KUALA LUMPUR: Universiti Malaya (UM) cannot revoke the Civil Engineering degree it recently awarded to student activist Wong Yan Ke.
“With utmost respect, the statement by the president of the National Professors Council (MPN), Professor Datuk Dr Raduan Che Rose, that UM has the right to revoke or withhold the degree of its graduate who staged a protest during the university’s convocation ceremony on Monday is misconceived in law” said Hakam President Datuk Dr Gurdial Singh Nijar.
He pointed out that the University Senate cannot revoke a degree of its own accord, as UM is governed by the Universities and University Colleges Act 1971.
“It provides for the adoption of a prescribed Constitution, which reigns supreme. Any inconsistency with its provisions is invalid under section 8 of the Act.
“Under section 53 of the Constitution, the Board of Directors may recommend the revocation of a degree that has been awarded. But this power is circumscribed,” said the former UM Law Professor.
Nijar said that to revoke Wong’s degree, the Senate must be of the opinion that the graduate is guilty of “scandalous conduct”.
“This conduct is defined. It is when the graduate has given false information to obtain the degree.
“Then, too, the recommendation must be made by not less than two-thirds of all members of the Board. The recommendation is made to the Chancellor. The Chancellor must give the graduate an opportunity to be heard before taking any action,” he added.
Nijar said the protest by the student awarded the degree clearly does not fall within the definition of “misconduct” for which his degree can be revoked.
He said that arbitrary action of the sort advocated by the MPN, on the heels of a similar call made by a non-governmental organisation, is not only against the law but is antithetical to the values of academic freedom and the ethos of a society governed by the rule of law.
“There are other ways of engendering appropriate and respectful behaviour. In the final analysis, respect has to be earned and not imposed,” Nijar added.
On Monday, Wong, 23, courted anger when he held up a banner which accused the institute of higher learning’s vice-chancellor Datuk Dr Abdul Rahim Rashid of racism and called for the latter’s resignation.
He did this while receiving his scroll on stage at Dewan Tunku Canselor during UM’s 59th convocation ceremony.
This led to the barring of another graduate, Edan Kon Hua En, from participating in his convocation the next day, when auxiliary police found a folded placard in his possession.
Both graduates allege that there were racist elements in Rahim’s speech during the recent Malay Dignity Congress, which triggered their actions.
UM lodged a police report the next day against Wong, which led to an investigation under Section 504 of the Penal Code for intentionally insulting and provoking a person, knowing it can disrupt public peace.