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Food security is national security

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Sundaily Oct 23rd 2013

THIS is a land of abundant food. The melting pot of cultures has meant that we are spoilt for choice when it comes to mealtime and as a result many Malaysians have an expanded and rather critical palate.

But little thought is given to where our food comes from with regards to quality, safety and how it is produced.

Why should we be concerned anyway? Our supermarkets are well stocked, we have daily wet markets, weekly night markets in almost every neighbourhood and in some areas, a farmers market.

But how much of our food is locally produced?

Read about SEACON and food security here.

The fruit stalls bring in fruits from different parts of the world. We get strawberries from Australia, Fuji apples from South Africa, oranges from China and mangoes from Thailand.

Even fruit that can be locally grown is now imported, repackaged and sold to the consumer at a premium.

While for some, being able to buy food from all over the world is a bonus, is it a sustainable practice?

If we were to take away the transport costs, taxes, preservatives, pesticides, packaging, cold rooms and chilled reefer charges of goods that can be grown locally, would that not reduce the prices of certain food items, while limiting the ecological foot print, not to mention its effects on the nutritional value of produce.

Paying a premium for imported fruit, does not guarantee its quality. With the rising cost of food and the quality of our food imports, one has to wonder how a country with its roots in agriculture is now heavily dependent on food imports.


We tend to take it lightly but food security is a part of national security. If a country that is capable of growing its own food, cannot feed its own people or is at the mercy of global food prices, there is a serious problem.

While many countries chose the path of industrialisation, we should look at China which has maintained the importance of being somewhat self-sufficient in grains.

China's food policy is far from perfect with scares of fake eggs and contaminated milk. But we take the good which is, that the country is serious about its food reserves. This is not new understanding, storehouses are part of ancient wisdom.

This is because, food like water, is a basic need and becomes a pressure point which are vulnerable to strikes. Access to food and water has now become a strategic weapon of modern warfare.

We may not be in a state of war, but it does not mean we should be blasé about securing our land, rivers, dams and desalinations plants?

Over the years, oil palm plantations have taken over food farming in this country. The reason is basic economics – it yields more profit. Labour is also an issue. If there is no one to tend the farms, we cannot produce crops.

As it is we are hard pressed to find Malaysians working in local eateries, how much more difficult would it be to have local farmers in today's Malaysia?

That is why it's important to secure the livelihoods of our farmers.

We cultivated rubber and oil palm, but in doing so, we neglected our food farmers and we have little respect for our soil, choosing skyscrapers over food.

Our disrespect for the environment has also contributed to climate change where drought and floods affect food crops and food prices.


Even the fruits we produce locally – durians, bananas, papayas are expensive but chicken nuggets are cheap. It is not surprising that Malaysia tips the scale with the highest obesity rate among Asian countries. It's cheaper to eat processed food than healthy food.

While this is not a local phenomenon, eating healthy in Malaysia ironically seems to be reserved for the more affluent.

The government has tried to make the country self-sufficient in certain areas, for example, the establishment of the National Feedlot Corporation (NFC) which was meant to develop a sustainable Malaysian beef industry.

But that failed and it's not a forgiveable failure.

Putting the scandal of it aside, the country is doubly poorer because not only has it lost the money given to set up the NFC but years later, we still do not have a sustainable beef industry.

In 2008, when the EU imposed a ban on Malaysian seafood imports, the local fisheries industry suffered a RM600 million loss. Only then did the Agriculture and Agro-based Industry Ministry and the Health Ministry set up a food security bureau.


We may have the right intentions in setting up food security initiatives but we need coordinated efforts – between the different ministries and communities to ensure policy alignment that chastises corruption and cuts out the middle men, ensuring that nutritious and safe food is economically accessible to all.

The sooner we do this, the less reliant we are on food imports to feed the population, which is a very dangerous position to be in, and we need to be aware of the cyclical pattern that if basic food is too expensive, we will have an extremely unhealthy population which will in turn affect the progress of Malaysia in all aspects.

Comments: letters@thesundaily.com

Do Malaysia "really" benefit from trade through TPPA?

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The view of Malaysian businessmen and corporate people on TPPA is that of optimism.

As a trading nation dependent on import and export with other countries, they see the beneficial flow of revenue and hopefully the profit derived to their business from TPPA as good for the country. Anything good for business is supposedly good for the country.

The view is that Malaysian goods and services have a fair chance to enter foreign market without any more barriers. So matters with regards to consumer interest, "sovereignty", and Bumiputera rights (which is effectively pittance actually) pales in comparison to the benefit. 

Unfortunately, the benefit from TPPA is not as simple as commutative arithmetic law of 1 + 1 = 2. If badly put together, the country could not achieve that 2 and perhaps even end up with less than 1. The TPPA serves the MNC interest to penetrate market. It has been extensively written in this blog, so no point rewriting it. Just key-in TPPA in this blog's saerch engine.

However, it is not sufficiently convincing to opportunity driven businessmen and corporate man. Only when it affects their interest will they appreciate the problems with TPPA. It has to hit their wallet to wake them up from their over-optimism.

An article by SM Idris as publiched in The Malaysian Insider yesterday is along that line of caution:

Malaysia may lose RM5 billion from the TPPA – S.M. Mohamed Idris

Published: 24 October 2014

A new paper by a senior economist working in a United Nations agency has shown that Malaysia will not enjoy a net gain in terms of its trade balance as a result of joining the Trans Pacific Partnership Agreement (TPPA).  Instead, Malaysia will suffer a decline in its trade balance with the other eleven TPPA countries by nearly RM5 billion.

This finding provides another major reason why Malaysia should not join the TPPA.

From arguments put forward by the Ministry of International Trade and Industry (MITI), Malaysia will gain from the TPPA by being able to sell more exports to the 11 other TPPA countries.

Even if this were true, analysts and critics, including CAP, have argued that it is dangerous to join the TPPA because of the economic and social harm to our country and our people caused by other aspects of the TPPA.

This includes the TPPA chapters on intellectual property, investment, government procurement, competition and state owned enterprises.

These chapters will result in Malaysia having to change many of our policies and laws, causing harm to the public interest, including in areas of health, environment, distributional issues and political economy.

Even if the country enjoys a big gain in trade, it is not worthwhile sacrificing our loss of freedom and space to formulate our own policies, and not worthwhile to suffer so much damage to our economy and to our social fabric.

However, the new study shows that Malaysia will not even gain from trade if it signs the TPPA. Instead, Malaysia will lose by at least RM4.77 billion in trade terms, as our imports will increase by more than our exports.

According to the paper, if Malaysia joins the TPPA, its exports will increase to the other TPPA countries, but its imports from them will increase by even more, and thus the country will have a net loss in its trade balance.  The trade balance is the difference between the value of export and import of goods.

In 2013, Malaysia exported US$93.7 billion (RM307.3 billion) of goods to the other 11 TPPA countries, and imported US$73.9 billion (RM242.4 billion) of goods.  Malaysia thus enjoyed a surplus of US$19.8 billion (RM64.9 billion) in its trade balance with the 11 countries.

The new paper shows that after the TPPA is implemented, Malaysia’s exports to the 11 countries will increase by US$1.5 billion (from US$93.7 billion to US$95.2 billion).  But its imports will rise by more than that, i.e. by US$2.9 billion (from US$73.9 billion to US$76.8 billion).

Therefore, the balance of trade for Malaysia with its 11 TPPA partner countries will worsen by US$1.465 billion (RM4.8 billion). Its trade surplus will fall from US$19.84 billion to US$18.37 billion.

The meaning of this is that Malaysia will not gain in net terms from the increased trade as a result of the TPPA. As imports will rise faster than exports, Malaysia will suffer a net loss in its trade balance. The loss is significant, i.e. US$1.465 billion or RM4.8 billion.

This worsening of Malaysia’s balance of trade may even be more than the paper’s conclusion. This is because the paper assumes that Malaysia will be able to export more textiles and clothing to the United States, at zero tariffs and without any other impediment.

In actual fact, the US is imposing a 'yarn forward rule', where TPPA countries like Malaysia can only use yarn from other TTPA countries when producing textiles and apparel items. Thus, the cost of production of some of Malaysia’s textiles and clothing will be more costly as it will not be able to use yarn from more and lower cost countries like China.

Thus, the estimated increase in Malaysian exports of textiles and apparel items to the United States by about RM490 million (US$150 million) may exaggerate the gains for Malaysia.  If the increase of textiles exports is less than this RM490 million, then the loss in trade balance for Malaysia will be more than RM4.79 billion.  The loss could be more than RM5 billion.

The new paper, “Trans Pacific partnership Agreement (TPPA): Implications for Malaysia’s Domestic Value Added Trade”, is written by Dr Rashmi Banga, a senior economist working in the United Nations Conference on Trade and Development (UNCTAD). It is published by the Centre for WTO Studies as a working paper.

In estimating the effects of the TPPA on Malaysia’s trade in goods, the paper assumes that the TPPA results in zero import duties in the products of the 12 TPPA countries.  (This is a reasonable assumption as the aim of the TPPA countries is to eliminate tariffs on all or almost all products).

The paper can be downloaded here.

Other findings of the paper

The paper also has other interesting findings. These findings, and some implications of these findings are as follows:

* Due to the TPPA, many domestic companies and industries will face increased competition from imports. There is thus a danger that the market share and sales of local companies and industries will decline, and that there will be a loss of jobs for Malaysian workers.

* The paper shows that imports will increase by more than US$100million (or RM327 million) a year in a number of  products,  including  vehicles, iron and steel, plastics, boilers, rubber products, and tobacco.  For these products, 36%-85% of these imports will be new net imports, not just a change of the source of imports from non TPPA countries to TPPA countries.

* An example of the higher imports due to the TPPA is an increase in imports of cars and trucks from Japan by US$534 million (or RM 1.75 billion). This may have an adverse effect on the sales of vehicles that are produced in Malaysia.

* A large part of the increase in Malaysian exports will be to Vietnam.  However, even if Malaysia does not join the TPPA, it would eventually enjoy this increase in exports to Vietnam when the full ASEAN free trade agreement is implemented. According to the paper, 57% of Malaysia’s increased exports resulting from the TPPA are to Vietnam  (US$843 million out of a total US$1,486 million). This suggests that most of the export increase would in any case take place even if Malaysia does not join the TPPA. Thus Malaysia could enjoy the main gain that would have resulted from the TPPA without suffering the adverse effects of the TPPA, if it does not join the TPPA.

* Due to the TPPA, Malaysia’s trade balance with the US will probably decline by at least RM1 billion.  Malaysia’s exports to the USA will increase by only US$378 million but imports from the USA will rise by US$679 million.  Thus, in terms of trade balance there will be a loss of US$301 million (RM984 million). In fact the gain for exports for Malaysia will be less, because of the “yarn forward rule” which will reduce the increase in Malaysian textiles exports because that rule will increase the cost of production. Thus the trade surplus that Malaysia enjoys with the USA may decline by more than RM1 billion due to the TPPA.

* Although Malaysia’s gross export earnings will rise by US$1.5 billion, in fact there will not be gains in net terms or value added terms. This is because the TPPA will also increase the imports of components that are used as inputs into the exports, and these imports will displace some of the locally produced inputs. In terms of “value added” (what is produced and earned in Malaysia),  the TPPA will result in less value added of Malaysian export earnings. The loss in value added of Malaysia’s exports to TPPA countries can be as much as US$17.6 billion, according to the paper. Value added of exports is more important to the economy, as compared to gross exports, as it is a much better measure of the income (and also local employment) of the country.

The new paper seems to contradict the results from an earlier study published by the Peterson Institute which had predicted that Malaysia would enjoy large gains by joining the TPPA. One reason for the different results from these two papers is that the Peterson Institute’s study was based on different assumptions.

The previous study was on estimates based on Computable General Equilibrium (CGE) models. The new paper by Dr Rashmi Banga gives a critique of the assumptions of these CGE models which overstate the gains because of unrealistic assumptions, including that there is full employment that is maintained (and  thus no effect  of the TPPA on employment) and that there would be a constant trade balance before and after the trade agreement. The models are thus designed in a manner that the liberalisation resulting from the FTA will always lead to an overall gain.

Conclusion

The new paper has several conclusions which are very significant. One of these is that Malaysia will not enjoy net gains but will instead suffer net losses in trade in goods as a result of joining the TPPA.

This is a very disturbing result, with major implications.

It is clear that Malaysia will suffer very significant losses in other areas of the TPPA, including intellectual property, investment, government procurement, state-owned enterprises and ban or restrictions on export taxes.

It is the assumption that all these losses and damage to the Malaysian economy and society and to our system of political economy may be worthwhile because of the assumed enormous benefits for Malaysia from expanded trade in goods.

However, if there is also a net loss to the country’s trade balance due to the TPPA, then there is really no rationale at all to want to join the TPPA.

Given the new information, CAP calls on the Government not to join the TPPA and instead to exit from the negotiations. There is no reason to continue using the country’s scarce resources in taking part in negotiations that are expensive and that carries the high risk that the country will sign on to an agreement that is very damaging to the country’s interests. – October 24, 2014.

* S.M. Mohamed Idris is the president, Consumers Association of Penang.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.

Government and MITI should take note of this finding.

Though losing RM5 billion a year is hardly much for a nation whose total import and export surpassed RM1 trillion a year. The point that need to be noted from this study is that the export will increase but import will increase more. Increased import and export only benefit businessman but does not necessarily benefit the nation.

Another way to look at it is that in the longer term senario, the RM5 billion could further increase as our export amount lessen arising from productivity and competitiveness slides.

Taking account our domestic problems and weakness on labour, education, employment, skills, housing, technology and innovation, etc, honestly will it benefit the NATION? Yes, the nation and not a group of individuals.

There are issues with regard to independence in policy-making, immediate impact on items like drugs and medicine to consumers, SOEs, government procurement, SIO, investment, Bumiputera rights, state power and rights, etc.

The government's position seemed to project a certain exuberence for TPPA that it had sent a negative political messgae to the ground that it is a matter of when for Malaysia to agree and sign the TPPA.

The public will not realised that the choice of words in PM's last mention of TPPA at a recent business forum [read The Star here] was "actively pursuing free trade agreements (FTA) with several countries and negotiating the Trans Pacific Partnership Agreement (TPPA)".

Obviously government need to go along with the mood of a business forum and project optimism for Malaysia but they remain cautionary. Our media must be more responsible in their choice of headline on TPPA.

If there is such need for trading bloc or grouping, have Government and MITI consider BRIC? Read about in Wikipedia here.

Malay Reserve land: Peninsular's version of NCR land issue

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There is a forum today to be held today 2:00 PM at Dewan Ulama ISTAC at persiaran Duta off Jalan Duta Kuala Lumpur on the issue of Malay Reserve land. It is jointly organised by Perkasa and ISTAC.

The keynote speech will be delivered by Former Chief Judge, Tun Ahmad Fairuz bin Sheikh Abdul Halim and it will be followed by two papers by Prof Dato Dr Nik Zain bin Nik Yusuf, former KSU for Ministry for Land and Cooperatives and Director general for Department of Land and Mineral, and Dr Hasrol, Senior Lecturer, Department of Estate Management, Faculty of Architecture, Planning, and Survey, Universiti Teknologi MARA. 

Although Malay Reserve Land issue have been openly discussed in many other seminar and forum before and over the years, it is usually positioned in side session. It is far in between and resolution to the issue  have been muted. Not much progress made since acquired Malay Reserve could not be replaced by land of similar character.

At least, disputes on Native Customary land (seldom called NCR land) in Sabah and Sarawak, usually involving ownership claim, could revert to the Native Court for settlement. NCR land is  being championed by the opposition and there positive response from state government give attention.

Unfortunately, Malay Reserve issues have no serious champion and disputes left unresolved.


The problem with Malay Reserve Land is basically land acquired were not replaced and in place, the compensation has been insufficient. Construction of infrastructure, especially highways and property development continued despite unsettled resolution to disputes and court judgement ignored.

Ironically, the culprit were the UMNO-led government or GLCs. It is time the Royal Council of Malay Rulers and Government take a serious effort to establish a Royal Commission and address the problem in according to the Article 153 of the Federal Constitution.   


Those "pejuang" on Malay rights and interest should make the effort to come because an extensive effort to compile statistics and information had been done in the papers and exhibition. For those unable to attend, they can tune in to Mob.TV website for live stream.

Hopefully there is a serious follow-up after this.

The Enactment on Malay Reserve was introduced by the British colonial government in 1914 to preserve Malay ownership of land to perpetuity. Article 89 of the Federal Constitution specifically mention that Malay Reserve land to be cancelled or transferred must be replaced with land of similar character and size.

According to Auditor General Report 2013, there are 65 unresolved issue on Malay Reserve land in Pahang.

There is supposed to be 3 million hectare of Malay Reserve land. However, only 1.3 million hectare remained in 1965 and believed to be significantly lower.

There seemed to be no political will on the Federal government which is responsible to control, monitor and pressure state government to replace the land. On the other hand, it is common for landowner to have unrealistic expectations especially on land valuation.

It is time Federal government to take heed of the problem. If there ignore, the opposition will take up and claim ownership of the issue. They are committed than UMNO in championing issues but it s usually political desak-desak and disputing settlements.

It is not a serious effort to solve.

Unsworn statement from the dock is no evidence

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During his sodomy trial at the High Court, Anwar had read a 32-page statement, in which he said the sodomy charge against him was a political conspiracy. The High Court and the Court of Appeal, however, had dismissed it, regarding it as a "bare denial" of the offence.

Anwar's lawyer N. Surendran this morning cited six case laws in support of evidence from the dock. Surendran had been asked yesterday by Chief Justice Tun Arifin Zakaria to produce authorities so that the court could decide on the matter.

The lawyer told the judges that it was for the court to determine the weight to be attached when an accused person gave a statement from the dock.

"We hope the apex court will seize this opportunity to make a clear finding on unsworn statements given from the dock. At present, there is some ambiguity," he told The Malaysian Insider during a break at the hearing today. [Read the full MI report here]

Is there really an ambiguity?

During their three allocated days, Anwar's defense was still trying to pick on the issues relating to DNA and the rest of the 42 issues for the purpose to "create doubt", as said by Ram Karpal Singh. One doubt accepted could hopefully be sufficient to reverse the decision of the Court of Appeal (COA).

However, those issues of facts are supposed to be dealt with at the High Court and Cout of Appeal. The Federal Court only deal with issues on the Point of Law i.e. the interpretation of the law [read here on Point of law or Question of Law].

Thus for Tan Sri Shafee Abdullah's comment that all have been heard before.

Though there are Point of Law issues raised, it must have been dealt before and the precedent is voluminous. That explains Shafee's subsequent comment that only 15% are new and 85% are old.  So he had to spend today to give a submission to give the right perspective to answer the 42 issues raised by defense.


He will put new issues on Monday and Tuesday. To remind Anwar's supporters, the prosecution appealed for sentence longer than the existing 5 years. It could go up to 20 years.

Now, is the attempt by Surendran to raise a Point of Law on Anwar Ibrahim's unsworn statement from the dock filled with conspiracy accusation something new?

Unsworn Statement as Evidence


So, does unsworn statement from the dock, which are not cross examined by both sides, be accepted by the court as evidence?

Let's not play lawyer but hear what a lawyer has to say. Loyar Burok had an article written in 2011 [the link here] and extracts are taken below:
.... the right of Dato’ Seri Anwar Ibrahim, being an accused, to make a statement from the dock is not provided in anywhere in our Criminal Procedure Code or the Evidence Act. Rather, this is a common law right which originates from the English criminal law in the late 19th century, and which is now integrated as part of our criminal law.

As I stand to be corrected, this right is rarely exercised by any accused and thus there are few case law I can refer to. One of the earliest cases in Malaysia where an accused exercised his right to make an unsworn statement from the dock is that of Ip Ying Wah v Public Prosecutor [1958] MLJ 34. In the Ip Ying Wah case, Buhagiar J who heard the case held that when an accused makes a statement from the dock, he is not liable to any cross-examination by the prosecution team. Therefore, when an accused exercise this right, not only that he need not swear and give evidence under oath, he too will not be subjected to any cross-examination by the prosecution; a stage at which usually the credibility of any witness and/ or any contradiction in the testimony of the witness will be revealed.

Given the fact that the accused need not testify under oath and will not be cross-examined, should the statement of the accused then be admitted as evidence by the courts of justice?

Again, from my quick research, it appears that there are conflicting decisions on this issue. It is important to assess from two cases for the purpose of this article, namely the High Court cases of Wong Heng Fatt v Public Prosecutor [1959] MLJ 20 and Ng Hoi Cheu & Anor v Public Prosecutor [1968] 1 MLJ 53.

In the case of Wong Heng Fatt, at p. 21, Smith J who heard the case held as follows:
“I do not consider that a statement by an accused from the dock is evidence in view of the provision of s4(1)(a) of the Oaths and Affirmations Ordinance 1949 the essential part of which reads “… oaths shall be taken by witnesses, that is to say, all persons who… give evidence… before the court…”. Since the appellant was not sworn or affirmed he did not give evidence.” (my emphasis added)
Section 4(1)(a) of the Oaths and Affirmations Ordinance 1949 is now replaced by Section 6(1)(a) of the Oaths and Affirmations Act 1949, which reads:
“(1) Subject to section 7, oaths shall be taken by the following persons –

 (a) witnesses, that is to say, all persons who may be lawfully examined, or give or be required to give evidence, by or before any court or person having, as mentioned in section 4, authority to examine such person or to receive evidence.”
Then in the case of Ng Hoi Cheu & Anor v Public Prosecutor [1968] 1 MLJ 53, Chang Min Tat J (as his Lordship then was) disagreed with the view of Smith J relying on Section 3 of the Evidence Act 1950 which defines “evidence” as, inter alia, “all statements which the court permits or requires to be made before it by witnesses in relation to matter of fact under inquiry: such statements are called oral evidence…”.

It also pertinent to note at this point that the English Court of Appeal had in the case of Shankley v Hodgson [1962] Crim. LR 248 held that an unsworn statement from the dock is NOT evidence and the view of the English Court of Appeal and Smith J has been followed in Malaysia by Hishamudin Yunus J (now JCA) in the case of Public Prosecutor v Shariff Kadir [1997] 5 CLJ 463.
Weightage 


The article continues:
On the basis that an unsworn statement by an accused from the dock is not evidence, what weight should a trial judge attach to such statement?

In the Shariff Kadir case, at pp. 469-470, Hismamuddin Yunus J (as his Lordship then was) held as follows:
“since, as a matter of law, an accused cannot be cross-examined on his unsworn statement made from the dock, such a statement cannot carry the same weight as evidence given in the witness-box under oath…

[T]he weight that should be given to such a statement must be such weight as the judge thinks fit.”
Given the little weight to be attached to an unsworn statement by the accused from the dock, if any, vis-à-vis a statement from a witness under oath, it is no surprise why the English Criminal Law Revision Committee recommended that “nowadays the accused, if he gives evidence, should do so in the same way as other witnesses and be subject to cross-examination”. As such, the Westminster Parliament has abolished the right of an accused to make unsworn statement from the dock vide Section 72 of the English Criminal Justice Act 1982.

Following from that, judges in Malaysia too have called for the abolition of this archaic right (since the right has been in existence in England since late 19th century) including Hishamudin Yunus JCA in the Shariff Kadir case.
Denial under oath


The article see it as another Anwar Ibrahim's political game:
As a senior politician with a defence team comprising of the best and experienced criminal lawyers like Karpal Singh, I am surprised why Dato’ Seri Anwar Ibrahim chose to exercise his right to make unsworn statement from the dock where such statement should not (NOT that it will not) carry as much weight as, amongst others, Saiful’s (the alleged victim) statement. In order to persuade and convince the Learned Trial Judge to hold in his favour and acquit him, in particular in a trial which is deemed by the Opposition leaders to be a persecution rather than a prosecution,  why didn’t Dato’ Seri Anwar Ibrahim make a sworn statement which will, at least theoretically, carry more weight?

In the alternative, is this yet another move on the political chessboard? Is this a politically motivated move that will leave an avenue for the Opposition Leader to attack the judiciary as being biased should he be convicted? I do not know and I cannot say for certain. But one has to look at his statement from the dock.
Those following the case in the Federal Court would have been disappointed with leading counsel and ex-Federal Court judge, Dato Seri Gopal Sri Ram's easily debunked submission.

Essentially, all the days of arguments to raise doubts on DNA sample and KY Jelly stain; credibility of Saiful, Investigating Officer and Government Chemist; and Court of Appeal comes to none. Anwar Ibrahim had not denied sodomising Saiful Bohari under oath. 

Sri Ram may have joined the defense team for a reason or two. There is the believe that he has influence over his former colleagues. That may have contributed to  the hue and cry against Bar Council for their silence on Gopal's return as counsel. [Read MI here]

Many speculated that the strategy to create and raise the so-called 42 issues is for political deployment.

This case attracted support from the opposition (obviously), foreign government and NGOs coupled with the interest by 84 countries in the world supporting Sexual Orientation and Gender Identity (SOGI) rights [read in Amnesty International here ] i.e. LGBT as part of Human Rights.

On the other hand, there is room for religous rights as made at the Cairo Declaration on Human Rights in Islam (1990) [read here].

Interestingly, the article ended with this statement:
And let us not kid ourselves, whilst our judicial system and us do not judge by oaths or swearing, any faithful follower of any religion will fear to swear in the name of God unless he/ she is telling the truth. The man has previously refused to swear in a mosque and the same man is now refusing to swear in the Courts of Justice. Are we not going to ask ourselves why? Perhaps, the fear of God?
The judges could give a little weight to his denial out of domestic and foreign political pressure. Furthermore, he did plead not guilty.

However, the judges could hardly give much weight to the issues he raised which was not cross examined. It does not take a Shafee to debunked his conspiracy theories. Thus, it could imply his denial are faulty or merely as "bare denial".  

Rest my case, Anwar. Avoir ....

Kalimah Allah set-up at KLIA 2

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DAP is in the midst of an onslaught on AG, Tan Sri Gani Patail and Minister in the PM Dept., Dato Nancy Shukri to pressure for the prosecution of Dato Ibrahim Ali. The motive is not to have Ibrahim prosecuted, but to seditously burn the religous sentiment of Christian Sarawak voters.

The case is weak but the weaker the case, the easier to up the dissatisfaction of the Christian majority in Sabah and Sarwak against the government led by Malay Muslim in Semenanjung. An incident at KLIA 2 recently gave them the oppurtunity to play up the Christian sensitivity in religiously tolerant Sabah and Sarawak.

However, the link and questions surrounding the incident points to a set-up. Despite government getting blamed for conspiracy against Anwar, this attempt is a cnspiracy against government. It is a set-up seemed most likely linked to PKR and STAR.

Last Saturday, October 25th, hundreds of Malay Christian compact discs (CDs), and printed material  containing the word “Allah” were reported by pro-opposition media as confiscated from a Sabahan, Maklin Makiau at the Kuala Lumpur International 2 (KLIA2) airport in Sepang.

Maklin was on a stopover in KL from Medan heading for Kota Kinabalu airport. His luggage of Christian paraphenalia was meant for the upcoming Christmas celebration.  


The incident was immediately uploaded by Maklin on his FB [here dated Oct 25th] and picked up by an expectedly friendly blog [here dated Oct. 26 here].

The above is the notice of seizure. He seemed prepared to viral his case, but it is normal for bloggers, FBers and media people. However, is it for a Pastor?

It was Malay Malay Online that first made a report on Oct. 30th [read here]. The report was only based on an unnamed source.Who could that be?

Propaganda M.O.

The standard pro-opposition propaganda Modus Operandi is to have other pro-opposition media - MI, FMT, Mkini and other blogs - spread the news and followed immediately by comments from PR leaders to make it viral.

Naturally, The Catholic weekly, Herald issue, in which the last episode was exactly one year ago, was revived. They used the opportunity to remind KDN to return seized material made in 2008 [read FMT here].

One of the early respondent was YB Dr Ong Kian Meng, dubbed by Helen ang as part of the Evangelical hidden hands in DAP.  He linked the incident to the much talked abut 20 point agreement of Sabah [read MMO here].

Pastor Maklin may have picked up the same point to say the same later [read MI here].

If only BN media and propagandist could see how predictable their methodology is, they could device a method to counter allegations and viral issues strategically.

Undercurrent

Alas the comments with political implication must be that from BN's PRS President Tan Sri James Masing. He has a historical past with an Iban nation ambition and the present undercurrent in BN Sarawak politics involving PRS, SPDP, SUPP, Teras and UPP [read MI here].

The infamous Bintulu MP and stranded President of SPDP, Dato Toing had his former President and many of his "wakil rakyat" off to Teras.

The advisor for Teras and SUPP's former taiko, Wong Soon Poh is leading a party expected to brings in the influential Foochow members of SUPP.

James Masing had long yearn to be the Iban CM of Sarawak

Not to be left out is comment by another Minister in the PM Dept, infamous for the controversial NUCC, Sabah's Tan Sri Joseph Kurup. He is a lucky survivor of Sabah politics but could never be trusted.

Set-up


The official communique from Home Ministry today raised a suspicion. Quoting from Astro Awani report [read here] is the following:
"Usually, for items on transit, the baggage will be transferred into the aircraft directly without the need to bring them into the main terminal.

"In this regard, a detention letter to review the consignment was issued to the carrier to ascertain if the publications were actually being brought to Sabah."
Why would Maklin take the trouble to check out and re-check in 574 books (133 titles), 419 CDs and five DVDs at KLIA2? The story must be better than just blaming and belittling Air Asia because Maklin's description in his FB smells of over acting.

Maklin was given a detention order on Oct 25th to review the large consignment. MMO report today [read here] from Bernama mentioned:
The seized books, CDs and DVDs were handed over to the ministry on Oct 27 and the letter of detention to review the consignment was dated Oct 27, 2014, it added.

The statement said a review found the publications seized at klia2 containing the word “Allah.”

“On Friday (Oct 31), the ministry checked the consignment with the bearer and it was explained that the materials were brought to the main terminal as the carrier needed to check-in the baggage and flight to Sabah.

“Initially, the bearer said the materials were for his personal use but he later said they were for use in a church in Sabah,” it said.
Who would not check?


However, why would Customs be so obtusely stubborn despite his justified explanation? Home Minister Dato Zahid Hamid blamed on the poor judgement of the Customs [read MI here] but there is no need to say Customs falls under the jurisdiction of Ministry of Finance.

Still, there is something more sinister than Custom's poor judgement. They may have been in the know of the content. Maklin brings the content to them and they seize it accordingly. 

With many government officers inside are mole for the opposition, it can't be ruled out that the Custom officer are moles for opposition. It is an act of sabotage to make government look bad and fire up the anti Semenanjung Malay Muslim among Sabah and Sarawak voters.

Subversion


A quick search reveals that Maklin ran under the banner of STAR [read here].

STAR is lead by Dato Dr Jeffrey Kitingan who has an obsession to take Sabah out of Malaysia. They are willing to work with any party to achieve their Borneo Agenda. That explains for Maklin quickness to linked the issue to the 20 point agreement. 

However, Jeffrey's Borneo agenda is for cessation. In the past, it only prevail in Sabah. This time via United Borneo Front, it has spread such thoughts into Sarawak.

One keling batu api is Hindraf's Waythamoorthy himself who advised them to raise the issue to UN. There is also Ambiga, Harris Ibrahim and all 6 Bar Council lawyers activist.

It is one convenient way of weakening BN in Sabah and Sarawak.

Another is to stir up Christian religous sentiment. In the past, interfaith issues is not a problem in Sabah and sarawak. Issues in Semenanjung hardly bothers them. Off late, the subversion of Jeffrey and his outfits are making interfaith issues in Semenanjung spread to Sabah and Sarawak.

The more suspicion that the Maklin incident at KLIA 2 is a set-up.

In the meanwhile, splitting up East and West Malaysia has be long been suspiciously anticipated as the covert work of the US for a strategic positioning in the South China Sea. China's ambitous 10 dash line plan is making them nervous to see the international South China Sea lane fall into China's control. 

Jeffrey may have left PKR but he and Anwar Ibrahim have long been strange bedfellows. Jeffrey wants Sabah out of Malaysia and Anwar wants to suck the American toe. For Anwar, first must be to weaken BN's fixed deposit. Thus, PKR voices can be heard too [read MI here again].

Interesting that Baru Bian mentioned "a calculated intimidation" by Customs. Still wondering who was the unnamed source that alerted MMO when Maklin was reported to refuse from being contacted. 

The stench of a set-up reaches to high heaven but there is no more ISA to stem the subversive going ons. Whose fault was that?

Updated and edited: 12:30 PM

"Suka sama suka", or sexual harassment?

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Sorry to get your spectacles smogged by the heavy breathing scene between Demi Moore and Michael Douglas in this 1994 movie, Disclosure.

Set aside all the highly technical stuff on DNA, collecting sample, tampering of samples, arresting procedures, etc., one aspect of Federal Court appeal in the sodomy case of Dato Seri Anwar Ibrahim reminded us of this scene.

Was it a case of  'suka sama suka" or sexual harassment? It is easier for the public to chew and discuss.

Dato Gopal Sri Ram's submission claimed Saiful was a willing sexual partner. He repeated the same"suka sama suka" claim by the late Karpal Singh and Bar Council President, Christopher Leong. The reason being Saiful voluntarily brought over the KY Jelly, stayed after to eat karipap with Anwar, and returned to office the next day before making the police report the following day. [Read M'kini here]

Many applied simplistic logic to argue against the possibility of "rape". Anwar can't possibly force himself on the sturdy and stronger young man. Tan Sri Shafee Abdullah gave a reply on Friday,

Sexual harassment

He said it is not impossible in a sexual harassment case between an employer on an employee.

In case some would think that sexual harassment only occur involving man sexually harassing woman, it happened between a woman over a man in the movie.

It could occur between a man over a man. See the You Tube of this leading gay congressional candidate case over his male staff here.


The following scene from Disclosure is a classic and helps too understand that sexual harassment is not just about violent sexual urges but power:


Shafee argued as reported by Mkini on Friday, below:
10.10pm: Shafee spells out Saiful's duty as Anwar's aide.

"Saiful (left) goes everywhere to the accused, Singapore and Hong Kong and was given an allowance, where he followed the accused," he says.

All this, Shafee says, despite Saiful being a university dropout.

"Anwar also gives him a Brioni suit, which I do not have. Why should Anwar maintain such a relationship (with Saiful)," he asks.

10.15am: Shafee says after trying to arrange the day's schedule, Anwar asked Saiful, "Can I f**k you today?"

This showed their intimate relationship, argues the prosecutor.

"Saiful was reluctant and Anwar got angry and they went to the master bedroom and it was there where they did it," he says.

10.25am: Shafee says Saiful demonstrated (the physical act) at the scene when the trial judge visited the condominium.

He further relates the sodomy incident, detailing how Saiful was asked to hold Anwar's penis and put it into his anus where he had apply some lubricant.

"Anwar was very rough and he sprayed his (air mani) semen into me," says the prosecutor, quoting Saiful.

10.28am:Shafee says Saiful complained of pain in his anus and stomach.

Although Karpal put to Saiful that the incident did not happened, the prosecution star witness maintained it did.

10.33am: Shafee argues that Anwar is not an ordinary appellant as he is charismatic and capable of influencing a young boy.

He says that after the sexual act, Anwar advises Saiful to also not to ignore his prayers.

"This shows they were cordial and this shows the ring of truth. Saiful admitted he was afraid of Anwar," he says, adding that the conversation happened when they were having coffee and curry puffs.
'Juicy'

The description got Anwar pissed as Malaysiakini reported [read here] him saying Shafee being 'juicy" than legal. Today, he used court proceeding to expand the point further.

In Malaysiakini today [read here], Shafee expanded it further:
11.45am: Reading from Saiful's testimony, Shafee says the alleged victim could not stand it anymore.

He repeats the portion of Anwar ejaculating inside Saiful as before and that the latter felt pain every time the sexual act happened.

The prosecutor says to understand the context of the KY jelly being used, all this has to be taken into context.

"Why shower him with gifts like expensive suits, as this was given as he (Saiful) was dominated by the appellant.

"These gifts are necessary and the court should see Saiful's testimony on the context (of past incidents)."

 11.55am: Shafee notes that when Saiful says he ‘tak rela’ (unwilling), what he means is that he could not stand it anymore.

"Saiful says it was done without his (kerelaan) (involuntary). Saiful lodged the report after two days as a result of him being in a predicament," he says.

Saiful, he adds, could explain the way he was sodomised.

"It is not the first time it happened. It could have been ‘rehearsed’ before," he says.
Stockholm Syndrome

Lawyers for Liberty twitter reported:
Saiful could be suffering Stockholm Syndrome.
That was the first time such term was heard to described what happened to heiress to the Hearst media mogul family fortune, Patricia Hearst.
Stockholm Syndrome (or capture bonding) is a psychological phenomenon in which hostages express empathy and sympathy and have positive feelings toward their captors, sometimes to the point of defending and identifying with them.
Over few months, it is not possible for Saiful to be in such psychological stage but bear in mind, Saiful and family had such a high regard for Anwar since his childhood.

He is captivated and hero worship Anwar that it was difficult for him to finally say no. So the Disclosure line, when does no means no. Saiful finally had the courage too say no and made the police report two days later.

These possibilities are not for prosecution to prove because it was raised by defense to create doubt.

Guilty?


Coming back to 'suka sama suka', Section 377 of the Penal Code reads:
“377A. Carnal intercourse against the order of nature - Any person who has a sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature.”

“377B. Committing carnal intercourse against the order of nature - Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.”
Section 377 exist in some 42 Commonwealth countries [see Wikipedia here]. Recently, Singapore insist the law to remain despite pressure from the glaringly open LGBT community in Singapore to repeal the law. Bar Council should start there than Muslim majority and religion conscious Malaysia

Anwar is charged under Section 377 B, so why did Karpal Singh, Christopher Leong and Gopal Sri Ram admitted to Anwar's homosexuality?

Obviously, it is easier to turn 'suka sama suka' into a conspiracy filled political rhetorics. They could recycle the old accusation that Saiful was a trap set by BN.

Oh well ... there is also that Lee Kuan Yew remark that Anwar knew of the trap and walked right on the target with his dickens right into the tumeric pot.

SIS is sesat

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The Fatwa Committee of Selangor announced their July 14th, 2014 fatwa that SIS Forum (Malaysia) Berhad or usually referred to as Sister in Islam (SIS) is deviant and has astrayed from Islam.

In other words, they are sesat.

By right, Sister in Islam should be abbreviated as SII. Now it is clear why they referred themselves by the acronym, SIS. It is only appropriate.

Islam does not have a hierarchy like Christianity does, but like any religion, the authority lies with the learned elders.

Although the Sunnah Wal Jamaah, or Sunni in short, practise consensus through such institutions as Fatwa Council, those without knowledge and do not diligently practise Islam could not be accorded the authority.

Religion is not based on democracy but authority of knowledge. The religious authority is only encouraged, but it may not be necessary, to engage such deviant groups, especially the steadfast and stubborn like SIS.

Legal authority

In reaction, former SIS President, Zarina Anwar filed for judicial review in court. It means they are seeking a civil court to overturn the decision by the state Fatwa Council through a judicial constitutional review.

It is a futile attempt and she is bound to lose.

Will it mean a non Muslim judge will overturn a fatwa ruling by learned Mufti with knowledge and authority? It does not make sense.

Islamic religous affair falls under the jurisdiction of the Syariah Court that was provided for in Article 121(1A) of the Federal Constitution, to deal with matters of state Islamic law. And, Syariah Courts does not merely deal with family law.

The special position of Islam is enshrined and protected under the Federal Constitution. No other religion is specifically mentioned in the Federal Constitution except Islam. Article 3(1) proclaimed Islam is the religion of the federation and not official religion as DAP would intentionally refer to as to misled the public.

Islam is specifically mentioned in other parts of the Federal Constitution such as Article 11(4) on the restriction in propagating of other religions to Muslims; and Article 12(2) allows the federal and state government to assist Islamic institutions. This include funding for Islamic schools, which is of a higher priority for funding under the constitution than Chinese school.

Sibu MP should understand the Federal Constitution before making the false accusation that Islamic Schools promote racism. It is not a racial based school system, like vernacular schools, to be accused for such. Surely Bible School has no relation to any race.

Islam is the religion of the majority and it's institution are empowered under the Constitutions. The institutions provide for structure and consistency in the practise of Islam in Malaysia.

The Fatwa Council is there to address issues on matter of hukum or others ambigious religous issues. In the issuance of fatwa it has to be based on clear references to the Quran, Hadith and ulamak interpretation as stated in accepted kitab. Mufti is empowered to issue fatwa. He is appointed by the ruler from among those conversant and knowledgeable on Quran, Sunnah and various branches in Islamic knowledge.

Surely interpretation of Quran is not as simple as literal translation by some former banker, who takes up Arabic lesson and simplistically rejects the sayings of the Prophet, while silently amongst his social media group, insult and demean the Prophet. An important part of faith is the belief in Prophet Muhamamad. Disrespecting the Prophet is similar to disbelieving the message brought by the Messenger of Islam from Allah.

Fatwa Council have important role to play for the Muslim public in providing clarity, uniformity, settlement of differences and dispute, unity and brotherhood (or sisterhood), gazetting fatwa into law and regulations, and point of reference.

In Malaysia, the majority of Muslims adhere to Mazhab Shafie. However, other Sunni Mazhabs are allowed. So does certain Mazhabs of Shia and acceptable Sufi teaching. One has to be learned and understand the any other Mazhabs and groups in Islam.

Sesat 

The Fatwa Council have authority, both knowledge-wise and power-wise, to announce certain teachings as deviant as the case for Liberal and Plural Islam being spread by groups like SIS, IRF and etc.

Liberal Islam are Islamic teachings that have been adulterated by liberal western psychology that they seldom negatively perceived and criticised the traditional Islam practices as backward and old fashioned using a western frame of mind.

The western liberal thoughts can be oftenly heard as expresses in their openness and their version of a more progressive Islam. Partly, it bores out of their inferior complex from the western education or living experience.

Most of the time they fail to learn and understand Islam's own thinking and philosophy on any matter of discussion and seek a simplistic explanation based on their own derived logic.

While, Plural Islam see all religion as the same, which is heretic in Islam. The statement of faith says no religion but Islam, Muhammad is our Prophet but Plural Islam see nothing wrong with adapting to other religions' practises.

They claim it as diversity but Islam's has it's own diversity to enable adaptability. Not the unbridled diversity they yearn. Islamic diversity is on matter of ritual and practices but it strictly preserve aqidah (faith).     

The recent rejection of Indonesian Islam Liberal thinker Ulil was also an example of how gullible Liberal and Plural Islam followers are. The person fake his Phd when he hardly has a first degree.

While there should be room for independent thinking and self review i.e. ijtihad but not by ex-banker or ex-reporters or sociology Phd holder or lawyers, who hardly adhere to the 5 times a day or other practices in Islam.

It is one thing to not practise Islamic rituals but it is something else to start saying what others are doing it wrong and trying to propagate it.

For that matter, sufi practices that is so lax in their prayers, fasting, ibadah and avoiding the forbidden could be deviationary. Allah is a loving god but other chacteristics of Allah can also be found in the sifat 20 or Asmaul Husna (characteristics of Allah).

It boils down to knowledge need to be practised. How could one be doing a review without first embodying the religion into one soul. Unless one practises Islam, only can one embody the spirituality of Islam and develop on existing body of knowledge and practices.

Those doing self interpretion or learning without a guru (teacher) will end up being misguided.

Knowledge need to expand and past mistakes should be corrected but not by sweeping observations without in-depth understanding. Off course, faith is a personal issue but any diverging ways should be kept private and not to create confusion and disruption on the faith of the masses.

Such thinking should not be allowed to propagate to provide the spiritual stability to the masses. When such group dedicate themselves to disrespectfully provoke the establishment, they are pushing the envelope of tolerance.

SIS in Islam started out emanating from a group of women without Islamic learning fighting for Muslim women's rights by questioning the inefficiencies of religious authorities.

Subsequently, they grew to question other aspect of religious authorities. The funding from western foundation made them venture into Liberal and Plural Islam by interpreting Islam from the western secular perspective. They adopted the western human rights as their crying call and associated themselves with anti-Muslims political groups to become political.

SIS is not a new way of looking at Islam or a progressive Islam but a vehicle to question and being disrespectful of traditional Islam. They have become the platform for orientalist theological invasion into the faith of Muslims in this country.

They are confirmed sesat!

 

Dr Chandra, you presume?

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NST published an indirect defense of SIS is Sesat today with an article by Dr Chandra Muazaffar. Can read here or at the end of this posting.

One can naturally expect an intellectual like him to ask to hear and open up to new ideas such as Liberal or Plural Islam. We should understand liberalism and pluralism in many different context and not just the context MAIS has decided upon.

Typical of intellectuals, he will get definitive and insist on the accuracy in the terms. Naturally, he will give a wholesome societal outlook in sync with his discipline as sociologist.

Our point remain and on that basis, we will disagree.

It is not about closing our mind and thoughts to new ideas, thought and pursuit of progressive or justice or knowledge.

The intellectual can continue to talk and talk. The can continue to attend and discuss at endless seminars, forum, convention, colloqium, and whatever terms they described their gathering. Usually they will not come to any sort of agreement and any progress to a common agreement will take time and years.

For the common folks that need immediate spiritual answers and guidance, they cannot be attending such gathering of the learned and wait for them to progress from definition to the next many steps before they deal with the problems in hand.

There has to be an authority that provide them the consistency in at least the rules, procedures and dons and don't of the religion they profess.

As far as we see, Dr Chandra is not equipped with the discipline, training and practise to question those with  authority on religous matter.

Nevertheless, he can continue to talk and express his vision of the utopian society he aspire in closed doors and among his peers but for the common folks, live has to go on and their spiritual life cannot be left in a state of confusion and indecision.

Lastly, the Mufti and experts in the Majlis fatwa and religous authority is where lies the responsibility as the custodiam of the religion.

Custodianship applies to all religion; with the church hierarchy, and other man of cloth in other religion. It cannot be left with a bunch of people without the decisiveness and authority to decide on religion matters.

Most important, they are responsible to preserve the faith of the believers. That responsibility is something the exploratory intellectual has none.

The importance to preserve the masses cannot be undermined.

In the story of a sufi wali Sheih Siti Jenar of Wali Songo fame, he willingly offered himself to beheaded for his difference in view to preserve the faith of the masses for that purpose. Read here.

Do our intellectual dare to put their neck on the chopping board to take responsibility for the faith of many. Western human rights leaning SIS will be the last to be willing to be responsible.

As far as Islam Liberal, it has long been explored and studied.

It does not matter what the exact definition for liberal is but Islam Liberal is the branding for that line of thinking and it is deviant. Read the National Fatwa Council here.

There is no two way about it.

Dr Chandra is being presumptous to assume the authority do not know what they are talking about. His article below:
Understanding liberalism, religious pluralism

By Dr Chandra Muzaffar - 6 November 2014 @ 8:13 AM

THE fatwa issued by the Selangor Islamic Religious Council (Mais) and gazetted on July 31 declaring any person or group “professing liberalism or religious pluralism” as “deviants”, raises some troubling questions. The group, Sisters in Islam, was specifically named in the fatwa.

To establish that one has become a deviant through alleged adherence to “liberalism” or “religious pluralism”, the authority concerned has to show convincingly how these two ideas contravene the essence of Islam. To start with, Mais must be aware that the term “liberal” appears in the fourth goal of the Rukun Negara, our National Charter. It says that the goal is to ensure “a liberal approach to her (Malaysia’s) rich and diverse cultural traditions”. In its description of this goal, the Rukunegara speaks of a society that is “free to choose religion, custom and culture of their own in line with the interests of national unity”.

It is obvious from the Rukun Negara that it regards “freedom” and the “right to choose” as essential to a liberal approach.  Freedom and the right to choose as values are in line with Islam as long as their exercise does not contravene the essence of faith. Indeed, the Rukunegara as a whole, both its goals and its principles — as pointed by the late Islamic scholar, Ustaz Abu Bakar Hamzah — reflects the spirit of Islam.

There are other values associated with “liberalism”, such as freedom of expression, free and fair elections and the right to private property, which are also integral to Islam. True, extreme individualism and the untrammelled accumulation of wealth, which are also sometimes defended in the name of liberalism, have no place in Islamic thought. If these aspects of liberalism are the reasons for Mais’ unhappiness with certain groups and individuals, it should say so and provide evidence to show that they have been propagating such ideas. Mais should enter into a dialogue with them and convince such advocates of liberalism that their views create more harm than good to society. That is the solution, not branding them as “deviants” and banning their writings and activities.

Turning to religious pluralism, the concept has different meanings. Many Islamic scholars equate religious pluralism with religious diversity. For them the harmonious coexistence of the followers of different religions within a specific setting would be an example of religious pluralism at work. They also recognise that while conceptions of the Transcendent or God differ from religion to religion and are unique and distinctive practices associated with the various faith communities, there are also certain values and principles that they share in common. Living in harmony with nature and the environment, protecting the integrity of the family as the basic unit of society, respecting one’s elders, ensuring that leadership is virtuous and adhering to moral precepts in economic activities would be some of the values and principles that are embodied in all religious philosophies. Accepting similarities at one level while acknowledging differences in other spheres is what defines religious pluralism.

These notions of religious pluralism are more than compatible with Islamic teachings. That there are different religions and moral codes is a reality that the Quran accepts (109:6). Knowing one another in the midst of this diversity is also a Quranic principle (49:13). Indeed, Allah had deliberately created such a diverse human family to see how we would treat one another, which the Quran regards as a test of our spirituality (5:48).

Why then is Mais uneasy about religious pluralism? Perhaps Mais does not view religious pluralism through the same lens as many of us. From past pronouncements, Mais, like a number of other Islamic groups and individuals in Malaysia, tends to highlight a particular interpretation of religious pluralism that regards mutually exclusive ultimate truth claims in different religions as equally valid. Of course, for the overwhelming majority of Muslims, this is not acceptable.

Tawhid (The Oneness of God) in Islam and the Trinity in Christianity cannot both be “equally valid”. Likewise, reward and punishment on the Day of Judgment in Christianity and Karma in Hinduism cannot both be equally valid.  If religious pluralism means accepting the exclusive truth claim contained in each and every religion as valid, most people would reject religious pluralism.

There is no reason why Mais should equate religious pluralism with an interpretation that has so little support among religious adherents of whatever hue. Mais should not use this minority interpretation of religious pluralism to label any group or individual as “deviant”.

It is not just Mais. Some of the highest officeholders in Malaysia have also been equating religious pluralism with this interpretation, forgetting that there are other more popularly accepted interpretations of religious pluralism compatible with Islam and all other religions. By rejecting religious pluralism because of this interpretation, they have unwittingly given the impression to people everywhere that Malaysia does not accept religious diversity. This has tarnished our image and sullied our reputation as a nation when in reality, Malaysia celebrates religious diversity as few other nations do. This is why it is imperative that religious authorities and political personalities cease to interpret religious pluralism as the acceptance of the truth claim in every religion and instead view it as the acknowledgement of religious diversity — which is what Malaysia is all about.
Just wondering the motive of NST's defense of SIS in the light Tan Sri Johan Jaafar's son's vocal demand to remove the Sedition Act.

"Hindu water", Val Paari and National Unity

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Muslim Consumer Association (PPIM) raised an issue of the picture of Lord Murugam statue at Batu Caves on Cactus brand mineral water.

It is something normal to promote interesting places for tourist. Maybe it is not common to them that house of worships for tourism promotion in consumer products but TDC do.

Before anyone start ridiculing PPIM or practise to seek halal certification on water and ice cubes, appreciate that it be stop. 

To each religion his own.

In defense of PPIM 

While we may not agree with PPIM, making fun of the incident is similar to ridiculing the practices of our religion and the precaution undertaken to ensure our food are spiritually clean and pure by Islamic standard.

Anwar's lawyer Eric Paulsen insulting remarks on PPIM and questioning water's halalness in his twitter as extremely rude, insensitive and insulting. This is a Muslim matter and as non Muslim, he has no business to comment.

The comments hurled at PPIM has an underlying intention to smash any NGOs voicing Malay and Muslim majority concern.

PPIM have done great work in this area of Muslim consumerism.

Non Muslim may not understand but ensuring absolute halalness matters to those tahfiz students who study and memorise the Quran. Somehow the Quranic words does not stick in the memory when the body is not pure.  

PPIM have exposed many occasions in which food manufacters or service provider have been complacent and negligent on cleanliness and halal practices. They cannot be blame whenever they border on paranoia.

In fact, we have avoided the Spritzer, Cactus and Petronas station's generic brand of mineral water after knowing from Internet and social media sources that this company source their water near a Chinese cemetary.

Hope the Chinese undertand. The Fiqh Kitab that we learned from says consuming food from trees on a Muslim cemetary is makruh. Let alone Chinese cemetary. More so, the company's denial and explanation has yet to convince us.

Something should be known. Muslim in Malaysia have not been unnecessarily strict. If a more stringent halaalan toyyiba (clean and pure) practise is insisted on, non Muslim would not be able to have a piece of the halal food business should toyyiba be strictly enforced.

Being sensible

Nevertheless, on the Lord Murugam picture issue, there is also the other side of the coin. It is only a picture and not temple holy water.

Val Paari is not one politician we would trust the faith of BN on but on this issue, his view in the Malaysian Insider on this, save for his article title and comment on PPIM or Sedition Act, is sensible.
I know a foreigner who converted to Islam and when I asked him the reasons for doing so, he told me that he was inspired after reading an English version of the Quran, which in a nutshell, he described as promising man that whatever nonsense happened, something good would emerge in the end.

I was reminded of this conversation after reading about the objection by a Muslim consumer association over the placement of an image of the Batu Caves temple with its immense statue of Hindu deity Lord Muruga on mineral water bottles next to the “halal” logo.

The company had done this as part of a tourism drive featuring significant and iconic destinations in Malaysia.

I find the objection to be utter nonsense. And for the “something good” which emerged from this is that Hindus have been alerted about the issue.

Being a Hindu myself, I am outraged over the placement of the image of Lord Muruga on the bottles which will end up in the rubbish bin after the contents are consumed.

I would be similarly upset to find the images of other iconic places of worship in rubbish bins.

However, I do understand that the company embarked on the campaign with the good intention of promoting Malaysia's tourism spots.

Perhaps the Muslim consumer group should also file a police report against the Tourism Ministry for citing Batu Caves as among the locations to visit or perhaps even exclude non-Muslims from tourism paraphernalia.

As for the argument that putting the image of Lord Muruga next to the halal logo might “confuse” Muslims, it clearly shows how “confused” this consumer group is about the faith of Muslims.

Its argument only serves to belittle Muslims by giving the impression that after drinking from the particular mineral water bottle, a Muslim might resort to carrying the kavadi during Thaipusam in a state of “confusion”.

I strongly believe that the time has come for the government to repeal the Sedition Act and replace it with a Stupidity Act to rescue our beloved nation from being ruined by ignorant imbeciles.

I was also deeply disturbed to read about the recent protest over the construction of a church in Sunway.

I view these recent incidents as a sign of desperation among those who realise that race and religion can no longer be used as tools of control.

It is said that when a creature is under attack, that is when it is most ferocious. Similarly with moderate voices seemingly gaining ground, the conservative and narrow-minded forces are clawing for survival.

On the posters to encourage foreigners to visit Malaysia, our nation is portrayed as a land rich in diversity where people of all races and religions live in harmony.

But unfortunately, Malaysia is now making international news for being a land rich in intolerance with the constant playing up of an "us versus them" agenda between the Muslims and non-Muslims as well as Malays and non-Malays.

However, it would be foolish to think that change can be stopped. – November 6, 2014.
National Unity

As for repealing the Sedition Act and replaced by NUCC's non-sensical National Harmony Act, hold your horses. It is not that simple.

The replacement act must be drafted first.

It can't be drafted by a bunch of lawyers whose draft mentioned "special emphasis" on the section on Personal Liberty in the Federal Constitution. All law drafted must take into account all available law and not emphasise a special clauses or section over other.

And that came from Bar Council? Isy ....tara standard punya Ambiga.

Secondly, the Sedition Act is a security matter and it is not the purview of NUCC. The preventive law is to prevent friction in society from getting out of hand.

Some may claim it had been abused or  overuse or restirct public discourse (or most likely public insult), nevertheless it remains a handy law from allowing inter-communal friction from escalating into an all out confrontation.

Nevertheless, abolishing Sedition Act and it's preventive spirit cannot be the only way to attain national unity.

It shows the NUCC members have an agenda and not working towards their term of reference. They do not seem to consider the big picture; the history, the population profile and sensitivity but conceiving solutions in a vaccum.

They should all resign and close up Tan Sri Joseph Kurup's department. It is a waste of public money.

It is not difficult to think that one way towards national unity is to inculculate the attitude of acceptance (beyond tolerance), respect and sensitivity in everyone of us towards people of other races and particularly religion.

The non-Muslims must accept and respect the practices of the Muslims.

They should be sensitive enough on the dos and don'ts of Muslims. When a Muslim is reacted sensitively on a certain matter, they should not respond by ridiculing his sensitivity like what Eric Paulsen did but respect it.

In return, Muslims must accept that non Muslims may not actually know completely our dos and don't.

Muslims must also make some effort to accept, respect and be sensitive on the practices of other faith in this country. So often Malay weddings serve beef and meat in all their dishes, including biryani without realising that Hindu and Buddhist do not eat those.

Before someone make any remark to dispute us due to our position on SIS, do understand that is a matter within the Islamic community and based on the premise of responsibility and preservation of faith.

SIS has showed no respect to the religious authority and faith of the Muslim masses.

Could judges misinterpret the law for political agenda?

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Bujai's title for his posting yesterday on the latest Court of Appeal judgement was truly appropriate. [Read "Human Rights defeat Islamic Law"here. ]

A three judges bench led by Datuk Mohd Hishamuddin Mohd Yunus overturn a judgement by High Court and proclaimed Section 66 of the Shariah Criminal Enactment of Negeri Sembilan violated Articles 5, 8, 9, and 10 of the Federal Constitution. Naturally, it got the various western biased human rights groups championing LGBT pleased. [Read MI here.]

This judgement is sending a wrong signal legally and may raise suspicion on the conduct of judges in the higher courts. Are judges misinterpreting the law and Constitution for political agenda?

Prof. Shad Faruqi did say, "Constitutions are political documents. They reflect the ideals of the time, the raw realities and the workable solutions arrived at by the people who framed them." [read it in the Bar Council here].

But, judges are not lawmakers. Enter politics, get elected and ensure they have the numbers should they wish to change the Constitution and law!

Off late, there have been concern by certain section of the legal community that there is a trend amongst several judges in the Court of Appeal to make judgements that are superceding case precedents.

Law and procedures are reinterpreted with a certain political bias for human rights agenda.

For instance, Shah Alam High Court given Nik Nazmi his third acquital for leading a public demonstration because the Court of Appeal have made a judgement that Section 9 (5) of the Peaceful Assembly Act was unconstitutional. Presumably the argument for the acquital was based on Part 2 of the Federal Constitution on Fundamental Liberties.

Court jurisdiction


In the latest case involving transgender or "pondan" as Malay would refer them, this is in contravention to Article 121 (1A), in which there had been many precedents set, that the High Court has no power to deal in syariah enactment matters. See below:

The article 121 (1) concerns the jurisdiction of the High Courts:


In the subsequent clauses 121 (2) and (3), it only mentions of Court of Appeal (CoA) as superior court to High Court and Federal Court (FC) superior to Court of Appeal, respectively. Does the latest judgement mean the CoA and FC have been conferred power over the Syariah Court?

It rises the question whether judges have basis to invalid any law passed by parliament? See Article 128 (1) below:


Does the same power conferred to the FC invalid any law and interpret the Constitution also conferred to the CoA?

It is mentioned in Article 128 (2) and (3) for FC:


but jurisdiction of the CoA is only mentioned in Article 121 (1)(B):


Since the High Court had heard the transgender appeal, does that mean the civil CoA could simply take up a case under the jurisdiction of the Syariah Court and over rule case precedents and ruling by FC on the jurisdiction divide between civil and syariah courts?

In the case of the SIS Forum, they have applied for a judical review.


When Dato Marina Mahathir said they are challenging the process and not the fatwa [read in MMO here], it may seemed that the fatwa on their deviant status remain but it is not necessarily so.

What they may have done is to try by-pass the jurisdiction of the Syariah Court by seeking for a FC constitutional judicial review (likely in line with Article 128 (2)) to deem the Fatwa making process unconstitutional?

Which precedent will the judges rely their judgement on? The Article 121 (1)(A) or CoA transgender precedent?

Fundamental Liberties


In the Transgender case, the judges led by Dato Hishamuddin took the Article 5, 8, 9 and 10 on Fundamental Liberties to override article 121 (1)(A) on the power of the Syariah Court.


In the Federal Constitution, all the freedom or rights given to any individual or groups does not have a blank cheque but come with it's own exceptions.

The "pondan' made their complain in accordance with Article 5(2) but article 5 (1) states the exception that:

personal freedom has to be in accordance with the law, in which article 5 (4) acknowledge the Syariah Court magistrate:


In all the Section 8, 9 and 10, there are exceptions to those freedoms.

There is NO ABSOLUTE FREEDOM or LIBERTY in Constitution, be it here in Malaysia or any other countries, because the freedom and liberty of the masses are taken due consideration too.

The equality promised in Article 8 comes with it's exception below:


The freedom from banishment and movement comes with it's own exception:


There is NO ABSOLUTE FREEDOM to assembly and association:


Judicial bias?


With all the exceptions provided for in the Constitution, what is the basis for declaring the Syariah Enactment as unconstitutional?

Under Article 11 (3), Islam has the right to manage it's own affair:


and more.

The Islamic religious institution has the following constitutional right:


which could also enable them to restrict deviant religious doctrine and belief. Engagement is not necessary especially when SIS have been engaged and advised on many occasions. They are lying through their teeth should they deny.

The lay man view with limited knowledge of law could conclude there is something bias in the judgement led by Dato Hishamuddin. He could conclude that the judges seemed to be interpreting the law independently from the Constitution and in doing, could be deemed as having their own agenda.

Judges have misbehave in the past and subjected to a Tribunal.

Several lawyers have expressed such concern and the need to study the trend in the judgements of judges like of Dato Hishamuddin, former PAS candidate, Dato Mohd Arif Yusof, Dato Mah Weng Kwai and Dato Dr Hamid Sutan bin Abu Backer.

The last three judges seemed to suspiciously play along the opposition script to cast aside the Coroner verdict in favour of the questionable testimony of strange looking Thai, Dr Porntip over three other experts from local and abroad [read here].

The court requested for police investigation when it was the opposition that instigate the TBH family and the Chinese community to demand for a RCI. Wasn't that was what the authorities wanted in the first place but resisted as ploy to cover-up DAP wrongdoings? What can the police investigate on now?

As former PAS candidate in an election, Dato Ariff had on many occassions refused to recuse himself from cases involving PAS and Pakatan Rakyat member. All the cases coincidently favours the opposition personalities.

Sodomy II


The latest on the Dato Seri Anwar Ibrahim is that the longest submission in FC history is completed and the judges reserves the judgement.

Tian Chua, Zuraidah, Rafizi and PKR supporters have openly threaten the court to acquit Anwar. He himself committed contempt of court for insulting an officer of the court. Will the court dare do anything to this charade?

The fear amongst lawyers that the bench may willingly bent their back to pressure from the opposition, so-called human rights activists, Bar Council, foreign NGOs and press, and dramatise public demonstration on the Dato Seri Anwar second sodomy trial.

Talk by certain lawyers is that the judges are not familiar with forensic. Though one source from Johor familiar with the judges said otherwise, the lawyers claimed there are judges that have a tendency to lean in favour of their former peer.

The trend towards western human rights value, including rights to LGBT, could psychologically influence the court away from the case in hand of criminal carnal intercourse and consideration for the victim.[Read Dato Ariffin Zakaria here]

Those following closely the FC submission could clearly see the defense has no intention of disapproving Anwar had sodomise Saiful. Gopal repeated what late Karpal Singh and Christopher Leong said that it was a "suka sama suka".

They were raising minor and frivolous technical issues with the hope that one will stick as reasonable doubt for Anwar to be acquitted. If unsuccessful, the judges opinion and judgement are fodders for opposition to campaign and blame the government for various uncalled for misdeeds.

Tan Sri Shafee may have fell to their strategy to become defensive than being naturally offensive as prosecution.

Bet some political low life will say Shahrizat getting even for NFC

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Wanita UMNO has taken a position on the Sedition Act and will be launching a 1,000,000 signature petition drive to get support through their 19,000 branches.

Wanita Chief, Dato Shahrizat Jalil express Wanita's position after a closed-door forum titled “Understanding the Sedition Act” with 500 Wanita Umno members and panelists comprised of former Inspector-General of Police (IGP) Tan Sri Musa Hassan, as well as lawyers Dato Salehuddin Saidin and Mohd Khairul Azam Abdul Aziz.

This is a giant step for the pro-Sedition Act movement. It also marks a big step for Wanita Umno to take up other public interest issues over their usual bread-and-butter issues on woman, family and welfare. It is a positive development to see Wanita UMNO embrace Najib's transformation in the area of advocacy.

Like it or not, Malaysia is moving towards a more participative democracy and the phrase of "government knows best' is no more relevant in this Internet age openness.

Unless one's voice is heard and articulated well enough to attract sufficent public support, no point complaining and sulking that government did not give them their due consideration. "Kalau Melayu mampus, terimalah akibat dari sikap berdiam dan terima buta saja pandangan atas."

However, one can expect that some political low life will re-interpret this development with a political twist not even worthy to be called a conspiracy theory. It is the usual plain shallow grassroot level power game political analysis one hears ever so often in the coffee houses and warongs frequented by UMNO members. 

One for Pro-Sedition Act

The event yesterday as reported by NST today:


‘Don’t repeal Sedition Act’

By HANA NAZ HARUN - 10 November 2014 @ 8:14 AM

KUALA LUMPUR: THE government should not go ahead with the plan to repeal the Sedition Act 1948 until it holds more discussions with all concerned parties, including Wanita Umno.

The wing’s chief, Datuk Seri Shahrizat Abdul Jalil, said the party would send a memorandum to Prime Minister Datuk Seri Najib Razak to ask for a deferment in repealing the act.

“Many have come to us raising their concerns and anxiety regarding the situation in the country.

“The act must not be repealed to protect the people for the sake of national security and harmony and I believe the issue of peace and safety goes across all religions and races,” she said, adding that the memorandum would be handed to Najib after he returned from China.

She said it was important that the government took into account the views of everyone.

“They (the government) must listen to the rakyat who fear for their safety and peace in the country.

“The women in the country must also be consulted and our voice cannot be ignored in this,” Shahrizat said here, yesterday.

Read on here.
The arguments for and against the Sedition Act is a case of national security versus human rights and civil liberties.

ISA was abolised based on the argument by some of our Ministers that communist threat does not exist. Not known to many, former PKM members are now regrouping. Heard there is a reunion dinner at Chai Leng Park in Seberang Perai at the end of the month.

Immediately after the abolishment, there was three months of underworld gang war. Underworld and subversive activites including the latest IS cells flourished. Law on public order and police are not respected and being challenged.

Najib must take extra caution before amending and repealing the Sedition Act, Printing Press Act and other laws.


In addition, there are many liberal sympathisers and subversive operators hiding inside government and GLCs that are pursuing human rights agenda and taking advantage in any loosening up from the Government side.
 
For instance, it felt strange that the picture and report by NST is mild and tone down when compared to Utusan Malaysia's picture and report here. Which page was that report published in the light of the Cameron Highland environmental "disaster" taking centre stage?

Only on Saturday, NST published a report by the same reporter which quoted a Human Rights Watch lawyer, Nizam Bashir (see below) and the editorial gave it a good positioning.


Notice they mentioned of clauses on Fundamental Liberties in the Federal Constitution without highlighting the exceptions in the name of public order, stability and security. [Re-read our earlier Saturday posting]

Nevertheless, it is heard that NST editorial encouraged pro and contra views on the issue. Not so much Tan Sri Johan Jaafar's son is a Committee Member of Bar Council and a strong advocate for repealing the Sedition Act, in words and spirit, but would the GEIC not swing to save his former and still boss's face?.

It was during the rounds of the UMNO Divisional meetings that some 120 UMNO Divisions made a resolution to retain the Sedition Act. This is in contrary to Dato Najib's repeated commitment to abolish it. With Shahrizat and Wanita UMNO's support for the Sediton Act, it will only gain further ground within UMNO.

Political speculations will intensify as Tan Sri Muhyiddin also made his position known on the Sedition act [read MMO here]. There will be the revival of the old conspiracy story that Muhyiddin is out to topple Najib using Tun Dr Mahathir and Tun Daim.

NFC revenge?


It is no point to dwell on the same old conspiracy. Repeating the same answer to the same bunch of people who will never believe it is pointless. There is more fun in discussing over a new conspiracy theory that will definitely be brewing.

In a written reply to a question by PAS's Khalid Samad on NFC last Wednesday Nov 5th, Dato Seri Najib Tun Razak said in parliament that government will revoke the contract of NFC for failing to repay the RM250 million loan. [Read in Astro Awani here]

This is not the first question on NFC by the opposition so keen on sustaining the issue to weaken the spirit of the mighty Wanita UMNO campaign machinery. On Oct 23rd, Najib had replied to a Tony Pua written question to explain that the deal to sell NFC to a Japanese company local subsidiary, Kirimitonas Agro Sdn Bhd was off. [Read here on Yahoo]

The questions were on NFC but the opposition's intention was directed at Shahrizat husband's NFC Corp.

Datuk Dr Mohd Salleh Ismail explained that RM74 million infrastructure development was meant for NFC and not NFC Corp. He highlighted that Auditor-General Tan Sri Amrin Buang had clarified in 2012 that AG report 2010 never described NFC as being “in a mess.” [Read on in The Star here]

NFC created controversy when PKR's Rafizi Ramli alleged that the company had used the government soft loan to buy a high end condominium in Bangsar and it became an election joke in 2013. It is unethical to misuse the fund not for it's intended purpose.

Banks would control loan disbursement to ensure monies are disbursed for it's intended use. But why was MoA or MOF lax on this? The MoA Minister of the time was Dato Noh Omar and MOF was former PM Tun Abdullah Ahmad Badawi.

The Star reported that NFC could not possibly pay the loan because the monies was frozen and kept with the Accountant General. Furthermore, an important part of the agreement between MoA and NFC Corp was for government and NFC to build the abbatoir for NFC Corp and other participants use. [Read The Star here]

The government may well lose this case because they had freezed the account and given the events that have passed, they acted too late.

Message going viral answering for the government side claimed MoA held back because they saw not many cattles brought over from Australia. Surely no operator would be dumb enough to bring cattles first and bear the cost of keeping them alive when the abbatoir is not ready.

Basically this will be messy.

In the first place, Tun Abdullah should not have awarded the privatisation to Salleh. Despite Shahrizat had nothing to do with any decision made or as she claims it, she was not involved, it was an ethical and a political no no for spouses of Ministers to be awarded government contracts. If husband insist, how is the wife to resist?

Secondly, Salleh neither have the technical nor the managerial expertise. There are many others more capable to undertake the privatisation. Most likely the capable ones neither have nor access to capital. Tun Abdullah era was the transition for a policy to consider financial capacity before Bumiputera was awarded government contracts.

Thirdly, as was mentioned before in this blog, it was a wrong business model. Malaysian cookings hardly distinguish between the better quality parts and the lesser ones. They should have opt for a high technology business model than this old fattening business model.

One industry source claimed Salleh developed the business from the working paper of someone in the industry but that partnership fall out. There was also a long running rumour but had died down that  several people wanted to "pow" NFC Corp for money, or equity or political fund. But it is all talk.

"Ulat politik"


The latest political position taken by Wanita UMNO may have raised eyebrow in Najib's highly paranoid and insecure inner circle. When Salleh responded, the anonymous Gelagat Anwar blog subtly warned Shahrizat against fighting her case. [Read here]

Despite the brave effort by Wanita UMNO to raise their political maturity, the general political immaturity will continue to persist. Kuala Lumpur can have world class infrastructure but Malaysian political maturity is no better than Papua New Guinea and Timor Timor.

Some political low life or "ulat politik" would analyse Shahrizat's latest stance on Sedition Act as a proxy fight for the legal issues faced by NFC Corp. These political runners looks everything from a political angle. It is difficult for them to see events as independent of each other.

They can't be blamed because that is the same attitude demonstrated by the leaders. Both Pahang MB, Dato Adnan Yaacob and Selangor UMNO Chief, Dato Noh Omar in their reactions to Utusan's report on Cameron Highland and Tun Mahathir's comment on UMNO Selangor, respectively took it as a conspirational power play to topple them.

Wait for Utusan tomorrow. It will get hotter before any chance of defusing.

Indeed there was a political low life that first made such speculation. Only it was not from within the UMNO side but PKR. It was Tian Chua's Malaysian Chronicle [read here].

PKR was the torch bearer in confusing the public from the real issue in hand with their accusations and speculations. They are still at it. One pro-Najib news portal - heard to be Omar Ong - spin Najib's reply as government redeeming past action on NFC [read Rakyat Post here]. Rafizi was quick to deny [read Rakyat post here]. 

Rafizi is still facing several court cases related to NFC including one for BAFIA and more   defamation lawsuit to come from Dr Salleh side. Shahrizat had opt out from suing Rafiz and left it to Dr Salled to spend his days in court.

It was a political mistake for Shahrizat. It does not buy time to simmer the negative perception on her. For that, someone up there may see her as ripe for slaughter. Off course it is another conspiracy theory.

"Orang Semenanjung sudah gila"

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University Malaya's PMUM President that is facing disciplinary action from University authority, Fahmi Zainol went to Sabah to instigate UMS students to join their fight for more freedom faced a rude reality.

Instead of understanding why it happened and did he made any mistake for taking Sabah for granted, he blasted the Sabah students for tarring him out of town. The incident was described to this blogger by a Sabah friend. He was right. "Orang Semenanjung sudah gila."

The politics of hate and constant incitement does not auger well in peaceful Sabah, Fahmi Zainol does not seemed to understand that. For that matter, opposition media too do not understand the Sabah psyche.

The perception here in Semenanjung is that Sabah politics is about money. But in many aspect, Sabah has a more mature politics than Semenanjung.


The Fahmi Zainol incident as reported by FMT below:

Video ‘samseng Sabah’ ugut Fahmi Zainol

Adam Abu Bakar | November 11, 2014

Apa motif kau datang ke sini? Mahu hancurkan sesama Islam di sini? Kau datang sini menghasut bikin apa? Bikin malu sahaja.

VIDEO INSIDE

PETALING JAYA: Selepas dibebaskan daripada ditahan di Kota Kinabalu, Sabah, tersebar pula video di laman sosial ‘disebalik tabir’ mengenai situasi yang berlaku sewaktu kedatangan Presiden Persatuan Mahasiswa Universiti Malaya (PMUM) Fahmi Zainol dan rombongannya sewaktu memasuki Universiti Malaysia Sabah (UMS).

Video yang berdurasi selama 4:02 minit itu telah dimuat naik oleh seorang pengguna Youtube yang menggunakan ID Buaya Biawak.



Di dalam video tersebut, telah dipaparkan Fahmi dan rakan-rakannya diugut oleh ‘samseng-samseng’ dengan menyatakan “Universiti Malaya (UM) kau boleh buat itu macam, ini Sabah kau mahu buat ini macam? Saya bagi ‘bet’ sama kau, kau ‘try’. Tiada kepala kau di Semenanjung,” kata seorang individu yang tidak dapat dikenal pasti.

Di dalam video itu juga dipaparkan beberapa orang anggota keselamatan berada di lokasi kejadian bagi mengawal keadaan.

Individu tersebut juga mencabar Fahmi bersama 7 lagi rakannya, dengan mengatakan “Kau keluar, kalau kau berani, kau ‘try’ diluar”.

Bukan itu sahaja, terdapat juga individu lain yang mempersoalkan kedatangan Fahmi ke UMS.

“Apa motif kau datang ke sini? Mahu hancurkan sesama Islam di sini? Kau datang sini menghasut bikin apa? Bikin malu sahaja,” soal individu tersebut.

Tidak terhenti di situ, Fahmi dan rakan-rakan terus dikecam, “Kasi habis kau punya belajar dahulu, ini bukan semenanjung yang kau boleh bikin macam-macam. Ini orang Sabah”.

Lelaki tersebut turut mengeluarkan kata-kata kesat, dituruti teriakkan, “Kami orang Sabah, jangan kau ingat bukan-bukan, ini anak Sabah. Kau ‘try’ lah orang Sabah. Perpaduan kami tinggi di sini,”

Teriakkan individu tersebut disambut dengan tepukan oleh beberapa ‘penyokong’ individu tersebut yang menyokongnya.

Perkataan-perkataan seperti anjing dan syaitan turut dilemparkan kepada Fahmi dan rombongannya dalam siri ‘Jelajah Reformasi’ ke UMS itu.

Individu dan beberapa orang ‘penyokong’ itu juga dilihat cuba menyembunyikan adegan ‘disebalik tabir’ itu dengan tidak membenarkan rakaman dan gambar diambil.

Ini dapat dilihat apabila individu tersebut mempersoalkan individu-individu lain yang cuba mengambil gambar ‘bukti’ kejadian.

Di dalam video tersebut juga dapat dilihat, telefon bimbit individu yang mengambil gambar dirampas kerana tindakannya yang mengambil gambar.

Fahmi di dalam Twitter miliknya turut memberitahu bahawa akaun Facebooknya telah disekat dan sebarang maklumat hanya boleh didapati di Twitter @fahmizainol_.

Sebelum ini, Fahmi dan 7 lagi rakannya telah dibebaskan setelah ditahan 2 kali di Ibu Pejabat Polis Daerah (IPD) Kota Kinabalu. Difahamkan, Fahmi bersama rakannya turut diarahkan menjalani ujian air kencing.

Fahmi mencetuskan kontroversi akibat tindakan beraninya meneruskan program “40 Tahun: Dari Universiti Malaysia ke Penjara” meskipun mendapat bantahan daripada pengurusan universiti UM.

Beliau bersama 7 lagi rakannya sedang menghadapi tindakan tatatertib daripada UM selain turut dikenakan pendakwaan mengikut Akta Hasutan 1948.

Jumaat lepas, Fahmi dan rakan-rakannya telah berkumpul di Universiti Islam Antarabangsa Malaysia di Gombak bagi menyertai ‘Jelajah Mahasiswa’ di kampus itu.
As told by our Sabah friend, it is not a set-up to shame the Semenanjung students. If not held back, it would have been worse. Many more wanted to join in and belt them out into the South China Sea.

Unlike the adversarial and communal politics in Semenanjung, the issues in Semenanjung hardly bat an eye in Sabah. They are not concerned with kalimah Allah issue becuase they is no issue there. Interfaith differences is minimal. They not only tolerate but accepted the different faith and races.

They find the "Orang Semenanjung sudah gila" for their endless political and communal squabbles.

In Sabah, forum can be held with the participants and attendance of all political parties without any ruckus and exchange of insults.

As a friend who went to Sabah few months back to explain on an issue of strategic importance, he was surprised how open and receptive opposition leaders are to issues of national relevence. They could cast aside politics and say, "This is about the country!"

In one wedding by an UMNO member in which we are together in an NGO, we saw oppositions leaders, of all races sitting together in one table and cordially in conversation as friends rather political enemy.  

It is a far cry from what we in Semenanjung experiance where NGOs and political parties are in cohoot with foreign insidious hands to undermine national security and interest to put forth their agenda and power struggle.

In fact, a group of Semenanjung comprising Dato Soh Chee Wen, Waythamoorthy, Harris Ibbrahim, Ambiga and few Indian Bar Council activist/lawyers were tarred out for selling ideas to seccede. They simply walked out and left the hall on them.

Although they have grudges and seek for a better deal for them in Malaysia, Sabahan have no intention to pull out of Malaysia.

However, we in Semenanjung and the national leaders from Semenanjung failed to understand the sentiment and aspirations of Sabahans. True they are lots of misleading ideas coming from opposition thathas sunk in into the Sabahan expectation.

For UMNO Semenanjung, Sabah UMNO has closer sentiment to Sabah than the Malay or Islam agenda of UMNO. In fact, there are Christian Ketua Bahagian in Sabah. Sabahan Pribumi never acknowledge they are Malays.

The worry now is that the habits of Semenanjung politics will eventually creep in. There goes our annual  peaceful holiday destination.

Before the last Sarawak state election, we manage to alert few Sarawak leaders of this. They could not see it and was faced with a surprise. The next time around they will be facing more surprises if they do not heed our warning.

But Tan Sri Adenan Satem said the opposition will also get their surprises. That is interesting as long as there is no violence and hatred but just friendly politics of ideas.

Open tender for petrol system but not diesel?

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The controversy surrounding the fuel subsidy rationalisation system should end. There was an open tender done. A request for proposal was send out.

Some 95 companies expressed interest to be invited to submit proposal. When KPDNKK held a briefing session, some 50 companies were present. The submission dateline was 12:00 noon on November 10th.

By right, one can comfortably say the earlier controversy surrounding the fuel rationalisation system tender has ended. Unfortunately, not quite.

The tender date is closed but for what tender?


The cover page reads as document for tender for system for subsidy rationalisation for petrol, precisely intended for Ron 95.

New petrol rationalisation system is planned for commencement in May 2015. However, it was announced that the new subsidy rationalisation for diesel will begin in January 2015.


The closing date for petrol rationalisation system for petrol closed on Monday, but when was the closing date for the more urgently required diesel system?

Thus far, no date and ongoing tender process heard except the earlier supposed invitations with Datasonic dominating media attention. Hope someone could shed some light on this.

It was told to us by a little bird from inside KPDNKK that a company was somewhat recently awarded the contract. Somewhat means there was a conditional letter of offer issued by a new unit inside KPDNKK dedicated to manage the fuel subsidy program.

One condition was to make a decision and confirm within 2 to 3 days. Another condition and a strange one indeed was a request for silence in view of the recent bad publicity pervading the development of the fuel rationalisation system.

Truly it is strange ....

The source said the company getting the offer sounded like Inter Access or Inter XS or Inter Ax S. The meeting point was held in a dark, smoky and noisy bar so the little bird's chirp was muffled by the awful live band.

What could be clearly heard was the letter was issued at the instruction of the KSU. There is no Dato Hasan Malek involvement or any other politicians.

Till new information surface, the assumption now is that the Minister is not in the know, It involved those who usually sign off their letters as "Saya yang menurut perintah" but decision and directive was given by them.

If true, it is disappointing.

Just when it was thought that there is no such suspicious dealings linked to politicians, there is now the suspicion that some senior civil servants are lining up their retirement nest with hay made while the sun shine.

Off late, there have been many nonsense by civil servants. They do all the shit but it is the ruling parties that get the blame. Are the rulers listening? Or politicians will just conveniently do a stunt to take potshots at Utusan Malaysia to cover-up.

It is somehing for the other brick in the wall to look into.


Arrogance and insecurity still prevail

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A recent incident confirmed us that should Dato Seri Anwar Ibrahim go inside, it will not make UMNO job any easier but harder.

One reason is people rejected Pakatan Rakyat because of Anwar. Without Anwar and the rise of another strong and credible personality as potential Prime Minister,  UMNO and BN does not seemed to have  anything to offer as campaign line.

I Love Najib and 1Malaysia will not work this time. As one former Deputy Minister said last month, "It didn’t generate the excitement for BN to win convincngly for GE13. The “popular vote” or total votes favoured PR."

Voters would rather fell for the 40,000 Banglas lie by Anwar Ibrahim than believe the tangible but not understandable acronyms of programs from Najib.

Over lunch yesterday, we told the host’s son that if voters are not voting BN this time around, it is because of UMNO. They have not shed the attitude of arrogance and the insecurity behind their arrogance.

Gatekeepers


There are many event that made us think so.

The recent event mentioned involved only an officer of a Minister. There was a meme going around to promote a program his boss initiated. Without mincing our words and with the intention to test him, we said, “Half measure. He should do better.”

Naturally, the insecure young man expressed a controlled angry response to ask why. So we gave hint instead of a direct answer to see how open he is. He must have assumed we were plucking ideas from the sky and just went defensive twice.

In one occasion, he was gloating on the credibility of a name as if we care. It cannot be as credible as the person we dealt with on the subject for the past 6 months. They man has done it and knew the intricacies well. In fact, he grew up in that industry.

Although the nuances was adversarial and typical behaviour of a gatekeeper, it was still polite. However, news reached us that he accused us as going against his boss. How dumb can that be?

But it is typical presumptions of kaki bodek working around Ministers. The slightest of tone of differences and they bad mouth you to their boss. Now we understand the bad rumours going around on this Mfer.

With people like this around his boss, it will not auger well for his future. People have helped him to get where he is but he must have what it takes to stay. Arrogant and insecure staff will only bring him down. It is a matter of time.

Generally, UMNO and BN leaders are not as arrogant as the negative perception of past leaders. Save for a few like one former MP and a current Deputy Minister from a component party, they are more willing to communicate and meet to hear us out.

Off course, bear in mind that they are not as immediately available for telephone chat, teh tarik and dancing fish lunch as before. Their free time is so limited that it is not fair to be too quick to judge negatively on them.

These days political leaders are a quite open to dialogue and criticisms. They are still human so be polite. If it is fair, they will hear you out. However, no one will take kindly any slander or wild accusations devoid of fact and proof.

Initially, we are willing to forget the incident with the Minister’s officer as mere immaturity, but the public display by Dato Noh Omar and Dato Adnan Yaacob made us realised that the old problem still lingers. 

Resisting incompetent



Dato Najib had complained of getting tired and embarassed by the lembab (slow and complacent) of UMNO Selangor leadership at a recent UMNO state convention. It was a direct criticism towards Noh Omar. It was then followed by a more direct comment by Tun Mahathir in his blog [read here].

Noh Omar responded with flimsy arguments and counter criticism against the person that gave him an opening to towards Ministership. [Read here]. He had taken the criticism badly despite the same criticism was expressed by Najib.

Frankly, he is incompetent to lead. He can be another Ketua Bahagian and take charge of his constituency BUT not to provide the leadership or strategic direction for UMNO and BN Selangor. When posed with the question on his gameplan, he would dwell on Selangor not having a Federal Minister and denied funding as opposition in the state.

How un-fofesyenal! Anyone can see that he is saying he will only have a strategy and gameplan when he is a Minister. He thinks we are not aware how he can finance program for his state despite being denied by the state government.

Basically, he has no strategy in mind and insist to be spokesman on issues against Pakatan to raise his profile. By giving him a higher profile, does it help UMNO Selangor? No, and neither does having the existing office bearers will help UMNO in Selangor.

Ignore what the UMNO Selangor Secretary, Dato Johan and Ketua Puteri for Tanjung Karang have to say. It is just typical shallow and apologetic bodek arguments which reflected a desperate response to hold on to power. Dato Nurjazlan and Dato Busyro had more relevant views.

Nevertheless, Noh Omar knows when to relent. [Read here]

Tantrum shooting of messenger



Pahang Menteri Besar, Dato Adnan Yaacob does not seem to despite being wrong and improper.

Utusan Malaysia was on a series of expose of Cameron Highlands. It started with quite a sensational issue of Cameron Highland was invaded by foreigners. "Cameron Highlands ditawan" read the headline. What so sensitive about it?

Few weeks later, there was a heavy rain that resulted in a bad mudslide. From an issue of immigrants, it had exploded into the issue of environmental degradation, illegal land encroachment, poor monitoring, enforcement and corruptions by state government. No specific accusation was made and no name was mentioned.

Of late, Utusan have been on the ball on very sensational expose. As an UMNO leaders, Dato Adnan Yaacob should appreciate the clean-up effort. It is highly improper to smear their party-owned newspaper in front of other laughing media.

Instead of managing the crisis, Pahang Menteri Besar response was to blast and ridicule Utusan Malaysia. Him, with the assistance of one state assemblymen fearing to get chopped by Adnan, spread a video claiming innocence. Hear the MB out in Apanama here.

Unfortunately, there was 6 minutes missing in Apanama's video. It was the part he ridiculed Utusan and their reporters in presence by saying said, “Utusan ni dah rugi … dah nak bankrupt …silap-silap Utusan tutup sebab tu nak cari berita sensasi.”

That is hitting the messenger than addressing the issue in hand. Before he left, he hurled insult at one Utusan reporter to say, “Bila nak tutup Utusan? Berapa hari lagi?”. [More here] Is that not rude and arrogant?

To be fair, Adnan is not as rude or arrogant in person as potrayed of him by opposition in an incident at a by-election in Pahang many years ago. He is jovial and fun to be with. Although he can joke around, he can be serious and quick to pick up on suggestions and ideas presented to him. Unfortunately, this incident tarnished his name. It is uncalled for and reflects badly on him. [MI reported here.]

There was no such insidious plan to bring him down in the same manner as done by Khairy Jamaluddin on Dato Dr Khir Toyo in the Bukit Cerakah incident. So why did he reacted in such insecure manner that is unbecoming of a Menteri Besar?


For UMNO sake, Utusan's Awang Selamat have every right to criticise Adnan. [Read Utusan here]. Utusan deserve to defend themselves for they are not wrong.

The state secretary admitted the state was complacent in their monitoring and enforcement. MACC went in to investigate for possible collusion by state government officers in cases of land encroachment and the deforestation. Immigration had went in too.

Royal family?

In the Bukit Cerakah case, there was the involvement of members of the royal family thus that made Khir Toyo clammed up to save their face. Is the same happening in Cameron Highland?

One source investigating on the story (and it is not Utusan) was saying some of the land had ownership with several levels of proxies that could not be identified. Adnan is close with the palace but we are talking members of the royal family and not the Sultan. Is that what is making Dato Adnan nervous and insecure?

Hopefully it is not. But words are going around that he has threatened war against Utusan and a day later proclaimed that war has begun. It does not auger well on UMNO but perpetuate the image of UMNO as arrogant.

Come UMNO General Assembly from on November 20th onward, such arrogance will be further accentuated with the Hollywood Red Carpet arrivals of participants displaying their wealth and prancing their luxuries. Their casual attitude does not reflect the seriousness of the event.

Yesterday there was a roundtable talk to discussed motions to be tabled. Dato Hishamuddin chairs the meeting. While he told the press that there must be no obstacles on the delegates to express their concerns, one position holder of an UMNO wing told us that there was discreet calls to advise not to say this and that.

Is this not censorship and discreet display of insecurity? It could even be bodek-ing and ampu-ing. That will not help the UMNO cause in this time when they are weak. Surely, cousin brother does not need nannying. Despite some slack here and that in his communication team, he is still quite capable of handling himself.

Something interesting happened in Beijing

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Dato Najib was in Beijing recently to attend the APEC economic summit. There he disclosed a landmark initiative between Malaysia and China in setting-up a clearing bank to facilitate business deals between Renminbi (RMB)-Ringgit (RM).

It reduce cost and ease of doing business between the two countries as payments without the need to convert to the US dollar first. With China ready to pump investment in the region, that will help ease the flow of RMB investment into Malaysia.

However, the TPPA democles sword was hanging throughout the APEC Economic Summit. Malaysia had requested that Bumiputera agenda and government owned enterprise or state owned enterprise (SOE) are given exemption when the final round of TPP negotiation is held early next year.

Then something interesting and worthy of a landmark event happened. With so much issues surrounding TPPA, there is a new alternative to consider.

RMB-RM clearing


An article on the RMB initiative from NST below:
Renminbi initiative

By RUPA - 11 November 2014 @ 12:16 AM

THE renminbi clearing bank to be set up in Malaysia is a recognition of the country’s role as a key renminbi offshore centre among emerging economies in Asia.

Local banks welcomed the initiative, saying it would boost trade finance and remittance businesses between Malaysia and China.

Financial cooperation between the two countries has accelerated on the back of growing bilateral trade, which has expanded by more than tenfold since 2000.

Malaysia is China’s largest trading partner in Asean and trade between both countries exceeded US$100 billion (RM333 billion) last year.

Bank Negara Malaysia deputy governor Datuk Muhammad Ibrahim said the central banks of both countries had engaged in a multitude of financial cooperation for nearly a decade, ranging from the exchange rate float in 2005 to currency swap, Qualified Foreign Institutional Investor licence, direct currency trading and cross-border collateral arrangement.

Renminbi usage has been expanded from trade and investment settlement to include sukuk bonds.

“With this latest memorandum of understanding (MoU), which is yet another milestone, we are confident our continued joint efforts will strengthen Malaysian financial institutions’ capabilities in facilitating businesses in renminbi, not only in Malaysia but also Asean, given their extensive regional networks.”

Although there has been no news from the People’s Bank of China (PBC) on the bank that will act as the clearing house, a Reuters report said it would likely be Bank of China, China’s fourth biggest lender.

Meanwhile, Maybank, Malaysia’s biggest lender, said the clearing house would facilitate client transactions more efficiently.

“It will not only enhance convenience for renminbi trade settlement but also enable the financial system in Malaysia to play a greater role in connecting trade and investment flows between China and Malaysia,” said group president and chief executive officer Datuk Abdul Farid Alias.

Maybank is the only Malaysian bank appointed by PBC as a market maker for the ringgit-renminbi trade.

Since 2012, Chinese customers have been allowed to maintain ringgit accounts at the Maybank Shanghai branch.

HSBC Bank Malaysia Bhd deputy chairman and CEO Mukhtar Hussain described the MoU, which was signed in Beijing yesterday, as a positive initiative.

“The MoU will enable our clients to save cost through direct currency conversion, hedging on forex risks while facilitating more efficient cross-border settlements.”

HSBC is one of the first market makers for direct onshore trading and the bank said there would be more opportunities now following the internationalisation of the renminbi.

Two weeks ago, China and Singapore announced direct trading of renminbi and the Singapore dollar.

The move was to lower currency conversion cost for economic entities and encourage the use of the two currencies in bilateral trade and investment activities.
FTAAP


Najib comment on the upcoming TPPA last round of negotiation in early next year can be found in  Bernama report [read here]. 

China was not invited to join TPPA although there are talks that China will be invited later. The TPPA have been criticised as a promotion of American MNC interest and seen as part of the American Asia Pivot strategic plan on China.

Chinese President Xi Jinping sprang a surprise to revive an old and long talked idea of the FTAAP. It  received endorsement from APEC countries. US and its allies verbally support the initiative. Xinhua report below:
APEC roadmap on FTAAP a historic decision: Xi
Xinhua 08:29, November 12, 2014
BEIJING, Nov. 11 -- The Asia-Pacific Economic Cooperation (APEC) members' endorsement of a roadmap for promoting the Free Trade Area of the Asia-Pacific (FTAAP) process was "a decision to be written into history books", Chinese President Xi Jinping said here Tuesday.

The move was "a historic step we took in the direction towards realizing the FTAAP," marking the official launch of the FTAAP process and demonstrating the confidence and determination of the APEC in advancing regional economic integration, he said at a press conference after the conclusion of the 22nd APEC Economic Leaders' Meeting.

The decision will bring the integration to a new and higher level, benefit economies at various development stages across the Pacific Ocean and inject new energy into the growth of the region and APEC members, the president said.

"We have reached consensus that regional economic integration is the driving force behind sustained strong growth in the Asia-Pacific, and APEC should continue to play a leading and coordinating role in pushing forward this process," he noted.

The final approval of the roadmap came days after APEC ministers reached consensus on it on Nov. 8.

A declaration released after the economic leaders' meeting said APEC members have decided to kick off and advance the FTAAP process "in a comprehensive and systematic manner".

The members have agreed to launch "a collective strategic study" on the FTAAP and instruct officials to undertake the study, consult stakeholders and report the result by the end of 2016, according to the declaration.

It also noted the FTAAP will be realized on the basis of the conclusion of the ongoing pathways, which include the Trans-Pacific Partnership (TPP) and the Regional Comprehensive Economic Partnership (RCEP).

Both TPP and RCEP are regional free trade arrangements under negotiation but each of them involves only some of the region's economies, while talks on both arrangements have been stalled by divisions among the negotiators.

Xi has said the FTAAP can be the "aggregation" of existing free trade arrangements.

"The FTAAP does not go against existing free trade arrangements, which are the potential pathways to realize the FTAAP goals," Xi said when speaking at the dialogue between APEC leaders and representatives of the APEC Business Advisory Council on Monday.

The FTAAP should aim to minimize any negative effects resulting from the proliferation of regional and bilateral trade arrangements and will be pursued by building on current and developing regional architectures, according to the APEC's roadmap on the FTAAP.

"Greater efforts should be made to concluding the possible pathways to the FTAAP, including the TPP and RCEP," the document said.

It noted APEC members will increase the transparency of existing and recently concluded trade arrangements by advancing work under an information sharing mechanism.

In addition, efforts will be made to build up economies' capacity to participate in ongoing regional trade arrangements and realize the FTAAP, it said.
Forget TPPA?


In comparison to TPPA, FTAAP will offer a better and more strategic prospect for Malaysia and the region. Dato Mustapha Mohamed has given his endorsement to support and cooperate in FTAAP.  [Read NTP here.] FTAAP is interesting in many aspect.

Firstly, TPPA is in a deadlock in a whole range of issues and not likely to find a meeting point with US MNC interest. For Malaysia, it will only favours the MNC's market entry but does not help in the development program to build capacity, competency and competitiveness. Recent studies showed import will be on the rise and export decline.

Secondly, it help to remove sceptism towards China and build-up of conflict. To quote from China Daily,
In sharp contrast to the bandying of the "China threat" theory by some countries, China is willing to help expedite the building of the FTAAP. Because of territorial disputes and the resulting tensions in the South China Sea and the East China Sea, China has had to face severe criticism. Some countries and observers even said that like all economic powers in the past China too will boost its military might and try to change the existing world order.
Thirdly, it is an answer to US's attempt to encircled China strategically. Reluctantly, President Obama and his allies endorsed FTAAP. The Diplomat believe he will scuttle the FTAAP. A snippet below:
The TPP negotiations are close to being finalized, but recent deadlocks have stalled progress. Under these circumstances, the Obama administration likely feels that introducing a new, even larger trade proposal would sap what little momentum remains for the TPP. .....

Plus, the Obama administration wants to use TPP to ensure that other countries meet the United States’ “high standards” in defining free markets and ensuring intellectual property rights. A parallel agreement that is both more inclusive and less stringent in its requirements would kill any impetus for regional governments to strive to meet those standards.
 Forth, US seemed outmanouvred as Yang Razali wrote in Singapore's Today below:
Chinese President Xi Jinping has shown that the agenda of liberalising trade in the Asia-Pacific region cannot but take China into account; indeed, this agenda will be dictated by China from now on. To show how serious it is, the Beijing APEC Declaration came complete with a road map towards the realisation of the FTAAP, though a clear deadline was shelved for now.
Fifth, the two year study serve their economic interest too. China-Briefing.com wrote
A two year study of the FTAAP also allows China to continue to delay U.S. calls for it to open up its long delayed Government Procurement Agreement (GPA), under which China would allow foreign companies to bid for Chinese government contracts. Originally part of China’s WTO accession agreements, the GPA is now as far away as ever – and remains a problem in terms of promoting a more level playing field in China when one considers the huge involvement of the Chinese government in commerce.
A similar issue in Malaysia.

Sixth, China's view on free trade is for connectivity than an imposing trade requirement. The Diplomat wrote earlier below:
From Beijing’s perspective, the FTAAP means an interconnected Asia-Pacific region – with China, as the region’s (and soon to be the world’s) largest economy, naturally at the center. China’s other high-profile plans for economic integration, the Silk Road Economic Belt and the Maritime Silk Road, echo the idea that the region’s economies should be more integrated. Both those initiatives also focus on literal connectivity – transportation and infrastructure to connect Asia-Pacific states. China also intends to emphasize this at APEC by pushing for a “blueprint” for interconnectivity in the Asia-Pacific in both transportation (highways, railways, air traffic) and regulations.
Seven and lastly, FTAAP is a counter initiative to the TPPA. The Hindu Times reported:
... Xinhua, the state-run Chinese news agency, amplifying in its report on Sunday that the economic potential of the FTAPP is far greater, when compared with the TPP and the Regional Comprehensive Economic Partnership (RCEP)—a grouping led by the Association of South East Asian Nations (ASEAN).

The write-up quoting a report from the Pacific Economic Cooperation Council (PECC) pointed out that FTAAP is estimated to add $ 2.4 trillion to the global economy. The figure stands out in comparison with TPP’s estimated contribution of the $223 billion and the RCEP’s $644 billion.
China is the main economic driver for the region. They contribute more than 50 percent of economic growth in Asia. It is claimed that each percentage point of economic growth in China lifts the economy of the region by 0.3 percent.

Unlike US with no commitment to invest, China has expressed willingness to invest some US$165 billion in direct investment in the region, particularly in infrastructure building. Their description for economic cooperation as "community of shared destiny" is more appealing. [Read National Interest here]

With Malaysia's trade with China stand at US$106 billion last year and is expected to reach US$160 billion by 2017, will it be TPPA or FTAAP that serve Malaysia's economic interest better? If the choice is between regional economic cooperation and military border dispute, then it is clear.

Pursue the right culprit on the Protasco fiasco

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A posting from a blog in our bloglist, Corporate Governance in Malaysia recently [read here] caught this blog's attention to the Protasco boardroom tussle.

The blog raised the issue on the transparency of the dispute. The Edge, KiniBiz and The Star are actively writing on the mud-slinging between the parties linked to CEO Dato Chong Ket Pen and parties of Tey Por Yee and Ooi Kock Aun.

Details are being revealed and some information have yet to confirmed. By the look of things, the Tey and Ooi side of the story is not heard much.

Anyway why the revelation by Dato Chong now and not then? The blog had raised the issue way back in 2013 to question on the company's ability to pursue the oil rights to develop and produce the  field in Indonesia [read here].

Dato Chong alleged that the parties of Tey and Ooi have cheated and swindled some money. In turn, Tey and Ooi claimed to have done money trail that lead to Dato Chong taking money too. However, this usual dispute in Malaysian corporate scene has taken a new precedent never happened before.

There will be two EGMs within the span of two days on November 26 and 28th to sack each other off as Directors. It is fodder for speculative play on the company's shares for those privy to the outcome.

Bigdog has taken a keen interest from the angle of the impartiality of the Chairman, Tan Sri Hadenan Abdul Jalil. In his posting late last night, he highlighted that Hadenan sits on the Board of Directors of the prestigious Maybank and is a Chairman on the Advisory Committee of MACC [read here].

One party, believed to be Ooi have made a MACC report against Dato Chong. Hadenan is seen as siding with management. Isn't it interesting?

More interesting is someone left a link on Bigdog's blog to a newly established blog, Right To Be Heard. It could be anybody since it hardly made much comment.

According to Dato Chong's version, sources said Tey and Oi came to him to invest in Protasco. They introduced him to an oil deal in which he do not know much details. Now two years later, he said they had cheated him and the oil project is a scam. 

Naturally, there are lawsuits and throwing the two out is an immediate step.

The link in Bigdog's blog was linked to copies of Sales and Purchase Agreements of the oil and gas deal and Shareholders Agreement dated November 2012. In all the agreements, Dato Chong's signatures can be presumably seen. 

Unless it was forged and police reports have been made, how could he claim he do not know much? Don't tell us that a public listed company did not do a due dilligence and hire experts to verify? That is a dodgy claim, isn't it? 

From calls made to several stockbroker friends, Tey and Ooi could likely be approached to buy Protasco shares from a major shareholders whose getting out in total from the company and giving the stewardship to Dato Chong. 

It was known then that the offer to Dato Chong to arrange a buyer and take control of the company was not forever. It may have ended somewhere near the end of 2012.  

One aspect of the story that does not make sense is for Tey and Ooi to spend more than RM90 million to buy a minority stake in a company when they have strike black gold in Indonesia and should have used the money to undertake the production. 

The Shareholders Agreement seemed possible. It is logical to have Protasco buy over the rights from the Indonesian to pursue the business and the two buys the shares to come on board. 

Presumably the Sales and Purchase Agreement of the oil right comes with a Board of Directors' approval and an EGM to undertake such a major investment. Many PLCs as far back as the 80s have terlungkup because of oil and gas exploration. 

Dato Chong would not have made the decision on his own. If there is none, Dato Chong deserve to terlungkup. All the razzmatazz from his side on Tey and Ooi could be to cover-up his tracks by removing them from the Board and cancel the whole deal. 

It could even be a ploy to have the offered shares parked to some group till he could find another friendly group or he raised some money to buy it. Tey and Ooi's shares can be dealt later. Wonder whether Bursa or SC can see the suspicious going ons? 

Although we are not quite sure yet, we are suspicious. It will be something interesting to pursue than pre-PWTC commentaries on UMNO.

The issue of who cheat and swindle money will be for the police to pursue but with a complex corporate deal like this, will the police be able to understand the sophisticated financial transaction and fine legal intricacies?

They could just take the easy low hanging fruits to charge one party with a misdeamenour but left out the bigger trunk of an offense. Easy to make a case or close it up.

It will be sad should the real big culprit get way free. This is about honesty and integrity. The public bought shares on expectations of return on an oil strike. It will not be fair if it turns out to be a mere ploy or con job.

Conduct that raise suspicion

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Prostasco Board of Directors in good times
If anyone were to ask us as to what is the truth on the Protasco fiasco, frankly it will not be easy to ascertain with lawyers involved and reports made to authorities. The deals are complex and many possible manouvers that it is difficult to explain in simple ways.

Anyone can say anything. So who in the world will know the whole picture?

Nevertheless, it was the conduct of the Chairman and members of the Board of Directors that made us suspicious. So don't blame us if we seemed to be siding with Tey and Ooi. Their actions and decisions to favour Chong seemed questionable.

The fact that the Chairman is a Chairman on the advisory committee of MACC only makes it an attractive story.

When googling for news on Protasco, one thing noticeable is in the manner the business media are depicting the two young members of the Board of Directors of Protasco, Tey Por Yee and his associate Ooi Kock Aun. 

They are being painted as two hungry young men showing no respect for the more elderly and composed Prostasco CEO Dato Chong Ket Pen.Not only the perception game does not favour them, the Company's or Dato Chong's side of the story gets visible coverage but not that of Tey and Ooi. 

If Tey and Ooi were fraudulent in the deal they brought to Protasco, it still does not make sense as to why do they need to spent RM95 million to buy Protasco shares and then bring the deal to Prostasco? 

They could do the deals themselves.

Till the full picture is known and hopefully the truth present itself, our suspicion remains on the manner the Chairman and Board conduct their affair.

Background

So happen we had a copy of the November 3-10 The Edge weekly. 

Except for the part on Chong looking for entry into oil and gas instead of being in a hurry to meet the year end deadline to get a buyer for the block, it gave a background of the current Protasco Board room tussle. 

Read below:





Did Tey and Ooi really tried to swindle money from the Company?

The question still remain: why the need to spend RM95 million first before swindling the company for US$55 million? Quiet sure there is a smarter, less than obvious and more economically efficient way to do so, if the intention is to swindle.

Unfair

In the other issue but still linked, The Edge reported the RM10 million channeled by the company through several levels before reaching a company addressed at Protasco but belonging to senior management of Protasco.

No explanation was given except "a source" telling the writer it was to pay loan. By going through 3 levels?

If Tey and Ooi had proof to show some RM10 million was siphoned out, why did the Board of Directors refused to hear them out but brush them off as no proof presented? Do they wait for hundreds of million to disappear before taking action. 

There is no majority shareholders in control of the company and Board, why do the majority of 8 independent members of the Board of Directors afraid to take the necessary precaution to protect the stakeholders? 
  
They could be fast in filing a lawsuit against Tey and Oi before hearing their explanation but refused to take the necessary precaution when it comes to the allegations with some level of proof against Chong. 

Unlike Tey and Ooi whose affairs in their deal with Protasco was well documented by the media, Dato Chong had not explained himself. Maybe he had privately explained himself to some but till he explain himself to the Board, they seemed to be taking it lightly.

Playing games

There was a seemingly petty incident involving call for a Board meeting.

This was after the lapse in the agreement for the acquired Indonesian company, PT ASU to get extension of the oil rights for 10 years. They only got 3 years, reported The Edge. But wait a minute. Isn't July the Indonesian Presidential election?

Chairman Tan Sri Hadenan had called for a sudden Board of Directors meeting on September 27th but Tey and Ooi could not make it since they had scheduled a family holiday till November 8th. Maybe they should have abandoned the trip.

Maybe not since but in their absence, the Board had appointed a lawyer and announced to sue them. This was done without hearing them out.

After making their appearance in court and denied the allegations against them, they requested on October 23rd for a Board Meeting for October 27th. This time Chairman Hadenan delayed them with various excuses given. As Chairman, he calls the shot on meeting dates.

By the time the meeting was held on October 31st, Tey and Ooi had filed for a derivative court actions against Chong on October 28th and naturally, the Board refused to acknowledge their case.

The Malaysian Reserve reported below:
Protasco boardroom tussle continues

Monday, 03 November 2014 12:37
Azli Jamil

Protasco Bhd’s non-executive director Tey Por Yee claims the company’s Board is protecting MD Datuk Seri Chong Ket Pen by not calling him to defend himself against allegations of RM10 million personal financial gain.

In addition, the resolution to suspend Chong until disciplinary action can be taken was also not allowed to be tabled.

Tey, who has made public accusations against Chong in connection with a failed deal in Indonesia, is seeking to remove the managing director via an EGM later this month.

However, last week, major shareholders of Protasco countered by calling for an EGM to remove Tey and another director Ooi Kock Aun scheduled for an earlier date.

“This Extraordinary General Meeting (EGM) that they have called is deliberately scheduled ahead of ours and will be paid by Protasco. They are trying to prevent shareholders from knowing the truth,” said Tey in a statement on Friday.

Tey claimed that Protasco brought in lawyers who made objections against the tabling of a resolution to suspend Chong. He also alleged that the board then called for an EGM to remove him and Ooi two days ahead of the one sponsored by him to remove Chong.

Tey has called for an EGM on Nov 29, 2014 which he is funding himself with the purpose of presenting the facts and evidence of Chong’s wrongdoing directly to the shareholders and to ask for the removal of Chong.

Tey said Protasco is holding a pre-emptive EGM as indicated from UOBM Nominees (Tempatan) Sdn Bhd and Tan Heng Kui.
If both side of the disputing parties have issues that could affect the interest of company, shouldn't the Board of Directors take the precaution to suspend Chong?

Tey and Chong had called for an EGM for November 28th. Then the Board moved to call an EGM on November 26th earlier.

Clearly the Board looks to be playing Chong's game. 

Maybe till the matters are cleared, the shareholders should just remove all of the disputing parties from the Board of Directors. However, without any major shareholders running the show, who will take responsibility for running the Company?

Anyway one look at it, something ain't right when the elderly Chong made the first move to file a lawsuit to end the failed deal. Maybe he has something held close to his chest. But if they could renegotiate the Sales and Purchase agreement, couldn't they end the deal amicably?

Surely it is not about fiduciary duties since he himself is suspected of funneling money in a strange and suspicious manner. According to Tey and  Ooi, there is a cover-up. [Read back Bigdog here]

Surely there is more coming soon. 

Boardroom tussle to blogsite hustle

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In our first posting on the Protasco boardroom tussle [read here] that will end into two EGMs within the space of two days on November 26th and 28th, we had put a link to a newly established blog by the name of Right To Be Heard.

It seems someone out there refused them the right to be heard. We were reading the blog yesterday while doing up yesterday's posting. Come this morning, someone told us that the new blog was removed [check for yourself here]. 

Was it hacked or the owner had closed the blog? Good thing we saved the above cool picture from their first posting and also the documents revealed in the blog.

If the blog's right to be heard had been denied, it would be similar to the case of  Tey Por Yee and his associate Ooi Kock Aun being denied the right to be heard by the Board of Directors of Protasco. [This was raised in yesterday's posting here.] 

Will this blog be the next one hacked?

Yes, will this blog be next when we post some parts of the documents revealed in that blog, below:

Shareholders Agreement dated November 1st 2012





Amended Sales and Purchase Agreement dated January 29th 2014


 


Supplemental Sales and Purchase Agreement dated 28 June 2013



In essence

Wonder what was so offensive about the disappeared blog's two postings. 

One was highlighting that Chong's signature is on the shareholders agreement with Larry Tey of Global Capital Limited. Another posting was highlighting that they had agreed on something with the Indonesian when things were nice and rosy. 

Now had we been offensive in our two postings to warrant the removal of this blog?

In the first posting, we begin by referring to a posting by the blog Corporate Governance in Malaysia. The blog raised issue on Protasco's foray into oil and gas back in 2013. Why after 2 years is Chong raising it as an issue?

Then we refered to Bigdog's posting to raise questions on Prostasco Chairman Tan Sri Hadenan Abdul Jalil who happen to be on the board of Maybank and Chairman of an important committee in MACC. 

Refering to the Right To Be Heard postings, we highlighted that Chong cannot claim ignorance and asked had there been Board of Director meetings and EGM to approve the investment into Oil and Gas?

Then we claim to believe that Chong was in desperation to get someone to buy a major block from a major shareholder in Protasco so that he will remain in control of the public listed company. 

We speculated that he may never had interest to be in oil and gas but was only seeking a temporary shareholder for the said shares. But in yesterday's posting, we said Chong had commited Protasco's money of RM50 million to the PT ASU deal.

Our second posting yesterday was concerning suspicions on the actions and decisions of the Board of Directors. The suspicion was not clearly spelled but mere intuition from their actions and decisions.

Chong has not explained himself on the allegedly squandered RM10 million money trailed by Tey and Ooi. However, the Board of Directors refused to pass any motion to do an enquiry and stopped motion from Tey and Ooi to suspend Chong.

There was suspicious conduct in corporate governance when the Chairman and Board of Directors seemed to be playing games on dates for Board of Directors meetings and approved a lawsuit without allowing Tey and Ooi to be heard. 

Quite sure that is not how it is practised in MACC. Sorry MACC, just being cynical on Hadenan. 

The interesting part is Tey was willing to confront the Board of Directors on Chong's alleged misconduct but the Board of Directors were not willing to confront Tey and Ooi on their alleged misconduct.

If it is offensive, then this blog could disappear by tomorrow morning too.


By the way, we managed to e-mail the Right To Be Heard blogger and will be checking our private email later. Maybe he or she agree to share some documents.Hope he or she will not give-up but start another blog to give another side to the sometimes bias stories spin by the media.

Through all this, something remain unanswered: 

Why in the heck do these boys Tey and Ooi spent RM95 million to buy about 20% shares in Protasco and bring an oil and gas deal to them when they could have finance the deal themselves? It makes no sense to spend RM95 million to swindle RM55 million. 

And, why Chong prefer to sue Tey and Ooi in a hurry than give a little more time or seek an amicable settlement? Don't give me bullshit about fiduciary duties and responsibility to shareholders.There must be more than meet the eyes. 

Otherwise, a blog would not have been allegedly hacked.So be careful Bigdog. Someone ain't playing fair.

Divine reminder for liberal Azran

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A friend sent us a news report by Reuters today with regard to Air Asia X.

While reading the news on our smartphone at the Airport and waiting for our plane to go for a talk out of town, we were reminded of the above statement by the CEO sometime ago.

It had the malicious intention to shame Utusan Malaysia and was giving support to the critics of Utusan from among the oppositions and left wing liberals.

Supposedly liberals would respect the right and freedom of Utusan to express their views, even if they disagree with Utusan.

After all, they are not denied their space in the media.

In fact, they now have all the space to express their views in the print media. They are dominate the English, and Chinese newspapers. Their online news portal, FBs and other social media are more effective.

The liberals are so vocal and aggresive when it comes to Utusan but silent to the unethical practises, bias and unbalanced reporting, and excessively skewed views of media aligned to their point of views.

The remaining space that the mainstream view have to express themselves via Utusan or NGOs like Perkasa are being smashed to smitterens.

Just last week, the agitator supremo for the racial riot if May 13, 1969 called those with such line of thoughts as extreme. Is he now the mainstrwam thinking of the masses?

It is a wonder whether liberal Malaysians truly understand the basic believe in liberalism for freedom and equality. The liberalism that they understand could merely be the yearning for a bohemian and hedonistic lifestyle.

If Malaysian traditional culture is considered as the norm of society, all race and religion strongly advocate and adhere to moral value, common courtesy, emphasis on humility, and responsibility over excessive individualism.


As for Azran, he must have been in the height of confidence that he lost his bearing as a corporate CEO to use his position to express his personal likes and dislikes peppered with hate.

It is an arrogant act when considering that by explicitly expressing to refuse to advertise in Utusan and spiced it with hatred, he is telling Utusan readers that he does not want their business.

He must have forgotten which station his train is heading for to ignore that Utusan serves the Malay segment of the market.


The question everyone should objectively ponder is: Are the views of Utusan so distructive as to warrant such description of disgust?

Is Utusan's traditionalist views not based on what was an accepted norm in the past and elements of it's relevance still remain?

The freedom, equality and government free environment in the social, economic and political ideas of liberals may not necessarily translate into the peace and prosperity we used to cherish before.

In their quest to change the government or dominate the thinking and direction of governing of the day, it is only perpetuating chaos, hate, misbehaviour, and injustice.

It is a matter of time before the laisse fairre economy, free market and reduced government role will bring about  oppression and misery on the people.

In many ways, we are still a traditionalist who believes God repays back the bad deed you do onto others on earth itself. Such wrath from God is still a gentle reminder.

Otherwise, we will face God in the hereafter on judgement day. That will be too late to repent. Our lifetime on earth is too short but that is the determinant of our hereafter.

For Azran, this could be a punishment for your arrogance:


But it could be that God still loves you and wish to remind you to be humble to other fellow men for we are nothing in comparison to the Almighty.

He still has time to repent and return to the straight and true ways. The least he could do is to start with a common courtesy and lead a moral spiritual life.


Why spend RM97 million to cheat a company for RM50 million?

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Still curious on Protasco Berhad.

The titled question still puzzles us. If Tey Poe Yee and Ooi Kock Aun cheated Prostasco for RM50 million, they run the risk of getting into trouble with the law and have their RM97 million investment in shares forfeited.

Supposed they manage to escape the law,  the company's value will reduce by RM50 million and could translate to a lower share price, thus netting off with much return or even losses. Why take such risk?

Since repeating that line several times in this blog, one blog emerged to try reply us by cooking up a story that the modus operandi of Tey and Ooi resembled what happened to the shareholder of a troubled property company.

Unfortunately it is a poor example to be credible.

So happen we've met the troubled controlling shareholder when living abroad. He was charged for 58 counts of insider trading and his son is still at it cooking up one JV after another. Looks to us that the claimed victim is truly a cheat.

After the blog hacking incident, several blogs emerged to defend Dato Chong Ken Pen but it is filled with sweeping statements, unsubstantiated allegations and unrelated personal affairs.

Till they show the proofs, the comments won't get released. It's intention is diversion.

Yet they want a space in blogosphere by asking us for traffic? Aren't they greedy?

Tey and Ooi are being accused for having "breached their fiduciary and statutory duties, including the duty to disclose their interest in the transaction, conspiracy to defraud the company and the making of secret profits". A recap of the event can be found in The Star here.

Thus far no proof have been revealed and allegations substantiated.

Instead, with the help from one media savvy Director, Chong have cornered the mainstream media and financial papers to the extent that reporters are willing to publish their spin based on "undisclosed source" to build a negative perception of Tey and Ooi.

Chairman Tan Sri Hadenan was heard to be putting his weight as a Chairman in an MACC Committee and as Member of the Board of Directors of Maybank.

By rights, he should expunge himself from all positions for he could be deemed as abusing the influence and prestige that comes with the two positions.

With only the play of perception, will the shareholders vote against them by a mere accusation not accompanied with fact or proof to show?

Go google? That sounded like Rafizi Ramli.

Exchange

In Bigdog's here, a commentator by the nicname of Alice passed a legalistic sounding comment which suspiciously look like it came from Protasco. Then another comentator by the nicname Hangover rebutted. Maybe it is the feisty Tey.

We reproduce both below:

Alice said:
 
I just want to add several facts with regards to the on going case:
1. Protasco’s allegation against Tey Por Yee and Ooi Kock Aun in their lawsuit are that the two directors try to deceive Protasco and making secret profits by establishing an Indonesian companies (PT Anglo Slavic Utama/ASU and PT Anglo Slavic Indonesia/ASI) and inducing Protasco to buy ASU’s shares in ASI without disclosing that they are the owners of ASU and ASI.

Hangover replied: 

Dear Mr Alice Chong,

In the name of all mighty, your boss days are numbered eaten by guilt inch by inch to judgement day. Watch how he rots.

If you wants to quote “facts”, show your underwear like Big Dog does – post a link to the “black and white” facts documents to substance your allegations. Enough lies on “character assassination” in the name of “facts”. Show us you have no balls or else you are man.
 
Lets open the mask one by one to see the ugly face of MD Chong, the only Executive Director in Mickey Mouse Club House.
 
1. A) Big lier Mr. Alice, you are so thick face or blind to keep lying in front of Big Dog on what “deceive protasco and making secret profits”?
 

Your MD Chong “knew and signed a shareholders agreement, knowing the consulting firm may own the rights/mandated or refers deals” for their client (protasco and vendor). So what “deceive and making secret profit”? If any, the one deceive is the one signing, so first to go to jail is MD Chong because he sign such agreement. The more you “deceive Big Dog”, the faster MD Chong goes to jail. Click Big Dog file and slap your own face every time you repeat this lie.

[Refer to our previous posting here which shows Chong as signatories in several agreements]

B) “Establishing indonesia companies and inducing protasco (means MD chong) in buying indonesia asset without telling they are owner of the companies etc.”
 

The consultants “by the order made by client”, (which is MD Chong and vendor), mandated the business advisory firm to help both of you structure the asset to clean up and fits your country needs, in legitimate way. If you never use business advisory services, don’t talk cock to again “deceive Big Dog” inteligence. Your nonsense would means Goldman Sachs, JP Morgan or even CIMB alike who do corporate structuring are “owners” of their projects? So these advisory firms are “inducing” their clients? They all use “woodoo” to hold your MD chong hand to sign contract, sign cheque? Show SSM share registrar to show if the consultants names are in any of your verbal alegations or not, does what Big Dog does – show document proofs. If no proof, don’t insult Big Dog inteligence here.

Alice alleged:

2. Tey Por Yee’s lawsuit through Kingdom Seekers are vexatious at best because after Dato Chong’s last press conference, Tey finally admits that the RM 10million wired to Dato Chong’s bank account was actually part of a payment for a RM 20million loan received by Tey so he would be able to finalize the purchase of Protasco’s share. Larry also said to media, to the effect that he refused to return the rest RM 10million he owned to Dato Chong.

Hangover replied:

2. Making up nonsense in point 1 still don’t feel shameful enough? Further made up defamation statement quoted “Tey admitted the rm10mil was to repay loan bla bla bla”. Most laughable “he refuse to repay bla bla bla”. Which Disneyland Tabloit did you saw Tey said such nonsense? Master of fact twister, put a link here to proof such report.

The fact is newspaper written that Tey has a loan for one of his company more like “security fund” to ensure that MD Chong don’t play cheat and ensure he fulfill his agreement, which only gets to repay AFTER MD Chong “completed oil asset acquisition”. Which means this is totally seperate dealing from the money MD Chong took, and MD Chong has not completed the oil asset acquisition, repay what? This criminal act if Indonesia told media is true, MD Chong does not know how to cover, pulled two unrelated dealing to match his lies. This is too much. Dare enough to show proof of “loan agreement”, which may imply MD Chong go further straight to jail? If no proof, don’t insult Big Dog further. If know the consequences, shut up or he goes in faster!


Alice alleged:

3. It is not that Dato Tan Sri takes side with Dato Chong, but he acted as what he did because Larry Tey/Tey Por Yee failed to produce any documents evidencing Dato Chong’s wrongdoing when he was given chance to during the board meetings.
All of the above informations can be obtained by googling.
That being said, I found that the one who is without integrity is Larry Tey Por Yee and Adrian Ooi Kock Aun.

Hangover replied:

3.  “The mickey mouse club Tan Sri, Dato etc whatever sided MD Chong bla bla bla” and did not see “evidence” nonsense.

Hallo mickeys? All media got a copy, you wide open eye says “you did not see evidence”? The hard evidence is photocopied even nasi bungkus newspaper also can find. Those are black and white copies. Dare to show loan agreement what terms MD chong signed? We forgot, he goes to jail if truth shows he is lying. If so, shut up on the covering.


On the other hand, Tey and Ooi as per media recorded their board minutes shown, “the mickey mouse club” purposely rush a board meeting when they were on vacation, and board minutes shows NO paper proven evidence except “an office boy <>allegations” toilet paper called Statutory Declaration. Hallo mickeys, if a gardener alegations without giving hard evidence saying Tan Sri “rape him”, you straight report polis and sue Tan Sri to court? Without even asking Tan Sri “you rape the gardener?” At least ask him show his dick for lab examination. Wake up Disneyland jokers, you insult Big Dog like he don’t know what is “natural justice”? No matter how you cover up the mickey mouse failure in fulfilling their fiduciary duty as directors (of mickey mouse club), resign or be punished uglily. Shame on your seniority and what ajaran sesat teach you to bully two young people playing “seniority and sympathy”. Definately not infront of Big Dog.


Alice posted another allegation:

Facts giving rise to the case:

1. On November 2012, Tey Por Yee brought a potential investment opportunity to Protasco, which involve the purchase of 76% shares of the total issued share capital of ASI. ASI owned and controlled 49% of PT Firman Andalan Sakti/FAS which owned 70% of PT Hase Bumou Aceh/Haseba.. Haseba had entered into a partnership agreement with PT Pertamina to develop and produce oil and gas in the Aceh Province, Indonesia (the “Project”).
2. Protasco entered into a sale and purchase agreement with ASU for the acquisition of 76% of the share capital of ASI amounting to USD 55million (“SPA”). Pursuant to the SPA, Protasco deposit amount of RM 50million to ASU’s account.

Hangover replied:

The next sentence, again, same old MD Chong style, with defamation and allegation, shameful enough to question Tey and Ooi “integrity”. Hallo? Reading the ugly facts above being reveal, Mr. Alice Chong, you still qualified to even say the word integrity? By now, readers would shout “Snake and Mr. Alice, beat Alice first!” Lets open up more ugly lies below.

The traps lets slice the masked devil line by line:

Alice alleged:

3. Due to significant material discoveries made through the Due Dilligence, Protasco secured a reduction to the purchase price and signed the Amended and Restated Sale and Purchase Agreement. Some Conditions Precedents were not fulfilled on the side of ASU because it is actually not attainable.

Hangover replied:

3. Read the nonsense, you will find clear doubts the entire process. What material findings? Show the facts with proof here. No integrity and shameful to say that “MD Chong don’t want to honor a proven legitimate deal”, no face to admit such guilty motive? The explanation to media report was, MD Chong on purpose setting new terms and cause a supposedly less than 6 months deal as per his shareholders agreement, to delay over 18 months, by setting beyond industry “standards terms by himself” causing the deal to falls into dead lock. Hallo Mickey mouse! Who on the Mickey mouse club knows about a foreign oil business? In what Disneyland name you learn to do business setting “terms to ask government follow your Mickey Mouse way”? There is only YOU the Mouse Club follows what government SOP and terms, not the other way round, rats! If there is a will to HONOR and COMPLETE the feasible and legitimate oil deal, it would have been done by hiring Indonesia oil experts, and completed long time ago. There is no intention except Mickey mouse show, that is how the traps were set in the layers of subsequent Mickey mouse terms. The vendor could have sue the company for defamation and cheating by wasted their time and opportunity cost. Lucky the Indonesia is in new government transition period, no officer is free to sue the Mickeys.

Alice alleged:

4. During a board meeting of Protasco to discuss the issue of SPA’s which resulted in the formation of the investigation committee/IC, Larry Tey vigorously defended ASU.

Hangover replied:

4. Tey as the whistle blower would have told straight forward to the Mickey mouse board members, the lengthen excused by company (MD Chong) to keep delay the due diligence proven asset, and keep adding new terms to a 2 years long deal, would be seen as “intention to not honor a deal”, by common sense if company recklessly set terms beyond industry norms, obviously it would be harmful to company if vendor sue for opportunity cost – it is not uncommon the economic value lost due to Mickey mouse way of handling oil project “all by themselves inside mouse club”, what the rats know about oil?!

Here comes the “burst of ugly face of MD Chong slap wide open the fake mask reveal his true intention”! He just don’t want to honor his words, be it how good the asset is. Why? Because he is a control freak, he does not want to honor his promise to what he signed on shareholders agreement. At the cost of company and at the devil calls to lie to whole world, starting from within his Mickey Mouse club board members!


Alice alleged:

5. The finding of the IC, inter alia, are as follows:
 
a. Larry Tey first approached Dato Chong in November 2012 through his vehicle, Global Capital Limited to jointly develop an oil and gas project based in Indonesia;
 
b. Larry Tey and Adrian Ooi are the beneficial owners of: ASU, PT Inovisi, Acclaim Investment Limited, and PT Green Pine (the largest single owners of PT Inovisi).

Hangover replied:

5. This lie goes on, lucky Big Dog busted Mr. Alice ugly face behind the mask:

A. Bingo! IC what? Investigation Committee or Incapable Cocks?
 

Hello! Shameful enough to post on Big Dog blog, where Big Dog has MD Chong’s shareholders agreement dated 3rd November, 2012 showing all the ugly cries and tears he promised, and here you repeat the lies of “Tey approach chong in November bla bla bla”, then Chong forgot his lie that he told The Sun paper “he don’t know Tey until December 2012. (Read http://www.thesundaily.my/news/1227235) “!?
 

Lier lier lier. The more lie make up stories to cover his wrong doing and bad intentions, the worst off he lost his credibility. Mr Alice, Copy and paste lies also learn a bit, don’t be so lazy.
 

B. “Tey and Ooi are Goldman Sachs, CIMB, Genting owners and shareholders bla bla bla”. Oh really? Challenge Big Dog, show black and white SSM share registrar record to prove so. No hard evidence, run for cover or Big Dog will bite your balls off.

Alice alleged:

6. In view of the findings from the investigations, it became evident that Protasco had been a victim of deception, and fraud by ASU, Larry Tey and Adrian Ooi since neither of them disclosed their personal interest in ASI to the board of directors of Protasco as they are required under the law. In fact, Protasco was wrongly led to believe that the business opportunity to invest in ASI with ASU is undertaken at arms length.

Hangover replied:

6. Here’s the amusing part or jewel of Mickey Mouse Club house IC (incapable cocks) conclusion:
Based on ALL above lies, and an office boy Verbal Lie statement, with zero hard evidence, the Club chairman Latuk Kuching Kurap, Dato Kambing and Mr. hantu concluded “gardener said that Tan Sri rape the gardener is confirm, real, send Syariah court NOW, be stoned today this evening, cannot wait”. 


Tan Sri cries “wait, let me explain….”, Latuk Kuching Kurap said “shhhh, Tan Sri, go explain to Your God, after you are stoned in Syariah court. You cannot talk (truth) in Mickey Mouse Club or else board meeting will record (truth), we all Mouseketeer will be shown made mistake, you die better than we die. Shhhh. F off!” Board meeting dismissed. 

That’s how corporate governance are conducted and justice are served in Disneyland. Interesting?

Anyone who painfully coughed out RM97 million to later face all this, will be angry. Did Hangover  paid that RM97 million?

Leave that as it may.

Due dilligence

Interestingly, the owner of the removed blog Right To Be Heard responded to our private e-mail. After two emails, we received the full agreements and the due diligence report.

The due dilligence report was done by reputable firms internationally and in Indonesia. The email said it was coordinated by Choong's son. See the front cover of the due diligence below:







Since the due dilligence was undertaken by the buyer, Protasco, naturally all the downside are explored. In one go, it the venture seemed to have lots of flaw but that is quite normal.

Chong signed the first SPA on December 28, 2012. Then a supplemental agreement to revise the SPA on June 28 2013.

Finally after the due dilligence, they signed an amended SPA on January 30, 2014. The original deal of 76% at US$55 million was revised to 63% at US$22 million. The flaw had generally been accounted for.

Were they cheated into a potentially losing prepositions?


The above was the number presented to Chong's son and passed to the Board. There will be a profit of US$22 million and with cost expected at 13%.

The deal to purchase PT ASU was profitable. On top of that, The Star here quoted Protasco was given a profit guarantee of US$22 million.

Now, was there a clause in the SPA for PT ASU to get a 10 year extension? That has to be found out but this was highlighted below:


That tenure was laid out on the table.

We are still unsure whether there exist a clause on their SPA agreements that stipulate PT ASU must secure an extension of 10 years from Pertamina.

It is usually up to the government to determine. PT ASU couldn't possibly agree and guarantee to a position beyond their ability to do so.  


In case there is an issue made out on non-disclosure on PT ASU's financial liabilities, their outstanding loan to an Indonesian Bank is made known.
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