Thursday, November 26, 2015

MAB - Freedom of Association - Chinese Version 政府所拥有的新设立的马航公司 必须承认全国航空乘务员联合会

政府所拥有的新设立的马航公司
必须承认全国航空乘务员联合会

64个工会与民间组织2015年11月19日联合声明
华文译者:陈华明
华文小标题为《人民之友》编者所加

我们,以下64个联署的职工会,民间社会组织和团体,对马来西亚政府拥有的马来西亚航空有限公司(Malaysian Airline Berhad,以下简称MAB或“有关公司”),在接管经营了原来的马航(Malaysian Airlines)公司之后,拒绝承认马来西亚全国航空乘务员联合会(National Union of Flight Attendants Malaysia,简称 NUFAM)感到震惊。
在马来西亚,一间工会要代表其会员(即公司雇员)跟其会员所服务的公司(即雇主)进行谈判和签订集体谈判协议,必须先要获得其会员所服务的公司(即雇主) 对该工会的承认。马来西亚航空有限公司(MAB)拒绝承认马来西亚全国航空乘务员联合会(以下简称NUFAM或“有关工会”) 反映了马来西亚工人权利特别是在结社自由方面所遭遇的恶劣情况,而结社自由是马来西亚联邦宪法所赋予人民的一项基本权利。
全国航空乘务员联合会要求马航承认工会代表权
NUFAM依照现行法律,于2015年9月11日发出一封函件要求MAB承认工会的代表地位。
1967年工业关系法令第9(3)条文规定“......雇主或雇主公会在接到其雇员要求(雇主)承认对他们的工会的代表权位的信件之后21天内,将决定(a)给予承认;或(b)若不给予承认,则书面通知工会关于雇主不承认工会的代表权位的理由......“
取代MAS的新马航(MAB)的不得体行为
MAB甚至连在21天内回复NUFAM的礼貌都没有,尤其是对一个马来西亚政府所拥有的公司来说,这是不得体行为。
NUFAM根据法律规定,于2015年10月6日提呈书面报告给工业关系总监,以便他(总监)采取步骤或进行调查,以查明在MAB “......关系到代表任何工人或工人阶层的工会的能力“的真相,并且通过秘密投票确定任何工人或工人阶层的比例,关于寻求谁的承认,谁是提出要求的工 会会员。秘密投票结果必须证明有一半以上的合格雇员支持工会,因此,那些没有机会投票的工人当做反对工会。
工业关系总监对NUFAM的请求也不作反应
已经过了40多天,工业关系总监尚未对NUFAM的请求作出反应。 鉴于许多雇员是固定任期的合同员工,有关当局必须采取快速高效的行动来处理问题。 任何耽搁延误都损害工人。
在马来西亚,即使工会通过秘密投票成功证明了他们有一半以上合格雇员的支持,以及部长做了决定雇主必须接受工会的代表权位,一些雇主依然要上法庭挑战这一决定,直接的结果是因工会的代表权位被搁置多年而造成对工人及其工会的损害。
在马航先前由马来西亚航空系统有限公司(Malaysian Airlines Systems ,简称MAS)经营期间,NUFAM在秘密投票中成功获得支持,部长也已决定由MAS承认NUFAM的代表权位。不幸的是,MAS上法庭提起司法复核诉讼 挑战部长的决定,而这个案件至今悬而未决。
破坏工会组织——创建一个新的法律实体(即新的公司)
私营公司已经知道,在过去,设立一个新的独立的法人(即依照有限公司法令成立的公司组织),然后转移现有的公司的资产和业务,到这个新的独立的法人(即新 的有限公司)去,从而将现有的工会组织置于死地 ——强迫工人一切从头开始,重新组织、登记成为新的公司所愿意承认的工会。 这一策略也可以让雇主们用来摆脱工人群众及其领袖们的英勇的反剥削斗争。
令人沮丧的是,马来西亚政府竟然为了维护政府所拥有/或与政府相关联的公司(俗称“政联公司”),正在使用跟以上所述同样一个“破坏工会组织”的策略。
马来西亚航空系统有限公司(即过去的MAS有限公司)是一个约有20,000名员工所操作的马来西亚航空公司。 已经发生的事实是,MAS有限公司显然已将其所有资产和航空业务,转移到一个新创建的独立的法人即马来西亚航空有限公司(MAB),并终止20,000 MAS有限公司员工的服务合约。
MAB,这一间新公司接手经营马航,雇用新员工,其中大约14,000名是前MAS的员工。生存于MAS有限公司之内的所有工会组织就此有效地消除了。
现在,MAB是没有工会组织存在的一间航空公司。
NUFAM可能是寻求MAB承认的第一个工会 ——NUFAM需要MAB的承认,以便更好地代表MAB内的工会会员,以及更好地达致集体谈判协议。
政府中止了涉及MAS有限公司的所有法庭行动
让事情更加恶化的是,马来西亚通过了一项新的法律——2015年马来西亚航空系统有限公司(管理)法令,在其他法令之中,有效地阻止通过法院快速公正审 判。 政府已经中止涉及MAS有限公司的所有法庭行动。 当中止令终于解除之时,可能为时已晚。 公正的拖延,就是正义的否定。
马来西亚职工会法令都是压制性的和反工人的
马来西亚政府通过策略投资基金国库控股(Khazanah Nasional),同时拥有MAS有限公司和这个新的MAB。 因此,正是首相纳吉领导的目前的国阵政府正在承担着破坏工会组织的罪过。MAB拒绝快速承认NUFAM以及可能有的其他工会,可以说是反工人和反工会的行 为。
马来西亚的职工会的法律都是压制性的和反工人的。
我们的四项呼吁
我们呼吁:

  • 作为一间马来西亚人拥有的公司,马来西亚航空有限公司(MAB)立即承认马来西亚全国航空乘务员联合会的代表权位;
  • 马来西亚政府确保所有政府拥有的/或与政府相关联的公司(即政联公司)设定高尚的标准,以尊重马来西亚的工人和工会的权利;
  • 马来西亚立即批准协会国际劳工组织公约第87号结社自由和1948年保护组织权利公约,这是八项基本核心公约之一;
  • 马来西亚立即修改/或废除那些不符合国际标准的职工会法令,尤其是结社自由的法律。

以下64个联署的职工会,民间社会组织和团体:

1、ALIRAN
2、Asia Monitor Resource Centre (AMRC)
3、Association of Maybank Executives
4、BPSLU (Batangas Pier Stevedores and Dockworkers Labor Union), Philippines
5、Center for Trade Union and Human Rights (CTUHR), Philippines
6、Centro De Reflexión Y Acción Laboral (CEREAL), México
7、Clean Clothes Campaign(CCC)
8、Committee for Asian Women (CAW)
9、CBBRC (Crispin B. Beltran Resource Center), Philippines
10、Daeduck Employees Union- Ind. , Philippines
11、Eagle Ridge Employees Union, Philippines
12、Electronic Industry Employees Union (EIEU) Southern Region, Peninsular Malaysia
13、GoodElectronics Network
14、Hyesung Workers Union-Ind., Philippines
15、IDEAL (Institute for Development of Alternative Living)
16、Institut Rakyat
17、Inverclyde Advice and Employment Rights Centre, Scotland
18、Jaringan Kampung Orang Asli Semenanjung Malaysia /JKOASM
19、Jaringan Orang Asal SeMalaysia
20、Jawatankuasa Bertindak Kuala Lumpur Tak Nak Insinerator
21、Kalikasan People's Network for the Environment, Philippines
22、Kesatuan Eksekutif AIROD
23、Kesatuan Eksekutif Canon Opto
24、Kesatuan Pekerja-Pekerja Mitsui Copper Foil(MCFEU)
25、Knowledge and Rights with Young people through Safer Spaces(KRYSS)
26、LINTAS NUSA - Batam Indonesia
27、MADPET (Malaysians Against Death Penalty and Torture)
28、Malaysian Youth and Students' Democratic Movement (DEMA)
29、Malaysia Physicians for Social Responsibility
30、MAP Foundation for the Health and Knowledge of Ethnic Labour, Thailand
31、Migrant CARE
32、Myanmar Migrants Rights Centre
33、Nagkakaisang Manggagawa ng Keyrin Electronics-Ind. , Philippines
34、NAMM(Network of Action for Migrants in Malaysia)
35、National Union Employees in Companies Manufacturing Rubber Products (NUECMRP)
36、National Union of Flight Attendants Malaysia(NUFAM)
37、National Union of Journalist (NUJ) Cawangan Utusan Melayu
38、National Union of Transport Equipment & Allied Industries Workers (NUTEAIW)
39、North South Initiative
40、Paper Products Manufacturing Employees’ Union of Malaysia (PPMEU)
41、Parti Rakyat Malaysia (PRM)
42、Pax Romana ICMICA
43、People & Planet
44、Perak Women for Women Society
45、PERMAS (Persatuan Masyarakat Selangor & Wilayah Persekutuan)
46、Persatuan Kesedaran Komuniti Selangor (EMPOWER)
47、Persatuan Komuniti Prihatin Selangor dan Kuala Lumpur
48、Persatuan Sahabat Wanita Selangor (PSWS)
49、Projek Dialog, Malaysia
50、Sahabat Rakyat 人民之友
51、Samahan ng mga Manggagawa sa Eagle Ridge Golf Course and Residential Estate, Philippines
52、SAVE Rivers
53、Sabah Women's Action Resource Group (SAWO)
54、Selangor and KL Hokkien Association Youth Section
55、Solidarity of Cavite Workers, Philippines
56、Tenaga Nasional Junior Officers Union (TNBJOU)
57、Tenaganita
58、The Alternative ASEAN Network on Burma(Altsean-Burma)
59、Workers Assistance Center, Inc (WAC) , Philippines
60、Workers Hub For Change (WH4C)
61、Yayasan Chow Kit
62、Yayasan LINTAS NUSA - Batam Indonesia
63、Committee For Workers’ International, Malaysia (CWI Malaysia)
64、Cividep, India

Source: Sahabat Rakyat Blog

Proton and Perodua Unions join call on new Malaysian Airlines Operator to stop delaying recognition of Trade Unions

Joint Statement – 19/11/2015(as of  25/11/2015)

Government-Owned MAB, the new Malaysian Airlines Operator, Must Recognize Unions and Not Deny Freedom of Association.

We, the 67 undersigned trade unions, civil society organisations and groups are shocked that Malaysian government owned Malaysian Airline Berhad (MAB), the company that took over Malaysian Airlines, chose to ignore the application for recognition by the National Union of Flight Attendants Malaysia(NUFAM). 

In Malaysia, before a Union can proceed to negotiate and enter into a Collective Bargaining Agreement(CBA), the employer needs to recognize the said Trade Union.  MAB’s failure to immediately recognize NUFAM reflects badly on Malaysia who has the duty to respect worker rights especially the freedom of Association, which is also a right enshrined in the Malaysian Federal Constitution.

In accordance to the existing law, NUFAM applied to MAB for recognition vide a letter dated 11/9/2015.

Section 9(3) Industrial Relations Act 1967 states that, ‘…An employer or a trade union of employers upon whom a claim for recognition has been served shall, within twenty-one days after the service of the claim- (a) accord recognition; or (b) if recognition is not accorded, notify the trade union of workmen concerned in writing the grounds for not according recognition…’

MAB did not even have courtesy of replying to NUFAM within the stipulated 21 days, which can be considered conduct unbecoming especially of a Malaysian government owned company. 

As required by law, vide letter delivered on 6/10/2015, NUFAM then reported the matter in writing to the Director General for Industrial Relations to take such steps or make such enquiries to ascertain the ‘… the competence of the trade union of workmen concerned to represent any workmen or class of workmen…’ in MAB, and to determine ‘…by way of secret ballot, the percentage of the workmen or class of workmen, in respect of whom recognition is being sought, who are members of the trade union of workmen making the claim. The result of the secret ballot must demonstrate that more than 50% of the qualified employees are for the Union, whereby those that never had the opportunity to vote are taken as being against the Union.

More than 40 days has lapsed, and the DG for Industrial Relations has not yet responded to NUFAM. Given that many employees are hired as fixed-term contract employees, speedy efficient action is required by the authorities. Delay prejudices workers.

Even when Unions in Malaysia are successful in demonstrating that they have the support of more than 50% of all qualified employees in a secret ballot, and the Minister decides that recognition is to be accorded by the employer, some employers are challenging this decision in court and as a result rights that come with recognition is put on hold for many years to the detriment of workers and their union. 


When the Malaysian Airlines was previously operated by Malaysian Airlines Systems Berhad(MAS Bhd), NUFAM succeeded at  the secret ballot and the Minister decided that NUFAM is recognized by MAS Bhd. Unfortunately, MAS Bhd commenced a Judicial Review action in court challenging the Minister’s decision, and this case is still pending.

Union Busting – Creating a New Legal Entity

Private sector companies have been known to in the past form a new separate legal entity, and then transfer assets and business from the existing company to this new entity, thereby killing existing unions – forcing workers to start all over again to form, register and get recognition of unions in the new entity. This strategy is also used to get rid of worker leaders and workers brave enough to fight exploitation.

It is disappointing that the Malaysian government is using a similar ‘union busting’ strategy for government owned and/or government-linked companies (GLCs). 

Malaysian Airlines Systems Berhad(MAS Bhd) was the company running the Malaysian Airlines with about 20,000 employees. What was done was that MAS Bhd apparently transferred their assets and the airline business to a newly created separate legal entity, Malaysian Airlines Berhad(MAB), and terminated  about 20,000 MAS Bhd Employees. 
MAB, the new company that took over the Malaysian Airlines, employed new employees, amongst them some 14,000 ex-MAS Bhd employees. All the in-house trade unions that existed in MAS Bhd were effectively killed.

Now, MAB is free of trade unions. 

NUFAM may be the first union that is seeking recognition from MAB – whereby recognition is needed to better represent their worker members in MAB and to enter into a Collective Bargaining Agreement.

Moratorium on all court action involving MAS Bhd
To make matters worse, Malaysia passed a new law – Malaysian Airline System Berhad (Administration) Act 2015, which amongst others, effectively prevented speedy access to justice through the courts. A moratorium was put in place preventing court actions involving MAS Bhd from proceedings. When the moratorium is finally lifted, it would likely be too late. Justice delayed is justice denied.

Malaysian Government Owns The Old And New Company

Malaysian government, vide its strategic investment fund Khazanah Nasional, owns both MAS Bhd and this new MAB. Hence, it is the current Barisan Nasional government under Prime Minister Najib Tun Razak that is now possibly guilty of union busting. The denial of speedy recognition of NUFAM and possibly other unions by the new Malaysian Airline Berhad(MAB) can be said to be anti-worker and anti-trade union conduct.

Malaysian Trade Union Laws are oppressive and anti-worker.

WE CALL FOR

-          The Immediate recognition by Malaysian Airline Berhad(MAB), a Malaysian owned company, of National Union of Flight Attendants Malaysia(NUFAM);


-          The Malaysian government to ensure that all government owned and/or government-linked companies(GLCs) set the highest standards when it comes to respecting worker and trade union rights in Malaysia;


-          That Malaysia immediately ratifies ILO Convention No. 87 Freedom of Association and Protection of the Right to Organise Convention, 1948, which is one of 8 fundamental core conventions;


-          That Malaysia immediately amend and/or repeal trade union laws that are not compliant with international standards especially freedom of association. 

Charles Hector
Mohd Roszeli bin Majid
Pranom Somwong


For and on behalf the 67 organisations, trade unions and groups listed below

ALIRAN
Asia Monitor Resource Centre (AMRC)
Association of Maybank Executives
BPSLU (Batangas Pier Stevedores and Dockworkers Labor Union), Philippines
Center for Trade Union and Human Rights (CTUHR), Philippines
Centro De Reflexión Y Acción Laboral (CEREAL), México
Clean Clothes Campaign(CCC)
Committee for Asian Women (CAW)
CBBRC (Crispin B. Beltran Resource Center), Philippines
Daeduck Employees Union- Ind. , Philippines

Eagle Ridge Employees Union, Philippines
Electronic Industry Employees Union (EIEU) Southern Region, Peninsular Malaysia
GoodElectronics Network
Hyesung Workers Union-Ind., Philippines
IDEAL Institute for Development of Alternative Living
Institut Rakyat
Inverclyde Advice and Employment Rights Centre, Scotland
Jaringan Kampung Orang Asli Semenanjung Malaysia /JKOASM
Jaringan Orang Asal SeMalaysia
Jawatankuasa Bertindak Kuala Lumpur Tak Nak Insinerator

Kalikasan People's Network for the Environment, Philippines
Kesatuan Eksekutif AIROD
Kesatuan Eksekutif Canon Opto
Kesatuan Pekerja-Pekerja Mitsui Copper Foil(MCFEU)
Knowledge and Rights with Young people through Safer Spaces(KRYSS)
LINTAS NUSA - Batam Indonesia
MADPET (Malaysians Against Death Penalty and Torture)
Malaysian Youth and Students' Democratic Movement (DEMA)\
Malaysia Physicians for Social Responsibility
MAP Foundation for the Health and Knowledge of Ethnic Labour, Thailand

Migrant CARE
Myanmar Migrants Rights Centre
Nagkakaisang Manggagawa ng Keyrin Electronics-Ind. , Philippines
NAMM(Network of Action for Migrants in Malaysia)
National Union Employees in Companies Manufacturing Rubber Products (NUECMRP)
National Union of Flight Attendants Malaysia(NUFAM)
National Union of Journalist (NUJ) Cawangan Utusan Melayu
National Union of Transport Equipment & Allied Industries Workers (NUTEAIW)
North South Initiative
Paper Products Manufacturing Employees’ Union of Malaysia (PPMEU)

Parti Rakyat Malaysia(PRM)
Pax Romana ICMICA
People & Planet
Perak Women for Women Society
PERMAS (Persatuan Masyarakat Selangor & Wilayah Persekutuan)
Persatuan Kesedaran Komuniti Selangor (EMPOWER)
Persatuan Komuniti Prihatin Selangor dan Kuala Lumpur
Persatuan Sahabat Wanita Selangor (PSWS)
Projek Dialog, Malaysia
Sahabat Rakyat 人民之友

Samahan ng mga Manggagawa sa Eagle Ridge Golf Course and Residential Estate, Philippines
SAVE Rivers
SAWO (Sabah Women's Action Resource Group)
Selangor and KL Hokkien Association Youth Section
Solidarity of Cavite Workers, Philippines
Tenaga Nasional Junior Officers Union (TNBJOU)
Tenaganita
The Alternative ASEAN Network on Burma(Altsean-Burma)
Workers Assistance Center, Inc (WAC) , Philippines
WH4C (Workers Hub For Change)

Yayasan Chow Kit
Yayasan LINTAS NUSA - Batam Indonesia
CWI Malaysia (Committee For Workers’ International)
Cividep, India 

Kesatuan Pekerja-Pekerja Dalam Perkhidmatan Perubatan Dan Kesihatan Swasta
Kesatuan Pekerja-pekerja Perodua EngineManufacturing Sdn. Bhd
Kesatuan Pekerja-Pekerja Perusahaan Otomobil Nasional Sdn Bhd (KPP Proton)

Note: When issued to the media, there was 62 groups. 2 more endorsement received later.
# 3 more Malaysian Unions make it 67

COWGATE, National Feedlot Corporation, Sharizat (UMNO Wanita Chief), Mohd Salleh CBT charges dropped?

For me, the important issue is that it must be a principle that 'NO government projects should be given to any sitting Minister and/or their family members or friends" - to avoid the perception of abuse of power, favoritism, etc.. In fact, this principle should be extended to elected people's representatives of governing parties as well.

Second, the need for an OPEN TENDER for all government projects - and, of course, the process of evaluating and awarding of the project must be seen as independent and fair. 

Third, when projects are awarded, and monies and/or land made available - there must be very strict guidelines as to how it should be spend. [In fact, limits should be placed on wages/allowances of CEO, Upper Management and Directors (after all, this is the way some people bleed companies dry by paying sometimes a CEO millions per month, etc). All government projects must be continuously monitored - best through Parliamentary Committees. Auditor only tells us that 'milk has been spilled' - we need ongoing monitoring. 

Now, in 2012, all that seem to have been done was the charging of then Minister (UMNO Wanita leader)'s husband for CBT and other offenses. This was a family run company, so father took money to buy condominium - CBT? If the owners and Board of Directors OK with it - what CBT? 

Who got the project? the Loan? the Land? - The Company or individuals personally? 

Why was the company that was awarded the project not penalized? Or was it? Was it part of the agreement that if you did not meet the target, agreement will be terminated and company and directors personally will all be fined? What did the agreement say?

Someone joked saying that this withdrawal of charge maybe because Najib needs support now within UMNO - doubtful?


Anyway, what is this so-called 'COWGATE' issue all about? Well, I perused the internet and after studying several news reports, this is what I pieced together.. 

* This was a Malaysian government project... RM73.64 million government project

 * There was allegedly no OPEN Tender - but several companies were invited to place their bids - apparently 6 companies. 

* The company that was successful in the bid was a company associated with a then sitting  Malaysian Minister - later to be known as  National Feedlot Corporation Sdn Bhd (NFCorp). 

* The government allegedly provided NFCorp  allegedly 5,000 acres and a 'soft loan' of RM250 million. 

*The 2010 Auditor-General’s Report showed that the National Feedlot Centre (NFC) set up in 2008 in Gemas, Negri Sembilan failed to hit its target of breeding 8,000 cattle. Under the 9th Malaysia Plan, the centre is expected to produce 60,000 cattle by 2015. “An audit check found production in 2010 was only at 3,289 heads of cattle or 41.1 per cent,” 

* Thereafter, allegations of using money to buy condominiums, etc cropped up...

* MACC starts investigation - hand over to police - police say nothing wrong - Hishamuddin assures investigation will continue -  Shahrizat takes leave from her official duties to make way for the MACC's probe on whether or not she had any involvement in the NFCorp issue.- Najib confirms that the NFC's assets are frozen to assist into investigations - police submit to AG for action - AG says investigate further... {See the chronology by asiaone below]

*Then,  National Feedlot Corporation Sdn Bhd (NFCorp) executive chairman Datuk Seri Dr Mohamad Salleh Ismail was charges in court. {Nothing much after that about the investigation on Sharizat or the Company....that I saw]

* AND Now, all charges are dropped? No trial started ...not over, and suddenly AG says 'discharge not amounting to acquittal'(DNAA) ...and then the judge acquitted. [If acquitted, then he cannot be charged with the same charge - that is why usually DNAA so that if prosecution later manages to get more evidence, etc, prosecution has the option to charge again...]. DNAA does not mean 'not guilty' - just that the prosecution do not want to proceed now - usually insufficient evidence or maybe some evidence no more usable, etc...

Below, several news reports from now and before - 2012 too.

NFCorp chairman Salleh freed of RM49.7 million CBT charges






NFCorp executive chairman Datuk Seri Dr Mohamad Salleh Ismail is a free man after his acquittal of criminal breach of trust. – The Malaysian Insider file pic, November 24, 2015.NFCorp executive chairman Datuk Seri Dr Mohamad Salleh Ismail is a free man after his acquittal of criminal breach of trust. – The Malaysian Insider file pic, November 24, 2015. 
 


National Feedlot Corporation Sdn Bhd (NFCorp) executive chairman Datuk Seri Dr Mohamad Salleh Ismail was today acquitted of two charges of criminal breach of trust (CBT) involving RM49.7 million.

Kuala Lumpur Sessions Court judge Norsharidah Awang granted Salleh the acquittal after lawyer Tan Sri Muhammad Shafee Abdullah and deputy public prosecutor Syed Faisal Syed Amir met in her chambers.

The judge did not give the reason for her decision.

Earlier, Syed Faisal told the court that Attorney-General Tan Sri Mohamed Apandi Ali had consented to give Salleh a discharge not amounting to an acquittal following a letter of representation sent to the Attorney-General’s Chambers in September. 
 
Shafee said his client should be freed because of special circumstances of the case, and that an acquittal should be given since the trial had started.

The judge then met Shafee and Syed Faisal in chambers.

Salleh, 66, who is also a director of NFCorp, was charged with misappropriating RM9.76 million last year by way of four cheques from NFCorp funds to finance the purchase of two condominium units at the One Menerung complex in Kuala Lumpur.
 
He allegedly committed the offence between December 1 and 4, 2009, at the CIMB Islamic Bank Bhd in Jalan Burhanuddin Helmi, Taman Tun Dr Ismail.
 
He was also charged with committing a similar offence by transferring RM40 million by way of a cheque, between May 6 and November 16, 2009, to the account of the National Meat & Livestock Corporation Sdn Bhd, which he and one of his children own.
 
Salleh also faces two other charges relating to using company funds without the approval of an annual general meeting to make part payment for the condominium units.
 
He had gone to the High Court and Court of Appeal to strike out the charge but failed.

In September, Shafee wrote a letter of representation to the Attorney-General's Chambers to withdraw the charges. – November 24, 2015.
 

 

NFC chair acquitted of CBT in condo purchase case


Bernama     Published     Updated     
National Feedlot Corporation Sdn Bhd (NFC) executive chairperson Mohamad Salleh Ismail was today acquitted of four charges involving RM49.7 million.

Sessions Court Judge Norsharidah Awang made the decision after granting the application by counsel Muhammad Shafee Abdullah for Mohamad Salleh to be given a full acquittal.

“We pray for an order of acquittal and not a discharge not amounting to acquittal (DNAA) because all the charges are hanging over his head,” counsel had submitted.

Earlier, deputy public prosecutor Syed Faisal Syed Amir informed the court that the prosecution was withdrawing the charges against Mohamad Salleh under Section 254 of the Criminal Procedure Code.

He said the Attorney-General’s Chambers (AGC) made the decision after studying the letter of representation submitted by the lawyer on Nov 4.

On March 12, 2012, Mohamad Salleh, 66, who is also NFC director, claimed trial to misappropriating RM9,758,140 through four NFC cheques to fund part of the purchase of two condominiums at One Menerung complex in Kuala Lumpur.

Mohamad Salleh was accused of committing the offences at CIMB Islamic Bank Bhd in Jalan Burhanuddin Helmi, Taman Tun Dr Ismail, between Dec 1 and Dec 4, 2009.

He also claimed trial to transferring RM40 million through an NFC cheque into the account of National Meat & Livestock Corporation Sdn Bhd, a company which he and one of his children owned, between May 6 and Nov 16, 2009.

He further pleaded not guilty to two counts of using company funds without obtaining prior approval at NFC’s annual general meeting, to fund part of the purchase of the condominiums.

The trial commenced on June 23, 2014 with the prosecution calling its first witness.

However, trial was adjourned after the counsel submitted a letter of representation to the AGC for the charges to be withdrawn.

On Aug 28, the Court of Appeal dismissed Mohamad Salleh’s appeal against the High Court and Sessions Court’s decisions to reject his application for the charges to be dropped, and ordered the case to recommence at the Sessions Court.

Meanwhile after the proceedings today, Mohamad Salleh’s wife, Shahrizat Abdul Jalil who is also Umno Wanita chief, was seen coming over and giving him a hug.

“Thanks to Allah for making this justice and fair. Allah is kind,” he said.

NFC scandal: Shahrizat’s husband charged

Teoh El Sen
 | March 12, 2012
The NFCorp chairman has pleaded not guilty to all the four charges under the Penal Code and Companies Act.

KUALA LUMPUR: National Feedlot Corporation (NFCorp) chairman Mohamad Salleh Ismail was today charged at the Jalan Duta Sessions Court here in connection with the National Feedlot Centre (NFC) controversy.

Mohamad Salleh, 64, was slapped with four separate charges – two counts under Section 409 of the Penal Code for criminal breach of trust and another two counts under the Companies Act – involving the alleged misuse of almost RM50 million.

Looking calm in a suit, Mohamad Salleh, the husband of Women, Family and Community Development Minister Shahrizat Abdul Jalil, smiled and shook hands in the packed courtroom. He later pleaded not guilty to all four charges when they were read out to him.

The first charge was that Mohamad Salleh, as a director of NFCorp entrusted with the assets of the company in a CIMB Islamic Bank Bhd account in Taman Tun Dr Ismail, had committed criminal breach of trust when he dishonestly misappropriated RM9,758,140 (about 9.7 million) as a partial payment for two units of the One Menerung luxury condominum for the National Meat & Livestock Corporation Sdn Bhd.

He had allegedly committed the offence via four cheques between Dec 1 and 4 in 2009. This charge falls under Section 409 of the Penal Code.

The second charge was that he had made the same purchase of the two units in One Menerung without the permission of the company’s annual general meeting and had obtained direct profits. This charge comes under Section 132(2)(a) of the Companies Act.

Mohamad Salleh’s third charge read that he had committed criminal breach of trust when he dishonestly misappropriated a sum of RM40 million when he transferred the amount into the account belonging to National Meat & Lifestock Corporation between May 6 and 8, 2008. This came under Section 409.

“The fourth charge was that he had, without the permission through the general meeting of the company, obtained a direct profit from the RM40 million and therefore violated Section 132(2)(a) of the Companies Act.”

Under Section 409, Mohamad Salleh faces a jail term of between two and 20 years, caning and can also be fined if convicted. He can also be jailed five years and fined up to RM30,000 for each charge under the Companies Act.

Sessions judge SM Komathy Suppiah fixed bail at RM500,000 with one surety for all charges. Case mention will be on April 13.

Shahrizat was seen in the court but ignored reporters when asked to comment.

The National Meat & Lifestock Corporation is an associated company of NFCorp. Its directors are all from Shahrizat’s family as well.

Judge ‘curious’ about bail
The prosecution was led by the Attorney-General’s Chambers head of commercial crime deputy public prosecutor (DPP) Dzulkifli Ahmad, and he was assisted by DPP Awang Amardajaya Awang Mahmud and DPP Nur Azimul Azmi.

Mohamad Salleh was represented by Badrulmunir Bukhari, Redza Abdullah, Y Sheelan and Wan Azmir Wan Majid. His lead defence counsel, Muhammad Shafee Abdullah, was not present as he was overseas.

Seeking a lower bail of RM100,000 earlier, Badrulmunir said that Mohamad Salleh had given his full cooperation throughout investigations and there was no risk of him fleeing.

“He is here to clear his name. There is no flight risk, no worry of him escaping or fleeing from justice,” he said.

The prosecution then confirmed that Mohamad Salleh had been cooperative and did not doubt that he would not run away. Dzulkifli said that he did not object to the bail amount being reduced.

However, Komathy, who said that she was “curious” why the prosecution did not seek a higher bail, remained firm.

“While there is no objection, we have had cases where we set a higher bail even when it involved a lower amount. To ensure there is no disparity, the bail will be RM500,000 with one surety on the condition that his passport is surrendered. Otherwise, there might be all kinds of allegations against this court,” she added.




Mohamad Salleh’s eldest son and NFCorp CEO Wan Shahinur Izmir, 32, stood as bailor for his father. His other two children – Izran and Izzana Fatimah – both directors in NFCorp were absent from court.

The NFC project has been embroiled in controversy since October last year.

The 2010 Auditor-General’s report revealed that the RM250-million cattle breeding project failed to fulfil the objectives of its formation, which was to reduce beef imports.

The opposition, particularly PKR, blew the lid on the scandal with a series of exposé linking Shahrizat to allegations of abusing state funds meant for the project.

NFCorp had been accused of misusing millions from the RM250 million government soft loan to purchase high-class condominiums, premium land and a luxury car as well as expenses unrelated to cattle farming.

Police had been investigating if NFCorp had committed criminal breach of trust, and the Malaysian Anti-Corruption Commission (MACC), too, is looking into the possibility of “abuse of power” in the corporation.

Shahrizat, who has been facing pressure from all sides to quit, yesterday announced that she will step down as minister when her term as a senator ends on April 8.

She would, however, stay on as Umno Wanita chief. - FMT News, 12/3/2012



Audit finds minister’s family made mess of national cattle farming project





KUALA LUMPUR, Oct 25 — A RM73.64 million government project — linked to minister Datuk Seri Shahrizat Abdul Jalil’s family — to create Malaysia’s “Beef Valley” has turned into a mess, a federal audit report said.

The Auditor-General’s Report, released yesterday, showed that the National Feedlot Centre (NFC) set up in 2008 in Gemas, Negri Sembilan failed to hit its target of breeding 8,000 cattle last year.
 
Under the 9th Malaysia Plan, the centre is expected to produce 60,000 cattle by 2015.

An audit check found production in 2010 was only at 3,289 heads of cattle or 41.1 per cent,” the report said. The audit was conducted between January and March this year.

Among the reasons cited were the NFC corporation’s poor management including its failure to train 130 farmers for the project, the 5,000-acre farmland in Gemas being overgrown with thorny acacia shrubs, and poor use and maintenance of its facilities.

Auditor-General Tan Sri Ambrin Buang also said the ministry’s initial main operator, Lamberts Agricultural Trade (M) Sdn Bhd, had backed out of the project, a move that contributed to the dismal performance.

The NFC is a joint-venture between Negri Sembilan and federal government through the Ministry of Agriculture and Agro-based Industry (MoA) to commercially produce more beef domestically and cut down import of the meat.

Previous media reports showed the MoA picked a company called Agroscience Industries Sdn Bhd, owned by Shahrizat’s husband, Datuk Dr Mohamad Salleh Ismail, to spearhead the project, under a company called National Feedlot Corporation Sdn Bhd (NFCorp).

Mohamad Salleh is also NFCorp’s executive chairman.

Shahrizat’s (picture) three children, Izran, Izmir and Izzana, also play key roles in the NFCorp, the Malay Mail reported on June 24 this year. Izran is CEO while his brother and sister are executive directors.

The family-controlled beef project is marketed under the label “Gemas Gold” and can be found on the menus of several family-owned restaurants in the Klang Valley.

The audit report also found NFCorp did not finalise the standard operating procedure or implementation agreement in 2010.

It noted NFCorp claimed it could not do so because the government has yet to build an abattoir capable of slaughtering 350 heads of cattle a day.

The audit report said the Treasury completed a study on the slaughterhouse on April 5 this year to be presented to Prime Minister Datuk Seri Najib Razak.

The audit report noted that two factories related to the project have yet to be built, namely the livestock feed factory that was part of the pilot project under the entrepreneur development programme, and a bio-gas factory to process waste from the abattoir and the feedlot into fuel for the farm.

The report stressed infrastructure upkeep as the most important factor for the project’s success and recommended the MoA devise a “Blue Ocean” strategy to boost its cattle breeding production to meet the original 60,000 target by 2015.
 
- See more at: http://www.themalaysianinsider.com/malaysia/article/audit-finds-ministers-family-made-mess-of-national-cattle-farming-project#sthash.H2JmPgPe.dpuf

The NFCorp issue a chronology of events

2011

Oct 24 - The Auditor-General's 2010 highlighted the National Feedlot Centre (NFCorp)'s failure to achieve its target of 8,000 heads of cattle that year. The RM74 million (S$30.8 million) centre in Gemas, Negri Sembilan only achieved 3,289 heads of cattle or 41 per cent of the target.

Nov 1 - PKR piles the pressure on Shahrizat, demanding that she explain claims of financial mismanagement and corruption in the NFCorp, run by her husband and two of their children.

Nov 15 - The MACC hand over investigations into the alleged multi-million ringgit purchase of a luxury condominium in Bangsar by the NFCorp to the police.

Nov 16 - NFCorp executive director Wan Shahinur Wan Salleh said they had used nearly RM600,000 of its funds to pay for credit card expenses, but pointed out that they were corporate cards used for "business development purposes"

Nov 18 - NFCorp executive chairman Datuk Dr Mohamad Salleh Ismail denied claims that the project was in a mess, claiming they are on track to produce 60,000 heads of cattle by 2015. Salleh also justified the purchase of two luxury condominiums costing RM6.9 million each, saying the investment would generate an annual yield of some RM900,000 or a 12.9 per cent return of investment rate.

Nov 19 - Inspector-General of Police Tan Sri Ismail Omar said Bukit Aman had started a probe into the NFCorp

Nov 29 - Shahrizat brushes aside calls for her to quit over her family's involvement in the NFC
scandal, saying that it had nothing to do with her.

Dec 1 - PKR unveil more allegations of financial misappropriation by the NFCorp, claiming that the company ought a luxury car, two plots of land and paid for holiday packages using part of its RM250 million Government soft loan.

Deputy Inspector-General of Police Datuk Seri Khalid Abu Bakar however announces that they found no elements of criminal breach of trust or misappropriation in their ongoing investigation into the NFCorp

Dec 3 - Home Minister Datuk Seri Hishammuddin Tun Hussein says the probe into the NFC would continue, regardless of the police's preliminary findings that there were no elements of criminal breach of trust.

Dec 6 - Police say the NFC's purchase of two RM6.9 million luxury condominiums was kosher as they were registered under a corporate firm and not in the names of individuals.

Dec 24 - The MACC raid the NFC office in Mont Kiara, taking several envelopes filled with documents and a computer, believed to be linked to the various claims levied against the company.

2012

Jan 3 - Shahrizat denies having tendered her resignation, amidst speculation that she had handed over her resignation letter to Prime Minister Datuk Seri Najib Tun Razak over

Jan 13 - Shahrizat takes leave from her official duties to make way for the MACC's probe on whether or not she had any involvement in the NFCorp issue.

Jan 15 - Najib confirms that the NFC's assets are frozen to assist into investigations over alleged misappropriation

Jan 16 - Police conclude their probe into the NFCorp, and present their findings to the Attorney-General for further action.

Jan 19 - Deputy Prime Minister Tan Sri Muhyiddin Yassin announces the Government's decision to appoint an accounting firm to carry out a due diligence and project audit on the NFCorp.

Jan 20 - Shahrizat files a RM100 million suit against PKR Ampang MP Zuraidah Kamaruddin and strategic director Rafizi Ramli for defamation in connection with the NFCorp issue

Jan 26 - Auditor-General Tan Sri Ambrin Buang clarifies his department's 2010 report on the NFC, saying that they highlighted weaknesses in implementation of the project - but never mentioned anything on misappropriation of funds.

Feb 8 - The police resubmit their investigation papers on the NFCorp to the Attorney-General's Chambers and are awaiting orders on the next course of action, after beefing up their findings at the request of the Attorney-General.

Mar 3 - The Attorney-General returns the police's investigation papers on the NFC yet again, ordering the men in blue to carry out further investigations.

Mar 8 - Police reveal they are probing a RM1.7 million apartment cum office purchase by the NFCorp in Khazakhstan, believed to have been made after the company signed an agreement to help the Khazakhstan government breed cattle. - AsiaOne News, 12/3/2012

- See more at: http://news.asiaone.com/News/AsiaOne+News/Malaysia/Story/A1Story20120312-332845.html#sthash.04GIWWBL.dpuf

Tuesday, November 24, 2015

New operator MAB must recognise unions (Malaysiakini)

New operator MAB must recognise unions


Charles Hector, Mohd Roszeli Majid & Pranom Somwong, on behalf of 62 unions and groups     Published     Updated     0


We, the 62 undersigned trade unions, civil society organisations and groups are shocked that Malaysian government-owned Malaysian Airline Berhad (MAB), the company that took over Malaysian Airlines, chose to ignore the application for recognition by the National Union of Flight Attendants Malaysia (Nufam).

In Malaysia, before a union can proceed to negotiate and enter into a collective bargaining agreement (CBA), the employer needs to recognise the said trade union. MAB’s failure to immediately recognise Nufam reflects badly on Malaysia who has the duty to respect worker rights especially the freedom of association, which is also a right enshrined in the Malaysian federal constitution.

In accordance to the existing law, Nufam applied to MAB for recognition vide a letter dated Sept 11, 2015.
Section 9(3) Industrial Relations Act 1967 states that, ‘...An employer or a trade union of employers upon whom a claim for recognition has been served shall, within twenty-one days after the service of the claim - (a) accord recognition; or (b) if recognition is not accorded, notify the trade union of workmen concerned in writing the grounds for not according recognition...’

MAB did not even have the courtesy of replying to Nufam within the stipulated 21 days, which can be considered conduct unbecoming especially of a Malaysian government-owned company.

As required by law, vide letter delivered on Oct 6, 2015, Nufam then reported the matter in writing to the director-general for Industrial Relations to take such steps or make such enquiries to ascertain the “... the competence of the trade union of workmen concerned to represent any workmen or class of workmen...” in MAB, and to determine “...by way of secret ballot, the percentage of the workmen or class of workmen, in respect of whom recognition is being sought, who are members of the trade union of workmen making the claim.

“The result of the secret ballot must demonstrate that more than 50 percent of the qualified employees are for the union, whereby those that never had the opportunity to vote are taken as being against the union.”

More than 40 days has lapsed, and the DG for Industrial Relations has not yet responded to Nufam. Given that many employees are hired as fixed-term contract employees, speedy efficient action is required by the authorities. Delay prejudices workers.

Even when unions in Malaysia are successful in demonstrating that they have the support of more than 50 percent of all qualified employees in a secret ballot, and the minister decides that recognition is to be accorded by the employer, some employers are challenging this decision in court and as a result rights that come with recognition is put on hold for many years to the detriment of workers and their union.

When the Malaysian Airlines was previously operated by Malaysian Airlines Systems Berhad (MAS Bhd), Nufam succeeded at the secret ballot and the minister decided that Nufam is recognised by MAS Bhd. 

Unfortunately, MAS Bhd commenced a judicial review action in court challenging the minister’s decision, and this case is still pending.

Union busting - creating a new legal entity

Private sector companies have been known to in the past form a new separate legal entity, and then transfer assets and business from the existing company to this new entity, thereby killing existing unions - forcing workers to start all over again to form, register and get recognition of unions in the new entity. This strategy is also used to get rid of worker leaders and workers brave enough to fight exploitation.

It is disappointing that the Malaysian government is using a similar ‘union busting’ strategy for government owned and/or government-linked companies (GLCs).

Malaysian Airlines Systems Berhad (MAS Bhd) was the company running the Malaysian Airlines with about 20,000 employees. What was done was that MAS Bhd apparently transferred their assets and the airline business to a newly created separate legal entity, Malaysian Airlines Berhad (MAB), and terminated about 20,000 MAS Bhd Employees.

MAB, the new company that took over the Malaysian Airlines, employed new employees, amongst them some 14,000 ex-MAS Bhd employees. All the in-house trade unions that existed in MAS Bhd were effectively killed.

Now, MAB is free of trade unions.

Nufam may be the first union that is seeking recognition from MAB - whereby recognition is needed to better represent their worker members in MAB and to enter into a collective bargaining agreement.

Moratorium on all court action involving MAS Bhd

To make matters worse, Malaysia passed a new law - Malaysian Airline System Berhad (Administration) Act 2015, which amongst others, effectively prevented speedy access to justice through the courts. A moratorium was put in place preventing court actions involving MAS Bhd from proceedings. When the moratorium is finally lifted, it would likely be too late. Justice delayed is justice denied.

Malaysian gov’t owns the old and new company

The Malaysian government, vide its strategic investment fund Khazanah Nasional, owns both MAS Bhd and this new MAB. Hence, it is the current Barisan Nasional government under Prime Minister Najib Abdul Razak that is now possibly guilty of union busting. The denial of speedy recognition of Nufam and possibly other unions by the new Malaysian Airline Berhad (MAB) can be said to be anti-worker and anti-trade union conduct.

Malaysian trade union laws are oppressive and anti-worker.

WE URGE
  • The Immediate recognition by Malaysian Airline Berhad (MAB), a Malaysian owned company, of National Union of Flight Attendants Malaysia (Nufam);
  • The Malaysian government to ensure that all government owned and/or government-linked companies(GLCs) set the highest standards when it comes to respecting worker and trade union rights in Malaysia;
  • That Malaysia immediately ratifies ILO Convention No 87 Freedom of Association and Protection of the Right to Organise Convention, 1948, which is one of eight fundamental core conventions;
  • That Malaysia immediately amend and/or repeal trade union laws that are not compliant with international standards especially freedom of association.
For and on behalf the 62 organisations, trade unions and groups listed below

Aliran
Asia Monitor Resource Centre (AMRC)
Association of Maybank Executives
BPSLU (Batangas Pier Stevedores and Dockworkers Labor Union), Philippines
Center for Trade Union and Human Rights (CTUHR), Philippines
Centro De Reflexión Y Acción Laboral (CEREAL), México
Clean Clothes Campaign (CCC)
Committee for Asian Women (CAW)
CBBRC (Crispin B Beltran Resource Center), Philippines
Daeduck Employees Union-Ind, Philippines
Eagle Ridge Employees Union, Philippines
Electronic Industry Employees Union (EIEU) Southern Region, Peninsular Malaysia
GoodElectronics Network
Hyesung Workers Union-Ind, Philippines
IDEAL (Institute for Development of Alternative Living)
Institut Rakyat
Inverclyde Advice and Employment Rights Centre, Scotland
Jaringan Kampung Orang Asli Semenanjung Malaysia /JKOASM
Jaringan Orang Asal SeMalaysia
Jawatankuasa Bertindak Kuala Lumpur Tak Nak Insinerator
Kalikasan People's Network for the Environment, Philippines
Kesatuan Eksekutif AIROD
Kesatuan Eksekutif Canon Opto
Kesatuan Pekerja-Pekerja Mitsui Copper Foil (MCFEU)
Knowledge and Rights with Young people through Safer Spaces (KRYSS)
LINTAS NUSA - Batam Indonesia
Madpet (Malaysians Against Death Penalty and Torture)
Malaysian Youth and Students' Democratic Movement (Dema)
Malaysia Physicians for Social Responsibility
MAP Foundation for the Health and Knowledge of Ethnic Labour, Thailand
Migrant CARE
Myanmar Migrants Rights Centre
Nagkakaisang Manggagawa ng Keyrin Electronics-Ind, Philippines
NAMM (Network of Action for Migrants in Malaysia)
National Union Employees in Companies Manufacturing Rubber Products (NUECMRP)
National Union of Flight Attendants Malaysia (Nufam)
National Union of Journalist (NUJ) Cawangan Utusan Melayu
National Union of Transport Equipment & Allied Industries Workers (NUTEAIW)
North South Initiative
Paper Products Manufacturing Employees’ Union of Malaysia (PPMEU)
Parti Rakyat Malaysia (PRM)
Pax Romana ICMICA
People & Planet
Perak Women for Women Society
Permas (Persatuan Masyarakat Selangor & Wilayah Persekutuan)
Persatuan Kesedaran Komuniti Selangor (Empower)
Persatuan Komuniti Prihatin Selangor dan Kuala Lumpur
Persatuan Sahabat Wanita Selangor (PSWS)
Projek Dialog, Malaysia
Sahabat Rakyat
Samahan ng mga Manggagawa sa Eagle Ridge Golf Course and Residential Estate, Philippines
Save Rivers
Sawo (Sabah Women's Action Resource Group)
Selangor and KL Hokkien Association Youth Section
Solidarity of Cavite Workers, Philippines
Tenaga Nasional Junior Officers Union (TNBJOU)
Tenaganita
The Alternative Asean Network on Burma (Altsean-Burma)
Workers Assistance Center, Inc (WAC) , Philippines
WH4C (Workers Hub For Change)
Yayasan Chow Kit
Yayasan Lintas Nusa - Batam Indonesia

SOSMA, Khairuddin and Chang , BAIL RM10,000

Security Offences (Special Measures) Act 2012 - well, this Act provides for 'special measures' that could be used when it comes to cases where persons are being arrested, detained or tried under certain 'Security Offences".

So what are these "Security Offences"? Well, SOSMA in one of its Schedules sets out a list of these offences which are really offences under the Penal Code, and other Acts.

Does that mean that any time a person is arrested or charged under the 'listed Security Offences', SOSMA automatically comes into play? 

Who decides when SOSMA measures could be used? The police...the public prosecutor...{Maybe an order of a High Court Judge should be obtained first...}

'Special Measures'  in SOSMA - use all or just use what is really needed? With ESCAR[Essential Security Cases Regulations] in the past, from my experience, the prosecution only used  the 'measures' that were justifiably needed - preferring rather to use the more just normal procedures at other times...What about SOSMA? 

BAIL - should that ever be denied? Remember, bail is also available for people charged with murder in some cases. It is wrong for Parliament through a Law to deny bail - this is something which must be left to the judges. Noting also that a person is presumed innocent until proven guilty.

Bail - can always come with conditions, including restrictions of travel. Bail to be granted or not should be left to the discretion of the court. The object of BAIL is one - that is to ensure that the accused turns up in court on the day of his/her case. 

Of course, today it seems that some judges are confused - and see Bail as a means to 'PUNISH' - so we have very high bail sums being set... For the rich not a problem - but for the poor, it is a problem > it may mean the family being more indebted, houses/land sold off, etc.. [In a country, where the minimum wage is RM900, Bail should be no more than 2 times a person's monthly income or less for the poor. Bail money gets stuck in court...and remember the accused also needs monies for his/her defence... so, setting a high bail also means affecting one's right of defence.

The section that deals with Bail is SOSMA is a joke - Why is special preference given with regard to bail to women, young persons, and the 'sick''?

The use of the word 'shall' also makes it mandatory - better is the word 'will' , and maybe more conditions be placed for when bail may not be granted - not merely 'charged with a security offence'. This recent SOSMA case highlights just this problem...Surely someone who just made a lot of police reports do not deserve to be denied bail....compared maybe to some other who had bombed or shot many people...

(1) Bail shall not be granted to a person who has been charged with a security offence.
(2) Notwithstanding subsection (1)-
(a) a person below the age of eighteen years;
(b) a woman; or
(c) a sick or an infirm person,
charged with a security offence, other than an offence under Chapter VIA of the Penal Code [Act 574] and the Special Measures Against Terrorism in Foreign Countries Act 2015 [Act 770], may be released on bail subject to an application by the Public Prosecutor that the person be attached with an electronic monitoring device in accordance with the Criminal Procedure Code.
Reporters and the media can sometimes confuse us. What does the heading 'Khairuddin and Chang cannot be charged under Sosma...' mean? 

We really must wait for the written judgment of this case to understand what really happened



November 18, 2015 MYT 9:36:08 PM

Khairuddin and Chang cannot be charged under Sosma, given bail


KUALA LUMPUR: The High Court has ruled that Datuk Seri Khairuddin Abu Hassan and his lawyer Matthias Chang cannot be charged under the Security Offences (Special Measures) Act 2012 over alleged sabotage of financial services.

They were also granted bail of RM10,000 each but ordered them to surrender their passports.

Following this decision, Justice Mohd Azman Husin ordered the case to be transferred back to the Sessions Court for trial.

Attorney General Tan Sri Mohamed Apandi Ali said he would appeal the ruling in the Court of Appeal.
Chang and Khairuddin, the former Batu Kawan Umno division vice-chairman were charged on Oct 12 with attempting to sabotage Malaysia's banking and financial services in several places overseas.

Magistrate Siti Radziah Kamarudin had on Oct 23 transferred the matter to the High Court.
Khairuddin and Chang allegedly committed the offence at five locations from June 28 to Aug 26, this year.

Both face a maximum of 15 years' jail under Section 124L of the Penal Code (Act 547) read together with Section 34 of the same Act upon conviction.

The locations are the office of the France Economic and Financial Crimes Division chief in Paris; Charing Cross Police station, London, United Kingdom; office of the Switzerland Attorney General in Bern; WaiChan Police station, Hongkong and Cantonment Police Headquarters, Singapore.

On Nov 3, the Federal Court ordered the High Court to decide if Chang and Khairuddin could be tried under Sosma.-[ Star, 18/11/2015

Related:-
 

OPPRESSIVE LAWS: Repeal SOSMA & offences criminalizing activities ‘detrimental' democracy’ - MADPET (Malaysia Chronicle)

Sosma cannot bypass normal procedures, safeguards, rights (FMT News)

Suhakam/National Human Rights Commission:-: Don't use Sosma to stifle political expression