The Malaysian Bar - Comment: The moral dilemma of political crossovers http://www.malaysianbar.org.my/opinions/comments/comment_the_moral...

FRIDAY
1 9 SE P , 0 8

Facilitating the acquisition of legal knowledge by members of the legal profession and others search Search

Home About Us Directories News/Articles Laws Resource Centre Links FAQs Related Bodies Contact Us

Home News Opinions/Comments Comment: The moral dilemma of political crossovers

Forum Photos Jobs Polls Shop Law Public

Firms Awareness

Having difficulty in finding a lawyer?

Need to find a lawyer to represent you? Just click on the link for
the law firms' advertisements.

Comment: The moral dilemma of political crossovers

Contributed by Yeo Yang Poh
Hi, nizam98
To change your username and password, please click below:
T u es d ay, 1 6 S ep t emb er 2 0 0 8 0 8 :3 7 am
Update Details
As the law stands today, there is no legal impediment to
elected members of parliament crossing over to a different
Free MP Teresa Kok Parliamentary Caucus
political party or platform.

Attention is therefore switched to whether or not such

crossovers are morally permissible.

There are those who oppose crossovers simply because of their unspoken fear of losing power, or
that of a change in government. The worst kind are those who had in the past explicitly or implicitly
supported previous crossovers when it suited them.

But there are also those, among whom many good people, who argue on ground of principle that
political crossovers lack moral fibre. It is with these people that I wish to engage.

The ethical objection to crossovers may be expressed as follows. Since a parliamentarian had been
elected, by a majority of his constituents, on a particular political ticket or platform; it is logical to
suggest that those who had elected him, or at least some of them, might not have voted for him if
he was contesting under a different ticket (such as that of the party to which he now wishes to
cross). Hence, his mandate from the people might become questionable if he were to switch camp
now. In short, we could never know for sure whether or not his original mandate would be renewed if,
say, we were to have a re-election now with him standing on his new ticket. This is essentially why
crossovers are thought to be morally objectionable, even for some who consider the likely
consequences of such crossovers in our circumstances to be positive and beneficial to the
people as a whole.
Abdullah rejects calls for Parliament to convene special session
The moral dilemma involved is a real and difficult one. The solution to this dilemma, as I will Anwar asks for special parliament session
propose in this article, cannot be correctly reached by merely pursuing a single straight-path Cabinet gives nod to race relations act
approach, as has been done by some. This requires some explanation.
Anwar wants Parliament to meet by Sept 23
Oct 31 decides whether to call for defence in Altantuya murder
When considering controversial moral issues, it is sometimes easy, or even tempting, to overlook
case
one or more of the following factors:
Zaid rejects talk of leaving Umno
Zaid attends Pakatan meeting and reaffirms anti-ISA stand
(a) That only very few ethical principles are absolute in nature. Most of them have exceptions. For
Work of a spurned lover?
instance, even killing can be morally justified if it is committed out of genuine self-defence.
Relatives of slain teen lament loss, call for abductors to be
punished
(b) That many moral standards are not static. They evolve and change through time. It may, for
DAP: We prefer elections to defections
example, be difficult for us to see autocratic rule as anything other than immoral, but at one time
Caucus formed to seek release
(and for a long period in world history) it was indeed not seen as immoral.
Sept 23 hearing for Kok
(c) That much of moral right or wrong is relative to both time and circumstances. Two bills on crime prevention to be tabled
ACA probes bribery claims
(d) That when judging the morality of an act, its consequences frequently have to be weighed Zaid wants to remain as Senator
against the consequence of its omission, and vice versa. SAPP's Press Statement that it is no longer a member of the
Barisan Nasional
(e) That moral wrongs do come in different sizes. There are bigger wrongs and smaller wrongs. For Uthayakumar's habeas corpus application dismissed
example, rape is certainly far more deplorable than badmouthing someone, although both acts Lawyer claims trial to bribery charge
involve the violation of another person. This element becomes particularly important when there Opinion: Federal-state relations plagued by imbalances
exist competing ethical considerations respecting the commission of an act as compared with its 'The right thing to do'
omission.
NBA president says he did not mean to belittle judiciary
(f) That morality should not be considered in a vacuum or in abstract, but in the situational context Worried, AIG Customers in Singapore Cash Out
of the relevant act. Few situations consist of just one single moral issue that is relevant. More often Law Society to tackle top law firm
than not, there is a basket of multiple moral issues, some of them competing with one another, Man accused of being fake lawyer won't defend self
that needs to be weighed in together. A clear example would be when a group of armed men is Legal crackdown on 'suicide websites'
pursuing a pregnant lady and they stop to ask an honest farmer in which direction that lady had run,
Scalia Says U of C Law School Has Lost its Conservative Edge
and the farmer deliberately points to the opposite direction, believing that those men intend her
In praise of perversion
harm. Surely in that situation no one should criticise the farmer as immoral for having lied, even if
Rape myths: why we still believe women ‘ask for it’
his suspicion of the motive of the armed men turns out to be misplaced.
Stop making a mockery of rule of law: Let's accept gays
China lawyers call for more open bar association
(g) That the true purpose of a consideration of personal and interpersonal morality issues is not to
determine or illustrate who is (or can be) holier than thou, but to suggest and guide people’s actions
Minister: Study proposal on switch to Syariah law thoroughly (69
with the view to fostering a better society. Thus, a functional assessment of the moral value (or
comments)
turpitude) of a particular act cannot be divorced from an examination of its possible impact on

1 of 3 9/19/2008 12:41 AM
The Malaysian Bar - Comment: The moral dilemma of political crossovers http://www.malaysianbar.org.my/opinions/comments/comment_the_moral...

society, in both the long and short terms. Siri Pemikiran Kritis (Segmen Pertama), Sessi Pertama (36
comments)
I shall refer to the above collectively as “the contextual factors”. Federal Court dismisses Lina Joy's appeal (35 comments)
OPINION: Why I support the LPA amendments (31 comments)
If one examines the issue of crossovers standing alone, free from the contextual factors, it is indeed Video links CJ to 'appointment fixing' scandal (28 comments)
logical to conclude that crossovers are morally suspect because there is the uncertainty as to Amaran kepada MCA (27 comments)
whether or not a would-be party-hopper would continue to enjoy his original mandate from his 2008 Bar Council Subscription (24 comments)
electorate. Penang Bar passes resolution on SRO Enforcement (23 comments)
Judge gives lawyer dressing-down over attire (23 comments)
However, is it morally right to consider the issue of crossovers in isolation, and without regard to the OPINION: LPA Amendments - "Stupid is as stupid does" (Forrest
contextual factors? My proposition is that it is not. Gump) (22 comments)

First of all, the uncertainty over the issue of continuing mandate remains at best an uncertainty, and
is at worst a mere conjecture. No one can say that the original mandate is definitely going to be Re:Race Relations Act Needed by Siti Zabedah Kasim
reversed by the electorate if a crossover occurs and if a fresh mandate is immediately sought. Re:BCHRC Organised Visits to Kem Tahanan Kamunting by
Secondly, this uncertainty is based on a number of assumptions that may or may not be true. I will Syamsuriatina Binti Ishak
sample just two of them. One assumption is that the majority of the electorate had voted based on Re:Race Relations Act Needed by Stephen Tan Ban Cheng
their faith in the representative’s party, rather than in the representative himself. Is that really the Re:KL YLC Jamuan Buka Puasa by Richard Wee Thiam Seng
case with regard to all, or substantially all, of those who had voted for that representative? Re:Race Relations Act Needed by Siti Zabedah Kasim
Re:Race Relations Act Needed by Hamidi Izwan bin Ahmad Soffian
Another assumption is that the electorate, at the time of voting, had in mind that they would want Re:Race Relations Act Needed by Tan Chun Ming
their representative to always tow his party line no matter how important the issue is and how
Re:Race Relations Act Needed by Tan Choon Heong
abhorrent the party position is, including on issues that had not been in the contemplation of the
Re:Race Relations Act Needed by Isa Aziz Ibrahim
electorate at the earlier time of voting. Would it not be equally (if not more) reasonable to make a
Re:Race Relations Act Needed by Abdul Fareed Bin Abdul Gafoor
different assumption, namely that the electorate had voted for the representative on the basis that
they perceived him to be one possessing the maturity and ability to put the interest of the nation
show last 4hrs - 24hrs
before the interest of his party? Is it not morally proper to expect all representatives to place the
country before his party? Of course as a matter of practicality no representative should lightly break Extraordinary General Meeting of the Malaysian Bar
rank with his party on minor issues. But if it comes to crucial issues that will affect the entire future September 20, 2008 (10:00 am)
of the nation and the paramount interest of the people, and in such exceptional circumstances, what
is so morally objectionable for a parliamentarian to defect to another party if he finds (for example) Sijil Annual and PII Workshop
that the interest of the nation is being gravely compromised by his original party for the immorally September 24, 2008 (9:30 am)
selfish sake of holding on to power at any cost?

Conducting Trials in the Industrial Court

In other words, when one compares the nature and degree of the moral doubt or taint that can be September 26, 2008 (9:00 am)
cast upon the act of crossover by a representative, with the nature and extent of the immoral and
disastrous consequences that will visit upon the people by his remaining a passive participant in the
Australian Lawyers' Alliance National Conference 2008
continuation of the status quo; which act is by far, by very far, the greater evil? How can it be
October 16 (8:00 am) - October 18, 2008
morally superior or imperative for one to refrain from crossing over (thus taking care of a small moral
uncertainty), when in the process it would pave the way for a much greater moral disaster to occur?
Getting Started! Penang
October 18, 2008 (9:00 am)
Take the example of the most recent ISA arrests, including that of the journalist Tan Hoon Cheng,
and the subsequent idiotic excuses proffered that could hardly disguise the government’s real
21st LAWASIA Conference – ‘Challenging Asia’ Kuala Lumpur
motive. If a parliamentarian feels that this has gone beyond all sanity, that it threatens the entire
October 29 (9:00 am) - November 01, 2008
fabric of our society and whatever we have built over the years, that it manifests a dangerous
disregard of the interest of the rakyat, and that it would plunge the country into dark ages; why in all
Arbitration Proceedings and the Arbitration Act 2005
these circumstances should it be immoral for him to pursue and perform his duty to all Malaysians by
October 31, 2008 (9:00 am)
crossing over, if he finds that this is the best way to save the nation in a time of unusual crisis?
What is so morally unforgivable about that?
Getting Started K.L.
November 7, 2008 (9:00 am)
It is easy for armchair critics to insist that, because there is no practical way of ascertaining whether
a representative will enjoy continuous mandate from his electorate, he must refrain from crossing
over; never mind the nature or scale of the prevailing crisis facing the country. It is equally simple for Enforcement of Judgments and Execution Proceedings
February 20, 2009 (9:00 am)
Utopians to maintain that the only thing a representative in such a situation can morally do is to
resign and trigger a by-election; and in the meantime it is just too bad if he (along with others) has
View Full Calendar
to watch the country burn and its people suffer.
Add New Event

That is the result of neglecting to take into account the contextual factors.

When one takes into consideration the whole basket of moral issues, the answer will be the
opposite. 1 2 3 4 5 6

7 8 9 10 11 12 13
The solution to the moral dilemma will become obvious when one bears in mind that: (a) most
morally challenging situations have exceptions to the rule, (b) many moral values are relative and 14 15 16 17 18 19 20

also evolving, (c) one must judge a moral issue in its circumstances and by reference to its 21 22 23 24 25 26 27
consequences as compared with the consequences of the opposite act, (d) moral taints do not come
28 29 30
in one single size, and sometimes a weighing exercise is required, and (e) when applied to real-life
human situations, the purpose of moral guidance lies not in the desire to be holier than thou, but in
enabling society to proceed along a path that is more just and equitable than before.

In my view, our country is not just at crucial crossroads. It is more precarious than that. For the first
time in the nation’s history, a real opportunity for change and betterment presents itself. If missed,
no one knows how long more it will take for another opportunity to come. And while waiting for the
next bus, situations will no doubt worsen, and more human sufferings will take place.

Hence, I for one would not come down like a ton of bricks on political crossovers, when failing which
the reality is that those much more grievous and immoral acts that have oppressed the Malaysian
people for decades will continue for God knows how long more, and cause untold sufferings. Such
being the likely consequences, I do not see it as morally right to insist on absolute “correctness” in
satisfying a relatively minor (and arguable) issue, when by doing so will permit a trainload of greater
wrongs to continue to steamroll over an entire population.

Lest I be misunderstood, let me make it clear that I am not suggesting that political crossovers are

2 of 3 9/19/2008 12:41 AM
The Malaysian Bar - Comment: The moral dilemma of political crossovers http://www.malaysianbar.org.my/opinions/comments/comment_the_moral...

always morally justifiable. My point is that it would not be correct to insist, on moral ground, that Circular No 240/2008 : SSM Bulletin (Issue January-June 2008)
crossovers should be avoided in all circumstances and at all cost. Crossovers should remain the Circular No 236/2008
exception rather than the rule. But they should be judged (as to whether or not justified) not in Library Legislation Update : 16 September 2008
isolation, but by reference to the basket of moralities alluded to above, and by taking into account Circular No 235/2008 : Notice of Extraordinary General Meeting of the
all the circumstances and weighing their consequences against the likely consequences of their
Malaysian Bar
prohibition or refrain. Circular No 233/2008 : Practice Direction from the Chief Judge of Malaya
No:2/2008
Like other Malaysians, I hope for a better tomorrow. Circular No 232/2008 : Transfer of the High Court Judges
Circular No 231/2008 : British Chevening Scholarships
Yeo Yang Poh
Library Legislation Update : 11 September 2008
15 September 2008
Bar Council's Report submitted to the UN Human Rights Council
(on the eve of Malaysia Day)
Circular No 230/2008:Sijil Annual and PII Workshop

RED BOOK: Know Your Rights (English) (22423)

Email This Share Set as favourite
SRO 2005 (English) (17474)
BUKU MERAH: Polis Dan Hak-Hak Asas Anda (14333)
Comments (2) SD Format To Lodge Complaints Against Lawyers (13071)
Subscribe to this comment's feed
SRO 2005 (BM Version) (12839)
... Judgments of Dato' Nik Hahsim FCJ and Dato' Abdul Aziz FCJ in Subashini
written by Joey Ngu Yi Hui, Tuesday, September 16 2008 10:59 am v Saravanan 07 (11634)
Lawyer/Law Firm Official Search Form (11586)
Yea ... I was one of those. This article has served its purpose, I'm convinced.
USA Trafficking In Persons Report 2005 (9502)
Memorandum on Quorum (8245)
Joey Ngu Yi Hui
Tun Suffian Foundation Fund-Raising Dinner Souvenir Book - Latest
Version (8032)

It's all about wisdom and vision, not moral judgment.

Crisis in the Judiciary
written by Tan Chun Ming, Tuesday, September 16 2008 08:45 pm
Lina Joy v Majlis Agama Islam Wilayah Persekutuan & 2 Ors
Mr. N.A. Palkhivala, the Indian constitutional lawyer (page 68 paragraph 2 of his book “Our 2005 [CA]
Constitution Defaced and Defiled”) stated that: "No greater insult can be imagined to members of Video links CJ to 'appointment fixing' scandal
Parliament and the State Legislatures than to tell them that once they become members of a Walk for Justice: "When lawyers walk, something must be very
political party, apart from any question of the party constitution and any disciplinary action the wrong"
party may choose to take, the Constitution of India itself expects them to have no right for Malaysian Bar outraged by a woman detainee stripped naked
themselves, but they must become soul-less and conscienceless entities who would be driven by and forced to do ear squats
their political party in whichever direction the party chooses to push them". Fawziah Holdings Sdn Bhd v Metramac Corporation Sdn Bhd
2005 [CA]
The elected MPs represent the "Rakyat", the "Rakyat" hopes that the wisdom of the MPS lead them PKR may challenge Khairy's Rembau win
to a better future. Moral issues have nothing to do with wisdom to govern and vision for the Siri Pemikiran Kritis (Segmen Pertama), Sessi Pertama
country. Nazri launches the Red Book
New kid on the blog: Dr Mahathir @ www.chedet.com
Tan Chun Ming
OPINION: Do laws grind the poor, and rich men rule the law?
Federal Court dismisses Lina Joy's appeal
Jeffrey Jessie: Recognising Transexuals by Honey Tan Lay Ean
Mont Kiara tragedy: Parents blame Internet predator
Write comment The Role of Public Interest Litigation In Promoting Good
Governance in Malaysia and Singapore
Title Minister: Study proposal on switch to Syariah law thoroughly
The Role of the Judge in a Human Rights World, Cherie Booth
QC
Comment COMMENT: The judiciary and a study in independence
Globalisation: Access to Justice - International Covenants and
Protection of Native Rights by Datuk JC Fong, Gerawat Gala,
Stanley Eddy and Kilat Beriak
Amaran kepada MCA

Sa'adiah, Khoo, Lo & Co.:: Legal Assistants

Kamarudin & Partners:: Chambring / Attachment Student &
Conveyancing Lawyer
smaller | bigger
Aziz Hon Annuar:: Chambering Students
Subscribe via email (Registered users only) Radzlan, Low & Partners:: Conveyancing Legal Assistant
Skrine:: Chambering Students
I have read and agree to the Terms of Use.
Ghani & Co.:: Legal Assistants & Chambering Students
Chambers of Noryati Omar:: Legal Assistant
Syed Alwi & Ng & Co:: Conveyancing / Banking Lawyer &
Litigation Lawyer
Mathavan & Co:: Legal Assistant & Chambering Student
Ho & Company:: Conveyancing Legal Assistant in Melaka
Lim Kian Leong & Co:: Legal Assistant

< Prev Next >

Zarina G.T. Vanan & Associates:: Legal Assistant/Chambering
Student
[ Back ]
Raja, Darryl & Loh:: Legal Assistant
R.Sivagnanam & Associates:: Litigation Lawyers

©2002-2008 All Rights Reserved by Malaysian Bar Council, No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia Tel: +603-20313003 Fax: +603-20261313
Email: council@malaysianbar.org.my Terms of Use

3 of 3 9/19/2008 12:41 AM