PEOPLE'S POWER: July 2010

Keluarga Hindu diugut & dinafikan kebebasan hak beragama dan penganiyaan oleh JAIM

Date : 31^th July 2010

YAB. Dato Seri Najib Razak
Prime Minister of Malaysia,
Blok Utama Bangunan Perdana Putra,
Pusat Pentadbiran Kerajaan Persekutuan,
Fax: 03-88883444 62502
Putrajaya
E-Mail: najib@pmo.gov.my

Y.B Dato’ Seri Hishammuddin Tun Hussein,
Menteri Kementerian Dalam Negeri,
Kementerian Dalam Negeri,
Blok D1 & D2, Kompleks D,
Pusat Pentadbiran,
Kerajaan Persekutuan,
Fax: 03-2693 3131
62546 Putrajaya
E-Mail: menteri@moha.gov.my

Y.B. SENATOR MEJAR JENERAL (B)
DATO’ SERI JAMIL KHIR BIN BAHAROM
Minister in The Prime Minister’s Department,
Level 9, Block D7, Parcel D,
Federal Government Administrative Centre,
Fax: 03-8888 4952
62519 PUTRAJAYA.
E-mail: menteri@islam.gov.my

YAB/Y.B, Per: Keluarga Hindu diugut & dinafikan kebebasan hak beragama dan penganiyaan oleh JAIM

Merujuk kepada perkara yang tersebut diatas kami membawa kepada perhatian pihak tuan berkenaan satu keluarga Hindu yang dipaksa memuluk agama Islam berikut:-

Nama Hindu	Nama Islam yang dipaksa	No KP dan status yang dipaksa
Rani (Ibu)	Jamilah Binti Kadir	640425-10-7934 (Islam)
Muniandy a/l Munusamy (ayah)	Mustapha Muniandy bin Abdullah	K/P 5702390 (Islam) 580913-10-6023
Vijaya Letchumy a/p Muniandy (anak)	Aishah Binti Mustapha Muninady	830321-10-5894 (Hindu)
Ganesan a/l Muniandy (anak)	Abdul Bin Mustapha Munindy	840917-10-6037 (Islam)
Nagendran a/l Muniandy (anak)	Hamzah Bin Mustapha Munindy	861101-43-5877 (Islam)
Chitradevi a/p Munindy	Chitra Devi Binti Mustapa	940425-10-6354 (Islam)

Mereka sekeluarga ini adalah penganut ugama Hindu yang dianiyai oleh Jabatan Agama Islam Melaka (JAIM). Mereka mengamalkan ugama Hindu dan hidup sebagai orang Hindu. Selama 18 tahun yang lampau mereka telah berjuang supaya nama dan status agama Islam dalam Kad Pengenalan mereka ditukar.

Kronologi Rani (Jamilah Binti Kadir) adalah anak perempuan kepada Aminah A/P Ahmadu & ayahnya Abdullah Kadir A/L Abdullah yang berasal dari Banting, Selangor. 16 hari selapas Jamilah dilahirkan, Ibunya telah menyerahkan Rani kepada jiran mereka bernama Kandasamy(Hindu) sebagai anak mereka.

Rani dibesarkan sebagai seorang Hindu dan pada umur 16 tahun Rani telah dikahwinkan dengan Munindy a/l Munusamy. Mereka berkahwin secara sah disisi ugama Hindu di Kuil Teluk Bunut Banting dengan adat istiadat Hindu. Mereka telah tidak mendaftarkan perkahwinan mereka.

Kehidupan keluarga mereka menjadi kucar-kacir setelah Rani mengandung dan beliau pergi ke hospital Seremban untuk pemeriksaan doktor pada tahun 1983. Pada masa tersebut jururawat hospital tersebut telah mendapati kad pegenalan Rani sebagai orang Islam. Pihak hospital telah melaporkan perkara ini kepada pihak polis. Pada malam itu pegawai daripada Jabatan Agama Islam Negeri Sembilan telah datang kerumah Rani dan beliau memeriksa Kad Pengenalan mereka lalu menahan suaminya Muniandy dan diugut jika beliau tidak memeluk ugama Islam beliau akan dipenjara untuk 6 tahun. Kerana tekanan, ugutan dan tidak mahu dipenjara 6 tahun Muniandy takut dan telah tunduk kepada kehendak Jabatan Agama Negeri Sembilan dan dia telah disunat pada hari yang sama.

Selepas daripada itu Jabatan JAINS telah membawa Rani dan Muniandy untuk berjumpa ibu kandung Rani. Ibu kandung Rani iaitu Aminah A/P Ahmadu telah megesahkan dan membenarkan anaknya Rani dibesarkan oleh keluarga angkat secara Hindu. Namun pihak JAINS enggan menerima alasan ibu Rani dan JAIM menikahkan mereka secara paksa.

Rani sekeluarga telah berpindah ke Melaka pada tahun 2000 dan telah pergi ke JAIM dan Jabatan Pendaftaran Negara (JPN) (dengan membawa surat akuan bersumpah yang menyatakan bahawa beliau sedang mengamalkan agama Hindu) lebih-kurang 18 kali untuk tukar status agama mereka tetapi pihak berkenaan tidak peduli dengan kehendak mereka.

Ibu Rani, Aminah A/P Ahmadu telah menulis surat akuan (dilampirkan besama) kepada Ustaz Liew dari Masjid Al-Azim, Melaka:-

Walaupun Rani telah dinikahkan mengikut agama Islam, mereke masih mengamalkan upacara orang Hindu dan tidak pernah mengikut upacara dan adat resam orang Islam. Sejak lahir hingga sekarang anak saya masih meneruskan kehidupannya sebagai orang Hindu dan tidak pernah mengikut upacara ataupun adat resam orang Islam. Aminah memohon kepada JAIM supaya membenarkan Rani untuk terus mengamalkan agama Hindu.

Selepas surat akuan Aminah A/P Ahmadu bertarikh 10/03/2008 ini kepada JAIM, Ustaz Liew dan rombongan telah meziarah kediaman Rani dan mengesahkan bahwa Rani dan sekeluarga mengamal agama Hindu. Dua minggu kemudian Ustaz Liew memanggil keluarga ini ke Masjid Al Azim dimana Rani, Vijaya Letcumi, Ganesan, Nagendran dan Chitra ditemuduga berasingan oleh pegawai JAIM.

Pegawai yang temuduga Rani cuba merasuahkannya dengan jawatan dalam kerajaan, bantuan kabajikan dll kalau mereka terus berstatus dalam Islam. Rani menolak dan menyatakan yang beliau tetap akan mengamalkan agama Hindu. Pegawai JAIM tersebut telah naik berang dan terus ugut Rani bahawa dia akan dipenjarakan kerana ini. Lalu Rani telah berkata “walaupun saya dipenjarakan, saya tetap akan berpegang kepada agama Hindu”. Selepas temuduga, pegawai JAIM mengesahkan Rani sekeluarga mengamalkan agama Hindu. Uztaz Liew memberitahu yang beliau akan memberi jawapan dalam dua (2) minggu namun selepas itu tiada jawapan. Selepas 2 minggu anak Rani bernama Ganesan telah pergi ke JAIM dan berjumpa dengan seorang pegawai bernama Nazri (012-7117098) Apabila ditanya Nazri dengan angkuh telah memberitahu Ganesan yang mereka tidak boleh buat apa-apa dan suruh dapatkan peguam membela mereka.

Minggu berikutnya Rani pergi ke JAIM dan berjumpa Ustaz Liew (017-2538968). Rani sekali lagi merayu namun Ustaz Liew hanya menyuruh mereka untuk terus amal agama Hindu dan hanya masa meninggal dunia pihak JAIM akan ambil dan kebumikan mayat mereka sebagai orang Islam. Adakah ini cara seorang Ustaz mencari penyelesai bagi keluarga Rani?

Kini Ganesan telahpun berkahwin dengan seorang wanita yang berugama Hindu dan isterinya sedang mengandung tetapi kad pegenalan Ganesan berstatus Islam. Rani memberitahu kami bahawa Ganesan sedang mengalami tekanan jiwa dan mahu membunuh diri olehkerana masalah paksaan memuluk kepada ugama Islam ini. Jika apa-apa berlaku pada keluarga Rani, pihak JAIM dan kerajaan Malaysia harus bertanggungjawab atas musihbah yang melanda mereka. Sehingga ke hari ini hanya Vijaya Letchumy seorang sahaja yang telah berjaya menukar status agama beliau dari Islam kepada Hindu.

Artikel 11 Perlembagaan menjamin kebebasan berugama. Setahu kami tidak ada paksaan dalam Islam. Kami ada pengetahuan mengenai hadis Nabi s.a.w. yang berbunyi “kepada kamu ugama kamu kepada aku ugama aku”.

Kami meminta kerjasama dan tindakan awal daripada pihak Yang Amat Berhormat / Y.B agar mendapat satu penyelesaian segera setelah 18 tahun penderitaan keluarga ini untuk meneruskan kehidupan mereka sebagai orang Hindu dan mengikut adat resam Hindu yang telah diamalkan selama ini.

Kerjasama daripada pihak tuan amatlah dihargai.

Sekian, Terima Kasih.

Yang benar,

S. Jayathas
(012 – 636 2287)
Ketua Penerangan Pusat,
HRP dan HINDRAF

c.c: Tan Sri Mohd Sidek bin Haji Hassan
Ketua Setiausaha Negara Pejabat
Ketua Setiausaha Negara
Aras 4, Blok Timur,
Bangunan Perdana Putra
Pusat Pentadbiran Kerajaan Persekutuan
No Faks: 03-88883382
62502 Putrajaya
Email: ksu@moha.gov.my

Dato’ Sri Mahmood bin Adam
Ketua Setiausaha,
Kementerian Dalam Negera,
Aras 12, Block D1,
Kompleks D,
Pusat Pentadbiran Kerajaan Persekutuan
62540 Putrajaya
No. Faks: 03-88891758

Dato’ Haji Wan Mohamad Bin Dato’ Sheikh Abdul Aziz
Ketua Pengarah JAKIM
Aras 9, Blok D7,
Parcel D,
Pusat Pentadbiran Kerajaan Persekutuan
No. Faks: 03-88892033
W.P. Putrajaya
E-mail : wan@islam.gov.my

High income with articial inflation will hurt more

1. The Government has announced the intention to make Malaysia a high income country. I assume this means people will receive high wages, salaries and profits.

2. But if wages and salaries are to be increased by the private sector, the cost of doing business would have to increase as well. To cover this increase, prices of products must be increased. This will mean that the consumers will have to pay higher prices for whatever they purchase. There would be, by definition, inflation.

3. The increase in prices of goods and services should cover the higher wages and salaries and the profit margins from the business. But this will not be all. The cost of transport, fuel and raw materials would all increase as these businesses will also experience increased overhead costs as they too will have to increase wages etc. So the increase in product prices must also cover these costs.

4. Generally the cost of living would increase as prices increase. The rise in income may not increase the purchasing power of the wage earners. Higher incomes would not mean anything then. We know of many countries where people get higher incomes in terms of currency units but are extremely poor.

5. If there is to be an increase in income, it must be carefully managed so that it would result in increases of purchasing power and not just more money.

6. This can happen because the added cost of doing business may trigger unreasonable increases of prices for raw materials, goods (products) or services. For example a 10% increase in wages and salaries should not result in an increase of 10% in the prices of goods and services. This is because wages and salaries do not constitute the total cost of production.

7. Their contribution to cost of production varies. This has to be determined by careful scrutiny of all the cost of production including material cost, power cost, transportation, advertisement and promotion costs etc. If it is found that wages and salaries at all levels make up 20% of the cost of production, then a 10% increase in wages should contribute only 2% to the cost.

8. Similarly the increases in the other costs i.e. power, material, transport etc may increase by a much smaller percentage according to their percentage contribution to the cost. Assuming that together they contribute 50% of the cost, but the increase in their prices is 5%, i.e. 5% of 50% = 2½ %, the total increase in cost inclusive of wages and salaries should be 4½ %, or say 5%.

9. Thus the increase in wages by 10% will not increase overall cost by 10% but will only increase by 5%, after including increases of other costs.

10. The margin of profit varies. For wholesale and fast moving items the margin can be as low as 2%, while for some slow-moving luxury goods the margin may be as high as 300%. Assuming that the cost of production increases by 5% for a 10% increase in wages and salaries, there can be justification for only a 5% - 6% increase in price of products and service for those with low profit margins. For high profit margins there should be no increase in price at all.

11. The wage earners with a 10% increase in income should therefore have a 5% increase in purchasing power only; not 10%. In other words their increase in income would make them only slightly richer. Still with increase in purchasing power they would be able to contribute more to businesses. Eventually the Government would earn more by way of taxes to pay for the increases in wages and salaries in the Government service. Generally economic activity would be enhanced and there would be growth as the salary bill in Malaysia runs into hundreds of billions every year.

12. The above are some of the ways for preventing unfair cost increases when wages and salaries are raised. But there are also many other ways of reducing costs so that the cost of goods and services to the consumer is not increased much as a result of increasing incomes.

13. In manufacturing, a careful study of cost can result in ideas on cost cutting. The Japanese "Just In Time" manufacturing process is a good example. In this system the parts and components are produced just in time for them to go into the assembly of the final products. This eliminates the cost of storage and holding costs.

14. Automation and robotics are costly but they can work 24 hours a day and would reduce the cost of the three shifts of work by workers in one day. In ship-building, whole sections of the ship can be produced separately and then assembled. A lot of time can be saved this way. And time means money.

15. The classic case of reducing cost was invented by Henry Ford - namely mass production on assembly lines. Economies of scale can also contribute to lowering costs. We see the progress in retailing goods. The single specialised shops have given way to the supermarkets. Now the supermarkets are being replaced by the giant wholesale hypermarkets. These help increase volume and lower purchasing costs. Self-service also help to reduce costs in restaurants and supermarkets.

16. Various electronic devices can help in reducing costs. Because of additional capital needed for these devices, they contribute much when the volume is big.

17. Incomes can also be increased by better education and training. It is said that the Korean worker is three times more productive than the Malaysian worker. This is not just due to education and training but more because of work ethics. Obviously when a worker is more productive he should be paid higher wages.

18. Most manufacturing activities add higher value to basic material. Generally exporting raw material gives less return than exporting manufactured products. But other costs have to be taken into consideration.

19. The Malaysian strategy on industrialisation is also not conducive to reducing costs. Japan and Korea acquire foreign technologies and set up their own companies to produce their own products.

20. Malaysia adopted a different strategy. To create jobs for a large number of the unemployed, foreign investors were invited to set up labour intensive industries. Naturally wages were very low. Increased profits for the foreign owned industries did not necessarily result in increased income for Malaysian workers.

21. Over the years Malaysians had acquired the skills in manufacturing and the capital to invest. Today there are a lot of successful Malaysian companies. Should the Government help these Malaysian industries to grow they can become world class players. This means better income for the Malaysian entrepreneurs and better wages for the Malaysian workers.

22. We must not follow the route taken by the developed countries of the West to achieve high income. In the days when technology was exclusive to the European countries and North America increases in wages were largely due to the demands of the workers. To cover the increased cost of production prices were raised quite indiscriminately. This was sustainable when the Europeans were the only producer of manufactured goods.

23. But then the countries of East Asia, began to produce almost all the products of the West at lower cost. The workers of the West continued to demand for continuous increases in their wages. Very soon the high prices for their products caused them to lose the market.

24. Malaysia must never take this route in order to achieve high incomes. Instead it should study the other ways of increasing incomes which will not lead to inflation and loss of purchasing power.

01/08/10

Kit Siang tells MCA to be neutral in PKFZ scandal

KUALA LUMPUR: Lim Kit Siang told political foes MCA to uphold the public’s interest while their ex-president Tun Dr Ling Liong Sik faces trial for his alleged role in the Port Klang Free Zone (PKFZ) scandal.

The DAP advisor said that MCA, as a component of the federal government, must show equal concern for the public.

“MCA leaders, including Housing and Local Government Minister Datuk Seri Chor Chee Heung, lined up to give support to former MCA President and Transport Minister, Tun Dr Ling Liong Sik after he was charged with cheating the Cabinet in the RM12.5 billion Port Klang Free Zone (PKFZ) scandal.

“Without commenting on Ling’s case, Malaysians are entitled to expect that MCA Ministers and leaders should show at least equal concern for Justice for 27 million Malaysians who are victims of the RM12.5 billion PKFZ scandal than Justice for Ling Liong Sik,” he said in a press statement.

On Thursday, Dr Ling was charged with cheating. The charges concern land evaluations under the penal code with the principle charge under section 418 with the alternative charge being 417.

Punishment for offences under section 417 carries a jail term of not more than five years and not more than seven years under section 418.

According to the penal code, section 418 concerns “Cheating with knowledge that wrongful loss may be thereby caused to a person whose interest the offender is bound to protect” while section 417 concerns “Punishment for cheating.”

Lim questioned if MCA is sincere in tackling the PKFZ problem.

“What have the MCA national leadership, and in particular the four MCA Ministers, done to ensure justice for the 27 million Malaysians in connection with the PKFZ scandal?

“Did the MCA national leadership and the MCA Transport Minister Datuk Seri Kong Cho Ha prioritise the interests of the 27 million Malaysians when he overrode the decision of the Port Klang Authority (PKA) and directed it to pay its PKFZ bond obligation of RM222.58 million to Kuala Dimensi Sdn Bhd (KDSB) special purpose vehicle Free Zone Capital Bhd (FZCB)?” he said.

He also asked if the party agrees with Datuk Seri Ong Tee Keat statement which contradicted with his successor, Datuk Seri Kong Cho Ha.

“Does the MCA national leadership and the MCA Cabinet Ministerial bloc agree with former MCA President and Transport Minister Datuk Seri Ong Tee Keat that it is ‘a foolhardy move’ to ‘pay according to what has been decided much earlier, according to the schedule that was set a long time ago’, ignoring latest developments, new facts and ‘missing link’ in the PriceWaterhouseCoopers Advisory Services report,” he said.

Lim stressed that MCA must prove that Ong’s allegations are wrong by suspending of PKA payments to KDSB special purpose vehicles and ensure that the “big fishes” are hauled for corruption.

“The present MCA national leadership and the MCA Ministerial bloc must prove the former MCA President and Transport Minister wrong in his serious charge that they are party to sweeping the dirt under the carpet,” he said.

The government recently ordered the Port Klang Authority (PKA) to honour its final bond obligation of RM222.58 million to Freezone Capital Bhd (FZCB), despite the board’s ongoing suit against turnkey contractor Kuala Dimensi Sdn Bhd (KDSB).

The transport ministry said PKA would have to make payment to special purpose vehicles as set out in the payment schedule.

In making the decision, the Transport Ministry said, the government had taken all relevant factors including the government’s commitment to bondholders, and PKA’s obligations under the agreements signed.

PKA had also given an undertaking to make payment to the special purpose vehicles, it said in a statement today.

Transport Minister Datuk Seri Kong Cho Ha had said that the ministry would stick to the original schedule set before, which stipulates that the board had an obligation to fulfil a final payment of RM372 million, a second part of the RM723 million repayment due to bondholders this year.

Of the total, PKA is obliged to pay RM222.58 million to FZCB and the remaining RM150 million to Special Port Vehicle (SPVB) by July 31 this year.

It was reported that the PKA board had decided to hold back on its final payment to FZCB, one of the four special-purpose vehicles (SPVs) that was established by KDSB, the turnkey contractor for the troubled Port Klang Free Zone (PKFZ) project.

KDSB is now facing a suit of RM1.4 billion by the PKA for, among other things, allegations that it had made bloated claims for work done on the project.

Lim Kit siang
01/08/10

Ku Li wants BN to be multi-racial party

KUALA LUMPUR: Tengku Razaleigh Hamzah today called for the ruling Barisan Nasional (BN) be turned into a multi-racial party through direct membership.

The outspoken Umno veteran said that poeple must rid itself of racial politics if the country was serious in 1 Malaysia.

“So let us take 1 Malaysia seriously, and convert Barisan Nasional into a party open to all citizens. Let it be a multiracial party open to direct membership.

“PR will be forced to do the same or be left behind the times. Then we shall have the vehicles for a two party, non-race-based system,” the Gua Musang MP said during the 4th Annual Malaysian Student Leaders Summit here.

Tengku Razaleigh, affectionately known as Ku Li, pointed that racial politics has turned Malaysia into a sick country.

“It is time to realise the dream of Dato’ Onn and the spirit of the Alliance, of Tunku Abdul Rahman. That dream was one of unity and a single Malaysian people. They went as far as they could with it in their time. Instead of taking on the torch we have reversed course.

“The next step for us as a country is to move beyond the infancy of race-based parties to a non-racial party system. Our race-based party system is the key political reason why we are a sick country, declining before our own eyes, with money fleeing and people telling their children not to come home after their studies,” he said.

The Kelantan prince said that the Najib administration must implement policies reflective of 1 Malaysia.

“Let us see the Government of the day lead by example. 1 Malaysia is empty because it is propagated by a Government that promotes the racially-based party system that is the chief cause of our inability to grow up in our race relations.

“Our inability to grow up in our race relations is the chief reason why investors, and we ourselves, no longer have confidence in our economy. The reasons why we are behind Maldives in football, and behind the Philippines in FDI, are linked,” Tengku Razaleigh said.

Tengku Razaleigh said that the public must not fear to question the political status quo.

“It’s not conservative or liberal to ask for an end to having politics, economic policy, education policy and everything and the kitchen sink determined by race. It’s called growing up,” he said.

He added that the country’s politics scenario has confined the public to a “racialised worldview.”

“Today we are no longer as united as we were then. We are also less free. I don’t think this is a coincidence. It takes free people to have the psychological strength to overcome the confines of a racialised worldview. It takes free people to overcome those politicians bent on hanging on to power gained by racialising every feature of our life including our football teams,” he said.

Tengku Razaleigh said that both BN and Pakatan Rakyat (PR) are responsible to ensure the country progress from communalism and race politics.

“If Umno, MIC or MCA are afraid of losing supporters, let them get their members to join this new multiracial party. Pakatan Rakyat should do the same. Nobody need feel left out. Umno members can join en masse.

“The Hainanese Kopitiam Association can join whichever party they want, or both parties en masse if they like. We can maintain our cherished civil associations, however we choose to associate. But we drop all communalism when we compete for the ballot. When our candidates stand for Elections, let them ever after stand only as Malaysians, better or worse,” he said.

01/08/10

Did Liong Sik cheat the Cabinet or did the Cabinet cheat Malaysians?

Former Transport Minister and MCA president Tun Dr Ling Liong Sik has denied that he conned the Cabinet about what transpired in the PKFZ matter. The crux of the whole matter is was the Cabinet in the know and did the Cabinet endorse whatever was going on or was Liong Sik acting alone without the Cabinet’s knowledge? Let the Cabinet Papers tell the story.

Dr Ling denies cheating Govt over PKFZ scandal

Former Transport Minister and MCA president Tun Dr Ling Liong Sik has become the highest-ranking person yet to be charged with cheating the Government over the Port Klang Free Zone (PKFZ) scandal and he pleaded not guilty.

The party stalwart — the fifth person to be charged over the PKFZ saga — is out on a RM1mil bail after appearing at the Sessions Court here yesterday.

Accompanied by his wife Toh Puan Ena Ling and sons Hee Leong and Hee Keat, Dr Ling later told reporters that he had faith in the country’s judicial system.

MCA president Datuk Seri Dr Chua Soi Lek said he was shocked by the charge, but expressed confidence that Dr Ling would get a fair trial. -- The Star

THE CHARGE: That you, between Sept 25 and Nov 6, 2002, at Level 4 of the Prime Minister’s Office in Bangunan Perdana Putra, cheated the Government by deceiving the Cabinet into approving a land purchase in Pulau Indah....

**************************************

AND WHAT THE CABINET PAPERS REVEAL

Raja Petra Kamarudin

Hindu family practicing Hinduism forced to convert to Islam by Jabatan Agama Islam (Islamic Religious Department)

Human Rights Party
No.6, Jalan Abdullah,
Off Jalan Bangsar,
59000 Kuala Lumpur.
Tel : 03-2282 5241
Fax : 03-2282 5241
Fax: 03-2282 5245
Website: www.humanrightspartymalaysia.com
E-mail: info@humanrightspartymalaysia.com

Your Reply :
In Reply :

HRP Media Event 31/07/2010 (Saturday)

RE: 1. Hindu family practicing Hinduism forced to convert to Islam by Jabatan Agama Islam (Islamic Religious Department)

2. National Registration Department unlawfully refuse to change and register name and status of this family to Hindus.

Date : 31/072010 (Saturday)

Time : 11.30 a.m

Venue : As above

Note : The family members would be present.

Thank you.

Your faithfully,
____________________
S.Jayathas
(Information Chief)
(H/P No : 012-636 2287)

Affirmative action (NEP) or simply Apartheid Policy affecting FDI, says Nazir

KUALA LUMPUR, July 30 — Wrangling over affirmative action in the proposed New Economic Model (NEM) is causing uncertainty among investors, said top banker Datuk Seri Nazir Razak.

The CIMB Bank chief executive officer said that there was a lot of debate over what sort of affirmative action should be in the NEM, notably involving vocal Malay rights group Perkasa, and the government needed to decide quickly for the sake of giving investors a sense of direction.

“Dealing with the new version of NEP is sensitive and there is all sorts of speculation but this period needs to be cut short,” Nazir told a law conference here today, referring to the New Economic Policy (NEP).

“My worry is that it is taking too long. Let’s just decide what affirmative action will remain.”

Nazir, whose brother is Prime Minister Datuk Seri Najib Razak, added that Malaysia could be losing out in terms of foreign direct investment (FDI) due to the uncertainty.

“If I come this year I may need a Bumi partner but next year I may not, so wait lah,” he said by way of illustration.

The Najib administration has been trying to lift Malaysia’s profile as a destination for foreign investment to help the country achieve an average GDP growth of at least 6 per cent per annum over the next five years in an effort to become a high income nation.

The country’s FDI rates have fallen faster than other regional players like Singapore and China, and at the same time capital outflows have dampened private domestic investments. Net portfolio and direct investment outflows had reached US$61 billion (RM197 billion) in 2008 and 2009 according to official data.

More recently the UNCTAD World Investment Report 2010 said that FDI inflows to Malaysia dropped 81 per cent to RM4.4 billion last year from RM23 billion in 2008.

Nazir was guest speaker at the 15th Malaysia Law Conference organised by the Bar Council.

Nazir last month repeated his call for a review of the NEP adding that the policy has been unfair to the majority of Malays. He said the time has come for the government to protect the interest of the majority of the Malays and not just selected few.

“I have met a Malay professional overseas who refused to return to Malaysia because he is of the view that successful Malays are not welcomed in the country. This is because the Malays’ success is always linked to NEP,” said Nazir in an interview with Mingguan Malaysia published on June 20.

“In fact some of them refused to return thinking that the NEP is not for them but only to selected Malay groups, so they are better off working overseas,” he said when asked if the new generation of Malays are more open to reviewing the policy.

However, Nazir said certain aspect of the NEP such as scholarships allocation should be retained.

“Those who have been trying to stop efforts to review the NEP are those who are benefiting from the NEP. That was why some contractors were not happy with open tender but they never ask if they get the job, what would happen to other Malay contractors. Why refuse to compete?” said Nazir to a question on the opposition to a review of the NEP.

He said that the policy, introduced during the premiership of his father Tun Abdul Razak Hussein in 1971 has deviated from its original objective.

31/07/10

Govt urged to act immediately on Penan issues

KUCHING: The Sarawak government has been urged to revoke immediately licenses and leases involving the Penan's native customary land if it was serious in helping the community and the indigenous people.

The Borneo Resources Institute Malaysia (Brimas) also urged the Sarawak government to recognise the rights of the Penan and indigenous people of Sarawak.
“If the government is sincere in helping the Penans and has nothing to hide, it should immediately revoke licenses and leases which overlap with NCR lands.

“And they should immediately stop the issuing of logging licences, licences to plant forests and provisional leases over the native customary lands (NCR) and territories of the indigenous people, “ said Brimas executive director Mark Bujang.

Bujang was responding to Land Development Minister James Masing’s statement in London on Tuesday that the government was ready to engage non-governmental organisations (NGOS) with regards to issues affecting the Penan community.

Whilst lauding Masing’s statement, he however said that the government must survey and recognise the Penan territories.

“Masing's comment is seen as a positive development, taking into account that all these years, NGOs working on social and environmental issues have been ridiculed and labelled as anti-development, anti-establishment and negative by certain ministers and civil servants.

“We believe the government should survey and grant recognition of the Penans’ native customary rights land and territories as what Prime Minister Najib (Razak) had announced recently,” Bujang said.

He added the exercise should also cover other areas occupied by the indigenous people of Sarawak.

Land for Penan
Bujang also called on Masing to disclose the exact location where 300 Penans were purportedly given land by the state government to hunt.

“We are still in the dark over this matter,” he said.
On the Penan rape victims, he also called on the state government to look into their plights and immediately order a police investigation.

“We do not wish to see the state government dragging its feet on this matter and blaming the NGOs for not being cooperative.

“The police should not close these cases even if at this moment there is lack of evidence to charge the perpetrators.

“As a first engagement, we would like the state government to call for a dialogue with the social and environmental NGOs and discuss further issues affecting the indigenous people and the environment in Sarawak,” he said.

Masing had, on the sidelines of the inaugural Oxford Global Islamic Branding and Marketing Forum , told newsmen that the state government was always ready to engage with NGOs to discuss issues affecting the Penans.

“We have nothing to hide and what we are doing now is for the good of the community. We have never run away from the NGOs,” he said.

FMT

31/07/10

Abolish ISA candlelight vigils in 8 states

The Abolish ISA Movement (GMI) and rights group Suaram aim to hold simultaneous candlelight vigils against the abhorred law in eight states around the country on Sunday.
The protest will be held as an effort to pressure Prime Minister Najib Abdul Razak and Home Minister Hishammuddin Hussein to repeal the Internal Security Act.

Aug 1 marks the 50th anniversary of the draconian act, which was introduced by first prime minister Tunku Abdul Rahman's administration in 1960.

The candlelight vigils will be held at the following venues and times:

* Dataran MBPJ, Padang Timur in Petaling Jaya at 8pm

* Speaker's Square, Penang (9pm)

* Dataran Bandaraya Ipoh (8pm)

* Dataran Zero KM, Sungai Petani (8pm)

* Taman Hijau, Jalan Sultanah Zainab, Kota Bharu (8pm)

* Pusat Tanah Wang, Jalan Perdada, Sibu (8pm)

* Bangunan Al Idrus Commercial Centre, Kuching (8pm)

* Front Entrance of 1 Borneo Hypermall, Kota Kinabalu (1pm)

On Monday, GMI chairperson Syed Ibrahim Syed Noh announced that the coalition of NGOs would distribute around 100,000 leaflets on the draconian law on the same day.

GMI also plans to erect billboards and put up banners on the ISA in Selangor, he added.

Syed Ibrahim called on the government to abolish all existing detention-without-trial laws such as the ISA, Emergency Ordinance 1969, Restricted Residence Act 1933 and Dangerous Drugs Act 1952 with immediate effect.

Suaram's 2009 Human Rights Report - released on July 21 - said Najib's first year in office marked further deterioration in the state of human rights in the nation.

In his maiden speech as prime minister, Najib had said his administration would not use the ISA arbitrarily and would give importance to the principles of human rights and civil liberties.

The government is planning to table amendments to the ISA in the areas of length of detention, rights and treatment of detainees and their families, the power of the home minister, the use of ISA for political reasons and detention without trial.

31/07/10

Bolstering and Breeding Bigotry in Bolehland

The light, lenient, ludicrous and laughable court sentences on the cow-head protestors lends credence to the growing belief that Umno lives and lasts on bigotry

On 28 August last year, more than 50 people, shortly after their Friday prayers, marched from the Selangor state mosque in Shah Alam to the Selangor State Secretariat to protest the relocation of a 150-year old Hindu temple to their neighbourhood.

Amidst strong chants of “Allahuakbar!” they dragged and paraded the severed and bloodied head of a cow. One of their leaders shouted “I guarantee bloodshed and racial tension (if the temple relocation takes place)”.

Some of them made fiery speeches, spat on the severed cow’s head, kicked it, stomped on it, dumped it in front of the gates of the State Secretariat and proudly posed for photos, as police stood stoically, silently and submissively by.

Malaysian Hindus (who consider the cow a sacred animal) protested vehemently and called it a “sacrilegious act”. Other non-Muslims described it as “sickening” and “scandalous”. Many Muslims in the country considered it “shameless” and “so un-Islamic”.

A Muslim wrote: “These hooligans don’t represent all of us”. Another added: “As a Muslim, I am ashamed at the behaviour of these hoodlums especially during the holy month of Ramadhan. I really wonder who the head honchos are behind this unscrupulous act.”

The world watched in shock at how such a provocative act, or as some would later call it “barbaric behaviour” could have taken place in Malaysia – a country which its government boasts of as being a supposed showcase of a multi-racial-religious society today!

Hishammuddin’s Hypocrisy

In spite of a nationwide outcry and the lodging of 98 police reports against the cow-head protestors, Home Minister Hishammuddin Hussein who often hypes about racial and religious harmony decided to hijack the role of the police, Attorney-General (AG) and even the judiciary.

He went out of the way to meet in his office with the protestors – the very people who had committed what was clearly a seditious and sacrilegious act. He even daftly declared them innocent, defended their actions and deemed legal action against them as unnecessary.

According to him, the protestors were the ones who were “victimised”. They had no intention to stir racial emotion! It was not the first time an animal head had been used in a protest! The police allowed them to proceed because the numbers of protestors were small. Hishammuddin humoured the whole nation!

So desperate was he to justify the heinous act that he would even declare: “In this day and age, protests should be accepted in this world, as people want their voices to be heard. If we don’t give them room to voice their opinions, they have no choice but to protest.”

Hishammuddin’s hypocrisy could not hold when, about a week after the cow-head protest, police arrested 16 Hindraf leaders who were in the midst of holding a peaceful candlelight vigil to voice their strong protest against the sacrilegious act in Shah Alam.

(According to Lim Kit Siang, Hishammuddin’s “obsession to defend the Umno role in the cow-head demonstration” was “to further the Umno/BN agenda to weaken and topple the Pakatan Rakyat Selangor State Government”.)

In comparison, the PM very dramatically said he was deeply disturbed by the despicable act, demanded that the issue be nipped in the bud and directed the IGP to act swiftly and sternly. It is 11 months since the incident and the Shah Alam Sessions Court delivered its judgment on the matter on 28 July 2010.

Pathetic Patail

The Court fined 12 cow-head protestors RM1,000 each after they pleaded guilty to an alternative charge of taking part in an illegal assembly. Two of the protestors were fined RM3,000 for sedition while one of the two was also ordered to serve a week in jail.

The actions of the cow-head protestors as so accurately described by Shah Alam MP Khalid Samad, were “extreme and provocative”. Very naturally the public had expected stiff, stern and severe court sentences that would stop the country from sliding further down the slippery slope of religious extremism.

Sadly the sentences defied all logic. They were glaringly light, lenient and ludicrous. They made the AG’s Chambers, the judiciary and the government laughable. Once again the loud and oft-dramatic resolve by the powers-that-be to check extremism by Muslim groups have proven to be only lip service.

A fine of a paltry sum of RM1,000 to RM3,000, a preposterous jail sentence of only a week for one of the protestors – such pathetic punishment for outright religious bigotry can only come from a predictable judiciary ready to please and pander to the wishes of its political masters.

“I hope in future the accused will all be more sensitive in their actions. It is also hoped that this sentence will serve as a deterrent to others in future,” the words of judge Hasbi Hasan rang hollow in the court as the guilty heaved a sigh of relief – devoid of any sense of remorse.

For taking part in such a diabolical act of desecration which could have triggered off serious racial and religious disturbances, four of the protestors who had maintained their innocence and were supposed to go through separate trials, were discharged – after AG Gani Patail decided not to press further charges!

The gravity of the offence warranted a stringent and not a farcical deterrent sentence. The implications of the offence to worsening race and religious relations were very grave. But the AG was not at all serious in sending out a clear message that such offences will not be tolerated. Neither was the Court!

It did not seem to matter to the AG that the public could see through the “big show” of toughness put up by his Chambers and the Court. Such a charade reduced the PM’s initial proclamations of swift and severe action to mere pious pronouncements and pretentious promises meant to placate public anger.

Further, one is prompted to ask would the Court sentences be the same if a group of Hindus were to spit and stomp on the Holy Quran and left it outside the gates of the Selangor State Secretariat? Would they be discharged due to their insistence of being innocent?

Ramon Navaratnam, chairman of the Centre for Public Policy Studies puts this succinctly: “I would say this warrants the maximum sentence, if not, much higher than that…Frankly, the public would be asking would the sentence commensurate with the crime if it was other ethnic groups involved.”

P. Uthayakumar, Human Rights party secretary-general was more blunt: “I urge the attorney-general to appeal against the Sessions Court’s sentence and further prosecute them (the four perpetrators) under Section 298(A) as I believe this clause would have been used if it were the Muslims who were offended instead.”

(Commenting on the ongoing hearing of three Muslim youth charged for fire-bombing a church, lawyer Annou Xavier wrote in an e-mail that little is to be expected of the outcome of the trail as the (ill-prepared and inexperienced) prosecution team has demonstrated little regard to the seriousness of the case). )

Breeding bigotry

The cow-head protest should come as no surprise. It is the logical consequence and culmination of years of the authorities closing an eye and sometimes both, to the provocative and extreme acts of Muslim groups, whilst putting up a facade of a thorough investigation and taking fair and firm action.

Five months later, in the aftermath of a landmark ruling by the Kuala Lumpur High Court which ordered the lifting of the Home Minister’s ban on the Catholic church publishing the word “Allah” in its weekly paper, Herald, arson attacks, vandalism and other incidents took place in 11 churches and a Sikh temple.

What gives extremist Muslim groups the audacity to insult other faiths, incite religious hatred, and be so intolerant and insensitive to non-Muslims? Perhaps it has to do with them being very confident that they can display their insolence with impunity. They are well-provided and protected and their fines may even be paid – by Umno.

Umno is in a desperate state. In spite of its many claims of having changed, it continues with its political culture of divide and rule and of a siege mentality by politicising religion and creating unfounded insecurities amongst Muslims and a distrust of other religions.

Very ironically and tragically it appears that Umno can only unite the Malays and Muslims by dividing the country! The party that harps on supremacy and superiority whether it is with regard to race or religion, at the same time claims that Muslims can be very easily confused, convinced and converted!

Umno thrives on bigotry. It survives on religious extremism, fanaticism and fanning fears and fantasising enemies! Its members and all Muslims in the country are made to believe that they must stamp their superiority over the rest, and this is made all the more easier by Executive Supremacy!

According to Umno’s brand of Islam, the Malay/Muslim majority in this country must dominate, dictate, decide and even define what the minority (non-Muslims) can and cannot do; discuss, deliberate and debate on in public; and display in print.

The saddest outcome of the cow-head protest is that we have accepted the distinction between “Muslim and non-Muslim dominated areas”. Yet, there was a time when Bolehland’s citisens of diverse races and religions so successfully and confidently co-existed and lived together side by side in mutual respect and admiration!

After being PM for 15 months, Najib has failed to fight the fires of religious fanaticism, aggressively fanned by his own party. He takes flight and hides behind his 1Malaysia slogan – a faltering façade and flop which makes him look so utterly foolish! 1 Malaysia has become one big joke!

The inadequate sentences of the cow-head protestors make it very clear that burgeoning bigotry will continue to rear its ugly head in Bolehland as long as the Umnoputras rule Putrajaya. May Allah (oops, did I convert anyone) help us!

Martin Jalleh
31/07/10

Is this incredible or what? The White House employs 1,888 staff, but Malaysia’s Prime Minister’s Department has 43,554 employees.

There is also a similar disparity in their respective budgets. The White House’s budget is US$394 million for 2011.

Have a look at the White House website here.

Compare that with the PM’s Dept budget of RM4 billion or is that RM12 billion?

The vast difference is partly down to the whole array of departments, agencies, and what-have-you under the Prime Minister’s Department.

Have a look at the organisation chart for the PM’ Department on its official website here.

You will see a whole list of set-ups under the PM’s office, ranging from Felda (in the news lately), Suhakam (so much for its independence), the National Audit Department (independent?), Biro Tatanegara(!), Elections Commission (independent?), anti-corruption commission (independent?), the Maritime Enforcement Agency, EPU…

Shouldn’t some of these be independent of the PM’s Department and answerable to Parliament instead?

Why this centralisation of power?

masterwordsmith

31/07/10

ISA Vigils, Sex Workers, Education Movements

Three events for the weekend:
1. Nationwide vigils against the ISA on Sunday night, do come out and show you still care!
2. Jom ke Chow Kit! An awareness event held by the Pink Triangle Foundation
3. A book launch and seminar: “Lim Lian Geok – Soul of the Malaysian Chinese”
Details below:

Gerakan Mansuhkan ISA (GMI) and Suara Rakyat Malaysia (SUARAM) would like to invite all concerned citizens to a Candle light Vigil in conjunction with 50 years of ISA. The Vigil will be held on the 1st of August 2010, 8pm at several parts of Malaysia such as:
Venue in in each state:

State Place & Contact Person
Selangor Dataran MBPJ, Padang Timur (Opposite Amcorp Mall) Nalini: 019 3758912

Penang Speakers Square Jing Cheng: 012 7583779

Perak Dataran Bandaraya Ipoh Dr. Kumar: 019 5616807

Kedah Dataran Zero KM, Sungai Petani Simon Ooi : 012 4202264

Kelantan Taman Hijau, Jalan Sultanah Zainab (After Merdeka Field) Zaidi: 0123840415

Seremban Dataran Seremban Veron: 016 6687900

Sibu No. 25, Pusat Tanah Wang, Jalan Perdada, 96000 Sibu, Sarawak George 0198873515

Kuching Lots 468-469, Bangunan Al Idrus Commercial Centre, Jalan Satok, 93400Kuching.

See Chee How 019-8886509, Zulkifli 013-8958174

We demand the Government of Malaysia to Abolish the ISA as soon as possible as the barbaric and unlawful Act has existed in Malaysia for 50 years. The ISA is draconian and most importantly, it is against the fundamental human rights.

Please join us together to fight the ISA and all other detention without trial laws! Together We CAN Bring CHANGE!

GMI Secretariat will update everyone from time to time regarding the venue of the Vigils in each state mentioned above. Please bear with us.

For further info, please contact Miss Nalini at 019 3758912 or 03 77843525.

Parents to protest against Tamil school's relocation

SUNGAI BULOH: The parents of students in Ladang Coalfied Tamil school here will stage a protest on Sunday against the plantation owner and a housing developer.

The estate workers, who claimed that they are being “tortured” after defying an order to vacate their homes, are now facing a similar predicament with the school.

A spokesperson for the parents, Lobat Raj, slammed the management and developer KL-Kepong Sdn Bhd, for using various tactics to shift the school and two places of worship, a church and a temple.The oil palm estate has been earmarked for a housing project.

“The developer and the management have never considered our hardship, and are only interested in making profits,” a vexed Raj told FMT.

He also disputed a letter produced by the developer which purportedly showed that 60 parents have consented to the school being shifted some 4km from its present location.

“Who are these 60 parents? Can the developer show them to us?” he asked, alleging that the majority of the signatories were outsiders.

According to Raj, the parents' demand is simple. They want the school to be located near their houses.

“It is easier for us to send the children to school,” he said, adding that it will be dangerous for the children to cross the main road to go to the proposed new location.

“Last week alone, three children were hurt in accidents along the road,” he revealed.

'No faith in PKR's Xavier, MIC's Parthiban invited'

As for the protest, Raj said some 400 people, comprising parents and locals, will gather at the school field to vent their frustration.

He also mentioned that no state government representatives have been invited, “because the parents have no trust in the exco in charge of Indian affairs, PKR's Dr Xavier Jeyakumar”.

Instead, the residents have invited MIC's former Ijok state assemblyman K Parthibhan.

Meanwhile, another resident Robert Vanapiah said the developer has not revealed the new site for the school.

“Our children walk to school, we have no buses. Imagine if they have to walk for 4km,” he said.

Last week, newly appointed Plantation Industries and Commodities Deputy Minister G Palanivel promised to resolve the issue when he visited the estate.

A ministry spokesman told FMT that Palanivel brought the matter to Prime Minister Najib Tun Razak's attention, and the latter promised to look into it.

FMT
31/07/10

Lawyers debate DPP's alleged affair with Saiful which can only happen in Malaysia.

Some lawyers hold the view the Attorney-General's Chambers' reputation had been badly tarnished by the allegation that one of its prosecutors had been involved in a romantic affair with star witness Mohd Saiful Bukhari Azlan.

However, others feel that the damage is minor as the DPP's role in the case was limited to just taking down notes during the trial.

Lawyer Baljit Singh Sidhu, when met, said the alleged affair will certainly have serious repercussion for the AG's Chambers.

"This allegation is serious and it does not look good for the prosecution. It leads to the issue of the prosecution team's integrity. People view the case as being politically trumped-up.

"If the allegation is true, it shows the DPP was acting unethically and unprofessionally in having an affair with the complainant," he said, adding that he did not want to be judgmental on this issue.

Baljit, who is also a lecturer, said DPP Farah Azlina Latif's role being minor was not the issue.

"The fact remains that she is part of the prosecution's team and this should not have happened," he added.

Baljit, (right) however, commended the swift action taken by attorney-general Abdul Gani Patail to remove her from Anwar's prosecution team as something proper to dispel negative perceptions.

Another senior lawyer who wanted to remain anonymous when asked laughed, saying this can only happen in Malaysia.

Prosecution's image tainted

Another senior lawyer who requested anonymity said where the bigger picture was concerned people would question the ethics and conduct of the prosecution, especially with the involvement of a DPP, if the allegations proved to be true.

"She should have known better than engaging in a relationship with the complainant and star witness as she is also a lawyer. But people sometimes do not look at this bigger picture," he said.

He added on the other hand, if her role is limited to taking notes, than it should not affect the prosecution team that much.

As long as, he said, she was not involved in the prosecution or handling exhibits it would be all right.

However, he noted that for a lawyer to have a relationship with a witness is not ethical.

David Matthews (left) said it was improper and will cast a doubt on the transparency of the prosecution team as this is a politically charged case.

"Most importantly, the public expects a very high level of ethics and prosecutarial conduct. Anything wrong done will certainly taint the prosecution's image," the young laywer said.

Following her alleged affair, it is learnt that Farah has been laterally transferred from the Commercial Crime unit of the Prosecution Division to the Law Revision and Reform Division.

She has been in the spotlight following allegations made by blogger Raja Petra Kamaruddin about her affair with Saiful.

On Wednesday, it was also reported that before the matter became public, she had cancelled her wedding plans to her fiance about a week before the scheduled date.

No postponement, trial resumes on Monday

In a related development, High Court judge Justice Mohammad Zabidin Mohd Diah had rejected a defence team application to defer Monday's trial following the Court of Appeal setting a hearing date for their appeal to get the doctors' notes of the Kuala Lumpur Hospital's three physicians who had examined Saiful.

Justice Zabidin despatched the rejection letter to Anwar's solicitor Sankara Nair yesterday.

On another note, Sankara (right) said he has asked lead prosecutor solicitor-general II Mohd Yusof Zainal Abiden to either confirm or deny the so-called "affair" between Farah and Saiful.

"As such we have sent a reminder to him yesterday, and this time by adding that if we do not get his reply by (4pm) today July 30, 2010.

"We shall then proceed to assume that the allegations are deemed to be true," he said in a statement.

Malaysiakini

31/07/10

Will Dr M and his 2002 crew take the stand?

KUALA LUMPUR: DAP's veteran leader Lim Kit Siang asked if former premier Dr Mahathir Mohamad or any of his ministers from the 2002 Cabinet would testify in court when it hears the case against former transport minister and MCA president Dr Ling Liong Sik?

Ling was accused of misleading the government into approving Port Klang Authority's purchase of the Port Klang Free Zone (PKFZ) land with a 15-year repayment with compound interest instead of 10 years.

"Who were the ministers in the 2002 Cabinet. The deputy prime minister was Abdullah Ahmad Badawi. Other ministers who are still ministers include Najib Tun Razak, Muhyiddin Yassin, Hishammuddin Hussein, Nazri Abdul Aziz, Rais Yatim and Bernard Dompok.

"Other ministers who are no longer in the Cabinet include Rafidah Aziz, Azmi Khalid; three MCA ministers at the time -- Chua Jui Meng, Fong Chan Onn, and Ong Ka Ting -- Lim Keng Yaik, S Samy Vellu and Law Hieng Ding," Lim said in a statement.

Still waiting for A-G to act

The Ipoh Timor MP noted that as far back as three years ago in Parliament, during the budget debate, he had focused on the main issues of the PKFZ scandal:

1. PKA's purchase of 1,000 acres of Pulau Indah land from Kuala Dimensi Sdn Bhd for PKFZ at RM25 psf when the Treasury and Attorney-General’s Chambers proposed acquisition under the Land Acquisition Act at RM10psf.

2. The ballooning of the PKFZ cost from RM1.1 billion to RM4.6 billion and its development costs from RM400 million to RM2.8 billion.

3. The four illegal "letters of support" by then transport ministers Ling and (former MCA deputy president) Chan Kong Choy for the RM4.6 billion bonds issued by KDSB through special purpose vehicles.

"These issues have not been adequately dealt with despite the promise by Attorney-General Abdul Gani Patail last December and the country is still waiting for him to fulfil his pledge to leave no stone unturned to haul in the 'big fish' implicated in the PKFZ scandal," said Lim.

Yesterday, Ling was charged at the Sessions Court under Sections 417 and 418 of the Penal Code with cheating and could face a jail term if found guilty.

The 67-year-old medical doctor-turned-politician, who was bestowed with a Tun -- the highest honorific title in the country -- after his retirement in 2003, had pleaded not guilty.

The case, dubbed as the most high-profile corruption case in Malaysian history, would be mentioned in September.

Ling, a long-time minister and MCA's sixth president, was known to be close to Mahathir during his tenure in government.

The charge against Ling reads:

“That you, between Sept 25 and Nov 6, 2002, at Level 4 of the Prime Minister’s Office in Bangunan Perdana Putra, cheated the Government by deceiving the Cabinet into approving a land purchase in Pulau Indah for a Mega Distribution Hub project in Port Klang according to the terms agreed between Kuala Dimensi Sdn Bhd and Port Klang Authority which, among others, are:

1. The size of the land being 999.5 acres or 43,538,200 sq ft

2. The purchase price for the land being RM25 per sq ft amounting to a total of RM1,088,456,000

3. The repayment period being based on a “deferred payment” of 15 years with an interest rate of 7.5% per annum (total RM720,014,600), and thereby dishonestly hiding the fact that the valuation by the Valuation and Property Service Department on the land was RM25 per sq ft for a repayment period of 10 years or RM25.82 per sq ft for a repayment period of 15 years, including coupon/interest that could be charged for the repayment period.

And as such, you purposely induced the Cabinet to give its consent to the purchase, whereas the Cabinet would not have given its consent if the fact had been told to the Cabinet, and the fraud was committed with the knowledge that you could cause a loss to the Government, where you have an interest in the transaction pertaining to the fraud and you are bound under the law to protect it and, as such, you have committed an offence punishable under Section 418 of the Penal Code.”

Jui Meng: Umno controls the minds of the Malays

PETALING JAYA: Umno, being the largest political party in the country which has ruled over the last 50 years, has poisoned the minds of the Malays, feeding them lies that their position is under threat from the non-Malays, former health minister and MCA vice-president Chua Jui Meng said.
"All these years Umno has brought about this propaganda that the Malays were under threat. They try to control the hearts and minds of the Malays, telling them that the advancement of other races would make them poor. This propaganda to poison the minds of the Malays has resulted in the Malays not being able to see the true picture.
"The problem is not the other races but Umno itself. This message is important for all Malays in Malaysia. They must be aware of the truth. We have to break their mindset,” he said in an exclusive interview with FMT recently.
He was quick to add that the Malays in urban areas were realising the truth of Umno's political game plan. However, he said, the Malays in the outskirts, such as in his home state of Johor, still had the orthodox mentality that Umno was Malay and Malay is Umno.
“This kind of propaganda poisons the minds of the Malays," said the 67-year-old lawyer-turned- politician.
He added that access to the new media as well as a paradign shift in the mindset of the urban Malays would enable them to break away from the Umno mentality.
He stressed that Pakatan Rakyat should aspire to bring about the change in the mindset of rural Malays in order to see a change in the country.
"I have told (Opposition leader) Anwar (Ibrahim) that I am a Chinese leader in Pakatan wanting to help poor Malays. My heart goes out to them... we need to help these Malays.
“In Johor, there is a huge information gap. We have to narrow this gap. After 50 years in power, Umno is still spreading lies to the people through the mainstream media which is under Umno control,” he said.
Chua, however, said that Pakatan should not be only concentrating on uplifting the Malay community's economic status.
"We tend to forget other races. Like the Indians, they too have problems. Even when they are citizens of this country, their rights are denied. This is the way of Umno," said Chua, who was in MCA for 35 years before deciding to join PKR late last year.
Plans for Johor
Asked on his plans for Johor as the new state PKR chief, he said he was not a novice in politics and knows the ways of the BN from a political perspective, which uses the mainstream media to win votes.
He said since joining the opposition front, he had become more open to the alternative media.
He said on the part of the Chinese, the community had repented and now had an open mindset knowing that they could live in this country without being dependent on Umno.
"The Chinese community works hard and are smart. Their priority is education... although they only receive minimal assistance from Umno, they don't give up. When they are educated, they can be critical and analytical in the way they think," said the veteran politician.
He also revealed that there was no racial issue in Malaysia, although Umno insists on racialising each and every issue that crops up.
"The Malays are blinded by Umno. Look at the education system. It does not allow our students to be independent and become critical of things. We still have laws to control university students... all these are meant to control the mindset of the Malays.
He also slammed Umno for using Islam to further their political agenda despite indulging in immoral activities like corruption.
"Umno talks about religion. Do they really know what they are talking about? If they know what they are talking about, then why are they still doing wrong? If they hold on to the Quran, then they should also know that corruption takes them to hell... but they still go ahead and do it.
“This message should be sent to the Malays in rural areas: the rich in the country are not the Chinese but those in Umno and their cronies.”

FMT
30/07/10

Education and the agenda of political parties

THE year 2010 is the year of creativity and innovation for Malaysia. And yet, a common lament when discussing the country’s state of affairs or the quality of education is that we lack in precisely these areas. What, then, of the government’s plans to make Malaysia a high-income nation? Where do we even begin in order to revive our education system and help the nation climb out of the middle-income rut?
In an interview with The Nut Graph on 13 July 2010, educationist Prof Datuk Dr Ibrahim Ahmad Bajunid echoes the need for politics to be taken out of education if meaningful changes are to occur.
Ibrahim was recently awarded the Tokoh Kepimpinan Pendidikan 2010 for his contributions to education. One of the founders and a former director of the Institut Aminuddin Baki, Ibrahim’s work in education has been in both the international and local arenas. He is currently deputy president/deputy vice-chancellor of the INTI-UC Laureate International Universities, and a professor of management, education and social sciences.
TNG: How do you feel about political decision-making in higher education? For example, appointments of university vice-chancellors are made by politicians.
Ibrahim Ahmad Bajunid: So far, political decision-making has been prudent, wise and consultative. Decisions may be made by the prime minister and the higher education minister, but there has been consultation with and input from academia in the selection process.
If you leave it just to the respective universities, everyone will have their own candidates and the nation will not have the opportunity for a broader, wider national search for the right person, with the right mindset for change leadership.
Following that, do you think there is enough autonomy for public universities?
There are different areas [where we need] autonomy, starting first with autonomy in the classroom – in the method of teaching, in developing research interests, and in the overall pursuit of knowledge and truth.
There should also be autonomy with regards to publication, consultancy, and creating new programmes for the university. There is also autonomy with regards to the relationships the university has with its immediate community, or the public service element.
Those who focus on research in the sciences do not usually have autonomy problems, except when there are areas such as stem-cell research. However, when a university reaches out to society, it extends out of its borders, and in come other actors or stakeholders – for example, when an academician goes on a TV forum to discuss politics, and takes a stand against the ruling government. Is that person taking a stand as an academician, or as a member of a political party?
It is usually in the overlapping areas when a university reaches out to society, especially in the political and ideological realms – the humanities and social science – where autonomy becomes an issue. Academicians have the right and responsibility to take [a position of advocacy] based on values and knowledge in the [people’s interest].
Ibrahim
Ibrahim
Is the lack of autonomy for academics to speak out, especially those in the humanities and social sciences, one reason why our university culture is said to lack critical thought?
To some extent that’s true. But there is no lack of autonomy if you are professional and nonpartisan. Then you can boldly say the same thing consistently in different contexts.
We need to develop a critical mass of first-class academicians who write, research and share their knowledge objectively. In academia, there are partisan spokes[persons] of political parties who present only one-sided views on any issue, and this is one of the problems.
Typically, academicians present all, or parts of, the arguments and positions of various schools of thought for other scholars to evaluate and understand. Advocates take a particular stance, aggressively or subtly, and promote a particular political party, and so things get confused and the matter of autonomy gets detracted.
What can we – both the people and the government – do about the lack of quality human resource and lack of quality mindsets and culture that are necessary to building world-class learning institutions?
For one, we must break the myth that all things related to education are the sole responsibilities of the education and higher education ministries. There are other governmental, private and non-governmental organisations and stakeholders involved. Others that have strategic roles to play include the human resources, and women, family and community development [ministries].
We need planning and synergy across ministries. There is, but the problem is that we only have “ministerial champions”— people who champion their issues under their own ministry only.
We need cross-ministry champions if we are to have integrated, long-term planning for education. We often lament the lack of numbers or quality of competencies, but Malaysia actually has a large number of talented people in all domains. What is not happening may be the mobilisation [of this talent].
There is no one spearheading any dialogue about an education revolution. We’re only hearing reactionary statements.
No, there is no one leading this dialogue. It’s political. The same people who supported (Tun) Dr Mahathir (Mohamad) on his policy to teach mathematics and science in English are the same ones who opposed the policy after he stepped down. At the same time, we have [politically and racially oriented leaders] taking stances on educational matters, while informed educational decisions are marginalised and trivialised.
In some other countries, education is a non-issue because political parties decide as policy to have a united stand regarding education. Also, education is a state and local matter to some extent in other countries.
But education in Malaysia is related to the agenda of political parties.
Do you see any first steps that could be taken to de-politicise education?
Get all parties to agree on ways to move education forward and not use education as a means to score political points. Underlying this is the need to grow a new breed of leaders – 1Malaysia leaders, so to speak – who care about the larger picture and the country as a whole

Restructuring federal-state relations: Critical issue in next polls

Power must be devolved, decision-making must be decentralised, and development funds must be shared all the way down, asserts Francis Loh.

An important issue in the next general election, no doubt, must be the restructuring of federal-state relations. Our federal system of government needs to be transformed from a highly centralised to a more equal and co-operative one. Indeed, cooperative federal systems are the norm throughout the world, not only in Canada, Australia and Switzerland, but also in India, South Africa and Nigeria.

This means that more devolution of power must occur. As well, decentralisation of decision-making and of course disbursement of development funds from the federal government to the state governments. And the civil service must act more professionally to serve the government of the day, regardless of party affiliation.

Two years of Pakatan Rakyat (PR) rule especially in Penang and Selangor has highlighted how centralised our political system is. It has also highlighted how the BN federal government can dominate PR-led state governments as a result of the former’s control of development funds.

Whereas such funds are channelled to the state governments as in the cases of Pahang, Johore and Malacca which are BN-led, the same development funds are channelled to federal-appointed State Development Officers in the cases of PR-led states. This is so although PR state governments have been duly elected into office by the rakyat.

The recent war of words between Penang Chief Minister Lim Guan Eng and the federally appointed State Development Officer Nik Ali bin Yunus on 20-21 July over the Botanical Gardens expansion project highlights how the federal government dominates the state government.

First, the Garden’s expansion project falls under the control of the Tourism Ministry rather than the Penang state government or the Penang Municipal Council. To any Penangite, surely the state or municipal authority would be better informed of how best to carry out the expansion of the Garden!

And even if the federal Ministry was in charge, why did it not devolve power and funds to the state and local authorities? One can imagine that if the state-government was BN-led, there might have been more consultation and perhaps even decentralisation of decision-making. In this regard, we should recall how the federal government had disbursed to the BN-led Malacca state government its share of the heritage conservation funds but had denied the PR-led Penang state government its share of the same, channelling it instead to the Penang Representative Office of Khazanah Nasional Berhad, which is owned by the Finance Ministry. Yet Malacca and George Town share joint listing as Unesco heritage sites!

This episode also highlights a second way of federal domination. Lim blamed Nik Ali, who is responsible for overseeing the channelling of all federal allocations for projects in Penang, for ‘openly and blatantly sabotaging the state government’. It is significant that the SDO chose to declare the Chief Minister as ‘biadap’ at a press conference called by Penang Umno leaders! Isn’t a civil servant supposed to serve the government of the day? And in the case of Nik Ali, should he not be serving the interests of the Penang state government to which he has been appointed State Development Officer, notwithstanding he is a federal appointee?

Indeed, it is not only Nik Ali who has facilitated federal domination over Penang, the SDOs in the other PR-led states have also been giving the PR-led governments in Selangor, Kelantan and Kedah a hard time, as the Menteri Besars of those states have complained from time to time.

In this matter, we need to recall how the Pas-led Kelantan government and the Parti Bersatu Sabah (PBS)-led Sabah governments were bullied by the federal government authorities during the 1990s. Then, so-called Federal Development Offices were set up in both states in order to bypass the state governments too.

No wonder, federal appointees like Nik Ali consider it their duty to serve the BN federal government over the PR-state governments. Yet, no amount of ill-mannered name-calling by the SDO will whitewash popular opinion that most federal appointees to the state government have been acting very unprofessionally. They have been biased towards the BN government rather than acting fairly towards the PR state governments.

Underlying the recent exchange of words between the Penang CM and the SDO, therefore, is this discriminatory way by which the PR-led states are treated by the federal BN government. In effect, they have not given due recognition to the wishes of the rakyat who voted PR-led governments into office in five states in the 2008 election.

In the recent case concerning the construction of two monstrous arches at the entrance to the Botanic Gardens, which look completely out of place and one of which is tilting, there had been minimum consultation with the rakyat prior to their construction. Concerned NGOs had complained to the Penang state government about the cutting of trees, the cementing over of various parts of
the gardens to build a car park and hawker complex and the construction of the arches.

Now that the Tourism Ministry has declared that the arches will be brought down, it is clear to the NGOs and concerned Penangites that the Garden expansion project is indeed a federal project, and that the SDO does, in fact, have oversight of the project and should be held responsible for this wastage.

In this regard, perhaps the NGOs should have directed their complaints to the federal authorities in the first place. Whichever the case, there was no consultation with the rakyat by the federal Ministry of Tourism until it had become obvious that a disaster was in the making, when it was discovered that one of the ugly arches was tilting. And of course, there had been no consultation whatsoever on the part of the federal-appointed SDO even up till now. (Of course, he would plead that it is not his job to do so since he is only involved in disbursing the funds)

That said, the NGOs believe that the Penang state government could have been more pro-active and acted more responsibly in the face of such ill-conceived projects, even if they were federally funded. It could have intervened to prevent this wastage of M150,000 and the destruction of the local Botanic Garden environment. In this regard, it must share a part of the blame.

One way to prevent such wastage is to make sure that restructuring of federal-state elections become a priority for all the parties in the next elections. Power must be devolved, decision-making must be decentralised, and development funds must be shared all the way down.

Aliran
30/07/10

Restructuring federal-state relations: Critical issue in next polls

'Sign of more big fish to be hauled'

KUALA LUMPUR: Opposition leaders today welcomed the decision to charge former MCA president Dr Ling Liong Sik, with DAP's Tony Pua stating that it indicated “more big fish” would be hauled to court.
"It's good to see the Attorney-General finally charge the big fish. This is the biggest corruption case in Malaysian history," he said.

"It's a sign that more big fish are coming," added the party's chief economist and Petaling Jaya Utara MP.

"This shows that the prosecution is more competent, especially when previous prosecutions have either botched or failed," he added.

This evening, Ling, the former transport minister, was charged with two counts of cheating in relation to the Port Klang Free Zone (PKFZ) scandal.

The 67-year-old former MCA boss, who could face a jail term if found convicted, pleaded not guilty to both charges.

Meanwhile, Pua, who noted that other high-profile figures were involved, said: "Ling cannot be acting alone."

Asked if he had expected the news, he said: "No, it's a surprise, and a sign of a positive prosecution."

He also agreed when asked if the latest development was a sign that the general election was around the corner.

“You spotted the right question, well done,” he said, without elaborating.

Can of worms

Meanwhile, PAS research head Dzulkefly Ahmad, who also welcomed the move to charge Ling, however, reminded Prime Minister Najib Tun Razak that it would not have a bearing on the next election.

“If Najib thinks that by bringing Ling to justice will shore up support for himself and Barisan Nasional, he must be reminded of his own baggage that is hanging over his head,” he said.

“He can call for a general election soon if he believes in his own illusion,” he added.

The PAS leader also said that Ling's trial could open up a can of worms for the ruling coalition.

“We must remember that PKFZ was an Umno-MCA project. By charging him, he will reveal how corrupt the BN government is. All the ones involved should not be allowed to get away scot-free,” he said, calling it a “good start”.

In an another immediate reaction, PKR vice-president Azmin Ali also lauded the move, saying however that Ling should be given a fair trial to defend himself.

"As a matter of principle, though, we would also like to see action taken against those responsible, without fear or favour, to protect the rights of the people," he told FMT.

Although the latest move has raised speculation that Ling may be made a scapegoat, the Gombak MP disagreed, saying Ling "was instrumental in the project".

"He is not a scapegoat. In fact, before his departure from his ministry, he signed a letter of support for this particular project which was used as a collateral by the government.

"I think he must be responsible for it as he was a Cabinet minister representing the government," he said.

He, however, refused to speculate how many more “big fish” will be brought to court over the multi-billion scandal.

"We do not want to speculate but the investigation has taken a long time and I am sure the Attorney-General's Chambers will bring those responsible to court to face the music," said Azmin.
Public interest must be protected
Meanwhile, former MCA president Ong Tee Keat said that no one should be above the law, even if it involved his party senior like Ling.

"The law must be upheld and no one should be above it," he said, adding, however, that he was not interested in specific personalities.

"My only hope is that the interests of the general public, especially the taxpayers, are protected," he told reporters after speaking at 15th Malaysian Law Conference in Kuala Lumpur.

Umno Youth chief Khairy Jamaluddin described the move (to prosecute Ling) as "bold" and "proactive" but said Ling and the prosecutor should be given an opportunity in court.

"(But) the question of the bond payment has to be answered," he said in in his Twitter.

FMT
30/07/10

DAP wants Dr M, Cabinet in PKFZ trial

KUALA LUMPUR, July 30 – Lim Kit Siang said today that former prime minister Tun Dr Mahathir Mohamad should be called by the Attorney-General (A-G) to testify in Tun Dr Ling Liong Sik’s fraud trial.

The DAP parliamentary leader also said that Cabinet ministers must be brought to court as Dr Ling was charged for misleading the government.

“The prime minister at the time was Tun Dr Mahathir. Will Dr Mahathir or any of his ministers in 2002 Cabinet testify in court of being misled by Ling to approve Port Klang Authority’s purchase of PKFZ land with 15-year repayment with compound interest instead of 10 years?

“Who were the ministers in the 2002 Cabinet? The deputy prime minister was Tun Abdullah (Ahmad Badawi). Other ministers in the 2002 Cabinet who are still ministers include Datuk Seri Najib Razak, who was defence minister; Tan Sri Muhyiddin Yassin who was minister for domestic trade and consumer affairs; Datuk Seri Hishammuddin Hussein who was then minister for youth and sports; Datuk Seri Nazri Aziz who was then entrepreneur development minister; Datuk Seri Rais Yatim and Tan Sri Bernard Dompok who were then ministers in the prime minister’s department,” he said in a press statement.

Other former Cabinet ministers who, according to Lim, should also be called include Tan Sri Rafidah Aziz; present Public Account Committee Chairman Datuk Seri Azmi Khalid; three MCA ministers at the time, Datuk Chua Jui Meng, Tan Sri Fong Chan Onn, and Tan Sri Ong Ka Ting; Tun Lim Keng Yaik; Datuk Seri S. Samy Vellu; and Tan Sri Law Hieng Ding.

Dr Ling was charged yesterday for cheating the government by misleading the Cabinet on the land acquisition for the PKFZ project in Klang.

The charges concern land valuations under the penal code with the principle charge under Section 418, with the alternative charge under Section 417.

He faces up to seven years in jail for the first charge and up to five years’ imprisonment under the alternative charge. Both carry a fine.

Dr Ling previously testified that land valuation in the PKFZ came under the Dr Mahathir’s purview.
According to the penal code, section 418 concerns “Cheating with knowledge that wrongful loss may be thereby caused to a person whose interest the offender is bound to protect”, while section 417 concerns “Punishment for cheating.”

Last year, The Malaysian Insider reported that Dr Ling had told the Public Accounts Committee’s (PAC) probe into the scandal-ridden PKFZ that Dr Mahathir oversaw the project’s land valuation.

In the verbatim of the PAC meeting procedures, the former MCA president pointed out that the costing and valuation of the land was determined by the Valuation and Property Services Department (JPPH) which was chaired by former prime minister and finance minister, Dr Mahathir.

“Our job in Ministry of Transport is to only state the fact that we want the land. Costings, valuations and all that, it is not the function of the Ministry of Transport. We do not have a Valuation Department.

“Costings and valuations is a question for the Treasury to deal with. They have the Valuation Department and everything is there, not in Ministry of Transport. I think [it was] Tun Dr Mahathir who chaired it, and he was the finance minister also. He saw it very clearly. That was the fact of the case,” Ling said in the verbatim.

Despite the charges brought against Dr Ling, Lim continued to question if Tan Sri Abdul Gani Patail will deliver on his promise to charge the “big fishes.”

“These issues have not been adequately dealt with despite the promise by the Attorney-General Tan Sri Gani Patail last December and the country is still waiting for the Attorney-General to fulfil his pledge to leave no stone unturned to haul in the ‘big fishes’ implicated in the RM12.5 billion PKFZ scandal,” he said.

Dr Ling led MCA from 1986 to 2003. The PKFZ project was mooted during his tenure as transport minister and the cost of the project, initially estimated at less than RM2 billion, more than doubled to RM4.6 billion by 2007.

The total bill for the project is expected to swell to as much as RM12.5 billion due to interest costs from deferred payments, if the trans-shipment hub fails to perform.

Malaysian Insider
30/07/10

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