The stadium did not have the 'certificate of fitness' yet - and it had already been utilized - a case of 'Malaysia Boleh'?

How could they even use the Stadium when the completion certification was not yet issued for that very big roof of the stadium?

What nonsense about not being able to issue it because it was still 'under warranty' - are we talking about a TV, a computer, etc...We are talking about a very big building here. Are they talking about that 'defect liability period' - the period which the contractor will have to repair for free 'problems' the building owner finds.

Was it safe to use? A local consultant said it was OK - who is this local consultant - he should be made accountable.

The Sultan Mizan Zainal Abidin Stadium was issued a partial work completion certificate last year as it was considered safe to host the Malaysia Games.

State Public Works Department deputy director Ghazali Hashim said the certification, based on the report by an independent examiner, was given to several sections of the stadium including the track, field and several areas outside the building.

“However, we have not issued any certification for the roof as it was still under the warranty period,” he said of the roof of the stadium which collapsed on Tuesday.

A local consultant commissioned to evaluate the safety of the roof declared it safe, he said, adding: “So, we allowed the Games to be held at the venue.”

Ghazali had earlier accompanied Youth and Sport Minister Datuk Ahmad Shabery Cheek to visit the site Wednesday.

Ghazali said the department was only empowered to issue a work completion certificate once the warranty period had ended. “We have to wait for the warranty period to be over before issuing any certification for the roof,” he said.

Ghazali said government buildings were exempted from having to apply for Certificate of Fitness before occupying the premises.

In the case of the stadium, he said the department issued a partial certification and was in the midst of getting a full-fledged status for the stadium.

The department, he said, would ask the stadium’s main contractor for compensation and carry-out remedial work.

“We will hold the main contractor responsible as (the other firm) the Korean firm was the sub-contractor. “As far as we are concerned, payments were made directly to main contractor and not the Korean firm,” he said.

Ghazali said the department had previously compounded the main contractor for not completing work as scheduled.

Mentri Besar Datuk Ahmad Said has ordered an immediate inspection of newly completed buildings following the incident.

He said the checks would focus on detecting structural defects, cracks and shoddy workmanship. Some of the new buildings are the indoor stadium, Sultan Mahmud Airport and swimming complex.

He said he himself noticed defects on the roof of the year-old Sultan Mahmud Airport. He said the state would appoint independent consultants to carry out the checks.

The roof collapse came only one year after the stadium’s completion which cost RM300mil.

Authorities are investigating if the contractors had rushed to complete the stadium ahead of the Malaysia Games in June last year. Meanwhile, Raja Datuk Kamarul Bahrin Shah of Senibahri Arkitek, the principal architect of the stadium, said he might comment on the incident in a few days’ time.

“I can’t say anything now as I do not have the full facts,” he said when contacted via SMS in Medinah where he is on his way to perform the umrah at Mecca.

Raja Kamarul Baharin said he would return to the country on June 10. - Star, 3/6/2009,Stadium roof still under warranty, so not certified by PWD

Samy, it is Freedom of Expression - no need to charge him? - "Melayu Dikhianati?"

No Samy Velu - we believe in the freedom of expression and opinion...

We do not want anybody to charged under such bad 'anti-freedom of expression' laws for Sedition, etc - We appreciate it that you (and MIC) have expressed a view about this article..and that is good. [But I wonder whether you would have had the guts to express your opinion if the DPM had not first expressed his displeasure...]

MIC president S Samy Vellu today called for the writer of an offensive article published in the Umno-owned Utusan Malaysia to be charged with sedition.

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"I deplore the racial slur made by the writer of the local Malay daily where he had indirectly referred to the Chinese and Indians of Malaysia as 'kaum pendatang' (immigrants).

"It is most disgusting, despicable and shocking. I suspect the writer is not part of the newspaper, but has been using it (the newspaper) to promote his own agenda," he said in a statement.

According to Samy Vellu, the Utusan writer with the pen-name Awang Selamat, "must, and should be, charged in court under the Sedition Act."

"His comments are most unbecoming, especially with our prime minister promoting the 1Malaysia concept," he said.

In view of this, Samy Vellu said MIC wants the government to take immediate action against the writer for stirring ill-feelings among Malaysians, especially the Chinese and Indians.

He added that even Deputy Prime Minister Muhyiddin Yassin remarked that racially-slanted statements were unacceptable and is against the '1Malaysia' concept. - Malaysiakini, 3/6/2009, 'Charge Utusan writer with sedition'

It was also good that our DPM was also not happy about that article and expressed a view (We are sad that the Prime Minister has kept quite..). It would have been better if the DPM had read the said article first.

Deputy Prime Minister Muhyiddin Yassin today expressed disappointment with Umno-owned Malay daily

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Utusan Malaysia for publishing articles with a racial slant.

He was asked to comment on the reservations aired over an article which was published on Sunday titled 'Melayu dikhianati?' (Malays betrayed?).

Among others, the article penned by Awang Selamat said that non-Malays were going overboard with their demands.

Although Muhyiddin was 'not aware' of the article, he however said Utusan must respect the position of every race in the country.

"Those accorded with proper citizenship are Malaysians irrespective of whether they are Malays, Indians or Chinese," he told a press conference in Kuala Lumpur. - Malaysiakini, 2/6/2009, DPM ticks off Utusan over racial slant

I am also not very happy with the said article. He talks about the 'migrant race' and tries again to re-affirm that 'social contract' nonsense. (See also my earlier post:- Social Contract - True or False? UMNO - fought British for Independence, or just a British crony? Time to re-discover the truth.. )

But, then sometimes some Malaysians behave as though they are really 2nd class citizens - accepting the handouts of the government without challenging discriminations and inequities. But, alas, they are just following the bad examples of MIC, MCA, GERAKAN - who really seem to be just lapdogs of UMNO, not at all equal partners. BN's No. 1 & 2, Secretary General & Treasurer are all from UMNO - does that not tell you about the relationship of UMNO and the other parties in the Barisan Nasional?

Anyway, let's see the article that all are talking about :-

Melayu dikhianati?

Hati Awang semakin hari semakin ditoreh-toreh oleh tuntutan pelbagai pihak bukan Melayu yang bersikap terlalu rasis selepas Pilihan Raya Umum ke-12. Kita boleh tafsir apa sebabnya. Awang tidak mahu mengulas panjang kali ini, cukup sekadar disiarkan semula petikan kenyataan seorang pemimpin MCA, Tun Tan Siew Sin pada 30 April 1969 (dipetik daripada buku Khalid Awang Osman dan pernah diulas Ridhuan Tee Abdullah) untuk renungan kita semua.

''Orang Melayu menerusi UMNO bermurah hati melonggarkan syarat-syarat dalam undang-undang negara ini sehinggakan dalam masa 12 bulan selepas kemerdekaan, 90 peratus penduduk bukan Melayu menjadi warganegara. Ini berbeza dengan keadaan sebelum merdeka di mana 90 peratus daripada mereka masih tidak diiktiraf sebagai rakyat Tanah Melayu walaupun hampir 100 tahun hidup di bawah pemerintahan penjajah. Sebagai membalas kemurahan hati orang Melayu, MCA dan MIC bersetuju meneruskan dasar memelihara dan menghormati kedudukan istimewa orang Melayu dan dalam masa yang sama mempertahankan kepentingan-kepentingan sah kaum lain''.

Sebelum itu, seorang pemimpin MIC Tun V.T Sambanthan pada 1 Jun 1965 pernah berkata: ''Pada tahun 1955 kita telah memenangi pilihan raya dengan majoriti yang tinggi, selanjutnya mendapat kemerdekaan dalam masa dua tahun kemudian. Dalam jangka masa itu, kita terpaksa berbincang dan menangani pelbagai perkara termasuk soal kewarganegaraan. Persoalannya di sini, apakah yang dilakukan oleh orang Melayu memandangkan kita bercakap menyentuh perkauman? Apakah yang dilakukan oleh pemimpin-pemimpin Melayu? Mereka mempunyai 88 peratus daripada pengundi menyokong mereka.

Apakah yang mereka putuskan mengenai isu kewarganegaraan? ''Jika kita lihat di serata negara Asia dan Asia Timur, kita akan mendapati kaum India tidak akan diterima di Ceylon dan juga tidak diterima di Burma. Sama halnya dengan kaum Cina, mereka tidak diterima di Thailand, Vietnam, Kemboja dan di negara-negara lain. Apakah bantuan berhubung kewarganegaraan yang mereka peroleh di semua wilayah tersebut?

"Di Burma, seperti yang kita semua sedia maklum, kaum India telah diusir keluar, di Ceylon mereka tidak diberikan taraf warganegara seperti juga di Burma. Saya tahu dan anda juga tahu. Apa yang sedang berlaku di Malaya? Di sini kita mendapati pemimpin Melayu berkata, ''Kita akan menerima mereka sebagai saudara, kita akan berikan mereka sepenuh peluang untuk meneruskan kehidupan di negara ini, kita akan beri mereka peluang untuk menjadi warganegara''. Seterusnya pada tahun 1957, dengan tidak mengambil kira kebolehan berbahasa (Melayu) ribuan orang India, Cina dan Ceylon menjadi warganegara. Seperti yang saya nyatakan, saya amat bernasib baik kerana dilahirkan di negara ini. Di manakah anda boleh berjumpa bangsa yang lebih prihatin, bersopan-santun dan tertib selain daripada bangsa Melayu. Di manakah anda boleh mendapat layanan politik yang baik untuk kaum pendatang? Di manakah dalam sejarah dunia? Saya bertanya kepada anda. Ini adalah fakta. Siapakah anda untuk menjaga keselamatan kami? Saya adalah kalangan 10 peratus kaum minoriti di sini. Tetapi saya amat gembira di sini.''

Persoalannya, kini apakah pengorbanan Melayu dikhianati oleh kaum lain?

-Awang Selamat - Utusan Online, 31/5/2009, Melayu Dikhianati?

PJ Local Council's responsibility in the death of 7 Jaya Supermarket incident cannot be ignored...

7 workers killed by the accident during the demolition of the Jaya Supermaket ...and this is serious - now the company responsible, the CEO, Manager, Directors, etc should also be charged for committing a criminal offence under the penal code or other laws. Example of sections of the Penal Code that may be relevant are as follows (note that there may be more relevant sections). Maybe also can be used against the Local Councillors who gave their 'stamp of approval' for the demolition..

288. Negligence with respect to pulling down or repairing buildings.

Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand ringgit, or with both.

304A. Causing death by negligence.

Whoever causes the death of any person, by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.

Shocking also that the demolition was being done without the requisite approval - it was an ILLEGAL demolition. Again, we note that the name of the company doing the demolitions, the name of the employer of the workers killed, etc have all been kept 'secret' - the newspapers are not reporting it.

Also, there is no report about any police investigation - police arrests, etc... 7 killed, and others injured. Illegal Demolition. Clearly, there is sufficient reasons for a criminal investigation,... It is not just a matter for the Occupational Health and Safety officers...

The Department of Occupational Safety and Health did not give approval for the demolition of the Jaya Supermarket in Petaling Jaya, said Human Resources Minister Datuk Dr S. Subrama-niam.

He said the developers had a demolition permit from the local authority and while they had applied for the department’s approval, they did not obtain it when they started the demolition work.

Dr Subramaniam said the department began its investigations on Monday and it would take about two weeks to complete.

“If there is any element of negligence, the engineers, contractors and the proprietor of the building can be fined RM50,000, jailed up to two years, or both, under the Occupational Safety and Health Act for each offence,” he told a press conference after launching a Small-Medium Enterprises training fair at a hotel yesterday.

On May 28, the five-storey portion of the supermarket building collapsed right to the basement during demolition work.

Seven workers died in the incident.

Dr Subramaniam said the ministry was amending the Act so that professionals would be held accountable for monitoring work being done as it was impossible for department officers to monitor every company throughout the year.

Petaling Jaya mayor Datuk Mohamad Roslan Sakiman said developers and contractors would be asked to sign a statutory declaration that they were responsible for a work until its completion to further enhance public safety.

At present, he said, the Uniform Building By-laws only required such a declaration when the building plan was submitted.

He added that the Housing and Local Government Ministry’s Certificate of Completion and Compliance in 2007 had also replaced the council’s Certificate of Fitness.

As such, the applicants bear sole responsibility for the construction or demolition, which includes safety at the site, he said.

Section 14A Rukun Tetangga chairman Tee Kee Ti, however, felt that it was not appropriate for the local council “to blame the matter on somebody” and “to push away their responsibility in such a way”.

Petaling Jaya Local Councillors , i.e. those Pakatan Rakyat appointed ones, should immediately tender their resignation.

They have a responsibility for all matters that happen within their jurisdiction - especially matters concerning construction and demolition. The incident happened less that 2 Km from their head office. Do they not also send officers to check on state of affairs - i.e. whether the requisite approvals have been obtained, etc..

Is the Local Council investigating the incident? Will they be issuing a report of their own findings..Will they ensure that the family and dependents of those killed b adequately compensated for their loss (i.e. not less than RM25K each)? Will the injured be compensated? Will this errant company - its Directors, shareholders, Management, etc be blacklisted irrespective of what new company they form or are part of? Or...like their predecessors, their BN appointed councillors, they too will sweep this under the carpet? 7 dead demands the head of the Local Council, if not all the councillors, to immediately tender their resignation in shame..

Elected Councillors would have been more responsible, for if they fail their community, they would not be re-elected by their constituents. On the other hand, appointed councillors only have to spend time being in the good books of the MB and State Exco, and maybe their party leaders - they tend to neglect the needs of the people..they neglect ...Shocked am I to hear that the said 'demolishers' and killers of 7 had the blessing of the Local Council to proceed...Do you not know that there is a need to get Occupational Safety and Health's approval before demolition can commence.

I await the response of the Local Council of Petaling Jaya ...I also hope that the MPs and ADUNs of the area, is out there demanding answers...from the Local Council, etc. It matters not whether the Local Council are 'your' people or not, peoples' reps have a duty and obligation to the people that they represent...

HRH the Sultan, the royal family and many could have been victims of this 1-year old Stadium collapse - Independent Public Inquiry, please

How lucky the UMNO-led BN government that the Sultan Mizan Zainal Abidin Stadium in Gong Badak, Kuala Trengganu collapsed when there was no occasion in the said Stadium...

HRH Sultan of Trengganu, the royal family and a lot of people could have been seriously injured or even killed when the roof of the stadium collapsed..

The roof on the stadium’s left wing was ravaged after the iron frame structure supporting the 300m-long roof destabilised, causing it to fold. The affected zones were the main entrance, royal podium and the public seating area. - Star, 3/6/2009, Workers escape in the nick of time as roof of year-old stadium collapses

And, still we do not understand why the contractors, engineers and architects are being protected - why they have not even been named in the various reports. Is it just a case of poor journalism or poor investigative journalism, or is the media not reporting this because they have been 'advised' not to - and comply they must for fear of the permits being lost..

Trengganu Royal Commission of Inquiry must be set up to investigate this affair and tell us the truth...

I wonder whether the same contractor is still getting projects from the UMNO led- BN government...are there any other recent projects by the same people. I will be scared to be in any buildings build by these people...Be open - disclose everything.

Remember also the Jaya Supermaket, PJ incident - and here too we were not told who were the companies involved...WHY?

The problem with the allocation of contracts to a main contractor who sub-contracts to A, who sub-contracts to B, who sub-contracts to C, who sub-contracts to D is that money that should be used to get the best quality building materials and building crew finally gets so shrunk that the contractor who finally has to do the real building may have only 50% of the sum allocated to work on - and that is when problems arise, 'corners are cut' and buildings collapse.

This stadium, according to the Star report, cost RM460 million (maybe even more, for it is uncertain that this really is the amount spend). I also wonder why an additional RM50 million was given because of rise in cost of building materials - Surely when an agreement is signed, that it it. If prices drop, then the contractor profits more. If prices of building materials soar, then the contractor's profit shrinks. Surely any person who forwards a quotation takes into consideration possible price increases - in fact, many also already make advance orders from suppliers (or have already fixed-price agreements with suppliers). I really do not understand why the government has to fork out an additional RM50 million because prices of building materials soar. Will the contractor return money to the government if prices of building materials drop? I think not. Investigate this additional RM50 million allocation as well, Mr MACC (Malaysian Anti Corruption Commission).

Now, they tell us that the cost of repairs is going to be RM25million (that could have been used to provide about 750 poor families free homes) -

The damage at the east wing has been estimated at RM25mil....“The stadium is still under warranty and the contractor will bear the cost of the remedial works,” he [Works Minister Datuk Shaziman Mansor] said, adding that the incident had tarnished the reputation of the country. - Star, 3/6/2009, Workers escape in the nick of time as roof of year-old stadium collapses

But, thankfully, it is still under warranty and the contractor will have to bear the cost of remedial work... But, will the contractor? If the contractor is a company, then they may quickly wind-up the company...for after all, we are talking about a building construction company, who really would not have much of assets like land, etc..Then, the shareholders, the CEO and Directors will just set up another company and move on...If the government blacklists the company, then it may only be the company - not the the shareholders, the CEO and Directors or their new companies. That is why, the government must openly tell us the name of the company responsible, the name of its SEO, its Directors and principle shareholders (and, if a 'blacklisting' is to be done, then it should go beyond just the said company but should also be all companies where the said persons are involved...).

We cannot do that - Why? because maybe the persons behind the company are important ..connected people. Maybe, Najib or the MB has a great stake in the company...Open disclosure please...

See also the earlier posting entitled Another 'projek kerajaan Barisan Nasional' collapses...

Billed as the pride of the state, the RM300mil Sultan Mizan Zainal Abidin Stadium in Gong Badak suffered a major blow when its roof collapsed yesterday – just a year after it was opened.

No one was injured in the 9am incident, but the stadium, which was the venue for Sukma (Malaysian Games) last year, has been declared unsafe.

Declared unsafe: The Sultan Mizan Zainal Abidin Stadium after its roof collapsed yesterday. — Bernama

The damage at the east wing has been estimated at RM25mil.

The impact of the collapse was so loud that an employee at the stadium thought that a plane had crashed-landed on it.

“I shivered when I heard the deafening sound,” stadium administration officer Noor-kumarasari Jamil, 31, said.

She panicked and screamed for her colleagues to leave the office as the Sultan Mahmud Airport was situated near to the stadium.

Noorkumarasari said her superior directed all the employees to vacate the office and take shelter at a nearby indoor stadium.

Damaged: Workers looking at the collapsed structure of the RM300mil Sultan Mizan Zainal Abidin Stadium in Gong Badak, Terengganu. The affected zones are the main entrance, royal podium and the public seating area.

General worker Hajjah Shafar, 32, said she was terrified when she saw the roof structure tumbling down.

“I was sweeping the floor at the west wing of the stadium when the roof collapsed,” she said. “I just ran for my life.”

Nineteen workers, mostly cleaners, were at the stadium but they managed to flee to safety.

The stadium is part of the modern Gong Badak sports complex, which was built at an initial cost of RM250mil but the amount surged by an additional RM50mil due to soaring prices of building materials.

The indoor stadium, which is also part of the complex, was built at a cost of RM160mil.

The roof on the stadium’s left wing was ravaged after the iron frame structure supporting the 300m-long roof destabilised, causing it to fold. The affected zones were the main entrance, royal podium and the public seating area.

A Kancil car and three motorcycles were also damaged by the debris.

Works Minister Datuk Shaziman Mansor, who visited the site, said the Construction and Industrial Development Board, a wing under the ministry, had been tasked to form a team comprising architects to determine the cause of the catastrophe.

“It’s premature to point fingers at any party, including the contractor responsible for erecting the roof structure, until the outcome of the investigation.

“The stadium is still under warranty and the contractor will bear the cost of the remedial works,” he said, adding that the incident had tarnished the reputation of the country.

State Fire and Rescue Department director Puazan Ahmad said they received a distress call at 9.45am, and 25 personnel were sent to the site.- Star, 3/6/2009, Workers escape in the nick of time as roof of year-old stadium collapses

Another 'projek kerajaan Barisan Nasional' collapses...

Another project of the Barisan Nasional government, Stadium Kuala Trengganu....has collapsed.

I wonder why we see signboards stating that this is yet another 'Barisan Nasional' project - when it is in truth a project of the government of Malaysia.

But when buildings come crushing down - then suddenly we do not hear that this was a BN government project - it just becomes government project...

Blame also gets shifted to some foreign contractor, etc... The responsibility, of course, lies with the BN government and the State Government.

Thankfully, this roof did not collapse when the stadium was full for a football game or some other function. Now, it seems that there were no one who got injured or killed - but wait there were cars (vehicles) that were crushed... hopefully all are safe..

Who issued the certificate of fitness? Was it not the Majlis Bandaran(Bandaraya) Kuala Trengganu...yes, blame lies with the person/s who said that all was OK with that building...We demand immediate investigation - and immediate action against those who approved. Action should also be taken against the Architect, Engineers, etc...But, alas, this is Malaysia and the names of those responsible will become 'secret' - and nothing may happen. Who got the contract to build the stadium? Who did the contractor sub-contract to...and who did the sub-contractor sub-contract to...and who did that sub-sub-sub contractor sub-contract to...who really did the final building...

Sub-contracting so many times is a norm in Malaysia - many a time some of this who get the contract (or the sub-contract) do not even have the capacity to build even a toilet. So, why did they get the contract (or the sub-contract) - well that is one way how money can flow into certain pockets legally...

In any event, all the contractors and the sub-contractors (and their directors) must be revealed to the public and they should all be made accountable...no more government money should be spend on this stadium. Those who got money and did a bad job must now do the needed repairs to re-construct this stadium using their own money...But, this is Malaysia - and the reason for the collapse would most likely be an 'Act of God', and there will be a new tender and a new project, and maybe even the same people (using the same company or different company) may end up getting the project to repair the stadium...and more of the rakyat's money will be spent...

The roof of the 50,000-capacity Gong Badak stadium in Terengganu collapsed at about 7.30am today.

In the incident, 60 percent of the roof at the stadium collapsed, including that above the royal box at the grand stand.

Eyewitnesses told Malaysiakini that several vehicles were crushed by the falling roof.

Freelance journalist Sazali Mohd Nor told Malaysiakini that the high roof at one end of the one-year-old stadium had collapsed.

The low roof on the other end of the stadium was unaffected.

Malaysiakini learnt that the stadium's consultants were worried about the integrity of the roofs which were built by a foreign contractor.

The RM270 million Sultan Mizan Zainal Abidin Stadium, the biggest stadium in the east coast, was built to host the 2008 Sukma Games.

It was officially opened by the king, Tuanku Mizan, last May. The all-seater multi-purpose stadium is often used by the state football team. - Malaysiakini, 2/6/2009, Stadium roof collapses in Kuala T'ganu

Beware - Malaysia 'secretly' entering into another FTA Agreement ...full transparency please.

Free Trade Agreements(FTA) - Malaysia enters into free trade agreements with this country and that country - and these agreement affects not just the UMNO-led BN government but all Malaysians..

As such, before any such FTA are signed, it is important that Malaysians are allowed to peruse this agreements, and have the opportunity to discuss and debate it. Media should carry these debates and feedbacks.

All such FTAs and other Agreements that bind Malaysia should also be first tabled in Parliament and agreed to, before Malaysia sits down and signs these agreements.

Malaysia should be fully aware of the consequence of 'free trade' especially when it is signed by 'non-equal' parties. There is a need for a certain amount of discrimination ... a certain amount of of 'special privileges' and protectionism especially of the poor and marginalised. The whole special priviledges/benefits for Malays and natives of Sabah and Sarawak provision in our Federal Constitution indicates this kind of thinking. Are we ready to compete at the same level with the US...and now New Zealand. Maybe the rich and the bigger companies in Malaysia can - but the smaller people and businesses certainly will lose out - and we will be worse of.

Transparency - tell us exactly what the terms of this FTA Agreement is. Allow different viewpaoints to be shared with all Malaysians (In short, get the media to publish/air opinions in support and opinions that are against - so that the Malaysian people get to see all aspects).

Only the government's perspective is of little benefit to the people - since it may only be the reasons that support the government position - i.e. to go ahead and sign the FTA.

Only the general objects or gist of FTA Agreement is not suffuicient - as sometimes, it is that 'small terms' and words that will cause the people (and future governments, i.e. may PR Government) great pain - because it is very very difficult to 'cancel' (terminate) agreements.

Malaysia and New Zealand have stitched a free trade agreement, New Zealand Trade Minister Tim Groser said today.

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Groser said negotiations for the deal had been finalised after negotiations in Kuala Lumpur.

"This FTA is great news for New Zealand. Our negotiators have secured a high quality, comprehensive FTA that provides commercially meaningful benefits to New Zealand businesses," Groser said in a statement.

Malaysia is New Zealand's seventh largest trading partner, with two-way trade worth nearly US$1.95 billion (RM6.8 billion) annually.

New Zealand exports to Malaysia were worth RM2.25 billion last year and goods exports have been growing at 34 percent annually since 2005.

"Improved market access and greater certainty for New Zealand goods and services exporters and investors are just some of the benefits achieved," Groser said.

"It is an important signal that in the midst of the global financial crisis and the creeping tendency towards protectionism internationally, Malaysia and New Zealand have reaffirmed our commitment to trade liberalisation."

Final deal to be signed this year

The two countries already have a free trade agreement following the signing of a deal between the Association of Southeast Asian Nations (Asean) and Australia and New Zealand in February this year.

But Groser said the new bilateral deal would have more benefits for both countries than the wider Asean deal.Malaysiakini, 2/6/2009, NZ, M'sia agree free trade deal: minister

The FTA Agreement is not yet signed - and note that it is the New Zealand government that have gone public about this - not the Malaysian government.

Both Malaysia and New Zealand will seek legal and technical verification of the deal and domestic approval before the signing of the final agreement.

Both countries believe that the final deal will be signed this year, Groser said.- AFP, Malaysiakini, 2/6/2009, NZ, M'sia agree free trade deal: minister

Anyway, why don't Malaysia just put all their FTAs and MOUs on the relevant Ministry's website. Why are they a 'secret"? Why are there so many secrets in Malaysia? When will be having a Freedom of Information Act? When will government 'secret" documents became available to the public - in some countries after a certain number of years (say 20 years), all secret documents become available to the public - why do we not have this in Malaysia.

Social Contract - True or False? UMNO - fought British for Independence, or just a British crony? Time to re-discover the truth..

With the independence of Malaysia, there was a 'social contract' between the various ethnic groups in Malaysia. The native Malays agreed to the granting of citizenship to the Chinese (and Indians), and the Chinese (and Indians) agreed to the granting of special privileges to the native Malays.

The existence of this 'social contract', in this particular form, has been disputed - and over the past months, the UMNO-led BN government have been trying to repeatedly drum in this 'social contract' into the minds of Malaysians - so that ultimately everyone will believe this as the truth...the real truth.

Sadly, there is NO documentary proof of this 'social contract' - and hence, the only agreement that we can rely on is the Federal Constitution - and that is it.

Today, we are all Malaysian citizens - and our nationality is Malaysian. [Our ethnicity may be Cantonese, Hakka, Malayalee, Telugu, Tamil, etc...]. It irks me still when I see in many government and other forms, the word 'Bangsa' (which means nationality) - for me, I am Malaysian, my parents are Malaysians, and my children are Malaysians.....full stop.

And guess what - normally you cannot leave that column 'bangsa' blank. Even, if the word race or 'ras' is used, it is OK.

Was there a social contract?
Maybe - but it ws made between possibly UMNO, MCA and MIC, with the blessings of the British colonial masters.

Were the people consulted? Was there a referendum? The answer is 'No'.

Did UMNO, MCA and MIC even consult its general membership ...were there EGMs and AGMs held by these political parties for them to get the mandate of their membership. I do not think so - for if, not minutes of these meetings/decisions would have surfaced long time ago.

So - this 'social contract' agreement may really be an agreement between the chosen few in UMNO, MCA and MIC.

Does UMNO, MCA and MIC represent the Malays, Chinese and Indians respectively now? or even in the pre-independence period? I do not think so....not even during the pre-independence period (or the early post-independence era)...and certainly not in 2009.

In fact, there has been some who say that this UMNO, MCA and MIC were not even the popular choice of the people of Malaya (Malaysia) - but certainly they were the prefered choice of the British Colonial powers... Why? Why?

Election Results (Only of how many seats Alliance[UMNO,MCA,MIC], then BN won - no info about what other parties won)

1955 General Election Alliance won 51 out of 52 seats contested (98%)
1959 General Election Alliance won 74 out of 104 seats contested (71%)
1964 General Election Alliance won 89 out of 104 seats contested (86%)
1969 General Election Alliance won 74 out of 144 seats contested (51%)

*** The 1st time that the Alliance (now known as the BN) failed to get 2/3rd majority was in 1969. (see earlier post:- Of past elections & 'historical facts' in Malaysia - the 'brain-washing'..

Do not be too quick to jump to conclusions based on the results of the 1955, pre-independence elections. The question that must be asked is whether the other political parties/groups were allowed to contest in that 'British' elections? Were they allowed to but they chose not to - to boycott the elections? [We always talk about UMNO led-BN following the British legacy - and we know how nearly impossible it is to register political parties,,,and how quickly they try to kill popular parties by 'illegalizing' them and arresting their leaders - so was it also the case in that 1955 GE? Was it a free and fair elections? Unfortunately, there is not much information available for a comprehensive analysis, which will allow us to make some conclusions.]

There seem to be not much of a struggle for independence in Malaya - there was no 'fighting' for independence that even happened in USA, or India. There was not much protest..demonstration...arrests..detention. [In Malaysia, it seems that the British literally handed over the reins of power to UMNO-MCA-MIC - or was there a struggle against the British for independence but UMNO-MCA-MIC did not have a role in that struggle. And our history books have been 'altered' (or certain things left out) for us to believe that this was all that happened that forced British colonialist to hand over power to UMNO-MCA-MIC.

The only fights during that period seems to be against the so-called 'communist terrorists'...mmm, but were they not the enemies of the British colonial government after World War 2...so they became also the enemies of the UMNO-MCA-MIC after independence. One wonders whether those so-called ''communist terrorists" were indeed fighting for independence from British colonial powers. So, why were the enemies of the British also the enemies of the post-independence government led by UMNO-MCA-MIC?

Bukit Kepong - let's see, it happened in 1950. It was an attack by the 'communist terrorists' on a British police station...not an independent Malaysian police station. Would that not be in line with some struggle for indepence from the British colonial masters? We may have been supportive for the wrong people - i.e. them 'Malaysians' who chose to serve the British colonial masters as police, and hence helped fight those who were struggling for independence...The potrayal of 'communist terrorists' as being all Chinese is also not true... The producers of that movie has done us a disfavour by attempting to propagate a different picture...

It may be interesting to note that these 'communist terrorists' called themselves Tentera Pembebasan Nasional Malaya (TPNM) [Malayan National Liberation Army] . I recently came across a blog, that is an interesting read..

Rejimen Ke-10 didirikan di Kerdau, Temerloh, Pahang pada 21 Mei 1949.

Abdullah C.D., pengasas Rejimen Ke-10 telah menulis, antara lain, begini: “Rejimen Ke-10 adalah sebuah tentera anak rakyat yang dari komander hingga ke perajuritnya terdiri dari putera-puteri terpuji bangsa Melayu yang berteraskan anggota PKM, PKMM, PETA, BTM dan lain-lain yang telah diharamkan oleh penjajah British.”


(gambar: Abdullah C.D., dirakam pada tahun 1989)


Sebelum itu, kecuali United Malays National Organisation (UMNO), badan-badan lain seperti Parti Kebangsaan Melayu Malaya (PKMM), Angkatan Pemuda Insaf (API), Angkatan Wanita Sedar (AWAS), Pembela Tanah Air (PETA), Barisan Tani Malaya (BTM) dan sebagainya adalah pertubuhan politik Melayu yang berjuang atas hasrat murni untuk memerdekakan Malaya dan melepaskannya daripada belenggu British.

Dan, apabila kesemuanya (kecuali UMNO) diharamkan pada Jun 1948 di bawah apa yang dinamakan ‘Undang-Undang Darurat’, pertubuhan-pertubuhan tersebut terpaksa mengambil jalan perjuangan bersenjata yang bermandi darah.- REJIMEN KE-10: SEJARAH YANG DISEMBUNYIKAN

Why did these 'communist terrorists' continue to fight beyond 31/8/1957 - Why? Maybe they felt that Malaysia had not achieved independence yet - because the change was merely from direct British rule to a British Crony rule? Or the new UMNO-MCA-MIC government was the one who continued it for fear that these 'communist terrorists' had a greater support of the people of Malaya than them - and the only thing to do was to continue that war...

As before, now too many of those who fight for self-determination and independence are labelled 'terrorists' - just look at neighbouring southern Thailand, southern Philipines, and maybe even Sri Lanka...

Maybe, this may explain why UMNO-led BN is still scared to allow Chin Peng to return to Malaysia. No Malaysians should be prevented from returning to his country. If the person has committed crimes, then just charge him, try him and sentence him if he is convicted. Remember there is no limitation period for crime.

Remeber also the NEP - this came about when Tun Razak was Prime Minister, and here again the concern was only 2:- (1) Erradication of Poverty, (2) Restructuring to eliminate identification of race with economic function

The launching of the New Economic Policy (NEP) in 1971 was a watershed in the Malaysian economic policy history. The NEP underscored the importance of achieving socio-economic goals alongside pursuing economic growth objectives as a way of creating harmony and unity in a nation with many ethnic and religious groups. The overriding goal was national unity. To achieve this goal, two major strategies were adopted:

To reduce absolute poverty irrespective of race through raising income levels and increasing employment opportunities for all Malaysians; and

To restructure society to correct economic imbalances so as to reduce and eventually eliminate the identification of race with economic function.Source:Official Website of the Economic Planning Unit of the Prime Minister's Department, MALAYSIA

Again, there was nothing about any 'social contract' and Razak's intention and strategy was good. Subsequently, the purity of purpose may have been tainted by ...

The priority was national unity - and the calling of certain Malaysians 'migrant race' ['kaum pendatang] certainly is not the way forward.

Our roots, as far as being a Malaysian citizen, are irrelevant. We may have come from Indonesia, Thailand, Philipines, India, Pakistan, Sri Lanka, China, Taiwan, Arab states...or are native to the land all matters not today. Today, we stand equal as Malaysians - as one nation.

The re-raising of this disputed 'social contract' seems to yet be another attempt of UMNO to get back the support of Malays - and the implicit call is 'Unite Malays' against these others...The re-raising, unfortunately, has also driven many Malaysians to go back to history and discover the truth..

Sadly, I do not think that Malaysians are gullible anymore - and thankfully UMNO-led BN does no longer control absolutely the sources of information. The coming of the internet age has opened eyes and minds as we get exposed to different opinions and viewpoints not merely with regard to historical facts but also current concerns...

Let us all now move forward as Malaysians - one people one nation.

Erradication of poverty should still be the priority

Equitable distribution of wealth amongst all persons in Malaysia, irrespective of political party affliations (and certainly, no more among ethnic groups) .

Even, if not chapel but a mosque or temple..we will fight to save it...

Fr Jean Claude questioned by police

Published on May 30 , 2009

KUALA LUMPUR: On May 22, Fr Jean-Claude Lourdes, the administrator for the Chapel of St John Triang was called in for questioning at the Triang Police Station. The Triang Chapel is an 83 year old chapel, that the Pahang Government is threatening to demolish.

This instruction allegedly came from the Inspector General of Police (IGP). When he reported at the Police Station at 2.30pm, he was made to wait until 4.00pm before he was questioned by a female officer in plainclothes whom he believes is a member of the Special Branch.

She asked him numerous questions on his family background as well as whether he had a criminal record. Fr Jean-Claude was also asked whether he was involved in any political parties and was he subscribing to any deviant practices.

They also asked him about the talk on Freedom and Religion given by Charles Hector on May 17 after the 4.00pm Mass. The police officer also asked how much he earned as a priest.

She then questioned him on the church collection, how much was the collection, what it is used for and so on. After forty-five minutes, Fr Jean-Claude was allowed to leave.

Fr Jean-Claude shared that even if it was not a Catholic chapel but a mosque or temple built on that land, he would support the cause as it has historical value and is an important landmark for the people of Triang. - Herald, 30/5/2009,

See also earlier posts:-
Mother's citizenship status - what has that got to do with the actions to save the church?
Priest of St John's Chapel, Triang called in for questioning by police [Updated]
Prime Minister, Najib, you can save this chapel in Pahang from destruction...
St John's Chapel, Triang - the Church that needs saving
St John's Chapel, Triang (83 year old) :- Time is running out...
St John's Chapel(over 83 years old) being threathened with 'eviction' - help save this 'little' church

Ah Long - Charge him in court, if not proven he is not a 'ah long', and if so, this maybe 'cover up' to protect some people...mmm

Under the Detention Without Trial laws, sometimes they do detain you in detention places like the Kamunting Detention Centre..

Sometimes, they just come out with a restriction order, that imposes upon you conditions and restrictions, and if you break these conditions, you commit an offence and they charge you in court...

Is this acceptable?
No, it is not because it again goes against the principle of presumption of innocence until proven guilty..
No, it is not because it denies a person his right to a fair and open trial, the right and the ability to defend himself..

Like Detention Orders under the ISA, these restriction orders also are unchallengeable in court as to reasons the Minister made the order. So, innocent people can simply be denied their full liberty and freedoms at the whims and fancies of the Minister..

4A. Restriction orders.

(1) If the Minister is satisfied that for any of the purposes mentioned in section 4(1) it is necessary that control and supervision should be exercised ove any person or that restrictions and conditions should be imposed upon that person in respect of his activities, freedom of movement or places of residence and employment, but that for those purposes it is unnecessary to detain that person, he may make an order (hereinafter referred to as a 'restriction order') imposing upon that person (hereinafter referred to as a 'restricted person') all or any of the following restrictions and conditions:

(a) that he shall be subject to the supervision of the Police for any period not exceeding two years;

(b) that he shall reside within the limits of any State, district, mukim, town or village specified in the restriction order;

(c) that he shall not transfer his residence to any other State, district, mukim, town or village, as the case may be, without the written authority of the Chief Police Officer of any State concerned;

(d) that except in so far as may be otherwise provided by the restriction order, he shall not leave the State, district, mukim, town or village within which he resides without the written authority of the Chief Police Officer of the State concerned;

(e) that he shall at all times keep the Officer in Charge of the Police District in which he resides notified of the house or place in which he resides;

(f) that he shall be liable, at such time or times as may be specified in the restriction order, to present himself at the nearest police station;

(g) that he shall remain within doors or within such area as may be defined in the restriction order, between such hours as may be specified in the restriction order, unless he obtains special permission to he contrary from the Officer in Charge of the Police District;

(h) that except in so far as may be otherwise provided by the restriction order, he shall not enter any State, district, mukim, town or village specified in the restriction order;

(i) that he shall keep the peace and be of good behaviour;

(j) that he shall enter into a bond with or without sureties as the Minister may direct and in such amount as may be specified in the restriction order, for his due compliance with the restrictions and conditions imposed on him by the restriction order.

(2) The restrictions and conditions imposed on any person under sub-section (1) shall, unless cancelled as hereinafter provided, continue in force for the period specified by the Minister under sub-secton (1)(a).

(3) The Minister may from time to time, by order in writing served on a restricted person, vary, add to or cancel any restrictions or conditions imposed upon him under sub-section (1), and the restrictions or conditions as so varied and any additional restrictions or conditions so imposed shall, unless sooner cancelled, continue in force for the period specified by the Minister under subsection (1)(a).

(4) Any restricted person who contravenes or fails to comply with any restriction or condition expressed in his restriction order shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years and not less than two years. - EMERGENCY (PUBLIC ORDER AND PREVENTION OF CRIME) ORDINANCE, 1969

Now, in Johor, the police is going to use in on 'Ah Longs' - i.e. persons they want us to believe are 'ah longs'. Are they really 'ah longs'? I doubt it - because I do not trust our Malaysian police - and further I require that this allegation be proved in court beyond reasonable doubt. After all, if he is, then what is the difficulty of charging him in court. Maybe, because he may reveal how he was 'bribing' some police officer or maybe even some UMNO politician. Iif not, why don't we just charge him in court.

Police are coming down hard on loan sharks in the state and have used preventive laws to deter their activities.

Johor police chief Deputy Comm Datuk Mohd Mokhtar Mohd Shariff said a 28-year-old man was the first to be arrested under the Emergency Ordinance for being involved in such activities.

He said the man, the head of a loan shark syndicate, had been active in Tangkak and Muar, adding that police obtained an order to restrict him in Temelong, Hulu Terengganu, for two years beginning May 26.

“We will come down hard on Ah Longs because they are a nuisance and should not be tolerated,” he said. - Star, 31/5/2009, Johor uses preventive laws to deter loan sharks

Remember that in Malaysia, there are 3 main Detention Without Trial Laws - (a) ISA; (b) Emergency Ordinance [ Emergency (Public Order and Prevention Crime) Ordinance 1969]; and (c) Dangerous Drugs (Special Preventive Measures) Act 1985 (DD(SPM)A).

See earlier postings:-
Another arrested under Detention Without Trial Laws
PR must release immediately all under ISA and Detention Without Trial Laws...

Thus, we must again reiterate the call for the repeal of all Detention Without Trial Laws.

We call again for the immediate and unconditional release of all currently under Detention Orders, and Restriction Orders.

With the release of HINDRAF 3, we saw the attempt to impose Restriction Orders - it was praiseworthy that Uthayakumar publicly refused to agree to any such conditions.

Civil society and all good persons must also shout out against the injustice now befalling these so-called 'Ah Longs' . They may not be prominent persons - but we must still be there for them, who are also victims of Human Rights..

Jaya Supermarket Collapse: 7 Workers dead - Is there a 'cover-up'?

What non-sense...are you telling me that the employer (and/or fellow workers) do not know the names of their own workers? Surely, they have the employment records, etc...

The bodies of all seven workers trapped in the rubble of the collapsed Jaya Supermarket building here have been recovered.

The last three were pulled out yesterday, said Petaling Jaya OCPD Asst Comm Arjunaidi Mohamed.

Final count: The recovery team removing the last body from under the rubble yesterday. The bodies of all seven workers who were trapped after the building collapsed on Thursday have now been found.

However, the final two bodies could not be identified as they were badly crushed. Police will wait for the Indonesian Embassy to help with possible DNA identification, he said.

With the recovery of the seven bodies, the search and recovery operation ended at 5pm.

On Thursday, the five-storey portion of the supermarket building collapsed right to the basement, where the car park was located, during demolition work. - Star, 31/5/2009, Bodies of all seven trapped workers found

DNA identification - I wonder how they are going to do this. Even, in Malaysia, we do not have a DNA database of persons, whereby it would able for us to do DNA identification.

Fingerprints...and Dental Records - that is how identification is made when bodies are crushed beyond identification.

But, again ...surely you know the name of your workers that are missing. I wonder also why the name of the employer of these workers that have been killed are being kept 'secret'.

I worry whether their family/dependents will get their Workmen's Compensation money of maximum RM18,000 (plus the additional compulsory insurance payment of RM7,000)

Or, will there by no pay-out...? I wonder whether the employer registered these workers for Workmen's Compensation, or purchased the requisite for the said workers...

Is the employer being investigated? Was he negligent in not providing the required safety levels and conditions, as required by law. Did the workers have the required safety clothing...equipment?

See also earlier post:- 4 workers dead - Employer? According to law, dependents get RM25K only if...