Sydney is not Soweto, its Asian migrants are not coloureds, or persons of colour - South African Australian Judge Angus Morkel Stewart's decision in Faruqi v Hanson an insult to anyone who is not white

 by Ganesh Sahathevan 








In the recent Federal Court Australia decision in  Faruqi v Hanson  Mr Justice Angus Morkel Stewart (Stewart J)  found at [242]:

I am comfortably satisfied that both groups of people in Australia that I have identified, being persons of colour who are migrants or of relatively recent migrant heritage and persons of colour who are Muslim, are reasonably likely, in all the circumstances, to have been offended (ie profoundly and seriously), insulted, humiliated and intimidated by Senator (Pauline ) Hanson’s tweet.


The case concerned   a tweet that One Nation leader Pauline Hanson directed at  Deputy Greens leader Senator  Mehreen Faruqi. Mehreen is Pakistani Muslim who continues to advocate for Pakistan as a senator of the Senate, Parliament Of Australia. 

Senator Hanson wrote in her tweet "piss off back to Pakistan" after Senator Faruqi commented on the death of Queen Elizabeth II.


While Stewart J's has handed down highly detailed, closely argued reasons for judgement, there a number of glaring problems:

a) Migrants who are not white, indeed people who are not white , do not like being called "people of colour". While that term has become fashionable, it is demeaning and strips migrants of their identity. This writer , for example, is Ceylon Tamil, and should not have to correct some so-called progressive that he is not "a person of colour".

b) Migrants who are not white can agree,and in fact share the same ideology, as Pauline Hanson and One Nation. After all, we migrated to white Australia, not some confused version of what white Australians think Asians and Asian countries are like

c) One Nation has a strong following among "migrants who are not white", and has been fielding candidates who are not white.


In short, Stewart J's judgment seems detached from the reality of Australia as it is, even if it might be in agreement with academic and Green fantasies of what Australia should be. In fact, Stewart J seems not to understand that in his judgement a Pakistani Muslim can and has been reduced to "a person of colour". 

The term "person of colour" seems to have originated,  if not has much in common with the term "coloureds" devised by South Africa's apartheid regime.  Stewart J was a successful member  of the Durban (South Africa) Bar, having been born, bred and educated in South Arica. He was admitted to the NSW BAr in 2011 and elevated to the Federal COurt in 2019. 

It does appear that Stewart J needs reminding that Sydney is not Soweto, Australia is not South Africa, and  its Asian migrants are not coloureds. While it is true that as a judge in the case Stewart J is bound by the evidence before him, but then as  a judge it is his decision whether to accept or reject the evidence, and what weight to give it. His decsision in Fauqi v Hanson gives credence to the derogatory term, "person of colour" by placing firmly within the Australian common law, quite likely giving it the status of a phrase that has judicial notice. 

END 

Comments

Post a Comment

Popular posts from this blog

"Not new or worthy of consideration" : WA Corruption & Crime Commissioner confirms but dismisses Anne Azza Aly 's referring queries about PAVE, her work to Malaysia

Image
by Ganesh Sahathevan       John McKechnie The issues raised on my related RealpoltikAsia blog in the posting:  ALP's Anne Aly's Phoenix Consulting of Dubai provides covert intel training-Who does she report to in Dubai, and then there is the matter of Malaysia....... were brought to the attention of The Hon John McKechnie QC,the current Commissioner, WA Corruption and Crime ,given the security implications that arise from the connections between PAVE and one David (Dave) Allen, currently Assistant Director Intelligence,WA CCC. McKechnie's response is as follows: Thank you for the email. I am the Corruption and Crime Commissioner. I will decide if and when Mr Allens security clearance should be reconsidered but nothing in this email is either new or worthy of consideration. The Hon John McKechnie QC Readers have now confirmation from no  less a personage than the WA CCC Commissioner himself, a former judge and QC,of the fact of Aly's Dubai connection, and her referring  
Read more

If Damien Tudehope's COVID hotel quarantine fee statements are correct, SLHD revenue reported in financial statements signed by former CEO Teresa Anderson is overstated, and false

Image
 by Ganesh Sahathevan                     Tough talking Damien Tudehope may not have the power to impose th.  bulk of his quarantine fee, if any Readers will recall that former NSW Police Commissioner Mick Fuller (now a PwC partner) said in his notice that Revenue NSW " will be charging a mandatory quarantine fee". Readers will also recall that the rormer NSW Minister For Financial Services, Damien Tudehope insisted that the quarantine fees charged by Sydney Local Health District, pursuant to the NSW Health Services Act include charges for police security. However, there is nothing  in the SLHD's financial statements for the relevant periods (see links below) to reflect any payment from the COVID quarantine fee revenue being made over to NSW Police. SLHD's revenue must then have been overstated, by the CEO concerned Teresa Anderson.  SLHD Financial Statements https://www.health.nsw.gov.au/annualreport/Publications/2020/slhd.pdf https://www.health.nsw.gov.au/annualr
Read more

Strata managers' aversion to contact with tenants can leave strata managers exposed to personal liability

Image
 by Ganesh Sahathevan      Advice for living in, or buying into, a strata community Strata managers are employed to manage strata schemes which are often home to renters as well as owners. However, in evasion of that which they are paid to do there are instances where strata managers have attempted  to evade their duties by refusing to  deal with tenants.   Even this writer can recall an instance where the strata manager warned that it was against the law for tenants to contact him directly.  The instances where strata managers have refused to deal with tenants occur when the issues raised concern fairly pedestrian maintenance issues, for example blocked plumbing and the like. Having said that, tenants do actually have a legal right to a great many things, including being informed (and presumably make representations) when strata schemes consider re-development. Strata managers who seek to stand in place of strata committees  are even more exposed to liability for the loss and and dam
Read more