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October 31, 2007

2 big men await their fates

19:10hr October 31, 2007
Ahmad Fairuz didn't get it.
Power to the Rulers.
Power to the People.


ORIGINAL POST

Two persons are awaiting their fates at this point in time as I blogged this entry.

No news has come out regarding Chief Justice Ahmad Fairuz Sheikh Abdul Halim, who was said to have applied for an extension of his service but was facing severe obstacles.

Ahmad Fairuz's name was linked to alleged brokering of judges' appointments exposed in the Lingam Tape. His tenure as the CJ expires as he turns 66 today.

There is also no news whether Commercial Crime Investigation Department (CCID) director Ramli Yusuff, dubbed the RM27 million man, will be arrested after he spilled the beans yesterday on the police, the ACA, the Attorney-General's Chambers and the Ministry of Internal Security -- all four direct reports to the Prime Minister.

In an unprecedented departure from police culture in Malaysia, he included detailed accounts of investigations against an underworld kingpin in a three-page statement distributed to the press yesterday.

At the press conference, Ramli was adamant that he would not resign even though he claimed the ACA had breached Section 21(4) of the Anti Corruption Act 1964 by leaking the information about his being probed for alleged undeclared assets.

He said he will serve out his tenure as he is due for retirement on December 9 this year. He is slated for leave prior to retirement starting from November 3, during which he would perform his umrah (minor haj) in Mecca.

He said, during his absence, he hoped the issues of his men being mistreated by the ACA, and other irregularities involving the ACA and the AG's Chambers "will be dealt with by the Ministry of Internal Security" of which PM Abdullah is the minister.

He also revealed that, until September 2006, he was cleared of any corruption allegations and was confirmed as a three-star general.

"If I am under ACA investigation, definitely, they won’t confirm my rank," he said. "But, when I was about to get my PGPP (Pingat Gagah Pasukan Polis) - the highest award from the police force - it was cancelled because I was under ACA investigation."

He denied the allegation against him, claiming that his source of income is more than his assets -- even after almost 38 years in the force. "It is up to the ACA to make an evaluation," he said.

Precarious situation

Let's set aside the case of the CJ seeking an extension to his tenure as it is being deliberated by the Conference of Rulers right now.

Let me hasten to put it in context that the Rulers, who normally do not rock the boat, collectively showed their strength earlier this year when they refused to endorse the Prime Minister's candidate for the Chief Judge of Malaya, the third most senior post in Malaysian judiciary.

Ramli's situation is precarious as the stakes are stacked against him. While Ramli's superior, IGP Musa Hassan, was recently given a 2-year extension to his service by the Abdullah Administration about one year ahead of his schedule retirement, Ramli did not indicate he will get the same treatment.

At the explosive press conference yesterday, Ramli had implied the existence of factions in the police force.

However, his claim was denied the same day by Musa, who would only concede a “difference of opinion”.

Interestingly, Musa had recently claimed that he was being framed by his own men after he was cleared of yet another ACA investigation that implicated him, the Inspector-of-Police, in an alleged RM2 million bribery in releasing three gangsters.

What had all these made-by-police exposé meant to you?

Three key questions of governance

According to reporters who covered the press conference, it was Ramli who prodded the journalists to raise as many questions as they liked.

In between, Ramli raised several questions on good governance, or the lack of it, in many high places.

Firstly, was there trial by media to his disadvantage?

Ramli questioned how did the press manage to know about the ACA investigation on him when the notice served on him under Section 32 (1) (A) of the Anti Corruption Act 1964 was supposed to be confidential. Quote Malaysiakini:

“Therefore I don’t know how this could have been leaked. According to New Straits Times and Berita Harian, their source is from the ACA,” he said.

On the effects of the media reports, Ramli said it was embarrassing and had taken a toll on his personal life.

He said it was not fair for the ACA to reveal such information to the press as no action had been taken against him.

“I’ve been suffering for three months since (the news) appeared in the papers. The papers didn’t clarify with me either. I think it’s not fair. I’m an ordinary human being. I have feelings. I have my family,” he said.

Secondly, how well did the ACA protect police informants?

Ramli said there exists a clear and present danger as to the intelligence gathering ability of the police force and its ability to protect its informants.

He added that, when several officers of the CCID investigating into the underworld kingpin and banishing him to Kelantan were arrested and charged in court for allegedly falsifying evidence, the names of the confidential informants have been disclosed in the charge sheets.

He said he was gravely concerned by the manner in which the identities of police informants are dealt with in investigations carried out by the ACA. "The identities of the informants were obtained through the circumvention of the Inspector General's Standing Orders," he said.

On this matter, Ramli paraphrased Prime Minister Abdullah Badawi’s call for authorities to protect whistleblowers.

“So I think we, we as the police force must protect our informants. That is my stand,” he said.

Thirdly, was there political manoeuvring in the AG's Chambers?

Ramli claimed it was unprecedented for an officer of the Attorney-General’s Chambers, attached as the legal adviser of the Ministry of Internal Security, to decline to advise and direct his officers in CCID in the case of underworld kingpin and related activities of crime syndicates involving Datuks and JPs.

Ramli said it was deputy internal security minister Johari Baharom who directed him to investigate Ah Longs which led to the banishment of a gambling kingpin and have him banished to Kelantan.

Press reports later said the ACA and the police Criminal Investigation Department had cleared the Chinese kingpin of any wrongdoing. Subsequently, the kingpin applied to the High Court to set aside the banishment order against him.

He said his officers had to prepare affidavits of the events surrounding the preparation of the investigative papers on the kingpin for the benefit of the deputy minister of internal security -- Johari Baharum.

"Those affidavits were to be filed in the High Court arising from the application by (the kingpin) to have his banishment order set aside," he revealed yesterday.

"Given the constraints of time, we, the officers of the CCID, sought legal advice from a private law practice who advised and assisted in the preparation of the draft affidavits concerned," he added.

"I was under advice at the time that the Attorney-General (Abdul Gani Patail) was under a duty to advise and assist us in the preparation of the said affidavits under Article 145 of the Federal Constitution and the Government Proceedings Act, 1956," he said.

Subsequently, he and his officers were directed to deliver up the confidential case files containing the names of the confidential informants to the Attorney-General's Chambers.

"I have since been aware that officers of the ACA have tracked down these informants and taken statements from them," he said.

"Subsequently, these informants have made further statements in connection with their seeking of protection from the deputy minister of internal security."

Please, oh please don't ask me if Johari Baharum had been of any help, the way Ramli had related to us.

This is 4 years of Abdullah Administration for you. As the two big men await their fates, other Malaysians hang theirs on the line should governance fails further.

UPDATES: The Umno-led Selangor government is tearing down Hindu temple again. Lawyers went to help and were arrested, handcuffed. My colleague blogged: The Police Must Be Crazy.

YOU in good hands?

Abdullah4.jpg

By nightfall today, it would have been four years of Civil Law, Syariah Law and the Son-in-Law, post-Mahathir.

Plus, perhaps, some corridors here and there.

Are you in good hands?

Over Bak Kut Teh... people move over

Zorro zapped again after reading Aniza Damis!

October 30, 2007

RM27 million man... and a made-by-police exposé

Even whistle-blower informants assisting in Police's own investigations have no identity protection, let alone people privy to the authenticity of the Lingam Tape.

That's the chilling truth that blew up in a made-by-Police exposé today.

In a hastily called press conference just now, Commercial Crime Investigation Department (CCID) director Ramli Yusuff has confirmed that he is the police officer being investigated for having RM27 million in undeclared assets.

A Malaysiakini.tv video clip shows that Ramli had ordered reporters from Malaysiakini and Malaysia-Today out before he started the press conference.

Ramli said his press conference, held at the CCID headquarters in Bukit Perdana, Kuala Lumpur, was to "clarify things... certain things".

He subsequently issued a three-page statement, in which he made a number of allegations, including that the police force had failed to stand by him and his officers during the ACA investigation on them (see below). Quote:

I have until today remained silent about developments in the police force, in particular, the arrest and prosecution of officers of the Commercial Crime Investigation Department (CCID) who are alleged to have falsified statements of confidential informants in connection with the banishment of one ...

He also revealed that his legal adviser, Rosli Dahlan, was arrested on the eve of Hari Raya, and charged for the alleged failure to comply with a notice served on him at the behest of the ACA.

He said he was "gravely concerned by the manner in which the identities of police informants are dealt with in investigations carried out by the ACA".

"In the charge sheets, the names of the confidential informants have been disclosed," he added.

“The identities of the informants were obtained (by the ACA) through the circumvention of the Inspector-General’s Standing Orders," he claimed.

"Given these events, there exists a clear and present danger as to the intelligence gathering ability of the police force and its ability to protect its informants," he said.

Empire strikes back?

Malaysiakini said it understood that Ramli had been ordered to declare his assets, which he did on Sept 19 to the ACA deputy public prosecutor.

October 25, Screenshots made a casual mention of more things to come in this blog entry. Is the Empire striking back? Will Jedi ever return? Or political Darth Vader is set to continue ruling?

Ramli-expose_25317.gif
SOURCE: Malaysiakini

If the Hari Raya open house is still on, it's worth revisiting deputy Internal Security Minister Johari Baharum, whose name and official designation and functions were mentioned numerous times in Ramli's statement.

Particularly, Ramli left this cliff-hanger before he concluded his press statement:

I will be departing for my umrah (minor haj) and in my absence, I hope these issues will be dealt with by the Ministry of Internal Security.

Johari's boss in the Ministry of Internal Security is none other than Prime Minister, Abdullah Badawi.

Interesting.

From Malaysiakini

Ramli: Disturbing events in the force
Oct 30, 07 3:26pm

The following is the full three-page press statement released by Commercial Crime Investigation Department chief Ramli Yusuff today.

I have until today remained silent about developments in the police force, in particular, the arrest and prosecution of officers of the Commercial Crime Investigation Department (CCID) who are alleged to have falsified statements of confidential informants in connection with the banishment of one Goh Cheng Poh @ Tengku.

Sometime last year, a joint committee and a special task force were established at the cabinet level and PDRM (Malay acronym for the Royal Malaysian Police) respectively to combat the worrisome menace of Ah Long (loan sharks) activities and illegal gambling.

In March 2007, the deputy minister of internal security (Mohd Johari Baharum) gave specific directives to the CCID on the activities of certain crime syndicates operating in Johor involving certain Datos and JPs (both are honorific titles).

The investigations by the CCID led to the eventual detention and banishment of the said Goh Cheng Poh @ Tengku to Jeli, Kelantan. The detention and banishment order was made under the hand of the deputy minister of internal security, based on the intelligence gathered by police officers of the CCID.

(The person being banished) Goh is on his own confession a person of questionable background, having been banished previously and who was involved in a shooting incident in which a friend of his was shot and murdered. The merits of his banishment are a matter which is within the subjective purview and prerogative of the deputy minister of internal security and, consequently, I am not at liberty to comment.

Soon after the banishment order was made by the deputy minister of internal security, the press reported that both the ACA (Anti-Corruption Agency) and the Criminal Investigation Department (CID – another police department) had already investigated and cleared Goh of any wrongdoing.

This certainly did not include the subject matter of the CCID’s investigations into Goh's affairs as directed by the deputy minister of internal security. In the aftermath of these newspaper reports, Goh applied to the High Court to set aside the banishment order made against him by the deputy minister of internal security.

AG's unprecedented stance

In an unprecedented stance, the legal adviser of the Ministry of Internal Security, an officer of the Attorney-General’s Chambers, declined to advise and direct my officers and I (to) prepare affidavits of the events surrounding the preparation of the investigative papers on Goh for the benefit of the deputy minister of internal security.

Those affidavits were to be filed in the High Court arising from the application by Goh to have his banishment order set aside. Given the constraints of time, we, the officers of the CCID, sought legal advice from a private law practice who advised and assisted in the preparation of the draft affidavits concerned.

I was under advice at the time that the attorney-general (Abdul Gani Patail) was under a duty to advise and assist us in the preparation of the said affidavits under Article 145 of the Federal Constitution and the Government Proceedings Act, 1956.

My officers and I were then directed to deliver up the confidential case files containing the names of the confidential informants to the Attorney-General's Chambers. I have since been aware that officers of the ACA have tracked down these informants and taken statements from them. Subsequently, these informants have made further statements in connection with their seeking (of) protection from the deputy minister of internal security.

During the course of these events, the press began widely reporting the involvement of a Sr. (senior) police officer for the following:

  1. Investigation by ACA into the unexplained accumulation of wealth alleged to be RM27 million;
  2. Investigation by the ACA of the said senior police officer taking on the role of an "enforcer/godfather” of a company in Sabah and being its shareholder/director without departmental clearance; and
  3. Investigation for the abuse of powers by the CCID in the crime preventive action concerning the detention and banishment of the aforesaid Goh.

Although the name of the officer was not disclosed, it is a public knowledge that I was the officer referred to in these widely sensationalised news.

I understand that one Sok One a/l (anak lelaki) Esen, an ACA officer, has sworn and filed an affidavit in the proceedings brought by Goh to have his banishment order set aside. In that affidavit, Sok One confirmed that the ACA was investigating the CCID in connection with Goh’s allegations of CCID officers having abused their powers.

My lawyer arrested

On the eve of Hari Raya, one of my longstanding friends who also acted as my legal adviser was arrested and charged for the alleged failure to comply with a notice served on him at the behest of the ACA.

One of the officers present at the time of his arrest and detention was the said Sok One. He was also one of the lawyers who assisted in the preparation of the affidavits of CCID officers filed in the proceedings in connection with the Goh case.

Within the week, several officers of the CCID were arrested and charged in court for allegedly falsifying evidence concerning the banishment of Goh. In the charge sheets, the names of the confidential informants have been disclosed.

I am gravely concerned by the manner in which the identities of police informants are dealt with in investigations carried out by the ACA. The identities of the informants were obtained through the circumvention of the Inspector General's Standing Orders. Given these events, there exists a clear and present danger as to the intelligence gathering ability of the police force and its ability to protect its informants.

These are disturbing events and will undeniably have a deep impact, not only on the CCID but the police force as a whole. The officers of the CCID have been mistreated by the ACA and are yet to be protected by their own force.

I will be departing for my umrah (minor haj) and in my absence, I hope these issues will be dealt with by the Ministry of Internal Security.

No. Azlan Shah is too tough for him to understand

At the 14th Malaysian Law Conference yesterday, former Lord President and former Yang DiPertuan, Sultan Azlan Shah, spoke at length about the concept of the Rule of Law, and the prescription of "Government of laws, not of men".

Prime Minister Abdullah Badawi was more straight to the point. He rebuked and reprimanded the Malaysian Bar over its recent ‘Walk for Justice’ in Putrajaya.

He mentioned nothing of Bar Council's demand in association with the peace walk, namely the setting up of a Royal Commission to investigate the Lingam Tape controversy, and the establishment of a judicial appointments commission for the appointment and promotion of judges.

Instead, Abdullah blamed the walk for potentially creating "the impression that a problem has reached an intractable impasse - even when in reality, it has not."

He said the Council should have anticipated the repercussions of its public protest against the state of the judiciary.

'You scare away foreign investors'

According to Associated Press, Abdullah even warned the country's lawyers that their demands for judicial reforms could clash with national interests and send foreign investors fleeing.

He gave an example by saying when the Bar Council officially supports dissenting judgments or pushes forward its view that Malaysia is a secular state, it must take care to not simply represent the views of certain segments of society, or any internal pressure groups or its members.

However, Bar Council president Ambiga Sreenevasan echoed the Sultan's stand by saying that ensuring the rule of law via judicial reforms would be good for investment and is crucial if Malaysia wants to have a modern economy.

Should Parliament House go Putrajaya?

What does Parliament House mean to you, dear Malaysians?

Parliament-House.jpg

Some Parliamentarians -- in the wake of leaking roofs and Samy Vellu's escalating bills jumping from RM50 million to RM100 milion, and still counting -- are proposing for the Parliament House to be shifted to a spanking new office in Putrajaya, the administrative capital.

Is the Parliament just an office or an institutional edifice that encapsulates the independence of the Legislature?

Democracy & Separation of Powers

Malaysia practises Parliamentary Democracy. The Legislature is one of the three branches of a democratic government, alongside the Executive and Judiciary.

In all possibility, the Legislature can in theory provide for a vibrant system of checks and balances as an independent autonomous institution, or as mere wallpaper trappings of democracy.

Right now, Judiciary is rotten, while Legislature, in reality, is seen as an extended arm of the Executive, more so with the incumbent controlling over 91% majority of the Dewan Rakyat.

Read what Shaila Koshy wrote on Sunday: Where should Parliament sit? Then, even pretentiously allured by the prospects of getting to buy a retirement home in the land that the Parliament currently sits, tell us, if we should move the Parliament House to join Abdullah Badawi in Putrajaya?

Or, in simpler terms, tell us WHAT does Parliament House mean to you as 21st century Malaysians?

For context, the Palace of Westminster, which houses the Parliament of the United Kingdom, was built in the 1860s.

Malaysia's Parliament House was built in the 1960's. It was opened by the third Yang DiPertuan Agong on on November 21, 1963.

October 29, 2007

Judiciary: Sultan Azlan Shah shares his Disquiet

UPDATED VERSION. DISQUIET, the word popularised by lawyer-blogger Malik Imtiaz Sarwar who used it as the title for his blog, popped up in Sultan Azlan Shah's speech when he opened the 14th Malaysian Law Conference this morning.

He received a 2-minute standing ovation from the 1,500 strong audience made up primarily of lawyers and legal experts when he finished his opening speech.

Associated Press said the Abdullah Administration is now facing mounting pressure to pursue judicial reforms, as the country's former Yang DiPertuan Agong has voiced distress that judges are losing their case in the court of public opinion.

The wire agency said, by relating to recent "disturbing events relating to the judiciary", Sultan Azlan Shah was making an apparent reference to a scandal involving a video tape that allegedly provides proof of judicial corruption.

The Sultan, who is a former Lord President, said:

Sadly I must acknowledge there has been some disquiet about our judiciary over the past few years and in the more recent past. In 2004, I had stated that it grieved me, having been a member of the judiciary, whenever I heard allegations against the judiciary and the erosion of public confidence in the judiciary.

Recently there have been even more disturbing events relating to the judiciary reported in the press. We have also witnessed the unprecedented act of a former Court of Appeal judge writing in his post-retirement book of erroneous and questionable judgements delivered by our higher courts in a chapter under the heading “When Justice is Not Administered According to Law”. There are other serious criticisms.

Judging=the=Judges.JPGI could be wrong, but I reckon Sultan Azlan Shah was referring to the book by former Court of Appeal Judge N.H. Chan, titled: Judging the Judges.

Significantly, Sultan Azlan Shah said he felt compelled to speak at length on the issues relating to the Malaysian Judiciary, and the urgency to seek redemption and to regain the glory of a time when our Judiciary and legal system were the pride of the region.

"It is my earnest hope that the Malaysian judiciary will regain the public’s confidence and it will once again be held in high esteem as it once was held," he said.

He brought up some recent cases. Quote:

Only last week, I read in a latest Malaysian law report that a case of medical negligence involving a death of a lawyer took 23 years to reach the Court of Appeal.

Similarly there have been reports that some judges have taken years to write their grounds of judgements involving accused persons who have been convicted and languishing in death row.

Surely, such a situation cannot be tolerated in any progressive nation.

Rule of Law

Before giving his opinion about the quality of Judiciary in current day Malaysia, Sultan Azlan Shah spoke about the Federal Constitution and pillar of Rule of Law, as expounded by Lord Woolf in April 2004; and how present day judges should behave themselves judicially.

He recalled his days sitting in the Federal Court in 1977 during which he spoke on the 3 essential features of our constitution. He quoted himself:

“It is the supreme law of the land embodying three basic concepts: One of them is that the individual has certain fundamental rights upon which not even the power of the state may encroach.

The second is the distribution of sovereign power between the states and the federation, [...]

The third is that no single man or body shall exercise complete sovereign power, but that it shall be distributed among the executive, legislative and judicial branches of government, compendiously expressed in modern terms that we are a government of laws, not of men.”

Having explained the prescription of "Government of laws, not of men", Sultan Azlan Shah drove home the message that those who are entrusted to administer and uphold the constitution -- meaning the Executive, or government of the day -- must embalm in their hearts and minds of a belief in the values and principles that animate the august document, the Federal Constitution.

He reiterated that the prescription that “we are a government of laws, not of men” describes the basic principle that runs through our entire constitution-the principle of the Rule of Law.

Based on the non-compromising sanctity of the Constitution, Sultan Azlan Shah said our Judiciary and judges can enjoy assured security of tenure under the Constitution. Therefore, the judges should discharge their duties impartially, confidently and competently.

Loss of confidence in Judiciary

He said in these days, judges must ever be mindful that the loss of independence can come from many sources, and not just from the Executive.

He reminded the judges that they must piously resist the lure of socializing with business personages and other well connected people or face "the unedifying spectacle of recusal applications:.

(The Lingam Tape popped up on my mind!)

Quote:

Nothing destroys more the confidence the general public, or the business community has in the judiciary than the belief that the judge was biased when he decided a case, or that the judge would not be independent where powerful individuals or corporations are the litigants before him.

Confidence in the judiciary may also be eroded where the business community perceives incompetence in decision-making. A judgment in a banking or commercial transaction that is contrary to the established norms or which is incomprehensible in its reasoning is bound to give rise to suspicion and loss of confidence.

It therefore becomes apparent, that our attempts to establish ourselves as a leading financial and commercial center will fail, if we do not have a competent judiciary to decide on complex commercial disputes. In this regard, it is utmost importance that the foreign investor have faith in the competence and integrity of our judiciary.

(Oh gee, Harry Lee's recent address at the International Bar Association Conference Singapore jolted my mind. What a concurrent view!)

Judges should be like Caesar's wife

Interestingly, Sultan Azlan Shah chose to rub it in further by advising the judge to be like Caesar’s wife, that he should be above suspicion.

Explaining further, Sultan Azllan Shah said public confidence in the judiciary is based on four evaluating criteria. They are:

(1) the principle of independence of the judiciary;
(2) the principle of impartiality of adjudication;
(3) the principle of fairness of trial; and
(4) the principle of the integrity of the adjudicator.

He then asked: How does our judiciary measure today against these criteria?

Good lawyers, bad lawyers

After the judges, Sultan Azlan spoke on good lawyers and bad lawyers.

It was reported that Sultan Azlan Shah had the conference delegates in stitches when he mistakenly said "there are good lawyers and bad judges" when he meant "bad lawyers" before smiling and correcting his error.

To him, bad lawyers are those who are in clear dereliction of their responsibilities, have either misled the courts, or attempted to choose the judges or courts for their cases to be heard so as to obtain a favourable decision in their client’s favour.

This is serious interference with the administration of justice and the process of the court, he said.

Therefore, according to him, there cannot be an independent Judiciary without an independent Bar.

Rocky and I are particularly kept on high-wire anxiety as both of us, in the course of our blogging life, are currently facing defamation suits instituted by a politically-linked listed media company.

'Don't trample underfoot their rights'

Sultan's last salve at the judges related to the execution of justice in a plural society.

He said: "Judges in Malaysia must be ever mindful that they are appointed judges for all Malaysians."

They, he added, must be sensitive to the feelings of all parties, irrespective of race, religion or creed, and be careful not to bring a predisposed mind to an issue before them that is capable of being misconstrued by the watching public or segments of them.

Lastly, he chose to quote the observation from his predecessor at the Bench, Tun Suffian:

“In a multi-racial and multi religious society like yours and mine, while we judges cannot help being Malay or Chinese or Indian; or being Muslim or Buddhist or Hindu or whatever, we strive not to be too identified with any particular race or religion – so that nobody reading our judgement with our name deleted could with confidence identity our race or religion, and so that the various communities, especially minority communities, are assured that we will not allow their rights to be trampled underfoot.”

We must say a prayer to all the Subashini's in Malaysia for Tun Suffian is long dead.

NOTE: The full text of Sultan Azlan Shah;s speech is available on the Bar Council website.

Perception of Judiciary: Nazri vs. Perak Sultan

IS THERE A STAND-OFF BETWEEN EXECUTIVE AND MALAY RULERS? The 14th Malaysian Law Conference was held in Kuala Lumpur today, after months of planning and protocol arrangement.

However, people attending the conference could sense that there was a shroud of of uneasiness between the Prime Minister and the the Malay rulers.

As it is, the opening ceremony this morning was a function attended by the Sultan but the Prime Minister was said to have made an 11th hour decision to absent himself.

According to Star's Shaila Koshy, the Bar Council's biennial Malaysian Law Conference was supposed to have struck two firsts: a ruler who is a former head of the judiciary himself, and the head of government will attend the conference together.

Protocol arrangement has earlier confirmed that Sultan of Perak and former Lord President, Sultan Azlan Shah, will open the conference and give a short speech, while Prime Minister Abdullah Ahmad Badawi will deliver the keynote address.

Abdullah sent in his court jester instead.

Shooting down various proposals raised by Malaysian Bar Council, de facto law minister Nazri Abdul Aziz said the erosion of public confidence in the judiciary is a matter of perception by the lawyers, who he termed as minority group of the country.

However, Sultan Azlan Shah, who declared open the conference, said public perception of the judiciary ultimately matters. (Read the Sultan's full speech here.)

Nazri is a subject of Perak, where Sultan Azlan Shah is the incumbent ruler.

Quote Malaysiakini:

"The principle quality that the judiciary must possess is impartiality. It means that judges are not only free from influence of external forces but also of one another," he said.

The former Lord President had the delegates in stitches when he mistakenly said "there are good lawyers and bad judges" when he meant "bad lawyers" before smiling and correcting his error.

He also said that judges should resist socialising with business personages and other well-connected people.

He added that it is time for the country to undertake major reforms in its commercial court structure and procedures to compete with other countries.

Meanwhile, Malaysiakini also reported that Prime Minister Abdullah Ahmad Badawi cancelled his appearance at the opening ceremony at the eleventh hour to officiate the East Coast Economic Region (ECER) today.

However, he is to make up by reading his keynote address at a dinner hosted by him for conference participants tonight.

The three-day conference is themed: '50 Years of Independence'. Topics covered include issues related to the Federal Constitution, the country's legal system after 50 years, the rights of the stateless and indigenous people, freedom of expression in arts, freedom of information, and the role of Asean in Burma.

Wheelchair: Badruddin apologises to Karpal

MP for Jerai Badruddin Amiruldin (BN -- Umno), apologised to MP Karpal Singh (DAP - Bukit Glugor) in the Dewan Rakyat today.

However, Karpal was not in the House to accept Badruddin's apology. Fong Po Kuan (DAP-Batu Gajah), who represented Karpal, praised Badruddin for his action.

"You have just set a very good example (to everyone in the Dewan Rakyat). I will certainly pass the message to Karpal," she said.

Badruddin made the apology while debating the Supply Bill 2008 this morning. Apart from Karpal, he also apologised to "others who could have been offended" by his statement

Last week, Badruddin came under fire for disparaging Karpal Singh for being wheelchair-ridden because God had punished him.

Deconstructing Abdullah's legal brain

Knowing the human flaws in de facto Law Minister Nazri Abdul Aziz, NST journalist Aniza Damis must have got the better of him -- she virtually cajoled the minister to do a mental striptease in public!

Read this interview, where the minister said about bloggers:

I don’t (read blogs). I don’t waste my time. The few pieces that people print for me are just rubbish.[...]

Our bloggers are really not up to standard. When they put up something, it’s not something that they want to discuss in a very intellectual way. It’s more because of their anger - the language they use. Why should I read all this rubbish? When the standard of our bloggers is upgraded, then probably I will look at what is written. But anyway, they are a minority. My concern is for the majority.

Oh yes, it takes a journo-blogger to conclude that Nazri doesn't read blogs. If he did, they were printout versions prepared by people, not reading off computer monitor by himself.

In actual fact, Nazri's interview has a larger picture in mind, It's about the super limbo in the current Abdullah Administration: The video clip, the walk, the panel.

Lawyer-blogger Malik Imtiaz read the interview and concludes that this Nazri "reminds us of how much we are to blame for the Government we have".

Read Imtiaz's blow-by-blow deconstruction of the joker -- here and here.

Here are the parts of disquiet:

It is a chilling indication of how far removed the Government is from the needs and aspirations of the people, of how drunk with power those who lead us are.

It dramatically underscores the need for us to start thinking about what we need to do to improve the system around us. Judging by Nazri's comments, the Government is in no hurry as its interests, and by that I take it those of the individuals who form the government, are served.


What does Malik say that we need to start thinking about what we need to do to reform Malaysia? His deconstruction of Nazri -- Abdullah's legal brain -- is best looked upon via journalist Aniza's loaded questions unto the minister:
  1. Q: Is there a crisis in the judiciary? Why is there a perception of there being one?

  2. Q: Some 1,000-2,000 lawyers were involved in the Bar Council walk. Are you saying that that many lawyers have been misled?

  3. Q: You don’t think 1,000 (lawyers taking the walk) is enough?

  4. Q: Aren’t the views of the minority also important?

  5. Q: So, if you wanted to be convinced (that there is a crisis), you would need 7,000 lawyers to walk?

  6. Q: Do you really want that many people marching in the streets?

  7. Q: But what if people want a BN government, but they also want you to ensure a clean judiciary?

  8. Q: You’re the de-facto Law Minister. And they are not asking for a sacking — they are asking for a more transparent appointment system.

  9. Q: But if we had a transparent system, perhaps all judicial appointees would be acceptable to the people.

  10. Q: Can the (Judicial Appointments) commission be appointed by consensus or stakeholders?

  11. Q: You have said the government was happy with the current system of appointments. Why?

  12. Q: Is the tenure of the chief justice going to be extended?

  13. Q: The video-clip issue will not yet be settled at the time of his retirement (scheduled for Thursday). Don’t you think that it’s rather unfortunate for him to retire before this matter is settled?

  14. Q: Has the prime minister indicated anything to you?

  15. Q: If you just take into account what is printed in the media and what comes out in the blogs, it would appear that there is a crisis in the judiciary.

  16. Q: Coffeeshop chit-chat is not important?

  17. Q: But the fear that is felt is genuine.

  18. Q: So, you don’t think it’s important to try to address the worries of these people?

  19. Q: Do you read blogs?

  20. Q: Indians in Malaysia are a minority. Does that mean that they don’t count?

  21. Q: What did you mean when you said that, by walking, the lawyers were behaving like the opposition?

  22. Q: Bar Council president Ambiga Sreenevasan said the reason they walked was that they felt all their appeals were falling on deaf ears.

  23. Q: But why would you want to cover your ears?

  24. Q: Maybe walking just says that they are partisan towards justice?

  25. Q: Is there anything wrong in walking for your beliefs?

  26. Q: If, for instance, the Bar Council wants to take that avenue (of getting an appointment with the PM) now, can they still take it?

  27. Q: The Bar Council claims that they have never been able to get an appointment with the CJ.

  28. Q: But you are more than an ordinary person. You are also the de facto law minister.

  29. Q: That’s very irresponsible (for Nazri to say "you cannot divorce me from the fact that I am also a human being").

  30. Q: Why didn’t the government empower the panel to compel witnesses?

  31. Q: What if the video clip is genuine, but the person doesn’t want to come forward?

  32. Q: Why can’t you set up something that can compel a person to come forward?

  33. Q: The third party that brought forward the video clip says they are not going to talk to the panel; it is only going to talk to a royal commission.

  34. Q: If people come forward and give their statements to the panel, and the authenticity of the video clip is verified, what would the next step be?

  35. Q: Why not just set it (Royal Commission) up from the beginning?

  36. Q: There is less than two weeks for people to come forward with what they have. Are you hoping that they will?

  37. Q: Maybe the informants’ concern is not so much the government, but that the parties in the video clip might take action against them.

  38. Q: So how is anyone supposed to do their work, if they are not protected?

  39. Q: Where is the Witness Protection bill now?

  40. Q: You have said that even without a Witness Protection Act, the government can still protect witnesses.

  41. Q: So, why do we need a Witness Protection bill?

  42. Q: If someone were to come forward now, on the video clip, how much protection could you offer?

  43. Q: But that requires the person to come forward first. This is no guarantee of protection.

  44. Q: What happens, if, by the closing of office hours on Nov 7, no one has come forward to the Independent Panel) ?

  45. Q: So, the conclusion is that there is no issue?

  46. Q: But at the same time, a video clip has been released, there’s been a walk, there’s been concern?

  47. Q: So, the government’s not going to do anything?

  48. Q: Would you be sad, if no one came forward?

Finally, after all the 49 leading and loaded questions, journalist Aniza was satisfied she got the story, and Nazri said: "But because this is a video clip whose authenticity has not been verified, then no further action can be taken."

Now, go to Malik Imtiaz's DISQUIET.

October 28, 2007

HSBC-COBRA Rugby 10s

HSBC-COBRA Rugby 10s is entering into the finals today. This is the 38th international tournament organised by my kind of sports club, which comprises civilian rugby enthusiasts who expect only token subsidy from the government. They rest is resilience and hard work on their own.

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LensaPress photos by Jeff Ooi

More pictures are available in LensaMalaysia photography portal.

National Bloggers' Day, Indonesia

The proclamation was made by Indonsia's Communications and Information Minister Muhammad Nuh at the Pesta Blogger 2007 held at Blitz Megaplex in Jakarta, yesterday (October 27).

The bloggers' meet was attended by over 480 participants. Unspun said at least about 400 of them were bloggers while the rest were observers. It has been an unprecedented bloggers gathering that was made up of bloggers not only from Jakarta, but from as far away as Poso.

Don't let ZAM read this. he can't take it

October 27, 2007

Support Terry Fox Run for cancer research

Terry Fox Run 2007 Kuala Lumpur is back again the following Sunday, November 4.

Photography portal LensaMalaysia.com will reprise its role using the power of pictures for a noble cause, raising fund for cancer research, a legacy left behind by Canadian cancer victim, Terry Fox.

The Terry Fox Run is not a speed competition, but a leisurely family run outing.

You are invited to buy the Terry Fox Run T-shirt, put them on on Run Day, and join the fun for a noble cause. Proceeds of the T-shirt sales, donations and sponsorship contributions will go to cancer research at The Cancer Research Initiatives Foundation (CARIF).

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Thus far, about 4,500 T-shirts had been sold. If you have not got yours, they are still available at the following T-shirt collection points manned by volunteers this weekend:

Bangsar Shopping Centre (20-21 October 207)
Ground Floor
Hours: 10am - 8pm

Menara Citibank (29 October – 2, November, 2007)
Lobby
Hours : 12-2pm daily

1-Utama (27-28 October)
Hours : 10am-10pm

Mid Valley (Starts from 30 October)

November 4, about 25 Moderators and members from LensaMalaysia will turn up in full gears to record the event, which will be held at the Lake Garden, Kuala Lumpur.

The pictures, about 1,500 images were taken in last year's event, will be compiled into a limited edition photobook for archiving and public display to promote the event for years to come.

The Terry Fox legacy

The Run is named after Terry Fox, the young man who inspired these events being held concurrently around the world on September 17.

Terry Fox was 18 years old when he was diagnosed with bone cancer. His right leg was amputated above the knee. Whilst in hospital, Terry was moved by the suffering of cancer patients, particularly children. So much so that he resolved to run across Canada (a distance of 8,500 kilometers) to raise money for cancer research. He called his journey the “Marathon of Hope”.


Terry Fox running in Marathon of Hope (left); The Terry Fox memorial statue, Ottawa

Terry Fox, despite losing one leg to cancer, ran a marathon (42 kilometers) a day for 143 consecutive days - a total distance of 5,373 kilometers. At that stage, Terry was forced to abandon his run as the cancer spread to his lungs. Terry Fox died at the tender age of 22. Before he died, he knew that a fund-raising event, associated with the Terry Fox Foundation, would be held each year, with the same objectives as the Marathon of Hope - to help find a cure for cancer.

Since 1981, the Terry Fox Run has raised more than RM1.3 billion in aid of cancer research around the world. You would be interested to note the Terry Fox Foundation requires that the funds raised be used for cancer research in the country where the Run is held. The Terry Fox Run in Malaysia has raised more than RM500,000 since 2001.

It's a family event

The Terry Fox Run Kuala Lumpur 2007 will begin and end at the Lake Gardens, Kuala Lumpur. The Starting Time of the run is 9am, but you are advised to arrive at the starting point before 8.00am. The route, measuring 6.5km (with a shortcut for kids cutting it down to 3.2km) is a scenic and shaded one. Family coming in cars are advised to look out for the two designated drop-off points.

Take note, too, that the Terry Fox Run is an inclusive family event. No registration is required and no fees are payable. Participants may run, jog, walk, cycle, roller-blade or otherwise propel themselves along the route.

However, the organisers encourage participants to purchase a T-shirt for the run as well as to raise awareness for the cancer research. The T-shirt, each priced RM25, is available in the following sizes:

1 ) XXS: 28/19.5 (Chest circumsference/length, inch)
2 ) XS: 33/22
3 ) S: 36/24
4 ) M: 41/27.5
5 ) L: 44/29
6 ) XL : 47/30.5

Due to popular demand, the Organisers have decided to include XXXXs - baby size (100pcs) , XXXS - toddler size (100 pcs) and XXL (200pcs). While stocks last only!

The price for the T-Shirt (all sizes) is RM 25.00 per piece. Of course, extra donation is welcomed!

Light breakfast will be served on Run Day, courtesy of sponsors. There will be children's activities and live performances to add up to the carnival moods.

Here's the programme:
8.30am: Gathering of participants
8.45am : Warm up session led by Fitness First
8.55am : First flag off of participants on wheels (bicycles, roller skates, roller blades etc)
9.00am: Flag-off for all participants by the Canadian High Commissioner

The Speaker of the Canadian House of Parliament will be present.

There will be 3 tents at the flag-off site:

  • The Food & Beverage Tent - It will be ‘open’ throughout the morning. There will be bottled drinking water from Manulife and KL Hilton, Milo from the Milo Vans, bananas from Millennium, muffins from KL Hilton, buns from Gardenia.
  • Emergency services Tent - Provided by Sunway Medical Hospital (ambulance, paramedics, & rehabilitation medicine team)
  • Children’s Tent - Activities by Madscience, Face Painting, Colour sand drawing

Importantly, participants are urged to refrain from littering, and dispose the garbage into the big plastic bags at the designated areas.

'Don't run away. Run with us!'

Let's give a helping hand in promoting the events. There have big corporations who have bought T-Shirts in bulk for their employees to participate in Corporate Teams.

Most importantly, for all of us caring Malaysians, buy the T-shirt and bring out your family for this charity run.

Last year's pictures are in Screenshots archive -- here and here -- and LensaMalaysia archive.

The shot I liked most of all my pictures last year is this one: Happiness is... being together:

Additional details are available on www.terryfoxrunkl.org and LensaMalaysia Photographers Forum.

For information about the work that CARIF does, please contact Ms. Yoon Sook Yee at phone +603 5630 6774 or sookyee.yoon @ carif.com.my.

October 26, 2007

Judicial Rot: 5,036 of Agong's subjects get their petition delivered

The People's Petition, initiated by prominent human rights lawyer Haris Ibrahim, was submitted at 10.35am to officials representing the Agong, Sultan Mizan Zainal Abidin, today.

The online petition, which carries 5,036 signatures, was to seek the Agong’s intervention in establishing a Royal Commission of Inquiry into scandalous allegations about judicial promotions.

The petition was started on Sept 25 and was initially slated to be delivered yesterday but last-minute kinks, including amending the language of protocol, had to be ironed out.

Meanwhile, Haris emphasised that details of those who had submitted the petition and the Istana officials who accepted it will be safeguarded in "order to protect them".

Read the People's Parliament blog for details.

20th anniversary of Ops Lalang

Today, October 27, marks the 20th anniversary of Operasi Lalang.

A total of 108 dissidents, including Opposition leaders, academics, educationists, NGO activists, were imprisoned without trial under the Internal security Act (ISA).

October 29, 1987: three newspapers were suspended, namely The Star, Sin Chew Jit Poh and Watan.

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Many say Malaysia's journalism was cowed and never recovered ever since.

An English public forum will be held at the KL-Selangor Chinese Assembly Hall on October 31, titled Remembering Operasi Lalang (1987 - 2007).

Guest speakers include: Malek Hussin, the executive chairperson of Malaysian for Free and Fair Elections (Mafrel) who just won a RM2.5 million suit against the government, Syed Ibrahim Syed Noh, chairperson of the working committee of the Abolish ISA Movement (GMI), and several Operasi Lalang internees who are still soldiering on till today.

Getting rid of Abdullah... 'A near impossibility'?

This year, Umno will hold its annual general assembly, probably the last before the next general election, on the day Hindus celebrate Deepavali.

Michael_Backman_042-215x270.jpgJust as the foreign press are arranging for media accreditation to cover the event, Michael Backman -- The Age's columnist who referred to the Rafidah Aziz controversy connected to the issuance of APs and called Malaysia Bodoh for the colossal waste and theft transcending the country -- has fired another salvo two days ago, timed in the run-up to the Umno AGM.

His October article is titled: Malaysia's PM seems to be failing his people at every chance

This is Backman's take on Malaysia's future:

Malaysia is truly at a cross-roads. It has many good people with great potential but it is slipping beneath the waves of mediocrity, weighed down by officials intent on an orgy of plunder while the ship's captain stands idly by.

The process of government needs to be dramatically and urgently overhauled. Malaysia needs a dynamic, strong visionary leader who is up to the task. Instead, it has Abdullah Badawi.

Backman said some October 31, that's next Wednesday, Abdullah Badawi would have been Malaysia's Prime Minister for four years. "Abdullah came to office promising to fight corruption and to be a breath of fresh air. He has failed on both counts."

Backman said Abdullah has all the world's opportunities to redeem his lame leadership, but flunked. Quote:

Abdullah has had three chances in recent times to show that times have changed in Malaysia and to clearly assert his authority when presented with examples of such theft.

He has blown each one.

Apparently, Backman was referring to how Abdullah had used taxpayers' money to bail out the authority ridden by waste and theft.

As a context, Backman was pointing to three of such major waste and theft taking place in the ministries run by Rafidah Aziz (Backman: She's still there!), Azalina Othman (the RM224 screw-driver) and Hishamuddin Hussein (allowing an official to approve a RM450 million payment when his authority was RM5 million), and Chan Kong Choy (the RM4.2 billion PKFZ fiasco).

Will Abdullah make a difference this Umno AGM? Backman said: "Ramadan has just ended and once again Malaysia has been treated to the spectacle of government ministers and other officials fasting and playing the pious Muslim on the one hand and stealing from their fellow Malaysians on the other."

Seeing all this waste and theft in Malaysia, who should take the rap? Backman said:

One might ask what on earth the Finance Minister has been doing in the face of all this waste and theft. Or, indeed, even who is the Finance Minister? Extraordinarily, it is Abdullah. In a break with tradition, he occupies that post as well as being Prime Minister. The firings should start with him.

But can Abdullah be removed? It's a near impossibility, Backman said.

Before 1987, anyone who wanted to challenge the president of the ruling UMNO party (and hence prime minister), needed to get endorsements from just two divisions of UMNO. Previous prime minister Mahathir Mohamad had that changed after his finance minister Tengku Razaleigh Hamzah challenged him for the leadership and almost won.

Would-be challengers must now acquire the endorsement of 30 per cent, or 58, of 191 divisions. This means that the prime minister's office needs to pay off fewer than 150 division heads with government contracts and licences
to ensure their support.

Getting rid of Abdullah

Apparently, we read from the article that Backman visited Malaysia recently, and spoke to many "elder statesmen, established businessmen and intellectuals" in the country.

He concluded that, ironically and despite the frail leadership quality, Abdullah has achieved "one remarkable feat none of his predecessors could", that he has "united most of his country's elder statesmen, established businessmen and intellectuals together.

United? "They are united in their utter dismay at his performance [...] the despair is compounded by the near impossibility of getting rid of Abdullah.

Why such a malaise even among Malaysia's cream lot of country's elder statesmen, established businessmen and intellectuals put together? Here's the stinger:

Critics within UMNO are anaesthetised by patronage and sadly the Prime Minister probably thinks that he is doing a good job because his inner circle constantly tells him he is.

He is their ticket to riches, after all.

Ticket to riches. You think only the 4th Floors boys are laughing all the way?

October 25, 2007

Gmail blues... ( 3 )

I don't have time to plot the proxy server settings to access my Gmail. But it bugs me for the 4th day now!

Wheelchair... 'puki mak' [...] 'God has punished you'

UPDATED VERSION. October 23, The NST journalist who covered the Dewan Rakyat beat reported that Member of Parliament Badruddin Amiruldin (BN/Umno - Jerai) had taruh-ed fellow MP, wheelchair-bound Karpal Singh (DAP - Bukit Glugor) kaw kaw and chialat:

Now you are sitting in a wheel chair. God has punished you (Tuhan qada kepada dia)."

Unfazed, Karpal said his wheelchair "status" was temporary.

Badruddin -- who must have just completed his one month of soul-cleansing and accomplished the holy Ramadan, and obviously in the Hari Raya mood of maaf zahir dan batin -- was reacting to Karpal's speech, in which the Opposition MP remarked that there was little hope of seeing courtesy and good manners in the august house of Parliament.

Apparently, MP Badruddin had used the word 'puki mak' in the Dewan Rakyat and got away with it (see Hansard DR-22102007, pages 43-45).

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SOURCE: Hansard DR-20071022, Pages 43-45

Today, The NST followed up with a story collecting responses from the public.

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Peter Tan in Seoul... Picture courtesy The Digital Awakening

Blogger Peter Tan, a wheelchaired person and a volunteer for Independent Living Programme for People with Disabilities Kuala Lumpur, offered his views:

AS a wheelchair user for the last 23 years, I am absolutely upset with Jerai member of parliament Datuk Badruddin Amiruldin for telling fellow-MP Karpal Singh that the latter's use of a wheelchair is a punishment from God

Badruddin's remark is an affront to all wheelchair users, implying that our condition is a punishment and that we are all sinners.

Representatives from the Society of the Orthopaedically Disabled Malaysia and the Malaysian Spinal Injuries Association also spoke up to criticise that I'm-No MP.

They want the MP, who is also the deputy speaker for Umno general assembly, retract his insensitive statement.

Let's see if Malaysians are having their opinions wheelchaired too -- and take it as a punishment from God?

When Police resort to fake witness statements to nab suspects...

CASE 1: Yesterday, police officer Hong Ken Hock, with the rank of ASP, was hauled to court to face charges of using fake witness statements pertaining to a businessman said to be involved in illegal activities.

Hong is from the Bukit Aman Commercial Crime Investigation Department's Operations/Technical Assistance Division.

CASE 2: Also yesterday, police officer Baharin Mohd Rose, with the rank of DSP, was charged in court for using fake witness statements pertaining to the same businessman from Johor Baru who was banished to Jeli, Kelantan.

Baharin is from the Public Safety and Order Division, Internal Security Ministry, Putrajaya.

CASE 3: October 3, policemen Nordin Ahmad and Wong Boon Wai were charged in Batu Pahat with 14 counts of forging witness statements and using forged documents in the CID office in Kluang.

According to theSun, it was alleged the forging of the witness statements and the usage of forged documents were designed to be used against three people.

Nordin Ahmad carried the rank of Chief Inspector, while Wong is a Lance Corporal.

All four accused were allowed bail of RM10,000 each. Their cases will take time to settle, and by then, nobody will be able to keep track of who is right and who is wrong -- all in the name of upholding the rule of law.

Where's IPCMC?

What does all this -- a system that allows police to use fake witness statements to nab suspects -- mean to an individual's safety?

Proceed to trial, in a system where judges are alleged to be brokered and fixed, and former Lord President Tun Suffian's words linger on: "When I am asked what I thought, my usual reply is that I wouldn't like to be tried by today's judges, especially if I am innocent."

Where's the IPCMC -- the Independent Police Complaints and Misconduct Commission?

On Sunday, former IGP Hanif Omar wrote in his column:

Here is further cause for the much-delayed IPCMC. But will the IPCMC be in the shape envisioned by the Royal Commission?

Strange that the Law Minister has not circulated the draft bill to erstwhile members of the Royal Commission for their comments!

Aye that. Isn't the IPCMC recommended by the Royal Commission, with draft bill ready but all stranded at the Attorney-General's Chambers, meant as a recourse to redeem police reputation?

Payout to Abdullah's cancelled projects

The Finance Ministry disclosed yesterday that the Abdullah Administration will pay RM292.5 million in compensation to developer Gerbang Perdana over last year's cancellation of the controversial "crooked bridge" to Singapore.

Similar disclosure was made by Finance Ministry parliamentary secretary at the Dewan Rakyat yesterday.

Of the amount, RM237.5 million is for the abrupt cancellation of the project, and RM55 million for work already done.

However, the developer will still have to wait for the real money to flow into its coffers.

"We have yet to decide on when exactly the payment for the compensation will be made but we will announce full details of the plan very soon," said the official, who declined to be named, quoted by the AFP.

Earlier, it was estimated that the preliminary works done was RM170 million while the compensation to Gerbang Perdana would amount to RM100 million [ see chart ].

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Chart courtesy Malaysiakini

It is not clear why the figures were raised from the original estimates.

Broga incinerator

Meanwhile, the compensation claimed by the contractors for the cancelled Broga incinerator project, estimated to cost RM1.5 billion, has yet to be determined.

The incinerator project was awarded to the contractors -- a consortium comprising Ebara Corporation of Japan and Harta Summa, a local company -- without an open tender.

However, July 7, Deputy Prime Minister Abdul Najib Razak turned around by saying that the decision to cancel the project was made during a meeting with Housing and Local Government Minister Ong Ka Ting last year.

The reason: "Too expensive" to build and maintain, on hindsight. No elaboration was given.

August 4, Singapore Business Times reported that Ebara Corporation, which has completed the design and proceeded with the viability and environmental studies on the incinerator, filed a claim of RM500 million in July.

Rumours reported by the media quoted the figure to between RM500 million and RM700 million.

Both Najib and Ong denied the quantum quoted. But pay we will.

October 24, 2007

Firefly from Subang to Penang

Customers demand choice and options. Even AirAsia shouldn't be pampered with a monopolistic outlook for budget air travel.

Firefly2Pg.gif

Besides aircraft choice between jet (AirAsia) and turboprop (Firefly), cost of land transfer connectivity, routing and frequency of service, and air-worthiness of the carrier will be prime decider for budget travellers commuting across short domestic destinations.

Firefly website: www.fireflyz.com.my

Early views to Outlook 2008

2007 will be gone in two more months. So you think general election will be in 2008 and feel-good factors shall return?

Today, the independent Malaysian Institute of Economic Research (MIER) announced that it has cut its 2008 growth estimate to 5.4% from 5.8%, citing a shaky outlook for the United States and the global economy.

Before this, the Abdullah Administration had estimated a 6.0% growth for 2008.

However, MIER maintained its forecast of 5.7% expansion in 2007, but predicted a downturn the following year.

MIER executive director Mohamed Ariff Abdul Kareem did put in a caveat: "The forecast is made on the assumption that there would be no recession in the US. However... there is the 30 to 35% chance that a recession will happen in the US."

Mohamed Ariff also said figures indicate that Malaysia's growth in the second half is not going to get any better, after the economy grew by 5.6% in the first half of 2007.

Overall, MIER said Malaysia was vulnerable to the effects of the subprime crisis on the US economy, as well as a surge in oil prices that "could undermine global growth".

Gmail blues... ( 2 )

My Gmail is constipated again, right now!!!

theSun: 'Probe into Ali Rustam's speech'

The October 15 speech by Umno vice president cum Malacca Chief Minister, Mohd Ali Rustam, at the People’s Progressive Party’s state convention has become a headline story in theSun.

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Did Ali, the prime suspect in perpetrating the recent pig farm demolition controversy, say all these right in the face of all PPP delegates?
1 ) Prime Minister Abdullah Ahmad Badawi is a pengecut (coward)?
2 ) The Perak Menteri Besar is kaki bodek?
3 ) Tthe Pahang Menteri Besar is gila who does crazy things?
4 ) The PPP should get out of Barisan Nasional?

According to theSun, the Prime Minister has asked his officers to verify and to investigate complaints made by PPP members that the Umno vice-president had, besides asking the PPP to leave the Barisan Nasional, also insulted other BN and Umno leaders. Quote:

Mohd Ali, who opened the PPP state convention on Oct 15, had in his speech told the PPP that it could leave the coalition if it was not satisfied with the lack of seat allocation. What did not make the news was his alleged use of disparing remarks made about other leaders.

Following his speech, Mohd Ali told journalists covering the event that his remarks were meant for delegates and that they should not publish it.

"There is decorum to be practised among BN members. They don't go around talking bad about fellow members. So the PM is concerned about this," said a source. "The PM has already asked his aides and officers to investigate."

"We don't know how the PM is going to deal with it, but the findings will be discussed in closed doors at the Umno Supreme Council meeting since the alleged remarks were directed at Umno members," said another source, adding that the PM's aides are in the midst of obtaining a recording of the day’s events to verify the accusations.

“If proven true, Ali Rustam will be asked to explain and may face censure," the source added.

When contacted, PPP president M. Kayveas declined comment, merely saying he has informed Abdullah of Mohd Ali's remarks.

Ali is the senior-most Umno vice president by default after Mohd Isa Samad was removed in 2004 for implication in money politics. This made him besar kepala being the immediate next-in-line to the party's deputy chief, Najib Abdul Razak,

The 'Lim Kim Seng' party

SMS Scam. Is the selamat hari raya party a Halim Shafie ploy to rein in non-MK, non-NN external content providers?

The plot thickens. Watch this space.

Lingam Tape: The plot thickens while Lingam & CJ keep mum

We are witnessing chapters of Malaysian history unfolding on its rotting Judiciary and the Executive, so brace yourselves for the imminent storm. It won't blow over so soon as the Judiciary and Executive are both engaged on retreat mode.

Your may like to refresh your memory of developments thus far before reading on.

1 ) ANWAR GIVEN ULTIMATUM TO SURRENDER ORIGINAL TAPE. On Monday (October 22), Anwar Ibrahim, the person who exposed the Lingam Tape on September 19, was served a notice by the Anti-Corruption Agency (ACA) compelling him to surrender the original Lingam video clip or risk going to jail.

Anwar_AXA_20071022.gif

The ACA invoked the 1997 Anti-Corruption Act to get Anwar to comply, failing which the opposition leader will be liable to a fine up to RM10,000 or a maximum two-year jail term, or both.

According to the ACA, Anwar has only three days to comply with the notice, which expires on October 25.

This is Anwar's statement, via Malaysiakini.tv:

Anwar said he will provided the ACA a copy of the tape which he will get pre-authenticated before submission on Thursday. This time, it will be in the form of a thimb-drive and not on CD-ROM.


2 ) JUDICIAL ROT. On the same day Anwar was served the ACA ultimatum, the Wall Street Journal published an Op-Ed written by the former deputy prime minister on the issue, titled: Judicial Rot.

Anwar invited WSJ's international readers to view the Lingam Tape on his website -- www.anwaribrahim.com. He said he could vouch for its authenticity.

Judicial-Rot_Excerpts.gif

In the article, Anwar said the two men best able to explain the tape, the "prominent lawyer" and the incumbent Chief Justice, have remained silent, "apparently hoping that a combination of public apathy and the absence of an independent media will soon kill the story".

Anwar explained that teh rotting judiciary has also prompted multinational corporations operating in the country to now seek redress of their grievances in overseas courts, in Singapore or Hong Kong, rather than take their chances with the Malaysian judicial system.

"Other potential investors opt to steer clear of Malaysia altogether, planting themselves in neighboring countries that offer greater transparency, accountability and assurance of the rule of law," he said.

He quoted observations from two eminent chief judges to drive home the fact that Malaysia's judiciary has indeed been suffocated.

The late former Lord President Tun Suffian, in a speech in 2000: "When I am asked what I thought, my usual reply is that I wouldn't like to be tried by today's judges, especially if I am innocent."

Sultan Azlan Shah, another former Lord President: "The erosion of public confidence in the judiciary's independence would ultimately lead to instability and it would certainly take a long time and would be an arduous task to restore it."

In summary, Anwar gave a pessimistic view of the possibility of judicial reform.

"A government so complicit in the abuse of power and the destruction of the judiciary can hardly be expected to follow through on the structural reforms that are now required -- namely, a complete overhaul of the process of judicial appointments, including the creation of an independent council with oversight powers and autonomy," he said.

"The executive must be kept out of this process," he added. "The Conference of Rulers, a council comprising the nine rulers of the Malay states, must assert its authority and play its constitutional role as the people's guardian against arbitrary action of the powers that be."


3 ) PEOPLE'S PETITION TO THE AGONG. October looks set to be an important day not only for Anwar, but also the proponents of People's Parliament. The civil society grouping will be making arrangements to have a petition and the list of over 4,000 signatories delivered to the palace on Thursday, October 25.

The rationale is plain simple:

Fairuz’s term as CJ ends on 31/10/2007.

He has requested an extension.

...Fairuz should properly have taken a leave of absence or have been suspended pending such an inquiry.

Instead, we are confronted with the audacious prospect of an extension of his term!

The Conference of Rulers meets next week.

The matter of the extension or otherwise of Fairuz’s term is almost certain to be on the agenda before their Royal Highnesses.

If you have not out down your signatory, please do so via People's Parliament blog

Meanwhile, People's Parliament will be hosting Malam Bangsa Malaysia, Penang at 8pm, November 3. Details here, and I hope all the Malaysia-caring Penangites will turn up in support.


4 ) HANIF OMAR: 'KARPAL BOLEH!' In his Sunday column in The Star, former Inspector-General of Police Hanif Omar applauded senior lawyer Karpal Singh when he referred to CJ Ahmad Fairuz's attempt to seek extension of his service and said The Agong has the right to decide. Quote:

When we interpret law according to the Common Law tradition, we must go by one of the four rules of interpretation: the literal, golden, mischief and purposive rules. Here, only the literal or purposive rule seems applicable.

Thus, whether we go by the literal or purposive rule of interpretation, the extension of the chief justice’s tenure of office is clearly the sole prerogative of the Yang di-Pertuan Agong.

To the layman, it is as good as saying that the Agong shouldn't be regarded as the Prime Minister's office boy. Full-stop.


5 ) LAWYERS PRESS ON FOR ROYAL COMMISSION. Despite the no-progress score-sheet displayed by the 3-member Panel of Inquiry over month after its inception, lawyers are pushing on for a royal commission to investigate the state of the judiciary.

The Young Lawyers Committee of the Kuala Lumpur Bar, held a public forum, titled '‘Walk for Justice Part 2 - The Walk is Over, Now It's Time to Talk’ last night, October 23.

The forum is a follow up to the monumental Walk for Justice by 2,000 lawyers in Putrajaya on September 26.


6 ) POLICE TRIED QUESTIONING BAR LEADERSHIP, RETURNED EMPTY-HANDED. October 23, three police officers from the Putrajaya district police went to the Bar Council to question three office-bearers about the ‘Walk for Justice’.

They were instead quizzed on procedural aspects of their mission and went off empty-handed - they failed to record statements from their targets.

Earlier, the police had informed the Bar Council that they planned to question council president Ambiga Sreenevasan, vice-president Ragunath Kesavan and secretary Lim Chee Wee, based on a complaint lodged in relation to the protest march on September 26. The complaint was reportedly lodged by a police officer that day.

At a press conference yeaterday, Ambiga explained that lawyers for the office-bearers had requested details of the First Information Report (FIR) - including the serial number of the police report against the council, the date and the complainant’s name - at the onset of today’s meeting.

“This request was made so that our lawyers could properly advise us as to our rights under Section 112 of the Criminal Procedure Code (CPC), which was invoked by the police to attempt to take statements from us,” she said.

According to her, the police declined to accede to their request.

“They wanted to proceed to record our statement. However our lawyers took the position to advise us that without the information requested, we will not be in the position to give any statement,” she added.

Ambiga said the police had merely informed the office-bearers that the probe was being carried out under the Police Act. They did not specify which section of the Act was being invoked or what the offence was.

Following that, the three police officers left, saying they would be in touch but without indicating a date for the next meeting.

Here's the Bar Council's statement, via Malaysiakini.tv:


7 ) 'DENY LINK TO VIDEOTAPE, CJ & LAWYER TOLD. At the Dewan Rakyat yesterday, Member of Parliament Karpal Singh (DAP - Bukit Glugor), a senior lawyer, challenged CJ Ahmad Fairuz and lawyer Lingam to publicly deny that they are in the alleged “judge-brokering” videotape.

Karpal alleged that the tape was of a seditious nature and questioned why no action had been taken against the person who was shown allegedly brokering the deal.

“I challenge him (the Chief Justice) to deny (it) himself and not through Nazri (Minister in the Prime Minister's Department Nazri Aziz) that he is the one at the other end of the phone.

“Why did he (Ahmad Fairuz) deny (the allegation) through the executive and not the judiciary? Where is the separation of powers?” he said when debating the Supply Bill 2008.

Karpal Singh went back to the core subject matter and questioned why a royal commission of inquiry was not set up to investigate the video clip instead of having a three-member panel.

Karpal Singh claimed that the judiciary had not recovered since the 1988 judicial crisis and “is now worse.”


8 ) AHMAD FAIRUZ WROTE 7 JUDGMENTS IN 7 LONG YEARS. Recently a group of lawyers got together to undertake a comparative study into the number of reported judgments written by the current Chief Justice, Ahmad Fairuz bin Dato' Sheikh Abdul Halim and his three predecessors, namely Salleh Abas, Raja Azlan Shah (as HRH then was) and Mohamed Suffian when they sat at the High Court, Court of Appeal and the apex court.

The results were published on the Bar Council website. Ahmad Fairuz produced a total of seven written judgments in his seven years sitting on the federal Court from 2000 to 2007.

The plot thickens further...


Isn't yellow colour royal?

How many more ‘Ipoh Timurs’ are there? Asked lawyer Haris Ibrahim.

It was exposed recently that over 8,000 voters have appeared suddenly in the Ipoh Timur parliamentary constituency, where Opposition Leader Lim Kit Siang is the elected representative.

There were over 3,000 new postal voters for Ipoh Timur when there are no new army barracks or police stations in the constituency. What's up?

That's one of the reasons why Coalition for Clean and Fair Elections (BERSIH) is organising a 10,000-strong peaceful assembly at 3pm, November 10 (Saturday) at the Dataran Merdeka.

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The event is held as part of BERSIH's campaign for clean, free and fair elections in Malaysia. The rally will end with the hand over of a memorandum to the Yang Dipertuan Agong.

As identifier, participants to the rally are urged to wear yellow.

And yellow is royal colour in Malaysia.

October 23, 2007

Gmail blues

Is there a problem with Streamyx link to the west coast of US?

I have not been able to log-in to my Gmail these two days while links to Blogspot and other overseas websites like Flickr.com and YouTube are OK.

Is Petronas Dagangan (also) above the law?

Is this what we should expect of good corporate governance of a GLC and public-listed company?

Petronas Dagangan (Code: PETDAG (5681) on Bursa Malaysia) has been found operating a commercial petrol station and a convenient shop on a plot of agriculture land in Sungai Buloh for the last 23 years.

The lease is for 30 years, starting in 1984 and ending in 2014.

But the problem is: The land on which the Petronas petrol station stands is NOT meant for commercial activities, but de jure and de facto agricultural land.

According to an extract of land search taken at the Pejabat Tanah dan Galian Selangor last Friday, (October 19, 2007), the quit rent (cukai tanah) levied on the said piece of land is RM14.00 per year.

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It means that Petronas Dagangan, which transacts commercial activities at the fuel retail outlet, has been paying a quit rent that is far lower than a residential house -- for the last 23 years!

(Look, even Dr Mahathir was Prime Minister for only 22 years!)

Official documents clearly state that the land in question -- located on Lot 4087 (GRN 18602) in Mukim Sungai Buloh, Petaling District, Selangor and sized 0.4048 hectare -- has been leased to Petronas Dagangan Sdn Bhd for 30 years, with effect from July 1, 2984 through June 30, 2014.

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The status of the plot of land has remained, to date, agriculture land.

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The local government that governs Sungai Buloh, the Shah Alam municipal council (now upgraded as a city council), must answer the question: Why was certificate of fitness for occupancy -- and with that, the approval for electricity and water connection, and endorsement from the Bomba and the whole works -- issued to a commercial holding sitting on agriculture land?

Petronas Dagangan claimed to have over 500 petrol stations around the country, to date. Is this an isolated case or are there similar irregularities hidden somewhere, unreported?

How can we be sure? How can Petronas' global partners, who demand transparency and accountability, be 100% sure?

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This is the Google Earth capture of the petrol station sent by a Screenshots reader who read the Malaysiakini reports, here and here, yesterday.

The large format of the land search report is available here and here. Details in my other blog on parliamentary governance.

'Samy Vellu, as we know him'

That's the title of the book Samy Vellu will launch at PWTC this Friday.

Details in www.DatoSeriSamyVellu.com, a project by PuteraMIC..

October 21, 2007

Dr M goes home after 59 days in IJN

Today, Dr Mahathir was discharged from the National Heart Institute (IJN), 50 days (or 7 weeks) after undergoing his second coronary bypass operation.

"We have agreed to discharge Tun Mahathir now that he has fully recovered," said Dr Yahya Awang who headed the panel of heart surgeons who operated on the former prime minister.

According to Bernama, Mahathir was cheerful-looking as he waved to the public at the IJN as he walked out of the VIP ward at 10.20am to a waiting car.

He was in the company of his wife, Dr Siti Hasmah Mohamed Ali, his children and doctors.

Mahathir, 82, underwent the second coronary bypass operation on Sept 4, followed by another surgery for a wound debridement on Sept 22.

Dr M will continue with his physiotherapy exercises at home and come for periodic check-ups at the IJN as part of his post-surgical rehabilitation process.

P. Ramlee... The Musical

Produced by the same people behind Puteri Gunung Ledang... The Musical, the 3-hour show attempts to portray the life, the loves and the inspiration brought forth and left behind by Seniman Agong, P. Ramlee.

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P. Ramlee's Penang and the cendul man

Catch it if you can, P. Ramlee The Musical is currently playing at Istana Budaya, Kuala Lumpur, until November 3.

The score was by Dick Lee, who produced one of the best arrangements for Gelora that I have heard, notably the intro that stylised percussions from the Malay world . But Dick Lee, being Dick Lee for who he is, always rises to give you his tested formula of Pocahontas-like melodies to literally wax lyrical of what a Broadway musical should be.

One big regret, however, was neither P. Ramlee portrayed with his signature saxophone, nor reprised Getaran Jiwa that signifies the sensual tantrums of the most multi-talented artisan Malaysia has ever produced.

The set was luxuriously designed by Raja Maliq, and its visual impact was fully delivered by the meticulous lighting design, under the capable hands of Teo Kuang Han, that was really world-class.

PRamlee_0007.jpgThe old train station, Butterworth, Penang

I must say the violinist/s, who played and reprised Azizah several times on solo, had the most tormenting lingers on my ears. Thank you for the music, folks!

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All pictures by Jeff Ooi

It's good to see Melissa Saila coming out from her hiatus and back in action as Norizan though her vocal was the weakest and it showed glaringly during the separation scene from P. Ramlee.

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Melissa Saila as Norizan

I wonder if Atilla, who played Junaidah, is related to jingle queen, Salamiah Hassan. Her vocal was most voluptuous and sensuously powerful.

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P. Ramlee and three wives in his life, one at a time... Junaidah, Saloma and Norizan

The biggest disappointment was the plot and I will write about it in a detailed review soon. I feel dejected because of the facets of P Ramlee's legend chosen by the writers that didn't do much justice to the great man he was.

(Thank you to our hosts for giving us the best seats for the night. That put paid to the photo-opps and forced me to sit back and enjoy the show the way it was intended.)

October 20, 2007

The Judge who judges

That's High Court Judge Justice Datuk Mohd Hishamudin Mohd Yunus for you... and for Rocky's Bru.

Lingam Tape: ACA wants to meet Anwar (again) urgently

There is only one possible reason when Madam Chua Lay Choo from ACA Putrajaya called an aide of Anwar Ibrahim yesterday, saying that her boss, Salzali bin Salbi, wanted to interview Anwar over the Lingam Tape, again, very urgently.

Knowing what the reason could be, Sim Tze Tzin from Anwar's office had written down the chronology of that telephone conversation with ACA yesterday.

I thought you should know about it, and about how the plot is thickening.

Also, I strongly recommend you this blog by an 18-year-old Malaysian who tries to understand the Judiciary issue the way she perceived.

Crude: Record US$90 a barrel

UPDATES: Morituri te salutamus ("We who are about to die salute you").

CNN is talking about the Ghost of Black Monday (that) haunts markets.


ORIGINAL POSTING

Double double-whammy!

Crude oil reached US$90 a barrel in New York for the first time yesterday as the dollar traded near a record low against the Euro, enhancing the appeal of commodities as an investment.

According to Associated Press, oil has obviously become a magnet for "hot money" from hedge funds and other momentum investors betting that the trend for higher prices is still strong. The dollar's decline, which makes dollar-denominated oil futures a bargain to overseas investors, also has played a role in the recent runup.

Crude oil prices had been on the rise backdropped against continuing geopolitical tensions between Turkey and Iraqi Kurds in the crude oil-rich northern Iraq -- and as the dollar remained weak.

According to Bloomberg, crude oil for November delivery rose 9 cents to $90.07 a barrel on the New York Mercantile Exchange, the highest since trading began in 1983.

Brent crude oil for December settlement traded at $84.66 barrel, up 7 cents.

This may have triggered sell-off in the region's stock markets, heightening a broad-based slump driven by risk aversion among equity investors.

Immediately, the Bush administration voiced its dismay at record-high crude oil prices. However, the US has no plans to suspend oil shipments to the nation's strategic stockpile despite lawmakers' warnings that the action is cutting into supplies.

Energy researchers are also saying the weak dollar is pushing the oil price higher.

Malaysia to go big in biofuel?

The rising prices in crude oil have triggered the escalating prices of crude palm oil (CPO), including that produced by Malaysia -- and we have declared we will start mass production of a palm oil-based biodiesel next year.

CPO futures traded on the derivatives exchange of Bursa Malaysia hit a fresh record yesterday after global crude oil prices breached the US$90 per barrel mark for the first time.

The CPO futures contract for January delivery jumped RM33 to RM2,768 per metric ton, off an intraday high of RM2,795.

CPO prices have been closely tracking movements in the oil markets since the beginning of this year because of our claims to venture big time into palm oil-based biodiesel.

However, there had also been reports that say palm oil-based fuels, substitutes for gasoline and diesel, may not turn out to be cheaper and cleaner energy sources.

According to a Thomson Financial report datelined Kuala Lumpur, biofuels like ethanol and biodiesel have been widely viewed as the answer to reducing greenhouse gas emissions but critics warn that a reliance on them could lead to higher food prices, deforestation and ultimately, do more damage to the environment than the fossil fuels they are supposed to replace.

'The use of food as a source of fuel may have serious implications for the demand for food if the expansion of biofuels continues,' the International Monetary Fund said Thursday.

Holes in the pocket

For the layman, escalating crude oil prices would only mean one thing: Get prepared for higher fuel prices and energy costs in 2008.

This is despite the fact that Malaysia is an oil-exporting country.

Expect AirAsia to raise the fuel surcharges that will be passed on to the passengers wholesale, if not substantially.

Also expect dearer food and goods that have to be transported great distances via sea-land-air freights.

The pinch has started in New Zealand overnight.

Petrol prices are on the brink of another hike after BP yesterday increased prices by 3 cents a litre, raising their price for 91-octane petrol to NZ$163.9 a litre NZ$1.639 a litre. Mobil and Caltex are expected to follow suit.

Interestingly, others are seeing the escalating crude oil prices as an opportunity to force China to revalue its yuan.

To others still, it's the plain logic of managing demand-supply balances as developing economies like China turn into big monster hungry for carbon.

October 19, 2007

Amin Shah Omar Shah, muflis

Amin Shah Omar Shah is now a bankrupt, reported The Edge Financial Daily.

Once dubbed 'Malaysia's Onassis', the man is behind the company that obtained a procurement contract from Najib's ministry to supply six Offshore Patrol Vessels (OPV) worth RM6.75 billion -- but failed to deliver fully according to specifications and timeline, and came under rap of the Auditor-General Report 2007.

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SOURCES: The Edge Financial Daily and Merdeka Review

Who will pay back the country to refill Defence Ministry's coffers? Ask Najib.

Pre-Umno AGM active counters

Meanwhile, with 18 days running up to the Umno annual general assembly, several Umno-linked listed companies are seeing active trading in the last few days.

Active counters include Idaman Unggul (which owns Tahan Insurance), Advanced Synergy (read: Ahmad Sebi Bakar) and L&G Berhad (which has a Hong Kong link via Mayland Parkview).

Wee Choo Keong strikes back...
And the plot thickens on Lingam Tape

In the Lingam Tape, this monologue from VK Lingam's telephone conversation was heard:

No don’t worry, Datuk, I know how much you suffer for Tun Eusoff Chin. And Tun said Datuk Ahmad Fairuz 110% loyalty. We want to make sure our friends are there for the sake of the PM and the sake of the country.

Not for our own interest, not for our own interest. We want to make sure the country come first. Well, you suffered so well, so much you have done. For the election, Wee Choo Keong, everything. How much, no body would have done all these.

Yes, you know. Good lah. Don’t worry. I am constantly working on this.

FLASHBACK: Wee is a former DAP member who was the Member of Parliament for Bukit Bintang. In 1995, then High Court judge and current Chief Justice Ahmad Fairuz Sheikh Abdul Halim made a controversial decision sitting as an Election Judge. He dismissed Wee as MP and declared the BN candidate as the new MP instead of calling for fresh election.

September 26, I prodded Wee in a blog entry, asking him how would he act now, after a lapse of 12 years in the doldrum. We cheered over beers when David Sasaki was in town.

Apparently, Wee is striking back.

This morning, he is going to lodge a formal complaint with the Human Rights Commission (Suhakam) against the four parties for alleged infringement of his human rights, namely ( 1 ) Lawyer Kanagalingam;
( 2 ) CJ Ahmad Fairuz Sheikh Abdul Halim; ( 3 ) De facto Law Minister Nazri Abdul Aziz; and ( 4 ) Malaysian Government.

However, Wee and we do not know if Suhakam is again assigning retired teacher N Siva Subramaniam to receive the complaint. So all the best.

Must Agong extend CJ's service?

Meanwhile, the Abdullah Administration was said to have invoked Article 125 of the Federal Constitution and recommended to the Agong a 2-month extension for Ahmad Fairuz to stay on as the Chief Justice after his 66th birthday on October 31.

Henceforth, started another Abdullah controversy as the law says all judges must retire the moment they hit 66.

October 16, Minister in the Prime Minister's Department Nazri Aziz said the Agong had to act on the prime minister's advice in the extension of the term.

However, senior lawyer and Bukit Gelugor MP Karpal Singh said the extension of the chief justice's tenure is the prerogative of the king,

He said a phrase in Article 125(1) of the Federal Constitution stated that a judge shall hold office until he attained the age of 66 and a further six months "as the Yang di-Pertuan Agong may approve" should be read together with Article 40(2).

Karpal said it was the Agong alone who had the discretion on whether to extend Ahmad Fairuz's tenure after he turns 66 on November 1.

"The king may consult the prime minister, but it is purely consultation and nothing else," he said.

Karpal's views were concurred by the Bar Council.

October 17, the Council issued a press statement saying that Article 125 provides that the extension of a Judge of the Federal Court may be given “as the Yang di-Pertuan Agong may approve”. Quote:

The argument appears to be that this nevertheless requires the Yang di-Pertuan Agong to act on the advice of the Prime Minister in accordance with the scheme under the Constitution in relation to the appointments and promotions of Judges under Article 122B.

If that be the case, it would also require consultation with the Conference of Rulers to provide the necessary checks and balances and to preserve the core value of the independence of the Judiciary from the Executive.

Whatever the interpretation, the Yang di-Pertuan Agong is not precluded from proferring a view nor from asking for information under Article 40.

Based on that, the Bar Council declared it is against the idea of extending Ahmad Fairuz's service after his retirement age.

It said the interest of the institution of Judiciary is best served by refusing the extension of the CJ's service.

The Bar Council has also been running a poll on this question: "Should the term of the current Chief Justice which expires on Oct 31 be extended to a period of not more than 6 months?" Click here to view the poll results.

Aliran hit the nail harder by saying: Ahmad Fairuz must go -- and go now.

Three weeks, nothing happened

Meanwhile, the 3-member Independent Panel to Verify the Authenticity of The Video Clip has wasted taxpayers' time and money and failed to come up with anything concrete after three weeks of deliberation.

Panel chairman, former judge Haidar Mohamad Noor, said October 10 that his team was not ready for a meeting with the Bar Council on the same day, a request which was forwarded on October 8. Haidar asked before hand for the specific issues Bar Council wanted discussed.

October 12, the Bar Council forwarded a memorandum listing down the issues which the Council would like to bring to the attention of the Panel.

To date, the Council said it has yet to receive a reply from the Panel.

The above-mentioned letters and memorandum can be downloaded here.

UPDATES: The last we have heard is that the Lingam Tape will be sent to a Hong Kong expert group for authentication and analysis.

Apparently, the ACA had earlier approached the US Federal Bureau of Investigation to analyse the video clip after the panel was set up on Sept 26, but the US agency declined as it was not part of evidence involving a violent crime.

Thinking of Nurin

UPDATED VERSION. Stunned! There is a copycat crime in Sydney -- a missing young boy was found killed and dumped in a suitcase yesterday -- and I can't help thinking of Nurin!

I hope Nurin's parents are keeping well over the Raya. Every time I read the blog In Memory of Nurin Jazlin I hate to say that Police has failed us as they have still yet to solve the case and bring the heinous killer to justice.

The person behind the In memory of Nurin blog is her uncle, Jasni Abdul Jalil, who is the eldest brother of the victim’s father, Jazimin Abdul Jalil). He has initiated the Nationwide Urgent Response Information Network, which carries the acronym NURIN.

Fellow bloggers who helped him the core group working on the project are ALL-BLOGS secretary Nuraina A. Samad, Tembam and Nik Faris.

Their work is supported by Malaysian Crime Prevention Foundation’s Kamal Affandi Hashim, Protect and Save The Children director Madeline Yong and lawyer Abang Ariffin Abang Bohan.

It is indeed a pleasure to learn that parents getting paranoid about the safety of kids while they are at work are doing something to look out for one another. I am pleased to know that the former journalist who edited my column at Malaysian Business, V. Prathab, has started a blog for protection of our children:

http://malaysians-forthechildren.blogspot.com

California-based blogger at PrincessJournals has also pointed readers to tips on what they teach you in America about kids' safety.

But crime-policing is the work cut out for the Police. They should do less work outriding for the VIPs or the VVIPs or the VVVVVVVIPs. Neither should they serve the political masters to torture and batter ISA detainees and get sued big time.

Their daytime and night time job is to solve the crime and stop the crime!

By the way, Mongolian lady Altantuya Shaariibuu was blown to pieces exactly one year to the day, right here in Malaysia.

October 18, 2007

Wow! Justice at last

UPDATED VERSION. Today, the Kuala Lumpur High Court awarded ex-ISA detainee Abdul Malik Hussin RM2.5 million in damages against former IGP Abdul Rahim Noor, the Malaysian government and the Police for unlawful arrest and detention at the height of the reformasi demonstrations in 1998.

However, the judgment could still be overturned at the appellate court if the defence chose to appeal.

The presiding judge was Justice Mohd Hishamudin Mohd Yunus, the same judge who presides over the NSTP & Others vs. Ahirudin Attan defamation suit.

Lawyers R Sivarasa and M Mogananambal appeared for Abdul Malek while senior federal counsel Isnan Ishak represented the defendants.

In handing down the judgment, the Justice said:

“The arrest and detention were made in bad faith under Article 5 of the Federal Constitution.

“The nature of interrogation was clearly for a political purpose and had nothing to do with genuine concern for national security.”

The court also ruled that it was unconstitutional for Abdul Malek to be denied access to his lawyer.

Assault and battery true

Justice Hishamudin said he was convinced that Malek's claims of assault and battery did take place after major contradictions were found in the defendants’ witnesses compared to Abdul Malek’s “consistent statements”.

Abdul Malek had earlier testified that he was stripped naked in an air-conditioned room, blindfolded during interrogation, physically assaulted up to 60 times, beaten until he was unconscious, forced to drink urine and subjected to sexual abuse.

He also testified that he saw former IGP Rahim -- who dealt Anwar Ibrahim the "Black Eye" -- punching him at his chin in the interrogation room when his blindfold accidentally dropped.

When Justice Hishamudin read the decision to award the RM2.5 million exemplary damages, he made strong statements about Rahim’s conduct as IGP in dealing with Abdul Malek’s case. Via Malaysiakini:

“The despicable conduct of the then IGP Rahim Noor was shameful and a disgrace that shows a bad example to the department of men under his charge.

“The award of exemplary damages for the plaintiff is to show the abhorrence of the courts against the gross abuse of power by the police and the use of the ISA,” he asserted.

Abdul Malek later told the media that the judgment was not about the monetary compensation but bringing the police officers involved in his torture to justice.

“Many officer have lied in court and gave false testimonies," he said. "Those officers involved in the torture should be investigated again. They do not deserve to serve in the force anymore.”

He said he was considering to lodge police report with police headquarters Bukit Aman to investigate the torture and abuse of power by these officers.

Abdul Malek is now the executive chairperson of Malaysian for Free and Fair Elections (Mafrel)

You've got mail, Amarjit (MCMC)

Dear Amarjit, congratulations on your new job at MCMC, taking over from Mohd Ali Hanafiah.

I've just sent you an urgent email and a 16-Mb video clip regarding Maxis Hotlink and shortcode 32996, with cc to your colleague Azizan Mohd Afandi, and Darshan Singh of NCCC.

As the mail size exceeds that allowed under MCMC's server, I have also sent it to your Gmail account.

Make sure you and Azizan receive the email. It carries a 48-hour timeline. Raya is over, and Oktoberfest should end soon.

P/S: I decided not to call you on the phone because I don''t see the reason for me to contribute to the celco's revenue unnecessarily.

Yahoo! Gmail storage enlarged

My Gmail storage has been increased to 3.6GB last night. Yours?

Yahoo! Google!

Born out of someone's ribs?

This is an episode in non-Biblical days.

A prominent Umno politician from FT Kuala Lumpur has been described as having been "born out of the Son-in-Law's rib".

There is a memorandum supposed to have originated from the Wangsa Maju Umno Youth. Details in this blog

When FDI equals capital flight

This year, Geneva-based United Nations Conference on Trade and Development (UNCTAD) has chosen to launch its World Investment Report 2007 in Cambodia yesterday.

In a cursory look, in 2006, Malaysia managed to attract US$6.1 billion (RM20.6 billion) in foreign direct investments (FDI), improving the 2005 records of US3.97 billion (RM14 billion) by 52.8%.

However, alarmingly, outflow of capital among transnational companies in 2006 has also doubled, totalling US$6.4 billion (RM20.56 billion).

UPDATES: Reuters' bureau chief in Malaysia suggested that the trend could even expose the country's unpopular affirmative-action policy to stronger winds of reform.

Expect the 4th Floor Boys to spin it by saying that, to and fro, the inflow and outflow of foreign capital in Malaysia has reached US$12.14 billion (RM41.16 billion)

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theSun is Editor-in-Chief-ed by Ho Kay Tat

But what's our net gain? It seems like a futile effort to fill up the cistern, but at the same time it is leaking wide.

In contrast, global FDI flows for 2006 have reached RM1,306 billion (RM4,440.4 billion), approaching the peak level in 2000 valued at US$1,411 billion.

What amount of FDI will Malaysia attract in the coming years when the peak flows taper off?

Worse, if capital inflows are in the form of short-term 'hot money' while outflows are long-term investments.

When long-term FDI withdraws, it can only mean that investors are not optimistic about the growth prospects and the return of investment in this country.

Hence, It is significant to note that, according to the UNCTAD report, the rise in global FDI flows was partly driven by increasing corporate profits worldwide, and resulting higher stock prices that raised the value of cross-border mergers and acquisitions (M&As).

In fact, M&As continued to account for a high share of FDI flows though greenfield investment also increased in developing and transitional economies like Malaysia.

Transnational corporations at work

On a closer look, the capital outflow seemed to have been triggered by a spade of strategic cross-border M&A activities carried out by Malaysian companies in economies overseas.

Our companies, including those in banking and non-financial services, are expanding into global markets and creating wealth in foreign countries.

For example, Petronas' foreign assets are now valued at US$61.6 billion (RM207.9 billion), ranking it the No. 2 in the non-financial institution category of transnational enterprise.

Secondly, FDI injected into the Malaysian equity market has increased to US53.6 billion (RM182.2 billion) in 2006 from US$47.5 billion (RM161.5 billion) in 2005. This indicates the appetite of the transnational corporations in savouring equity shares of our pan-global companies.

As a context, the major landing points of FDI recorded in the region 2006 -- by ranking of quantum received in East Asia, South Asia and Southeast Asia -- were China, Hong Kong, Singapore and India.

Foreign capital injected in the region was mainly concentrated in services, whereas transnational M&As of extractive industries have increased by five-fold, accentuating at US$1.75 billion (RM5.78 billion).

Read the details, understand the implications

The World Investment Report has been published annually since 1991.

Each year, the Report covers the latest trends in FDI around the World and analyses in depth one selected topic related to foreign direct investment and development.

This year's topic is on transnational corporations, extractive industries and development.

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Full report is available here, and the Overview is available here.

October 17, 2007

2007 Press Freedom Index:
Malaysia plunged 32 notches just four years into Abdullah Administration

The Reporters Without Borders (RSF) Press Freedom Index 2007 is out.

Among 169 countries surveyed, Malaysia plunged 32 notches from 92nd in 2006 to 124th in 2007.

It's Malaysia's worst ranking since the annual Press Freedom Index was institutionalised in 2002.

Malaysia was ranked 113th in 2005 and 122nd in 2004, respectively, out of 167 countries surveyed then.

Whereas during the Mahathir Era, Malaysia was ranked 110th in 2002 and 104th in 2003, respectively.

This is the single-most severe deterioration in press freedom index ranking in the last four years of the Abdullah Administration, where Malaysia had been spin-doctored as "never having freer media" vis-a-vis the Mahathir Era.

Download Press Freedom Report 2007 in PDF here.

For context, here are the excerpts from the evaluation by region, Asia:

The Internet is occupying more and more space in the breakdown of press freedom violations. Several countries fell in the ranking this year because of serious, repeated violations of the free flow of online news and information.

In Malaysia (124th), Thailand (135th), Vietnam (162nd) and Egypt (146th), for example, bloggers were arrested and news websites were closed or made inaccessible. “We are concerned about the increase in cases of online censorship,” Reporters Without Borders said. “More and more governments have realised that the Internet can play a key role in the fight for democracy and they are establishing new methods of censoring it. The governments of repressive countries are now targeting bloggers and online journalists as forcefully as journalists in the traditional media.”

The Bolehland also won a special mention in the RSF press release issued yesterday: "Malaysia often harasses bloggers". Download PDF here

Here is the breakdown of the 20 countries at the bottom of the index:

  • Seven are Asian (Pakistan, Sri Lanka, Laos, Vietnam, China, Burma, and North Korea)

  • Five are African (Ethiopia, Equatorial Guinea, Libya, Somalia and Eritrea)

  • Four are in the Middle East (Syria, Iraq, Palestinian Territories and Iran)

  • Three are former Soviet republics (Belarus, Uzbekistan and Turkmenistan)

  • One is in the Americas (Cuba)

Bloggers now harsher targets of repressive regimes

The key observation for this year's finds is that, bloggers are now threatened as much as journalists in traditional media.

A total of 26 bloggers and online journalists have been convicted and jailed since September 2006 for using their right to online free expression.

China, ranking 163rd among 169 countries surveyed, still reigns supreme as the world's biggest prison for bloggers and online journalists.

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Fifty cyber-dissidents are currently detained in China because of their online activities. Worldwide, 64 cyber-dissidents are currently in prison.

With less than a year to go to the 2008 Beijing Olympics, 5 major censorship bodies, including those operated directly by the government and the Communist Party's publicity department (the former propaganda department), now control the flow of news and information online.

Incidentally, China is ranked a notch better than Burma (164th), which saw major bloody crackdown by the military junta recently.

Unexpected improvement was seen in Cambodia (85th), which climbed up a few rungs, thanks to the government’s decision to decriminalize press offences. No journalist was imprisoned. But some journalists were targeted by death threats, especially when they covered corruption.

Here's the methodology used in compiling the Press Freedom Index.

Tioman search: Wait for the YB

Johnny's blog is widely circulated in Lowyat.net.

It tells of how relatives of the three passengers missing from the blazing Tioman ferry tragedy were prevented from heading off for the search party just because one YB has yet to show up.

Blogger Johnny's girlfriend was -- and still is -- frantically searching for her brother, Wong Hann Wen, 29.

October 16, 2007

Appreciate what you have...

Watch this video of the miniature earth.

And do your very best to make this world a better place.

Tioman ferry tragedy

UPDATED VERSION. Today, I came to grip with a group of survivors of the Tioman ferry tragedy on 1 Syawal in which four were drowned, and three went missing after they were forced to jump into the sea from the blazing vessel.

I learned that an extended family of 24 members from Klang -- 14 adults and 10 children -- jumped into the sea with only two equipped with life-jackets. Casualties were devastating for the families: Two dead and one missing.

Miraculously, all 10 children survived.

According to witnesses' account, not a single member of the Marine Police or Marine Department were at the scene to launch immediate search and rescue efforts. All survivors were rescued by passing civilian ferries.

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Survivor Sylvia Lucas (in white mourning dress), who helped save many lives until she was flatly exhausted, testified her horror experience in a press conference facilitated by the DAP

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LensaPress photos by Jeff Ooi (test-firing the 5 mega-pixel Nokia N95)

The victims wanted the government authorities, the ferry operator, the travel agency, the Johor state government and Transport Minister Chan Kong Choy to give a commitment towards their claims for compensation.

The print and electronic media turned up in full force, and all witnesses were made available for their no-holds-barred questioning. Let's see if they were given a fair hearing.

Will a panel of inquiries be set up to probe the tragedy? Will expensive consultants be engaged to probe and recommend preventive measures? Will a Ministerial level Committee be formed to study the investigation reports and evaluate the consultants' recommendations? Will the case be soon forgotten and similar tragedies recur?

Or simply ask, will our Transport Minister -- who is responsible for all sea, land, air transport, and is responsible for the recent spade of tragedies in multi-modal transports -- simply shed a tear lest they had all died in vain?

I SAID TRAGEDIES 'RECURRING' -- because Malaysiakini reader Alicia Au had already warned the Transport Minister of the tragedy in her open letter June 12 last year, titled: A Tioman disaster waiting to happen.

Obviously, Kong Choy wasn't listening.

From the archive of Malaysiakini

A Tioman disaster waiting to happen
Alicia Au
Jun 12, 06 4:19pm

On Saturday June 3, we boarded a ferry service at Mersing for the trip to Tioman island for our holiday.

Once the boat is fully packed; yes, you did read correctly, it is packed not loaded; because as always with Bluewater (the ferry operator), the boats are grossly overloaded, in this instance with 10 persons, including one baby in arms, standing in the aisle or precariously in the rear deck well of this small boat where they are at liberty to breath in the aromatic scent of engine exhaust fumes.

Off we go, finally leaving the jetty at around 7.10am, down the river we go to come to a grinding halt on the sandbank. After an hour, a smaller boat came along side and 75 percent of the passengers were asked to cross deck to the smaller boat, which then takes us clear of the sand bar, out to the open sea.

One point to note concerning cross-decking, according to Mersing Maritime police, is that whenever the ferry operators need to cross deck passengers, they are required to inform the police in advance, and a maritime police vessel must be in attendance. No sight of such here, or as you will see, on the next occasion.

The boats finally arrive in Tioman where for the next day or so, the fruits of the island are enjoyed by all, wonderful diving opportunities, very good food and accommodation, until finally it is time to depart on the 3pm boat to Mersing, once again with Bluewater services.

To start with, we arrive at the jetty in good time, generally for a 3pm boat, and with this particular operator, the boats are always a good 30 to 45 minutes late in arriving, however as always, we are on the jetty in good time, 15 minutes before the scheduled 3pm arrival.

At 5pm, there is no sign of the boat and after calls to Mersing and the Bluewater office, we are finally told that the delays and missing boat are because the Maritime police are stopping the Bluewater boats as they depart Mersing and issuing summons for being overloaded, having defective equipment, etc.

Finally at 6.15pm, a large Bluewater ferry, numbered 9, arrives and collects us from the jetty. We were accompanied by another Bluewater ferry, numbered 8. On ferry 9 there is a wide cross section of people, ranging from very young children, through to parents and elderly grandparents, and including one gentleman in a wheelchair. As we sit gazing out at the sunset, at around 7.10pm, ferry 9 suddenly slows down and pulls alongside ferry 8.

In this fading light, the doors are opened and without any warning, or even a polite request, the crew demands that passengers from ferry 9 cross deck to ferry 8.

Now consider this when the boats are in mid-water, at dusk with land was out of sight. The crew forced people across from one boat to another, despite protests being made that this was dangerous, illegal, and downright stupid. Women, children, the elderly and the wheelchair passenger were all forced across the widely moving gap between the two boats.

Protests to the captain of ferry 9 fell upon deaf ears. It was quite obvious, from the nature of this action, that this dangerous transfer at sea was premeditated for at any time during the early parts of the voyage, this transfer could have been effected in total safety whilst the boats were located at the same jetty.

Ferry 8 was by now grossly overcrowded, the forward emergency exit was blocked by the passenger in the wheelchair, the port and starboard exits were blocked by mountains of baggage and by people crammed into the small available space. People were standing in the rear deck well, sitting on the stairway to the upper deck, with even people squatting in the toilet because the boat was so overloaded, blocked the aft exit.

As the boat approaches Mersing, it again stops and it is the same old story - we are asked to cross deck into smaller boats for the journey to Mersing jetty. Again women, children, the elderly are forced to jump down from a high ferry to a much lower-lying speed boat, the jump was some four feet. No assistance from crew members as they are to busy holding onto the ropes. So everyone was forced to look after themselves in making this leap, literally into the dark.

We hear a mumble from a crew person that this is necessary because the tide is too low for the ferry. However, 15 minutes after disembarking at the jetty, the large ferry comes up river and also moors.

When making a police report, we were advised that Bluewater had been receiving a large number of summonses during the day mainly for this practice of overloading and we were further advised that cross-decking of passengers is only allowed under the direct supervision of the maritime authorities. This operator shows a blatant disregard for passenger safety, their arrogance and the high-handed manner they deal with their clients has to be experienced to be believed.

At the very least, the captains of Bluewater ferries 8 and 9 should have their certification revoked, their comments and attitudes show them to be quite unfit to hold a position of any responsibility. One can only surmise, as on this occasion they were lucky. Should an accident have occurred, they would no doubt be running for cover and pointing the finger of blame everywhere except at the people it should be pointed at, themselves.

Issuing summonses against the operator is a joke. Any paltry fine likely as the outcome of this weekend’s shenanigans will be far outweighed by the collections from fare-paying clients they regard as so much cattle. Again at the very least, this company’s licence to operate should be revoked with immediate effect, and thus send a message to all ferry services that such downright dangerous practice and poor service attitudes will no longer be tolerated.

The real losers here are the Tourism Board of Malaysia, and the resorts and diving operators on Tioman, whose hard work has been wasted. We as a group will not return to this location, you can be certain that word-of-mouth from such a large group of people will dissuade even larger numbers of people to change their vacation locations to elsewhere.

How long can such poor service be tolerated? Or are the authorities simply waiting to react to a large-scale disaster involving one of these cowboy operators before wringing their hands and saying they were not aware of the situation?

Why M. Bakri Musa can't come home

Dr M must be vindicated if Malaysia is actually a Police State.

Blogger M. Bakri Musa, a California-based Malaysian surgeon, revealed in his latest updates that he may be in harm's way should he come back to his home country for now... or since Abdullah came into power. Quote:

Since Abdullah Badawi came into power, I had been warned from the highest level of the police force not to return. The warning came not as a threat but simply a message conveyed by someone from within the force concerned about my personal safety. Just to add substance to that threat, my friends in Malaysia have told me that the Special Branch had interviewed them! Fortunately thus far, it has just been an interview.

I have told them that I would not forgive myself if their friendship or association with me were to bring grief to them. Consequently I advised them to say whatever they want of me if that would get the authorities to back off.

Responding to a reader who challenge him to reform Malaysia from within Umno and physically from within Malaysia, he said:

...we Malays must disabuse ourselves of the silly notion that the only way to contribute is through politics. I do not blame you for suggesting that, for some of our brightest Malays feel the same way as you do. And they end up wasting their precious talent. [...]

When criminals become judges, virtuous deeds get criminalized. Remember, even former Prime Minister Tun Mahathir could not get voted in as a lowly UMNO delegate. That was a blemish not on him but on UMNO.

Is brain drain also colour blind? Read it for yourself.

'Not so perfect a country, but at least interesting'

What made Singapore, and not its neighbouring countries, the hub of global business?

Addressing some 3,500 lawyers and participants at the International Bar Association Conference, Harry Lee – a lawyer by training – listed some key attributes we Malaysia had talked about so incessantly but didn't seem to make it work: ( 1 ) Good governance; ( 2 ) a sound judicial system; and ( 3 ) the rule of law for investors and for economic growth.
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At the conference, Lee again touched on some themes that were dwelt upon with university students recently: The country's leaders had to create a Singapore that was different from its neighbours – a country that was cleaner, more efficient, more secure, with quality infrastructure, and good living conditions. Quote:
"Important for investors and economic growth is the rule of law, implemented through an independent judiciary, an honest and efficient police force, and effective law enforcement agencies.

"Had we not differentiated Singapore in this way, it would have languished and perished as a shrinking trading centre instead of becoming the thriving business hub it is today.

Lee, who recently spooked Malaysian leaders by stating that Singapore will one day rejoin Malaysia with a big IF AND ONLY IF, also cited three factors which enabled the Republic to escape the poverty that had plagued the region. Quote:

"First, clean and efficient government; second, the character and capabilities of the leadership in charge; third, an industrious people, eager and quick to learn to be productive and gainfully employed.

"Political leaders in Singapore take action against opponents who make statements against them that impute dishonesty and lack of integrity. Situated in a region where 'money politics' is part of the political culture and an accepted way of life, any allegation of corruption in Singapore must be taken seriously.

"It leads to an investigation by the CPIB (Corrupt Practices Investigation Bureau) and an action for defamation against the person making the allegation to clear any doubts on the integrity of the government. As a result, people in Singapore do not equate their political leaders with second-hand car salesmen."

However, Lee reared his Web1.0 head by emphasising that he would only measure Singapore's successes by his own yardstick, and not those "of Amnesty International or Freedom House or Reporters Without Frontiers".

People have been accusing Lee for taking away human rights in return for the economic growth. Lee must have heard it, but denied:

"There is nothing which you want to read that you cannot read in Singapore. Everybody is on the Internet, everybody has got broadband, you have got cable television, access to all the information, you can blog, you can do anything you like."

We do not know how well the younger generation of Singapore agrees with Lee. At a recent (over a year ago) Talkingcock.com event, this song was sung at the old Parliament House -- We The Citizen by Hossan Leong.

It was part of the Mr Brown Show. Remember?

October 15, 2007

Blog Action Day 2007

Today, October 15, is Blog Action Day! Bloggers all over the net are uniting to bring forth one important issue this year, the environment.

Do check out the Earth Journalism Network (EJN) website for more information about these environmental efforts. EJN works to establish networks of environmental journalist in countries where they don’t exist to, and build their capacity where they do.

EJN's latest e-newsletter also provides stories about how effective journalism and reporting can impact the environment. You will find it below in this email thread.

Information about the organiser5s of Blog Action Day 2007 is available here, and additional materials are available at www.internews.org.

My wish is to have the contractors who were tasked to clean up our rivers to return all the money, and let us do all over again -- correctly this time.

October 14, 2007

Ahemm... (Now) 'I know what you did last summer'

December is summer for Australia, which lies in the southern hemisphere.

Last December, Johor -- the bastion of Umno -- had the worst floods since 1969, causing at least 17 deaths and damaging multi-million worth of laymen's properties and belongings.

Kota Tinggi, the constituency for Umno and Foreign Minister Syed Hamid Albar, was in deep waters coded Red Alert by the meteorological department.

People were grumbling that our VVIP YBs were out of town, and even the PM was booked to open a nasi kandar shop in Perth, which was closed down swiftly months after.

The country was plunged into remote control mode, and Screenshots had a record of this.

Ten month had passed and only now do we know what our PM did last summer when Johor was in floods.

The testimony came from Datuk Seri Jean Todt, Datuk Michelle Yeoh's fiance, via The Star (Lifestyle, October 8, 2007):

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From the mouth of Ferrari Boss... SOURCE: The Star (see PDF here)

Christmas 2006 and New Year Day 2007 coincided with the climax days of the Big Floods in Johor.

From money politics to moral politics, pardon the C-grader movie, now we know what you did last summer, Mr Prime Minister.

And summer is fast approaching Perth again.

Rezeki dia

The datuk is no longer shy showing off his new "istana" in Klang which "boasts of 16 bedrooms and 21 bathrooms with jacuzzi.

Itu kan rezeki dia? So, he is spitting it right at your face.

Maths behind Spaceflight Participant and trained doctors

Read from Internet that it costs the equivalent of RM90 million to send our Sheikh into space, though an earlier space tourist paid US$20 million (RM68 million at RM3.40 exchange rate) for the same ride.

Assuming that it takes RM500,000 for a 4-year course to train a medical doctor in Russia, then, what glorified one Malaysian would have given us 180 Russian-trained medical doctors who could do more good to the country. That's multiplier effect to our talent banks and human capital.

Simple arithmetics and simple economics. I didn't hear it at the newsroom meetings or the 4th Floor Putrajaya.

I heard it at the warung kopi. And that bothers me.

UPDATES: And The Scribe wrote this on the eve of Hari Raya:

But having sent a Malaysia to space and basking briefly in the glory of it, we must, as always, get back to the real world – the world of real people.

The world of the struggling farmers, fishermen, factory and office workers, small traders, taxi drivers, Tsunami and flood victims, single mothers, the sick and the destitute, the jobless and the unemployable.

There nothing wrong in sending one or more Malaysians to the space or having a month-long colourful 50th independent anniversary, scaling the Himalayas, walking across the poles, swimming the seas and sailing the oceans.

These and other magnificent feats are the manifestation of the Malaysia Boleh (Malaysia Can) spirit.

In the final analysis, however, it is the bread-and-butter issues such as the rising cost of living, the widening income gap, the falling rate of job creation, the rising rate of crime and the growing rate of drug addiction that matter.

Pardon me if I accidentally puncture your balloon and spoil your party.

That bothers me even more.

October 13, 2007

Islamic state? More beer please!

Though Abdullah Badawi and Najib Razak had clamoured Malaysia to be an Islamic state, the fact is we will have more beer under their administration.

Singapore media disclosed yesterday that a third brewery has started operation in Port Klang in May, under the name of Napex Corporation. It produces and markets the brand Jaz Beer.

It's a market breaking news that rattled and riled even the incumbents.

Earlier, Malaysia has vowed to cap licenses to the two existing breweries, namely, Guinness Anchor Berhad and Carlsberg Brewery Malaysia Berhad.

Market players are wondering how two Chinese businessmen from Teluk Intan could obtain the brewery license when its issuance had been long frozen.

For now, as can be seen from Napex's product distribution strategy, Jaz Beer is positioned as a budget beer taegetting drinkers in the smaller towns.

Licensed by Royal Customs

Interestingly, Little Birds said Napex' brewery license was issued by the Royal Customs Department which reports to the Treasury, of which Abdullah is the finance minister.

This has been confirmed by Royal Customs Director-General Hj Abd Rahman b Abd Hamid when contacted by Oriental Daily News.

In past practice, issuance of brewery license had been under the jurisdiction of the Ministry of International Trade and Industry.

October 12, 2007

Salam Aidil Fitri

Takbir bergema, Syawal menyinsing.

As Ramadan was slowly being fulfilled, Dr Mahathir was up and about for a shutter-click session to wish fellow Malaysians Selamat Hari Raya Aidil Fitri.

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Photos courtesy Tara Sosrowardoyo, via Marina Mahathir

The photo-shoot on Thursday, October 11 2007, Bunga Raya suite, IJN, was conducted by internationally renowned photographer, Tara Sosrowardoyo.

Here's sharing Dr M's greetings with all our friends:

Saya dan isteri saya mengucapkan Selamat Hari Raya Aidilfitri, Maaf Zahir Batin kepada semua rakyat Malaysia, khususnya kepada yang beragama Islam.

TDM_IJN_071011_0065x200.jpgSaya minta maaf kerana pada tahun ini saya tidak dapat merayakan Aidilfitri bersama-sama dengan mengadakan rumah terbuka seperti biasa. Saya juga ingin meminta maaf kerana tidak dapat menerima pelawat sepanjang berada di Institut Jantung Negara atas nasihat doktor.

Bagaimanapun saya dan isteri saya ingin mengambil kesempatan ini untuk mengucapkan terimakasih kepada semua yang telah mendoakan kesihatan saya agar cepat pulih.

Kami berdua juga ingin menyampaikan penghargaan kepada semua yang telah menghantar ucapan selamat, yang telah mengadakan solat hajat serta majlis doa selamat untuk kesihatan saya.

Alhamdulillah keadaan kesihatan saya bertambah baik berkat doa yang dipohon serta usaha yang dilakukan semua doktor pakar yang terlibat serta staf-staf perubatan IJN.

Di sini saya dan isteri saya juga merakamkan ucapan terima kasih serta penghargaan kami kepada kesemua mereka yang telah berkorban masa dan tenaga sepanjang bulan Ramadhan untuk berusaha memulihkan kesihatan saya.

Tidak mungkin kami dapat membalas segala usaha ini. Namun saya dan isteri sentiasa berdoa agar semua yang dilakukan dibalas dengan keberkatan dan dirahmati Allah s.w.t.

Sekali lagi saya dan isteri saya mengucapkan Selamat Hari Raya Aidilfitri, Maaf Zahir Batin.

Dr Mahathir bin Mohamad
Dr Siti Hasmah Mohd Ali

1 Syawal 1428 Hijrah

Berkat doa dipohon... I am most grateful to Him the Most Merciful to have taken good care of Dr M all this while.

Selamat Hari Raya

Screenshots also takes this opportunity to wish all Malaysians Selamat Hari Raya, Maaf Zahir Batin.

Dendang Perantau...

That's my all-time favourite during Raya time, not forgetting Black Dog Bone's signature tune.. They never fail to bring me loads of fond memories, and fading reminiscence of childhood days in the kampung.

Nobel Peace Prize 2007

Today, the Nobel Peace Prize was awarded to Al Gore and the United Nations' Intergovernmental Panel on Climate Change for their work to raise awareness about the threat of global warming.

Let's hope that the Award will now put humanity's focus on global warming, and not put Al Gore on the presidential race.

When the 'Conscience of Gerakan' speaks as he retires...

Dr Toh Kin Woon is well regarded by both sides of the political divide, as far as I appreciate it, as the 'Conscience of Parti Gerakan'.

Now standing at 63 and having served three terms as the executive council member of the Penang state government, he has chosen to retire from partisan politics when the coming general election is due.

He spoke his mind to Malaysiakini the following day after the conclusion of the Gerakan's annual delegates convention -- the first time Dr Lim Keng Yaik was no longer at the helm.

In the interview, he admitted that it had been difficult in bringing changes within the ruling Barisan Nasional coalition because of parties like Umno, MCA and MIC that are too keen to continue protecting the interests of their own ethnic groups

Toh also conceded that he may have failed to make Malaysia "more open and democratic".

Hear him out in these two video clips via Malaysiakini.tv.


Part 1



Part 2

In granting the interview to Malaysiakini, Toh also drew a caveat that he was speaking for himself as he is not within the core leadership of Parti Gerakan that he joined in 1983.

He, however, was critical of our education system, lamenting that it had not addressed the basic ills that plagued the cradle that nurture our human resources.

'Institutionalisation of dissent'

To also dispelled the faintest possibility of a repeat of racial bloodshed due to economic fissures as the middle and upper classes of the society have gone multi-modal.

As a parting shot to Malaysians at the current crossroads, Toh said "you must have people who keep on being critical but at the same they are constructive".

Toh said he believed in "the institutionalisation of dissent". Prodded by Malaysiakini, he seemed to advocate a “strong” civil society and a better opposition force -- something that General Election 2004 had failed to deliver

Another Sukhoi buy?

Prime Minister Abdullah Ahmad Badawi said the back-up space-traveller, Dr Faiz Khaleed, would be the second Malaysian to go to space if a place is offered by Russia in the next mission to the ISS, reported People's Daily Online quoting local media in Malaysia.

The project to send Sheikh Muszaphar Shukor into space was conceived in 2003 when Russia agreed to send a Malaysian to the space station as part of a billion-dollar purchase of 18 Sukhoi 30-MKM fighter jets.

Are we looking at another Sukhoi buy? Ask Najib.

'Angkasawan Malaysia'

Meanwhile, Federal Space Authority of Russia is consistent with NASA classification and accorded our Sheikh the rank of "Flight Participant".

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Click JPG for larger image

Interestingly, theSun follows The NST to use the phrase 'Malaysian angkasawan' to circumvent any polemic arising from any untruthful portrayal of Sheikh's official designation from the perspective of major space authorities of the world.

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But another Sukhoi buy? Go ask Najib.

Al-Fatihah

My heartfelt condolences to MTUC president, Sdr Syed Shahir Syed Mohamud, whose wife Salbiah passed away at 10.00pm last night.

Funeral will be accomplished before zohor today.

October 11, 2007

Election by December?
Election after December?

Soon after my blog: Election by December? went up, a Little Bird from the mainstream media SMS-ed to advise me that the poll is likely to be on in March, not December.

Earlier the vernacular press were speculating on a year-end date as Barisan Nasional elected representatives and senators had been summoned to attend a pre-election briefing organised by the newly formed Forum Wakil Rakyat Malaysia (Fowram), and scheduled for October 21.

However, by noon today, Fowram issued a statement via Bernama announcing that the briefing, to be opened by BN Chief Abdullah Badawi, has been postponed indefinitely.

That newsroom Little Bird may be reading tea=leaf correctly, and I often respect his views.

I did ask him whether the Son-in-Law would want to wait till after April 19, to bury Anwar Ibrahim alive in polls. No answer so far.

Lingam Tape: Duo face jail sentence in protecting whistle-blower

PKR vice-president R Sivarasa and party worker Sim Tze Tzin today told the Anti-Corruption Agency (ACA) that they would not divulge the identity of their source of the Lingam Tape.

Seven days ago, the ACA has given them an ultimatum to divulge the details of the source by today, or risk going to jail.

Under Section 22(1)(c) of the Anti-Corruption Act, the duo face a maximum fine of RM10,000, or a maximum two years of jail sentence, or both.

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This morning, Sivarasa and Sim visited ACA headquarters in Kuala Lumpur to state their stand.

They also informed the agency that the notice compelling them to reveal their source was an abuse of the ACA power.


SOURCE: Malaysiakini.tv

Earlier, PKR announced that the whistle-blower will only testify in a Royal Commission, over which the Abdullah Administration is dragging the feet.

Sim told me on October 2, after he was questioned by the ACA, that he would stand his ground. He didn't bent.

Astronaut? 'Spaceflight Participant'?

Last check on the NASA official website, around 13:30hr today, our Sheikh Muszaphar Shukor was still classified as "Malaysian spaceflight participant".

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Notice the emblem on the attire? Our Sheikh has a different designation from the rest

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The Sheikh aside, full-function members aboard Expedition 16 were Commander Peggy Whitson and Flight Engineer Yuri Malenchenko. The duo formed the 16th International Space Station crew launched in their Soyuz TMA-11 from the Baikonur Cosmodrome in Kazakhstan at 9:22 a.m. EDT Wednesday.

While US astronaut Whitson and Russion cosmonaut Malenchenko will remain on the Space Station for six months, our Sheikh Muszaphar was launched with Expedition 16 and will land with Expedition 15.

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SOURCE: NASA official website -- International Space Station Expedition16

We have seen far too many fake datuks and fake Ph.Ds in the fast, haven't we?

The National PR Agency, failing which JJ's spin-doctors, must get public perception right before Sheikh Muszaphar returns, or he will be made the national butt of jokes in time to come. So save him (and us) the agony, please.

Sheikh should rightfully hold the record as the first Malaysian in space in a non-astronaut capacity. That's calling a spade a spade.

Sheikh should also rightly be recognised as the first Muslim in the world to have travelled into space during Ramadan. How does a Muslim in space face Mecca? Christian Science Monitor has the story.

Al-Jazeera said, as a Muslim, Sheikh Muszaphar will face some unusual problems observing religious rituals during the holy month of Ramadan.

At the speed the space station travels, orbiting the Earth 16 times every 24 hours, Sheikh Muszaphar would have been obliged to pray more than 80 times a day.

Bolehland in the eyes of Harryland, Web1.0

Is there a template for democracy? Harry Lee, who led Singapore to separate from Malaysia in 1965 and never looked back economically, seems to have showed one -- however flawed it can be. Quote (the part in red will surely spook our Umno kingpins):

Q: Who will come after you? Who would come after you?

Lee: There are assets here to be captured, right?

Q: Some unnamed bad regime?

Lee:
When [Malaysia] kicked us out [in 1965], the expectation was that we would fail and we will go back on their terms, not on the terms we agreed with them under the British. Our problems are not just between states, this is a problem between races and religions and civilizations. We are a standing indictment of all the things that they can be doing differently. They have got all the resources. If they would just educate the Chinese and Indians, use them and treat them as their citizens, they can equal us and even do better than us and we would be happy to rejoin them.

But whatever said and done, the Little Red Dot is in every sense a first-world country in optimising scant resources for maximum efficiency in running the machinery in governance, though fatally compromising certain core universal values in modern times.

Interestingly, Harry Lee finds it pertinent to comment on the Shock-A-Lingam Tape. Excerpts from Lee's recent interview with Top Plate and Jeffrey Cole on the 'template for democracy':

Lee: I don't know if you've caught up with this story. It's a bit of scandal going on. [Former Deputy Prime Minister] Anwar Ibrahim leaked a video, an old video, way back in 1980, of an Indian lawyer talking to a top judge about how he can arrange to get him promoted to be the "Number One" or whatever. I think it was an eight-minute video and Anwar has now put it on the Internet and it's on YouTube! So the Malaysian bar -- which have already been dismayed at the degradation of their judiciary and the corruption and judge-buying and case-buying -- they have demanded a royal commission to inquire into the facts.

So, the government, under pressure now, has appointed a committee of judges and one eminent person, to check on the authenticity of this tape. So that's bought them some time, but in the meantime, 2,000 lawyers, following what the Pakistani lawyers did, have marched on to the prime minister's office to deliver a petition to investigate this matter. Now, this would not have happened without the Internet and without YouTube. I mean it is so simple, you see.

Q: That's a changing world.

Lee: But at the same time, there is the problem of credibility. So, you have a website called Malaysiakini. That means "Malaysia Now" and it's got some very good articles in it and some of them are signed regularly by the same person. So when we get that, we read it and then we say, okay, circulate it. But you get a lot of rubbish, too, and you have got to filter it. It's a waste of time.

'They ZAM-med Malaysiakini, didn't they?'

Malaysiakini should feel vindicated as, on one hand, ZAM refused them media passes while Umno shuttled their press coverage, on the other and across the Causeway (crooked or otherwise) Harry Lee reads their stories and deems fit circulate them among the staff under his command.

Be that as it may, I can't help but bemused that Harry Lee DOESN'T quite get it right with the change Internet had triggered and is still triggering. He used the same sledgehammer to deal with something fluid.

Harry Lee is certainly Web1.0. He believed in neo-feudalism and sorely missed the power of interactivity inherent in prevailing forces of change, and by default, the cocktail of resultant impacts.

For context, read Tom Plate's column summarising the Harry Lee interview, available here, and the full transcript of Lee's interview with Plate and Jeffrey Cole, available here.

Footnote: Tom Plate is syndicated columnist for the UCLA Media Center and Singapore Straits Times, while Jeffrey Cole is a new-media expert at the USC Annenberg School Center for the Digital Future. The Harry Lee interview took place on Sept. 27, 2007 in the minister's private office at Istana, Singapore.

October 10, 2007

Diplomat's wife: DPM & Rela in active denial mode

Both DPM Najib Abdul Razak and Rela director-general Zaidon Asmuni denouncd reports alleging that the wife of an Indonesian diplomat was detained by Rela members during an operation here three days ago as being not true.

Najib said: "She was never detained. It is just that the authorities had to take some time to verify her travel documents."

Zaidon said no action would be taken against the Rela members who, according to him, had acted within the law and were carrying out their duty to assist the Police in an operation in Chow Kit from noon to 4pm last Wednesday.

'Indonesians are angry'

However, Indonesian officials had rejected the claims by Najib and Zaidon, and the diplomatic spat between the two neighbours had deepened, AFP reported today.

The Indonesian embassy insisted that Nurdin was taken into custody. Quote:

"Holding a person is detaining (the individual). She was held together with other migrants by the side of a street for up to two hours," said Eka Suripto, first secretary at the Indonesian embassy.

Suripto said the woman was released only after her daughter brought her passport. Muslianah had earlier presented a diplomatic identification card that the RELA officers did not recognise.

"We wish such incidents do not happen again. It is not acceptable," he said.

On the other hand, anger on the Indonesian side was raised a notch higher when Yusron Ihza Mahendra, deputy chairman of a parliament commission on foreign affairs, referred to the treatment of Indonesians in Malaysia. Quote from Reuters:

"Things like these happen again and again. If we stay silent they will think we Indonesians are stupid," said

"We must take strong action that sends a clear message that we are angry," Mahendra told Elshinta radio, suggesting that the government warn Indonesians against travelling to Malaysia.

Meanwhile, chairman of parliament's foreign affairs and defence commission, Theo Sambuaga, said ties between the two countries were hurt because of Malaysian "arrogance" and urged the two countries' leaders to meet to sort out the problems.

"We ask Malaysia, its apparatus and the media, to stop denigrating Indonesians," he told Reuters, adding that the Malaysian media also helped paint a negative stereotype of Indonesians in Malaysia.

'Rasa sayang'

Just last week, there have been calls for a boycott of Malaysian products in Indonesia amid the dispute over the folk song, Rasa Sayang (Feeling of Love).

Indonesia argued that Malaysia has no right to use their country's heritage for its tourism promotion. But Malaysia rejected the claim, saying the song was from the Malay Archipelago which groups Brunei, Malaysia and Indonesia.

Rocky has a good account of the Rasa Sayang dispute -- here and here.

Mana maruah, gemilang Malaysia?

Election by December?

The present term mandate for the Abdullah Administration will not expire until April 2009.

The issue is: Will the complementing factors for another Barisan Nasional win in the coming general elections hold that long? Will new negative impacts crop out along the way when the fuse becomes too short to exterminate?

Late last month, Abdullah himself postured that he will serve out the full 5-year mandate, and mainstream papers echoed that BN is in no hurry for polls.

This week, even economists and NGO activists are reading tea-leaves differently.

Yesterday, Citigroup economist Chua Hak Bin said in a note to investors that it expects Abdullah Badawi to call for early elections, possibly by December this year or early next year.

Chua predicts that Malaysia's stock market will rally -- if that happened.

Citigroup's prediction was carried by Thomson Financial and picked up by CNNMoney.

The economist's alert was in fact preceeded by earlier reports in Sin Chew Daily and Kwong Wah Jit Poh, which said Abdullah is summoning all BN elected representatives and appointed senators for a full-day pre-election briefing scheduled for October 21.

Evidently, the vernacular press is hinting that general election is around the corner.

The Star followed up on the story by saying that a total of 711 elected representatives and senators are scheduled to attend the forum organised by the newly formed Forum Wakil Rakyat Malaysia (Fowram).

Fowram was positioned as a brainchild of Abdullah Badawi based on the European Parliamentary Forum concept. It is led by Umno vice president Mohd Ali Rustam, the lightning rod to controversial pig-farm closure in Malacca.

Interestingly, among the agenda listed for the Oct 21 meet was to discuss how alternative media -- such as online newspapers; blogs and SMS -- are being used to "create a negative perception of government leaders".

(I thought David Sasaki, who was here to talk about how good and bad governments around the world are responding to blogs, should make a suitable speaker at the Fowram forum.)

To be sure, briefing incumbent elected representatives in the run-up to general elections had been a hallmark practice during the Mahathir era. Ironically, Abdullah chose to emulate he predecessor whose legacy he tried best to shadow.

Nov 10 Mass rally

Incidentally, BERSIH -- Coalition for Clean & Fair Election (Gabungan Pilihanraya Bersih & Adil) -- yesterday held a press conference at PAS headquarters yesterday to announce a mass rally on November 10 to press for a clean and fair election.

The rally, expected to amass 10,000 people, will end with a walk from Dataran Merdeka to the National Palace where a memorandum seeking reforms in the electoral process will be submitted to the Agong.

Nevertheless, there are also quarters who said Abdullah is hurrying for an early poll before Dr Mahathir recovers fully to launch fresh fatal attacks on his performance as the prime minister for the past four years.

Opinion polls conducted by the Merdeka Centre of Opinion Survey that Abdullah's approval rating plummeted from the high 80's to around 65% on two occasions Mahathir made the attacks on his quality of governance.

Maruah Nazri & seppuku?

The Shock-A-Lingam Tape exposed not only power brokers in the Judiciary, it strip-teased the public how Abdullah Administration held law in regards.

Sunday, Minister in the Prime Minister's Department Mohamad Nazri Abdul Aziz said witness and whistle-blowers in the Lingam Tape can be given a new identity or undergo surgery to be given a new face under the Witness Protection Act.

Nazri claimed that witness protection is given even in police and ACA cases and not only for Royal Commission cases only.

But what Witness Protection Act this Nazri was talking about?

The following day, October 8, Bar Council said there is no such legislation.

Council president, Ambiga Sreenevasan, said the council had never heard of such an Act on witness protection and even if there is one, it did not know its scope.

"Although Section 53 of the Anti-Corruption Act 1997 provides some form of protection, it is not to the extent mentioned by the minister," she said.

Meanwhile, former United Nations special rapporteur on the independence of judges and lawyers Param Cumaraswamy said in a statement that Parliament had only passed the Evidence of Child Witness Act, making provisions relating to the giving of evidence by child witnesses this year.

"I hope Nazri is not confused with the Act. As a de facto minister for law, he should exercise caution and check his facts before making public statements. Incorrect statements such as this could embarrass the government," he was quoted as saying in theSun.

Even a legal novice like Parti Keadilan Rakyat president Dr Wan Azizah Wan Ismail had commented that she was mystified when Nazri made the statement as the legal division in parliament has confirmed that no such Bill had been tabled for a first reading in the lower house.

“The only bill which was tabled, debated and passed by the Lower House two sessions ago was the Evidence of Child Witness Bill 2007,” she said in a statement October 8.

The Nazri U-Turn

Yesterday, October 9, Nazri made a turn-around and admitted that he had had a big boot in his mouth.

He submitted that a Witness Protection Act did not exist in Malaysia.

However, he shifted the blame for the snafu to his aide. He said he had got his press secretary to inform the press to correct his statement on Sunday but it was not done.

"The government is looking to enact a law to protect whistle-blowers, there is a need for such a law," he said in a phone interview with theSun.

Nazri told theSun that when he spoke to reporters on Sunday, he was referring to all available Acts in the country that offered some protection to witnesses, like the Anti-Corruption Act, Criminal Procedure Code, Evidence of Child Witness Act and Anti-Trafficking In Persons Act.

He, however, stopped talking about the plastic surgery that he profferred to protect the whistle-blowers under new identity.

'Cakap tak serupa bikin'

It is pertinent to recap that the Abdullah Administration, which promised to whack corruption big time, had never been serious in strengthening laws that complements graft-fighting.

In 2002, former Minister in the Prime Minister’s Department Dr Rais Yatim had said that a witness protection scheme would be introduced to assist Malaysia’s effort to combat terrorism.

In August this year, Inspector-General of Police Musa Hassan also called for a Witness Protection Act to shield those who help in police investigations or testify in criminal cases.

Nothing happened.

If only Nazri had maruah in his self, Malaysia will be spared the agony to suffering fools. But I don't think he understood what was written on harakiri as a means to seek redemption for high office failures in Japan.

I hope he didn't mistake seppuku for hala-kanan.

October 09, 2007

Running away from YouTube

I am experimenting to break away from YouTube which is fast becoming a noisy bazaar.

My choice is blip.tv, and my personal site is here: jeffooi.blip.tv. The first posting is ALL-BLOGS' Forum with David Sasaki as the speaker.

Rising Voices Microgrants

Meanwhile, David has uploaded on Slideshare.net his presentation slides used in a private session with members of ALL-BLOGS, People's Parliament and Citizen Think Tank, held at the BLOG HOUSE on October 2.

David has also posted an update about the current Rising Voices projects on GVO. This might give some idea of what Rising Voices is looking for to any prospective Malaysian applicants.

Click here to read his entry.

Ill-treating thy neighbours:
From Nila Tanzil, Donald Luther Kalapita and now, to diplomat's wife

First, Malaysia Tourism dishonoured and disgraced Indonesian blogger-TV anchor Nila Tanzil.

Next, Malaysian police beat up Indonesian karate referee, Donald Luther Kalapita.

Last Wednesday, Muslianah Nurdin, wife of Indonesia's education and culture attache, was accused of being an illegal migrant, and detained while shopping in Kuala Lumpur despite showing her identification.

The vigilante round-up was conducted by members of a 400,000-strong volunteer force, Rela.

The Indonesian embassy in KL issued a statement late yesterday to condemn the arrest. Quote The Star:

“She showed her card to the officer who claimed that he did not recognise it. She was detained and placed with other illegal immigrants.

“Based on the Vienna Convention on Diplomatic Relations, the Rela officer has violated international laws by showing disrespect to a member of the embassy,” it said yesterday.

Read Associated Press/International Herald Tribune and Google News.

SIL: 'We have not lost the Chinese vote'

Does it take a race-based believer to leverage the merits of racist politics?

It's in Singapore's free paper, TODAY.

'I am a Muslim'... 'I am Muslim, too'

Dina Zaman has a book: I am a Muslim.

Zan Azlee has a documentary titled ‘I’m Muslim Too!’ after roaming Iran, Jordan, Syria and Lebanon for a month.

Watch this Fat Bidin video. Four years after Abdullah Badawi leading the OIC, but people in Iran still remember Malaysia for Dr Mahathir, Dr Mahathir for Malaysia.

I feel great when young Muslims portray Malaysia the way Malaysia should be.

OK, we (Malaysia) will be racist for a while more

Will UMNO become United Malaysian National Organisation to pave the way for a true Bangsa Malaysia anytime soon ?

I have asked the question since I started blogging in 2003, and more insistently after Abdullah Badawi took over from Dr Mahathir in 2004.

(Let me confess my sin yet again: I even campaigned to give Abdullah Badawi the mandate that he will in return allow us laymen to "work with him, not for him" to reform Malaysian mentality and to forge for a non-race-based nationhood. I think I have misread him miserably and succumbed to the lures of spin-doctors he hired.)

ISEAS Fellow and former Malaysian Dr Ooi Kee Beng, who returned to Southeast Asia in 2005, picked up the same issue and postured it on January 4, 2005 in his article: Time for Umno to rise above ethnic politics.

Last week, October 4, 'hindsighter' Gerakan Youth Chief Mah Siew Keong proposed that all 14 component parties of the Barisan Nasional, of which the mono-ethnic Umno is the dominant player, be resolved and a single political entity be formed.

It took none other than Mah's superior, Gerakan acting Chief Dr Koh Tsu Koon, to put paid to his suggestion.

Significantly, Koh's rejection of the proposal came almost immediate -- within 24 hours after Mah uttered it at the annual delegates' meeting for the party's youth wing -- nevermind that the former is more noted for his indecisive yet verbose, and kowtow demeanour.

October 6, Deputy Prime Minister cum deputy Umno chief Najib Abdul Razak chose his home-base in Pekan to give a Gerakan Youth's proposal a negative posturing. He said the proposal will cast "major implications for the country’s political situation". He didn't elaborate what they were.

No merger (Same BN, same Umno)

Abdullah Badawi took the cue from Koh and Najib and, effortlessly, adjusted the rhetoric in his original prepared speech.

The next day, away from the Gerakan delegates, October 7, he declared in Kepala Batas that Gerakan Youth's proposal for a multi-ethnic single entity is not practical for Malaysia.

The Star, the country's largest circulation English daily owned by MCA, another mono-ethnic, race-based component party of BN, gave it prominent coverage. No need for merger (lah), the headline said.

The story, however, was picked up by a distant radio station, Radio Australia.

For context, let me quote Kee Beng, a former Penangite actually, from his 2005 article I mentioned above purely from an emotionally-detached, academic point of view:

THINGS that succeed become one of two things. They either face irrelevance or they continue their existence as an unquestioned configuring backdrop. Normally, they do a bit of both, because success is often only partial. [...]

Following the elections and riots of 1969, the power balance between the ethnic groups and their political representatives veered strongly to accommodate what came to be called the Malay Agenda. Government policies after 1971 were all configured strongly by the programme of the Malay nationalists to advance the socio-political and socio-economic role and status of the Malay community.


The expansion of the ruling Alliance coalition to become Barisan Nasional (BN) also meant a strengthening of Umno's hegemonic status. This also meant that the MCA's status and influence were weakened.

In many ways, this New Economic Policy succeeded. This is commonly described through the welcome emergence of the Malay middle class and the Melayu Baru. Although the NEP ended in 1990, it lived on in practice and in policy in various forms.

However, privatisation and the radical changes in the foreign policy discourse of the Mahathir years, together with the overall economic success of the decade preceding the 1997 to 1998 financial crisis, altered the conditions for inter-ethnic relations.

A broadly held wish to move beyond ethnocentrism as the decisive political and social discourse became more and more obvious throughout the later Mahathir period. The rise of non-governmental organisations intimated that ethnocentric politics were diminishing in importance.

Kee Beng continued his discourse and observed that the March 2004 general election gave the BN (read: Umno and Abdullah Ahmad Badawi) the largest mandate it had ever had, with PAS the main loser. He suggested the following implications:

The shift from inter-ethnic balance to Umno hegemony over the years thus led to Malaysian politics becoming centred on intra-Malay leadership, and by extension, to the issue of Islamisation. What this has led to, where non-Malay politics are concerned, is the marginalisation - or the ironic de-politicisation - of ethnicity-based Chinese and Indian political parties and their politicians.

If Gerakan is lame by 2007's standard -- where the party chief shoots down his own party members' aspirations -- Kee Beng is equally less forgiving for MCA, the second largest race-based party within BN. Kee Beng said in 2005:

The success of Umno has not led to its own irrelevance, but to the irrelevance of its partners in the erstwhile politics of symmetric ethnic balance.

This can be observed in the discussion now underway in Malaysia about the MCA's present and future role. Picking up on the debate that had been running in Malaysian Chinese newspapers since October, last's month's Aliran magazine joined the fray with articles by Mr Francis Loh and Mr Tan Lee Ooi calling for the MCA to return to politics.

No doubt, being an ethnicity-based party in a political scenario where all references to ethnicity and religion are sensitive could not have been easy, and must have left the MCA paranoid and limp. [...]

Perhaps it would be wiser to let the MCA submerge itself into civil society where it can do some tangible good. In a BN where Umno reigns supreme, the MCA lacks the ambition to be anything other than what it had become - 'an extension and instrument of the state so as to assist in maintaining the status quo and in supplementing the delivery of public works and services', as Mr Loh put it.

So, what lies ahead when entrenched in the absolute position of power, Umno is bent on perpetrating its mono-ethnic, race-based politics? Kee Beng concluded:

The political trend, as has been argued, is in favour of issues transcending ethnicity. This in itself is a result of the success of the Malay Agenda, which was aided to some extent by global dynamics. The apparatus of ethnocentric politics - or at least the ethnocentric tenor of the establishment - is showing signs of irrelevance and should perhaps be allowed to remain a backdrop.

Tellingly, even the Islam Hadhari initiative started by Umno under Datuk Seri Abdullah in January last year avoided any mention of ethnicity.

Given the power it presently enjoys, a responsible tactic for Umno to adopt as part of a long-term policy would be to transcend ethnocentric politics on its own, and perhaps even transform itself in the process into a party for Malaysians, and not only Malays.

It would thus be naive, and politically suicidal, for MCA to wave the Federal Constitution, and Gerakan the Rukunegara et.al., to just solicit rounds of applause in the convention hall when nothing changed but remained very much the same.

Fire your imagination for change

I am sure all non-Umno Malaysians -- some into their fifth generation in this land -- are sick and tired to be labelled 1, 2, 3 and 4 whenever it was times to filling forms in renewing the passport or subscribing to mobilephone services. Why must this racist policy sustain after 50 years of independence?

As an individual, I have taken the decision to dispel the superstition that Abdullah is the messiah for post-Mahathir Malaysia. I hope Mah and his party members -- if they believe in what woke up in Malaysian realpolitik -- will join my rank one day by choosing a non-Umno platform of their choice.

And options are aplenty out there. You just need to fire your imagination to make things change

Happiness is...

Dr Mahathir Mohamad was transferred from the Intensive Care Unit to the Bunga Raya ward of Institut Jantung Negara at noon yesterday.

DrM_20071008.jpg

DrM_20071008(b).jpg
Pictures courtesy Marina Mahathir

IJN doctors said they are happy with Dr M's progress. In fact, the Tun has also been able to walk unaided since Sunday.

Screenshots
was informed that Dr M will continue with post-surgery rehabilitation, including chest and muscle strengthening exercises. So, to give him adequate rest in between physiotherapy sessions, let's respect that visitations continue to be limited to immediate family members.

Happiness is... Dr M is out of ICU!

October 08, 2007

Astro: Is CEO Rohana Rozhan done?

These days of buka puasa I am having is getting very interesting and intriguing.

Astro went to some length to get Rohana Rozhan appointed to the CEO position at Astro TV in May 2006.

Now words started to emerged why, in eight short months, she had to report to a new boss -- a South African and a British subject named Robert Odendaal, starting February this year.

All these, when we hardly bid fond farewell to David Butorac.

Almost choked in sirap

Meanwhile, another Little Bird almost had me choked when I was savouring sirap in my mouth.

Is NDS saying YES with some sexy technologies from Country-I? Will Abe Peled's platoon land here some day?

I have been attracted to NDS's being implicated in breaking other companies' satellite encryption schemes, notably the one involving a lawsuit brought by Canal Plus, and a 2002 story in Guardian about NDS laboratory in Haifa, for implication in similar activities.

I had more helpings of Arabian dates, thinking vaguely of the Six Day War. The nasi bryani kambing was great but thanks but no thanks.

No teeth; A question of honour

In his Sunday column, former IGP Hanif Omar said the three-man Panel of Enquiry swiftly set up by the Abdullah Administration to establish the authenticity of the Shock-A-Lingam Tape "has no teeth".

He said the 'damn-est' statement attributed to any senior member of the Abdullah Administration was that made to the Deputy Prime Minister on October 4. He said it "just cannot be correct" for Najib to have said the panel are not supposed to call any witnesses. Quote:

This flies in the face of the Justices’ statements that they cannot compel witnesses to attend, which does not mean that they cannot invite witnesses to attend voluntarily!

The DPM is also reported to have said that the panel could (only) access reports prepared by various agencies such as the ACA and PDRM. This gives us scant comfort if that is all they can do.

I hope the Deputy Prime Minister’s office will clarify this because if it is true, then not many will believe any findings that may exonerate the perceived main actors even though that may be the irresistible conclusion under the circumstances. Then, of what use is the Panel of Enquiry?

Hanif also said that judges are human; some can be frail in character. "Therefore, the system should be able to detect candidates with frail characters and avoid appointing them to office or promoting them," he said.

It's all a question of honour, Hanif concluded.

In Malay, the word 'honour' here should be equated to maruah.

Then, maruah would be a word hard for an average anak barua can't understand.

Prepaid4u? Maxis & Celom on MLM?
A business built on Maybank ATMs?

I want Bank Negara, MCMC and Shafie Apdal's ministry to take note of this company called Asia Mobile Commerce Privilege (M) Sdn Bhd that runs M-Commerce MyMode Portal.

It says it has just celebrated its third anniversary and had won two awards: "The 4th Asia Pacific/Malaysia eEntreprenuer Excellence Award" and "The 4th Asia Pacific International Honesty Enterprise-Keris Award 2005". Blah blah blah.

The company operates on a Multi-Level Marketing business model, primarily selling Maxis and Celcom reload cards, with prices ranging from RM10 to RM230.

The promise is: "Your Get Paid On A Regular and Continuous Basis......For Life".

Prepaid4U_01.jpg

Here are their mousetraps:

1 ) http://www.mymode.com.my/.
2 ) http://prepaid4u.net/eindex.php?id=qruokz ( or http://tinyurl.com/25wvw8 )
3 ) http://mobile.prepaid4u.net/tutor/content/blogcategory/13/26/

Whatever, but this company, or its members, are spamming my mailbox like shit with this message:

SATU-SATUNYA BISNES YANG TERPAPAR DI ATM MAYBANK

MYMODE MENGAMBIL MASA 2 TAHUN UNTUK MENYAKINKAN PIHAK BANK NO.1 DI MALAYSIA (MAYBANK) UNTUK MELETAKKAN SISTEM MYMODE DI SETIAP MESIN ATM MEREKA SETELAH MELIHAT KEMAMPUAN MYMODE MENTADBIR DAN MENJANA KEUNTUNGAN SETIAP HARI.

LIHAT GAMBAR MYMODE DI SCREEN INI http://simurl.com/maybank JIKA SYKT NO. 1 NEGARA BEGITU GAH MELETAKKAN MYMODE DI ATM MEREKA, MENGAPA TIDAK ANDA MERASA BANGGA MENJALANKAN BISNES INI.

Prepaid4U_03.jpg
SOURCE: http://simurl.com/maybank

And tell me, what's e-Dagang.net's hand in this scheme? See WHOIS here.

Prepaid4U_02.jpg

Do you think Shafie Apdal could find the AJL license he issued to this company purportedly located in Ampang, Selangor? Is it yet another Chinaman company with a Malay front?

Suck whatever money you want from the system (and this includes Maxis, Celcom and Maybank, too), but please leave me alone. Don't spam my mailbox. I am not your type.

October 06, 2007

ALL-BLOGS Forum: The YouTube & David's presentation slides

UPDATED VERSION. For those who missed the ALL-BLOGS Forum featuring David Sasaki on "Blogs & Digital Democracy", here is a 16-minute video clip, now hosted on YouTube, courtesy Fat Bidin.

Listen to how David related to the notion of Fear Factor vs Tipping Point.

Meanwhile, David has also kindly uploaded his 49-slide presentation for online sharing on Slideshare.net.

Besides, the high-res LensaPress photos taken by blogger/photog Paul Choo are coming up on Flickr.com.

You are invited to tap into the power of Internet and help spread what ALL-BLOGS has been trying in promoting blogs, via the YouTube clip, Flickr.com pictures collection and the David Sasaki talk.

UPDATES: Blogger Whattahack has a picture collection of the event on his Picasa. Oriental Daily News ran a full-page feature on David Sasaki and his work in Global Voices (October 7, 2007).

To all Facebook fans

For weekend therapy...

Courtesy another Facebook friend.

'Fear Factor' & 'Tipping Point' in whistle-blowing

The Shock-A-Lingam Tape. It just shows how Malaysia degrades in areas that matter.

First, a shocking 2002 videotape showcasing a "prominent lawyer" brokering the elevation of judges in the Judicial system. Post 2002 promotions in the Judiciary coincided with the line of conspiring thoughts mentioned in the taped conversations.

A copy of the tape was submitted to the Anti-Corruption Agency (ACA). An official report was lodged to initiate investigations.

Next, the Executive, which lords over the judges including the Chief Justice, rejected the setting up of a Royal Commission to save the Judiciary.

About 2,000 members of the Bar Council and the public voiced their concerns in the historic Walk for Justice, rging the government to ( 1 ) set up a Royal Commission of Inquiry to probe the state of judiciary consequent to the expose of the tape; and ( 2 ) set up a judicial appointments and promotion commission.

Then, A 3-man panel of inquiry was instituted to determine the authenticity of the video-tape.

The latest: The ACA has threatened to jail two whistle-blowers' whistle-blowers -- PKR vice-president and senior human rights lawyer R. Sivarasa and party staff, Sim Tze Tsim -- if they won't surrender the whistle-blowers behind the infamous tape.

Now, the voice has emerged: "Whistleblower will surface only at a Royal Commission of Inquiry".

On the principle of protecting the whistle-blowers and not killing the messenger, Screenshots a relevant press release in solidarity with the cause -- Remove the Fear Factor; Tipping Point is near.

Press Release 05 October 2007

(FOR IMMEDIATE RELEASE)

Whistleblower will surface only at a Royal Commission of Inquiry

(Kuala Lumpur) President of the People's Justice Party (KeADILan), Datin Seri Dr. Wan Azizah Wan Ismail today chided the Anti-Corruption Agency (ACA) in its attempt to charge two members of her party – vice-president and senior human rights lawyer R. Sivarasa and party staff, Sim Tze Tsim – for refusing to reveal the source of the videotape that has scandalised the nation.

The videotape shows a conversation between lawyer VK Lingam and purportedly, the current Chief Justice, Tan Sri Ahmad Fairuz, where the fixing of judges sympathetic to the government was said to have occurred.

"The ACA should be after the offenders in the videotape, and not the messengers or the whistleblower.

"Unfortunately, this latest action allows the ACA to be perceived as yet another tool of the government, protecting those who are corrupt instead of victims of corruption," she said.

Dr. Wan Azizah, who is also the Member of Parliament for Permatang Pauh, stressed that her party will go out of its way to protect, not just the two party members, but any member of public who has information on corruption and the misuse of powers.

"We will stand by these two men and the source of the videotape, and my party will never compromise any source with information on corruption to the authorities, until immunity is guarantee for the whistleblowers.

"In this case of the 'Lingam tape', the source will only surface at a Royal Commission of Inquiry," she added.

Dr. Wan Azizah also said KeADILan will be initiate discussions with other political parties and civil society, to come out with a Whistleblowers Act in Malaysia.

"We have been talking about having Whistleblowers Act for many years now, but this has been cast aside by the government who claims whistleblowers will be protected.

"It is clear that this is not true, and the time has come for us to begin work on this crucial piece of legislation."

(END)

I will link to a related press release by ALiran later.


'Fear Factor' & 'Tipping Point' in blogging

UPDATED VERSION. After reading this blog entry from Jakarta, David Sasaki emailed to clarify on the Taiwanese bloggers to emulate their Chilean counterparts in contronting their presidential candidates.

He also pointed to "an interesting parallel between Taiwanese and Malaysian blogger activism".

"Earlier this year, Taiwanese bloggers organized to save a leprosy sanatorium. Now it is a group of Malaysian bloggers trying to do the same thing," he added, pointing to valleyofhope.blogspot.com which showcases the community's struggle to save the Sungai Buluh leprosy sanatorium.

Interestingly, David he learned about the two campaigns to save leprosy sanatoriums via a blog in Hong Kong, interlocals.net.

"What a globalised world!" David exclaimed.

Details of David's updates have been included in the second portion of this blog entry.

Original Posting

I reckon those who didn't make it to the ALL-BLOGS Forum to hear David Sasaki speak on Blogs and Digital Democracy must be puzzled with the terms FEAR FACTOR and TIPPING POINT, and juxtaposition brought forth by the meanings between the two phrases.

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SITuATION IN MALAYSIA: Fear Factor vs. Tipping Point... LensaPress photo by Paul Choo

As I had observed earlier, Fear Factor and Tipping Point could well be David's assessment of the situation in Malaysia, that fear is gripping the country and that people may stop speaking up.

That is because, throughout David's 4-day visit to Malaysia and holding eyeball-to-eyeball conversations with the bloggers, journalists, think-tank, lawyers, human rights activists and the laymen, FEAR was the buzzword that popped up repeatedly in various contexts.

David, who travels extensively across the world in the course of his work -- literally from hotels to hotels and backpacks to backpacks -- still believes that there is great potential for bloggers in Malaysia not only to expand and become more influential but also to promote the transition from the ‘digital democracy’ of cyberspace to actual democracy in society.

“But it’s going to take a lot of work, a lot of commitment, and it’s also going to take less fear factor and more ‘tipping point’,” he said.

Fauwaz Abdul Aziz of Malaysiakini, who covered the event, has a good record of what David shared with his audience and I listened well to most of the dialogue that circled around the blogging scene in Malaysia today.

Let me quote Fauwaz and Malaysiakini on this:

The term ‘tipping factor’, Sasaki explained, was coined to describe the state of near-paralysis or hesitation he and his friends experienced as teenagers whenever they were about to dive off a particular rock into a river - 40 feet below - they used to swim in.

None of them would initially want to be the first to jump off that rock - to go beyond that tipping point - into the air and plunge 40 feet into the water, said Sasaki. It was only when one of them overcame that fear that the rest followed.

Comparing this to blogging in Malaysia, Sasaki said the interests and welfare of bloggers demand that there be a critical mass of bloggers to take the plunge by embarking on blogging projects to promote democracy and government accountability.

“I can tell that, in Malaysia, there’s a big fear factor when it comes to blogging: ‘If I write something, am I going to lose my job? Is it going to prevent me from getting a job in the future? Am I going to be detained by some authority and questioned? What’s going to happen to me?’ he said.

He noted that there were many organisations - including his - willing to fund grants worth millions of dollars on blogging projects that could serve as tools to promote democratic practices.

“Blogging, podcasting, and citizen media has not reached that tipping point in Malaysia because there aren’t enough people jumping off the rock. We need a concerted effort and a lot of people who are motivated to apply for some of these grants - who are willing to take the risk.

“If there are enough people to do it, then there’s not going to be any arrests because you have that critical mass,” he added.

How governments approach blogs and citizens who speak up

David gave firmer context to the notions of Fear Factor and Tipping Point by showing how countries like Burma, Barbados, Egypt, Malaysia (yes, Malaysia!), Turkey, and Thailand have sought to scare bloggers from competing against the states’ monopoly over news and information.

On the other hand, bloggers in several other nations have succeeded in engaging the government and persuading its officials to embrace blogging as a medium of communication.

Some government authorities, such as the city of Buenos Aires, now even have official ‘chief bloggers’ who serve to moderate discussions on blogs and channel constructive criticisms and proposals to the relevant government bodies for action, David said.

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The Pro-Blogs Brazilian minister

Chile had blogs set up for all candidates to the 2001 presidential elections. Each candidate was obligated to answer each and every question posed on his or her blog.

The experiment in Chile was soon repeated in Taiwan for its presidential elections, noted David.

However, the record shows that, as much as bloggers in Taiwan really liked the idea of the Chilean presidential candidate blogging forum, they weren't able to organise it, David told in a subsequent email exchange today.

Taiwan & Sungai Buluh

"However, there is an interesting parallel between Taiwanese and Malaysian blogger activism," David said.

"Earlier this year Taiwanese bloggers organized to save a leprosy sanatorium. Now it is a group of Malaysian bloggers trying to do the same thing," he added, pointing to valleyofhope.blogspot.com which showcases the community's struggle to save the Sungai Buluh leprosy sanatorium.

Interestingly, David he learned about the two campaigns to save leprosy sanatoriums via a blog in Hong Kong,
interlocals.net.

"What a globalised world!" David exclaimed.

He also cited the example of Cambodia, which had organised a national conference of bloggers last year.

That conference, in turn, led investors around the world to start thinking seriously about investing in Cambodia.

David also noted that Cambodian King was the country’s first blogger.

“Even president of Iran Mahmoud Ahmadinejad has a blog,” said David, showing a slide on it.

Other examples of governments that had incorporated blogging as part of its communication tools were Ecuador and Brazil.

In the case of the Brazilian state news agency, links to all blogs discussing its articles are embedded in their reports.

David also cited similar success stories as seen through the case the Mzalendo blog in Kenya. The blog documents the bills passed by and the voting patterns of Kenyan parliamentarians.

A captivating development in blogs has been the readiness of notable organisations and institutions to fund blogs initiative.

In the first-world countries like the USA, TechPresident is funded to show how US presidential candidates have been rated by influential bloggers.

The strong pertinence that drives TechPresident is because such blogs had raised the level of discussion above mere rumour-mongering, David said.

“it’s not the bloggers trying to get the politicians to come to their conventions - it’s the politicians trying to get the bloggers to their conventions,” he added.

Part of the reason such blogs have been supported is the realisation that bloggers have become ‘cultural ambassadors’ of their respective countries, according to David.

Even large corporations have to some extent depended on and embraced blogs and bloggers, he said.

Nevertheless, David observed that governments around the world normally deal with digital democracy in three patterns, that is to either (1 ) engage them, ( 2 ) suppress them, or ( 3 ) ignore them.

While some governments have either embraced or cracked down on bloggers, bloggers may also be faced by a government that simply ignores them. In this event, said Davidi, bloggers have to look elsewhere for institutional and financial support to help their cause.

“Look to civil society groups and explain the potential of citizen media to them,” he urged.

Rising Voices microgrants

ALL-BLOGS really appreciates David's willingness to pop over to Malaysia for a short visit and to speak at our first public forum to promote blogging.

We also wish to thank Rising Voices, an outreach initiative of Global Voices supported by the John S. and James L. Knight Foundation, to put Malaysia on its radar screen.

We understand that Rising Voices aims to extend the benefits and reach of citizen media by connecting online media activists around the world and supporting their best ideas through three main strategies: ( 1 ) Microgrants; ( 2 ) Outreach Curriculum and ( 3 ) Networking.

The next round of Rising Voices microgrants will be announced in two weeks time, Anyone in Malaysia who wish to explore the possibilities of applying for such grants may visit the official website, or contact this blogger.

October 04, 2007

End-game for Blogs & Digital Democracy?

David Sasaki has had three rounds of conversations with bloggers and grassroot citizens in the last three days. This could well be his assessment of the situation in Malaysia, that fear is gripping the country and that people may stop speaking up.

sasaki_72x600.jpg
SITuATION IN MALAYSIA: Fear Factor vs. Tipping Point... LensaPress photo by Paul Choo

David observed that governments around the world normally deal with digital democracy in three patterns, that is to either (1 ) engage them, ( 2 ) suppress them, or ( 3 ) ignore them.

He gave brief snapshots of countries that resorted to the three behaviors, respectively.

David was visibly taken aback when human rights lawyers, think-tanks, journalists and editors, bloggers and blog readers he met in Malaysia kept telling him of profound fear of the State when it comes to facing up with the consequences of speaking up in the public sphere -- in print, online or offline.

David has a last stand at the National Press Club tonight. Let's hope he remains optimistic of Malaysia.

Here are more pictures of the ALL-BLOGS Forum:

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Gilberto Gil, Brazilian Minister of Culture is a rock singer and advocate of free culture

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sasaki_142x600.jpgALL-BLOGS & RISING VOICES... David with some of the ALL-BLOGS team who organised the event


All LensaPress photos by Paul Choo

More stories on David's visit soon. We are also in the mids of editing the video clips for YouTube, and hosting David's slides for share-alike-downloading.

UPDATES: Read Howsy's blog entry.

Halim Shafie: Susah susah susah...

Three days ago, October 1, Screenshots announced that board members of the MCMC shall convene to deliberate on regulatory issues affecting the industry on October 4, that's today.

Screenshots also promised you a YouTube that portrayed MCMC Chairman Dr Halim Shafie's commitment to deal with rogue celcos and their external content providers who repeatedly flouted industry guidelines tied to the provisions of CMA1998. Here it is

:

I hope, before today's Commissioners' meeting, the MCMC will play the YouTube, which was clipped from an NTV7 programme HAP ANDA) that highlighted the ins-and-outs of that SMS Scam that took place right under Halim's nose.

We do know that eminent people of the public had been appointed members of MCMC, led by chairman Dr Halim Shafie, are:

  1. Dr Halim Man (Secretary-General at KTAK),

  2. Dr Gan Khuan Poh (a retired director at EPU, Prime Minister's Department),

  3. Raja Arshad Raja Tun Uda (an accountant and formerly executive chairman of PriceWaterhouseCoopers Malaysia),

  4. C. Rajandram (executive deputy chairman of Rating Agency Malaysia),

  5. Mohamed Sharil Mohamed Tarmizi (executive director at BinaFikir who is a former MCMC official now appointed a representative of the government in ICANN as the Chairman of the Government Advisory Committee (GAC), and

  6. Abdul Hanan Alang Endut, Secretary General of the Ministry of Science, Technology and Innovation.

We do know that The MCMC shares an advisor in businessman Zaki Azmi, an Umno insider who made history to become the first lawyer to be appointed directly to the Federal Court.

However, we do know if this Ramadan, the MCMC Commissioners shall deal with the SMS Scam scandal with a bold broad stroke, or make it an Oktoberfest with Halim Shafie doing the tap-dancing. See this:

We also really do NOT know if the celcos are confusing Halim, or Halim himself is confused?

MACRO KIOSK ROMPS AGAIN! For example, soon after the Maxis ad announcing the commissioning of spam-proof mechanism (CAUTION: Not spoof-proof preventive gateway) appeared in The Star, Screenshots was alerted to two cases of fresh complaints against unsolicited SMS, using shortcodes 33340 and 32996, which are both owned by Macro Kiosk.


SOURCE: Screenshots September 25 (Click the JPG to launch larger image)
SOURCE: Screenshots September 26 (Click the JPG to launch larger image)

From official records maintained by MCMC, Macro Kiosk had been faulted for repeated cases of non-compliance of industry guidelines involving multiple shortcodes, but were let off the hook by MCMC with light fines.

3 QUSTIONS FOR HALIM SHAFIE. In anticipation of the forthcoming Commissioner Meeting this Thursday, Screenshots has three simple questions for Halim Shafie to answer:

  1. Will repeat offenders who scammed on unassuming be penaliised in accordance to the law?

  2. Will these licensees be de-registered from the Register of Licensees, meaning having their licenses revoked?

  3. Now that the MPG is installed and operation, with the mobile users transaction data ported over, will scammed mobile users be refunded across the board, dating to seven years prior?

So, again, we are asking Dr Halim: Who are you protecting? The rogue players or the consumers?

October 02, 2007

Intrusion detected on Screenshots server

There was an abnormal 14 times surge in server activity last night. A preliminary review of the server logs indicates some challenge on the security level of the machine, and origins of the intruders.

The Webmaster is putting in extra surveillance to figure out the entire picture and potential eventualities. Please accept our apologies if you experience difficulties in accessing this blog.

On a separate note, Screenshots will go on exposing the SMS Scam as, until and unless the repeat offenders who scammed on consumers get their licenses de-registered, I am not through with it yet.

David Sasaki in town (to tell how countries engage blogging)

My friend David Sasaki is in town. This is his third trip to Malaysia.

As the head of Rising Voices, an offshoot of Global Voices, David has travelled in troubled timezones like Colombia, Bolivia, Venezuela, Kenya, Bangladesh, Thailand and recently, Cambodia.

ALL-BLOGS had invited him to tell us how governments around the world are engaging blogs and bloggers.

'The world is talking; Are you listening?'

I was thralled to learn from him that, when Cambodian bloggers got together to host a blogger conference in August, the national ISP (Internet Service Provider owned by the government) sponsored the event and underwrote some of the costs. Apparently, Hun Sen is pleased with having bloggers as a symbol of the emerging middle-class in Cambodia, though Internet bandwidth is substandard by Streamyx's standard.

Let me shock you further, folks. Guess who's the most famous blogger in Cambodia? Prince Norodom Sihanouk, the former king!

David also told me that Indonesian bloggers will host their Pesta Blogger Indonesia 2007 on October 27. The key sponsors are Nokia and Microsoft, while Malaysian bloggers will, at the very least, be represented by Unspun. But the most exciting news is that the conference will be opened by the Indonesian ICT minister!

Impressively, two South East Asian bloggers I nominated as representatives for the GVO Summit in 2005 are now man of their own. ThaRum is now the livewire for the Cambodian blogosphere, while Enda Nasution is now regarded as the Grandfather of Blogs in Indonesia.

MEET DAVID IN PERSON

David will speak at the ALL-BLOGS Forum this October 3, themed: "Blogs & Digital Democracy".

I understand that ALL-BLOGS president Ahirudin Attan (Rocky) is still trying to convince ZAM through the ministerial aides to attend the event. The last I check Rocky is still trying, and trying hard.

Seats are being snapped up. Those few who have yet to RSVP please respond by 5.30pm today or we will release them to those on the wait list.

Pacific and Atlantic Rings of Screenshots

I ran this free application called ClustrMaps for one week, starting September 24, and it begins to show where Screenshots readers are coming from, geographically.

ClustrMaps_071001.gif

I could see lots of red dots from both sides of the Pacific Rim, both sides of the Atlantic, both sides of the South China Sea, and some enlarging ones in the progressive Gulf States of Arabia.

It certainly is telling me something interesting. For example, I blog in English, but Screenshots has yet to gain significant exposure in Hispanic Latin America, the entire African continent, the bloc of Eastern Europe and Russia, and Francophone Canada. Can this be taken that English is really not the lingua franca for Internet as language barrier is immense?

Perhaps, just perhaps, it is also suggesting that many Malaysians migrated or currently domicile overseas are logging in to obtain updates about their motherland? If that's true, then the Malaysian diaspora must be a growing story we can't dismiss.

( And I am still wondering who could be reading me so consistently from the Australian outback, Uluru or Alice Springs? )

As I didn't opt for a paid version, the app restricted the traffic count to 2,500 unique visitors per day, which is roughly about 20% of my average weekday traffic. This means what was captured is just a distorted snapshot of Screenshots' global readers fabrics

I reckon the analysis is computed around 09:00hr GMT on a daily basis.

Celcom: Eraser's erasure in prepaid billing?

Starting yesterday prepaid mobile phone users must be allowed to access their itemised billing statements online by logging on to the respective telecommunication companies' (telco) websites.

It was the MCMC which has set October 1 as the deadline for all telcos to comply with the new ruling, said Bernama.

However, a Screenshots reader alerted this blogger that he was "horrified" when he checked on his wife's Celcom prepaid online itemised billing "details" yesterday. Quote:

No problem in registering for online itemised bill checking, but details showed nothing about call history, except those for today (October).

Celcom-Prepaid_all-2007x600.jpg
1 ITEM... Return on search for dates ranging January 1 through September 30, 2007


Celcom-Prepaid_all-datesx60.jpg
1 ITEM... Return on search for all available history excluding records on search day

To view details, please click on the JPGs to launch larger images.

For the record, DiGi started to provide online viewing of prepaid usage since April 27, 2004, while maxis started their over three years later on September 26, 2007.

By not allowing prepaid customers to access usage records prior to October 1, this effectively means that all victims of SMS Scams exposed since mid 2006 are denied their rights to ask for reinstatement of stolen credit.

Mark it as a practice condoned by MCMC -- yet another Eraser Erasure.

Eraser, erasure

Screenshots commenter Neil observed this in Increasing Disquiet:

Immigration records of Mongolians' entries -- GONE;

Mindef records of naval vessels contract -- VAMOOSHED;

MPPJ minutes -- CHANGED.

Jason Bourne won't stand a chance in this country.

Theme of the 50th Merdeka: Malaysiaku Gemilang.

October 01, 2007

(Increasing) Disquet on Lingam Tape

At the end of the Walk for Justice, the Bar Council submitted a memorandum urging the government to set up a Royal Commission of Inquiry to probe the state of judiciary consequent to the expose of the Lingam Tape.

Besides, the Council has also submitted a second memo on the establishment of a judicial appointments and promotion commission.

However, the Abdullah Administration is insisting on first confirming the authenticity of (the duplicate copy of) the Lingam Tape, and making no commitments towards the setting up of a Royal Commission for the purpose.

Is the government trying to borrow time and to wait out the storm, hoping that it will soon blow over?

To some members of the legal profession, Royal Commission is not the way to go.

Rather, it's the ONLY way to go.

The Appropriate Mandate. Lawyer-blogger Malik Imtiaz Sarwar explains the investigative powers and the mandate of the Haidar Panel of Inquiry, and the implications and ramifications associated to them in the legal process.

Imtiaz questions whether there would be semblance of independence or interference of the Panel at work, and explores the possibility for an appropriate mandate to achieve the desired outcome that all citizens aspire to see.

He concludes that such appropriate mandate can only exist in a Royal Commission.

Looking at the current lethargy at the Abdullah Administration -- just a Panel of Inquiry to authenticate the Tape, not to stamp the rot in Judiciary -- I shall concur by urging you to take part in the People’s Parliament Petition to the Yang Dipertuan Agong.

The petition is structured to address the matters above. Please sign up if you have not done so already. Every signature counts.

The Judges say YES! Already, three retired judges of the Court of Appeal namely Datuk K.C. Vohrah, Datuk Shaik Daud and Datuk V.C. George, are all in support of the call by the Bar for a Royal Commission to probe into the Lingam video scandal as well as the establishment of an independent commission for the appointment of judges.

For context, read Shaila Koshy's interview, 'Weighing State Of The Judiciary'.

MCMC & SMS Scam: Oktoberfest is here?

Today is October 1. It marks the start of the last quarter for 2007.

It also means the time for a game of musical chairs at the Malaysian Communications and Multimedia Commission (MCMC) and the individual licensees on its Register.

CHANGING FACES. Effective today, Amarjit Singh a/l Kartha Singh, Under Secretary at the Licensing & Regulatory Division, Ministry of Energy, Water and Communications (KTAK) will be transferred to head the Content, Consumer and Network Security Division at MCMC.

Incumbent Mohd Ali Hanafiah, who was the key officer tasked to grapple with the SMS Scam scandals involving several subscription-based external content providers, will now occupy a newly created position.

COMMISSIONERS' MEETING. October 4, board members of the MCMC shall convene to deliberate on regulatory issues affecting the industry.

Members of MCMC, led by chairman Dr Halim Shafie, are:

  1. Dr Halim Man (Secretary-General at KTAK),

  2. Dr Gan Khuan Poh (a retired director at EPU, Prime Minister's Department),

  3. Raja Arshad Raja Tun Uda (an accountant and formerly executive chairman of PriceWaterhouseCoopers Malaysia),

  4. C. Rajandram (executive deputy chairman of Rating Agency Malaysia),

  5. Mohamed Sharil Mohamed Tarmizi (executive director at BinaFikir who is a former MCMC official now appointed a representative of the government in ICANN as the Chairman of the Government Advisory Committee (GAC), and

  6. Abdul Hanan Alang Endut, Secretary General of the Ministry of Science, Technology and Innovation.

The MCMC shares an advisor in businessman Zaki Azmi, an Umno insider who made history to become the first lawyer to be appointed directly to the Federal Court.

It is, however, not known if this Ramadan, the MCMC Commissioners shall deal with the SMS Scam scandal with a bold broad stroke, or make it an Oktoberfest with Halim Shafie doing the tap-dancing.

ITEMISED BILL STATEMENT FOR PREPAID USERS. From today, it is an offence for all celcos not to provide the itemised bill statement for prepaid mobile service, who constitute about 90% of the entire mobile user population in Malaysia.

All celcos have opted for an online service to enable prepaid users to check their itemised usage and billing. Industry insiders say a prepaid user's transaction records should date back to at least seven years prior to the current date.

To all prepaid users of Maxis, Celcom and DiGi, should you have difficulties in logging in to check your mobile usage and billing, please alert me and I will help you to get to the right party at the MCMC to rectify. There is no excuse for the celcos to violate their licensing condition from today onwards.

MAXIS PREVENTIVE GATEWAY (MPG). The is what an MCMC insider touted as "a platform to ensure automatic compliance to the Guideline for Mobile Content Service".

Called the Maxis Preventive Gateway (MPG), this mechanism is to be completed by end September 2007.

However, people who remember what Shukor Rosli said before are suspecting the true identity of the vendor of MPG that Maxis commissioned. Documents viewed by Screenshots revealed some interesting information about the relationship. The information will be released at the appropriate time, subject to how the Oktoberfest fans out.

Meanwhile, Screenshots is currently awaiting feedback on the performance of the MPG from the celcos' external content partners.

MAXIS SPAM PROTECTION (sic). September 17, Maxis chief operating officer Jon Eddy Abdullah was quoted by Bernama Business as saying that the platform was designed to block unsolicited short messaging services (SMS) -- such as spam and spoof SMS -- from reaching the operator's postpaid and prepaid customer base.

However, MCMC sources swiftly clarified that on September 18 that this was not to be confused with the Maxis Preventive Gateway (MPG) that officially came into effective implementation as of yesterday.

In a related development, Maxis took up a full-page advertisement in The Star (September 22, Page N5) to declare that Maxis mobile users will be spam-proof.

SMS_MaxisAd)070922S_500v.jpg
Click JPG to launch larger image

MACRO KIOSK ROMPS AGAIN! Soon after the Maxis ad appeared in The Star, Screenshots was alerted to two cases of fresh complaints against unsolicited SMS, using shortcodes 33340 and 32996, which are both owned by Macro Kiosk.


SOURCE: Screenshots September 25 (Click the JPG to launch larger image)
SOURCE: Screenshots September 26 (Click the JPG to launch larger image)

From official records maintained by MCMC, Macro Kiosk had been faulted for repeated cases of non-compliance of industry guidelines involving multiple shortcodes, but were let off the hook by MCMC with light fines.

3 QUSTIONS FOR HALIM SHAFIE. In anticipation of the forthcoming Commissioner Meeting this Thursday, Screenshots has three simple questions for Halim Shafie to answer:

  1. Will repeat offenders who scammed on unassuming be penaliised in accordance to the law?

  2. Will these licensees be de-registered from the Register of Licensees, meaning having their licenses revoked?

  3. Now that the MPG is installed and operation, with the mobile users transaction data ported over, will scammed mobile users be refunded across the board, dating to seven years prior?

CONSUMER COMPLAINTS AGAINST MAXIS - MACRO KIOSK. Meanwhile, two separate testimonies from the victims of Scams involving Macro Kiosk shortcodes are published as follows. We are going through institutionalised channels to seek MCMC to open up investigating papers on the cases cited.

Screenshots will contact the National Centre of Consumer Complaints (NCCC) to check on the outcome of MCMC investigation over another issued by Screenshots reader LimCH, involving his difficulty in getting his "opt out" command processed as he desired.

Stay tuned for a YouTube on Halim Shafie's commitment to the SMS Scam issue in the days ahead.

Complaint of unsolicited SMS involving shortcode 33340 owned by Macro Kiosk

from Victim of Shortcode 33340 to jeffooi.screenshots@gmail.com date Sep 24, 2007 5:57 PM subject How many more.... Dear Jeff,

I have had my issues with maxis, there was even a point where my online bill paymnet was wrongly credited into someone else's account.

But nevermind that, i noticed last month that i was being charged for smses i received without me subscribing to the said service. After speaking to 4 customer care consultants in maxis, i was finally given a rebate for the amount i was charged, which was RM17.50@Rm2.50 per sms!!! I received 7 smses that month.

Even though i was told that the 5 digit number from which these smses were sent would be barred from my HP number, i have continued to receive these smses...and to my horror in my bill this month i was charged RM20.00 for smses from an 'external service provider'. I received. I was even adviced to sms the word STOP to the 5 digit number but my concern is why should i pay for a service and end it if i did not even subscribe to it in the beginning.

The company involved is Macro Kiosk SMS. i state again that i have NEVER subscribed to their services.

What shockes me is that even with all the highlights given to these operations of daylight robbery by this companies, the MCMC has done nothing except fine them a very small amount by their standars.

i am more concerned about the thousands of people who pay their bill without checking or just swipe their credit cards every month without realising that they are being robbed.....people like my parents.

I hope you can highlight this issue and please keep up the good work......you are an important part in the institution of change this country severly needs.God Bless.

P/S - i have attched a copy oy the statent for your perusal.


Complaint of unsolicited SMS involving shortcode 33996 owned by Macro Kiosk

from: from Victim of Shortcode 33996
to jeffooi.screenshots@gmail.com
date Sep 26, 2007 1:19 AM
subject I want my money back!!!

Hello Jeff,

I have been following your blogs as often as I can, especially on the macro kiosk spam.

Little did I know, I was a victim too. After reading your previous blogs of these spam months ago, I started looking at my maxis online bills. I couldn’t find any macro kiosk listed in my bill then. So, I thought I was safe.

However, a while ago, after reading your latest blog, I went to dig deeper into my bill, and to my horror, I have been paying for this spam at least since March this year. A total of RM116.50!!!

So, how come I have been so “foolish”, you might ask? I missed out this scam because it was listed in my supplementary line used by my dad. I didn’t go in to check all his activities especially his sms bills. He is sms illiterate. If I were to show you the bill, you can see that in a month, he only made one or two sms. That also made by myself on behalf of him to his friends. It is anyone guess, on how he falls for this scam.

My guess is that maxis is the real culprit behind all these, or at least play a major part. It may have started when they introduced the online billing a while ago. To me, for any kind of service, where you are paying for it, such as credit card, phone bill, utility bills etc, there must be a hardcopy bill to show you how much you have to pay, and what you are paying for. In maxis case, if you want the hard copy, you’ll have to pay RM5. I am sure not all phone users are also PC users (my dad as an example). So, how are they going to know how much to pay?

Even if you are a PC user, how many actually go to check their online bill regularly. Especially, if you are auto pay with CC, like myself.

Enclosed in my bills from apr-sept 2007. Please contact me if you need more information.

Thanks.
Regards,
(Name)

PS- how to get my money back?