Anwar's alleged victim Saiful also have rights that need protection..

Let us all be calm and not get too emotional about that alleged new police report filed by one Mohd Saiful Bukhari Azlan aleging that Anwar Ibrahim had allegedly committed the offence of sodomy.

Let us not forget:-

a) Presumption of Innocence until proven guilty.....for now all that has happened has been that a police report has been filed. That is all.

b) We must also not forget the right of the VICTIM of a criminal act - in this case it is that Mohd Saiful Bukhari Azlan, and his right to make a police report must be recognized and respected. It is wrong that some parties have been coming out and making all kinds of allegations about the character of this complainant - and this is not right at all.
(It may be Anwar Ibrahim who may be the VICTIM of a false police report, and it is his right to make a police report against the said Mohd Saiful Bukhari Azlan, or respond otherwise. Anwar's response is that it is NOT TRUE.

c) What some are doing to the said Mohd Saiful Bukhari Azlan reminds me of just what the PM and the BN personalities (and/or their agents) did to that Yong fellow, the president of SAPP -- demonize him...discredit him...and that is very wrong.

d) No one is above the law - not even the Abdullah Ahmad Badawi, Najib Tun Razak or Anwar bin Ibrahim --- we really should not advocate the use of tactics that would put fear into the small person victim when it involves allegations against some big and powerful personality.

e) Looking at what is now happening to Mohd Saiful Bukhari Azlan ...what happened to that Yong fellow (president of some small BN party) - persons in Malaysia would, in the future, be afraid of the consequences that will follow if you complain against or about some big powerful person... we certainly do not want that in Malaysia. All victims should fearlessly come forward and demand justice.

f) The defamation suit allegedly being filed with regard a complaint to the police is a SHAMEFUL act ....and THAT again is something that should never be done when someone makes a complaint to the police. So what now, will "Mohd Saiful Bukhari Azlan"now have to do - rush find some lawyer, and expend more money defending a defamation suit. This is VERY wrong and I am shocked if Anwar did indeed file a defamation suit JUST with regard that police report. If that Saiful came out and made some public statement about it, then you can file a defamation action.[ When it comes to a police report - no one can use the report as a basis for a defamation suit - I believe that is the law. If not, everytime someone files a police report against another, there will be a defamation suit against the complainant -- and surely after that no poor person who is victim of a crime is even going to dare to make any police report....].

I hope that if Anwar did, on bad advise, react too fast and file a defamation suit based on the allegations so contained in that report, he MUST now withdraw that suit..for such an action goes against the values and principles so far being advocated by the Pakatan Rakyat.
(see Malaoysiakini, Änwar files defamation suit against aide", http://www.malaysiakini.com/news/85288)

MOST of us do not believe the allegations of sodomy made against Anwar - but let us allow time for the complaint to be investigated.

Pakatan Rakyat, or Parti Kedailan Rakyat, will not and should not fall just because Anwar has been found guilty of a crime - there are so many leaders in the Pakatan Rakyat. Anwar, may be described as the "defacto leader"but really he is only the adviser. The party and the opposition coalition has so many more good leaders there - and even the "political assasination"or even ässasination"of one should not at all affect Pakatan Rakyat too much.

All this has really become a great DISTRACTION from the so many real issues that is facing Malaysia, and let us not be too distracted.

For one, there is that Local Council Elections issue - and sadly there has has been almost no response about the fact that Selangor is going to appoint local councillors for 4 years - 1 year probation and 3 years contract thereafter - which means possibly no local council elections anytime before the next General Elections...

It is also time for Human Rights bodies, and civil society bodies to be careful with the statements that they make -- let us not allow our bias, our affliations, our nearly achived dream of a non-BN government for Malaysia cloud the real issues of rights and justice.


*****
Just a case that shows that not just police reports, but also other statements and communications made to the police with regard a criminal investigation cannot be the basis for a Defamation suit.

June 7, 2007 (Times Online)
http://business.timesonline.co.uk/tol/business/law/reports/article1895802.ece

Complaints to police are privileged

Queen’s Bench Division

Published June 7, 2007

Buckley v Dalziel and Another

Absolute privilege and immunity from suit were available to a person who provided information to the police to set in motion the process of an inquiry into possible illegality.

Mr Justice Eady so held in the Queen’s Bench Division on May 3, 2007, when granting an application for summary judgment under Part 24 of the Civil Procedure Rules by James Stewart Dalziel against the claimant, Mrs Barbara Buckley, in her claim for defamation against Mr Dalziel and his wife, Mrs Melanie Dalziel. Mr Dalziel had made a witness statement and Mrs Dalziel had held three telephone conversations with Greater Manchester Police in which they had complained that Mrs Buckley, who was their neighbour, had arranged for boundary trees to be pruned in their absence.

Mrs Buckley claimed that Mr Dalziel was responsible for libel and that Mrs Dalziel was responsible for slander. Mr Dalziel argued that he was entitled to absolute privilege and immunity from suit.

HIS LORDSHIP said that following the guidance in Taylor v Director of the Serious Fraud Office ([1999] 2 AC 177) it was necessary to protect those who provided evidence to the police in the course of an inquiry.

It was not unreasonable, in weighing the competing considerations, to give priority to the protection of those who provided such information.

The public policy considerations applied with equal validity to those who were witnesses and to those who were initial complainants.

Will HR activist still call for Local Council elections with the same intensity..??

The struggle for Local Council Elections may have been strategically killed off by the Pakatan Rakyat Selangor State government by its recent appointment of Human Rights advocates, activists and personalities as Local Council members in Selangor.

I must say, that it is a one very effective means of silencing your critics - just 'rope' them in and get them into the Local Government.

Were the activist aware of the "one year probation" and the "3-year contract" that will follow, before these HR advocates accepted their appointment. For, if they did, it is shocking. They may be seen as having betrayed that struggle for Local Council Elections.

I must say that I was already very critical when the deadline for the holding of local council elections given by civil society groups in their 28/3/2008 Memorandum was before or by 2010 - it was just too long away.

"all State Governments, especially those of Penang, Selangor, Perak, Kedah and Kelantan, which have committed to local government elections through their manifestos or the People's Declaration, should declare their road maps for local elections with clear timelines and milestones. Holding local government elections should be prioritized, and carried out by or before 2010. " - extract from the 28/3/2008 Memo

But now, what will these persons, some of whom are from the very same organisations that signed the 28/3/2008 Memo, do with regard their appointment to the various Selangor Local Councils.

Would they accept it (including that 1 year probation ...followed by 3 year contract), for if they do, would it not mean a 'back-tracking' on that time limit set for Local Council Elections ---- by or before 2010. This 1+3 year term would mean no Local Council elections until 2012 (which is also when the next General Elections would be held..)

Will these Human Rights personalities accept their appointment and still be seen calling 'whole-heartedly' and with the same intensity for Local Council Elections...I wonder.

I say, they must NOW demand that this appointment should be limited to 1 1/2 years maximum - after which there must be local council elections by the end 2009 - before the start of 2010.

I must also say this "Probation Period" of 1 year should be rejected. It is a means to keep them local councilors in line ..... that means "do not do anything to get into the bad books of the MB and the State Exco", for if not, you may not get "confirmed" -- and get that 3 year contract. (see "S'gor local councillors list finally ready", Malaysiakini, 19/6/2008).

Would those Human Rights Advocates, who still speak up on the failings of the Pakatan Rakyat, Selangor MB and government get 'confirmed' as Local Council members?

Will there be SILENCE about Local Council Elections, and Local Council failings..from some activist and their groups now that some member or Director has been appointed Local Councilor?

We want Local Council Elections ...we want elections at the Kampung, Taman, Housing Estate, Town levels --- we do not want appointments by 'political parties' or the government of the day - we, the Rakyat, will elect who we want...

Friday June 20, 2008

Disabled rep among 24 new city councillors in MBPJ

By DEBBIE CHAN and TAN KARR WEI

Anthony

THE Petaling Jaya City Council will have, for the first time, representation from the disabled community on its board of councillors.

Animal Assisted Therapy for the Disabled and Elderly Association president Anthony Thanasayan is one of the 24 newly chosen councillors for the MBPJ.

Anthony has been fighting for the rights of the disabled community for years and his selection as a city councillor will definitely enhance the cause of the disabled in PJ.

“If it is true that I made it to the list, it's fantastic. We have always asked to be included in the decision-making process,” he said.

Fernandez

“We strongly believe in the motto 'Nothing about us without us'. We must be there to make the decisions,” the wheelchair-bound Anthony said.

Among the changes the plucky crusader would like to see are designated car parks for the disabled.

The list of new councillors includes some prominent names from the non-governmental organisations.

Two such persons are Suara Rakyat Malaysia executive director Cynthia Gabriel and Transparency International executive director Richard Yeoh.

Environment activist and lawyer Derek Fernandez, who has been making newspaper headlines for being vocal on various community issues, is also on the list.

Mak

The representation from community and NGOs is part of the Pakatan Rakyat-led Selangor government’s move to include members of the public in the decision-making process and to tap their views and expertise for the benefit of the community.

The rest of the names on the list are members of the three Pakatan Rakyat coalition partners – PKR, DAP and PAS.

However, none of the coalition’s elected representatives, whether MPs or state assemblymen, had been appointed as councillors.

This is a change from the previous Barisan Nasional state government where most of the elected representatives are appointed as councillors.

Among the people named on the list is former StarMetro reporter Mak Khuin Weng.

“There are some issues I would like to look into, like condominiums and privatisation of contracts. These are the things that I've been following up as a reporter,” Mak said.

He looks forward to working with the other councillors to help resolve issues affecting PJ while striving for transparency and accountability.

As a reporter, Mak has met many PJ residents and worked with former MBPJ councillors.

“I would be able to draw from their experience. I look forward to working with the other councillors,” he said.

NEW COUNCILLORS FOR PETALING JAYA

1. Mohd Halil Haji Harun – Petaling Jaya Utara PKR deputy chief

2. Syed Abdul Malik Syed A Hamid Al Jafree – Subang PKR deputy chief

3. Thiruvenggadam Aamuthu – Petaling Jaya Selatan PKR deputy chief

4. Halimey Abu Bakar – Kelana Jaya PKR Youth chief

5. Mahharul Ismail – Petaling Jaya Selatan PKR Secretary

6. Latheefa Koya – Petaling Jaya Selatan PKR treasurer

7. Tang Fuie Koh – Petaling Jaya Utara PKR treasurer

8. Dr Melasutra Md Dali – Urban planner

9. Michael Soon Kwai Choy – DAP

10. Mak Khuin Weng – DAP

11. Robert Tan Siang Chok – DAP

12. Tiew Way Keng – DAP

13. Francis Chang – DAP

14. Ahmad Yusof Ludis – PAS

15. Ghazali Shaari – PAS

16. Kamarudin Suhaimi – PAS

17. Muzammil Hafiz – PAS

18. Chan Chee Keong – Social activist

19. Richard Yeoh – Transparency International executive director

20. Anthony Thanasayan – Representative of the disabled community

21. Cynthia Gabriel – Suaram executive director

22. Derek Fernandez – Environment activist and lawyer

*23. Ramakrishnan Suppiah

*24. Paneer Sivam

* The last two names are yet to be confirmed.

@@@@@@@@@@@@@@@@

Bandar Mahkota Cheras leader among nominees for Kajang

By GEETHA KRISHNAN and STUART MICHAEL

Tan Boon Wah

BANDAR Mahkota Cheras Open Access Road Committee chairman Tan Boon Wah and Parti Sosialis Malaysia secretary-general S. Arutchelvan are among those nominated for a councillor's post for the Kajang Municipal Council.

Another nominee for MPKj councillor is S.T. Chandramohan from DAP.

Tan, who is an IT executive, was detained and hospitalised while championing the cause for the barricade leading from Bandar Mahkota Cheras to the Grand Saga highway to be removed.

S. Arutchelvan

Arutchelvan had championed the plight of squatters and estate workers for many years in the Klang Valley.

Meanwhile, for the Selayang Municipal Council (MPS), four politicians have been nominated to become councillors.

They are Mohd Abdul Rahman (Selayang PAS chairman), Samsudin A. Rahman (Selayang PAS treasurer), Rahim Abdul Wahab (Selayang PKR chief) and Chee Chu Sang (Selayang Parliament service centre director II).

A source said the four had made into the final list as councillors for MPS.

Besides being politicians, the four are also professionals and have full-time jobs in companies.

Mohd Abdul Rahman, an architect by profession for 20 years, is attached to GDP Architect Sdn Bhd, and have been Selayang PAS chairman for two years.

Samsudin is a manager at a tuition centre and previously worked as a teacher and bank officer.

Chee, 34, who is an accountant and running his own management firm, has been running the service centre for the last six months.

****

S'gor local councillors list finally ready

Syed Jaymal Zahiid | Jun 19, 08 2:22pm(Malaysiakini)

The Selangor state government has finally completed the task of appointing 288 local councillors for all 12 local councils in the state, the majority of whom are new faces. MCPX However the public would have to wait a little longer to find out the identities of those appointed by Selangor Menteri Besar Khalid Ibrahim. Khalid revealed in a press conference today that the list of councillors was ready but passed the buck to the respective councils to reveal the names of people appointed to sit in the councils. He said that the names of the chosen individuals will only be disclosed by the respective local authorities once they are done with assessing the list. Khalid had said yesterday that he would be revealing the names today. The Selangor councillors' list has been a long-drawn affair, purportedly due to behind-the-scene moves by various parties on the composition and make-up of the councillors. And the final list as revealed by Khalid today showed that 25 percent of those named are made up of NGOs, professionals, activists and academics. The remaining 75 percent are members of parties from the Pakatan Rakyat with PKR dominating the composition. Neither Khalid nor state exco member Ronnie Liu revealed the exact numbers granted to each parties. Khalid said that some of those in the list came from the disabled community. The list also included 49 women councillors while about 87 percent of them possessed at least a diploma. "The councillors will all undergo a one-year probation period and if they prove that they are good with what they do, we will extend their contract to three years," said Khalid. Khalid also said that there were many talented applicants who had vied for the council posts - numbering slightly more than 1,000 people. He added that it would be a waste not to give them the opportunity if those chosen are found to be performing below expectations. Khalid also explained that Selangor will be divided into zones and that some of the councillors will lead each of their respective zones whereas some will lead numerous zones. Councillors will be given a salary of between RM500 and RM1,000 and a meeting allowance of RM100 per meeting. Khalid has retained city mayors, municipal council presidents and district chiefs. No MPs or Adun named Khalid also said that unlike under the Barisan Nasional administration, the present list of councillors had no members of parliament or state assemblypersons. The rationale for doing so, he explained, was to allow residents and ratepayers the ability to participate in a matter that would affect them the most. When asked if the list contained any BN members, Khalid said that none were as they would not be allowed to accept any position in the Pakatan government by their party leadership. The race-based quota for selecting local councillors has also been rid off, Liu added. The BN-led Selangor state government had in the past practiced the race quota system where representatives from each of the BN's race-based component parties would be allocated slots for representations based on the number of state seats controlled by that particular party. Liu, a DAP leader, however said that the Pakatan government want the tradition to be eliminated. "We cannot function like that anymore. We have to understand that Indian people can also serve the Chinese community and vice versa," he stressed. The issue of implementing local council elections, one of the key features of Pakatan's elections promises, was also raised by reporters. Both Khalid and Liu said that the Pakatan Selangor government was currently working towards studying the possibility of re-implementing it. "We know that local representation is important and we are working on it," added Khalid.

MADPET : TORTURE IN POLICE LOCK-UPS MUST END

MEDIA STATEMENT – 21/6/2008

TORTURE IN POLICE LOCK-UPS MUST END

- Install CCTV with recording capabilities

to ensure rights be respected and abuses end -

MADPET (Malaysians Against Death Penalty and Torture) is shocked at the allegation that persons arrested by the police were beaten up and sexually abused, including being forced to perform oral sex on one another at the Kajang police station. (Malaysiakini, 20/6/2008 “Detainees claim forced oral sex in lock-up”). One of the victims was a juvenile.

What was even more shocking was that the same officer allegedly, after a complaint was made to the Magistrate, did again torture the detainee-victims because “…they informed the magistrate about it…” It was reported that the victims’ lawyer did say that the alleged perpetrator/s“…then made them lick his boots, sprayed Ridsect (insect repellent) on their face and they were beaten up with pipes…"

MADPET also wonders whether the Magistrate, after receiving the complaint, did cause immediate investigation to be commenced about the alleged torture, for any failure on the part of the Magistrate to act speedily should also be investigated.

In many of the police stations in Malaysia, especially in the lock-up areas and interrogation rooms, apparently there are close-circuit television (CCTV) installed but unfortunately it does not have any recording capacity. If there was recording capacity, then investigation would have proceeded speedily, and the perpetrator/s would have been easily identified.

There has just been too many deaths in custody, and allegations about police torture in Malaysia, and that makes it imperative that all police stations, including lock-ups and interrogation rooms, be immediately equipped with CCTV, with recording capabilities. This would definitely ensure that rights of those arrested and detained are respected and protected. It would also definitely deter incidents of torture and even killing.

In Hong Kong, lawyers of accused persons have access to these recordings. It can then be determined whether rights provided for in law have been accorded to a particular person, and also to confirm that has been no torture, threat, promise or other non-permissible actions.

MADPET is also disappointed that Human Rights Commission of Malaysia (SUHAKAM)’s response to this complaint, as reported, was to just send letters to get details of the arrests and the remand.

SUHAKAM should have immediately gone down to the venue of the alleged torture, and started gathering evidence. Being a police station, many potential witnesses may not be accessible later, and there is definitely the real possibility of witness tampering by the perpetrators, more so when they are police officers.

MADPET reiterates the call that the government immediately set up The Independent Police Complaints and Misconduct Commission (IPCMC), as was intended and proposed by 2 Royal Commissions. We do not need any other kind of “IPCMC”.

MADPET calls for an urgent investigation into this allegation of torture, and that the perpetrator/s be thereafter charged and tried in open court. Any other internal form of discipline is not acceptable.

Charles Hector

N. Surendran

for Malaysians Against Death Penalty and Torture (MADPET)

21st June 2008

NO Local Council Elections in Selangor under PR...

That is the end of the call for "Local Council Elections" as far as Pakatan Rakyat's Selangor is concerned. Local Councilors are going to be appointed - yes appointed.

And, they all will have to undergo probation -- and if they pass muster, according to the Selangor government's standards, then they will be given 3-year contract.

"..."The councillors will all undergo a one-year probation period and if they prove that they are good with what they do, we will extend their contract to three years," said Khalid...." (Malaysiakini, 19/6/2008, S'gor local councillors list finally ready [http://www.malaysiakini.com/news/84717])

June 2008 - Appointed
June 2009 - End of Probation - Confirmed
June 2012 - End of 3-year contract..

So, when are we going to have our Local Council Elections...

General Elections - 2008
Next General Elections - 2012 - but definitely before mid-March 2013.

So, when are we going to have our Local Council Elections...

PROBATION - What nonsence? So, does that mean that those who do not "kow-tow" will not be 'confirmed'.

The Malaysiakini report interestingly do not say anything about any Local Council Elections...

I would have expected at the very worse, a short-term 6 months - 1 year appointment, just to give time to get ready for Local Council Elections

Sad, it is that some of those who were strong advocates for local council elections are now silent when in government...

It has been rumored that many from the Human Rights, Women Rights, Environment, Disabled Groups, ...civil society would be appointed ---- hence we may not hear that demand from civil society (at least not in the same LOUDNESS) about Local Council Elections...Alas, they may be compromised...and the call for local council elections dies away...

Shoot messenger ignore the message..The BN Way??

It was interesting how the BN and its cronies (including the 'government-linked-media[GLM] reacted to the position taken by SAPP. The message was ignored - and mud was slung at the messenger...

One NST report headline read 'He does not have support of own party'. - is he not the President...

Another headline read "Act of 'uncouth, irresponsible man', "A maverick politician" , blah...blah.

It was an attempt to be-little the impact of the thunderous slap given by SAPP to the current PM and his government.

Yong's past crimes were also highlighted -- oh yes, he was charged for illegal assembly, and after he pleaded guilty...he became Chief Minister.

He was allegedly charged of possession of dangerous weapons.

He lost his seat because the "....Election Court ruled that the electoral roll in the March 1999 elections was tainted with illegal voters.... also ruled that Yong's agents contravened the Election Offences Act by using billboards to smear a rival candidate...."

Come on...come on - we are here not to pass moral judgment on the this Yong character - and the PM and the BN must really look at the good reasons as to why they did what they did .

I was amused that "Menteri Besar Datuk Ahmad Said described Yong and his party's two MPs as ingrates. ..."( see NST,"Act of 'uncouth, irresponsible man' , 19/6/2008). After all, was this not the same man who stood so clearly against the Prime Minister, the head of Barisan Nasional, the head of UMNO. Did he not stand firm against all the other BN ADUNs....
(ingrate - a person who shows no gratitude thankless wretch, ungrateful person unwelcome person, persona non grata - a person who for some reason is not wanted or welcome - definition found in an online Dictionary)

Maverick means '...being independent in thought and action or exhibiting such independence: maverick politicians; a maverick decision...' That is good, is it not - after all surely we do not want our MPs, ADUNs, and party leaders to be mere 'followers' of the PM and/or the powerful UMNO or the mighty BN.

Ah yes..but being a maverick is not permitted within the BN - remember Shahrir Abdul Samad, SK Devamany, mmm they were really blasted and taken to task for for their maverick-ness.

I believe there really is a serious need for a campaign for freedom of expression within the BN and its component parties.

BN has a meeting, and a member is not called for that meeting. It was SAPP .... now surely, it will not be right. Wonder whether it will be OK if the BN had a meeting and UMNO was not called to that meeting.... Wonder whether any decision made in such a meeting would even be valid... It could not have been a BN meeting -- but was only a meeting of some of the component parties.

Heard that more likely than not, there have been similar BN meeting -- where some of the component parties could have met...

Anyway, does the BN have some sort of constitution, membership approval removal mechanisms procedures.... (Could we all get it from the Registrar of Societies...?)

I believe that small SAPP has had the guts to come out and make a clear pronouncement of its position..., and rather than trying to throw mud on the President - it may be best if the PM and the BN government take heed to what they feel and said. In a land like Malaysia, we can say what one said is indicative of maybe what a 100 or 100,000 more feel, who may lack the guts to come out and openly say it....

In fact, a secret ballot amongst all the members of BN component party members as to whether they still have confidence in the PM and this government may sting reveal results similar to what SAPP has openly stated...

We all know how the rest of Malaysia feels...

All members of Parliament...and wakil rakyats must learn from the courage demonstrated by SAPP -- Oh yes, this also goes for all you Pakatan Rakyat MPs and ADUNs.

At the end of the day, remember that you serve the PEOPLE first...not the Party or the Coalition...

It is no use staying silent in the face of injustice ....and then many years later come out saying that "I did protest...I did protest"... it is no use.

All you MPs of the BN today, your silence indicate that you are OK with the price hikes, you are OK with the use of water cannons, tear gas, arrest, detention of persons who just want to express themselves, etc.. The only way that we will know different is when you do come out and express that difference.

There will be attempts to force SAPP to withdraw their expressed position --- maybe also there may be attempts to support some anti-Yong factions within SAPP to try get rid of this President and all its supporters so that SAPP will once again be led by pro- Abdullah pro-BN kind of personalities....mmm. We shall see..we shall see...

Newspapers too must really learn to be independent -- There should have been at least some detailed reports looking into the reasons why SAPP did what they did...These was all clearly stated in the statement they issued, part of which I quote again..

"...us to recover our autonomy, get 20% oil royalties and return of Labuan would be lost.

Unfair federal laws, excessive taxes and structural imbalances in the economy will remain entrenched.

Sabah will remain the poorest state subservient to the central leadership.

Labuan bridge, poverty eradication and rural development will remain elusive.

Racial politics and wasteful monopolies will continue as usual.

The illegal immigrant problems will reach boiling point.

Grown up street kids, illicit drugs and crimes will continue to strike fear among the people.

Police and law enforcement will remain understaffed and under-resourced.

In other words, Sabah will lose out badly again. We will not get this window of opportunity for another 50 years, if ever again. In fact, we have now become suspicious of their delaying tactics.....

The people are also suffering from high inflation resulting from the recent astronomical and unexpected fuel price hikes which was contrary to a BN election promise. Fuel prices have brought about stagnation in the business sector.

Unemployment and social problems will rise.

But the government's responses seem ad-hoc, flip-flop and lacking in foresight with a fire fighting style.

This is why we have to START INSULATING ourselves from the external shocks such as oil prices and food crisis. The food and energy crises will last a few years. The effects will be around for many more years. This is worse than the financial crisis of 1997-98 from which Malaysia took five years to sufficiently recover....

With our political move today, SAPP hereby initiates the political process to claim 20% in oil royalties which is after all the natural resource of Sabah. With that extra billions, we can invest in agriculture, education, capacity-building and achieve self-sufficiency in many things. We can therefore insulate ourselves from the external shocks or economic tsunami...."

Save for Malaysiakini (and maybe some other alternative media), I did not come across any mainstream media talking about the reasons why SAPP did what it did...

Also interesting in Malaysiakini, is that report entitled "Sapp's expulsion will 'invite serious repercussion', where an UMNO member, interestingly is reported as saying that "...the stand taken by Sapp is “consistent with the concerns of Sabahans - oil royalty, illegal immigrants and the high inflation rate which can potentially increase the poverty level in Sabah”.

So, is SAPP really alone....or is it really a spokesperson for majority of the wakil rakyat of Sabah...

Was that a factor that resulted in the BN not taking steps towards the expulsion of SAPP from the BN...

"No confidence vote" NOW may be dangerous...

It is interesting to note that SABAH People Progressive Party (SAPP) has taken this stand now "..before the window of opportunity closes...". They have expressed that they have no confidence in Abdullah Ahmad Badawi as Prime Minister. They go further stating that they have no confidence in the government - and that is this Barisan Nasional government.

They, however, put on hold the question of whether they would be pulling out from the National Front (the Barisan Nasional), stating that this they will say at another press conference on 20/6/2008(Friday).

Reading some of the newspaper reports, gave me the perception that they would be making that announcement about pulling out of BN the Friday following the 23/6/2008 when the "no confidence motion" is said to be tabled BUT no...they will most likely tell us whether they remain in BN or not on 20/6/2008, that is in 2 days.

We could get news from the various newspaper reports about what SAPP said BUT better still if we get it from the horse's mouth itself, and so off I went to the SAPP Official website, cut and pasted below the statement posted there entitled "Why SAPP is making this stand now?" (http://www.sapp.org.my/)

Now, the question as to who will be moving the said No-Confidence Motion is not answered - SAPP said that they needed such a motion but fell short of stating that one of their 2 MPs will move it.

In any event, it is already a very BIG slap in the face for Abdullah Ahmad Badawi that a component party has come out and openly declared to the whole world that it has NO CONFIDENCE in the current PM and the government. In fact, whether there will be a 'no-confidence motion' or not in the Dewan Rakyat on 23/6/2008 matters not anymore...

The consequence of having a "No Confidence Motion" NOW

If the majority of the MPs in Parliament supports it- it means that the PM will have to resign, and the King appoints another PM( a new Cabinet) OR what will happen is that Parliament will be dissolved and we will have the 2nd General Election of 2008 (or maybe, worse case scenario, some proclamation of Emergency, eh??).

If the motion is defeated, then we have Abdullah Ahmad Badawi walking tall and looking strong. There will be no more the question of whether he enjoys the confidence of the majority or NOT.

After all, till this day, there is no positive indication that he does indeed enjoy "the confidence of the majority" in Parliament. Statements that he does do not count - we need to see hands raised, or signatures of the individual MPs on paper.

In fact there is also no indication that he has the support of the majority in UMNO today since he has never been voted in as President (let alone Deputy President) of UMNO. He just filled the empty-seat that Anwar left in 1998. And also by reason at that odd-undemocratic quota requirement, there has been no elections that he had to face that will prove that he has the support of the majority in UMNO.

Moving on, we wonder now how the BN MPs will vote?

I believe that many, who may have no confidence in the PM and/or the current government, may vote against the 'no-confidence' motion.

Why?
- Because, for them the consequence of the motion being carried is not acceptable, OR
- Because, it is just too sudden - and they do not have time to consult with party members and get feedback from their constituents, OR
- really maybe because it is just too soon and they have yet not reached any decision with regards their own personal political future

and as such more likely than not, the "maintain the status quo and play safe.." kind of attitude may prevail and the 'no-confidence' motion.

For some a "no confidence vote" may be seen too being too drastic -- like shooting with a gun aimed at the heart - when all that may be ready to do at the moment is a "rap on the knuckles" or a "slap on the face" or a "quite whisper asking to resign".

For some, they will say that it is not in our culture - better to allow Abdullah Ahmad Badawi to himself tender his resignation rather than to force him out vide a "no confidence vote"

There are just too many things happening at the moment - not just the possible change in Government from BN to Pakatan Rakyat --- BUT there is also that expressed desire and action within UMNO to remove Abdullah Ahmad Badawi as President (and some also want Najib out as well). There are also others who definitely do not want Najib to become the PM or the President of UMNO - and they may be willing to keep Abdullah on until they are sure that the successor will be someone other than Najib.

MCA and some of the other component parties are also having problems in their own house.

All these wrong reasons may at the end of the day see any 'no-confidence-vote' defeated - and will send the wrong message to the RAKYAT, and which may be capitalized by Abdullah Ahmad Badawi to justify his continued Premiership.

So, at the end of the day it may be good if there is maybe NO 'no-confidence-vote' at this moment in time in the Dewan Rakyat. As a alternative, it maybe better for more MPs and wakil Rakyats to come out and declare that they have 'no-confidence' in Abdullah Ahmad Badawi and the government, and when about 20 or so have done so, the message is clear and we hopefully will see :-
(a) Badawi's resignation, OR
(b)Resignation and Dissolution of the Cabinet, OR
(c) Dissolution of the Dewan Rakyat paving the way for another General Elections OR ...(d) maybe some Proclamation of Emergency (Parliament Dissolved, People arrested and detained under ISA, etc...). We certainly hope that Option (d) will never be resorted to ever.

What about the Pakatan Rakyat - are they ready for a "no-confidence vote"? Are they ready to take over NOW -- so much earlier than their proclaimed date of September 16?

Oh yes - there is that SPEAKER person as well to consider who may just disallow such a motion - and we have seen him prevent debate and vote on many an important motions..

Oh maybe, SAPP may backtrack....

No confidence vote" NOW may be dangerous...

We shall see....we shall see...


Below from the SAPP website:-

"Why SAPP is making this stand now?

KOTA KINABALU, June 18, 2008: We must make a stand before the window of opportunity closes. This window of opportunity closes by August after which Sabah would be forgotten again. The nation's attention would switch to MCA and UMNO elections, people will be pre-occupied with the fasting month, Hari Raya, school exams and year end events. Political fatigue in the national mainstream over "Sabah-Sabah-Sabah¨ issues would set in.

The momentum for us to recover our autonomy, get 20% oil royalties and return of Labuan would be lost. Unfair federal laws, excessive taxes and structural imbalances in the economy will remain entrenched. Sabah will remain the poorest state subservient to the central leadership. Labuan bridge, poverty eradication and rural development will remain elusive. Racial politics and wasteful monopolies will continue as usual. The illegal immigrant problems will reach boiling point. Grown up street kids, illicit drugs and crimes will continue to strike fear among the people. Police and law enforcement will remain understaffed and under-resourced. In other words, Sabah will lose out badly again. We will not get this window of opportunity for another 50 years, if ever again. In fact, we have now become suspicious of their delaying tactics.

This is why we need an immediate declaration of no confidence in the PM and the government to tell the Barisan Nasional Federal Government that we can no longer tolerate their insensitive attitude towards the Sabah issues that are real and serious.

The people are also suffering from high inflation resulting from the recent astronomical and unexpected fuel price hikes which was contrary to a BN election promise. Fuel prices have brought about stagnation in the business sector. Unemployment and social problems will rise. But the government's responses seem ad-hoc, flip-flop and lacking in foresight with a fire fighting style.

This is why we have to START INSULATING ourselves from the external shocks such as oil prices and food crisis. The food and energy crises will last a few years. The effects will be around for many more years. This is worse than the financial crisis of 1997-98 from which Malaysia took five years to sufficiently recover.

In Parliament on May 13, a BN Federal Minster killed off any hopes of a review of the petroleum royalty for the oil producing states of Sabah, Sarawak and Trengganu by declaring that the oil royalty shall remain at 5%. With our political move today, SAPP hereby initiates the political process to claim 20% in oil royalties which is after all the natural resource of Sabah. With that extra billions, we can invest in agriculture, education, capacity-building and achieve self-sufficiency in many things. We can therefore insulate ourselves from the external shocks or economic tsunami.

Is SAPP pulling out of the BN?

We will have a press conference o Friday June 20 to announce this matter of SAPP membership in BN after our Supreme Council meeting. This is the most popular question of the week. Actually, the BN has already left Sabah. The spirit of BN is no longer there. It is not that Sabah does not want BN; it is BN that does not want Sabah. The BN does not recognize the contribution of Sabah to the national mainstream. Ask any Sabah UMNO leader privately, they will pour out their frustrations. Remember the speeches of MPs Datuk Anifah Aman on "terrace houses¨, Datuk Ghapur Salleh, Datuk Wilfred bumburing and Datuk Eric and Datuk Dr. Chua Soon Bui? Many BN component leaders also share our feelings...."

RM81 million for Pos Malaysia to hand out rebates?..Wasted public funds.

I just received an e-mail containing some matters of concern:-

a) Why did Pos Malaysia Berhad (a private company that allegedly will earn 10 sen for every RM10 given out) given the Business of handing back the fuel-rebates to car and motor-cycle owners, and not JPJ or some other government department? From the whole exercise, PMB will allegedly make about RM81 million if all vehicle owners go and take their money.

b) ECM Libra, who just declared a net profit of RM84-4 million compared to RM20.2 million the year before, allegedly directly or indirectly owns a significant stake in PMB. Hence, out of that RM81 million, how much would ECM LIbra get.... (We all remember how our Prime Minister Abdullah Ahmad Badawi, through his one and only son-in-law, was associated to ECM Libra some time back).

c) I do not understand the logic of wasting that RM81million - which is public money, which could have been saved if the JPJ (or some other government department) was used to pay out the rebate.

*** I have attached the said e-mail below, but wish to state that I cannot yet the verify the truth of the said allegations. Hope that the said allegation may lead to some person/s starting out and investigating the matter (or alternatively be something that one of our Wakil Rakyat may want to ask the government...)


"ECM Libra's revenue for the financial year ended January 31 2008 rose to RM205.1 million from RM144.5 million in the same period last year.

Net profit rose to RM84.4 million from RM20.2 million previously.

Executive chairman/chief executive officer Datuk Seri Kalimullah Masheerul Hassan said the group would try to better the fourfold increase in net profit in the coming years. He said although 2008 would be a challenging year given the increasing price of oil and inflation, there would still be opportunities for the group." - Business Times Online 18/6/2008

The said E-mail (truth unverified - could contain untruths or could be all true...)

"...(PMB) through it's acquisition of Avenue Capital Resources in 2006.
That deal left a bitter taste in the mouths of those knowledgeable in
the financial world as it was a clear case of insider's trading. Note
that Khairy Jamaluddin was a Director of Investment in ECM Libra in
2004 before he tendered his resignation after this infamous debacle.
However, Pak Lah's closest crony, Dato' Seri Kalimullah is currently
the Chairman and Chief Executive Officer of ECM Libra.

Recently, PMB was given the job of giving out the cash rebates to
replace of fuel subsidy. It is quite odd on why JPJ was not given this
role but instead it was given to a postal service company. Instead of
the more efficient and more relevant job function of the JPJ, these
cash handouts responsibility were thrusted into the already
mountainous variety of services PMB had to handle. The only defence
that Pak Lah might see the appropriateness of this move is the many
branches of post offices nationwide which the public can easily have
access.

But now, let's see how Pak Lah and his cronies get extra money out of
this purportedly 'for the rakyat' act of selflessness.

For every transaction, PMB will get 10 sen commission on every RM10 of
that RM625 and RM150 (for cars and motorcycles respectively). That
means, for every transaction, PMB will get RM6.25 for cars and RM1.50
for motorcycles in the form of transaction fees.

There is about 11 million cars and 8 million motorcycles in this
country at the moment. Let's do the math :

RM6.25 x 11 millions = RM68.8 million (for cars)

RM1.50 x 8 millions = RM12 million (for motorcycles)

A cool total of RM81 million for the whole exercise per year. Even if
we use pareto principle and apply the 80/20 ratio, RM65 million (80%
out of RM82 million) would still fall in their hands. And this does
not include the commission from RM200 subsidy to be given to each
fishermen in the country!

With RM117 million already paid out during the first day, I wonder how
much PMB will collect by March 2009. This role was given to PMB and
not JPJ because PMB is a public listed company (read: profit oriented)
while JPJ is government owned entity (read : no cost to public). It's
even funnier that those who own cars 2,000cc and above were told to
claim their RM200 rebate from the JPJ, not PMB. Why is this? Well,
there are not many people with cars above 2,000cc in Malaysia anyway.
And JPJ do not impose any fees.

This cunning way of trying to 'help' the poor while at the same time
enriching one self is very much prevalent in Pak Lah's administration.
What's worse, they are emptying the nation's coffers (from the
Treasury) in the form of cash rebates and transfer a percentage of it
into their own pockets (through fees paid into PMB and ultimately into
ECM's bank accounts).

And that my friends is how the poor get screwed to help the rich get
even richer! (Orang kaya menjadi bertambah kaya kerana orang miskin).

These poor people did not realize that they had helped finance Pak
Lah's cronies indirectly

ECM Libra FInancial Group Berhad has a stake in Pos Malaysia Berhad...."

Pakatan Rakyat SCARED of holding Local Council Elections now...because BN may win.

Pakatan Rakyat, where is that LOCAL COUNCIL Elections. You are no better that the Barisan Nasional , because all you do now is just appoint those from your coalition partners, and some others.

3 Persons choosing is really not we should be having . We want the PEOPLE to elect in their own Local Councillors, Village Heads, Taman Heads, Penghulus, etc...


Even if there is any legal hurdles to overcome before Local Council Elections(which is doubtful, as many have opined that there is nothing stopping the holding of elections) could be held, at the very least, the PR Governments should have got the people to indicate their choice. A referendum could have been held - if an election could not. The persons indicated by the people vide a referendum could then be appointed. There are always ways and means of doing this -- and I say, that what the Pakatan Rakyat is scared of is that if there is elections, then maybe the BN members and their supporters may win at the local government level. After all, it is a trend that the people always wants some kind of balance, i.e. if the State Government is Barisan, then maybe the local council should be Opposition.


It is FEAR that has cause the Pakatan Rakoyat to back-track from their promises of holding local council elections. Admit it.

Anyway, if you appoint them councilors now in 2008 - and given that terms of office is reasonably 3 years, does this mean that we will be having local council elections in 2011 now....BULL SHIT, by then we will be having our next elections and there will be no local council elections -- and even if they did have such local council elections, it will not give enough time for them elected local council to complete their term and show that 'Elected Local Councils' can also work -- maybe even work much better. After all, to be elected again the elected local councillors have to keep the concerns needs and welfare of the people first. (If there is no elections, then all potential and current local council members need to do is to make sure that they are in the good books of the leaders of the PKR, DAP and PAS, also the Menteri Besar and the State Government.)

Let us have LOCAL COUNCIL ELECTIONS NOW - in fact let us have elections at all levels - the Taman, the Kampung, the Housing Courts, etc. We have to do it NOW, with a plan to try and have the next elections before the next General Elections. And if we manage to do that, we have given the RAKYAT a taste of Democracy, and even if the BN government comes back in power - dismantling the democratic structures and practices in place would be most difficult.




2008/06/17

300 in final lap to be councillors

By : Brenda Lim

Rehda secretary-general Datuk Francis Lee (right) being interviewed by A. Sivanesan (left foreground), Nga Kor Ming and Mohd Zainuddin Mohd Yusof for a local councillor's post.

IPOH: Some 300 men and women, declared as the "cream of the cream" of over 2,600 applicants, will have 10 minutes each to convince a panel of three state executive councillors that they are the most suitable candidate as councillors in Perak's 15 local councils.

Ng Wah Seng is the oldest short-listed candidate.

With only 94 of the 333 posts open to the public, the competition was stiff, and many candidates were well-known public figures with illustrious careers, said state Local Government Committee chairman Nga Kor Ming.

They include the owner of Perak's largest architect firm, a former Public Works Department engineer, a former health director of the Ipoh city council and the secretary-general of Real Estate and Housing Developers' Association (Rehda) Malaysia.

Although Nga, state Health, Environment, Human Resources Committee chairman A. Sivanesan and state Religion, Religious Education, Women and Culture Committee chairman Mohd Zainuddin Mohd Yusof would conduct the interviews and make the final decision, the short-listing was done by an independent advisory panel.

For the first time, all local councillors would make statutory declarations that they had a clean record and were not bankrupt, and would also sign a document agreeing to adhere to a code of ethics, said Nga.
Meanwhile, on his application to be part of the Ipoh city council, Rehda secretary-general Datuk Francis Lee said he was in a position to contribute as he was well-versed on the needs of the general and business community.

Retired Ipoh city council chief clerk M. Kana, 60, stressed that local councillors and council department heads should make monthly visits to various parts of the city to address city woes, while lecturer Dr Cheah Phaik Kin, 33, said she supported the move to seek public feedback so that there would be a balance between top-down and bottom-up administration.

The oldest shortlisted candidate, 74-year-old petrol kiosk operator Ng Wah Seng said he was glad that the present administration was open to non-governmental organisation participating to help improve the city.

Former chief inspector of schools Mohd Zabidi Abdul Latiff, 67, said he would strive to make Ipoh a cleaner and safer city, while housewife Chan Foong Leng, 47, who applied to be a councillor for the Kinta Barat district, said she wanted to help more people, especially single mothers and poor families.

What is the real agenda of Abdullah Ahmad Badawi?

Abdullah Ahmad Badawi is really dishonest, or is he?. One day, he says that he will be leaving and handing over the reigns. Next, he is saying that he will be defending his UMNO presidency in the party elections in December. (Maybe, he is not dishonest and the agreement was that he will be handing over power in 3 or 10 years time..)

It is not just the PM, but the BN government. At one time, they tell us that they may have to raise fuel prices in August - and then suddenly raise it.

Many are rushing to the Post Office to collect their money fast - because knowing the BN government, tomorrow there may be change of mind - and no more money will be given out to vehicle owners.

Let us consider Abdullah's latest statement that he will be defending his Presidency.

If he is still Presidency of UMNO after December, would we not all have to wait for the next time that UMNO has its elections for any abdication and transfer of power to Najib? If it done before that, Najib will only be the "ACTING" UMNO President, possibly also be seen as the "ACTING" BN leader but he can be PRIME MINISTER if the King do choose to appoint him, and that is if he does enjoys the confidence of majority in Parliament.

But then if the Pakatan Rakyat takes over soon, then all this will not matter anymore - save for UMNO.

But then, if there is sufficient nominations (and that is if the UMNO Divisions have the guts to nominate some other than the incumbent), then we may have a challenge and members can vote in the next UMNO President - and that vague 'Badawi-Najib Agreement' will be immaterial.

Reading the Star Report entitled "UMNO heads hail handover pact" ( I have attached this report below), it confirmed my earlier posting that the Supreme Council was also not aware of the fact and/or the contents of the Badawi-Najib agreement. They also seem to be non-committal in their responses - it is for sure NOT an all out support for the agreement, the transition plan, etc... Interestingly, I also did not see the BN Component parties "hailing" that announcement.

The way things are moving, we may be looking at a whole lot of changes in Malaysia - we may also be seeing a 'reformasi' in UMNO and the Barisan Nasional - where demands for consultations, accountability, transparency and democracy are getting louder and louder. This practice of current leader handing over power to next leader seems to be no longer preferred. Members of UMNO seem to want to choose their own leaders..not just at the National level....but also at the State level.

Sometimes, I do wonder whether Abdullah Ahmad Badawi is as foolish as he seems. If he is not, I wonder what his real agenda is. After all, some do say that this Abdullah Ahmad Badawi was the one who created the rift between Mahathir and Anwar - and got himself to be Prime Minister. Some also do say, that this Abdullah Ahmad Badawi was the one who got out-witted Mahathir into giving up his premiership. So, maybe we should be asking as to what this Abdullah Ahmad Badawi is really up to? What is his REAL AGENDA?

Sunday June 15, 2008 MYT 10:19:15 PM

PM: I'll defend my post!
By YAP LENG KUEN

PUTRAJAYA: Prime Minister Datuk Seri Abdullah Ahmad Badawi has reiterated that he will defend his Umno presidency in the party elections in December.

Even though he has announced his plans for his deputy Datuk Seri Najib Razak to take over, he has not decided precisely on the date of handover.

“Anytime doesn’t mean two or three months,” he said at a briefing on Sunday to media leaders attending the World Economic Forum on East Asia here.

Abdullah denied that political uncertainty had negatively impacted foreign investments and he had, in fact, received many enquiries from the Middle East.

On the economy, he said a growth of 5.5% was achievable and that some mega projects could be adjusted while those people-centric projects with immediate impact would be implemented under the Ninth Malaysia Plan.

“This will be after the midterm review when we will also introduce new areas of 'soft development',” he said, referring to the corridor developments especially in Sabah and Sarawak.

On the criticism that some of the reform measures were still weak steps, he said: “Reform has to be gradual. I will continue my work and it is not my attitude that just because you do not support me, I say forget it.”

His priorities would be to strengthen the Anti Corruption Agency, judiciary and police force while ensuring quality opportunities in the development corridors to address the issue of equitable income distribution.

On the proposal to repeal the Internal Security Act, he said there could be some aspects to be reviewed and amendments. He would not be “completely doing away with preventive detention” although ensuring justice was equally important.

In the case of the Hindu Rights Action Force leaders under detention, he said he knew how the people felt, but he had studied the reports and viewed that it was not an issue of politics.

Rather, it was a case of people resorting to activities that undermined national security, he said.

Abdullah said he was aware of Opposition-led protests against high prices.

“They can continue but I will do what is best for the people.

“They are furious (at the high prices including fuel prices) but they have been getting things cheap. The rate of increase and size (of subsidy payments) has become untenable and unsustainable in view of the amount we have to set aside for the annual development budget.”

____

Sunday June 15, 2008

Umno heads hail handover pact

KUALA LUMPUR: Umno leaders hailed the transition agreement between the Prime Minister and his deputy as “a good move” but one said that that was a forgone conclusion and wanted the specifics instead.

Umno supreme council member Datuk Seri Dr Mohd Khir Toyo said details like when it would happen would quell uncertainty, especially with the party election so close.

“The handing over of the leadership is a good move. But everybody knows that (Umno president) Datuk Seri Abdullah Ahmad Badawi will pass the baton to Datuk Seri Najib Tun Razak (deputy president); there's no need to talk about that.

“It is more important to reveal when it will happen. If it happens at the end of this year, why, and if it materialises next year, what are the reasons for making that deadline,” said Dr Khir when interviewed yesterday.

Without the details, Umno supreme council members would not be able to give proper answers when questioned by the grassroots and this would not help reduce the uncertainty, added Dr Khir.

The former Selangor mentri besar added that the details should not be privy to Abdullah and Najib alone because “they belong to the country, and the people have the right to know the leadership direction of the country.”

In Petaling Jaya, Umno vice-president Tan Sri Muhyiddin Yassin said it should be left to the Prime Minister/Umno president to work out the transition plan.

“But any plan that is put forward must also take into concern the feelings and sentiments of the people and Umno grassroots,” he told the press after handing out prizes to TSM Golf Challenge winners.

Asked whether he thought leaders should not contest the Umno top posts, as a transition agreement had been announced, he replied: “We will have to wait and see what the plan is all about”.

“For now, it’s just a statement mentioned by the Prime Minister,” he said, adding that they would have to see what Najib had to say.

When asked if he had any idea when the transition might be, he replied: “No idea”.

In Alor Gajah, Umno vice-president Datuk Seri Mohd Ali Rustam hailed the handover pact as a positive move for stability in the party and country.

Mohd Ali, who is also Malacca Chief Minister, urged the people to be patient and allow the transition to take place accordingly.

On the possibility that there may be some quarters within Umno who may want to see the transition disrupted, he expressed confidence that this would not happen.

“I hope party members will pay heed to the agreement reached between the two,” he told reporters this after visiting the Kelemak Industrial Zone yesterday.

In Kuala Lumpur, Energy, Water and Communications Minister Datuk Shaziman Abu Mansor said it was good if both the Prime Minister and Deputy Prime Minister could work hand-in-hand.

Asked when he thought was the right time for a leadership change, the Negeri Sembilan state liasion committe deputy chief said that that was for the Prime Minister and his deputy to decide.

Rakyat came to appeal to the King ...Did the King ask the police to arrest them?

Rakyat gathered to appeal to the King ...and the police arrested them...Did the King asked the police to arrest them? I think NOT. So why are the police arresting people who want to see the King - why are the denying RAKYAT access to the King? Was the police acting on their own...or on the orders of the Barisan Nasional government?

If the King told the police to STOP them, ARREST them, DISPERSE them, it is OK -- but if not, would this kind of behaviour be disrespectful of the King.

Mr Policeman, remember the Rukunnegara - Kesetiaan kepada RAJA dan Negera (Loyalty to the King and Country).

Some have asked as to why they are protesting here ...and protesting there - risking to get arrested. Once or twice, would have been OK but this is really going overboard.

Well, when it comes to the ISA and Detention Without Trial - then REPEATEDLY we must raise the issue until at last the Prime Minister decides to release them who are being detained.

In a criminal case after trial, where the court finds you guilty and sentences you - there is some certainty as to how long you will be imprisoned. How good behaviour will reduce the length of your incarceration -- BUT with the ISA and other Detention Without Trial, there is NO certainty as to how long you will be locked-up. At one time, the Minister can make a 2-year Detention Order, and he can continue making it over and over.

With regard to the HINDRAF 5, it is sad that our Prime Minister Abdullah Ahmad Badawi is not releasing them even after MCA, GERAKAN and MIC, major partners in the BN have asked him to do so. Talk about showing respect to the views of your MAJOR partners in BN.

So on we go - repeatedly calling for the release of the many who are being detained under the ISA and other laws that allow for Detention Without Trial.

Sunday June 15, 2008

Three MPs, three PKR members held at Istana rally

By TEH ENG HOCK

KUALA LUMPUR: Three Members of Parliament were among six people arrested yesterday for participating in a rally in front of Istana Negara.

Kapar MP S. Manikavasagam, Subang MP R. Sivarasa and Ampang MP Zuraida Kamaruddin were arrested at 10.30am for protesting against the detention of Hindu Rights Action Force leaders under the Internal Security Act.

Three other PKR members were also arrested.

Special gifts: Children walking to Istana Negara in Kuala Lumpur with gifts for Tuanku Mizan yesterday.

Brickfields OCPD Asst Comm Wan Abdul Bari Wan Abdul Khalid said all of them were released on bail by 12.45pm.

He said police arrived at about 10am and asked members of the public, including tourists, to vacate the area around Istana Negara’s main gate.

“Everybody left except for a group who refused to leave. We gave them three warnings to disperse. Deputy OCPD (Supt Azri Abd Rahman) spoke to them, and at 10.20am, I gave them five minutes to disperse.

“At 10.25am, they still refused to leave so we arrested them. No force was used, and they also did not resist arrest,” he said.

At 10.35am, ACP Wan Bari said a group of 70 people, including children, alighted buses parked some distance away and walked to Istana Negara, the official residence of Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin.

“Each child was carrying a basket with flowers and a teddy bear and lined with yellow cloth. They left the baskets in front of the palace gate,” he said, adding that they left after they were asked to.

ACP Wan Bari said he could not comment further on investigations as “counter-reports have been made” against him for ordering the arrest of the six, and his comments would prejudice investigations.

The seventy children represented the 70 men currently detained under the ISA at the Kamunting detention centre in Taiping.

They were accompanied by their mothers as well as other family members.

The event was organised by the Hindu Rights Action Force (Hindraf) and joined by members of the Gerakan Mansuhkan ISA.

According to Hindraf national event coordinator Kannan Ramasamy, they gathered to appeal to the King to advise Prime Minister Datuk Seri Abdullah Ahmad Badawi and Home Minister Datuk Seri Syed Hamid Albar to release all the ISA detainees.

Pakatan Rakyat states can provide safe haven to Burmese..Acehnese refugees, etc.

No human being is illegal - and our MEDIA and everyone must get this right. As such there can be no "Village of illegals".

To enter a country the law provides a legal means of entry -- and those that sneak-in through some other means have illegally entered the country.

A better term to use, is DOCUMENTED and UNDOCUMENTED... those who have illegally entered the country are the UNDOCUMENTED.

Now before you are allowed to leave a county through the legal doors, you would need a Passport or some other travel documents. To enter another country, like Malaysia, legally, you also need a passport.

Now, some people do not have "passports" - and they would not have been given passports by their home country even if they applied. Such will be the situation of those from Burma. Many from Burma are running away from possible arrest, detention, torture and death... they are refugees....and without this documentation, they also have to sneak into a country like Malaysia.

Let me just share with you something about what happened and is happening in Burma...

On 4 January 1948, the nation got its independence from the British and became an independent republic, named the Union of Burma.

A military coup de tat led by General Ne Win ended Democratic rule in 1962.

In 1988, General Saw Maung staged another coup d'état against the Ne Win government and formed the State Law and Order Restoration Council(SLORC). In 1989, SLORC declared martial law.The military government finalized plans for People's Assembly elections on 31 May1989. SLORC changed the country's official name from the "Union of Burma" to the "Union of Myanmar" in 1989.

In May 1990, the SLORC military-government held free elections for the first time in almost 30 years.

The National League for Democracy(NLD), the party of Aung San Suu Kyi, won 392 out of a total 489 seats, but the election results were annulled by SLORC, which refused to step down.

In 1997, the State Law and Order Restoration Council was renamed the State Peace and Development Council(SPDC). Since 1992, General Than Shwe has led the SLORC and now the SPDC.

Now many of them Burmese who are here "illegally" are those that are trying to escape persecution and even death. They may be members of the Opposition parties, student groups, and others who have been 'blacklisted ' by the current Burmese 'government'. There are also the tribals - the Shan, the Chin, the Rohingya, the Kachins, etc that are also targets and some of these communities are also in a struggle for independence. Of course, the government of Burma is not going to issue passports to these people - who are also not fool enough to go and apply for one passport.

As part of that repression, the government of Burma also do not recognize some of these peoples as their citizens. With regard to some of the tribes, they too would not like to be identified as being Burmese citizens - as they are in a struggle for independence. Now, these would be them stateless persons.

Of course in Malaysia, we also have a lot of documented Burmese migrant workers as well - and for them, their problems are the same as the other migrant workers.

The number of Burmese undocumented persons in the country is said to be about 150,000. According to a report on April 2008, the United Nations High Commission For Refugees (UNHCR) has only managed to register 39,000 Refugees, out of which 25,000 are Burmese.[Reuters, 21/4/2008:- Myanmar detainees riot, set fire at Malaysian Camp"]

Until the UNHCR can get to them, many will have to just hide and hope that they will not be picked up by the Malaysian authorities and classified as just "undocumented migrants" - when they should actually be accorded refugee status.

It is very EVIL to raid their homes, arrest-detain them like these. Our authorities knows the situation of these Burmese. From the surveilance had been done for the past 2 years...., was it not obvious that these were not just "undocumented migrants"?

We have seen the BN government's position and behaviour about these Burmese migrants - and today, there are 5 States under the Pakatan Rakyat government. Maybe there should be a clear policy about this --

* Provide a safe haven for all Burmese undocumented migrants in the Pakatan Rakyat States (that means these migrants will not be subjected to any form of harassment, arrest, detention, deportation, etc by the Police, the Immigration, the RELA, etc whilst they are in the said States.) The State would also assist the UNHCR and/or other relevant bodies process and recognize these persons as Refugees.

* The Pakatan Rakyat states can also create the right of access to education to all persons in their State. Steps could also be made to ensure that children of undocumented migrants (not just the Burmese) have the opportunity to have access to pre-school, school education..

* The Pakatan Rakyat states can also create access to health care - without documentation, it is very difficult to get access to healthcare even in the government hospitals and clinics. In fact, that "high fee" that is being charged currently at all government healthcare facilities should be done away with..

Well, maybe not the Pakatan Rakyat states but also the BN states and the Federal Government can all be more HUMAN in our response to these LEGAL HUMAN BEINGS..

Sunday June 15, 2008 (Star Online)

Village of illegals exposed

By STEVEN DANIEL

KUALA LUMPUR: A community of illegal immigrants living in a forest near Taman Desa, Kepong, was uncovered by Immigration officers who arrested 48 people, mostly from Myanmar.

There were eight women among them aged between 20 and 37 years. City Immigration Department director Mohd Khamdee Khuzaini Tukiman said they were detained yesterday morning after two years of surveillance.

He said 66 people from four departments, including the Immigration Department, Rela, Civil Defence Force (JPA3) and National Registration Department took part in the operations.

In the 11.30am raid, the enforcement officers posed as construction engineers who trekked 15 minutes into the jungle before reaching the village.

Some of the immigrants were cooking and did not realise the impending raid.

But once they realised what was happening, most of them gave up without a struggle, though a few dashed into the nearby forests to avoid capture.

“They built make-shift shacks to live in, two kitchens to cook their meals and even a place of worship. A large water tank was also found nearby,” Mohd Khamdee said.

He said the village, believed to have been set up a year ago, housed immigrants who worked in nearby factories.

“We also received information from the public that on Saturdays up to 150 Myanmar nationals from nearby areas who would meet in the village to party,” Mohd Khamdee added.

Several objects, which could have been used as weapons, were also seized in the raid.

He said all of them had no documentation and would be sent to the Semenyih detention depot while waiting to be charged with violating Section 6 (3) of the Immigration Act.

He advised locals not to employ and protect illegal immigrants and urged them to call the respective state immigration departments if they had any information on illegal immigrants in their areas.

We should stop letting US dictate our LIFE...

The United States of America calls the shots and "all" the nations of the world jumps up and pathetically follows suit. After that 9-11 (or should it be 11-9, as it happened on 11th of September) incident concerning them Twin-Towers, the US started a war on terror. And out they went drawing up lists of countries that supported terrorism. Malaysia, I believe, was at one time on this lists. Countries, not to be subjected from pressure, jumped up and down doing everything that the US said needed to be done. For us in Malaysia, we had the famous Al-Maunah case as that indicator that we in Malaysia will take serious action against "terrorists". 3 of them were sentenced to death, and have allegedly already been executed. Some still wonder whether there was really that whole "Al-Maunah" incident or was it just a "sandiwara"(a play-acting). Malaysians did not believe that incident, and very few even bothered to follow the proceedings of that case. But when the decision was made at the end - it seemed that there was a 30 minute program on it in Al-Jazeera (I did not see it BUT I heard it from friends - not sure).

Then there was the whole issue of Intellectual Property and Copy Rights -- and again because of the US pressure (or rather to please the US), Malaysian government started cracking-down on pirated VCD /CD/DVD - they even had a couple of dogs brought in to smell out pirated stuff.

Of late, the new pet project of the US is Trafficking of Human Persons. And again, countries like Malaysia are yet again jumping up and down -- worried about which list they are being put on by the US. It seems that reading the recent Malay Mail report tells us that the US has found us doing better and have put us in a new "Tier" - why do we even bother about what the US does or think...

In Malaysia, there are about 2.2 million migrant workers, and about 2-5 million undocumented migrant workers.

These undocumented migrants usually sneak into the country by themselves, or are assisted by some persons for a fee - and the later are them "smugglers". They are NOT traffickers.

The slave traders of good oled USA were human traffickers - whereby the took people without their consent and forced them into slavery. Is this pre-occupation with trafficking now a sign of repentance for a people who were the biggest 'human traffickers' at one time.

SEX WORKERS - yes, this do exist. Women (and even men) use their bodies and their mind as sex workers by choice. Sometimes, they are self-employed, sometimes they work for some other. Unfortunately, in Malaysia, we have not yet recognized "sex work" as work - and this is something that we must seriously consider.

In any event, sometime it is sad how the media and "we" do condemn persons to be 'prostitute', "sex workers", etc... and the only recent is because they are well dressed pleasant women, usually not from Malaysia, who were arrested in some pub or karaoke -- WHY? Is it wrong for such women to patronize such places - I do not think so. Did you catch them having sex? Did you catch them asking for money for sexual favours? Did you catch them receiving money for sex? But then, why...why do you brand them "prostitute" -- and why do the Immigration Department charge them for violation of their social visit pass. Many a time, these foreign tourist or migrants just want to get back to their own country and away from this "bad treatment" accorded to them in Malaysia - and so we do not see any defamation suits yet.

If I was one such women, and the media potrayed and called me "prostitute" or gave the impression that I was such, I would sue the Newspaper, and the relevant authorities. Violation of social visit pass - prove it. But then sadly, many lawyers and judges are also similarly prejudiced...

Not to say that there is no trafficking happening -- there is but the numbers is not as significant as the US wants us to believe.

But why should we bother what the US thinks - their track record in human rights is pathetic.








Malaysia a centre for sex and labour traders
Sheila Rahman

MALAYSIA is still a destination and, to a lesser extent, a source and transit country for women and children trafficked as sex slaves.

If it is not sex, then it is forced labour and even slavery too of men, women and children.

In the just released global assessment Trafficking in Persons Report 2008 of the US Department of State, Malaysia is among 40 countries that have been placed on a Tier 2 Special Watch List of countries.

These countries are under scrutiny for sex trafficking — by force, fraud and coercion — and the treatment of migrant labour subjected to “involuntary servitude, peonage, debt bondage, or slavery”.

The bit of good news is that Malaysia’s record has improved slightly, as in the 2007 report Malaysia was in the worst category, Tier 3.

“Concrete steps still need to be taken to address both sex trafficking and labour trafficking,” said National Human Rights Society (Hakam) executive committee member Alice Nah, who is also co-coordinator of the Migration Working Group, a network of civil society groups lobbying for the protection of migrants, refugees and stateless persons.

Nah said the reason for Malaysia moving up a notch to the second tier was most likely because of the recently enacted Anti-Trafficking in Persons Act 2007.

“While this is definitely a positive step forward, realities on the ground have not changed significantly. In fact, some Malaysian government policies and practices still contribute directly to human trafficking,” she alleged.

“For example, the Malaysian government continues to arrest, detain and deport asylum seekers, refugees and stateless persons from Myanmar. Deportees tell us that the authorities hand them over to smugglers or traffickers at the Malaysia-Thai border, who force them to pay between RM1,400 and RM2,500 for their release and return to Malaysia.” Apparently, the men who are unable to pay are sold to work on deep sea fishing boats while the women are sold to brothels.

Nah said there was also a high incidence of migrant workers caught in work situations that are very different from what they were promised in their home countries.

“They are cheated and exploited, but then find it almost impossible to seek redress. They are often forced to work in order to pay off debts incurred because of exorbitant recruitment fees. This constitutes bonded labour,” she explained.

In the introduction to the report, the first mention of Malaysia is in a boxed story that reads: “’It’s like I’m out of hell,’ proclaimed Indonesian worker Arum after his experience in Malaysia. He spent seven months on a rubber plantation working 13 hours a day, seven days a week without pay, until he escaped — only to be arrested, imprisoned, flogged, and deported.” While stating that the Malaysian government is making significant efforts, the global assessment Trafficking in Persons Report 2008 states that it does not fully comply with the minimum standards for the elimination of trafficking.

“Malaysia is placed on Tier 2 Watch List for its failure to provide evidence of increasing efforts from the previous year to tackle its large and multi-dimensional trafficking problem, including its forced labour problem.” While the migrant workers come willingly into the country, some are subsequently subjected to conditions of involuntary servitude by Malaysian employers in the domestic, agricultural, construction, plantation, and industrial sectors, the report stated.

“Some migrant workers are victimised by their employers, employment agents, or traffickers that supply migrant labourers and victims of sex trafficking. Victims suffer conditions including physical and sexual abuse, debt bondage, non-payment of wages, threats, confinement, and withholding of travel documents to restrict their freedom of movement.

“In addition, some female domestics from Indonesia, Thailand, the Philippines, Cambodia, Vietnam, Burma, Mongolia, and China are forced into commercial sexual exploitation after being deceived with promises of jobs or after running away from abusive employers.” Individual employment agents apparently sold women and girls into brothels, karaoke bars, or passed them to sex traffickers.

Some Myanmar nationals registered with the United Nations as refugees, a status not recognised by the Malaysian government, are vulnerable to being trafficked for forced labour.

To a lesser extent, some Malaysian women, primarily of Chinese ethnicity, are trafficked abroad for prostitution.

While the government had commendably enacted comprehensive anti-trafficking legislation in July 2007, it completed development of implementing guidelines, training of key law enforcement and social service officers, and issued legislative supplements to bring the law fully into force in late February 2008.

However, the report stated that no action had yet been taken against exploitative employers or labour traffickers during the reporting period and neither had the government widely implemented mechanisms to screen victims of trafficking from vulnerable groups.

An interagency National Council for Anti-Trafficking in Persons, that includes representatives from civil society, had drafted a national action plan, and in March this year, Women, Family, and Community Development Ministry opened two trafficking victims’ shelters and began assisting foreign victims of sex trafficking.

However, Nah said, requests to visit these shelters had yet to materialise.

Senior citizens living alone can get monthly monetary aid of RM300 BUT is this enough...

1.1495 million Malaysians above the age of 65 years old in 2006, today it will be more. The Ministry's homes are housing only 13,714. There are about 400,000 pensioners(that would be those above 55 years old)... What is the status of the rest of our senior citizens. Those who opted for KWSP(EPF) would have expended all in less than 10 years.

In many towns there are extremely depressing "old folks home" housing usually the Chinese old. Usually, there is no proper bedding let alone full-time staff at these "homes". Wonder whether the government is aware of these homes....

Even the wisest of our senior citizens will find that their calculations for their old-age going hay-wire -- and the increased cost of living may not be having an immediate direct effect save for the increase tension and worry of what will happen tomorrow.

With the increase in fuel-prices and the already high toll-rates, there will lesser "balik kampungs", and this will definitely have its effect on family relations - and families of the "modern" Malaysia would be more nuclear. The concern now is the old. With the rise in the cost of fuel, the visits home will reduce....

Saturday June 14, 2008

Welfare of senior citizens protected

MALAYSIA Nanban reported Women, Family and Community Development Deputy Minister Datuk Noriah Kasnon as saying that the Government had not neglected the welfare of senior citizens in the country.

She said the Government currently managed 19 social welfare homes throughout the country that housed about 13,714 senior citizens and that the ministry organised various programmes to help them.

She added that it was the policy of the ministry that these homes serve healthy food and ensure cleanliness was always maintained.

Senior citizens living alone could apply with their district social welfare offices for monthly monetary aid of RM300, she said.

Noriah was refuting allegations that the Government had ignored the welfare of senior citizens.

Have more non-Malay staff
MIC central working committee member S. Murugesan said the Government must issue a directive to all government departments to ensure more non-Malays were employed in the civil service, reported Makkal Osai.

He was referring to the recent recruitment of 751 assistant enforcement officers by the Road Transport Department (JPJ). Only 15 candidates were non-Malays, of which 10 were Indians.

Other News & Views is compiled from the vernacular newspapers (Bahasa Malaysia, Chinese and Tamil dailies). As such, stories are grouped according to the respective language/medium. Where a paragraph begins with a sub-heading, it denotes a separate news item.

School students to receive RM20 from per month from government from.....????

As expected the prices of everything is going up...up...up and the reason is that Abdullah Ahmad Badawi and his BN Government - that is UMNO, MCA, MIC, GERAKAN, PPP.... decided that the price of petrol and diesel should rise.

There was an argument that stated that Pertronas profits by reason of the increase of oil prices globally is more than enough to maintain the SUBSIDY --- and even if there was going to be price increases, it could have done very very slowly. With the increase of fuel price, which will translate to an increase of the price of everything -- and there being no changes in income -- there will be greater DESPERATION amongst the people, especially those who were just making enough to live month to month...(them "kais pagi makan pagi" people which I believe is a significant number in Malaysia). It is predicted that there will be MORE crime - the smaller crimes, the robberies without firearms, stolen motorbikes, cars, etc.. After all, by reason of inadequate wages, in Malaysia it is almost impossible to find many families with a sole bread winner. Most wifes/spouses have to work to make ends meet -- and because of that, we needed to get foreign domestic workers (now there are over 300,000 in Malaysia) because some one was needed to be at home when both parents are working.... Our development has been very lop-sided....and surely Malaysians can maybe "see it" but not really "feel it" or "experience it".

Would like to also share with you our fromer PM's comments on the increase of petrol/diesel price, taken from his blog (chedet.com.)

The price of crude oil has increased by 400 percent in the last three years. It follows that the price of products must increase, sooner or later. In other countries petrol prices had already increased. In the United Kingdom one litre of petrol sells for more than one pound sterling or RM7. In the United States it is about RM5. That the price in neighbouring countries has gone up is shown by the rush to fill up by Thai and to a lesser extent Singapore vehicles. The Government has now announced an increase in petrol price by 78 sen to RM2.70 per litre, an increase of more than 40 per cent.

I may be mistaken but there seems to be less vehicles on the road today. But obviously that is not all that will happen. All other consumer goods, services and luxury goods would increase in price.

The cost of living must go up. Put another way there will be inflation and the standard of living will go down.

Obviously our increase in petrol price is far less than in the United Kingdom or the United States. But our per capita income is about one-third of theirs. In purchasing power terms our increase is more than in the UK or the US.

The increase hurts but the pain is greater not just because of the increase percentage-wise is higher than in developed countries but because of the manner the increase is made.

A few days ago the Government decided to ban sale of petrol to foreign cars. It flipped. Now foreign cars can buy again. Flopped.

Knowing that in a few days it was going to raise the price and foreigners would be allowed to buy, why cannot the Government just wait instead of banning and unbanning.

But be that as it may what could the Government have done to lessen the burden on the people that results from the increase in petrol price.

In the first place the Government should not have floated the Ringgit. A floating rate creates uncertainties and we cannot gain anything from the strengthened Ringgit. Certainly the people have not experienced any increase in their purchasing power because of the appreciation in the exchange rate between the US Dollar and the Ringgit.

Actually the Ringgit has increased by about 80 sen (from RM3.80 to RM3.08 to 1 US Dollar) per US Dollar, i.e. by more than 20 per cent. Had the Government retained the fixed rate system and increased the value of the Ringgit, say 10 per cent at a time, the cost of imports, in Ringgit terms can be monitored and reduced by 10 per cent. At 20 per cent appreciation the cost of imports should decrease by 20 per cent. But we know the prices of imported goods or services have not decreased at all. This means we are paying 20 per cent higher for our imports including the raw material and components for our industries.

Since oil prices are fixed in US Dollar, the increase in US Dollar prices of oil should also be mitigated by 20 per cent in Malaysian Ringgit.

But the Government wants to please the International Monetary Fund and the World Bank and decided to float the Ringgit. As a result the strengthening of the Ringgit merely increased our cost of exports without giving our people the benefit of lower cost of imports.

This is not wisdom after the event. I had actually told a Government Minister not to float the Ringgit three years ago. But of course I am not an expert, certainly I know little about the international financial regimes.

I believe the people expect the increase of petrol price. But what they are angry about is the quantum and the suddenness. The Prime Minister was hinting at August but suddenly it came two months earlier, just after the ban on sale of petrol to foreigners.

If the increase had been more gradual, the people would not feel it so much. But of course this means that the Government would have to subsidise, though to a decreasing extent.

Can the Government subsidise? I am the “adviser” to Petronas but I know very little about it beyond what is published in its accounts. What I do know may not be very accurate but should be sufficient for me to draw certain conclusions.

Roughly Malaysia produces 650,000 barrels of crude per day. We consume 400,000 barrels leaving 250,000 barrels to be exported.

Three years ago the selling price of crude was about USD30 per barrel. Today it is USD130 – an increase of USD100. There is hardly any increase in the production cost so that the extra USD100 can be considered as pure profit.

Our 250,000 barrels of export should earn us 250,000 x 100 x 365 x 3 = RM27,375,000,000 (twenty seven billion Ringgit).

But Petronas made a profit of well over RM70 billion, all of which belong to the Government.

By all accounts the Government is flushed with money.

But besides petrol the prices of palm oil, rubber and tin have also increased by about 400 per cent. Plantation companies and banks now earn as much as RM3 billion in profits each. Taxes paid by them must have also increased greatly.

I feel sure that maintaining the subsidy and gradually decreasing it would not hurt the Government finances.

In the medium term ways and means must be found to reduce wasteful consumption and increase income. We may not be able to fix the minimum wage at a high level but certainly we can improve the minimum wage.

Actually our wages are high compared to some of our neighbours. The investors who come here are attracted not by cheap labour but by other factors, among which is the attitude of the Government towards the business community and the investors in particular.

From what I hear business friendliness is wanting in the present Government – so much so that even Malaysians are investing in other countries. There are rumblings about political affiliations influencing decisions. Generally Government politicians are said to be arrogant.

Malaysia is short of manpower. The labour intensive industries are not benefiting Malaysians. Foreign workers are remitting huge sums of money home.

The industrial policy must change so that high tech is promoted in order to give Malaysians higher wages to cope with rising costs of living.

The world is facing economic turmoil due to the depreciation of the US Dollar, the sub-prime loan crisis, rising oil and raw material prices, food shortages and the continued activities of the greedy hedge funds. The possibility of a US recession is real. In a way the US is already in recession. The world economy will be dragged down by it.

Malaysia will be affected by all these problems. I wonder whether the Government is prepared for this.

We cannot avoid all the negative effects but there must be ways to mitigate against them and to lessen the burden that must be borne by all Malaysians. I am sure the Government will not just pass all these problems to the people as the review of oil prices every month seem to suggest.

Saturday June 14, 2008

Canteen food costlier now

By ANN TAN

GEORGE TOWN: Pupils in some schools here have not been spared from spiralling prices – food in the canteen now cost between 10 sen and 30 sen more a plate.

A check by The Star yesterday found that several school canteens in Penang started charging the new prices after the recent mid-year holidays.

While parents complain about having to give their children more pocket money, canteen operators claim they have no choice but to increase prices to cover costs.

Canteen operator Yeoh Leng Kee, 70, said he had maintained prices for years but was no longer able to do so without incurring losses.

Feeling the pinch: Students lining up to buy food at a school canteen in George Town on Friday. Canteen operators claim they have no choice but to increase prices to cover costs.

“With the increased prices of flour, petrol and so on, I have had to raise the price of my char koay teow from RM1.50 to RM1.70. But I only did so after getting the school’s approval,” said Yeoh, who operates a canteen at a school in Green Lane.

Teh Chooi Pheng, 43, who sells economy rice, said she increased the price of each dish by 10 sen, adding that it would otherwise have been difficult to survive.

“We need to earn a living besides paying a monthly rental of RM300 to the school,” she added.

A roti canai seller, Khairuddin Mustafa Wan, 42, said his school canteen committee was meeting next week and he hoped they would allow the canteen to adjust prices to cover costs.

Year Five pupil Tan Qiao Yan, 10, said she tried to cut down eating at her school canteen by bringing food from home.

“My pocket money is limited, so I cannot afford to eat in the canteen too much now that the food costs more,” she said.

Student Nor Tasnim Abdul Aziz, 16, said her mother gave her RM100 monthly for food and it was not enough to cover the increase in prices.

A parent, Chew Soong Meng, 36, said the 20 sen to 30 sen increase was quite steep for school children.

A father of two school-going boys, Terrence Ng, said the price increase was reasonable but felt the food portion should also be increased.

“I have recently increased my sons’ pocket money to make sure they get enough food in school,” he said, adding that his two sons, aged 12 and 13, were big eaters.

Another parent, Quah Lean Hong, 49, said she disagreed with the price increase of canteen food as most families already had to put up with higher expenses following the fuel hike.

A senior staff member of a secondary school in Gottlieb Road said the school authorities had received a request from their canteen operator to raise prices and understood their plight.

“We still hope they will cooperate with us and maintain prices for the time being,” she said, adding that the school would discuss with the board the possibility of reducing stall rentals.

The little man should also be allowed to increase prices....to be fair.

Taxi Drivers want fares to increase. Retailers, Restaurants, Sundry Shops, Vegetable Sellers, .. want prices to increase -- and this is fair.....UNLESS...

Sometime the government tries to do stupid things like telling them that they cannot increase prices and fares - and this is really rather unfair, when their COST has really increased and the maintenance of "old prices and rates" will only translate in a reduction of profits and income.

The only way for the government to keep prices of certain items, fares, etc low is for the government to provide SUBSIDIES (or compensation) to ensure that the COST remains the same - hence NO NEED to increase prices.

Any increase of prices and the rakyat(the consumer) does not suffer....that is FACT.

That "not-so-smart" BN government seem to have really not considered the full implication of increasing FUEL prices -- what about the BAS SEKOLAH charges, transport vans/busses for workers, what about the increased cost of getting to work....

Now when it comes to the BIG BOYS - the government seem not bothered about them increasing charges, etc...

ASTRO - they have increased charges, like recently they just pushed that 211 channel which contained a lot of soap operas in this new Maharaj Channel and charged about RM10 for that..and now they have that Astro On Demand where all good movies are...And I remember, when they started they said that we have to pay so that we can enjoy "advertisement-free" viewing. ASTRO also enjoys special treatment as they seem to be exempt from even the requirement of providing at the very least Bahasa Malaysia subtitles. And do look at some of the Bahasa Malaysia programs, the kind of language being used is pathetic and that is why the standard of language is on the decline.. Why is the government not doing anything....

Well talk about television - been shopping around for an aerial not wanting to be dependent on that ASTRO control - and guess what, the price for a workable TV arial is now RM250-00 (mind you that you can get a TV for that price today). Usi ng cheaper arials do not give you good reception -- WHY? They have not been developing those necessary transmission towers as they should since that ASTRO and its satelite disc came into the picture. In short ASTRO controls - and even for the free channels like RTM1, RTM 2,..., the consumer has to pay a minimum of RM37-95 - this is very wrong - it should be FREE (maybe the only requirement be the getting of a Satelite Disc and the Decoder) - if not the government must continue to ensure that ordinary transmission is improved and consumers can use their ordinary TV aerials.

Look at TNB -- electricity rates were increased and then we see that this TNB is making TOO MUCH profits, and the government is pleased. Why more profits? Beacuse the normal person is being charged higher and higher rates. (Just found out that rumah-kedai/the shop-house, that upstairs of shops that people stay is today being charged commercial rates.....mmmm. Should all residential premises be charged residential rates.

In October 2007, it was reported that TNB net profits increased by 88%....and so I ask what really is the justification of inceasing electricity rates..
"Tenaga Nasional Bhd's net profit by 88% to a record RM4.06bil for the financial year (FY) ended Aug 31, against RM2.16bil previously." (the said Star report is pasted below..)

At the end of the day, it is the small businessman, farmer...the SMALL PERSON who is being asked to keep prices down make less profits....BUT not the Big Boys...this is not at all fare.

I say that the government must get its priorities right - and place more importance on the good of the RAKYAT and less on them BIG Companies and their shareholders. Fuel Prices must come down....electricity tariffs must come down... and RI CH Malaysia has the requisite capacity to do that...

Saturday June 14, 2008

Cabbies to raise fare unless they get subsidised petrol

By TEH ENG HOCK

PETALING JAYA: Cabbies will raise their fares unless they receive subsidised petrol.

Kuala Lumpur and Selangor Indian Taxi Owners and Drivers Association secretary S. Balakrishnan said they wanted to be part of the fleet card system too so that they could buy petrol below pump price.

Under the fleet card system currently used by buses and lorries, diesel is sold at RM1.43 a litre compared with the pump price of RM2.58.

“Not all the 26,000 taxis in the country run on natural gas. And there are not many natural gas pumps in the country. The queue is always long and a lot of times we have no choice but to pump petrol,” Balakrishnan said.

During the recent fuel price hike, the price of natural gas remained unchanged at 63sen per litre.

Balakrishnan said he hoped taxi drivers would be issued fleet cards entitling them to buy petrol at RM1.35 per litre, half the pump price of RM2.70.

“If not, we will have to increase our fares. We would like to start the first kilometre at RM4 instead of RM2.

“We will maintain the rate of 10sen for every subsequent 150m. When the cab is idle, like during traffic jams, we want it to be 10sen for every 20 seconds instead of 45 seconds,” he said.

Another way to avert the fare increase is to install gas pumps at all petrol stations and not limit them to Petronas stations.

“That way, we can go on with our business of transporting people and not waste time queuing up. It is even okay if they want to raise the price of natural gas to RM1 per litre.”

____

Friday October 26, 2007

TNB profit soars 88%

By KATHY FONG and YVONNE TAN

Chairman: Impractical not to expect tariff change given spiralling costs

KUALA LUMPUR: Stronger power demand growth and foreign exchange gains boosted Tenaga Nasional Bhd's net profit by 88% to a record RM4.06bil for the financial year (FY) ended Aug 31, against RM2.16bil previously.

Revenue rose 14% to RM23.3bil on a 13.6% increase in electricity sales. Earnings per share (EPS) expanded to 94.92 sen from 52.52 sen previously.

TNB declared a final gross dividend per share of 16.3 sen, bringing the total for the year to 36.3 sen, representing 40% of the group's free cashflow.

Chief executive Datuk Seri Che Khalib Mohamad Noh, however, warned that the year ahead would be challenging for the national utility group amid rising fuel costs and increased payments to the fully completed Tanjung Bin power plant in Johor.

“Financial year 2008 will be a challenging year,” he said at the group's annual financial results announcement yesterday.

Che Khalib admitted that it would be difficult for TNB to achieve the consensus net profit forecast of RM3.6bil in FY08.

Foreign exchange gains and the write-back on taxation accounted for nearly RM1bil of TNB's earnings.

Analysts said the group's profit may shrink if the contribution from these two items were to decline in FY08.

Che Khalib said the price of coal, the main fuel for power generation besides gas, had gone up substantially, adding that it would erode TNB's earnings in FY08.

He said the company had hedged 50% of the group's coal requirements for next year at US$50, against the current market price of above US$70.

Analysts said fuel costs would be the wild card for the utility giant's earnings, adding that the sustainable growth of power demand might help cushion the adverse impact of higher fuel costs.

Kenanga Investment Bank equity research sees electricity demand growing between 5.8% and 6.4% in FY08.

“The main concern for the company, going forward, is the rise in the price of coal.

“The company has locked in only half of its coal requirements for FY08, so this could be quite an issue,'' OSK equity research analyst Tursina Yaacob said.

TNB shares have sunk in the past few months as the fortunes of the utility stock were clouded by uncertainties over the Government's decision to raise gas prices, which would take a toll on its earnings in the absence of a pass-through mechanism.

The blue chip has fallen RM1.45, or 13%, since the beginning of the year. It closed at RM9.35 yesterday.

Che Khalib said electricity tariff would “naturally have to go up” if the Government removed the subsidy on gas. He expects the impact of the gas price hike to be “neutral “ for TNB.

Chairman Tan Sri Leo Moggie said the country's current energy prices did not reflect the true costs.

The former Energy, Communications and Multimedia Minister said it was not “practical” to expect no change in electricity tariff given the spiralling fuel costs.

For the fourth quarter ended Aug 31, TNB's net profit was sharply lower at RM139.8mil compared with RM745.6mil in the corresponding quarter a year earlier due to a foreign exchange loss of RM549mil.

Quarterly revenue was higher at RM6.1bil versus RM5.6bil in the previous corresponding period. EPS fell to 3.89 sen from 18.07 sen.

BREAKING NEWS - Are we a Democracy or are we a Feudal State?

"King Abdullah" has decided that the next Prime Minister of Malaysia shall be his current deputy Najib Tun Razak.

"Datuk Seri Najib and I have decided on the right time for me to hand over the premiership to him...."

Let us consider the FACTS:-
a) The current government is the Barisan Nasional government, and of course it should have been a matter that should have been discussed and agreed upon by the various different component parties ----- BUT NO...it was just "Datuk Seri Najib and I have decided...."

b) The main dominant party in the Barisan Nasional coalition is UMNO (United MALAY National Organisation), and as all past Prime Ministers have been UMNO Presidents, maybe it was a matter that should have been discussed and agreed by that UMNO Supreme Council (MPT) at least-----BUT it seems NO...2 persons who were not even elected by the majority of its party's membership by reason of that rediculous quota requirement before any person can challenge the top 2 position. Do these 2, the current PM and his DPM really even have the support of the majority of UMNO members -- we do not know - all we know is that there are not enough UMNO DIVISIONS who have the 'guts' to nominate any other person to challenge the post of President and DPM. Dr Mahathir was the last President of UMNO who demonstrated that he had the support of the majority, when he defeated Tengku Razaleigh by a few votes.

It is sad that Abdullah Ahmad Badawi and his deputy Datuk Seri Najib Tun Razak, or the majority of the incumbents in UMNO seem to be NOT really interested in removing that "quota hurdle" that impedes potential challengers... and so like Kings of old, our PM has decided on who will be next PM and when will the "power" be handed over.....It really is so DEMOCRATIC ....nope, that is not the word I was looking for. It was "FEUDAL".

And we wonder whether the UMNO membership will sit by and allow this to happen. After all, what is happening is that they are being denied their right to choose and vote in their next UMNO President, No.2, 3, 4, 5.... But then, it is UMNO members -- we really cannot expect much (or can we???)

What about the Barisan Nasional component party members -- will we be hearing that normal voicing out of support for Datuk Seri Najib Tun Razak to be the next PM...and happiness that the timing of handing over of power has been decided...or have things changed..and MCA, Gerakan, MIC and the other component parties are not going to come out falling head over heels to give that expected endorsement for an agreement made between the PM and his DPM.

I expect that the Media would be carrying reports of all kinds of people expressing great JOY and happiness about this BREAKING NEWS -- (of course, we will never see the views of those who are not happy or read any such comments -- mmmm maybe just a few to give the impression that the media is still 'independent'...)

BUT WAIT, what does the Federal Constitution say about the Prime Minister -- his appointment, etc..and that can be found in Article 43 of the Federal Constitution -- and it says that it is the "...Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House..." - it is the Yang Di-Pertuan Agung that appoints the PM - not the current PM who decides on the next PM...and here Abdullah is reported stating that there was an agreement ---

I do not know -- BUT is this not an action that demonstrates disrespect to the Yang di-Pertuan Agong. Is it also not an action (....an agreement) that is in breach of our very own Federal Constitution?

Our highest law of the land, the Federal Constitution, is also clear that the only consideration before appointment by the Yang di-Pertuan Agong is that the candidate for PM is "...likely to command the confidence of the majority of the members of that House[i.e. the Dewan Rakyat]..."

And here, I wonder whether the Barisan Nasional MPs at least were consulted on this "handing over of premiership" - was there some secret ballot as to whether this Najib Tun Razak has the "confidence of the majority", and in this case today this means that number of MPs sufficient to make up more that 50% of the total number of MPs in Parliament say they did have such confidence and agreed to this "agreement". [I wonder whether such a vote was also taken when Abdullah Ahmad Badawi was made PM.] With the happenings after the results of General Elections 2008 came out, especially in Perlis and Trengganu, I also do wonder whether he still do have the "confidence of the majority" -

Even if Abdullah Ahmad Badawi does not have, and If there was going to be a vote. I believe that many may vote because of UMNO...because of Barisan Nasional....but really not because they have confidence in the man, Abdullah Ahmad Badawi.

The days of FEUDALISM within UMNO, and the Barisan Nasional must come to an END. The windows must be OPENED so that a fresh air of change can enter and bring about change - but will that happen in UMNO...in Barisan Nasional ...maybe not.

Some say that it will happen in MALAYSIA in the near future, when there is a change of the Federal government, which some claim will happen in or around Malaysia Day.

___________________

43. Cabinet. (Federal Constitution- Art. 43)

(1) The Yang di-Pertuan Agong shall appoint a Jemaah Menteri (Cabinet of Ministers) to advise him in the exercise of his functions.

(2) The Cabinet shall be appointed as follows, that is to say:

(a) the Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House; and.....

________________

Friday June 13, 2008 MYT 3:05:21 PM

Abdullah, Najib agree on best time for leadership change

KOTA BARU: Datuk Seri Abdullah Ahmad Badawi and his deputy Datuk Seri Najib Tun Razak have reached an agreement on the right time for a leadership change, the Prime Minister said Friday.

Reiterating that he and Najib enjoyed good working relations, Abdullah said they have mutually agreed on the "best time" for a leadership transition.

Abdullah raised the issue as some people were still suspicious of the relationship between him and Najib including Kelantan Umno leaders who raised the matter at the Kelantan Umno liaison committee meeting chaired by the Umno president here on Friday.

"Datuk Seri Najib and I have decided on the right time for me to hand over the premiership to him. We've no problems and we enjoy good working relations.

"The leadership change will definitely take place at the right time," he said at a luncheon with senior government officials and community leaders.

Earlier, Abdullah chaired a two-hour Kelantan Umno meeting. Abdullah is in Kelantan for a one-day visit.

Najib said in London on Thursday that he would not challenge Abdullah for power because as a "true Umno man" he would not risk destroying the party his father had built.

He described himself as a loyal party member who subscribed to an orderly leadership change, as has been the Umno convention.

Abdullah said the people should stop speculating on his relationship with Najib as such talk was of no benefit to anyone.

"It's important for everyone to see the relationship between me and Najib as very crucial to strengthen Umno and the Government and to implement the development projects and programmes that have been planned," he said. The Prime Minister also expressed his gratitude to the support given to him to continue to lead the nation and Umno.

He promised to work hard for the country, party and the people.

"I really value and appreciate the support given to me. If I am accorded solid support, it will spur me to work even harder for the party and the Government," he said. - Bernama

Doctor-Patient Ratio in Malaysia is appaling - We need to seriously look at HEALTHCARE for the masses.

Let us not forget that this is JUST another area in which the government had really slacked. At one time, there was this "policy", it seems to "privatize" health-care - and so the government apparently stopped building government hospitals and promoted private hospitals. Then, they changed their mind and started again building government hospitals.

But then without informing the people, the Government went and signed WTO Agreements including the 'not at all good for Malaysia' TRIPS Agreement - and thereafter the cost of medicines sky-rocketted. Gone were the days when we had them "KK" medicines, whereby KK, I believe, stood for Kementerian Kesihatan. Now the government is bound by "copyright" "trademark" etc and have to get medicines from them BIG powerful medical companies - and hence the cost of medicine sky-rocketed. Now, it is not uncommon to find that in government hospitals, the pharmacy asks patients to just take part of their supply of prescribed medicine and come back in a month for the balance of their medicine.. With the fuel rise, additional burden will be felt by the consumer of government medical care services.

Talking about doctors, the amount of monies expended to train doctors is very high - and medical students in the local government universities only pay a small fraction of this cost. Previously, there has been a condition that just graduated doctors should render their services to the government for certain number of years - maybe that should be revised to a longer term as full-time services, and thereafter part-time services for yet another period.

Now, the government is trying to woo medical practitioners from the private sector ...but "...the Government was offering the private practitioners an allowance of up to RM80 an hour...". I believe that this is rather low, and should be revised. I also believe that there should be consideration as to the number of years of practice, as well as qualifications.

The police, army and the fire depart have a volunteer corp, who do step in from time to time when assistance is needed. Maybe, it is time to also set up a kind of "volunteer medical corp" - which will not just include doctors BUT also other medical staff, and this could be done at the individual hospital levels or town levels -- and I believe that Malaysians who are doctors and medical staff in private practice would HELP and assist where possible. A forming of such a body or association can also help negotiate and iron out the terms of service.

It is of course SHOCKING and most embarrassing to now become aware that the doctor-patient ratio is so far from what it should be in a developed nation. Malaysian government claims that we are on the VERGE of being a developed nation...

" doctor to patient ratio was 1 to 1,145, when the ratio for developed countries was 1 to 600"

I have already also pointed out in my blogs that we are also in a pathetic state with regard to our courts -- and also our schools:-

Federal Court chief registrar Datuk Tengku Maimun Tuan Mat (as reported in New Straits Times, 20/9/2006), disclosed that the number of judges in the country was low compared with other Commonwealth nations. He was quoted as saying that the Malaysian ratio is "2.4 judges to a million people - a far cry from the ratio in India (10.5), Australia (57.1), Britain (50.1) and Canada (75)."

Deputy Education Minister Razali Ismail ...said "70 percent of schools in the country already have access to water and electricity...." and that means that 30 percent of schools do not even have access to water and electricity. (Malaysiakini 6/6/2008, 'One-third of schools lack water, power').

Friday June 13, 2008 (Star Online)

Docs shy away from service at govt hospitals

By CHRISTINA KOH and ONG YEE TING

IPOH: The Health Ministry has received dismal response from private doctors after its call for them to volunteer their services at government medical facilities, said minister Datuk Liow Tiong Lai.

Disappointed, Liow said only one doctor from the private sector had come forward since he made the call a month ago, making it just eight since the move was introduced half a year ago.

He doubted that the low take-up rate was because the Government was offering the private practitioners an allowance of up to RM80 an hour.

“When I made the statement a month ago, many private doctors praised the move because they would be able to come forward, not for the money but for the challenge of the job.

“Perhaps many of them don’t know where to sign up for the scheme,” speculated Liow, who urged those interested to do so at the ministry website (www.moh.gov.my).

He said the country was still facing a severe shortage of doctors in government , with only 60% or 13,000 posts filled so far.

This meant that the doctor to patient ratio was 1 to 1,145, when the ratio for developed countries was 1 to 600, said Liow.

In George Town later, Liow said the ministry had appealed to the European Union (EU) for more time to improve the standard and quality of fishery products exported to Europe.

Currently, Malaysia exports about RM1.5bil of fishery products to Europe annually.

Liow said the ministry would hold a dialogue with the exporters on Monday before tabling the issue at the next Cabinet meeting.

He was commenting on a report that the EU might impose a possible ban as seafood products from Malaysia had failed to meet the EU health standards. The EU’s Food and Veterinary Office representatives had visited seafood processing companies and facilities supporting the industry here in April.

In a random check, six out of nine exporters were found to be lagging behind in the health standards and practices set by the EU.

They have been blacklisted, with an immediate effect, from exporting their products to Europe, said Liow, adding the government had also de-listed the six .

“We are committed in doing our part to ensure the exporters abide by the EU regulations,” he told a press conference after attending the presentation of Joint Commission International accreditation for Penang Adventist Hospital here yesterday.

2.4 judges to a million people - is just NOT ENOUGH... REFORMS please....

Today, we also need look again at the Malaysian Courts, and ask whether it still is the place where all persons can go to seek justice. Is it a place where the poor can battle the rich in search of justice?

One of the tools that was used by those who wanted to prevent the courts from hearing the case on the merits was to raise one of the many preliminary objections on some technical non-compliance, which can get a case struck-off or dismissed without going into the merits of the claim. But this trend seem to have come to an end with judicial pronouncements like in the case of Megat Najmuddin, and then the amendment of the Rules of courts.

But sadly, this practice of striking out suits based on some technical objections still continues on, and today it seems that it may be by reason of the increased amounts of court cases/work that Judges and courts have to deal with, and the pressures from the higher-ups who insist on the clearing of "back-logs".

This is very sad - for people are not fools, and a person who finds his case be struck-off for some technicalities will not at all be satisfied - and hence an appeal, or the filing of yet another suit.....and at the end of the day, it means more cost and expenditure, it means more suits/applications/appeals... and it can also mean "NO JUSTICE".

Nowadays, it is also not uncommon that COST being awarded is EXTREME - In one matter, that I am aware whereby the suit was struck off for some technical non-compliance, the cost awarded for the matters before the Registrar itself comes to over RM200,000-00 - the poor person or company, the Plaintiff, will surely not be able to afford to pay this much and as a result we may be looking at a phenomena that if you take a matter to court against certain persons/companies - not only will your matter be struck-off BUT you may also end up being made a bankrupt and/or wound-up --- and the VICTIM who went to court for JUSTICE will be just further victimized and the GUILTY will escape scott-free. There is a need to formulate a policy for absolute minimum cost awards, and also a policy that should let matters be litigated on the merits completely before there be any cost taxed and/or paid out generally. REMEMBER access to justice must be for ALL - both the rich and the poor. After all, access to them alternate dispute resolution means like Arbitration and/or Mediation is too expensive and is not accessible to the POOR.

Cases filed should MOVE smoothly and should end soonest - and by end we mean that the dispute must be heard on the MERITS by a competent independent and fair Judge, and things like cost, etc should be done away with or kept to the bare minimum - i.e. no more than the cost of them filing fees, etc.. Whoever wins, will be awarded DAMAGES or COMPENSATION and that will be a fair sum - not that COST.

NOT ENOUGH COURTS AND JUDGES

The main problem then and today is still the fact that we really do not have enough courts and judges -

Federal Court chief registrar Datuk Tengku Maimun Tuan Mat (as reported in New Straits Times, 20/9/2006), disclosed that the number of judges in the country was low compared with other Commonwealth nations. He was quoted as saying that the Malaysian ratio is "2.4 judges to a million people - a far cry from the ratio in India (10.5), Australia (57.1), Britain (50.1) and Canada (75)."

The number of lawyers have increased, the literacy and legal literacy of the Malaysian people have increased... and as such clearly there will be more and more cases being filed in courts.

Now, there are rules that stipulate where you file a case -- and one of it is that it must be filed where the Defendant has its address, or where the crime /facts concerning the case occurred, etc..

Now, in Selangor we have 3 High Courts (for civil, commercial, family, probate. land, appellate and special powers, bankruptcy, etc) and 17 High Courts in KL(Appellate & Special Powers Division of the KL High Court - 2, Commercial Division Of The KL High Court - 7,
Civil Division Of The KL High Court - 8). There is a definite shortage of High Courts in Selangor - Shah Alam. In other states, the number of High Courts are even lower, i.e. 1 or 2 - and these High Courts also have to deal with Criminal Matters. The problem is not "back-log" - the problem is clearly the shortage of courts and judges.

GET RID OF THAT PROBATIONARY JUDGE - THE JUDICIAL COMMISSIONER

There really is no need to nowadays use threats, etc to get the kind of Judges the PM and his government wants - for after all we now have that new "Probationary Judge ", them Judicial Commissioners who will not be made JUDGE unless the PM and/or the Government is satisfied.

GET RID OF THE PRACTICE THAT REGISTRARS CAN STRIKE OUT CASES OR GIVE JUDGMENTS IN HIGH COURT MATTERS

These Registrars (Deputy Registrars and Senior Assistant Registrars), who now sit in the High Court hearing applications which may lead to a case being struck-off, or even judgment entered into are an affront to Justice. Them Registrars are from the Judicial and Legal Service Commission - "under the Attorney General", and yesterday a Public Prosecutor tomorrow a lower court Judge or a Registrar.

Some of them are so young, new graduates with hardly a few months in practice and they decide to strike off High Court cases, or give judgment - and this is very wrong --- Certain cases can only be heard by the High Court, and here we have persons who should not even be Magistrates or Sessions Court Judges making "final" decisions....

WE NEED SERIOUS REFORMS -- WE NEED TO REMIND OURSELVES THE FUNCTIONS OF COURT - WE NEED TO ENSURE THAT EVERYONE, INCLUDING THE POOR SHOULD HAVE FULL ACCESS TO THE COURTS - WE NEED TO GET RID OF PRACTICES, ETC... THAT DISCOURAGE USAGE OF THE COURTS OR SHUTS PERSONS OFF FROM JUSTICE....

HENCE, the need for a ROYAL COMMISSION FOR THE REFORM OF THE MALAYSIAN JUDICIARY.

ROYAL COMMISSION FOR THE REFORM OF THE MALAYSIAN JUDICIARY.....

"...God has given me the strength and fortitude, as a lesser mortal, to act without fear or favour, for fear of a breach of oath of office and sacrifice justice, and above all to truly act as a judge and not a “yes-man” - Muhammad Kamil Awang J Well, that Muhammad Kamil Awang J did get it right for that is how a judge is to behave.... Below is the response of the Bar Council, Dr Mahathir (our former premier)...and the response of our current government in the form of the de-facto Minister of Law who said that there will be no investigation into the matters revealed by Ian Chin because it will be a waste of money.... (is that indicative of really how our current PM and the government view the judiciary....mmmm) In any event, the question is WHO should be doing the PROBING or the INVESTIGATING? In a Democracy, there are three independent pillars, i.e. the Executive (being the PM and his Cabinet), the Legislative (being Parliament - the Dewan Rakyat, the Dewan Negara,...) and the Judiciary. Should the executive be deciding? I think not .... maybe it should be the KING - a Royal Commission...or maybe the Judiciary. Will the police or maybe the ACA start an investigation --- or are they going to be waiting to get orders from the Attorney General ....who is waiting for the "go-ahead" from the current Prime Minister... What we need now is the setting up of ROYAL COMMISSION FOR THE REFORM OF THE MALAYSIAN JUDICIARY....(which is very different from the Judicial Appointments Commission who is concerned with the choosing, appointment, elevation of Judges...who according to our PM will only be advising him anyway - and he (the PM) will not be bound to follow that advise. Now if the PM advise, then the King must follow....odd is it not) who will also look at So, yes, we do need a ROYAL COMMISSION FOR THE REFORM OF THE MALAYSIAN JUDICIARY - and that is not for the narrow purpose of looking at the allegations made by Ian Chin (or some other Judge some time ago...) BUT to really look at the Judiciary and propose some serious reforms....certain questions need to be answered..... a) If a person has a complain about a Judge or the court, to whom would he make it? Who will be responsible for investigating and acting on that complaint? b) If a Judge has some complaint, like that of Ian Chin..., where would they go to...? They cannot go to their heads in the Judiciary ...since it may just be about these heads that the complaint is all about. After all that directive to Muhammad Kamil Awang J came from his superiors. In the case of Ian Chin, the complaint is about the PM, the DPM and the government(i.e. the executive)...so who should be dealing with this kind of matters. c) A Judicial Ombudsman - appointed by the yang Di-Pertuan Agung reporting back to the Parliament (mmmm but that provision about that reporting back to parliament really do not work as we see that despite a statutory provision is there with regard to SUHAKAM's reports - to date I believe, Parliament has yet to discuss, let alone, debate that SUHAKAM reports, its reccomendation. d) Should Judges be elected? e) Separation of the Judicial and Legal Services Commissions... -- BUT then some may say, do we need to waste time now with yet another ROYAL COMMISSION when Abdullah Ahmad Badawi is PM (and BN is government) - for after all the 2 Royal Commissions' proposal on the POLICE (IPCMC) , which Abdullah assured us he would implement, is still far from being a reality. Mind you the Royal Commission did even prepare a Draft Bill - all you needed to do was put it before Parliament and it would have become law and we would have had that IPCMC for the Police..... I say - better have that ROYAL COMMISSION FOR THE REFORM OF THE MALAYSIAN JUDICIARY now - so even if Badawi-led government does not implement the recommendations maybe the next government would. I would say no to setting up small little Inquiry Panels and Commissions of Inquiry for that Lingam Tape matter, now the Ian Chin Disclosures - BOOT CAMP and all, some other matter or scandal tommorrow - better just have ONE big ROYAL COMMISSION FOR THE REFORM OF THE MALAYSIAN JUDICIARY Considering the state of our Malaysian Judiciary today, I believe that maybe the Malaysia should adhere to the recently passed UN General Assembly resolution calling for an immediate moratorium of the death penalty... A person should not be executed by the State based on the judgment of some possibly BAD Judge or Judges, should he, now? Press Statement: Bar Council’s immediate response to the Report in the Borneo Post dated 10 June 2008

Contributed by Ambiga Sreenevasan

Tuesday, 10 June 2008 10:51pm

The disclosures made today by High Court Judge Ian Chin J are both startling and damning. They speak to forms of executive and other interference in the judiciary which have undermined the institution. Judges must make known and if necessary make public any such acts of interference by any party. One of the more significant disclosures made by the Judge is that he was informed by another High Court Judge Muhammad Kamil Awang J (as he then was), that he had received a telephone call from the then Chief Justice asking the latter to dismiss an election petition that was heard in 2001 in relation to the Likas constituency elections in March 1999. This corroborates the similar disclosure made by Muhammad Kamil Awang J himself in his judgment on that election petition namely in the case of Harris Mohd Salleh v The Returning Officer, Ismail Majin & Ors [2001] 3 CLJ 161. In that case, the Judge said: “The only guide to a man is his conscience, the only shield to his memory is the rectitude and the sincerity of his action. In my view, it is an insult to one’s intelligence to be given a directive over the phone that these petitions should be stuck off without a hearing, and above all, it is with prescience conscience that I heard these petitions. God has given me the strength and fortitude, as a lesser mortal, to act without fear or favour, for fear of a breach of oath of office and sacrifice justice, and above all to truly act as a judge and not a “yes-man”.” Another disclosure by Ian Chin J about the conduct of a “boot camp” for judges and judicial officers was equally shocking and should be investigated. These allegations and all the other disclosures made by Ian Chin J must of course be comprehensively looked into, not only by the Chief Justice but by all other relevant authorities. Judges, both present and past, must be encouraged to come forward and provide information of any such instances of interference so that further action may be taken. Ambiga Sreenevasan President Bar Council

Dr Mahathir's response as found in his blog, Che Det:-


Dr M threatened judges

Both the New Straits Times and the Star today chose to splash Justice Dato Ian Chin’s “stunning” claims of my alleged interference in the judiciary, providing brief respite from the current issues of oil price hike etc etc

I will refrain from commenting for now and will do so in due time.

However, I am quite curious about what Ian Chin considers as “veiled threat”. Perhaps he could be more specific as his allegations are very serious.

And in Malaysiakini, it was reported that "....De facto law minister Zaid Ibrahim today ruled out a probe into

MCPX

claims by Sabah and Sarawak High Court judge Ian Chin on executive intervention into the judiciary some 10 years ago...." (Zaid: No probe on judge's expose)

JUDGES should NEVER be affected by threats and promises...

Now our Judges must be brave and must perform their duties as JUDGES without fear or favour taking into consideration only the need to do Justice. They must not be affected by threats, promises and/or anything else. We have seen many junior Judges elevated to higher courts speedily - and there has been wonder whether this was the way the government of the day (through the Prime Minister) was paying them back for the services that they rendered by making a judgment in the way the government wanted it in some selected cases.

There are safeguards that have been placed to ensure the "independence" of Judges - and this includes the security of tenure (i.e. until their retirement age, with an extremely difficult "earlier temination" process which is rarely used - the last time it was used was in during the 1988 Judicial Crisis.), that Consolidated Fund which guarantees that salaries/allowances due to Judges are paid in time (irrespective even if government coffers are empty or drying up)....

Now, I believe that if a Judge feels that some persons are doing things to undermine the independence of the Judiciary -- then he is duty bound to do something about it and make it known immediately - not so many years later. But then, maybe these threats, requests, promises and gifts may be happening every now and then, so much so a Judge is already "immune" to these corrupting diseases and is strong enough to be not affected by them - he may just ignore it. I wouldn't be surprised if all Judges may have been approached with threats or goodies to decide on some cases this way and that way at least once during their career on the bench - BUT have been strong to REPEL this advances and continue on doing the job as Judges. I feel that today, it must be compulsory that Judges report immediately of any such attempt or even perceived attempt to some body who could investigate it, and take action against those that try to undermine our judiciary.

The Prime Minister and the Government may express that they want judges to toe the line, and he did do so very openly. Dr Mahathir was reported in the 24 November 1986 issue of Time magazine, as saying:O“The Judiciary says, ‘Although you passed a law with certain thing in mind, we think that your mind is wrong , and we want to give our intepretation.’ If we disagree, the courts say, ‘We will intepret your disagreement.’ If we go along, we are going to lose our power of legislation. We know exactly what we want to do, but once we do it, it is intepreted in a different way, and we have no means to intepret it our way. If we find that a court always throws us out on its own intepretation, if it inteprets contrary to why we made the law, then we will have to find a way of producing a law that will have to be interpreted according to our wish.”

Of course, Dr Mahathir did also in a speech made at the opening ceremony of the Asean Law Association General Assembly on 26 October 1982, he had this to say about the Malaysian Judiciary:- “I will always respect the Judiciary. We do not expect the courts to be pro or anti Government, only pro the Constitution and pro the law. The Government always considers the Constitution and the law carefully before we do anything so we expect the Judiciary to be free to judge our alleged trespasses without fear or favour, but in accordance with the law, in accordance with the law of evidence and procedure justly and fairly. We shall always respect their judgments...”

Although, many would say that it was not proper for the Prime Minister (and/or the government) to say such things OR express such wishes/hopes OR make such threats, at the end of the day, the ball really, is in the individual Judge's court - what do you do, My Judge?

Honourable Judge, do not come back many years later, and say that I made such a judgment because there was a threat or some directive or some "orders from above" - that is not acceptable.

You are a Judge appointed by the King, and you only have to do your duty as Judge - and if you cannot do that, then you have no other choice BUT to resign.

Being asked to go to a "boot-camp", you have the choice to refuse to go ..... or even to leave when you find out that something is not right.

Being asked to go for a "holiday" or a "party" --- you have the choice to say NO - as it is conduct that may bring about a perception that the judiciary (or me, the Judge) is biased and no more independent.

A judge's independence cannot be affected by any other person - be he the King, the Prime Minister, the Chief Judge, the Lord President, the president of MIC, some Lingam lawyer, etc-- and Judges should KNOW this.

At the same time, it is NOT wrong to attend some meeting or conference or boot camp and have some person there say that Judges must be pro-Government, or anti- government, pro-environment or anti-environment, pro-Israel or anti-Israel, pro-Islam or anti-Islam --- There is nothing wrong with listening, getting inputs on various positions, etc..... But at the end of the day, when sitting as a Judge, the only consideration is that justice be done......FULL STOP.

Pro-government and government policies "brain-washing" continuously happens through the media, amongst others, in any country, and as such it is important that Judges also do expose themselves to opposing and other viewpoints on a particular subject matter. This exposure is essential -- and it will make a Judge more holistic and better equipped to be a Judge. Judges should not just be influenced by earlier judgments of their peers, or higher courts in this Jurisdiction or that jurisdiction - BUT should also be influenced by other thoughts and viewpoints.

At the end of the day, I say CONGRATS to Ian Chin for highlighting this matters - which would have been better if it had been highlighted before. To be fair, the matter about that DIRECTIVE from the chief judge was highlighted so much earlier - is that Judge still around?

Now, let us not again start focussing too much on the happenings in the past, the former Prime Minister, that former Chief Judge -- we have to look at TODAY, and do the needful to ensure that things are right from now onwards...

Our government and the Prime Minister would really love to re-focus our attention on his predecessor -- who now today is a serious critic of the current Prime Minister.


2008/06/11

'Dr M threatened judges...'
Judge's stunning allegation in court

Datuk Ian Chin.

SIBU: A High Court judge here has alleged that Tun Dr Mahathir Mohamad threatened to punish the judiciary in 1997 for decisions he disliked.

Tun Dr Mahathir Mohamad.

Justice Datuk Ian Chin, 60, is the most senior of the 48 High Court judges in the country.

He made the stunning allegation at the start of proceedings on Monday when hearing an election petition filed by Wong Hus She, the defeated DAP candidate for the Sarikei parliamentary seat, the Borneo Post reported.

Anticipating a motion for his recusal, Chin took the "step to disclose what the parties and counsel may not be aware of but which they may later complain that I should have disclosed".

Wong lost the Sarikei seat to Barisan Nasional's Ding Kuong Hing by 51 votes.
Both sides did not object to Chin as the presiding judge, the Borneo Post reported.

He referred to two cases he had presided over in February 1997 - a libel suit and an election petition - the decisions with which the then prime minister was apparently displeased, he said.

He said Dr Mahathir had gone to the judges' conference about a month later "to issue a thinly veiled threat to remove judges by referring to the tribunal that was set up before".

From May 26 until 30, he was "packed off to boot camp" for lessons on taking the government line in judicial decisions.

Last month, the Royal Commission of Inquiry into the Lingam video clip castigated Dr Mahathir for going against the Constitution in appointing judges and called for an investigation into Dr Mahathir.

According to the notes of proceedings made available to the New Straits Times, Chin said in the libel suit: "I distinguished M.G.G. Pillai v Tan Sri Datuk Vincent Tan Chee Yioun & Other Appeals (1995) 2 MLJ 493 and refused to give what I consider to be an astronomical award for damage to reputation in libel cases".

In the election petition, he had set aside the victory of BN's Mong Dagang in the 1996 state polls in the Bukit Begunan seat.

Chin said Dr Mahathir had "expressed unhappiness" over the decision.

"After he was done with issuing that threat, he then proceeded to express his view that people should pay heavily for libel.

"He managed to get a single response from a Court of Appeal judge who asked whether he would be happy with a sum of RM1 million as damages for libel.

"He approved of it and he later on made known his satisfaction by promoting this judge (since deceased) to the Federal Court over many others who were senior to him when a vacancy arose."

Chin said he was "devastated" by what went on but was consoled by fellow judges who remarked "the prime minister was too much".

"It will be recalled that the prime minister not long after he assumed office had said, in a much publicised campaign against corruption, that he will put the fear of God in man but this apparently, given his diatribe in that conference, changed to instilling a fear of him if any judgment is to his dislike."

He said the "boot camp" he attended with selected judges and judicial officers was "an attempt to indoctrinate those attending to hold the view that the government's interest" was "more important than all else when we are considering our judgments".

"Stating this devilish notion was no less a person than the president of the Court of Appeal," he said.

"The perversion of justice did not stop there. My brother judge (Datuk Muhammad) Kamil Awang was one morning looking for me after clocking in. We were both then serving in Kuching.

"When I met him in his chambers, he was distraught and he told me about receiving a telephone call the night before from the chief justice asking him to dismiss the election petition that he was going to hear in Kota Kinabalu.

"He sought my opinion as to what to do about the telephone call.

"We went into the possibility of making a police report or of writing to the chief justice a letter to record what he had said over the telephone but in the end, he decided against it since it would be his word against that of the chief justice," Chin said.

"I was happy to learn later on that he did not bow to the pressure by the chief justice and went on to hear the petition and thereafter, making a decision based on the law and evidence."

Chin also declared that he had twice stood unsuccessfully for election as a BN candidate in the 1980s, in one of which he lost to the DAP. He had also heard other election petitions.

"Now, though no longer the prime minister and so no longer able to carry out his threat to remove judges which should, therefore, dispel any fear which any judge may have of him, if ever there was such fear, nevertheless the coalition party that he led is still around and the second respondent won on a ticket of that coalition party and it may cross someone's mind that I may have an axe to grind against the party concerned or any member thereof.

"The petitioner in this case may also have a similar view with regard to my defeat by a candidate standing on the ticket of the party to which he belongs.

"So I wish to hear from the parties as to whether they entertain any such notion and whether they wish to apply for my recusal so that, if any, I can make a decision thereon.

"After this disclosure, litigants who were affected by the hundreds of judgments that I handed down since those infamous days may justifiably worry as to whether any of my judgments were in any way influenced by this attempt to hang the Sword of Damocles over my head.

"No amount of words from me would assuage you of your worry; you will have to read my judgments as to whether they are according to the evidence and the law or whether they were influenced by threat."

Chin then adjourned for half an hour to let the parties consider an application for his recusal.

None, however, was made.

Datuk Ian Chin was appointed judicial commissioner on Feb 26, 1992 and since then has served in the High Court in Sabah and Sarawak. He is, at present, a resident judge at the High Court in Kota Kinabalu.

---

No comment from Dr M

Tun Dr Mahathir Mohamad will not respond to the allegations made by a High Court judge anytime soon.

In a SMS sent to the New Straits Times, Dr Mahathir's aide, Sufi Yusoff, said the former prime minister would respond 'in due time, if at all' to the allegations by Datuk Ian Chin yesterday.

RETIREES and the OLD -- how will they survive the increased COST of LIVING

It is already starting to happen.....cost of living is going up....and all because of the increase of fuel prices. (But let us also not forget that we are also facing a "Global Food Crisis" - which is also going to cause the increase of food prices. Now, increase of oil prices is one of many factors that brings about this "Global Food Crisis")

I am very concerned for all those persons who have RETIRED -- who did put aside some money for their old age.

The government, of late, have been talking about PENSIONERS - and these are those who were previously in government service who are receiving monthly pensions (which will be paid until they die, and thereafter until their spouse passes on ....). Here, the government can increase the monthly pensions to cope with the increased cost of living.

BUT what about those who are under the EPF(KWSP) - they would have taken what they had when they retired - and there is no continuous monthly payments until they pass on. Them pensioners, it is said is less than 1/2 million - the rest fall under the EPF or do not have such "Savings for their Old Age" since they may have been self employed.

How much really do you get from EPF when you retire -- One chief clerk in a government service received RM70,000-00, and how long would that have survived. 6 years (maybe 7 years) - after that what happens..

Now, after the rising the cost of fuel...electricity rates, etc - the government's attention is seem to be in giving relief to owners of vehicles - what really is the plan to deal with all the others that will be suffering the consequence of these price-hikes - the increased cost of living.

The Prime Minister is talking about restricting holidays of his Ministers (and their families) to ASEAN - I say NO MORE such holidays and perks. They too should just be paid their salary as Ministers, and that is it. After all, they also get their salary as MPs and Senators (and the other allowances). There is no justification for the Malaysian people to be paying Ministers/Deputy Ministers and their families to go for annual holidays, and for their entertainment.... What is this "entertainment allowance" which, for example the PM gets about RM18,865 monthly (DPM, Ministers and Deputy Ministers all get them). If it is in the carrying out of their duties, then the government will pay for it - there is no necessity for such "entertainment allowances".

The PM, his deputy and his Ministers really seem to be taking home SO MUCH and that is why they do not feel the effect of the hike in fuel prices ---- and the cost of living.

We have to really look into the plight of the RETIREES - the old as well.

Monday June 9, 2008

Prices to go up 10% next month

IPOH: Consumers can expect the prices of many essential items to increase by as much as 10% next month.

Federation of Sundry Goods Merchant Associations of Malaysia president Lean Hing Chuan said sundry store owners have no choice but to raise the prices of goods not controlled by ceiling prices to survive the impact of the fuel price hike.

Lean said canned food and other items with plastic packaging were likely to be sold at a higher price but declined to disclose the actual list of goods.

“Goods transported long distance by lorries are also expected to increase by at least 10%,” he said yesterday after the 87th anniversary luncheon of the Perak Sundry Shops Guild.

Earlier in his speech, Lean urged the Government to open up more vacant land for cultivation and start measures for rice-producing states like Kedah to improve rice production per hectare.

He also expressed doubt about the effectiveness of the government’s move to place colour stickers on rice sacks enabling consumers to differentiate between price-controlled rice and imported rice.

Perak Sundry Shops Guild chairman Lee Kim Seng urged the state government to set up an air-conditioned “retailing centre” for shop owners to set up their business.

He suggested the lots be rented out cheaply to business owners of all races.

“It will be a place where you can find Chinese medicine, pharmacies, hardware, clothes, shoes and other goods all in one place,” he said.

Perak Chinese Chamber of Commerce and Industry president Datuk Lim Kok Cheong reminded members that inflation may be inevitable but it was no reason to close down their businesses

Reduce fuel prices - lower production cost - ATTRACTS foreign investor - good for Malysian company and MALAYSIANS

What if.....Malaysia, an oil-producing country did not raise fuel prices, electricity rates, etc...

What if, in fact, the Malaysian government increased subsidies and really reduced the cost of fuel in Malaysia - which would also bring about reduction in the electricity rates, transport costs, cost of food and all other materials generally.... would that NOT make Malaysia VERY ATTRACTIVE to the the Foreign Investor - who would want to bring and set-up his factory here and this will provide more employment for Malaysians and more MONEY for the nation.

The LOW production cost would also be very beneficial for the LOCAL companies as they would be able to market their products at much lower prices and hence grab a bigger share of both the local and the global market.

After all, Malaysia have been using CHEAP LABOUR, TAX HOLIDAYS, etc to lobby the foreign investor to COME to Malaysia ....or to continue to stay put in the country.

Now with the rise of fuel prices globally, and given Malaysia's advantage of being an OIL & GAS producer, should Malaysia not take advantage of the situation --Rather that torturing its own people by rising prices of fuel, electricity rates,....and generally the COST of LIVING....

Cheap Fuel, Cheap Electricity, Very Low Tolls or NO Toll, Cheap Food --- this would be good for the Malaysian people, for the Local companies, for the Foreign companies that will come --- we cannot lose..

How many households in Malaysia really do have an household income of RM3,686-00?

"The average household income of Malaysians, Abdullah added, had increased from RM3,249 in 2004 to RM3,686 last year.".. Now, this is the AVERAGE monthly income but I am sure that the majority do not earn so much lesser as let us not foget that the GAP between the RICH and the POOR in Malaysia is one of the worst in Asia. (In 2004, it was said that the top 10% was about 22 times richer than the bottom 10%. In a country of about 27million, the bottom 10% is about 2.7million persons)

What we really need to know is HOW MANY HOUSEHOLDS really do have a monthly income of RM3,686-00? monthly income of less than RM500? monthly income of less than RM1,000? etc.. Then, we will be able to get a CLEAR pictureof the actual state of affairs in Malaysia.

Our government today talks always in terms of "Real Gross Domestic Product (GDP)" , ".. growth, in particular the services, construction, mining and plantation sectors...", ....and really that does not in any way give any direct correlation with the actual income (or increase of wealth) of real families, households and persons. Companies may be making money BUT that does not translate to also workers making more money. Normally, when companies make more money - all it means is that its shareholders and directors make more money....not the workers.

The concern of the government seem to be on the BIG picture --- the achievements of the Big Companies (the stock/share markets) and not the lives of the real people.

Sadly, the recent disclosure again Deputy Education Minister Razali Ismail is shocking and reveals this government's concern for its people. "...One-third of Malaysia's schools do not have water and electricity, a minister said according to a report today, pledging to fix the problem by 2010. Deputy Education Minister Razali Ismail told state news agency Bernama that all 9,806 schools in the country will have access to basic utilities by the end of a four-year education development plan.Razali said 70 percent of schools in the country already have access to water and electricity...." (Malaysiakini 6/6/2008, 'One-third of schools lack water, power').

Remember that in late 2005, the MALAYSIAN Education Minister revealed that out of 4,036 national schools, 794 (about 20%) were without electricity, and 1,555 (about 38.5%) without toilet facilities.... [of course then he was talking in 2005 about National Schools and now they are talking about 'Malaysian Schools' - but that is how they continue to be unclear about the facts revealed...]

This is how the government of Malaysia today is -- concern more about the "BIG PICTURE" - and not at all sufficient focus on the reality of its people.

I really do not TRUST these figures about poverty, and household income. It was not long ago also clear that there can be serious discrepancies between "government figures" and other independent done statistics --was it that ASLI stats matter



2008/06/08

PM: Understand fuel price hike, play your role

By : Azura Abas

KUALA LUMPUR: The people should get accurate information on the global fuel price phenomena so that they can understand what the country is facing.

Prime Minister Datuk Seri Abdullah Ahmad Badawi said the government had held out for as long as possible to protect the people from fuel price hikes but the price had risen steeply and rapidly in the world market.

He said in January last year, the price of crude oil in the world market was only around US$50 (RM161.50) a barrel but had increased to almost US$130 a barrel 18 months later.

Analysts are now predicting it would continue to rise to US$200 per barrel.

"In this situation, government expenditure will not be able to meet the difference between controlled selling prices and that in the world market despite higher revenues earned by Petronas," Abdullah said in his speech at the investiture ceremony held in conjunction with the Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin's birthday at Istana Negara.
Abdullah said this was a challenge that all Malaysians had to face.

"Everyone has a role and responsibility in facing these trying times."

He said the government would do all it could to ease the burden faced by the people, especially those in the lower-income group.

Steps would be taken to increase direct aid to those affected and steps would be taken to ensure prices of essential goods remained affordable.

The government would also employ other measures, including managing the public sector expenditure prudently; expanding the controlled items list; improving public transport; and shelving programmes which did not fulfil current needs.

On the government's effort in eradicating poverty, Abdullah said the poverty rate had fallen from 5.7 per cent in 2004 to 3.6 per cent last year while hardcore poverty had eased from 1.2 per cent to 0.7 per cent over the same period.

The average household income of Malaysians, Abdullah added, had increased from RM3,249 in 2004 to RM3,686 last year.

He said many challenges still needed to be addressed to ensure the nation continued to progress.

Among them were the world economic growth slowdown due to the stagnant United States economy which had seen spill-over effects in Europe and developing economies.

In spite of this, Abdullah said the national economy experienced encouraging growth last year, proving that the nation was on the right track.

"Real Gross Domestic Product (GDP) growth last year stood at 6.3 per cent despite a challenging world environment.

"All sectors recorded strong growth, in particular the services, construction, mining and plantation sectors. Consumer demand growth was also healthy at 11.8 per cent."

Abdullah said the government had also succeeded in reducing the national deficit to 3.2 per cent, achieving economic growth that was supported by a resilient domestic economy besides having a more diversified economic structure.

"These achievements clearly show the government is always implementing policies and economic management strategies that are flexible and pragmatic."

On the fight against corruption, the prime minister said steps were being taken to make the Anti-Corruption Agency a full-fledged commission while a parliamentary select committee on corruption prevention had also been set up.

Ministers should be championing the cause of Malaysians - NOT just members of their own ethnic/religious/State grouping..

It is rather ODD and DISTURBING when a MINISTER attending a function as a Malaysian Minister start talking about just one ethnic group in Malaysia - the Malays, in this case. When one is out there, and speaking in the capacity of a Minister, you must talk about Malaysians and/or persons in Malaysia.

It may have been perfectly alright for Datuk Seri Dr Ahmad Zahid Hamidi, if he was attending some UMNO function in his capacity as some UMNO leader to speak about "Malay Unity", common direction for Malays..or "defending Malay rights"

Even then, in UMNO today, I believe that the membership is not just Malays anymore - there are, I believe, Eurasians, Indian Muslims, ethnic groups from Sabah (and maybe even Sarawak), orang asli (Temuan, etc.), Indonesian ethnic groups like Batak, Javanese - so even there it may not be proper to be just talking about "Malay Unity", common direction for Malays..or "defending Malay rights".

Being also a "wakil rakyat" (people's representative), again it must be understood that it is very divisive and unhealthy talking about just one single ethnic grouping. Talk about all persons in Malaysia - or all Malaysians.

In the report below, this Minister is reported to be addressing "graduation of silat trainees under the Silat Cekak Association of Malaysia", and I do believe that there are those there that are not ethnically Malay there.

When you are out there as a Minister of Malaysia, or as a People's Representative, do not forget that you are representing all Malaysians. Tomorrow, we may have some Indian Minister calling for Indian unity, fighting to defend Indian rights... then some Chinese Minister doing the same with Chinese.. Some Melanau Minister calling for Melanau unity, etc.. Some Christian Minister doing the same with Christians...

Datuk Seri Dr Ahmad Zahid Hamidi, other Ministers and peoples' representatives must not be out there speaking for just one particular ethnic group - but must do so for all persons that you represent...

I am Malaysians, and I hope that our Ministers and wakil rakyat behave as such -- representing all Malaysians irrespective of ethnicity, religion, State, gender, etc..


2008/06/08 (NST)

Zahid: Malays must defend their rights

BERNAMA

KUALA LUMPUR: Malay unity is presently at its lowest level, said Minister in the Prime Minister's Department Datuk Seri Dr Ahmad Zahid Hamidi.

"Unlike previously, the Malays do not have a common direction and because of this, some groups have raised issues which are no longer relevant, like Malay supremacy," Zahid said at the graduation of silat trainees under the Silat Cekak Association of Malaysia at the International Islamic University near here yesterday.

He said the Malays were not asking more than what had been stated in the Federal Constitution nor did they want to deny other races of their rights.

"We just want to defend our rights," said Zahid.

He added that the Malays had also lost their political power, based on their representation in Parliament and recent incidents in Selangor and Perak.

Zahid also urged silat members to play a role in uniting the Malays, saying that the art of self-defence, like silat, should be used to show their love for the country.

A total of 868 silat cekak members received their certificates yesterday, 60 of them graduating with honours. -- Bernama

Our fuel prices are VERY HIGH compared to the prices in other oil producing countries..

Yes, our Malaysian government had this little chart comparing the fuel prices in countries that are not oil-producing countries - very very naughty. They should have really compared the prices of fuel in oil producing countries -- and if that is done, then it will be revealed that our fuel prices is rather high. “As a raw oil producing nation, Malaysia should be compared with other oil exporters such as UAE (RM1.19 per litre), Egypt (RM1.03 per litre), Kuwait (RM0.67 per litre), Saudi Arabia (RM0.38 per litre), Nigeria (RM0.32 per litre) and Venezuala (RM0.16 per litre),”....... Now, they also removed the ceiling price for chicken yesterday... Why are they, that is Abdullah Ahmad Badawi and his Barisan Nasional government - for they knew very well that it will cause GREAT anger amongst the people. He knew that there would be protests....and he warned persons not to.. WHY? WHY? Is it to re-focus the attention of the people to something other than the internal problems in UMNO? Is it to re-focus the attention of the people from the possibility that we may very soon have a Pakatan Rakyat ruled Malaysia? Is it to help create a situation that may justify the calling of yet another "Emergency" in Malaysia. People are being squeezed...and they will be squeezed further as this fuel rise begin affecting a lot of other things. School busses will have to start charging more too...Everything will go up... This move to increase fuel prices is surely just going to escalate the price of food (where we already are seeing what some are saying is a "Global Food Crisis") Use the wealth of our OIL and our nation to increase the subsidy and lower not just fuel prices BUT also prices of some other basic necessities... At the end of the day, there are many questions....yes many questions as to WHY NOW DID THE PM AND THE BN GOVERNMENT DECIDE TO DO THIS??? It's only '16 sen per litre in Venezuela'

Jun 5, 08 6:28pm (malaysiakini)

Opposition Leader Dr Wan Azizah Wan Ismail has accused the government of being ‘stupid’ for repeatedly saying that our new petrol retail price of RM2.70 is low when compared to other countries in the region. MCPX “As a raw oil producing nation, Malaysia should be compared with other oil exporters such as UAE (RM1.19 per litre), Egypt (RM1.03 per litre), Kuwait (RM0.67 per litre), Saudi Arabia (RM0.38 per litre), Nigeria (RM0.32 per litre) and Venezuala (RM0.16 per litre),” she argued. “To compare prices with Singapore, Thailand and Indonesia is obviously flawed,” the PKR president said in a statement today. Yesterday, Prime Minister Abdullah Ahmad Badawi made an unpopular decision to increase fuel price by 40.6 percent, effective today. Wan Azizah was also curious about the government’s subsidy facts. She recounted that Minister of Domestic Trade and Consumer Affairs Shahrir Samad recently said that the oil subsidy was RM56 billion. Second Finance Minister Nor Mohamad Yakcop stated that the amount is RM28 billion. And a third source, the government’s 2007 financial report marks it at RM12 billion. The opposition leader estimated that the figure should be closer to RM8-10 billion. The public, she said, rightfully feel cheated. Wan Azizah urged the government to review its decision on the fuel hike as it has a huge effect on the Malaysian public, which currently spends 25 percent of their income on transportation. Oil companies Turning her attention to oil companies, the PKR chief said it was common knowledge that oil companies were paying only US$30 for the exploration of each barrel of oil, and selling the raw oil for US$130 per barrel. This hefty profit, she claimed, has been enjoyed by oil companies for the past three years. “Why isn’t the government implementing additional taxes on the extraordinary profits of the oil companies, rather than choosing to increase fuel prices?” she asked. Wan Azizah said it was possible to sustain the old petrol price of RM1.92, or better still reducing it, if oil companies were taxed more, along with oil, steel and cement producers. “Why are these companies so important to them, while the public has to suffer?” she asked. She expressed concern that the government has spent RM40 billion for double-tracking railway project that interconnects Padang Besar with Johor Baru yet is reluctant to pay RM13-15 billion for fuel subsidies. “Why did they not use the RM40 billion to build comprehensive LRT rails to fix public transportation system as an effort to reduce petrol usage?” Wan Azizah queried.

The FUEL price rise is TORTURE for the simple man

Well, yet again our dear Prime Minister and the BN government has brought GREAT suffering to the people in Malaysia - and it is not just going to be a rise in the cost of petrol - but generally everything else as well and the reality is that

Malaysia took great efforts in keeping wages down -- and the reason was so that they could woo the 'foreign investor' with the promise of cheap labour.

Malaysian government ignored, if not destroyed, Malaysia's public transport system - possibly so to get more and more Malaysians to buy the "Malaysian-Made-Cars". And more and more people had not much choice but to buy cars...more and more cars...

The government failed in fulfilling their promises that there will be good alternative toll-free roads - in fact we are having more and more toll roads and them toll-free roads are in a state of disrepair, or are sometimes made longer by many kilometers because of some toll-paying roads.

One of the means that the government can give something to benefit ALL persons in Malaysia was through subsidized fuel - and the subsidized food products.

What the government should have done was:-

* They should have maintained fuel prices - no matter what (and even if it was to increase, it should have been very very gradual not more than 10 cents at a time...)

* Made extra efforts to develop a cheap efficient public transport system - more busses, more bus routes, more LRTs, more LRT lines criss-crossing every place, more commuter services, more taxi licences, introduction of maybe even the 3-wheel taxis and the motorbike taxis - to the extend that the majority could move from home to workplace and home to shopping centres more easily and economically using busses, trains, taxis, tut-tuts, trams, etc.. and do not have to rely on the fuel-guzzling cars anymore. There must be competition always --- and no more monopolies. (In fact, the government should start building bike-lanes everywhere and people should be encouraged to use bicycles as much as possible...)

- Once that was done and in place, what will happen would be that there would be lesser demand for fuel - lesser government expenditure on fuel subsidies - no increase of food prices and the cost of living.

BUT then our Prime Minister once again have done something very foolish - allowed this sudden price-hike ..... not much thought would have gone into considering the consequences.

NOW - what will be happening ......food prices will go up. The cost of everything will go up because rise in fuel means increased cost in transport....

So, who will suffer ....yes, the poorer people of Malaysia (including the middle class)...

And who will NOT FEEL a thing --- oh yes the rich, the Badawi family, son, son-in-law, etc, the Najib family...in fact all them other rich people. Maybe our PM, the DPM and the Ministers should spend a day traveling by Bus, train and the LRT from his office to his home and back - and then you will understand the woes of the people.

It is odd that the proposal to prevent people coming across the border to buy fuel has been dropped - why????

Remember our Malaysian government do not even want to talk about MINIMUM WAGE --- but then is so quick to raise prices of fuel, food, etc....

Thursday June 5, 2008

Petrol price up by 78 sen - and will be reviewed monthly

PUTRAJAYA: The Government announced yesterday an increase in petrol and diesel prices, stating that it can no longer continue to subsidise fuel.

Prime Minister Datuk Seri Abdullah Ahmad Badawi said the new prices were still at a 30-sen per litre discount from market prices.

In other words, if the market price is RM3 per litre, Malaysians will be charged RM2.70 at the pump. He said the price would be adjusted monthly based on the global oil price.

Half empty or half full?: Azhan Sharom showing the difference of how much petrol one can buy with RM1 Wednesday and today at a petrol station in Kuala Terengganu.

“Malaysians still pay lower than the market prices as far as petrol is concerned,” he told a packed press conference when announcing the restructuring of the subsidy package.

Abdullah said that although the restructuring would result in consumers having to pay more, prices were still lower compared with Singapore and Thailand.

He said the Government would save RM13.7bil through the restructuring.

From the savings, he said RM4bil would go to the National Food Supply Guarantee Policy, RM1.5bil for subsidising cooking oil and RM400mil to subsidise rice imports to make the price uniform in peninsular Malaysia, Sabah and Sarawak.

The Government would also spend RM200mil on flour subsidy, RM100mil on bread subsidy and RM7.5bil was meant for contributions to the subsidies for petrol, diesel and gas.

On top of that, Abdullah said, the Government would have to fork out RM5bil to pay to owners of cars and motorcycles eligible for rebates introduced under the restructuring of subsidy package.

“Our effort is certainly not an attempt to be popular but we try our best to help the people. We cannot satisfy everyone,” he said.

Abdullah said demand for public transport would go up with the rise in fuel prices and the Government was currently addressing the need to improve services.

He reiterated that the public should make changes to their lifestyle, saying they must ensure there was no wastage in resources such as water, energy and food.

He said if certain adjustments were made, the public would not be “too badly affected by price increases”.

He said the hike in fuel prices would cause a projected increase in inflation of around 4% to 5%. It would also have an impact on the country’s gross domestic product (GDP) growth but was confident that it could be maintained at 5% this year.

Abdullah said the Cabinet committee on anti-inflation had to come up with a system to ease the public’s burden from higher fuel prices.

“What is important is that we want to ensure the restructuring will encompass a mechanism that will protect and benefit those in the lower and middle income group.

“We are truly committed in ensuring these groups will not be burdened by the increase in petrol and food prices,” he said.

Asked if the subsidy restructuring would result in Malaysians going to the streets to demonstrate their unhappiness, Abdullah was confident the people would not resort to that.

The Changes

Price increase

Petrol – RM0.78/litre
Diesel – RM1/litre
Electricity:
Commercial and industrial – 26%
Retailers and small restaurant operators – 18% (for first 200kWh per month)
Residential – new pricing structure for users above 200kWh per month

Prices effective today (per litre)

Petrol – RM2.70 (previously RM1.92)
Diesel – RM2.58 (previously RM1.58)

Rebates

> RM625 per year
For private vehicle with engine capacity of 2000cc and below, including private pickup trucks and jeeps with engine capacity of 2500cc and below.

> RM150 per year
For each private motorcycle with engine capacity of 250cc and below

> RM200 reduction on road tax
For private petrol and diesel vehicles with engine capacity above 2000cc

> RM50 reduction on road tax
For private motorcycles with engine capacity above 250cc

Streamlined diesel subsidy
(for approved transportation companies, vessel owners and fishermen)

> Diesel – RM1.43 per litre (previously RM1 per litre for fishermen and RM1.20 per litre for vessel owners)

> RM200 per month for every owner and employee of Malaysian-owned vessels registered with the Fisheries Department

> 10sen per kilo incentive for every kilogram of fish caught by registered vessels

> 10sen per litre for every litre of diesel used by river transportation operators according to approved quota

Gas subsidies restructure
(for Peninsular Malaysia)

> For power producers – from RM6.40 per mmBtu to RM14.31 per mmBtu

> For industrial users (consuming less than 2mmscfd) – from RM9.40 per mmBtu to RM24.54 per mmBtu

> For industrial users (consuming above 2mmscfd) – from RM11.32 per mmBtu to RM32.56 per mmBtu

Electricity tariff restructure

> Households using 200kWh and below every month will not be affected. This covers 59% of households in Peninsular Malaysia with a monthly bill under RM43.60.

> Commercial and industrial users face 26% increase. Small retail and business outlets consuming under 200kWh per month face 18% increase.

Liquefied Petroleum Gas (LPG) and
Natural Gas for Vehicle (NGV)

> No change. Prices remain at RM1.75 per kg (LPG) and RM0.635 per litre (NGV)

Oil palm windfall tax

> For Peninsular Malaysia 15% for every tonne of CPO exceeding RM2,000

> Sabah and Sarawak 7.5% for every tonne of CPO exceeding RM2,000 > Abolition of cess tax

Service tax threshold for restaurants and eateries

> Service tax now for restaurants with annual sales of RM3mil (previously RM500,000)

People in Pakatan Rakyat governed state should not be worried about Temple demolitions again or SHOULD they still be???

Pakatan Rakyat Selangor State government should just come in use the Land Acquisition Act - and acquire the land on which this temple is thus saving the Temple. It is so simple - and one wonders why PKR MP is out there protesting with the rakyat about some police reports not acted upon. [When land is acquired, the registered owner is paid reasonably for the value of the land] Talking about temples, the question now is what is the SELANGOR and the other Pakatan Rakyat State governments going to do about those temples that have been demolished? Alternative sites be found, and the temples re-built for the community. The same must also be done for the churches/chapels, temples, kuils, suraus,etc..For the Catholics, we must think about that St Anne's Chapel in Serdang...that was demolished. The Pakatan Rakyat government must also come in immediately and gazette(or do whatever necessary to) all land on which there are temples as protected. If the owners are some other, then use the Land Acquisition Act or other means to ensure that the Land is preserved - for the temple/kuil/surau/etc... In fact, it is time for a re-look and the development of NEW policy about temples, churches, suraus, kuils and other places of worship - there must be immediate allocation of land in towns and areas where there was NONE during the BN rule of these states. (Maybe, it should be that if there are 250 persons of a faith in an area (or extended area), then there is a right to build a chapel, a small kuil, a surau, etc...) There must also be a POLICY that all places of worship is the responsibility of the State - and as such there must be allocation for maintenance. Regular monthly cutting of grass, beautification works, etc should come under the Local Councils...The same must also be for burial sites and cemetery. In fact, the Christian cemetery in Cheras is overcrowded. Heard that persons are being buried above others or just too close to others. There is a need for NEW Christian cemeteries, and cemeteries for other religions as well. Talking about that, maybe it is time to ensure that there prayer places for all religions especially at hospitals ...I am sure the various different religious groups would be ever willing to look after these prayer rooms and assist in its setting-up. Was that call of "Makkal Sakti" used at them Pakatan Rakyat rallies all just for getting the votes of the Indians -- or will we be seeing changes. The announcement of things to come in the States can be done NOW -- whilst the implementation could come some months later. So will that temple in Kapar be saved by the Pakatan Rakyat government of Selangor by just stepping in an acquiring the land and that temple.... Temple demolition: Report lodged against police 'inaction'

Fauwaz Abdul Aziz | Jun 2, 08 6:21pm

A police report was filed today against Klang district police chief ACP Mohamad Mat Yusop for allegedly not acting on "tens of police reports" that have been lodged over a land transfer and clearance works involving the Sri Maha Nagamuthu Karumariamman temple near Jalan Kapar. MCPX PKR's Kapar member of Parliament S Manikavasagam filed the report this morning, a day after residents living near the 80-year-old temple and activists demonstrated against its planned demolition by the ‘owner' of the temple. "Tens of police reports have been lodged over several years, but nothing has been done," Manikavasagam told Malaysiakini. According to Manikavasagam, workers for the current owner - who allegedly acquired the one-hectare land on which the temple stands through dubious means - had already broken parts of the roof of the temple and broken or taken down the statues contained inside. "We're still doing research regarding the owner, but we believe the owner is connected to a local state assemblyperson and has development plans for the land. We believe the land costs up to RM3 million, maybe more," said Manikavasagam. He said numerous police reports had been lodged since the temple caretaker E Muthu Kumar discovered the land was transferred to somebody else. Muthu claimed that he had lived on the land for over 50 years and that his father had been given the land by its original landowner. A protracted struggle The original landowner, Harbhajan Singh, is said to have migrated to India in 1973 and died there in the 1980s. In 1996, however, Muthu found that the land had earlier been transferred to one ‘Lin Chee Yong', who obtained in 2000 a Shah Alam High Court order for the land to be vacated. A protracted struggle then ensued between Lin and Muthu, which saw contempt charges as well as a spate of police reports being filed between the parties against the other. In 2007, Muthu applied for the Shah Alam High Court to set aside its earlier decision on the basis that the land transfer was allegedly "fraudulently obtained". Muthu's lawyer Dr SN Pathmanabhan said this claim was based on the finding that Harbhajan's identity card (IC) number as contained in the memorandum of transfer to Lin actually belonged to a Chinese woman residing in Kuala Lipis, Pahang. He also said that contrary to the practice of Punjabis of his generation, Harbhajan - who would have been in his 80s in 1996 - had written in "very precise English". "The signature, furthermore, did not look like that of an 80-plus year old but that of a much stronger, younger person," he told Malaysiakini. Pathmanabhan also said the payment of RM850,000 that Harbhajan allegedly received for the sale of his land actually never materialised. Over and above all of these reasons, he added, was the fact that Harbhajan had died in India in the 1980s but supposedly entered in 1996 into a transaction to sell the land concerned. Police inaction Pathmanabhan said the Shah Alam High Court had set Aug 27 this year to hear the application to set aside the 2000 court order. Parallel to the case, said Manikavasagam, his concern today was for the police to address the questions of Muthu and the patrons of the temple as to why they had not acted on the numerous reports lodged on Lin's efforts to clear the land. These efforts were taken despite the ongoing court proceedings and included efforts to dislodge Muthu, the disconnection of the temple's water supply, and damage done to the gates and other parts of the temple building, he said. On Oct 1, 2007, a police report was lodged claiming threats had been made to the lives of the Muthu and his family, Manikavasagam added. "We lodged the police report against ACP Mohamad Mat because the police had not acted on that and the many other reports that had been lodged," said Manikavasagam. ACP Mohamad Mat could not be reached for comments.

Federal Government HERO in that Grand Saga - Bandar Mahkota Cheras issue??

For a long time in Malaysia, generally both the Federal Government and the State government were Barisan Nasional governments - and as such the fact of the division of powers between States and the Federation took a back seat. After all, the Prime Minister was even "choosing" the Menteri Besars/Chief Ministers for a long time. Of course after this GE2008, even BN governed states have asserted the rights of States to choose their own head of government - we saw this in Perlis and Trengganu.

Now that the opposition coalition known as "Pakatan Rakyat" is government in FIVE states, State Government must begin to exercise their powers and not just allow the Federal government to reign supreme. When the States formed the Federation, save for Sabah and Sarawak, most States seemed to have surrendered most of their powers and rights......

TODAY the various states must re-look at their own powers and rights, and also exercise them.....and for guidance, below is attached the provisions in our Federal Constitution what is stated with regard to the powers/areas which are still in the hands of the State and areas that are under the Federal Government.

For some in the Pakatan Rakyat - they still do behave like "Opposition MPs and/or ADUNs" forgetting that today they are actually the GOVERNMENT in 5 States, including the most important states of Selangor and Penang. When not in government, all that Opposition MPs/ADUNs needed to do was to be with the people and HIGHLIGHT matters....but that is not the case today. Reading in Malaysiakini, that a Selangor State Exco was calling on the Federal Minister to "turun padang" and resolve a matter in the State of Selangor was rather humourous.

Finally at the end of the day, Abdullah Ahmad Badawi and his BN government seem to have scored points when they came out and ORDERED that the toll free access road be kept open for the BMC residents

"...There is finally some good news for Bandar Mahkota Cheras (BMC) residents - the federal government has ordered that the controversial toll-free access road in their neighbourhood to remain open...." (Cabinet wants BMC access road kept open, 30/5/2008, Malaysiakini)

MCPX

Compatively, the Khalid Ibrahim led Pakatan Rakyat Selangor government fared badly ---

a) One of their solution was calling for an EGM of the toll operator Grand Saga to seek explanations (note the Selangor state-owned company certainly did not control majority shares in Grand Saga) - so would we have got anything done by taking this course of action?? [S'gor MB: State firm owns stake in Grand Saga, Malaysiakini 28/5/2008 - see below]

b) Of course, after this problems between the people of Selangor and Grand Saga flared-up again in April 2008, allegedly following a letter from the Land Office (i.e. the Selangor's Hulu Langat Land Office)

"...The Hulu Langat land office has confirmed than highway concessionaire Grand Saga has no rights over a stretch of road in Bandar Mahkota Cheras (BMC), over which it has had a long-running dispute with residents.....In a letter, assistant district officer Norhanizatuazwin Samsuni stated that Jalan Cheras Lama was acquired by BMC developer Narajaya Sdn Bhd, according to the Selangor government gazette dated May 27, 2003."('Confirmed - residents can tear down concrete barrier", Malaysiakini, 29/4/2008)

And the rakyat, in trying to enforce their rights, were beaten, tear-gassed, etc... and then suddenly on 28/5/2008, it is revealed the the Selangor government was actually a "party" that had been causing suffering to its own people ---- Why do I say that? Well, because it OWNED part of that "Grand Saga", that company that was building re-building that barricade, and preventing the demolitions.... and all that the Selangor Menteri Besar wanted to do was to call for an EGM in this private company.

""The Selangor government - through its state-owned company - will call for an emergency general meeting of toll operator Grand Saga within the next two weeks to settle the on-going Cheras toll saga. ...Menteri Besar Khalid Ibrahim revealed today that the call for the EGM would be made through state company Kumpulan Perangsang Selangor which indirectly owns a stake in Grand Saga...." [Khalid: Grand Saga EGM in 2 weeks, Malaysiakini 29/5/2008]

This issue is NOT an issue between 2 or 3 or 4 private companies - it was a matter of the people of Selangor, and its GOVERNMENT. It was so sad that the State Government did not use its powers and maybe ORDER that the access road be kept opened, and ensured thereafter that it was -- rather than just talking about calling for an EGM of the Grand Saga, etc

The government should place human beings as the priority - and their life and livelihood should be the priority.

Let us also not forget that LAND is a State Matter - the Selangor government could have solved the matter - or at least ensured a "temporary solution", as is now after the Ferderal Cabinet ordered it ... - BUT they did not.

If I was state government, I would have asked that Grand Saga to back-off, and leave that toll-free access-road open --- for if not, there will be consequences. Maybe, the company, their Directors and their major shareholders could be black-listed with regard to any or all future projects, tenders, etc.... Maybe the Land acquisition Act may be used. Maybe the Selangor government would build alternate "toll-free" roads for its people where there are toll roads operated by Grand Saga....

Maybe, even the Selangor government could acquire majority shares and thereafter also decide that there be no more toll collections --- after all Khalid Ibrahim, the man who some say was responsible of getting Guthrie Plantations from being a foreign controlled entity into a Malaysian company is the Selangor Menteri Besar.

Now, during that whole fiasco concerning that barricade, it seems that the Selangor government seem to have little or no control over the police -- so maybe, we seriously need to consider whether we do need a State police/Enforcement personell. The State need to be able to protect its rakyat, and also have the ability to enforce its orders. Maybe, in the interim the local council enforcement officers could be used. {United States of America is a Federation like ours - and the different States do have their own police,..laws...etc...}

RELATIONS BETWEEN THE FEDERATION AND THE STATES

CHAPTER 1 - DISTRIBUTION OF LEGISLATIVE POWERS

73. Extent of federal and State laws.

In exercising the legislative powers conferred on it by this Constitution -

(a) Parliament may make laws for the whole or any part of the Federation and laws having effect outside as well as within the Federation;

(b) the Legislature of a State may make laws for the whole or any part of that State.

74. Subject matter of federal and State laws.

(1) Without prejudice to any power to make laws conferred on it by any other Article, Parliament may make laws with respect to any of the matters enumerated in the Federal List or the Concurrent List (that is to say, the First or Third List set out in the Ninth Schedule).

(2) Without prejudice to any power to make laws conferred on it by any other Article, the Legislature of a State may make laws with respect to any of the matters enumerated in the State List (that is to say, the Second List set out in the Ninth Schedule) or the Concurrent List.

(3) The power to make laws conferred by this Article is exercisable subject to any conditions or restrictions imposed with respect to any particular matter by this Constitution.

(4) Where general as well as specific expressions are used in describing any of the matter enumerated in the Lists set out in the Ninth Schedule the generality of the former shall not be taken to be limited by the latter.

75. Inconsistencies between federal and State laws.

If any State law is inconsistent with a federal law, the federal law shall prevail and the State law shall, to the extent of the inconsistency, be void.

76. Power of Parliament to legislate for States in certain cases.

(1) Parliament may make laws with respect to any matter enumerated in the State List, but only as follows, that is to say:

(a) for the purpose of implementing any treaty, agreement or convention between the Federation and any other country, or any decision of an international organisation of which the Federation is a member; or

(b) for the purpose of promoting uniformity of the laws of two or more States; or

(c) if so requested by the Legislative Assembly of any State.

(2) No law shall be made in pursuance of paragraph (a) of Clause (1) with respect to any matters of Islamic law or the custom of the Malays or to any matter of native law or custom in the States of Sabah and Sarawak and no Bill for a law under that paragraph shall be introduced into either House of Parliament until the Government of any State concerned has been consulted.

(3) Subject to Clause (4), a law made in pursuance of paragraph (b) or paragraph (c) of Clause (1) shall not come into operation in any State until it has been adopted by a law made by the Legislature of that State, and shall then be deemed to be a State law and not a federal law, and may accordingly be amended or repealed by a law made by that Legislature.

(4) Parliament may, for the purpose only of ensuring uniformity of law and policy, make laws with respect to land tenure, the relations of landlord and tenant, registration of titles and deeds relating to land, transfer of land, mortgages, leases and charges in respect of land, easements and other rights and interests in land, compulsory acquisition of land, rating and valuation of land, and local government; and Clauses (1) (b) and (3) shall not apply to any law relating to any such matter.

76A. Power of Parliament to extend legislative powers of States.

(1) It is hereby declared that the power of Parliament to make laws with respect to a matter enumerated in the Federal List includes power to authorise the Legislatures of the States or any of them, subject to such conditions or restrictions (if any) as Parliament may impose, to impose, to make laws with respect to the whole or any part of that matter.

(2) Notwithstanding Article 75, a State law made under authority conferred by Act of Parliament as mentioned in Clause (1) may, if and to the extent that the Act so provides, amend or repeal (as regards the State in question) any federal law passed before that Act.

(3) Any matter with respect to which the Legislature of a State is for the time being authorised by Act of Parliament to make laws shall for purposes of Articles 79, 80 and 82 be treated as regards the State in question as if it were a matter enumerated in the Concurrent List.

77. Residual power of legislation.

The Legislature of a State shall have power to make laws with respect to any matter not enumerated in any of the Lists set out in the Ninth Schedule, not being a matter in respect of which Parliament has power to make laws.

FEDERAL CONSTITUTION

ACT 000

NINTH SCHEDULE

[Articles 74, 77]

LEGISLATIVE LISTS

LIST I - FEDERAL LIST

1. External affairs, including -

(a) Treaties, agreements and conventions with other countries and all matters which bring the Federation into relations with any other country;

(b) Implementation of treaties, agreements and conventions with other countries;

(c) Diplomatic, consular and trade representation;

(d) International organizations; participation in international bodies and implementation of decisions taken thereat;

(e) Extradition; fugitive offenders; admission into, and emigration and expulsion from, the Federation;

(f) Passports; visas; permits of entry or other certificates; quarantine;

(g) Foreign and extra-territorial jurisdiction; and

(h) Pilgrimages to places outside Malaysia.

2. Defence of the Federation or any part thereof, including -

(a) Naval, military and air forces and other armed forces;

(b) Any armed forces attached to or operating with any of the armed forces of the Federation; visiting forces;

(c) Defence works; military and protected areas; naval, military and air force bases, barracks, aerodromes and other works;

(d) Manoeuvres;

(e) War and peace; alien enemies and enemy aliens; enemy property; trading with an enemy; war damage; war risk insurance;

(f) Arms, fire-arms, ammunition and explosives;

(g) National service; and

(h) Civil defence.

3. Internal security, including -

(a) Police; criminal investigation; registration of criminals; public order;

(b) Prisons, reformatories; remand homes; places of detention; probation of offenders; juvenile offenders;

(c) Preventive detention; restriction of residence;

(d) Intelligence services; and

(e) National registration.

4. Civil and criminal law and procedure and the administration of justice, including -

(a) Constitution and organization of all courts other than Syariah Courts;

(b) Jurisdiction and powers of all such courts;

(c) Remuneration and other privileges of the judges and officers presiding over such courts;

(d) Persons entitled to practise before such courts;

(e) Subject to paragraph (ii), the following :

(i) Contract; partnership, agency and other special contracts; master and servant; inns and inn-keepers; actionable wrongs; property and its transfer and hypothecation, except land; bona vacantia; equity and trusts; marriage, divorce and legitimacy; married women"s property and status; interpretation of federal law; negotiable instruments; statutory declarations; arbitration; mercantile law; registration of businesses and business names; age of majority; infants and minors; adoption; succession, testate and intestate; probate and letters of administration; bankruptcy and insolvency; oaths and affirmations; limitation; reciprocal enforcement of judgments and orders; the law of evidence;

(ii) the matters mentioned in paragraph (i) do not include Islamic personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession, testate and intestate;

(f) Official secrets; corrupt practices;

(g) Use or exhibition of coats of arms, armorial bearings, flags, emblems, uniforms, orders and decorations other than those of a State;

(h) Creation of offences in respect of any of the matters included in the Federal List or dealt with by federal law;

(i) Indemnity in respect of any of the matters in the Federal List or dealt with by federal law;

(j) Admiralty Jurisdiction;

(k) Ascertainment of Islamic law and other personal laws for purposes of federal law; and

(l) Betting and lotteries.

5. Federal citizenship and naturalization; aliens.

6. The machinery of government, subject to the State List, but including -

(a) Elections to both Houses of Parliament and the Legislative Assemblies of the States and all matters connected therewith;

(b) The Armed Forces Council and the Commissions to which Part X applies;

(c) Federal services including the establishment of services common to the Federation and the States; services common to two or more States;

(d) Pensions and compensation for loss of office; gratuities and conditions of service;

(e) Government and administration of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya including,Islamic law therein to the same extent as provided in item I in the State List and in respect of the Federal Territory of Labuan, native law and custom to the same extent as provided in item 13 of the Supplement to State List for States of Sabah and Sarawak;

[Am. Act A1095 - Prior text read - Government and administration of the Federal Territories of Kuala Lumpur and Labuan including Islamic law therein to the same extent as provided in item 1 in the State List and in respect of the Federal Territory of Labuan, native law and custom to the same extent as provided in item 13 of the Supplement to State List for States of Sabah and Sarawak;]

(f) Federal Government contracts;

(g) Federal public authorities; and

(h) Purchase, acquisition and holding of, and dealing with property for federal purposes.

7. Finance, including -

(a) Currency, legal tender and coinage;

(b) National savings and savings banks;

(c) Borrowing on the security of the Federal Consolidated Fund;

(d) Loans to or borrowing by the States, public authorities and private enterprise;

(e) Public debt of the Federation;

(f) Financial and accounting procedure, including procedure for the collection, custody and payment of the public moneys of the Federation and of the States, and the purchase, custody and disposal of public property other than land of the Federation and of the States;

(g) Audit and accounts of the Federation and the States and other public authorities;

(h) Taxes; rates in the federal capital;

(i) Fees in respect of any of the matters in the Federal List or dealt with by federal law;

(j) Banking; money-lending; pawnbrokers; control of credit;

(k) Bills of exchange, cheques; promissory notes and other similar instruments;

(l) Foreign exchange; and

(m) Capital issues; stock and commodity exchanges.

8. Trade, commerce and industry, including -

(a) Production, supply and distribution of goods; price control and food control; adulteration of foodstuffs and other goods;

(b) Imports into, and exports from, the Federation;

(c) Incorporation, regulation and winding up of corporations other than municipal corporations (but including the municipal corporation of the federal capital); regulation of foreign corporations; bounties on production in or export from the Federation;

(d) Insurance, including compulsory insurance;

(e) Patents; designs; inventions; trade marks and mercantile marks; copyrights;

(f) Establishment of standards of weights and measures;

(g) Establishment of standards of quality of goods manufactured in or exported from the Federation;

(h) Auctions and auctioneers;

(i) Industries; regulation of industrial undertakings;

(j) Subject to item 2 (c) in the State List: Development of mineral resources; mines, mining, minerals and mineral ores; oils and oilfields; purchase, sale, import and export of minerals and mineral ores; petroleum products; regulation of labour and safety in mines and oilfields;

(k) Factories; boilers and machinery; dangerous trades; and

(l) Dangerous and inflammable substances.

9. Shipping, navigation and fisheries, including -

(a) Shipping and navigation on the high seas and in tidal and inland waters;

(b) Ports and harbours; foreshores;

(c) Lighthouses and other provisions for the safety of navigation;

(d) Maritime and estuarine fishing and fisheries, excluding turtles;

(e) Light dues; and

(f) Wrecks and salvage.

10. Communications and transport, including -

(a) Roads, bridges, ferries and other means of communication if declared to be federal by or under federal law;

(b) Railways, excluding Penang Hill Railway;

(c) Airways, aircraft and air navigation; civil aerodromes; provisions for the safety of aircraft;

(d) Regulation of traffic by land, water and air other than on rivers outside harbour areas wholly within one State;

(e) Carriage of passengers and goods by land, water and air;

(f) Mechanically propelled vehicles;

(g) Posts and telecommunications; and

(h) Wireless, broadcasting and television.

11. Federal works and power, including -

(a) Public works for federal purposes;

(b) Water supplies, rivers and canals, except those wholly within one State or regulated by an agreement between all the States concerned; production, distribution and supply of water power; and

(c) Electricity; gas and gas works; and other works for the production and distribution of power and energy.

12. Surveys, inquiries and research, including -

(a) Census; registration of births and deaths; registration of marriages; registration of adoptions other than adoptions under Islamic law or Malay custom;

(b) Survey of the Federation; social, economic and scientific surveys; meteorological organizations;

(c) Scientific and technical research; and

(d) Commissions of inquiry.

13. Education, including -

(a) Elementary, secondary, and university education; vocational and technical education; training of teachers; registration and control of teachers, managers and schools; promotion of special studies and research; scientific and literary societies;

(b) Libraries; museums; ancient and historical monuments and records; archaeological sites and remains.

14. Medicine and health including sanitation in the federal capital, and including -

(a) Hospitals, clinics and dispensaries; medical profession; maternity and child welfare; lepers and leper institutions;

(b) Lunacy and mental deficiency, including places for reception and treatment;

(c) Poisons and dangerous drugs; and

(d) Intoxicating drugs and liquors; manufacture and sale of drugs.

15. Labour and social security, including -

(a) Trade unions; industrial and labour disputes; welfare of labour including housing of labourers by employers; employer"s liability and workmen"s compensation;

(b) Unemployment insurance; health insurance; widow"s, orphans" and old age pensions; maternity benefits; provident and benevolent funds; superannuation; and

(c) Charities and charitable institutions; charitable trusts and trustees excluding Wakafs; Hindu endowments.

16. Welfare of the aborigines.

17. Professional occupations other than those specifically enumerated.

18. Holidays other than State holidays; standard of time.

19. Unincorporated societies.

20. Control of agricultural pests; protection against such pests; prevention of plant diseases.

21. Newspapers; publications; publishers; printing and printing presses.

22. Censorship.

23. Subject to item 5 (f) of the State List: theatres; cinemas; cinematography films; places of public amusement.

24. (Repealed).

25. Co-operative societies.

25A. Tourism.

26. Subject to item 9A of the Concurrent List, prevention and extinguishment of fire, including fire services and fire brigades.

27. All matters relating to the Federal Territories, including the matters enumerated in items 2, 3, 4 and 5 of the State List and in the case of the Federal Territory of Labuan, the matters enumerated in items 15, 16 and 17 of the Supplement to State List for States of Sabah and Sarawak.

[Am. Act A1095 - Prior text read - All matters relating to the Federal Territory, including the matters enumerated in items 2, 3, 4 and 5 of the State List and in the case of the Federal Territory of Labuan, the matters enumerated in items 15, 16 and 17 of the Supplement to State List for States of Sabah and Sarawak.]

LIST II - STATE LIST

1. Except with respect to the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, Islamic law and personal and family law of persons professing the religion of Islam, including the Islamic law relating to succession, testate and intestate, betrothal, marriage, divorce, dower, maintenance, adoption, legitimacy, guardianship, gifts, partitions and non-charitable trusts; Wakafs and the DEFINITION and regulation of charitable and religious trusts, the appointment of trustees and the incorporation of persons in respect of Islamic religious and charitable endowments, institutions, trusts, charities and charitable institutions operating wholly within the State; Malay customs; Zakat, Fitrah and Baitulmal or similar Islamic religious revenue; mosques or any Islamic public places of worship, creation and punishment of offences by persons professing the religion of Islam against precepts of that religion, except in regard to matters included in the Federal List; the constitution, Organisation and procedure of Syariah courts, which shall have jurisdiction only over persons professing the religion of Islam and in respect only of any of the matters included in this paragraph, but shall not have jurisdiction in respect of offences except in so far as conferred by federal law, the control of propagating doctrines and beliefs among persons professing the religion of Islam; the determination of matters of Islamic law and doctrine and Malay custom.

[Am. Act 1095 - Prior text read - Except with respect to the Federal Territories of Kuala Lumpur and Labuan, Islamic law and personal and family law of persons professing the religion of Islam, including the Islamic law relating to succession, testate and intestate, betrothal, marriage, divorce, dower, maintenance, adoption, legitimacy, guardianship, gifts, partitions and non-charitable trusts; Wakafs and the DEFINITION and regulation of charitable and religious trusts, the appointment of trustees and the incorporation of persons in respect of Islamic religious and charitable endowments, institutions, trusts, charities and charitable institutions operating wholly within the State; Malay customs; Zakat, Fitrah and Baitulmal or similar Islamic religious revenue; mosques or any Islamic public places of worship, creation and punishment of offences by persons professing the religion of Islam against precepts of that religion, except in regard to matters included in the Federal List; the constitution, organisation and procedure of Syariah courts, which shall have jurisdiction only over persons professing the religion of Islam and in respect only of any of the matters included in this paragraph, but shall not have jurisdiction in respect of offences except in so far as conferred by federal law, the control of propagating doctrines and beliefs among persons professing the religion of Islam; the determination of matters of Islamic law and doctrine and Malay custom.]

2. Except with respect to the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, land including-

[Am. Act 1095 - Prior text read -Except with respect to the Federal Territories of Kuala Lumpur and Labuan, land including -]

(a) Land tenure, relation of landlord and tenant; registration of titles and deeds relating to land; colonization, land improvement and soil conservation; rent restriction;

(b) Malay reservations or, in the States of Sabah and Sarawak, native reservations;

(c) Permits and licences for prospecting for mines; mining leases and certificates;

(d) Compulsory acquisition of land;

(e) Transfer of land, mortgages, leases and charges in respect of land; easements; and

(f) Escheat; treasure trove excluding antiquities.

3. Except with respect to the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, agriculture and forestry, including-

[Am. Act 1095 - Prior text read - Except with respect to the Federal Territories of Kuala Lumpur and Labuan, agriculture and forestry, including -]

(a) Agriculture and agricultural loans; and

(b) Forests.

4. Local government outside the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, including-

[Am. Act 1095 - Prior text read - Local government outside the Federal Territories of Kuala Lumpur and Labuan, including -]

(a) Local administration; municipal corporations; local, town, and rural board and other local authorities; local government services, local rates, local government elections;

(b) Obnoxious trades and public nuisances in local authority areas; and

(c)(Repealed).

5. Except with respect to the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, other services of a local character, that is to say:

[Am. Act 1095 - Prior text read -Except with respect to the Federal Territories of Kuala Lumpur and Labuan, other services of a local character, that is to say:

(a)(Repealed);

(b) Boarding houses and lodging houses;

(c) Burial and cremation grounds;

(d) Pounds and cattle trespass;

(e) Markets and fairs; and

(f) Licensing of theatres, cinemas and places of public amusement.

6. State works and water, that is to say:

(a) Public works for State purposes;

(b) Roads, bridges and ferries other than those in the Federal List, regulation of weight and speed of vehicles on such roads; and

(c) Subject to the Federal List, water (including rivers and canals but excluding water supplies and services); control of silt; riparian rights.

[Subs. Act A1239]

7. Machinery of the State Government, subject to the Federal List, but including -

(a) Civil List and State pensions;

(b) Exclusive State services;

(c) Borrowing on the security of the State Consolidated Fund;

(d) Loans for State purposes;

(e) Public debt of the State; and

(f) Fees in respect of any of the matters included in the State List or dealt with by State law.

8. State holidays.

9. Creation of offences in respect of any of the matters included in the State List or dealt with by State law, proofs of State law and of things done thereunder, and proof of any matter for purposes of State law.

10. Inquiries for State purposes, including commissions of inquiry and collection of statistics with respect to any of the matters included in the State List or dealt with by State law.

11. Indemnity in respect of any of the matters in the State List or dealt with by State law.

12. Turtles and rivering fishing.

12A. Libraries, museums, ancient and historical monuments and records and archaeological sites and remains, other than those declared to be federal by or under federal law.

LIST IIA - SUPPLEMENT TO STATE LIST FOR STATES OF SABAH AND SARAWAK

[Articles 95B (1) (a)]

13. Native law and custom, including the personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession, testate or intestate; registration of adoptions under native law or custom; the determination of matters of native law or custom; the constitution, organization, and procedure of native courts (including the right of audience in such courts), and the jurisdiction and powers of such courts, which shall extend only to the matters included in this paragraph and shall not include jurisdiction in respect of offences except in so far as conferred by federal law.

14. Incorporation of authorities and other bodies set up by State law, if incorporated directly by State law, and regulation and winding-up of corporations so created.

15. Ports and harbours, other than those declared to be federal by or under federal law; regulation of traffic by water in ports and harbours or on rivers wholly within the State, except traffic in federal ports or harbours; foreshores.

16. Cadastral land surveys.

17. (Repealed).

18. In Sabah, the Sabah Railway.

19. (Repealed).

20. Subject to the Federal List, water supplies and services.

[Ins. Act A1239]

LIST IIB - (REPEALED)

LIST III - CONCURRENT LIST

1. Social welfare; social services subject to Lists I and II; protection of women, children and young persons.

2. Scholarships

3. Protection of wild animals and wild birds; National Parks.

4. Animal husbandry; prevention of cruelty to animals; veterinary services; animal quarantine.

5. Town and country planning, except in the federal capital.

6. Vagrancy and itinerant hawkers.

7. Public health, sanitation (excluding sanitation in the federal capital) and the prevention of diseases.

8. Drainage and irrigation.

9. Rehabilitation of mining land and land which has suffered soil erosion.

9A. Fire safety measures and fire precautions in the construction and maintenance of buildings.

9B. Culture and sports.

9C. Housing and provisions for housing accommodation; improvement trusts.

9D. Subject to the Federal List, water supplies and services.

9E. Preservation of heritage.

[Ins. Act A1239]

LIST IIIA - SUPPLEMENT TO CONCURRENT LIST FOR STATES OF SABAH AND SARAWAK

[Article 95B (1) (b)]

10. Personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession, testate or intestate.

11. Adulteration of foodstuffs and other goods.

12. Shipping under fifteen registered tons, including the carriage of passengers and goods by such shipping; maritime and estuarine fishing and fisheries.

13. The production, distribution and supply of water power and of electricity generated by water power.

14. Agricultural and forestry research, control of agricultural pests, and protection against such pests; prevention of plant diseases.

15. Charities and charitable trusts and institutions in the State (that is to say, operating wholly within, or created and operating in, the State) and their trustees, including the incorporation thereof and the regulation and winding-up of incorporated charities and charitable institutions in the State.

16. Theatres; cinemas; cinematography films; places of public amusement.

17. Elections to the State Assembly held during the period of indirect elections.

18. In Sabah until the end of the year 1970 (but not in Sarawak), medicine and health, including the matters specified in items 14 (a) to (d) of the Federal List.

LIST IIIB - (REPEALED)

-----------------------

S'gor MB: State firm owns stake in Grand Saga

Rahmah Ghazali & S Pathamawathy | May 28, 08 3:08pm

MCPX Selangor Menteri Besar Abdul Khalid Ibrahim revealed today that a state-owned company holds a sizable stake in toll concessionaire Grand Saga, which is embroiled in a dispute with Bandar Mahkota Cheras (BMC) residents. “We are holding an executive council meeting this evening and we will come up with our position. I have to listen to all the facts and study the reason why the situation has to come to this stage,” he told reporters at the Parliament lobby. Khalid did not name the state-owned company. It is learnt that state investment arm Kumpulan Perangsang Selangor indirectly owns a portion of Grand Saga [see chart below]. He noted that the concessionaire wants to ensure that traffic will flow into the toll road, to enhance revenue. "I have spoken to the works minister and we are in discussion to find ways to resolve the issue," Khalid said. Saying that he stands by the BMC residents, he added that the slip road should be opened for the benefit of the community. Calling for an EGM Later at a press conference held in Shah Alam after the Selangor state exco meeting, Khalid said that the government, in its capacity as a shareholder in Grand Saga, would be calling for an emergency general meeting (EGM) of the company to seek explanation on the company's stern stand on the barricade matter. He said the state also wanted an explanation on the alleged use of thugs by Grand Saga against the residents. He added that the state government would be writing to the Malaysia Highway Authorities (LLM) to inquire if they had given permission to Grand Saga to erect the new barricade. "If LLM confirms that they had indeed given such an approval, we will ask for the barricade to be removed," he said. When asked why the state government did not intervene during last night's fracas, Khalid explained that Kajang Municipal Council did not produce "proficient" information on where the barricades were built. "They (MPKJ) and the residents said the barricades were built on state-owned land but according to Grand Saga, they said they built them on LLM-owned land," he added. He urged the residents to stay calm while the state government takes steps to solve the issue, adding that the matter also involved the federal government by virtue of the role played by LLM in the matter. "However, we are taking this matter very seriously," he said. He also added that an official letter has been sent to Works Minister Mohd Zin Mohamad for his decision so that the barricades can be taken down and to eventually open the access road. A win-win situation Khalid also stressed that the issue did not involve the residents but it was between the two companies - Grand Saga and Narajaya Sdn Bhd. "Whatever the verdict (from the court) is, the road will be open either way," added Khalid, saying that if Narajaya won the case, Grand Saga would have to take down those barricades. "If Narajaya lost, then they would have to pay compensation to Grand Saga," he further clarified. The menteri besar pointed out that the state government did not question the status of the barricades - whether they are legal or illegal. "But what made the barricades being built again is questioned," he said. Tourism, Consumer Affairs and Environment exco Elizabeth Wong, who was also present at the press conference, urged the works minister to ‘turun padang' (take a closer look) at BMC and give orders (to settle the issue). Also present during the conference were two other state excos, Dr Xavier Jayakumar and Ronnie Liu. BMC developer Narajaya and Grand Saga are involved in a land ownership tussle over part of Jalan Cheras Lama. Grand Saga had built a concrete barricade to block this toll-free access road to the highway, angering BMC residents who have torn it down three times to date. Late yesterday, they made another attempt, resulting in a fracas with 'hired thugs' that left a bloody trail of injuries.