Monday, May 24, 2010

Dead teen’s mother demands probe on police

http://www.myfareast.org/Malaysia/images/JohorStateFlag.jpgA woman today asked that an independent commission be set up to investigate the fatal shooting of her son by police on October 20 last year after he was believed to be involved in snatch thefts.

Sapiah Elah, 52, from Simpang Waha Felda, Kota Tinggi, said the authority had still not carried out a thorough investigation nor explained the fatal shooting of her son, Mohd Afham Arin, 18, although the incident happened seven months ago.

“I’m not satisfied as police also tried to bluff me by saying that my son was still alive when I arrived at the Seri Alam police station when he was already dead after being shot at by police in the early hours of Sept 20.

“I am also disappointed that I had to wait long to meet the Johor CID chief over the incident and to claim my son’s body from the Sultanah Aminah Hospital,” she said at a press conference arranged by Johor Suara Rakyat Malaysia (Suaram), here, today.

Sapiah claimed that Mohd Afham who was riding the motorcycle with 19-year-old Mohd Firdaus Marsani as pillion rider, was a good son and had no previous criminal record.

She urged the Home Ministry to view the incident seriously and hoped that an independent commission of inquiry could clear her son’s name as he was alleged by police to have been involved in 25 robbery cases.

Mohd Firdaus who also demanded justice in the case, refuted the police allegation that he had waved a machete at the policemen, thus forcing the policemen to shoot at them in self-defence.

He related that he and Mohd Afham were chased by three men on motorcycles in Taman Johor Jaya after having dinner.

He said that out of fear, as the three men were in plainclothes and did not show their authority cards, Mohd Afham sped off towards Pasir Gudang with the three men giving chase.

“On reaching a corner near the bridge on the route to Seri Alam, I heard a gunshot from behind followed by two more shots which caused us to fall from the motorcycle,” recalled Mohd Firdaus who managed to flee the scene after falling into some bushes.

He claimed that the death of Mohd Afham who was a student of the Ledang Community College and was undergoing training in Larkin, here, was due to police negligence.

Mohd Firdaus said that in January he gave a statement to the police on the incident but until today had not received any feedback from them. — Bernama

BAKUN DAM, TO BE ANOTHER WHITE ELEPHANT?

THE whole 15 Billion Ringgit Bakun dam project (Supposed to produce 2400 M w) was conceived by corrupt Mahathir to steal the 10 Billion ringgit worth of Timber from the Chief Minister of Sarawak Taib Mahmud who ‘owns’ all the Timber in Sarawak .



The timber from the forest the size of Singapore (otherwise would be extracted by the CM) is now stolen by Mahathir as Bakun is a federal project. Mahathir asked his favorite crony Ting Pek King to extract the Timber. Ting Pek King subcontracts the extraction to Hii Cham Pee who underreported the volume extracted thereby ‘cheating’ Ting. Mr.Hii subsequently had a high profile court case with Ting. That is another story.

Now Bakun can provide enough electricity to supply Sarawak ’s need 4 times over. Yet Taib Mahmud wants to build another dam Murun. Why? Taib’s company CMS is producing the cement! And he also controls and profit from the steel imports! Now Sarawak electrical company Sesco is now privatized and owned by the CM Taib and his ministers who call it Sarawak Synergy Bhd.

Taib does not want to buy the electricity from Bakun because of his Timber 10 billion worth was ‘stolen’ by Mahathir, therefore he wanted to build another 900 M v Murun dam upstream from Bakun costing 5 billion (1/3 the size of Bakun) Now Murun is 10% completed and need more funds which international banks will not lend to Taib’s company Sarawak Synergy because it is privately owned by Taib and his cabinet.

So Taib now wants to reverse ‘privatize’ the Sarawak synergy company after striping the assets to the government of Sarawak and then obtain loans from foreigners. So they say Rio Tinto an Australian co is interested to use the Bakun electricity which is not true. Then they say a Chinese co maybe keen. This is a lie as the federal groups now realize Bakun is becoming a white elephant.

Now the 600 mile cable from Bakun to west Malaysia has to pass 70% of the way near few islands owned by Indonesia and only 30% of the way is Malaysia owned. So Indonesia has not given permission and is also not keen on to buy Bakun electricity as it cannot afford.

There is not a single company in the world who can make a 600 mile long cable. The electricity loss would be tremendous. (80 %?) and the earth quakes would break the cable. Sabotage and damage due to ships anchors and other passing ships have to be factored in.

I would not be surprised Bakun will produce electricity in few years time but remain a white elephant–much to the credit of the reckless and corrupt PM Mahathir with many stupid ideas and corrupted CM of Sarawak Taib Mahmud who is reputed to be one of the richest men on earth.

MALAYSIAN OBSERVE!

Next Election Remember!

Guan Eng: Azhar an Ungrateful Person

Penang Chief Minister Lim Guan Eng today labelled Penang Regional Development Authority (Perda) chairman Datuk Azhar Ibrahim an ungrateful person for faulting the state government over flash floods at a housing project in Kuala Sungai Pinang, Teluk Bahang, here.

He said the state government had gone out of its way to facilitate the project, which is being undertaken by Perda.

"However, since he (Azhar) is faulting the state government for the flash floods, henceforth we will be very firm on this," he told reporters after opening the state-level Hepatitis Day, here. -MD




Yesterday, Azhar, who is also Opposition leader in Penang, had lambasted Lim for issuing a stop-work order on the project on the grounds that the flash floods were due to improper drainage.

Azhar further claimed that the works were being carried out according to plans approved by the Penang Municipal Council and Drainage and Irrigation Department, which Lim said the state government would be studying before lifting the stop work orders.

The project involves the building of low-cost units which will be sold at RM38,000 each upon completion.

Saturday, May 22, 2010

Pakatan rally to prove Kedah’s stability

The Kedah Pakatan Rakyat government will make an attempt to prove its solidarity tonight by calling on all three of its PKR assemblymen to speak at its mammoth rally in Alor Setar.

Kedah Mentri Besar Datuk Seri Azizan Abdul Razak said the gathering in Kota Sarang Semut near capital Alor Star should quash all talk that it would be hit by a spate of PKR defections that would cause it to topple.

“All those who are supposedly going to defect will be there — all my three PKR assemblyman.

“They will be speaking to the people to dispel talk of their possible defections,” he told The Malaysian Insider when contacted by phone.

Azizan reiterated that he had no plans to dissolve the Kedah assembly, not even if two assemblymen defected.

His words goes against his earlier statement that he would dissolve the assembly at the slightest indication that one of his men were about to leave.

“Why should I? We still have the majority. We can still govern the state even if they leave,” he said confidently.

He acknowledged that he had already received many “indications” of the purported defections but said they were merely malicious rumours spread by “troublemakers”.

“The question is whether those indications are true or not. Some people have even said that the consent of the Sultan has already been sought for the Barisan Nasional to form the state government but can we believe them?” he said.

In the recent days, talk was rife that more PKR defections would soon follow, particularly in Kedah due to the small seat-majority between the BN and PR assemblymen.

PR holds 20 seats in the 36-seat assembly with PAS holding 16, PKR three and DAP one, while the BN has 14.

The assembly’s two independents Radzhi Salleh (Lunas) and Tan Wei Shu (Bakar Arang) are, however, said to be pro-BN.

The High Court had ordered the Election Commission to call a by-election for the Kota Siputeh state seat in Kedah after the assemblyman Datuk Abu Hasan Sarif twice went AWOL from the state legislative assembly meetings.

The decision is currently being appealed by the EC.

If PR loses three more assemblymen from the assembly, BN’s seat number would shoot to 17, with the support of the two independents while the PR would only have 17 assemblymen.

“But still, don’t forget about the Kota Siputeh seat. The status of that seat is still in question,” Azizan reminded.

When contacted, PKR assemblyman Lim Soon Nee confirmed with The Malaysian Insider that he would be speaking at the rally.

“Whatever I need to explain to the people will be said tomorrow night,” he said yesterday, confidently adding that he would not leave PKR.

A PKR source had named Lim as one of the possible defectors from PKR as he was a close friend of Tan.

PKR’s other two assemblymen Tan Chow Kang (Sidam) and S. Manikumar (Bukit Selambau) had already both denied there was any rift in the PR and assured The Malaysian Insider that they were loyal to their party when contacted earlier.

“I am tired. I think I have spoken about this issue more than 50 times. I have many times denied but people still ask when the issue is brought up,” Tan told The Malaysian Insider.

“I want to close the file, I don’t want to talk about this issue anymore. They invite me for this event, so I will use the gathering to explain and I hope people will know my stand ... and not raise the issue again,” he said.

DAP’s sole assemblyman Lee Guan Aik (Kota Darul Aman) had also agreed with his colleagues and insisted that the Kedah PR government was very strong.

“There may be some problems in the PKR but I do not think it will come to that level. I believe this is just the work of our opponents who are plotting to create this sense of uneasiness in hopes of destroying us,” he had reportedly said. -TMI

Friday, May 21, 2010

BN’S INTERNAL QUARREL REFLECTS ITS INSTABILITY

THE recent hot issue on Sabah and Sarawak will not be the ‘Fixed Deposit’ for BN, and this was raised by the LDP Vice President Datuk Chin Su Phin concerning and over other various matters within the Barisan Nasional was refuted by many BN component leaders who think Chin is totally wrong and his statement cannot be accepted. The BN components do share his view and termed his view as anti-BN.

Today, many statements were issued by LDP leaders which included their Youth chief and Women chief to protect and stand together with Chin. They said that they are not against the BN but merely do not agree with some of the leaders, and further to highlight the various issues like poor hospital services, uncompleted railway system, delayed flyover construction in Tanjong Aru, illegal immigrant, power woes, long delay in the KKIA runway project etc..


The wanita chief also hit back on Datuk Tham Nyap Sing, the previous CM technical advisor by saying that why he did not helped to solve the problem on power cuts and shortages all these while, especially he was an employee of Sabah Electricity Board and a deputy president of the then BN-SAPP.

Dr. Hiew King Cheu the Sabah DAP chief commented on the matter by saying that it is true that the BN’s ‘fixed deposits’ in Sabah and Sarawak is diminishing at a very fast rates and it is no longer secured.

The statement from Datuk Chin already served as a strong warning and a reminder to the BN components, but his kind gesture had been refuted with cannon bomb shells fired from the components. This reflected the elegance and blinded attitudes of the BN not to accept criticism even from their counterpart.

Dr. Hiew said he admires people like Datuk Chin Su Phin and others like him who dare to speak out especially on matters that is affecting the interest of the Sabahan and Sarawakian as a whole. This is good leadership by example, who has no fear to speak out, why these people choose to be silent?

The cases like the billion ringgit money laundering which was put out in the open now, and some names were mentioned and the investigation by MACC is in progress, why all of them (BN) kept total silence, as if the case had been swept underneath the carpet.

Sabah DAP welcome those good people in BN to join DAP to work towards a new government in order their voices can be heard, and their views be recognized and put into full use. We need to build up a strong team and a genuine team for the people in order to bring about “Save Sabah, Save Malaysia”.

-Sabahkini

Monday, May 17, 2010

DAP takes Sibu

The DAP pulled off a surprise win in the Sibu by-election today, defeating Barisan Nasional’s (BN) SUPP by 398 votes in a hard fought race.

DAP’s Wong Ho Leng polled 18,845 votes compared to BN candidate Robert Lau’s 18,447 votes.

The margin of victory was just a little more than the 395 spoilt votes. The independent candidate garnered 232 votes.

“Thank you Sibu. Thank you Malaysia. One small step in winning Sibu, one giant step to winning Putrajaya, “ Wong said after he was declared the winner.

BN had earlier been expected to retain its Sarawak stronghold but lost despite the best efforts of Prime Minister Datuk Seri Najib Razak.

The Sibu vote is seen as a bellwether for the Sarawak state elections which must be called by next year.

Asked by reporters today what he thought today’s result would mean for impending state polls, Wong said “Sarawak is ready for change.”

DAP is the biggest opposition party in Sarawak and is expected to put up a serious challenge in the next state polls.

Today’s result is also significant in that Pakatan Rakyat (PR) has snapped a streak of successive defeats to BN in recent by-elections.

The count now is 8-3 in favour of PR in terms of wins in by-elections held since Election 2008.

Today’s result is also a setback for Najib who had personally campaigned for BN and had placed his own reputation on the line.

Najib has been counting on Sabah and Sarawak as BN’s fixed deposit, but today’s result shows a major swing from 2008 when BN won the seat by more than 3,000 votes.

Today’s result also raises two thorny issues — how to deal with the Tan Sri Taib Mahmud factor and whether to push for state polls which sources say had been slated for October this year.

Taib, who has been at the helm for more than two decades now, was absent from most of the Sibu campaign because BN had anticipated DAP attacks against his leadership.

The white-haired chief minister known as “pek moh” among Chinese voters has been heavily criticised for alleged abuse of power.

He has to call state elections by next year and Najib and BN had been hoping a resounding win would provide the ruling coalition the momentum needed to go into the next general elections.

The victorious Wong called his win tonight a miracle.

“It is a miracle we have created together. For those who did not vote for me I now want to be your friend,” he said. -TMI

Saturday, May 15, 2010

Kit Siang says Najib's RM15 m goodies in Sibu not enough

DAP leader Lim Kit Siang said the RM15 million given by prime minister Najib Razak to Chinese schools in Sibu was hardly enough, especially when compared to RM77 million paid to secure a meeting with US president Barack Obama and the writing-off of RM320 billion-worth of oil to Brunei recently.



Najib was in Sibu on Wednesday to campaign for the Barisan Nasional in the by-election this Sunday. At a gathering of some 1,000 Chinese educationists and school teachers, he presented financial allocations of RM15 million for 65 Chinese primary schools and five independent Chinese secondary schools in Sibu.

"This means that the five independent Chinese secondary schools gets RM1 million each while the 65 Chinese primary schools will get RM153,846 each.

"The people of Sibu are thankful for Najib’s RM15 million for Chinese schools in Sibu but the Prime Minister should be reminded that it should be at least RM30 million if not RM150 million cheques," said Lim.

Lim reminded that funding from the government to all schools was a citizens’ right, "not a gift from the government, as the government funds are derived from the people’s taxes."

Saying government funding for schools to institutionalized rather than personalized and timed for by-elections, he called on Najib to give an undertaking that the RM15 million allocation will be channelled anually.

He however said the figure should be higher, as Chinese schools in Sibu had contributed to the nation by producing highly-qualified human resources, "many of whom are forced to leave Sibu and even go overseas to find a living".

"What the Federal Government should allocate annually should be in the region of RM1 million for each Chinese primary school and RM2 million for each independent Chinese secondary school – which will work out to RM65 million for Sibu’s Chinese primary schools and RM10 million for the five Sibu independent Chinese secondary schools, i.e. RM75 million. For two years of Najib’s premiership, this will work out to RM150 million," said Lim. -Harakah

The politics of booze and kampua mee

Coupled with lurid details of Anwar Ibrahim’s purportedly unlawful sexual preferences to illustrate the perforations in Pakatan Rakyat’s facade, Barisan Nasional seems to think it’s got it made for the country’s 11th and hopefully final, by-election.

It is sad and frankly quite pathetic to see that we have regressed to using such petty frivolities as means to win a by-election in a reasonably mature democracy.



It started with booze in Hulu Selangor and moved on to a local noodle dish called ‘Kampua Mee’ in Sibu.

Coupled with lurid details of Anwar Ibrahim’s purportedly unlawful sexual preferences to illustrate the perforations in Pakatan Rakyat’s facade, Barisan Nasional seems to think it’s got it made for the country’s 11th and hopefully final, by-election.

It is sad and frankly quite pathetic to see that we have regressed to using such petty frivolities as means to win a by-election in a reasonably mature democracy.

How much inroad did the BN really make when it called PKR’s Datuk Zaid Ibrahim an alcoholic during the April 25 Hulu Selangor by-election?

Does a person’s preference for a few swigs off a bottle truly mirror his ability to serve a constituency?

While alcohol was used as campaign fodder to stave off the Muslim voters’ confidence in the PR, today, the BN has chosen another little gimmick to protect its five term-held Sibu fort — the township’s signature Foochow kampua mee dish.

A huge billboard erected by the SUPP camp at the Brooke roundabout in Sibu shows a picture of the noodle dish with a little caption in Chinese characters.


DAP candidate Wong having Kampua mee with his family. - Picture by Jack Ooi
The message they seek to disseminate is simple, albeit a tad dubious: Kampua Mee will not taste the same if one changes its recipe. Vote for BN to retain its orginal flavour.
In simpler, more explanatory terms, BN has returned to stone-age politics by hoping to instil fear in the Chinese by saying that a vote the DAP is a vote for PAS and a vote for an Islamic state.

This means separate queues for women in the public areas, a blanket ban on the sale of alcohol and of course, no pork meat in Kampua noodles!

Apparently, a DAP MP in the BN-ruled state of Sarawak (which by the way, is en route state elections in the next few months) would have enough clout to stop restauranteur from serving pork in their kampua mee or in any dish, for that matter.

SUPP Sibu’s publicity director Daniel Ngieng made a feeble attempt to defend this campaign gimmick by saying the noodle analogy was to illustrate DAP’s agenda of “change”.

DAP’s “change”, he said, meant a change in the Chinese community’s favourite kampua mee since the party’s affiliation with Islamist PAS would not allow pork in the noodles.

It is hard to tell if the BN machinery truly believes that stooping to such an elementary level would help it recapture Chinese support.

When the voters for DAP face the ballot boxes on polling day, will their minds paint pictures of winged bowls of kampua mee, fluttering away and out of their reach?

Or perhaps BN just prefers the anaesthesia of ignorance to numb the painful truth that try as they might, holding the “Islamic state” threat like a guillotine above the heads of the Chinese is a sorry sign of only one thing — desperation. -MT

Friday, May 14, 2010

Kedah will not dissolve assembly, says MB

The Kedah Pakatan Rakyat government has ignored independent MP Zulkifli Noordin’s warning of a “second Perak” and will not seek to dissolve its state assembly.

Its leaders, however, are “extremely on guard” and will keep a close watch on all its 20 PR assemblymen to ensure they remain loyal to the coalition, unlike in Perak where three lawmakers turned independent and caused the collapse of the pact’s government in February 2009.

Kedah Mentri Besar Datuk Seri Azizan Abdul Razak confirmed with The Malaysian Insider that he had no immediate plans to seek a dissolution of the state assembly since none in his team of lawmakers had indicated plans to defect.

“I just had a discussion with them last night and I am very confident of their loyalty.

“There is no problem in the PR. The only problems are the assemblymen from Barisan Nasional,” he said when contacted.

The PAS leader scoffed at Zulkifli’s prediction that “a certain PR government” would soon fall like Perak had because of the closeness in the seat distribution between PR and BN in the state assembly.

“If he said that the Kedah majority is small, then how did the Kelantan (PAS) government manage to stay in power with only a one seat-majority?

“If other PKR members think like Zulkifli, then not only a few will jump — he cannot declare that a few will jump like him because we are all on good terms in PR,” he claimed.


Azizan believes his assemblymen will be steadfast. — file pic
Azizan also went further to challenge Zulkifli to step down as an MP and re-contest his Kulim-Bandar Baharu parliamentary seat if he felt he was influential enough.
“The people no longer support him... he is no longer credible in Kedah. If he is brave then he should resign and stand for re-election.

“If he really thinks that he has influence then he should resign and we will let our branch leader to go against him,” he said.

Zulkfili, who was sacked from PKR, issued the purported warning on Wednesday and advised a “certain PR state government” to quickly seek for a dissolution.

“It will be a shocker,” he warned, but did not name which state government he was referring to.

He also claimed that two PKR MPs and one assemblyman would soon leave the party.

Kedah PKR chief Johari Abdul admitted that all PR leaders in the state were presently “extremely on guard,” and at the slightest indication of another defection, the state assembly would be dissolved.

“I am an ex-Umno guy myself and I have plenty of friends still in Umno. We are keeping our eyes and ears open, but for now, there is still not indication of anything.

“One thing is for certain, there is no way that any one of the PAS assemblymen will jump. They are bound by the bai’ah (pledge) that they have taken,” he said.

He pointed out that even if all three of PKR’s remaining assemblymen left, the BN would still not have enough assemblymen to form a government.

“Do not forget that the validity of the Kota Siputeh seat is still in question in court. They cannot use that for now,” he said.

PR holds 20 seats in the 36-seat assembly with PAS holding 16, PKR three and DAP one, while the BN has 14. The assembly’s two independents — Radzhi Salleh (Lunas) and Tan Wei Shu (Bakar Arang) — are, however, said to be pro-BN.

The High Court had ordered the Election Commission to call a by-election for the Kota Siputeh state seat in Kedah after the assemblyman Datuk Abu Hasan Sarif twice went absent without leave from the state legislative assembly meetings.

The decision is currently being appealed by the EC.

Meanwhile when contacted, PKR’s assemblymen Tan Show Kang (Sidam) and S. Manikumar (Bukit Selambau) both denied there was any rift in the PR and assured The Malaysian Insider that they were loyal to their party.

“That Zulkifli is a bad man. His job is merely to spread lies and rumours in order to shake the foundation of Kedah’s government.

“We are not going to fall — you have nothing to worry about. If we wanted to leave, we would have left a long time ago. All those who wanted to defect have already left and those remaining will never leave,” he claimed.

Manikar said that Zulkifli was “heading towards insanity” for his predictions.

“Kedah is stable and there will be no negative action. It’s a blatant lie, nothing to worry about,” he said in an SMS.

DAP’s sole assemblyman, Lee Guan Aik (Kota Darul Aman), agreed with his colleagues and insisted that the Kedah PR government was very strong.

“There may be some problems in the PKR but I do not think it will come to that level.

“I believe this is just the work of our opponents who are plotting to create this sense of uneasiness in hopes of destroying us,” he said.

He agreed that he, along with many other PR assemblymen in Kedah, had been offered bribes to defect to BN after Election 2008 but denied the offers had been renewed recently.

“In any case, we will reject the offers outright,” he said confidently.

The third PKR assemblyman, Kulim’s Lim Soon Nee, could not be reached for comment.

A PKR source told The Malaysian Insider that of the three remaining PKR assemblymen in Kedah, Lim was the likeliest to leave.

“He was good friends with Tan Wei Shu (Bakar Arang),” claimed the source, an assemblyman from another state.

Tan resigned from PKR last month, citing his dissatisfaction with the party leadership and his removal from the state executive council.

Thursday, May 13, 2010

Najib’s lightning temple visit riles Kit Siang

Datuk Seri Najib Razak became the first prime minister to attend a celebration in honour of a Chinese deity tonight but the historic visit opened him to criticism from the Pakatan Rakyat for being all too brief.

The Tua Pek Kong procession, held every three years, became a venue for leaders from both Barisan Nasional (BN) and PR’s DAP to charm the Chinese voters who form about 67 per cent of the 54,695 Sibu voters.

The festival is one of the major events in Sarawak’s tourism calendar and the four-day celebration ends tomorrow with a dinner to be attended by Deputy Prime Minister Tan Sri Muhyiddin Yassin.



About 7,000 participants from more than 100 Chinese cultural and religious organizations from across the country took part in the procession which lasted more than two hours.

Roads around the seven-storey Sibu Tua Pek Kong temple, which is one of the town’s major landmarks, was repaved last weekend in preparation for Najib’s visit.

The state DAP took part in the celebration and the delegation was led by its candidate in the May 16 by-election, Wong Ho Leng.

The Sarawak DAP chief along with Lim Kit Siang, DAP Youth chief Anthony Loke started gathering outside the temple as early as 6.30pm, an hour before the procession started.

Thousands of people also lined the streets of Sibu town to watch the procession.

Announcements were also made via the temple’s public address system for the crowd to give a thunderous applause upon Najib’s arrival.

About ten minutes before the start of the procession Najib arrived with the BN candidate, Robert Lau Hui Yew, for this Sunday’s by-election and he was quickly ushered to the temple entrance to sign a plaque to commemorate his visit.

Najib was then ushered back to his car before a temple official could present him with a picture of the temple as a souvenir.

With a lot of pushing and shoving and shouts of “Don’t push!” from the crowd, Najib was finally escorted to his car.

Via twitter, Lim who held on to his Blackberry while the minor commotion was going on, described Najib’s appearance as a “three minutes lightning visit.”

“If in vital Sibu by-election Najib can only spare 3mins 4 120yr TuaPekKong Temple after so much publicity what does it imply?” asked Lim.

Najib had earlier handed RM15 million in financial assistance to 65 Chinese schools as part of his attempt to win the Chinese votes.

The community had backed DAP in Election 2008 and BN lost six Chinese-dominated state seats in the Sarawak election held two years earlier.

In Election 2008, the late Datuk Robert Lau Hoi Chew retained the seat for BN with the help of Malay/Melanau and Iban voters who form about 33 per cent of the constituency’s 54,695 voters. -TMI

'No reason to remove Selangor MB'

Political observers have disagreed with political blogger Raja Petra Kamaruddin's recent call for Anwar Ibrahim to make a choice between keeping Khalid Ibrahim on as Selangor Menteri Besar and saving Selangor.

Raja Petra made the call on his blog earlier this week following Kapar MP S Manickavasagam's allegation of corruption in Kumpulan Semesta, a Selangor-owned sand mining company.

According to him, “keeping Khalid around means Selangor is doomed... if Khalid stays, then that is the end for the Pakatan Rakyat government of Selangor”.

Both Professor James Chin and Wong Chin Huat strongly disagreed with the latter saying that Khalid hasn't made any grave mistakes that would warrant his removal.

While acknowledging that Khalid isn't the ideal leader, Wong also argued that his government hasn't failed miserably.

“Removal of a leader should only be done during an election and based on his performance and competence,” he said. “These are the democratic rules that people should follow. It is unacceptable for political power to be decided upon by a supreme leader or behind-the-scene negotiations instead of a transparent process.”

Wong also challenged the justification of removing Khalid based on his unpopularity.

“If this is their reason, then my question is, what structure is being put in place to ensure the popularity of his successor? And who among the current PKR leaders are guaranteed to win that measure of popularity? Remember that PKR is a party with factions that will go out of their way to destroy it just to settle their own score.”

Chin, meanwhile, doubted that Pakatan would take a tumble anytime this year but predicted that it may likely fall in the next general election. He added that should that happen, Pakatan would not have another chance at victory for the next decade.

However, he said that there was another even more interesting question: “Why is RPK suddenly attacking Khalid whom he had once strongly supported?”

“RPK backed Khalid even when he wasn't Selangor's first choice. And now he is suddenly pushing for Khalid's removal. This is very intriguing.”

Written by Stephanie Sta Maria, Free Malaysia Today

Wednesday, May 12, 2010

Win is possible, but Hadi warns BN's 'unnatural democracy'

PAS president Tuan Guru Abdul Hadi Awang (pic) is confident that should the tide of support for Pakatan Rakyat among the Chinese continue in Sibu, the DAP candidate will be able to win in the upcoming by-election this Sunday.

Hadi said Chinese voters have made a major shift in the Peninsula by supporting Pakatan Rakyat candidates since the last general elections as well as in by-elections.

"If such a support reaches Sibu, we will win," said the Marang member of parliament.

The by-election in Sibu sees a three-way contest involving DAP's Richard Wong Ho Leng, BN's Robert Lau Hui Yew and independent candidate Narawi Haron.

Asked on Barisan Nasional's campaign by playing up the Islamic state issue to the Christian electorate, Hadi said the people in Sibu were not ignorant of Malaysia's democractic and political realities.

However, he warned against what he called BN's 'unnatural' democractic practices.

"Malaysia's is unnatural democracy, there are just so many malpractices and so much misuse of power during a by-election," said Hadi.

He said any win in Sibu will be historic and a major event in the history of the opposition. However, he added, a defeat would be something normal.

"They (BN) are using the entire government machinery. If they win with a small majority, it would be shameful," he said. -Harakah

Taib: Opposition Relying on Propaganda

Sarawak Chief Minister Tan Sri Abdul Taib Mahmud today likened the Sibu by-election as a battle between the propaganda of the opposition and the service record and commitmment of the Barisan Nasional (BN).

"We in the BN, our struggle is to continue to serve the people.

"Our challengers do not speak of any service plan. They are only bringing up issues," he told a gathering at the Malay/Melanau Community Hall in Kampung Hilir here today.

Calling on the people of Sibu to reject the opposition, Taib said they were raising all kinds of issues including those foreign to the state and on religion.

These could be detrimental to the existing harmony and unity of the people, he said.


Taib also described the on-going campaigning for the Sibu by-election as very "panas" (intense).

"We seldom experience this kind of situation. We are used to more localised issues.

"The situation is different now with people exploiting issues from the Peninsular and bringing Peninsular-style politicking here," he said.

He reminded the people of Sibu that if the BN won, they would stand to benefit.

"So my advice is to reject the opposition, support the BN so that it may continue to uphold its struggle to always serve the people," he added. -MD

SAPP: THE FACT SPEAKS FOR ITSELF

TODAY’S news reported that Putatan MP Datuk Dr. Marcus Mojigoh boasted his expertise on exclusive economic zone. Based on his simplistic view, Malaysia would have lost Sipadan and Ligitan islands to Indonesia and Layang Layang Island to Vietnam or China or the Philippines.

In contrast, his UPKO boss Tan Sri Bernard Dompok saw it fit to leave this to the Prime Minister to explain. Earlier, the Sabah Chief Minister, Datuk Musa Aman, has simply brushed aside the public’s anger over the loss of 3 million acres of maritime territory in oil blocks L and M. He did not even bother to explain.




The facts remains that, on 16 Jan. 2003, Murphy Oil Corporation of the United States of America announced that its wholly-owned subsidiary company Murphy Sabah Oil Co. Ltd. has been awarded two new Production Sharing Contracts (PSC) covering Blocks L and M, offshore Malaysia.

Murphy Oil has 60% interest in Block L and 70% in Block M. Petronas Carigali Sdn. Bhd. holds the remaining 40% and 30% respectively. Each block covers 1.5 million acres. The total is therefore 3 million acres. The awarding authority was Petroleum Nasional Berhad (Petronas).

Pursuant to the Petroleum Development Act 1974, the “entire ownership in, and exclusive rights, powers, liberties and privileges of exploring, exploiting, winning and obtaining petroleum whether onshore or inshore of Malaysia” has been vested in Petronas. (Refer to Section 2 of the Act and the “Grants of Rights, Powers, Liberties and Privileges in respect of Petroleum” dated 26 March 1975 signed by the then Prime Minister Tun Haji Abdul Razak Bin Datuk Hussein on behalf of the Government of Malaysia).

On 14 June 1976, the State Government of Sabah, represented by the then Chief Minister Datuk Harris Mohd. Salleh and witnessed by then assistant minister Datuk Joseph Pairin Kitingan, signed the petroleum agreement with Petronas surrendering the ownership and rights, powers, liberties and privileges in petroleum in Sabah to Petronas in return for 5% royalties of the petroleum.

Petronas is subject to the control and direction of the Prime Minister “who may from time to time issue such direction as he may deem fit” (Section 3 (2) of the Act). This is the Petronas, vested with the powers and authority of Parliament by virtue of the Petroleum Development Act 1974 and the Prime Minister, over offshore petroleum development in Malaysia, that awarded the 3 million acres in Block L and M to Murphy Sabah Oil Co. Ltd. on or before 16 Jan. 2003.

Petronas and the Prime Minister at the time (Tun Dr. Mahathir Mohamed) have seen it fit, proper and legal to award the said maritime territory to Murphy Oil, an American company. All these point to the fact that, in the legal opinion of Petronas and the federal government at the time, Malaysia has sovereign rights over the maritime territory contained in Blocks L and M.

The Deputy Prime Minister at the time was Tun Abdullah Ahmad Badawi. This is against the back drop of Malaysia having won the Sipadan/Ligitan case at the International Court of Justice the month before (December 2002).

Murphy Oil Corporation has two other subsidiaries in Malaysia, namely – Murphy Sarawak Oil Co. Ltd., and Murphy Peninsular Malaysia Oil Co. Ltd. for the respective geographical regions. The subsidiary company used to operate Blocks L and M is the one for Sabah, not the one for Sarawak or Peninsular Malaysia. We have to assume that the Americans and Petronas know where Sabah is.

The Chief Minister admitted (news 5 May 2010) that the Sabah State Cabinet was briefed TWICE. If Blocks L and M have nothing to do with Sabah, then there is no need to take up the precious time of the Cabinet. The fact that there were TWO briefings suggests that there was a need for follow up, updating and issues that require the Cabinet’s attention. If not, then why would a Cabinet that sees no need to renegotiate the 5% royalty petroleum agreement with the Federal Government, busy itself with maritime territories that are outside Sabah? What was the briefing about and did the Cabinet give its consent?

Similarly, ex-Prime Minister Tun Abdullah Badawi covered himself by saying that his Exchange of Letters with the Sultan of Brunei was approved by his Federal Cabinet in February 2009. Did our Sabahan Ministers in the Federal Cabinet agree to the surrender of Blocks L and M to Brunei?

On April 22, 2010, Murphy Oil announced to the New York Stock Exchange that their PSC to Blocks L and M have been terminated because “following the Exchange of Letters between Malaysia and the Sultanate of Brunei on March 16, 2009, the offshore areas designated as Blocks L and M are no longer a part of Malaysia”. Since this follows the Petronas letter of 7 April 2010 to Murphy Oil Corporation, it means that before the exchange of letters, the areas were still a part of Malaysia.

This announcement was picked up by The Edge, a Malaysian business paper, on 22 April 2010. The Brunei Times triumphantly reported this on April 23. This was an issue waiting to explode. Ex-Prime Minister Tun Dr. Mahathir Mohamed, who must have been irked by the loss of national territory and Petronas profits, at his blog lambasted another ex-PM, Tun Abdullah Badawi for this loss. Tun Dr. Mahathir’s anger is understandable because it was during his tenure as PM that Blocks L and M were awarded to Murphy Oil Corporation. He said that these blocks are Malaysian territory.

Tun Abdullah Badawi later (1 May 2010) defended the loss of the oil blocks by claiming that Petronas is given a 40-year commercial right to operate the same oil blocks but under Brunei sovereignty. Wisma Putra on 4 May 2010 exposes this sell out of maritime territory in return for Petronas’s commercial operations in Brunei.

Some questions that the government should answer are:

(i) Negotiations over territorial disputes in the South China Sea are alive and active. Where was the pressing need for Malaysia to surrender any territory to any country just three weeks before a change of Prime Minister?

(ii) The surrender of blocks L and M was kept a national secret until the Murphy Oil announcement on 22 April 2010 in the New York. Why did our government and Petronas keep this secret?

(iii) If the areas in blocks L and M were Brunei’s sovereign rights in the first place, the why did Malaysia award the blocks to Murphy Oil in 2003?

(iv) In March 2009, the then Prime Minister Tun Abdullah Badawi chose to announce only that Brunei has dropped the Limbang Claim but remained silent on the loss of Blocks L and M. If Brunei already owned Blocks L and M, then why was there a need for an Exchange of Letters between Tun Abdullah and the Sultan of Brunei? Has treason been committed?

(v) Why was the need for the Sabah Cabinet to be briefed twice? If the oil blocks do not belong to Malaysia in the first place, what was the need to brief the State Cabinet?

(vi) Kelantan and Trengganu are fiercely fighting for their rights to oil revenues. Trengganu, a BN-UMNO State, still has unfinished litigation with Petronas and the Federal Government over oil royalties. Why should Sabah, a BN fixed deposit state, choose instead to defend the blunder of losing territory and oil revenues? Tengku Razaleigh, a Kelantanese BN MP heads the Parliamentary caucus on oil royalties. Why are our Sabahan BN MPs, like Marcus, unwilling join the fight for Sabah?

As for sovereign rights, the Article IV of the Malaysia Agreement of 9 July 1963 transferred sovereignty over Sabah (then North Borneo) from London to Kuala Lumpur. Prior to 1963, Kuala Lumpur did not possess any territorial sovereign rights east of Johore. Malaysia as a nation then acquired all territories that came with Sabah by way of legal title or historic right or treaties or effective control.

The Sipidan/Ligitan islands case at the ICJ is clear on this point. By definition (Article 1 of the federal constitution) Malaysia’s territory consists of the territories of all the States of Malaysia as at 1963 (minus Singapore after 1965). Sabah, like other states, was not carved out of a larger country Malaysia. Instead, Sabah, together with other states, formed Malaysia.

International conventions, be it on continental shelf, Law of the Sea and the 200 nautical mile EEZ limit affecting Sabah do not nullify the historical fact that Malaysia acquired these maritime territories with the entry of Sabah into Malaysia. It is the duty of Malaysia to protect the sovereignty of these areas over which Sabah has an interests. For instance, would Sabah not have a say if the Malaysia government were to cede Labuan FT to a foreign country?

Sabah has lost enough. If the BN State Government fights for Sabah’s rights and interests, then the people will support the government. But if the government fails, the people will speak through the ballot boxes. Then, no quantity of money politics, phantom votes or coercion will be able to save this BN government.

By: DATUK YONG TECK LEE

Najib, Kit Siang in race to charm Chinese voters

Datuk Seri Najib Razak will tomorrow begin his first visit to Sibu since the start of the campaign period to work his charm on Chinese Malaysian voters ahead of this weekend’s key by-election here.

The community backed the DAP in Election 2008 while Sarawak Barisan Nasional’s (BN) SUPP lost six state seats in state polls held two years earlier.

The prime minister will join a Chinese cultural procession tomorrow evening organised by a temple here.

Najib is set to be the first prime minister to take part in such a procession which is held in honour of Tua Pek Kong, one of the major Chinese deities worshipped in Malaysia.

Roads around the seven-storey Sibu Tua Pek Kong temple, which is one of the town’s major landmarks, have been repaved in preparation for the prime minister’s visit.

DAP leader Lim Kit Siang will also be attending the procession. His party’s candidate, representing Pakatan Rakyat (PR), is facing off with BN’s SUPP man.

“It is a great day for Sibu. I will be glad to participate as well,” said Lim.

He expressed hope that Najib would continue the practice of engaging non-Malay voters outside the election season.

“Don’t just do it when there is a by-election. He must do it all the time,” said Lim.

Some 20,000 devotees from across the country are expected to take part in the procession, which is held every three years.


The Sibu Tua Pek Kong temple, which is one of the town’s major landmarks. – Picture by Jack Ooi
The Tua Pek Kong Festival is one of the major events in Sarawak’s tourism calendar and the celebration will last four days, starting today.
“The event has been planned for the last six months. Since PM is here on the 12th of May, upon the invitation from the temple, so he said he will drop by,” said Sibu SUPP publicity chief Daniel Ngieng.

Early this year, Najib made history by becoming the first prime minister in 30 years to visit the Batu Caves temple near Kuala Lumpur on the eve of Thaipusam celebrations.

Since taking over the government over a year ago Najib has been promoting his 1 Malaysia concept in an attempt to win the support of the non-Malays.

“We can only say it is a good thing,” Ngieng said when asked if Najib’s participation in the procession would boost Chinese support for the ruling coalition.

In Election 2008, the late Datuk Robert Lau Hoi Chew retained the seat for BN with the help of Malay/Melanau and Iban voters who form about 33 per cent of the 54,695 voters.

Hoi Chew’s cousin Robert Lau Hui Yew is now contesting against the DAP’s Wong Ho Leng and independent Narawi Haron.

BN’s popularity among Chinese voters nationwide has not improved since Election 2008, which saw the coalition losing most of the urban constituencies dominated by the community.

In last month’s Hulu Selangor by-election, fewer than 30 per cent of Chinese voters supported BN despite Najib’s last-minute financial pledges to Chinese schools and associations. -TMI

PAS hits out at May 13 event over racist tones

Terengganu PAS Youth has criticised a programme organised by the state's Institute for Integrity called ‘Melayu Bangkit’ (Malays Arise).

Saying the programme smacked of racism and a threat to racial harmony in the country, youth head Ustaz Mohd Nor Hamzah said fuelling such a suspicion was the fact that the programme will be held on May 13, 2010.



PIC: A billboard in Kuala Terengganu showing the event's special guest.

"Even more suspicious is that the programme will be held on May 13, a date which is synonym with the 1969 racial riots," he said.

Nor, who said PAS will lodge a police report over the move, urged the organisers to cancel the event.

The event will be held at the state's Sports Complex in Kuala Terengganu at 9.00 am on Thursday. A billboard announcing the event shows a large portrait of former prime minister Dr Mahathir Mohamad, who will be the special guest.

Nor, who is also Bukit Payung state assemblyman, said as a state-owned body, the Terengganu Institute for Integrity should not allign itself with political parties and politicians, such as Gerakan Kebangkitan Rakyat (GERTAK, or People's Awakening Movement), which is headed by Marang UMNO's division chairman.

“It seems that the Institute for Integrity has lost its own integrity," he added.

Nor said the theme 'Malays Arise' was a racist slogan and could not fit into prime minister Najib Razak's '1Malaysia' agenda, adding that the same theme had been used by UMNO in Penang to generate opposition against the Penang state government.

"Such a slogan creates discomfort among the people, especially the non-Malays and those Malays who are not UMNO members," he stressed.

'Uncivilized'

Meanwhile, PAS vice president Salahuddin Ayub described the event as "unhealthy" and not suitable at a time when Malaysians were struggling to achieve greater unity.

Referring to a statement by Gertak chairman Razali Idris that May 13 was chosen to create awareness among Malays and remember the bloodshed in 1969, Salahuddin described the action as "uncivilized".

"This statement (by Razali) is serious and clearly shows the intentions behind the choice of the date. PAS views it as something that is very uncivilized," he told newsmen at the PAS headquarters in Kuala Lumpur. -HD

Monday, May 10, 2010

Guan Eng sells Penang’s success to woo Sibu

Lim Guan Eng promised that Pakatan Rakyat will implement Penang’s poverty eradication programme if the pact wins Sarawak, telling Sibu voters they could hasten the change by voting DAP on May 16.

The Penang chief minister had toured two rural Melanau villages and an Iban settlement an hour’s boat ride from the town, boasting of the success of his government’s policy and pledging to do the same for Malaysia’s largest state.

“If you support ‘rocket’ on May 16, we can start the process of change in Sarawak,” declared the DAP secretary-general in his campaign stops to support the party’s state chairman, Wong Ho Leng’s, fourth bid to be Sibu MP.

The Bukit Assek assemblyman is contesting against Barisan Nasional’s (BN) Robert Lau Hui Yew and independent Narawi Haron for the support of Sibu’s 54,695 voters. This is the first by-election contested by DAP since Election 2008. Sibu is also the 11th by-election since the last general election.

The rural villages in Sibu are said to be BN strongholds. In Election 2008, the ruling coalition retained the Sibu seat with the help of Malay/Melanau and Iban voters from villages as it was defeated in the Chinese-dominated town centre’s polling districts.

But Lim received a warm welcome and, at the Rumah Rassau longhouse, sat on a hand-woven screwpine mat, an honour reserved for important guests.

The riverside village has some 400 voters and was home to a small group of active DAP members.

“I am Lim Guan Eng, the chief minister of Penang,” the baby-faced politician introduced himself at all the campaign stops

During his 30-minute visit to the Iban longhouse, Lim said it is time for the community to switch their support to DAP.

Lim (far right) pledged to export Penang’s success story to Sarawak if PR takes over. — Picture by Jack Ooi “You have been under the same administration, under the same party for so many years. It is time for a change,” said Lim.

He described the May 16 by-election as the start of the process of taking over the Sarawak government in the next state election, which must be held by July next year.

Lim also spoke of how the rural community in the state had been neglected by the government despite its vast natural resources.

“This state has timber, oil but unfortunately there are a lot of crocodiles also,” he said to laughter from some 50 villagers who attended his talk.

“You see for yourself who catches the crocodiles, who have been protecting them,” added Lim in reference to corrupt government officials.

He then promised the villagers that Penang’s poverty eradication programme would be carried out in Sarawak if PR took over the state.

“In Penang, when I became the chief minister, the first thing I did was to eradicate hardcore poverty. Similarly here, I don’t want hardcore poverty in Sarawak,” said Lim, adding that his state government handed money to the poor every month.

The Penang has also begun giving RM100 to senior citizens annually, a gesture that has drawn criticisms from BN politicians who called it political bribery.

Lim has countered by saying that BN had spent more in by-elections to win over people, and pointed out that the ruling federal government had spent an estimated RM170 million in a combination of projects and cash handouts in last month’s Hulu Selangor by-election. The Sibu seat was vacated following five-term MP Datuk Robert Lau Hoi Chew’s death on April 9. He was deputy transport minister.

In Election 2008, Lau won the seat with a 3,549-vote majority, beating Ho Leng and Lim Chin Chuang of Parti Keadilan Rakyat (PKR) in a three-cornered fight.

Sibu has 54,695 voters, comprising 52,158 ordinary voters and 2,537 postal voters made up of 1,910 military and 627 police personnel.

According to the electoral roll, updated as of April 9, Chinese voters make up almost 67 per cent of the total number of voters, followed by Malay/Melanau (10.5 per cent) and Sarawak Bumiputeras (22 per cent). -MI

DAP Launches Manifesto for Sibu By-Election

The Sarawak DAP today launched its manifesto for the Sibu parliamentary by-election which touches among other things the issue of employment in the state.

Its candidate Wong Ho Leng, who launched the manifesto here, claimed that there were not enough jobs for the state's youths, forcing them to seek employment elsewhere.

He also listed seven other agenda including a promise to solve Sibu's perennial flood problems within two years.

Wong said the party would invest in human capital and infrastructure to make the town a hub for shipping industry, marine engineering and tourism.

Penang Chief Minister Lim Guan Eng, who is DAP secretary-general, was among those present.

The by-election on May 16 will see a three-way fight between Barisan Nasional's Robert Lau Hui Yew, Wong and independent candidate Narawi Haron.


- Bernama

BN Candidate Wants to See Sibu Develop Further

The Barisan Nasional (BN) candidate for the Sibu by-election has a vision.

Should he be elected, Robert Lau Hui Yew wants to further develop the parliamentary constituency.

"My vision is clear... I want Sibu to change, in terms of having better infrastructural developments, living standard and business opportunities to generate jobs and income.

It is my hope to make the town a better place for all, in terms of getting high income salaries and attracting more investments," he told a media conference here today.

Lau, 48, a University of Hull graduate, said although he was new to politics, as compared to his opponent, DAP Wong Ho Leng, 50, a veteran, he was well-nurtured in the field by his late cousin and five-term incumbent Datuk Robert Lau Hoi Chew.

"I have followed him for a long, long time. We were like brothers and at times, like son and father.

"I know how he had operated, his aspirations and uncompleted works politically, socially and in education development.

"But, this does not mean I am still walking in his shadow. I am my own. Although I want to continue with his good works, I have my own ideas and I belong to the new generation, as well," he said.

Lau, a lawyer, said like other leaders, he would rely on Facebook to interact with the new generation, in particular, and his supporters in general.

"I can get feedback from them, with regard to their aspirations, hope and grievances. In return, I can also use it to convey my message to them," he said.


- Bernama

Thursday, April 29, 2010

ABUSE OF IBFC WORK PERMITS

THE International Business and Financial Centre (IBFC) formally the LOFSA means a jurisdiction that offers liberal operating environment and low rates of tax as well as ensures confidentiality of investors’ information. Currently, there are more than 70 IBFCs around the world and most of them are located in Europe and the Caribbean.

But is this true that the IBFC is also a bench mark for immigrants to come to the country and set up bogus offshore company while getting the approvals from the immigration departments to stay in the country legally and obtaining work permits to operate onshore business locally here?



It has been known that some foreigners are actually abusing their permits by doing this and the relevant departments are very much aware of it. It’s all under the umbrella of Labuan IBFC! There are a total of 130 expatriates given such Work Permits applied under the Labuan Trust Companies that entitles them to stay here and trade. Meaning once the permit is issued the holder can have his whole family here with him.

In general, Labuan companies are restricted from dealing with Malaysian residents in ringgit, except for defraying administrative and statutory expenses.

Quoted by the Labuan IBFC Chairman Tan Sri Dr Zeti Akhtar Aziz, the offshore regulator has continued to exercise vigilance in anti-money laundering and also said that ‘concrete efforts have been taken, including regular monitoring to ensure that businesses are genuine. In its annual report released in Kuala Lumpur recently it was stated an increase to US$ 249.7 million from US$214.1 in 2008 before tax with its 54 active lenders

Labuan FSA is the role authority responsible for supervising Labuan business activities in Labuan and independent from domestic authorities, except for exchange control and tax matters which is administer by Central Bank of Malaysia and Inland Revenue Board, respectively.

Labuan FSA has implemented policies that facilitate the creation of a competitive and attractive business environment in Labuan. Labuan’s legislative framework is not only business-friendly but also prudent to safeguard Labuan’s international image as a clean and reputable international business and financial centre.

All these are extracts from the Labuan IBFC web sites that explain to us what it’s all about on the outside. Does anyone even bother to find out that what is being preached by them are actually even implemented?

One just has to dig a bit further and you will see more dirt under the carpet. What’s next we will be looking at a few drug cartels coming to invest here in Labuan or more money laundering companies operating as clearly they will be given a three year visa to stay here in Malaysia while also operation in business legally without having to worry from immigration department as its them that issues the final permit upon instructions from the Labuan IBFC and Labuan Trust Companies.

A trend that is already being practiced here and obviously being abused. Such acts would only tarnish the department more. How much the expatriates granted work permits in Labuan have invested here as we know some operates Hotels and Pubs.

It should be made clear that Labuan IBFC should make sure that it keep its name clean and not get involved with all the hanky panky that’s going around here in LABUAN.

By: GREAT LABUAN WARRIOR (GLW)

LANDMARK RULING ON SABAH NATIVE LAND

A NATIVE land case in Sabah that has dragged on in the courts for the last 20 years, the plaintiff passing away in the process, has finally come to an end in the Federal Court and opened the floodgates on thousands of similar cases in the state. The verdict was in favour of the native plaintiff, substituted by his daughter, against a non-native.

The Federal Court, in a landmark decision, has upheld a Court of Appeal decision that a bank is duty-bound to go beyond the Land Office register in matters that involve native land in Sabah.



Ascertaining the legality of ownership will avail itself of the protection given to a bona fide charge, the Federal Court further upheld.

The Federal Court's decision arose from two related questions of law which were referred to it. The resort to the Federal Court followed the granting of leave by the Court of Appeal on April 28, 2008 to International Bank Malaysia Bhd formerly known as Hock Hua Bank (Sabah) Bhd.

Federal Court Justices James Foong Cheng Yuen (left), Raus Sharif and Heliliah Mohd Yusof unanimously dismissed with costs an appeal brought by the bank against a decision of the Court of Appeal on Sept 17, 2007.

The Court of Appeal unanimously upheld a Kota Kinabalu High Court declaration on June 29, 2000.

REINSTATED AS OWNER

In the declaration after a full trial, the KK High Court ruled that Balantai Sinangau be reinstated as the registered owner of Native Title No. 213044378 measuring five acres in Kampung Nosoob, Penampang, Kota Kinabalu. Further, the Court ruled that a memorandum of transfer and memorandum of charge created for the land by Yeo Kee Seng, a non-native, and two other defendants be deleted from the Land Office register.

Balantai had contended that Yeo had become the “owner” of the land by way of a Power of Attorney, which he revoked earlier, and furthermore the latter was not a native. Therefore, the alleged transfer of the land to Yeo was null and void and consequently the charge created by Yeo in favour of the bank was therefore a nullity, Balantai pleaded.

The bank contended that Yeo, as owner of the land, had charged the native land to the bank to secure banking facilities and that the bank was at all material times acting as a bona fide charge of the native land. The land had been charged to the bank for a RM100,000 loan facility 20 years ago.

The bank had intervened and become a party to the suit after Balantai, subsequently substituted by his daughter Lovintih Balantai @ Betty after his death, sued Yeo and the two other defendants for the return of the land.

BANK SHOULD HAVE SUSPECTED YEO

In the 92-page grounds of the decision, delivered by Justice Mohd Ghazali Mohd Yusof sitting with Justice Mokhtar Sidin and Justice Abdul Wahab Patail, the Court of Appeal held that in a transaction involving the native title to be charged, the bank should have been put on guard that Yeo may not be a native and hence his position as a registered owner is suspect.

It said that this should have prompted the bank to seek legal advice from their solicitors to request from Yeo additional proof of ownership. The Court of Appeal cited as an example a copy of an appropriate declaration made by a Native Court pursuant to Section 2 (3) of the Interpretation Ordinance. However, Yeo did not furnish any evidence to show that he was a native, the Court of Appeal noted.

The Court of Appeal further held that, in the absence of any evidence to show that Yeo was a native, the High Court was correct in holding that the transfer of the native title to Yeo and the charge created by Yeo were a nullity by virtue of Section 17 (1) of the Land Ordinance. The Ordinance expressly states that all dealings in native land between non-natives and natives are extremely forbidden and no such dealings shall be valid or shall be recognised in any court of law.

The Court of Appeal ruled that the bank could not claim to be a bona fide charge as the bank had admitted at the trial that their solicitors had only conducted a search of the native title at the Land Office after the memorandum of charge had been lodged and registered.

NOT QUITE RIGHT

The Court of Appeal said that the search conducted on native title revealed past and present caveats, as acknowledged by the bank, and that should have alerted and put the bank on guard that something was not quite right.

It added that this should have prompted the bank to seek further legal advice from their solicitors to obtain additional proof of ownership relating to the native status of Yeo.

The Court of Appeal said that the bank must have knowledge of the restrictions in dealings over land held under native title pursuant to the land laws of Sabah. Hence, they cannot come to court and claim that the title to the said land is a clean title and maintain that they are a bona fide party of value without notice upon registration of a land dealing and indirectly ignoring the law relating to native lands in Sabah.

In the circumstances, the Court of Appeal held that the bank cannot be said to be acting bona fide, and therefore, the registration of the memorandum of Charge upon the Land Office register was a nullity.

By: JOE FERNANDEZ (sabahkini)

BY ELECTIONS WOULD BRING FUNDS TO SANDAKAN.

SABAH Progressive Party (SAPP) said only by-elections could address many problems in Sandakan including the worsening water supply.

SAPP Information Chief Chong Pit Fah said by-elections would forced the ruling Barisan Nasional (BN) Government to approve funds immediately and works to rectify the water supply would be carried out on the double.

“Look at Hulu Selangor by-election, opposition leader Datuk Seri Anwar Ibrahim accused Barisan Nasional of giving huge funds to many resulting Keadilan lost the Parliament seat.

“Anwar claimed that two Chinese independent schools at Hulu Selangor received funds totaling RM4.5 million. It is bigger than the RM4 million grants to all Chinese schools in Sabah for this year.

“So it is worth to call by-elections particularly for Tanjung Papat and Elopura seats so that the government would channel funds immediately and the water problem could be addressed fast,” he said in a statement, here, today.

He said Tanjung Papat and Elopura assemblymen, Datuk Raymond Tan and Au Kam Wah, stay loyal with BN when SAPP pulled out of the coalition government.

However, many problems in Sandakan never been solved even after both of them remained with the ruling coalition, said Pit Fah.

He said, apart from constant energy disruptions and huge presence of illegal immigrants (PTI), Sandakan folks are now facing the worst water supply in decades.

Pit Fah said the Sandakan Chinese Chambers of Commerce and Industry (SCCCI) had disclosed in a local daily that tap water were smelly and taste salty while the colour also not crystal clear.

The SCCCI had lamented that Sandakan folks were behind Barisan Nasional during the 2008 general election, which saw the ruling coalition sweep all the State and Parliament seats there.

He said both Raymond Tan and Au Kam Wah had said that they remained with BN because only BN could bring the much needed developments to the people especially Sandakan.

He added that both of them had promised Sandakan folks that they would strive to the best to ensure Sandakan are progresses.

However, both of them had failed based on the terrible tap water situations, Pit Fah said adding instant funds to address the problem would only be available if there are by-elections at Tanjung Papat and Elopura, respectively.

“If Raymond Tan and Au Kam Wah loves Sandakan folks and willing to sacrifice so I called on both of them to vacate their respective seat to pave the way for by-elections, which would surely bring huge funds at once and at the same time address the tap water problem,” Pit Fah said.

He said based on the quantum of funds given to only two Chinese independent schools during by-elections at Hulu Selangor as claimed by Anwar when compare to the grants to all Chinese schools in Sabah for the entire 2010, only by-elections could force the Federal Government to approve huge funds immediately and address the terrible tap water problem at once.

“Imagine the quantum of funds showering Sandakan when there are by-elections at both seats. Not only the worsening water supply problem could be addressed fast but many other problems like power shortages would also be solved,” he said.

Pit Fah said he is sure the Federal Government would immediately purchase new generator sets and not second hand or used one as measures to overcome the long standing power shortages in Sandakan.

He said Raymond Tan and Au Kam Wah should subscribe to the concept of Sandakan Folks First and Performance Now and let by-elections be held at Tanjung Papat and Elopura immediately. -Sabahkini

SUPP United in Facing Sibu By-election

The Sarawak United People's Party (SUPP) is united in facing the upcoming Sibu parliamentary by-election, party president Tan Sri Dr George Chan said today.

"We are very happy that the Sibu branch has got one voice. Now, we really need to go to the ground and redouble our ongoing efforts to win," he told a news conference at the party's Sibu branch office, here.


Sarawak Chief Minister Tan Sri Abdul Taib Mahmud had yesterday confirmed SUPP's choice of Robert Lau Hui Yew as the Barisan Nasional (BN) candidate for the by-election, saying Prime Minister Datuk Seri Najib Tun Razak had given his approval.

Hui Yew is a second cousin of Datuk Robert Lau Hoi Chew, the federal deputy transport minister whose death on April 9 has necessitated the by-election, nomination for which is on May 8 and polling, on May 16.

"We are 110 per cent behind him (Hui Yew). He has been with the late Datuk Robert Lau Hoi Chew, the five-term MP, for a long, long time. He knows his dreams... his ways of doing things. In his memory, we want to ensure that Robert Lau junior will accomplish all the unfulfilled dreams of Robert Lau senior," said Dr Chan.

Among those with him at the news conference were Sibu Branch chairman Datuk Seri Wong Soon Koh, Lanang MP Datuk Tiong Thai King and Pelawan state assemblyman Vincent Goh Chung Siong.

Dr Chan said the SUPP machinery was unfazed by the challenge posed by the opposition which he added was banking on Sarawak DAP chairman Wong Ho Leng to "duel" with Hui Yew.

Wong had stood against Hoi Chew in the constituency in 1995, 2004 and 2008 but lost each time.

Dr Chan said he was confident the Chinese voters would remember the good deeds of Hoi Chew and would want someone like Hui Yew to carry on with his unfinished dreams, particularly in education development.

Asked if this would translate into votes for the BN, he said: "Many of our people follow Confucius's values. One of the greatest values is gratitude. I think the Chinese people respect Confucius a lot. I am sure they will know what to do. We don't have to spell it out."


- Bernama

'Chinese voting trend bad news for BN in Sibu'

PAS secretary-general Mustafa Ali (pic) has predicted a disastrous by-election outcome in Sibu on May 16 for recently-victorious Barisan Nasional, provided the voting trend of the Chinese electorate in West Malaysia is repeated there.

"If the (voting) sentiment in Sarawak is the same as in the peninsula, BN is going to find it hard in Sibu," Mustafa, the former PAS election chairman, told reporters here.

The recent by-election in Hulu Selangor saw Chinese majority areas overwhelmingly voting for Parti Keadilan Rakyat's Zaid Ibrahim, who lost to P Kamalanathan of BN by a majority of 1,725 votes. A six-fold increase in Chinese support from the last general election was also seen in Kuala Kubu.

The next by-election, the eleventh since the 2008 general election, is being called in Sibu following the death of its MP Robert Lau Hoi Chew on April 9, who had won the seat by a margin of 3,235 against PKR and DAP candidates, both from Pakatan Rakyat. This time around, PR top leaders have endorsed DAP to represent the opposition coalition.

BN will be fielding Lau's second cousin Robert Lau Hui Yew against Sarawak DAP chairman and veteran politician Wong Ho Leng.

The Sibu constituency has 60 per cent Chinese voters, something Mustafa said worries BN leaders, especially with the almost total rejection of BN by Chinese voters in recent times.

Such a trend has led recently-launched right-wing Malay group Perkasa to lash at Chinese voters for not supporting BN, demanding that development funds be stopped to Chinese-majority areas. -Harakah

Tuesday, April 27, 2010

PAIRIN SHOULD EXPLAIN ON 800 METER ROAD

SABAH DAP Local Government & Housing bureau chief cum Vice Chairman Edward Ewol Mujie said that Deputy Chief Minister cum Minister of Infrastructure Development Datuk Seri Joseph Pairin Kitingan did not explain the issue of the 800 meter road (Jalan Bersatu 1) costing RM2 million to be upgraded with a cost of another RM 10 million near the QH 2 (SMC) during the recent State Assembly sitting.

Datuk Seri Joseph Pairin Kitingan has make known his intention to explain this issue during a press conference at the Public Works Department (PWD) meeting room here on Monday February 22, 2010 and it was published in the local newspaper issued on Tuesday February 23, 2010. However he never gives that explanation during State Legislative Assembly sitting from April 15-22, 2010.

Edward said Datuk Pairin who was formerly the Chief Minister during PBS Government and now Deputy Chief Minster in the BN Governments, in fact should shown a good example to our young generation by fulfilling his promised.

Edward said that he is not surprised at all on why Datuk Pairin did not bothered to give that explanation as he promised because there are certain facts and reason that make him difficult to explain. For example, the retaining wall is encroaching into the road reserve.

Edward said since Pairin failed to explain in the State Assembly on this issue as he promised, Sabah DAP demands him to give details on why the supposed two lane road which had become a single lane road. He should not covered up on the reasons, because he as the Infrastructure Development Minister, he is the right person to explain so. -Sabahkini

Felda kin may swing to Pakatan if Hulu Selangor pledges not fulfilled

Heirs of Felda settlers in Sungai Buaya have warned they may vote for Pakatan Rakyat (PR) should the ruling federal government fail to honour Hulu Selangor campaign promises by the next general elections.

A group of second-generation Felda settlers said they voted Barisan Nasional (BN) during Sunday’s Hulu Selangor by-election because of the RM50,000 advance payment for their land that was acquired off them for development and the promise by the Prime Minister Datuk Seri Najib Razak to look into their plight.


“We may reconsider how we vote in the next general election if BN don’t keep their promises,” said a 53-year-old self-employed-man, whose father was an original settler who died without seeing a sen.

The settlers are the pioneer batch who settled in the rural enclave in the Felda land scheme started by Najib’s father Tun Abdul Razak Hussein.

Felda, or the Federal Land Development Authority, is the world’s largest plantation operator, with 811,140 hectares of oil palms, mainly across Peninsular Malaysia, Sarawak and Sabah in Malaysia. It also operates plantations and oil mills in Indonesia.

Last Friday 100 settlers in Sungai Buaya here received an RM1,000 advance of the promised RM50,000 each from private company Idiqa Holding Sdn Bhd.

However Najib reportedly said the remaining compensation would be paid to the settlers at a rate of RM160,000 per acre when the land is developed.

“The only condition is that Selangor is returned to Barisan to facilitate implementation of the development projects,” he said during the ceremony at Sungai Buaya here.

Howeber, Idiqa Holding’s chairman Datuk Abdul Azeez Abdul Rahim, told the remaining 263 settlers or their kin who collected their money yesterday that that they would get all their money within the next six five months.

A total of 363 settlers or their next of kin have been waiting 17 years for compensation after their land totalling 510ha (1,261 acres) was acquired by a housing developer, whose project failed to take off.

The kin of settlers, whose fathers were rubber small holders, pointed out that on average each was owed between RM500,000 and RM1 million, and expected to see progress payments for the arrears and not empty promises.

“We have waited this long but there is a limit to our patience,” said the kin, who declined to be named.

Another second generation settler said he would have boycotted the by-election had it not been for Najib’s promises.

“We are all hardcore BN supporters but we been frustrated for so long,” said the Umno man, adding he would never vote for PR but would not cast a vote in next election if the problem continues to be unresolved.

The same discontentment was heard among the crowd yesterday when the remaining 263 settlers and their kin collected their payments of RM50,000

While waiting for the newly-minted MP P. Kamalanathan and his entourage to arrive, a few settlers told The Malaysian Insider that the BN’s campaign promises were “too little too late”.

“Why should we be happy anyway? This is money we are owed for more than 15 years. Why do they compensate us only now? Even then, this is just RM50,000 they are giving us. What about the rest? My family is owed at least RM400,000,” said one angry Malay settler who refused to be named.

He even complained about the method of distributing the funds and said there was little need for all the pomp and pageantry typical of a BN function.

“And they make us wait for them in this heat, no food, no drink. Who do they think they are, I feel like we are begging for charity but it’s our money actually,” he added. -TMI

BN can forget about Selangor, says Sabu


PAS central committee member Mohamad Sabu (pic) said should the voting pattern in Hulu Selangor continue into the next general election, the Barisan Nasional can forget all hopes of wresting back Selangor from Pakatan Rakyat.

"This also means Penang will be remain under PR, Perak will throw out the BN state government and Negeri Sembilan could also follow suit," said Mohamad Sabu.

He said the PR would be able to win more state seats in Selangor although it could lose some of them to BN.

The recent Hulu Selangor by-election saw the BN wresting back the parliamentary seat from PKR which won in 2008 with a wafer thin majority of 198.

Racial sentiments among Malays

Sabu also said the trend in Hulu Selangor brought into open racial sentiments among Malay voters.

"UMNO leaders have succeeded in convincing the majority Malay voters that BN is Malay and vice versa. That was why they voted for BN," he added.

As such, he said PAS faced a huge challenge to explain to the people that UMNO and BN had been in fact traitors to the Malays since independence in 1957, and made use of narrow racism for their own interests.

He said this was because PAS was a majority-Malay party and it carried a burden to "free the Malay mind from such deviant thoughts which placed the interest of Islam and Malays on UMNO."

"We should leave our fate to God, not UMNO. It is unfortunate that a section of Malay political leaders tie their destiny to UMNO, ostensibly to defend Malay and Muslim interest," he said.

He reminded that if the PR leadership continued to administer the state governments to ensure they were corruption-free, not given to extravagance, live in moderation and were prudent in financial management so that money could flow back to the people, the current support for PR can be sustained. -Harakah

Saturday, April 24, 2010

Farmer never drives to KK but gets fined by City Hall

2304_angAngkarau bin Antawor, 47, has never set foot in Kota Kinabalu and is contented to remain in Kg Mosopoh tending to his farm.

It therefore, came as a great shock when he received a notice of reminder from the Kota Kinabalu City Hall to settle a parking fine.

The notice stated that as car owner of SA 8555, he had committed an offence under the by-law for car parking and is liable to a fine of up to RM5,000.

It stated that the vehicle was parked on an unauthorised spot at Jalan Tugu in front of the City Hall on 16 November 2008.

Angkarau, a farmer with nine children however, insisted that on that date the vehicle was with him in Kg Mosopoh located 70km from Keningau and 200km from Kota Kinabalu.

“The car was just left idle in the village for nearly half a year because it had broken down,” he said suggesting that the registration number could have been used by someone else on another vehicle.

His car was sent for repair recently and is now used by the family to travel to Nabawan or send the children to school.

Angkarau wants the City Hall to investigate the matter and insists that he has not committed any offence under the by-law.

Pakatan says vote for change, not money

Pakatan Rakyat (PR) leaders pleaded with Hulu Selangor voters last night to seek change rather than money in tomorrow’s polls by electing Datuk Zaid Ibrahim, as both sides continued to indulge in pork-barrel politics and personal attacks.

Both PR and Barisan Nasional (BN) campaigners have lavished land titles and money in the past week to sections of the 64,500 voters, whose votes are crucial in deciding between Zaid and MIC candidate, P. Kamalanathan.

With a day left before voting, PR organised a major ceramah in the quiet Felda town of Sg Buaya for PAS spiritual leader, Datuk Nik Aziz Nik Mat, to defend Zaid who has been repeatedly attacked for his drinking past.

To the disappointment of the 5,000-strong crowd, Nik Aziz was unwell to take the stage after having appeared at other events in the night, due to fatigue from a two-week pilgrimage to Mecca.

PKR de facto chief, Datuk Seri Anwar Ibrahim, the standard-bearer since nomination day last Saturday, was more energetic than usual, perhaps inspired by the massive turnout in light of the shabby presence of voters throughout his and PR’s eight-day campaigning trail.

Anwas labelled Umno as a racist and corrupt party. — Picture by Choo Choy May

Mixing humour and firmness, the former deputy prime minister went straight to blast Umno, the BN lynchpin, as a corrupt and racist party filled with politicians fattened by Malay largesse.

“Who are they enriching if not themselves?” Anwar raged to a thunderous applause.

“Why do you only want to elevate the Malays but at the expense of other races? We should elevate all of those below, people like you all,” he said while pointing to the sea of supporters before him.

Just as in the past, the Permatang Pauh MP slammed what he described as Umno’s attempt to silence him through intimidation and malicious trumped up charges, like the Sodomy II trial he was currently facing.

He said he has made enemies for wanting to introduce what is termed as “new politics”, a concept free of communal politicking and supposedly bottom-up, unlike Umno and BN’s top-down rule.

“So if you want this to change, you must help us give victory to Zaid,” he said, to which the crowd replied: “Boleh!” (Can!).

Zaid, who spoke after Anwar, added by lambasting Umno’s attack on him, which he said was character assassination and the way of the old.

Umno has been exploiting Zaid’s drinking past, particularly to the Malay voters within the parliamentary constituency. Malays form some 53 per cent of the electorate and majority are known to be pro-Umno.

But Zaid pleaded with the voters to not play Umno’s game anymore, saying it was time the electorate worked for change by rejecting BN.

The Hulu Selangor crowd was asked not to be ensnared by money politics. — Picture by Choo Choy May

“Yes, they gave you RM50,000 but that is not the solution,” the former law minister declared, referring to the cash handout given by Prime Minister Datuk Seri Najib yesterday to 100 Sungai Buaya Felda settlers as compensation for the failed promises of development.

“What they are doing is just to buy your votes. It does not solve the problems, I want to solve your problems,” said Zaid, appealing for voters here to give him a chance at serving them.

Also present were DAP’s Lim Kit Siang, PKR secretary-general Saifuddin Nasution and PKR vice-president Azmin Ali. Azmin was seen mingling with Zaid, in an apparent show that the alleged rift between them was concocted to divide and hinder the growth of the pact.

The presence of PR juggernauts indicates the pact’s earnestness in trying to retain the seat. Whether this will suffice to overturn BN’s favourable position remains to be seen.

But the often quiet and dark 3km road from the main entrance to the town was lit up as cars parked along the narrow route, eager to catch the “stars” after having missed their ceramah due to the time constraints of work-life.

PR is organising another slew of ceramah for the final 24 hours today, to secure every vote it can in order to hold on to the seat first won by PKR’s Datuk Dr Zainal Abidin Ahmad.

He had beat four-term MP Datuk G. Palanivel by a narrow 198 votes in Election 2008 but his death last month triggered the by-election. -TMI

70 quit PKR for Umno

Seventy Parti Keadilan Rakyat (PKR) members from the Batu 4 branch, Kapar, here quit the party yesterday to join Umno, claiming they had lost confidence in the leadership of Datuk Seri Anwar Ibrahim, who they described as a dictator.

Led by the branch head, Mohd Shahbuddin Hasbullah, they handed their Umno membership application forms to Sementa assemblyman Datuk Abdul Rahman Palil.

Mohd Shahbuddin said their decision to quit PKR was on the realisation that Anwar was not concerned with championing the party’s struggle, but to pursue his own personal agenda.

“Furthermore, the branch had not been active since nine months ago and therefore, the best thing to do is to return to Umno’s fold,” said the former Umno member.

Meanwhile, Abdul Rahman said he expected five more PKR branches in Kapar to be dissolved after the Hulu Selangor parliamentary by-election tomorrow. — Bernama

ENIGMA ON UNTAXED GOODS AT KDRM?

THERE is concern from the general public over the where about of the items of untaxed goods through smuggling that were confiscated by the Royal Custom in Malaysia, especially in Sabah.

What is the procedure on handling or the action taken to destroy the said item like cigarette, beer, alcoholic drinks and other items, and whether some of these items reappeared on the street and market?



This question was raised by the Member of Parliament Kota Kinabalu Dr. Hiew King Cheu recently in Parliament on the 15th of April 2010.

In a written reply, the Finance Ministry explained that all the confiscated items are destroyed following the instruction from the Director General of the Custom Department under Section 127(2) OF THE Custom Act 1967, Section 65(3) of the Excel Act 1976, and the Section 53(3) of the Sale Tax Act 1972.

To answer on whether the items like cigarette and alcoholic drinks confiscated by KDRM supposed to be destroyed had reappeared on the streets and the market in Sabah, the ministry said this is not true.

These items will be destroyed after investigation carried out and court proceeding completed, after this the items usually expired on their expiry date and cannot be used again. Therefore, there is no chance for the items confiscated by KDRM as mentioned to be resold and reappeared in the market.

The MP suggests that the KDRM should disclose and make public the confiscated items before the items were to be destroyed to show the transparency and accountability. The public should be invited to witness all these procedure when destroying the items following the list published.

On the alcoholic drinks confiscated by the KDRM which we saw in many news publications, these are the items that can be stored for a long time and with no expiry dates. We seldom see these items, sometimes in many lorry container loads that were confiscated being destroyed?

At least a thorough investigation is be carried out on what has been brought up, and take into account the fact that this does not just happened yesterday. This is affecting the business and the market as a whole.

If the untaxed and smuggled goods can flood the market in Sabah, there must be something that the KDRM did not do right. In Sabah, we can see illegal untaxed cigarette being sold openly in the streets among many other items. Thus, we call for a stiff action by KDRM to be taken to tackle the activities on illegal activities and it is urgent. -Sabahkini

Thursday, April 22, 2010

MYKAD FOR REFUGEES: JEFFREY CRIES FOUL

OPPOSITION strongman, Jeffrey Kitingan has accused Home Minister, Datuk Seri Hishammuddin Tun Hussein of fudging the issue of Filipino refugees in Sabah.

He said Hishammuddin gave a “non answer” in Parliament last week in his response to Kota Kinabalu MP Hiew King Cheu, who asked why the government was issuing the MyKad to the refugees.

Hishammuddin’s curt response to Hiew was to give the stock government reply; that only those qualified under the Federal Constitution are provided with Malaysian personal documents. He cited Article 78 of the National Registration Act 1959.



“He did not really address the issue,” said Jeffrey. “Locals know these people. They go around flashing their MyKads. This is like rubbing it in our faces.”

He pointed out that possession of a MyKad denoted Malaysian citizenship status and that not everyone, even if born in Malaysia, was eligible for it.

The bottom line is that when a Filipino refugee gets a MyKad without the need to go through the citizenship process like other foreigners, according to Jeffrey, “he or she automatically also enters the category of instant natives.” It would then be easier for these refugees to acquire native land and political power at the expense of locals.

Jeffrey said he was putting the home ministry and federal government on notice that the law prohibited the issuing of Malaysian personal documents to any foreigner in Sabah without the express consent of the state government.

“The question is whether foreigners in Sabah are becoming Malaysians with the consent of the state government,” he said. “If not, the state government has the right under the special provisions for East Malaysia in the Immigration Act to effect the removal of such persons to Peninsular Malaysia.”

Jeffrey, who is a PKR vice-president and chairman of CigMA (Common Interest Group Malaysia), suspects that the state government is being kept in the dark about the issuing of MyKads to foreigners. He said this could be because Umno was spearheading the state administration “or it could also be a case of local leaders not speaking up when it comes to state rights for fear of losing out personally.”

Why dumped in Sabah?

He added: “We would like to urge the federal government to stop the continued issuance of the IMM 13 document to refugees and their children. Instead, efforts should be made to repatriate these people back to the southern Philippines.”

Those sheltering under the IMM 13 category were in fact illegal immigrants given Malaysia’s non-recognition of the refugee category, he said.

Malaysia has ratified neither the 1952 Geneva Convention on Refugees nor the 1967 Protocol.Bestowing Malaysian citizenship status on refugees would be the height of irony, Jeffrey said, given that about 30,000 Sabahans are not Malaysians. Furthermore there are several thousand stateless people in the interior among the natives and an even bigger number wrestling with late birth registrations.

Jeffrey asked Hishammuddin to reveal whether any refugee on the peninsula had been granted the MyKad. He saw no reason why the Filipino refugees should be dumped on Sabah when those in a similar plight in Peninsular Malaysia, from Myanmar and elsewhere, were languishing in a legal twilight zone, “where they are not even allowed to work, unlike in Sabah.”

He suspects the Filipino refugees are being used to play an important role in “the re-colonisation of the state by the federal government,” which he said started in 1963. CigMA is pledged to reverse “the re-colonisation”.

He welcomed Hishammuddin’s statement that the granting of citizenship will be speeded up in a process that is not expected to exceed two years. “However, it must be stressed that Filipino refugees are not qualified for citizenship,” reiterated Jeffrey. “Perhaps this is why they are simply being issued with MyKads without going through the normal process for foreigners.”

Estimates vary, but one official figure places the number of Filipino refugees in Sabah at between 57,500 and 70,500.

By :JOE FERNANDEZ