Archive for November, 2012

30
Nov
12

The system is broken


The glaring truth is this – the system is really broken. If it’s not, how come we as the rakyat, do not feel as if our leaders will defend and protect us. Read rare earth, nuclear power, dams, gold mine, the list goes on.

The system is really broken. We expect the government to be responsible and not rob the rakyat of their expectations. We expect to see justice. Many have died in custody, humans being trafficked, blue-blooded Malaysians not accorded their inherent rights, selective persecution; need I say the list goes on?

The system is really broken. Corrupted leaders proudly declaring they are not alone in their wrongdoings with some going as far as to say, their ill-gotten ends are theirs for the taking. Luxury corrupts wisdom, no?

The system is really broken. The constitution, principally regarded as the highest law in the land, especially when the land is touted as a democracy, is hijacked now and then when it suits the perpetrators well. I have no name to call my God?

How can the system not be broken when usurpers become “kings”? When the powers-that-be are so afraid to reform our electoral system, to allow for free and fair elections? To be rightfully and legally elected.

How can the system not be broken when we see a policeman and fear for our lives? When we are further humiliated by being charged in court after being beaten black and blue by those who swore under oath to protect us?

How can the system not be broken when a witness dies during interrogation? To rub salt into wound, tales concocted are not even fit to insult the village idiot!

How can the system not be broken when every time a leader opens his mouth, we become a laughing stock? Where did all those credible, competent and intelligent Malaysians go? How come we have clowns that are not even funny to direct our destiny?

You know what? It’s best we chuck this broken system. Let’s put in place one where we can firmly place our trust in. One that can respond to present realities. One that will and can do what’s right for king and country: and the rakyat, of course! One that’s worthy of humankind, where food and dignity are given to all.

Elections are coming. At the rate the EC is going, at least from what we can see (no prize for guessing what we cannot see), the only way we can neutralize the evil out there is to discharge our responsibility as the electorate. Let’s come out and vote, each and every one of us who’s rightfully entitled.

We cannot complain about the status quo without seeing that both the oppressed and oppressors carry the weight of sin. We, yes, we, allowed them (the oppressors) to go this far. We have to put a stop to all that’s not right in this land of ours. Let’s chuck the prevailing system out. Let’s put a stop to a system that can damage our very being.

You know what’s Malaysia’s jewel in the crown? Her rakyat. Yes, the common folk; you are Malaysia’s greatest asset. I’ve seen with my own eyes how you great folks rally around issues close to our hearts, the latest being the Anti-Lynas 13-day walk. I was there at the Dataran Merdeka where, once again my faith in you, my brothers and sisters, was reaffirmed.

Among the things I heard and saw, was this group of Malay guys, where one of them said, “Tak kan-lah kita mau balik sekarang. Kan dia orang dah berjalan 13 hari?” How apt. If a group of conscientious Malaysians can walk for 13 days, bearing blisters and all, for a safe Malaysia, can’t we just come out and vote?

Let’s come out and vote in a system that will, once again, do justice to Malaysia’s jewel in the crown – her rakyat. Thank you and God bless.

…more
The system is broken
May Chee
November 29, 2012 – FMT LETTER

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30
Nov
12

Law is not profit-making enterprise

NOV 13 – Many things have been said on Automated Enforcement System ( AES ). As it stands now, AES apparently produces more queries than answers. It is no wonder that even the Umno Youth have jumped into the bandwagon asking the government to halt the implementation of the system. Despite several responses by the Transport Minister hitherto AES has been riddled with many unanswered questions.

As far as I am concerned AES contravenes the law. It is against the bedrock of criminal law. AES is closely tied with criminal system as it is part and parcel of the enforcement of traffic offences. AES in itself is innocent until off course the private companies are dragged in the enforcement of such a system.

The criminal law system is purely a State’s business. It is not driven by any profit-making considerations. That has been the universal principle of criminal law until the BN government seeks to alter it.

By allowing and endorsing two private companies namely ATES Sdn Bhd dan Beta Tegap Sdn Bhd to participate in the enforcement of traffic law, the Government has in fact introduced a new conflict in criminal law. With the participation of these two private firms, the criminal law is no more functioning as deterring or reforming mechanism. Quite the reverse, it is now entering a new realm or a prohibited zone that is a profit-making enterprise. That surely is the fastest way to destroy the whole fabric of such a law.

In criminal law the State, with all its machinery at its disposal, is entrusted as the sole agent to enforce the law. Thus, if the people pay the traffic summons such money will go directly to the State coffers. Interestingly the people’s money via summons will ultimately return to the people. That is how it works. Money come from people will come back to the people. AES, in its present form, disrupts the flow cycles of people’s money.

In collecting the summons the State is not concerned with profits let alone the distribution of wealth to any shareholders. In fact the people are the shareholders of the State.

When the private companies are roped in in the enforcement of law via AES, the summons (read people’s money) are no longer solely enjoyed by the State. The fruits of the summons are now distributed equally between the two sharing partners.

Such a distribution has major impact to the state coffers as substantial part of the summons also go to such private companies. The fact that the companies, unlike State, are able to fully enjoy such money without any obligation whatsoever to return the usufruct of such money to the people lies the problem of AES.

Being the main players of AES these two firms will definitely involve in any decision-making process with the State in the enforcement of AES. As they are driven primarily by profit-making nothing would surprise us if they would involve in any endeavour to see as many as possible the issuance of summons to the lawbreakers. After all their profits hinge on the issuance of the summons.

Who would be happier than ATES Sdn Bhd dan Beta Tegap Sdn Bhd when the government passed the new amendments to the traffic laws recently. The new law which removes the discretion of the police and the court and in turn imposes the minimum penalties of RM300 for any single summons issued against the law breaker has tremendous impact to the ordinary people on the street.

…more
Law is not profit-making enterprise – Mohamed Hanipa Maidin
November 13, 2012 – TMI

29
Nov
12

Misplaced priorities – A Picture is Worth a Thousand Words

Misplaced Priorities
(courtesy: Zunar)

29
Nov
12

Labis is where MCA’s haunted past may cause a GE13 disaster

The next general election is expected to be the closest fight to form the new Malaysian government. And several seats across the nation are likely to be heated battles with the slimmest of majorities. The Malaysian Insider takes a look at some of these hot seats in what will be an intense election for control of Malaysia.

JOHOR BARU, Nov 10 — Labis feels like an island, secluded and quiet with nary a sound from the hustle and bustle one would expect to see in a constituency held for six terms by two prominent MCA stars — former president Tun Dr Ling Liong Sik and current chief Datuk Seri Dr Chua Soi Lek.

Like its name, which some historians believe was derived from “labi-labi” or river terrapins, the daily pace here is almost tortoise-like; slow and sleepy.

Most of its residents work in rubber estates or oil palm plantations, while the others are petty traders, government servants or merely passing through to the busier parts of Johor.

Here, one can neither hear the buzz of industries nor see white plumes of smoke polluting the skies as the nearest factory is miles and miles away.

After 7pm, buses no longer ply the town’s roads — rarely do passengers get off at this stop, anyway.

“Labis becomes a remote area after 7pm… a dead sea. The irony of it all… Ling Liong Sik was the transport minister when he held the Labis seat,” local resident S. Madhavan remarked recently when met in the evening of a characteristically quiet Monday in this sleepy hollow.

Dr Ling held the Labis seat from 1986 to 2003.
Sixty-three-year-old Tey Koh Hout, offering a toothless grin, had the same to say.

“MCA… they are all the same, aren’t they? They have big-shot government posts and they forget who gave them the opportunity,” he told this news portal.

“There is so much anger with the MCA… sometimes, they are so angry that people cannot even remember why they are angry. But they know for certain that they want a change,” said Tan Chin Guan, a local DAP leader.

“The Labis people get slaughtered in so many ways… but many do not even know, they are so innocent.

“But today, some have leapt off the fence… they say they want to try something new,” former Education Ministry officer G. Krishnabagwan said.

…more
Labis is where MCA’s haunted past may cause a GE13 disaster
By Clara Chooi
November 10, 2012 – TMI

29
Nov
12

At the crossroads of change

During a recent coffee break discussion, a senior corporate man complained about a local councillor in a town under the Pakatan Rakyat government. According to him, this councillor is “corrupt and has a big mouth.”

As if waiting for a defensive response from me, he added: “And he is a Pakatan man.”

While it is true that there are more good people in Pakatan and a change in federal government will see a smoother and cleaner administration, that is not the main reason why we would seek a Pakatan Rakyat government in the next general election.

The main reason why we want a change in government is to see the restoration of the various institutions of government so that a government will do just that – govern without the vested interest of any particular person or party.

The various branches of government must be independent to exercise checks and balances, the executive, parliament the police and the judiciary.

This has to be the first main task of the Pakatan government as this would mean a functioning government.

No matter how good a person is, power and money corrupts and without independent checks and balances, it won’t be long before the Pakatan government becomes like the incorrigible BN government.

The second reason is for the return of power to the rakyat. By voting in the Pakatan government we, the rakyat are saying, we have the power and the authority as Malaysian citizens to ensure that the government of the day performs for the good of the entire nation.

Choice is power! Having two possible suitors for the position of government will ensure that healthy competition exists for the benefit of the rakyat.

For over five decades, BN’s strategy has always been to divide us as a people, whether in Sarawak or Selangor, so that we will continue to vote according to our ethnicity and not as Malaysians. This strategy is proving to be a failure as we run up to the next general election.

The third and most critical reason is the scarcity of resources.

Malaysia, although historically rich in human capital and natural resources, have seen a wanton abuse of such resources.

They have not been equitably and fairly distributed nor have they been well managed.

For various reasons mostly economic, Malaysia has seen a bleeding of human capital to neighbouring countries and even western countries.

Young Malaysians are not trained well to face the demands and challenges of a new world.

As far as natural resources, namely oil, they will not last forever. Abusing Petronas for government projects wreaked with leakages is not the best use of our limited resources.

This is our children’s future and spending it today carelessly is throwing their future away.

We must do something today and never before has this urgent call been so loud and clear.

At the end, I told my little audience of three, even if the personalities within Pakatan are not appealing to you, change is what we need for the simple reasons outlined and more.

To say we are at a crossroads has become a cliche but never has it been more true and pressing for our nation.

…more
At the crossroads of change
Yee Siew Meng
Nov 12, 2012 – Malaysiakini Letters

28
Nov
12

‘Penans asked for clinics, they got dams’

The Sarawak government took away their forest and land to build dams but left the community in Sungai Asap with ‘chicken feeds and crumbs’, claims an assemblyman.

KUCHING: The government has failed to look after the needs of more than 10,000 people who were resettled in Sungai Asap as a result of being displaced by the Bakun Dam.

Said Sarawak PKR chief Baru Bian: “It’s shocking… there is no public toilet in Sungai Asap despite the fact that there are markets and shops. I was shocked when told about this.

“I asked an elderly woman who was selling vegetables where I could pee. She told me that since there is no public toilet, I could pee in the bush.

“She warned me that I might step on someone’s urine or human waste.”

Bian, who is Ba’Kelalan assemblyman, was also stumped at the sight of 17 Penan families staying in a chicken coop belonging to one Tajang Laing.

“When I asked them why they were here, they told me that they have to send their children to school in Bakun, some three hours ride from Sungai Asap.

“That is the nearest school. No wonder there are so many kids running around and not going to school.

“The government has failed to plan properly about what should have been done following the construction of mega dams such as Bakun, Murum and Baleh,” he said.

He pointed out that the government had got the best out of the people, taking away their land, forest and flooding the whole area in the name of national interest but left the victims with with “chicken feeds and crumbs”.

“The Penans asked for schools, the government gave them oil palm plantations, and when they asked for clinics, the government gave them dams.

“I think the government has completely neglected the people,” he said after chairing the state leadership committee meeting.

…more
‘Penans asked for clinics, they got dams’
Joseph Tawie
November 12, 2012 – FMT

28
Nov
12

Hong Kong willing to re-open RM40m case

Chief prosecutor Kevin Zervos says the only thing needed is fresh evidence.

EXCLUSIVE

PETALING JAYA: Hong Kong’s chief public prosecutor today expressed his willingness to re-open the case involving the controversial RM40 million that the Malaysian government claims was a “political donation” to Sabah Umno.

Kevin Zervos, Hong Kong’s Director of Public Prosecutions, told FMT that his office would require fresh evidence to revisit the case.

He added that his office and the Independent Commission Against Corruption (ICAC) would welcome information from anyone.

“In relation to this case, it was more of a jurisdictional matter,” he said. “Material that was obtained from Malaysia was that it was political donations. If anything comes up now to show that this wasn’t the case, the matter would definitely be looked into.”

Any additional information or evidence should be brought to the ICAC’s attention, he added.

Referring to the earlier investigation, he said the money “was claimed to be political donations. We didn’t have additional evidence that was forthcoming that would enable us to deal with it.”

He declined to comment when asked whether he meant that the Malaysian side was not cooperative in the investigations.

Earlier, in an email to FMT, Zervos confirmed that funds in bank accounts in the name of a Malaysian national were suspected to have been held on behalf of a Malaysian government official.

He said Hong Kong authorities withheld the funds towards the end of 2008 while the ICAC and the Malaysian Anti-Corruption Commission (MACC) conducted a joint investigation.

The investigations looked into suspected breaches of Hong Kong’s Prevention of Bribery Ordinance.

“Later in the investigation, information was supplied from Malaysia that the monies under restraint were political donations,” Zervos said. “As no further information or evidence was forthcoming with respect to the nature of the monies, there was insufficient evidence at that stage to take the case further.

“Accordingly, the restraint of the monies was lifted towards the end of 2011.”

Asked if he would consider the case closed, Zervos said the question was for the ICAC to answer.

He declined to comment when asked if he thought the investigation was adequate, or if there was anything to substantiate the claim that the funds were political donations.

On whether his office had the authority to call for further evidence, Zervos explained that in Hong Kong the prosecutors would guide enforcement authorities but would not take charge of investigations.

However, he said he was open to being questioned further, adding: “I firmly believe in being accountable. That’s a policy we have in Hong Kong. When we make a decision about a matter, we explain it.”

Rafizi’s Hong Kong visit

Asked for his thoughts about PKR strategy director Rafizi Ramli’s plan to travel to Hong Kong tomorrow, Zervos said: “I’ve made it very clear that if there is any further information or evidence that would assist us, of course the authorities here would receive and evaluate it and deal with it accordingly.”

…more
Hong Kong willing to re-open RM40m case
Teoh El Sen
November 20, 2012 – FMT




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Felda - A picture is worth a thousand words
How the 1MDB Scandal Spread Across the World (WSJ)
We cannot afford ridiculously expensive RM55 Billion ECRL!
All that is necessary
for the triumph of evil
is for good men
to do nothing.

- Edmund Burke
When the people
fears their government,
there is TYRANNY;
when the government
fears the people,
there is LIBERTY.

- Thomas Jefferson
Do you hear the people sing?

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