the reported kidnapping of an elementary school principal in Basilan on Monday.

- The Star/Asia News Network

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Search for missing MH370 jet could turn on robot subs

This 2011 photo provided by Sylvain Pascaud shows the ship Alucia and the REMUS 6000 robot sub during the search for Air France Flight 447....

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Search for missing MH370 jet could turn on robot subs

This 2011 photo provided by Sylvain Pascaud shows the ship Alucia and the REMUS 6000 robot sub during the search for Air France Flight 447. Unmanned subs, also called autonomous underwater vehicles or AUVs, played a critical role in locating the wreckage of the lost Air France jet, two years after it crashed in the middle of the south Atlantic. The find allowed searchers to recover the black boxes that revealed the malfunctions behind the tragedy. Sylvain Pascaud, Associated Press

Two miles down or more and darker than night, the ocean becomes a particularly challenging place for human searchers.

If the wreckage of a missing Malaysian airliner rests somewhere in the Indian Ocean's depths, then investigators will likely need to entrust the hunt at least partly to robot submarines and the scientists who deploy them to scan remote swaths of the seafloor.

Such unmanned subs, called autonomous underwater vehicles or AUVs, played a critical role in locating the carcass of a lost Air France jet in 2011, two years after it crashed in the middle of the south Atlantic. The find allowed searchers to recover the black boxes that revealed the malfunctions behind the tragedy.

That search keyed off critical information: The search area for the Air France jet was much smaller than that for Malaysia Airlines Flight 370, and the first pieces of wreckage were recovered within days of the crash.

Even then, it required two years and four deep water search missions before a team from the Woods Hole Oceanographic Institution, using an AUV equipped with side-scan sonar, located the jet about 12,800 feet (3,900 meters) underwater.

"Air France 447 is a bit different from Malaysian Air 370 in that we had a few more clues to work with," said Dave Gallo, who led the search team from Woods Hole, located on Massachusetts' Cape Cod. The independent research institution has offered its services to investigators but has not been asked to join the current search effort.

Before unmanned subs can be sent down to look for the Malaysian jet, the search zone must be narrowed considerably. That depends on finding wreckage on the surface. Officials cautioned Wednesday that search planes, which have scoured the ocean for more than three weeks without finding any sign of the downed jet, aren't certain to find any wreckage and that investigators may not be able to determine the reason for its disappearance.

The size of the search area changes daily because of factors such as currents; on Wednesday it was 85,000 square miles (221,000 square kilometers).

But if investigators can zero in on an approximate crash location, they will likely turn to AUVs to begin the methodical task of tracking back and forth across miles of ocean floor in search of anomalies that might be wreckage.

"I like to think of it as mowing the lawn. You want to cover every bit of it," Gallo said.

"You need a little bit of luck and a lot of prayer that the oceans are going to cooperate, and then off you go."

The unmanned subs used by the Woods Hole team were developed as tools to research and monitor relatively shallow coastal waters, measuring variables like salinity and temperature over wide areas for hours on end. But AUVs are increasingly harnessed to perform some of the most demanding underwater jobs.

The U.S. Navy uses them to search for underwater mines because they can stay below the surface of even very cold water much longer than any diver, without the worry of exposing a human to danger. Energy companies employ unmanned subs to survey the floor at underwater drill sites.

In 2009, California's Waitt Institute sent down a pair of AUVs that surveyed more than 2,000 square miles of South Pacific ocean bottom over 72 days in an unsuccessful search for Amelia Earhart's plane.

The area off western Australia where search planes and aircraft are looking for the Malaysian jet slopes from about 2,600 feet (800 meters) to about 9,800 feet (3,000 meters) deep. But part of the zone drops into the narrow Diamantina trench, about 19,000 feet (5,800 meters) down.

"Let's hope the wreck debris has not landed over this escarpment. It's a long way to the bottom," said Robin Beaman, a marine geologist at Australia's James Cook University.

The U.S. Navy last week sent a Bluefin-21 autonomous sub to Australia to prepare for an eventual deep water search. That sub can dive to about 14,800 feet (4,500 meters). The largest unmanned subs used by Woods Hole researchers are built to reach depths of about 19,700 feet (6,000 meters).

Searchers can also use tethered submersibles, towed by ships from cable that allows for real-time data transmission to the surface and a continuous supply of power to the vehicle. But it is a very slow process. AUVs can scan a larger area more quickly, without being affected by conditions on the surface. But they must be brought back to the surface to recharge, and for researchers to download and analyze their data.

Even so, they are much better suited to the job of deep water search than any manned sub, whose descents are limited by air, light and power, as well as safety concerns, said William Sager, a professor of marine geophysics at the University of Houston.

Sager recalled that in 2000, when he climbed aboard a sub and ventured 5,600 feet (1,700 meters) down to the bottom of the Gulf of Mexico, all those factors limited time on the sea floor to just four hours, moving at a crawl. A researcher looking out a porthole into even the clearest water with a very bright light can't see beyond 100 feet, he said.

Unmanned subs are far more flexible. When Woods Hole engineers built their first REMUS 6000 sub a little more than a decade ago, they tested it off the Bahamas by driving it down a trench the scale of the Grand Canyon, said Chris von Alt, who led the team that developed the craft and then co-founded Hydroid Inc., the Massachusetts manufacturer of the subs.

The REMUS sub — nearly 13 feet long, 1,900 pounds and mustard yellow — is equipped with sonar that can be programmed to capture images of vast stretches of seafloor and the objects resting there. Powered by a lithium battery, the unmanned subs stay below the surface for 20 to 24 hours. Scientists on the surface are now able to modify instructions to the sub via an acoustic link that allows them to look at bits of data gathered by the vehicle, von Alt said.

But they don't know what the sub has found until it surfaces and its data is fully downloaded to a computer.
The task requires patience and, for researchers whose livelihoods are focused on ocean life, a willingness to harness their expertise in a grim but necessary pursuit of answers.

"That's why you do it," von Alt said. "One of (the reasons) is, 'Why did it happen?' But the other is to get closure for the families who have suffered through the tragedy."

- Contributed by AP writers Adam Geller and Nick Perry in Wellington, New Zealand and videographer Steve Andrada in Woods Hole, Mass.

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  • Searching the vast seabed of jet hunt zone mostly flat with one trench for MH370

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•  Families filing lawsuits over MH370 while new 122 objects identified by a French satellite

• Flight MH370 ended in southern Indian Ocean! All 239 lives lost, British Inmarsat & AAIB cited, no evidence 

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• DigitalGlobe, the satellite co that provides the image of missing Malaysia Airlines Flight MH370; Australian plane fails to locate debris 
  
  

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Disturbing legal implications on sedition and 'fatwa' in Malaysia

Kassim Ahmad & Karpal Singh Two recent cases raise the issue of what amounts to sedition and why one can’t question or challenge a ‘fatwa’.

THE recent conviction of Karpal Singh under the Sedition Act and the charging of Kassim Ahmad under the Federal Territories Syariah offences law raise some disturbing questions with serious implications as to where we are headed as a democratic nation.

First, let us look at the Sedition Act. The trouble with this law, a remnant of British colonialism, is two-fold. First, its basic premise is that criticism of authority should be controlled. This in itself is already an affront to democracy.

Second is its open-ended nature. Just what exactly amounts to sedition, for example. However, up until the Karpal Singh case, I thought there was one defence in the Sedition Act that was pretty strong.

Something is not seditious if you are pointing out that the object of your criticism has done something wrong, especially in the context of their constitutional limitations. This appears so clear to me that it seemed unlikely any court could find a way around it.

Alas, that is exactly what seems to have happened to Karpal. He basically said that the decision made by the Sultan of Perak of choosing a new Mentri Besar for the state in 2009 could be questioned in court.

I can’t for the life of me see what is seditious about that. Is the Sultan limited by the Constitution and the law in the discharge of his powers? Yes, of course he is. And if there is a dispute as to whether he acted lawfully or not, could he not be questioned? Again, of course he should, for we live in a constitutional and not an absolute monarchy.

And lastly, if there is to be a questioning of the acts of a member of the royalty, is there a lawful manner with which this can be done? Again the answer is yes, because we have the Special Court which was designed specifically for the royals and inserted into our Constitution by the Government.

Even within the authoritarian nature of the Sedition Act, there seem to be limits as to what can be deemed seditious. I thought those limits were clear enough. It appears that I am wrong.

What is of concern is that even when an act clearly falls within the allowable limits of a law, this does not appear to make any difference at all. Thus, the reach of a poor law becomes even greater and all that much more oppressive.

The second thing I want to talk about is the charging of Kassim Ahmad. This case raises some serious problems with some of the Syariah laws we have in this country.

According to the Syariah Offences law of the Federal Territories, it is an offence to question and speak in contradiction to a fatwa made by the mufti.

This fatwa need not be gazetted, that is to say made into law, just its mere exclamation is enough to give it weight of law. Needless to say, fatwas which have been gazetted can’t be questioned either.

Firstly, one wonders why one can’t question or challenge a law? If a fatwa is gazetted and made into law, what makes it different from any other law? Why can’t it be challenged? I can criticise the Contracts Act so why can’t I criticise any other thing which affects my life?

But what is really disturbing is the fact that a fatwa, which is after all merely an opinion, can carry the weight of law even without going through the legislative process of debate and voting. This in effect means that one person’s words suddenly become akin to a law for we cannot challenge it and if we do we can face a fine and jail.

This is frightfully undemocratic and can lead to some horrific scenarios. What if a mufti passes a fatwa saying that any sort of dissension against the civil government is wrong?

According to the Federal Territories law, any challenge of fatwa can be punished. What kind of democracy are we living in if a person’s statement by itself can have such authority?

Much has been said about how Malaysia is edging towards a more liberal and open democracy. Laws have been repealed or changed and steps (albeit baby steps) have apparently been taken.

What these two events show is that there are still some very undemocratic laws in existence, they are still being used and any hope that we are becoming more democratic is hopelessly naïve.

Brave New World by Azmi Sharam

> Azmi Sharom (azmisharom@yahoo.co.uk) is a law teacher. The views expressed are entirely the writer’s own.