• 9 months ago
八点最热报 | 打了4年官司的“华淡小违宪案”终于划下句点。随着联邦法院三司,昨天驳回2个非政府马来组织的上诉申请,前律师公会主席杨映波指出,这是非常有意义的裁决,意味着,华小淡小在马来西亚联邦宪法上是受到保护。他表示,虽然未来其他非政府组织还是可以从不同角度,试图再度挑战华小合法地位,但有了这个判决,它的过程会非常困难。(主播:萧慧敏)

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00:00 Before watching the video, let me remind you that there is more content on the Hotline.
00:05 After four years of lawsuits, the Federal Court of Human Rights
00:09 has decided to withdraw the appeal from the Islamic Education Development Council
00:14 and the Malay Writers' Association, with a 2-1 majority.
00:19 This means that the verdict of the High Court and the Appeal Court can be maintained.
00:24 In other words, the use of the word "mother tongue" in the case of the Federal Court of Human Rights
00:28 is in line with the Federal Constitution.
00:31 Since the Federal Constitution is the last threshold for an appeal,
00:34 the two Malay organizations are not allowed to appeal on this case.
00:38 Since independence, a topic that has been entangled in the Chinese education movement for many years
00:42 is the status of Chinese and Chinese education, which is often challenged by the people
00:47 who want to destroy Chinese education on this land.
00:51 Now, with the rejection of the Federal Court's appeal to the organization that challenges the legitimacy of Chinese education,
00:56 does this mean that the status of the Chinese education has been "stolen"?
01:01 From now on, no one can attempt to destroy Chinese education through judicial proceedings.
01:07 Former Chairman of the Legislative Council Yang Yingbo said on the 8th Justice Daily interview
01:11 that although the Federal Court does not allow the appeal to be made,
01:15 the method of the other party's attempt to challenge the status of Chinese education has been used up.
01:20 But it does not mean that the legitimate status of Chinese education will not be picked up again.
01:24 From now on, the issue will be solved.
01:27 He said that if other non-governmental organizations want to re-enter the court in the future,
01:32 although they cannot challenge the same terms,
01:35 they can still start from different angles.
01:38 But he emphasized that since the Federal Court has already ordered the decision,
01:41 the process will be very difficult.
01:44 The Huadangxiao siege case has won again.
01:46 Chairman of the Board of Directors Chen Youxin described it as
01:49 "an important step for China's small and medium-sized enterprises, and a landmark ruling."
01:54 He said that the independence of China case in 1980
01:57 was judged by the Federal Court of Justice
02:00 as "a violation of the Federal Constitution to use Chinese as the main teaching medium
02:04 and to refuse to establish a single state."
02:06 This gave the outside world a wrong impression
02:08 and thought that Chinese education could not use Chinese as a teaching medium.
02:12 However, the Federal Court's ruling clearly stated that
02:15 the case of the single state was unrelated to this case
02:18 and affirmed the establishment and existence of Huadangxiao
02:21 and was guaranteed by the Federal Constitution.
02:23 Because Huadangxiao already existed before independence,
02:26 it is in line with Article 152 of the Federal Constitution
02:29 to retain and continue to use the mother tongue as a teaching medium.
02:33 Deputy Minister of Education Huang Jiahe also said in an interview
02:35 that with the Federal Court's re-admission of the appeal order,
02:38 the Huadangxiao siege case has been settled.
02:41 He hopes that no more "sincere people" will pick up this topic
02:46 and try to challenge the status of Huadangxiao,
02:48 which was originally guaranteed under the Constitution since independence.
02:52 The Huadangxiao siege case, which has been in court for four years,
02:56 has finally drawn a conclusion.
02:57 With the appeal of the two non-governmental Malay organizations
02:59 rejected by the Federal Court of Justice yesterday,
03:02 the former Chairman of the Legislative Council Yang Yingbo pointed out
03:04 that this is a very meaningful ruling.
03:06 This means that Huadangxiao is protected by the Malaysian Federal Constitution.
03:11 He said that although other non-governmental organizations
03:13 can still try to challenge the legal status of Huadangxiao from different angles,
03:18 it will be very difficult to do so with this ruling.
03:21 Although this has become a temporary settlement,
03:25 anyone can still challenge the status of Huadangxiao from different angles in the future.
03:32 But if this is done,
03:34 it will be very difficult for those who want to challenge this issue in the future.
03:39 The Federal Court of Justice has already made a ruling.
03:43 Of course, the Federal Court of Justice may be able to overturn the ruling of the current Federal Court of Justice in the future.
03:50 But this situation is rare.
03:53 Since the court has already ruled that the Huadangxiao mother tongue teaching does not violate the Constitution,
03:57 if someone tries to shut down Huadangxiao in the future,
04:01 can it be regarded as a contempt of court judgment,
04:04 deliberately inciting racial emotions, and even possibly be dealt with by the law?
04:08 Lin said that the Federal Court of Justice guarantees the public the basic right to freedom of speech.
04:13 It cannot be controlled as a contempt of court just because it has issued its own opinion.
04:17 Everyone has freedom of speech.
04:19 So if a person disagrees with the court's view,
04:23 he can of course express his own opinion or criticize the court's recent ruling.
04:29 This does not mean that it is a contempt of court.
04:31 But at the same time as criticizing the ruling,
04:34 we must accept that this has already been a ruling in the highest court in Malaysia.
04:41 And this ruling has now become the law of Malaysia.
04:45 Chairman of the Board of Directors, Chen Youxin,
04:47 believes that the legitimate status of Huadangxiao is challenged by the people of the heart,
04:51 and tries to destroy the existence of Huadangxiao.
04:53 He personally thinks that it may be because Huadangxiao has been developing rapidly in recent years,
04:56 and more and more Malays and Indian parents send their children to Huadangxiao,
05:00 the proportion of non-Chinese students studying Huadangxiao is getting higher and higher,
05:03 which makes some people feel threatened.
05:05 So they have tried to stop the development of Huadangxiao three or four times.
05:08 They may think that if we don't stop it now,
05:11 and challenge us fundamentally,
05:14 it may be getting late.
05:16 Because more students, including students from the mainland of Malaysia,
05:20 have entered Chinese education and received Chinese culture training,
05:23 and understand the advantages of Chinese education to the country,
05:27 and the color of the country.
05:29 So maybe they think it's not good for a long time.
05:32 This time they are united in their own right to challenge us.
05:36 And the Minister of Education, Huang Jiahe, said during an interview,
05:39 the Federal Court made a very correct judgment yesterday.
05:42 Since the Supreme Court has made a judgment,
05:44 he hopes that no one will ever pick up the argument of abolishing multidimensional education,
05:48 or try to challenge the status of Huadangxiao.
05:51 The status of Huadangxiao is guaranteed in the constitution.
05:55 This is a useless status.
05:57 But of course, since in 2018 and 2019,
06:00 there was an extreme group that brought the case to court,
06:04 the court once again established the status of Huadangxiao.
06:07 So in this regard, we are looking forward to it.
06:09 Of course, Huadangxiao will continue to exist in the future
06:13 in this multidimensional Malaysian culture, multidimensional education system.
06:18 With the Federal Court's judgment,
06:23 the status of Huadangxiao should have a clear interpretation in the constitution.
06:27 But Chairman Chen Youxin of the Board of Directors reminded that
06:29 this does not mean that the development of Huadangxiao will be smooth in the future.
06:33 In fact, the path of Huadangxiao still faces other challenges.
06:36 For example, the short-term problems of Huadangxiao have always troubled Huasheng.
06:40 And the quality of the classroom will directly affect the development of Huadangxiao.
06:43 What Huadangxiao needs to think about and solve next is how to provide quality education,
06:48 increase the attraction to parents. These are all important parts that Huasheng should continue to pay attention to.
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