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Made in Thailand; Sold in Singapore

UPDATED VERSION. The Bangkok Post has an Op-Ed piece: SHIN CORP SALE: Is Temasek complicit in scandal?

It's written by Thitinan Pongsudhirak, assistant professor of International Political Economy with the Department of International Relations, Faculty of Political Science, Chulalongkorn University.

Thaksin_20060206.jpg

SOURCE: theSun (Feb 6, Pg 8)

Thaksin Shinawatra was returned as Thai Prime Minister for the second term with a trouncing majority. He is, in fact, planning for his 5th Anniversary Speech.

But his opponents massed in Bangkok over the weekend in the largest anti-government demonstration in more than a decade as criticism mounted over the recent sale of Thaksin's businesses to an investment company controlled by the Singapore government.

From The Nation (Feb 6): SHIN DEAL: Is national security compromised?

Many observers fear prying eyes from abroad may now have easy access to both sensitive information and activities. Singapore state-firm Temasek’s takeover of local mobile-phone and satellite concessions, along with broadcasting and air-traffic rights, has raised alarm that it may endanger national security and strategic interests, economists and observers said last week.

They said the biggest worry were the security issues involved when a foreign company could obtain access to information and activities many countries deem sensitive.

Their comments came as Temasek Holdings acquired a 49.6-per-cent stake in Shin Corp. The shares belong to Prime Minister Thaksin Shinawatra’s family and the Damapong family.

UPDATES: The Bangkok Post: SHIN CORP SALE: Is Temasek complicit in scandal?

The Shin Corp scandal involving the Shinawatras' possible tax evasion and insider trading has raised questions of morality and business ethics that impinges directly on Temasek and indirectly on the Singaporean government, with far-reaching ramifications for the Thai public interest and, potentially, national security.

What is most problematic in the Temasek-Shin Corp deal is a foreign government-owned company buying up assets, deemed as tainted by the Thai public, that are owned by the family of Thailand's most powerful person who
is actively in the highest political office. As such, it is not a routine business transaction. The buyer is not an ordinary individual but ultimately a foreign government. The seller is not an ordinary corporate entity but
ultimately a business domain of its prime minister. This is a deal where the buyer should have been mindful of the integrity of the product being offered. Few with respectable moral and ethical standards would want to come
into ownership of a tarnished product, no matter how good a bargain it may seem.

Author Thitinan Pongsudhirak also touched on the issue of spectrum, the multimedia airspace that is now regarded as a national asset by modern definition.

Shin Sat [...] was made possible by the International Telecommunication Union (ITU), an international regulatory agency, which granted operating rights to Thailand as a country due to its national satellite project. As a result, the satellite frequency of Shin Sat does not belong to the company per se but to Thailand. Shin Sat only has the right to use the frequency based on a concessionary agreement.

Now that Shin Sat's owner is not Thai, the Thai public may be able to reclaim the frequency which has military and intelligence applications, while Temasek can certainly keep the satellites. Thailand may now have the option of
developing its own satellite, public or private, to occupy the frequency originally granted to the country by the ITU.

Does that draw an eerie parallel to Singapore's Parkway's acquisition into Pantai Holdings, enabling it a controlling stake in Fomema (lock, stock, barrel with the sensitive HR data) and concurrently leading the way into Avenue Capital's proposed merger with ECM-Libra?

Again the question: Is there permanency in politicising business and commercialising politics? Umno, the Treasury and Bank Negara should know better.

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Comments

What if someone were to draw a Hitler-like moustache on KJ....i dont think he will be on the outside very long....
That's the difference between Thailand and Malaysia...
Perhaps he will be botak by now

Now, if previously you think that Thailand is more 'pariah' than us with all her prostitute and stuff like that, think again. They have more speech and press freedom to us. If that would to happen to us, spray cannons and tear gasses would have appeared even before the rally was started.

Thanks for bringing up this topic, Jeff. There are too many eerie parallels to what is happening just down south of their country.

I really, really am in awe of the Press freedom which the Thais enjoy. Just look at how The Nation ketuk Thaksin, and still goes on printing. No annual permit renewed at the govt's pleasure to put editors [and owners of the papers] in fear of the govt.

Di Malaysia, lain pulak.

As for Thaksin, how long can he still swagger about? I think any elected leader who labels a large segment of his people as "stupid" when they are rising to boot him out soon finds himself OUT!

And when that happens, I think it will be a day to rejoice at the ouster of someone too long in power, and too big headed as a result in all likelihood.

By Jeff’s logic , it follows that :-

PSA of Singapore is now operating 19 ports in 10 countries; does that mean they have now access to who are the sellers and buyers of goods in those countries?

(http://www.internationalpsa.com/factsheet/map.html )

Singapore Telecom, Asia leading telecommunications group with operations and investments in more than 20 countries and territories around the world.

Does that also mean that now they have access to the telephone lines and can eavesdrop on what those leaders of 20 countries are talking about?

(http://home.singtel.com/about_singtel/company_profile/default.asp )

a malaysian hero

The short answer: yes, they can. If they want to.

Read the edited speech made by Eddie Teo, former head of the Singapore SID (Security Intelligence Dept) published recently in the Spore Straits Times.

See also the testimony of US Attorney General Alberto Gonzales to the US Congress sub-committee this week that the US NSA can pretty much listen in to whatever it wants to 24/7.

TEMASEK DEAL: Second Ample Rich found

Published on February 08, 2006

England-incorporated twin firm was trading Shin shares ahead of takeover: Korbsak

There were two companies named Ample Rich – one of them incorporated in the British Virgin Islands and the other incorporated as an English company – actively involved in the trading of Shin Corp stocks in the period leading up to Temasek’s Bt73.2-billion takeover of Shin Corp, according to an investigation by Democrat MP Korbsak Sabhavasu.

Korbsak, who earlier called on banking authorities to check the cash flow of Ample Rich Investments, said that Suvarn Valaisathien, legal spokesman for the Shinawatra and Damapong families, had tried to create the impression that in 1999, before becoming prime minister, Thaksin set up Ample Rich in the tax haven of the British Virgin Islands to facilitate Shin Corp’s planned listing on the Nasdaq exchange in the US.

Suvarn did not mention the existence of another mysterious Ample Rich, which was incorporated with an English nationality, he said. Prime Minister Thaksin has also given the same impression that there was only one Ample Rich, the one incorporated in the British Virgin Islands, involved in the Shin Corp transaction.

However, Korbsak said he went through the share-trading record of Shin Corp and found that two companies – one Ample Rich incorporated in the British Virgin Islands and another Ample Rich with an English nationality – were both shareholders of Shin Corp

and had been actively trading Shin Corp stocks as if they were twin companies. Korbsak will make public his findings on the second Ample Rich on his www.korbsak.com website today.

Before Ample Rich (British Virgin Islands) sold the Shin stocks to Panthongtae and Pinthongta Shinawatra, it had only 229.2 million shares in its holdings, he said. But it actually sold a total of 329.2 million shares – an increase of 100 million shares.

“This is incredible! From whom, or when, did Ample Rich (British Virgin Islands) buy the 100 million shares?”

Korbsak provides the following chronicle to depict the chain of events leading to the final sale.

On June 11, 1999, Ample Rich Investments, set up by Thaksin in the tax-haven of the British Virgin Islands with capital of US$1 dollar, bought 32.92 million shares of Shin Corp from Thaksin himself. Later, these multiplied to 329.2 million shares after a Shin share split.

On December 1, 2000, Thaksin sold Ample Rich to Panthongtae, his son, for US$1. However, Thaksin has never provided documentary support of this transaction. In his statement of his assets to the National Counter Corruption Crime Commission, as required by the Constitution, he did not mention the Ample Rich deal.

On February 12, 2001, the name of Ample Rich did not appear on Shin Corp’s list of shareholders, as reported to the Commerce Ministry. So where did Panthongtae keep the 32.9 million Shin Corp shares?

On April 30, 2001, Panthongtae’s Ample Rich (British Virgin Islands) resurfaced, holding 22.9 million Shin Corp shares. Then, out of the blue, another Ample Rich, incorporated with an English nationality, emerged to hold another 10 million shares of Shin Corp.

There were two Ample Riches!

Korbsak speculates that the original 32.9 million Shin Corp shares were divided into two portions: the first portion of 22.9 million shares was held by Ample Rich (British Virgin Islands) and the second portion of 10 million shares by Ample Rich (English).

Later on, Ample Rich (English) sold out its 100 million shares before disappearing completely from the scene. But Ample Rich (British Virgin Islands) still held on to its 22.9 million shares, to become 229.2 million shares following the share split.

According to Suvarn, Pinthongta entered the scene in May 2005 when she acquired a 20 per cent stake in Ample Rich (British Virgin Islands), bringing Panthongtae’s stake down from 100 per cent to 80 per cent. Ample Rich’s capital was raised from US$1 to $5 in the process.

But a surprise incident occurred again in the period ahead of Temasek’s takeover of Shin Corp. Ample Rich (British Virgin Islands) bought 100 million shares of Shin Corp before parking its new total of 329.2 million shares at UBS of Singapore, which acted as a share custodian.

Was there any insider trading involved during this critical period, Korbsak asks.

“All of the information has been gathered from Shin Corp’s list of shareholders. We can fairly conclude that the Shin Corp stocks that Thaksin transferred overseas were transacted several times, with a volume of around 100 million shares,” he said.

On January 20, 2006, Ample Rich (British Virgin Islands) sold 329.2 million shares of Shin Corp outside the stock exchange to Panthongtae and Pinthongta for Bt1 apiece before the two re-sold the stocks to Temasek at Bt49.25 apiece. They made a profit of around Bt15 billion.

The Securities and Exchange Commission has asked Panthongtae and Pinthongta to come up with documents and other evidence of the transaction to support a claim that they owned Ample Rich in the first place. Yesterday marked the seven-day deadline for the two children of the prime minister to report back to the SEC about their involvement with Ample Rich. They failed to do so.

“The whole episode shows that Thaksin’s clarification that Ample Rich was set up to prepare for Shin Corp’s listing in the Nasdaq does not carry any weight at all, for it now emerges that the Shin stocks held by Ample Rich were being traded all the time and were not kept idle as claimed,” Korbsak said.

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