Friday, 11 August 2017

ECRL

'Malaysians should learn from past experiences of countries such as Sri Lanka and Tanzania instead of running the risk of the ECRL turning into a 'white elephant'.
Dr JOMO KS

The ECRL or the East Coast Railway Link is a subject of much controversy not just for the Billion2 RM price tag, its cost vs benefit and the debt that must be paid to China PRC many years after it has been completed. 

The project was launched with much fun fare a few days ago:


I would like to share this write by Prof. Jomo our very own world renowned Economist as appeared in the FMT:


The East Coast Rail Link (ECRL) has been touted as a “world-class game changer” which will accelerate development in the East Coast states of Peninsular Malaysia. Unfortunately, there is little evidence that it will do so, and the rationale for such claims is dubious to say the least.

We have been told that RM55 billion is being invested in the ECRL, which will be completed by 2024. All over the world, such mega projects are notorious for cost overruns, and there is no reason to believe that this project will be the exception to the rule.

The justification for the ECRL is that it will carry almost 60 million tonnes of freight yearly by 2035. This is incredible because even the KTM only carries about six million tonnes per annum with its current nationwide network.

If the projected massive surge in freight tonnage does not materialise, the project will lose even more, meaning that taxpayers for generations to come will have to massively subsidise the ECRL.

The ECRL is supposed to greatly benefit the country in so many incredible ways that defy simple logic. But will there be enough passenger traffic to support a high-speed rail link?

What kind of cargo needs such a costly high-speed haulage connection? And which high-speed railway in the world stimulates so many businesses and jobs in all the towns it will pass through at such speed, as claimed?

Will the ECRL be an expensive “white elephant” paid for by Malaysians for many years to come? 

The Kemaman-Kuantan rail-link, completed several years ago, has hardly been used to date. Are we supposed to be thankful that it cost much less than the ECRL?

Even Wan Saiful Wan Jan, the libertarian chief executive of the Institute for Democracy and Economic Affairs (IDEAS) who endorsed the Forest City project in Johor Baru, found the ECRL claims difficult to swallow in a recent article arguing for improved governance generally, especially to manage investments from China.

Honest critics are already being accused of wanting to deprive the East Coast states of development. But those with longer memories know how much Kelantan has been deprived of federal funds by Putrajaya, while Terengganu has been denied petroleum revenues and its investment fund was “hijacked” to become the now-notorious 1MDB.

China firms to profit 

Of course, the deal will be good for some Chinese state-owned enterprises.

The contract was given to the China Communications Construction Company (CCCC) after direct negotiations, without any open tender, although Malaysian companies have delivered on rail projects before. CCCC will be required to subcontract to local firms, but will remain the main contractor.

As we should have learnt from earlier arrangements, foreign firms find ways and means to bring their preferred partners in with them, using local partners to fulfil such requirements with meaningful technology transfer.

The international success of Ingress (eg. in Rayong, the “Detroit of Thailand”) contrasts sharply with the minimal development of Malaysian technological capacity and capabilities by many other Proton vendors due to their (mainly Japanese) principals’ practices.

The ECRL will be funded by a loan from China’s state-owned Exim Bank, with the Malaysian government, ie. taxpayers, serving as guarantor. Thus, the risk and liability will be completely borne by Malaysia.

So, Malaysia will essentially be borrowing money from a China bank to pay a China company to build the ECRL.

Very little of the loan will get to Malaysia as the Exim Bank loan will be used to pay CCCC. Malaysians will bear all the risk for the ECRL while the China firms are guaranteed profits by Malaysians.

Whether or not the ECRL is profitable, we will still have to repay the loan with interest. Malaysia does not have to pay during the first seven years, but after that, we have to settle it within two decades. So financially, this is essentially a loan for which we Malaysians will exclusively bear all the risks.

Economic cooperation with China?

To be clear, I am not against economic cooperation with China, and in the absence of other global initiatives to revive global economic progress, a creative, progressive and inclusive view of the Belt and Road Initiative is welcome.

Chinese railway construction companies have won contracts in open tenders all over the world due to their impressive record despite being relative latecomers.

Also, the Chinese offer of long-term credit on concessional terms is much appreciated by many poor developing countries. But the recent rapid build-up of foreign debt and the corresponding build-up of “contingent liabilities” guaranteed by the government should be of great concern. After all, all Malaysians are now taxpayers following the introduction of the GST.

Several years ago, the Chinese ambassador to Tanzania publicly apologised for the misbehaviour of Chinese firms in Tanzania specifically and Africa more generally.

Chinese officials are now more vigilant, but in China too, “state capture” by private interests has been taking place as the rich are now influential members of the ruling party, which helps explain President Xi’s anti-corruption campaigns.

Last week, the Sri Lankan government leased its new Chinese-built harbour facilities for 99 years to the Chinese government after the new port could not attract enough traffic to make the port viable and the Colombo government decided not to spend its precious revenue to service the loan from China.

This is a fate we should conscientiously seek to avoid.

Malaysia should have learnt its lesson after the recent credit rating jolt following 1MDB’s failure to service its RM2.6 billion (US$603 million) first instalment payment due to Abu Dhabi’s IPIC.

For most, “once bitten, twice shy”. Is this another case of “Malaysian Boleh”?

Jomo KS received the 2007 Wassily Leontief Prize for Advancing the Frontiers of Economic Thought.

Some thots from cyberspace:




Friday, 14 July 2017

Pakatan Harapan is born (finally)

Politics is certainly the art of the impossible where there are no permanent friends nor permanent enemies:

Former arch enemies Dr Mahathir, Anwar to lead PH into GE14
Former arch enemies Dr Mahathir, Anwar to lead PH into GE14


Dr Mahathir also announced a slew of policies that will be immediately implemented once PH comes to power.

They are:

* Abolishing the goods and services tax.

* Stabilising petrol prices.

* Focusing on reducing the people’s financial burden.

* Implementing comprehensive institutional reforms.

* Eradicating corruption.

* Forming a Royal Commission of Inquiry into the 1MBD scandal.

* Rehabilitating Felda.

My Thots:

After 60 years of UMNO dominated Barisan Nasional, I think the time is right for  change. 

Umno under Najib is not the Umno I and my family supported, that Umno we supported is not obsessed about cash. 

This Umno under Najib is getting crazier by the day, talking nonsense and offering nothing to make our beloved country a better place for our young. 

If it need a combination of Dr Mahathir and Anwar for that change to happen then I will support it wholeheartedly.

Together lets kick out the kleptokratic and corrupt Umno/BN Government and bring in Barisan Harapan to power.

Monday, 10 July 2017

To Save Malaysia, Unity is the Key to Success

'Tunku Ismail’s message is clear: Unity is the key to success. The vision is clear. Now is the time to implement it. Malaysians of regardless of race, religion, politics and region must unite to Save Malaysia'
YB Lim Kit Siang

Every one Malaysian should read this speech by YB Lim Kit Siang at a Ceramah in Seremban on Sunday, 9th July 2017 at 9 pm.

At tonight’s DAP ceramah, I am going do something unusual.

I am going to read out verbatim the cry from the bottom of the heart of one distinguished and outstanding Malaysian, as his cry resonates throughout the country, as it represents the concerns of patriotic and loyal Malaysians, regardless of race, religion, politics or region, that something very wrong is happening to our beloved country – although the Prime Minister, Datuk Seri Najib Razak, his Cabinet of 36 Ministers, and the entire UMNO/Barisan Nasional leadership does not agree with this cry and concern.

One reason why I reading verbatim the cry of Tunku Makhota Johor, Tunku Ismail ibni Sultan Ibrahim, which was first posted in Johor Southern Tigers Facebook, is because it should be compulsory reading and study by all Malaysians, not only the citizenry but also national and state leaders.

In fact, the Cabinet should schedule a special meeting of the 36 Ministers to ponder over the Tunku Makhota Johore’s cry.

Republished by Malaysiakini, under the heading “I will always pray for your stability, Malaysia”, this is what Tunku Ismail wrote:

“What’s happening to a country I used to respect? A country that I was once proud to call my home.

A country that I pray for stability. What’s happening to my beloved friend, Malaysia? I hope that one day, you’ll be okay again.

Today, I live in a country where corruption has become a tradition.

A country in which the media protects the corrupt and victimises the innocents, to sell stories.

The uneducated are being deceived, manipulated by the system and torn into pieces.

It has become a place where the rich are getting richer and the poor are getting poorer.

A place where the people no longer acknowledge facts, but rather judge by the perception of what you are wearing.

Where the actors and hypocrites are hailed as heroes while the contributors and those who are dedicated to the good cause are being ignored and perceived as villains, manipulated by the pictures they see.

It has become a place where politicians are wanting to be celebrities and sportsmen.

Where a person who can’t ride a horse or play polo can be selected to represent the country.

Where individuals who don’t even go for proper military training can become a general.

A country where the institution is slowly losing its identity.

Leaders who act with what they’re wearing, but behind closed doors, forces the government to use the people’s money to pay for their private jet, are being respected.

A country where my own race has forgotten our history, heritage and culture.

A country that abandons our local traditions such as our traditional clothes and chooses to adopt foreign customs, wanting to be like the Arabs.

A place plagued by jealousy and envy. A place where you can buy titles, and now those titles have lost its value.

Some chose to keep quiet because they themselves have skeletons in their closet.

While some like me choose to speak up because we are worried about what’s going to happen to our grandchildren and our future generations.

A country where individuals want to be politicians for their personal interest and no longer believe in serving the people and our institution.

Where being in denial and ignorant has become the way of life.

Where the deceiver gains more grounds and power.

Where the truth is being ignored and lies being acknowledged.

Honour, loyalty and being genuine no longer exist. What’s happening to you, my dear friend?

But, don’t you worry, as they are still a few that haven’t lost hope.

There are still a few that will sacrifice for our future generations.

A few that will change things from within.

The vision is clear. Now is the time to implement it. Vision without execution is a hallucination. Stay strong my friend.

You’ll be ok. You’re fortunate to have friends such as Sabah, Sarawak and other places. Be kind to them.

Respect them. Unity is the key to success.

I wish you all the best and I will always pray for your stability Malaysia.

From your friend and a good partner, Johor. The humble servant of the Sultan of Johor and the state of Johor.”

Tunku Ismail has rightly taken the pulse of the nation – that we are at the crossroads facing a crisis of nation-building as Malaysia seemed to have lost its way on the 60th anniversary of our attainment of Merdeka on 31st August 1957.

Where have we gone wrong?

As Tunku Ismail Ismail has rightly put it, Malaysia has become a country where “corruption has become a tradition”; “the media protects the corrupt and victimizes the innocent to sell stories”; “the rich are getting richer and the poor are getting poorer”; “the actors and hypocrites are hailed as heroes while the contributors and those who are dedicated to the good cause are being ignored and perceived as villains, manipulated by the pictures they see”; “politicians are wanting to be celebrities and sportsmen”; “a person who can’t ride a horse or play polo can be selected to represent the country”; “individuals who don’t even go for proper military training can become a general”; “a country where the institution is slowly losing its identity”; “ leaders who act with what they’re wearing, but behind closed doors, forces the government to use the people’s money to pay for their private jet, are being respected”; “a place plagued by jealousy and envy, a place where you can buy titles, and now those titles have lost its value” and a place where “some chose to keep quiet because they themselves have skeletons in their closet”.

Why have Malaysia become such a country sixty years after our Independent nationhood in 1957, to become a country where “individuals want to be politicians for their personal and no longer believe in serving the people and our institution”, a country “where being in denial and ignorant has become the way of life; where “the deceiver gains more grounds and power”; where “the truth is being ignored and lies being acknowledged” and where “honour, loyalty and being genuine no longer exist”?
But as Tunku Ismail rightly said, “there are still a few that haven’t lost hope” who are worried about what’s going to happen to our grandchildren and our future generations, who are prepared to sacrifice for our future generations.

Tunku Ismail’s message is clear: Unity is the key to success. The vision is clear. Now is the time to implement it. Malaysians of regardless of race, religion, politics and region must unite to Save Malaysia.

May be the first step to Save Malaysia and protect the Vision of a united, harmonious, progressive and prosperous Malaysia is for the Minister for Youth and Sports, Khairy Jamaluddin, who see nothing wrong in Malaysia being regarded worldwide as a “global kleptocracy” because of the international multi-billion 1MDB money-laundering scandal, to step down and invite Tunku Makhota to be responsible for TN 50 (National Transformation 2050) to restore Malaysia’s greatness and vision as world-class nation which is an example to the world of a united, harmonious, progressive and prosperous nation where diversities of race, religion, language and cultures are our greatest strength and assets and not our greatest weakness and liability.

Masuk ke kandang kambing mengembek, masuk ke kandang kerbau menguak.

'I sometimes feel that these people do not seem to realize that they are Malaysian citizens and that they are living in this country called Malaysia.

They appear to be living in their own cocooned, imaginary worlds, going on life in the ways they like.

Please, this is not progressive but self-restrictive.

Perhaps these people may want to emigrate one day, thinking life will be care-free and unrestricted. However, they will soon come to realize that they will be subjected to a new set of requirements, including competency in a new language.

The reality is, we are all living in Malaysia now. The official language of this country is Bahasa Malaysia, and as citizens of this country, we all need to have a reasonable command of this language, whether you like it or not.

Otherwise, you will find yourself sidelined by the society, making futile complaints on FB and feeling utterly sorry for yourself.'
Tay Tian Yan

What's so difficult about one subject?

By TAY TIAN YAN
Sin Chew Daily
I personally feel that the frustration of many Chinese Malaysians over the SPM Bahasa Malaysia requirement for civil servants has been unfounded and unnecessary.
Think about it: Does an American need to pass English proficiency test if he or she wants to become a civil servant or a doctor?
If anyone wants to get admitted into an American university or take up a public position or get a US citizenship, he or she must have some good command of the English language.
In other countries like the UK, Australia, New Zealand and Singapore, you need to have an English paper cert before you can work in a government office, whereas in China and Taiwan, you must do well in Mandarin Chinese if you want a similar post there.
But, people in these countries won't curse their governments for setting the language requirements nor think they are being unfair or ill-intentioned.
Maybe I'm wrong, but I haven't heard them complain or object, because this is part and parcel of the country's system, one of the specifications for government operations and an essential precondition in day-to-day life.
A national and official language -- be it English, Chinese, BM or otherwise -- is a constituent part that builds a nation, allowing people of different backgrounds to mingle and interact, and from there establish some common understanding and national solidarity. It is a medium for government functions.
In reality, it has very high practical values. It allows people visiting a government office or hospital to communicate with a language all can understand.
But here in Malaysia, many local Chinese have voiced up a marvelous range of excuses and conspiracy theories to oppose to the SPM Malay requirement for government positions and medical housemen.
I sometimes feel that these people do not seem to realize that they are Malaysian citizens and that they are living in this country called Malaysia.
They appear to be living in their own cocooned, imaginary worlds, going on life in the ways they like.
Please, this is not progressive but self-restrictive.
Perhaps these people may want to emigrate one day, thinking life will be care-free and unrestricted. However, they will soon come to realize that they will be subjected to a new set of requirements, including competency in a new language.
The reality is, we are all living in Malaysia now. The official language of this country is Bahasa Malaysia, and as citizens of this country, we all need to have a reasonable command of this language, whether you like it or not.
Otherwise, you will find yourself sidelined by the society, making futile complaints on FB and feeling utterly sorry for yourself.
My conclusion: Stop making a big fuss over something that has long been incorporated into our social contract and accepted as norm. There are a whole lot more meaningful things waiting for us to accomplish!
As for those public servants and doctors-to-be who do not have a pass in SPM Malay, they can always look for better prospects elsewhere. However, if they insist to keep their current positions, all they need to do is one simple thing: go and sit for SPM Bahasa Malaysia. Which is not that difficult after all, right?
My Thots:
I think this is practical advise, unless one is looking to migrate to greener pasture countries wherever that may be.

Saturday, 24 June 2017

Selamat Hari Raya Aidil Fitri

Salam Aidil Fitri
Maaf Zahir dan Batin
Ikhlas Dari
Eddy Daud

I have not been posting this whole Ramadhan because I was down with severe influenza (ARDS) and had to be hospitalised for 2 weeks. Alhamdullilah, I have recovered from the influenza but will take some time to recover my strength to normal levels. 

Berhati Hati Di Jalan Raya
Malang Tidak Berbau



and once there were three.......

Eddy Daud and Arif Eddy
Hari Raya ke 2 Tahun 2017
 @ Blue Wave Hotel Mak Long and Pak Long  Hari Raya Hi Tea

Monday, 15 May 2017

Finally somebody noticed the elephant in the room

I have my doubts and finally somebody noticed the elephant in the room:




India slams China's One Belt One Road initiative, says it violates sovereignty

excerpts:

'In a strongly-worded statement on the eve of the event, which will see participation of more than 60 countries, India escalated its opposition to OBOR, suggesting that the project is little more than a colonial enterprise, leaving debt and broken communities in its wake.


'We are of the firm belief that connectivity initiatives must be based on universally recognised international norms, good governance, rule of law, openness, transparency and equality. Connectivity initiatives must follow principles of financial responsibility to avoid projects that would create unsustainable debt burden for communities; balanced ecological and environmental protection and preservation standards; transparent assessment of project costs; and skill and technology transfer to help long term running and maintenance of the assets created by local communities.'

'Like Sri Lanka, where an unviable Hambantota port project has left Colombo reeling under an $8 billion debt, Pakistan may be headed in the same direction; Laos is trying to renegotiate a railway project, Myanmar has asked for its own renegotiation; a Belgrade-Budapest railway line to be built by China is under investigation by the EU.'


'Chinese infrastructure projects in foreign countries are typically executed by state-owned enterprises, while financing programmes, which initially appear attractive, sour quickly.'

Read in full here.

Well...I pray that the Malaysia Gomen will be able to pay for all the loans we took from China for the various infrastructure projects namely the ECRL etc. on time and do not end up like Sri Lanka.

Thursday, 4 May 2017

The PM is not a Public Officer? ....a Malaysian Lawyer disagree

'The whole concept of misfeasance in public office in Malaysia has been hijacked by a view so narrow that no misfeasance in public office action can be brought against any member of the administration of the country'

'The court had taken a pedantic analysis of the juridical nature of the Prime Minister’s office. By doing so, the whole concept of misfeasance in public office in Malaysia has been hijacked by a view so narrow, so much so now, as it stands, the law in Malaysia is that no misfeasance in public office action can be brought against any member of the administration of the country'
Azhar Harun, Lawyer

The PM is not a public officer? I respectfully disagree

I must preface this post with a disclosure.

I have known High Court judge Abu Bakar Jais for 35 years. We were classmates in the Law Faculty, Universiti of Malaya. I have no reason to question his integrity. I think he did his job honestly and to the best of his ability. He decided in accordance with what he felt was the correct position under the law.

Justice Bakar ruled on Feb 29 that the Prime Minister was not a public officer, in allowing an application by Najib Razak to strike out a lawsuit against him for misfeasance in public office.

However, I have to respectfully disagree with Justice Bakar on this one.

The thrust of his ruling is this:

a) The main ingredient for the tort of misfeasance in public office is that the wrongdoer must be a public officer;

b) The Prime Minister is not a public officer as defined by our laws; and

c) It follows that the Prime Minister cannot be sued for misfeasance in public office.
The core of Justice Bakar’s reasoning is this:

The Interpretation Act 1967 defines “public officer” to mean “a person lawfully holding, acting in or exercising the functions of a public service”. It further defines “public services” to mean “the public services mentioned in Article 132 (1) of the Federal Constitution”.

He then refers to Article 132(3) of the Federal Constitution. That article indeed says:

“The public service shall not be taken to comprise-

(a) the office of any member of the administration in the Federation or a State; or

(b) the office of President, Speaker, Deputy President, Deputy Speaker or member of either House of Parliament or of the Legislative Assembly of a State”

Article 160 (2) of the Federal Constitution states:

“Member of the administration” means, in relation to the Federation, a person holding office as Minister, Deputy Minister, Parliamentary Secretary or Political Secretary.”

So, it is obvious to the judge that under the Interpretation Act, read together with the provisions of the Federal Constitution, the Prime Minister is not a “public officer”.

Believe it or not, that is the correct position under the Interpretation Act and the Federal Constitution.

However, for the purpose of a claim in a private action for misfeasance in public office, the Interpretation Act and Federal Constitution are not relevant.

The wrong – or in legal parlance, the tort – of misfeasance in public office is a private law and the action brought by Dr Mahathir Mohamad is a private action. 

It is the same as a citizen suing another citizen for an accident. That is a private action under the tort of negligence. This tort is not a written law. Nor is it a branch of actions or claims available under public law.

The tort of misfeasance in public office is established by the Common Law. The Common Law is applicable to all of us by virtue of our Civil Law Act. This branch of laws are unwritten and the principles are derived from judicial pronouncements developed over hundreds of years.

Being so, what is and what is not public office/public officer must be determined by the court in accordance with the Common Law.

I don’t want to go into the technicalities of misfeasance in public office. Suffice if I say that this wrong or tort is about:

“The exercise of power by public official, not for the purpose for which it was given, but for some ulterior or impermissible purpose, knowing or being reckless as to whether it would damage the plaintiff.” (per Hale LJ (as she then was) in her seminal judgment in Ammoo Gottfried v Legal Aid Board (unreported, 1st December 2000).

Lord Steyn said that “the rationale of the tort is that in a legal system based on the rule of law executive or administrative power may only be exercised for the public good”, and Lord Hobhouse said that the tort concerned “the acts of those vested with governmental authority and the exercise of executive powers”.

These are stated in the locus classicus for this tort, namely, a case called Three Rivers District Council v The Bank of England that Justice Bakar himself had referred to in his decision.

At the core of this wrong is not the public office/officer in question. Rather it is the exercise of powers of “those vested with governmental authority and the exercise of executive powers”.

Lord Justice Slade, in Jones v Swansea City Council pointed out:

“It is not the juridical nature of the relevant power but the nature of the council’s office which is the important consideration.”

The court is not supposed to delve into the juridical nature of the relevant power. Rather, what is the nature of the office that is in question.

What is the nature of the office of a Prime Minister?

Is it not about making decisions diligently, rationally and honestly having in mind, at all times, the best interests of the nation and the citizenry, or in short, in the best interests of the public?
That was the question that was supposed to be answered.

Instead, the court had taken a pedantic analysis of the juridical nature of the Prime Minister’s office. 

By doing so, the whole concept of misfeasance in public office in Malaysia has been hijacked by a view so narrow, so much so now, as it stands, the law in Malaysia is that no misfeasance in public office action can be brought against any member of the administration of the country.

In addition, I have to add with respect, there is yet another glaring misapplication of the law by the court in that ruling.

The preamble to the Interpretation Act 1967 that Justice Bakar relied on says:

“An Act to provide for the commencement, application, construction, interpretation and operation of written laws; to provide for matters in relation to the exercise of statutory powers and duties; and for matters connected therewith”.

Section 2 of the Act provides:

“2. (1) Subject to this section, Part I of this Act shall apply for the interpretation of and otherwise in relation to—

(a) this Act and all Acts of Parliament enacted after 18 May 1967;

(b) all laws, whether enacted before or after the commencement of this Act, revised under the Revision of Laws Act 1968 [Act 1];

(c) all subsidiary legislation made under this Act and under Acts of Parliament enacted after the commencement of this Act;

(d) all subsidiary legislation, whether made before or after the commencement of this Act, revised under the Revision of Laws Act 1968;

(e) all subsidiary legislation made after the 31 December 1968, under the laws revised under the Revision of Laws Act 1968.

(2) PART I shall not apply for the interpretation of or otherwise in relation to any written law not enumerated in subsection (1).

(3) PART I shall not apply where there is—

(a) express provision to the contrary; or

(b) something in the subject or context inconsistent with or repugnant to its application”.
Isn’t it obvious, therefore, that the Interpretation Act is only applicable to the interpretation of our written laws?

How could the court then use that Act to define “public officer” when it is actually called upon to adjudicate on a wrong under the Common Law, an unwritten law that is applied in Malaysia? 

Meanwhile, article 132 of the Federal Constitution starts with the following:

“132 (1): For the purposes of this Constitution, the public services are:”

Isn’t it obvious that the provisions in article 132 that the court was relying on are there just for the purpose of the constitution? 

Meaning, those definitions in article 132 are only to be used when other articles in the Federal Constitution make reference to the phrase “public service”.

In other words, the definition of public service in article 132 is not meant for a general application to every law that is applied in this land unless such law clearly imports such definitions.

That is my considered opinion.

Azhar “Art” Harun is a lawyer.

I have read the learned Lawyer Azhar Harun's opinion and I think I support it lah.

Yours truly is of course a part time loyar buruk ;))

Other interesting read:

When the Federal Constitution is overused, it becomes useless

Wednesday, 5 April 2017

The attackers who attacked an MP on Parlimen ground must face the full brunt of the Law

Attack on Parliament grounds: Khalid seeks justice


KUALA LUMPUR: Shah Alam MP Khalid Samad has sought justice from the Dewan Rakyat speaker after revealing that the eight men who attacked him on Parliament grounds were charged today only under the Minor Offences Act.

Those found guilty under this act can be fined not more than RM100 each.

When contacted by FMT, lawyer Salehuddin Saidin, representing the eight accused, said the eight had claimed trial to the charges against them under Section 14 of Minor Offences Act, for provoking breach of peace.

“RM100 is the maximum fine that can be imposed under the Minor Offences Act if the accused is found guilty.”

He denied allegations that the eight had already been fined less than RM100 each.

Salehuddin added the Magistrate Court here had fixed the next mention date to hear the case for May 8.

All eight posted bail at RM500 each with a surety.

Activist and dancer Bilqis Hijjas was acquitted last year by the Magistrate’s Court under the same section for dropping balloons at a shopping mall in September 2015.

Khalid, speaking at a press conference in the Parliament building today, showed the charge sheet from the court containing the names of the eight attackers.

They were Firdaus Tajudin, Faizal Tajudin, Ariffin Mohamed, Erwan Halmi, Azmir Ahmad, Sapiah Sulaiman, Norbaiti Taha and Hasnah Razali.

The first two are believed to be the sons of Pasir Salak MP Tajudin Abdul Rahman with whom Khalid had a verbal spat in the Dewan Rakyat last November.

“The matter is taken lightly because it is seen as a small matter. The Parliament police were also attacked. They have also made a police report, but their report was not taken into consideration.

“I asked the AG (Attorney-General) to look into the case in a fair manner. This (happened) on Parliament grounds. Where is the logic (to charge them under Minor Offences Act)?” 

Continue reading here.

My comments:



Tuesday, 28 March 2017

I am a Muslim living in Johor Bahru, Peninsular Malaysia and I am opposed to RUU355

I am a Muslim living in Johor Bahru, Peninsular Malaysia and I am opposed to the RUU355 for it will divide the Blessed Malaysia that I know and God knows we are already divided enough by race and religion. 

For PAS Hadi who think that sins can be wiped out by severe deterrent sentences on earth, I tell you Islam is a compassionate religion, educating Muslims to be kind and knowledgeable people is the way to a better life on earth and the hereafter.

Pivotal role for Sabah, Sarawak MPs over Hadi’s bill
March 28, 2017

From the long-term and macroscopic perspectives, the strategy to exclude the two states has unreservedly exposed the shortsightedness of our policymakers.

The government’s takeover of the bill to amend the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) is being watched closely by the whole nation.

Now, it has been revealed that to manage the frustration among East Malaysians and the non-Muslim community in the country, the government’s version of the bill will only be applicable to Muslims in the peninsula.

The bill to amend Act 355 was originally tabled by PAS president Abdul Hadi Awang, who is also Marang MP, but was later taken over by the government.

Hadi’s private member’s bill in Parliament last year was meant to pave the way for the eventual implementation of hudud in the future, posing a severe threat to our vulnerable secular system. As such, it was strongly opposed by non-Muslims in the country as well as the people of Sabah and Sarawak.

We need to illustrate the point that not all Muslims in this country are agreeable to Hadi Awang’s motion although most of the dissident voices have come from non-Muslims and East Malaysians.

The adoption of the bill to amend Act 355 in the Dewan Rakyat will require more than just the support of Umno and PAS lawmakers.

As such, MPs from Sabah and Sarawak will play a very pivotal role in the success or failure of this bill.

Excluding Sabah and Sarawak from the bill would somewhat allay their fears and remove any excuse to oppose the bill. Therefore, it is perceived as one of the strategies to win the support of these MPs from the two Borneo states.

The problem now is that such a divisive measure could further alienate the East Malaysians and polarise the people.

It cannot be denied that the exclusionary policy is one of the most effective strategies to remove the obstacles to the passing of the bill to amend Act 355. But from the long-term and macroscopic perspectives, the move has unreservedly exposed the shortsightedness as well as recklessness on the part of our policymakers.

Once the bill is adopted by Parliament, Muslims in Malaysia will be divided into two different groups – those in Peninsular Malaysia will be subjected to the amended Act while those in East Malaysia will not be affected.

This is obviously illogical and contrary to the principle of fairness. The rift between people on both sides of the South China Sea will be further accentuated as a result of “one county, two systems”.

The argument behind the amendment to Act 355 lies with its religionisation advocacy and the detrimental effect on our existing secular system. It is imperative that East Malaysian MPs scrutinise the bill at the national level instead of looking only at its implications on the people in Sabah and Sarawak.

They must realise that once the floodgates are opened, anything could happen.
The amendment to Act 355 will have a tremendous impact on the future of this country. The attitude of East Malaysian MPs – whether they just sit on the fence and watch or register their strong and unbending opposition for the sake of this country – will be instrumental in the development of this whole thing.


Sin Chew Daily is a local vernacular publication

I hope the Johor Bahru Memeber of Parliament and other Muslim MPs understand what his/their constituents wants.

Tuesday, 21 March 2017

What will happen next to Forest City?

How China’s overseas property dream turned into a nightmare

Capital controls mean people who signed up for flats in Malaysia cannot send money from mainland

...............However, capital controls introduced by Beijing have turned the dream of a Malaysian property into a nightmare for many mainlanders.
Read in full here.