Malaysian judicial appointments need reforms

All for equal justice: Tuanku Muhriz (right) holding a copy of the ‘Upholding The Federal Constitution: The Judicial Thoughts of Datuk Seri Hishamudin Yunus’ with the author Hishamudin at the book launch. — AZHAR MAHFOF/The Star 

 

KUALA LUMPUR: A more diverse and independent mechanism can be introduced when it comes to the selection of the five eminent members of the Judicial Appointments Commission (JAC), says the Yang di-Pertuan Besar Negri Sembilan.

Tuanku Muhriz Ibni Almarhum Tuanku Munawir said the persons selected must not only be independent from any form of political influence, but also be inclusive, reflecting the diversity of our multi-racial society and the composition of the Federation, namely the Peninsular Malaysia states, Sabah, and Sarawak.

“The inclusion of members from diverse and independent backgrounds will allow more stakeholders to be represented, thus broadening the expertise in the judicial appointment process whilst maintaining the commission’s independence,” he said in his royal address at the official launch of Upholding The Federal Constitution: The Judicial Thoughts Of Datuk Seri Hishamudin Yunus here yesterday.

Also present at the event was Chief Justice Tun Tengku Maimun Tuan Mat

The Negri Sembilan Ruler also reminded the audience of his recent address as the Chairman of the 260th Ruler’s Conference, where he emphasised the need to reform the existing judicial appointment process.

Tuanku Muhriz said while the main intention of the commission is to uphold the independence of the judiciary, it appears that its governing provisions may not be in accordance with such intent.

“As it stands, the prime minister appoints five of the nine members of the JAC.

“Under the Constitution, he also has the final say in the appointment of judges to the superior courts.

“We need to be guided by the principle of separation of powers of the Executive, the legislature and the judiciary.

“To achieve this, some reforms need to be considered to strengthen the independence of the commission, and ultimately, the judiciary.

“We could introduce diverse and independent mechanisms when it comes to the selection of the five eminent persons on the commission,” he said, adding that he had also been advised that it is equally important for the Judicial Appointments Commission Act 2009 to be made part of the Constitution, and not remain as an Act of Parliament.

“I urge civil society and other stakeholders to take the lead for meaningful discussions to be taken to achieve this aspiration of judicial independence as a means to uphold the Constitution, the supreme law of the land.

“Lest we forget, the rakyat go to court to seek and obtain justice.

“Be it a criminal appeal, an appeal against the decision of the government or one of its agencies, or a private matter, the public sees the courts as their avenue to seek justice,” said His Royal Highness.

“It is no surprise that the recent political developments in Malaysia have led to many discourses on the Constitution.

“Matters pertaining to governance of the nation require us to consult and be guided by the Constitution,” he said.

“Our courts have observed that the Constitution is not a mere collection of pious platitudes.

“It is the supreme law of the land embodying three basic concepts, one of them is that the individual has certain fundamental rights upon which not even the power of the state may encroach.

“In this regard, the judiciary has a constitutional role to perform as they are the guardians of the Constitution,” he said.

On the book launch, he applauded Hishamudin, a former Court of Appeal judge, whom he described as someone who has “given his life to many provisions in the Constitution, especially those 10 relating to fundamental rights”.

“His years on the Bench are remembered for his integrity and independence, which paved his unwavering commitment to uphold the supremacy and sanctity of the Constitution,” said Tuanku Muhriz.

He added that Hishamudin’s decisions, including his many significant dissenting judgments are based on his appreciation of the law, where he had elegantly embraced the ever-evolving common law principles and applied them judiciously with the sole aim of delivering justice without fear or favour.

Currently an arbitrator at the KL Regional Centre for Arbitration, Hishamudin, 73, is a law graduate from the University of London who previously served as the Malaysian Court of Appeal Judge, Chief Registrar of the Supreme Court, Senior Federal Counsel, and the President of the Sessions Court.

With 45 years of legal experience, he has written more than 750 judgments in his illustrious career. 

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US succeeds in hypersonic missile test launch, technology China has long mastered

 

 

US succeeds in hypersonic missile test launch, technology China has long mastered

 

Xinhua file photo of a B-52 strategic bomber

 

After a series of failures, the US Air Force on Monday announced that it has finally succeeded in the test launch of its air-launched hypersonic missile, a technology China has long mastered and even put on public display at a recent air show.  

The US’ scheme is to use the hypersonic missile and the recently revealed B-21 stealth bomber to penetrate China’s air defense, but the Chinese People’s Liberation Army (PLA) has what it takes to defend the country, experts said on Tuesday.

A full prototype of the Air-launched Rapid Response Weapon, also known as the AGM-183A missile, was launched from a B-52 bomber off the coast of California on Friday, and all of the objectives of the test were met, CNN reported on Monday, citing a statement from the US Air Force.

The AGM-183A is a boost-glide missile that uses a booster rocket to accelerate a projectile to hypersonic speeds, before a glide vehicle separates from the booster and uses inertia to travel to its target, CNN said.

The successful test launch of the missile came after a series of failures in testing last year, forcing the Air Force to delay the project at a time when China and Russia have shown advances in their own programs, CNN reported.

During the Airshow China 2022 held in Zhuhai, South China’s Guangdong Province in November, the PLA Air Force put on display an H-6K bomber which carried a type of missile  widely believed to be hypersonic.

China also displayed the DF-17 hypersonic boost-glide missile at the National Day military parade on October 1, 2019 in Beijing.

Russia’s Kinzhal hypersonic air-launched ballistic missile has also been reportedly deployed in combat in the Ukraine crisis.

With China and Russia taking the lead in hypersonic weapons development, the US is hurrying to build ones of its own, with the rush felt in several previous failures, a Chinese military expert who requested anonymity told the Global Times on Tuesday.

Compared with its Chinese and Russian counterparts, as well as air-breathing hypersonic missiles, the AGM-183A should not be considered very advanced, the expert said.

On December 2, the US Air Force’s next-generation stealth bomber, the B-21, made its public debut.. The US wants to use the low-end B-52 bomber which cannot penetrate air defense on its own to carry the strongly penetrative, standoff AGM-183A hypersonic missile, and use the high-end B-21 stealth bomber to drop inexpensive munitions within the opponent’s defense lines, Zhang Xuefeng, another Chinese military expert, told the Global Times.

Chinese military aviation expert Fu Qianshao told the Global Times that the AGM-183A can be intercepted before it is launched from the B-52, which is a large and slow target that can never be stealth.

Another option, which can also counter the B-21, is to attack bases and airfields where the bombers are deployed, Fu said. 

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MINIMISE THOSE UNSIGHTLY VEINS

 

 

 

Minimise those unsightly veinsVaricose veins cannot be cured, but there are treatments that can reduce their appearance and relieve discomfort.

 

chronic varicose veins cause problems ranging from solely cosmetic – women don’t like how they look – to discomfort to more severe problems such as blood clots and ulcers. — TNS

ONE out of two women and one out of three men have varicose veins.

Varicose veins are swollen blood vessels that appear under your skin’s surface in your lower body.

Blood backs up in your veins when your vein walls are weak and your valves aren’t working properly.

Your legs, feet or ankles will develop blue and purple bulges as a result.

They may be painful or itchy. The spider veins, which often surround varicose veins, are smaller red or purple lines on the surface of the skin.

While varicose veins can be unsightly and uncomfortable, they aren’t dangerous.

However, it is possible for severe varicose veins to cause serious health problems, such as blood clots.

Injections, laser therapy, or surgery can treat most varicose vein symptoms.

What causes them

As blood pressure in your vein increases, the weakened walls of your veins allow your vein to become larger.

When your vein stretches, the valves that keep blood flowing in one direction can’t function properly.

In a sluggish vein, blood pools or backs up, causing your vein to swell, bulge and twist.

Varicose veins can be caused by several factors.

As we age, our vein walls and valves become less efficient. And as the veins age, they become stiffer and lose elasticity.

Vein walls can stretch as a result of female hormones.

Varicose veins are more common in pregnant women, people taking birth control pills, and women going through menopause.

A study published by researchers at the Universitat Leipzig in Germany noted that all of the men in their study with varicose veins had higher levels of estradiol and lower levels of testosterone compared to the men with healthy veins.

In one recent study, regardless of age, the men with varicoceles (an enlargement of the veins within the loose bag of skin that holds the testicles) had significantly lower testosterone levels than the men without them.

There is a family history of this condition (it runs in families).

Varicose veins are more likely to develop in people who use tobacco products.

Sometimes, blood vessels are pressed by excess weight (obesity).

Standing or sitting for long periods of time decreases circulation.

Blood flow can be decreased by wearing restrictive clothing, such as girdles or pants with tight waistbands.

Pressure in the veins is increased by certain health conditions, such as severe constipation or certain tumours.

Usually, varicose veins appear as gnarled, blue or purple veins just under the skin’s surface.

Look out for these signs

Symptoms include:

> Bulging veins: Twisted, swollen, rope-like veins are often blue or purple.

They appear just below the surface of the skin on your legs, ankles and feet. They can develop in clusters. Tiny red or blue lines (spider veins) may appear nearby.

> Heavy legs: After physical activity, your legs may feel tired, heavy, or sluggish.

> Itching: Varicose veins may itch around the area.

> Pain: Your legs may be sore, achy, or painful, especially behind your knees. Muscle cramps may also occur.

> Swelling: Your legs, ankles and feet can swell and throb.

> Skin discolouration and ulcers: Leaving varicose veins untreated can cause brown discolourations on the skin.

Venous ulcers (sores) can result from severe varicose veins.

Are varicose veins common?

Varicose veins affect around a third of all adults, and are more common in women than in men.

Spider veins are commonly misdiagnosed as varicose veins, but there is a difference.

Varicose veins are thicker and larger than spider veins, which resemble red or blue spider webs or branches of trees.

They appear close to the skin’s surface.

There is usually no pain associated with spider veins and they can appear behind your knees, on your feet, or on your face.

On the other hand, varicose veins affects only the legs and feet.

They develop on the lower half of the body, usually in the calves, ankles and feet.

Sometimes, varicose veins can develop in the pelvis (pelvic congestion syndrome), especially in women who have had children.

In men, varicose veins in the testicles can cause infertility.

How a diagnosis is made

During a physical examination, healthcare providers can diagnose the condition.

Your veins will be felt and examined while you sit and stand.

Ultrasounds can show how your valves are working and if there are blood clots.

Varicose veins may not be preventable.

By living an active, healthy lifestyle, you can reduce your risk of developing them.

The following measures are recommended by healthcare providers to prevent and treat varicose veins:

> Avoid long periods of standing: If you work on your feet all day, take frequent breaks to stretch and walk around.

> Elevate your legs: Keeping your feet above your waist will increase blood flow to your heart. 

 > Stay active: Avoid sitting for too long and move frequently to improve circulation. 

> Try compression stockings: They compress your veins and help blood circulate, preventing varicose veins from getting worse. > 

Wear clothes that fit properly: Make sure your waistband isn’t too tight to encourage blood flow.

> Maintain a healthy weight: Losing excess pounds reduces blood vessel pressure.

> Quit tobacco use: Smoking damages blood vessels, reduces blood flow, and causes a variety of health problems.  

Treatment options 

Varicose veins cannot be cured, but these treatments can reduce their appearance and relieve discomfort:

> Injection therapy (sclerotherapy): Medical professionals inject a solution into your veins so that the vein walls stick together as a result of the solution.

Eventually, your vein turns into scar tissue and fades away.

> Laser therapy: Endovenous thermal ablation is a minimally invasive procedure that closes off damaged veins with the use of a catheter (a long, thin tube).

> Vein surgery: A vein is ligated or stripped during these procedures to prevent blood from pooling.

The vein may be removed (stripped) to prevent varicose veins from returning.

Do be aware that treatments for varicose veins have side effects.

The side effects associated with sclerotherapy include redness or bruising for a few days where a needle went into your skin; lumps or hardness for a few months; brown areas (for several months) on skin where the needle touched; and the possibility of developing new varicose veins after sclerotherapy.

After endovenous ablation, varicose veins can also occur again in half of the people who have surgical stripping.

Potential side effects of this treatment include injury to a nerve, deep vein thrombosis (a blood clot in a vein deep inside your body), skin burns, scarring and infection.

Should I just live with it?

Varicose veins aren’t usually dangerous, but you should see your healthcare provider for an examination.

It’s possible to treat varicose veins if you are worried about how they look or if they are uncomfortable. Your provider should be consulted as soon as possible if your skin or veins are painful, red or warm to the touch, swollen, bleeding or discoloured.

Varicose veins affect millions of people.

For most of them, they do not pose a serious health risk.

At-home remedies and lifestyle changes can relieve symptoms and prevent them from getting worse.

You can reduce varicose vein pain and improve their appearance with safe and minimally invasive treatments.

Remember that it’s not just you who suffers from this condition.

Sometimes varicose veins can be prevented with improving the levels of testosterone with testosterone replacement therapy.

Understand that despite treatment, varicose veins can return.

If you are not sure which treatment is best for you, speak with your healthcare provider.

by Datuk Dr Nor Ashikin Mokhtar is a consultant obstetrician and gynaecologist, and a functional medicine practitioner. For further information, email starhealth@thestar.com. my. The information provided is for educational and communication purposes only, and it should not be construed as personal medical advice. Information published in this article is not intended to replace, supplant or augment a consultation with a health professional regarding the reader’s own medical care. The Star does not give any warranty on accuracy, completeness, functionality, usefulness or other assurances as to the content appearing in this column. The Star disclaims all responsibility for any losses, damage to property or personal injury suffered directly or indirectly from reliance on such information.