To all friends and readers,
Wishing you a HAPPY NEW YEAR and may you have a prosperous year in 2010.
Best Regards,
Tan Keng Liang
31 December, 2009
29 December, 2009
GOVERNMENT NEED TO RESTUDY THE ROLE & DUTIES OF AUDITOR GENERAL AFTER UNREPORTED MISSING JET ENGINES INCIDENT
I refer to my recent statement requesting the Auditor General to explain why the irregularities involving the two (2) missing jet engines were not highlighted in the Auditor General’s Annual Report in year 2007 or even 2008, notwithstanding a police report was alleged being lodged.
It was recently reported that Tan Sri Ambrin Buang, the Auditor General replied that the National Audit Department had yet to receive a report about the engine. He was further reported as saying that:-
1. in a case of theft of government assets, a police report must be made and a copy of the police report must be lodged with the National Audit Department.
2. the National Audit Department did not audit the air force inventory because there was no report requiring it to do so. An audit is done on a particular case if there is a specific need for it.
Firstly, it should be the responsibility of the National Audit Department to ascertain whether there is any police report filed for any theft of government assets. The National Audit Department cannot just rely on the ministries to forward such police reports to them. There must proactive steps taken by the National Audit Department, such as requiring an annual statutory declaration by the respective ministries that there is no police reports filed for any theft or misappropriation of government assets.
Secondly, the reported statement that the National Audit Department did not audit the air force inventory because there was no report requiring it to do so is TOTALLY UNACCEPTABLE.
Under Section 5(1) of the Audit Act 1957, the Auditor General shall in such manner as he may deem fit examine, enquire into and audit the accounts of accounting officers of the Federation.
Under Section 9(1) of the Audit Act, the Minister shall, as soon as a statement required under section 16 of the Financial Procedure Act 1957 (which includes statement of the assets and liabilities of the Federation, including the manner in which the assets are held), has been prepared, transmit the statement to the Auditor General who shall forthwith cause the statement to be examined and audited and prepare his report thereon.
Section 9 (2) of the Audit Act further states that in the event of any such statement not being received within a period of (7) seven months after the close of the financial year to which it relates, the Auditor General shall submit a report to that effect to the Yang di-Pertuan Agong who shall cause it to be laid before the Dewan Rakyat at its next meeting.
Based on the aforesaid, the Auditor General should have alerted the Parliament in accordance to Section 9(2) of the Audit Act in the event the Ministry of Defence had excluded the assets or inventory list of the Royal Malaysia Air Force (RMAF).
Further to that, the assets of the RMAF are certainly part of the assets of our country.
Thus, the Auditor General should have audited the RMAF’s inventories or demand a copy of the RMAF’s inventory list (if it was not given to them) whether or not there is a report requiring it to do so or just for any specific reason.
If there is no requirement for the Auditor General to automatically audit the assets of the RMAF or any other departments of various ministries in our country, then I believe the purpose of establishing the Auditor General under Article 105 of the Federal Constitution is defeated.
It is now important for the Auditor General to explain and confirm whether the National Audit Department had complied with their duties under the Federal Constitution as well as the Audit Act 1957.
The non-reporting of the incident surrounding the missing RMAF jet engines in any of the Auditor General’s Annual Report, including the unsatisfactory reply from the Auditor General may need the government to seriously restudy the role and duties of the Auditor General under the Federal Constitution as well as the Audit Act 1957.
It was recently reported that Tan Sri Ambrin Buang, the Auditor General replied that the National Audit Department had yet to receive a report about the engine. He was further reported as saying that:-
1. in a case of theft of government assets, a police report must be made and a copy of the police report must be lodged with the National Audit Department.
2. the National Audit Department did not audit the air force inventory because there was no report requiring it to do so. An audit is done on a particular case if there is a specific need for it.
Firstly, it should be the responsibility of the National Audit Department to ascertain whether there is any police report filed for any theft of government assets. The National Audit Department cannot just rely on the ministries to forward such police reports to them. There must proactive steps taken by the National Audit Department, such as requiring an annual statutory declaration by the respective ministries that there is no police reports filed for any theft or misappropriation of government assets.
Secondly, the reported statement that the National Audit Department did not audit the air force inventory because there was no report requiring it to do so is TOTALLY UNACCEPTABLE.
Under Section 5(1) of the Audit Act 1957, the Auditor General shall in such manner as he may deem fit examine, enquire into and audit the accounts of accounting officers of the Federation.
Under Section 9(1) of the Audit Act, the Minister shall, as soon as a statement required under section 16 of the Financial Procedure Act 1957 (which includes statement of the assets and liabilities of the Federation, including the manner in which the assets are held), has been prepared, transmit the statement to the Auditor General who shall forthwith cause the statement to be examined and audited and prepare his report thereon.
Section 9 (2) of the Audit Act further states that in the event of any such statement not being received within a period of (7) seven months after the close of the financial year to which it relates, the Auditor General shall submit a report to that effect to the Yang di-Pertuan Agong who shall cause it to be laid before the Dewan Rakyat at its next meeting.
Based on the aforesaid, the Auditor General should have alerted the Parliament in accordance to Section 9(2) of the Audit Act in the event the Ministry of Defence had excluded the assets or inventory list of the Royal Malaysia Air Force (RMAF).
Further to that, the assets of the RMAF are certainly part of the assets of our country.
Thus, the Auditor General should have audited the RMAF’s inventories or demand a copy of the RMAF’s inventory list (if it was not given to them) whether or not there is a report requiring it to do so or just for any specific reason.
If there is no requirement for the Auditor General to automatically audit the assets of the RMAF or any other departments of various ministries in our country, then I believe the purpose of establishing the Auditor General under Article 105 of the Federal Constitution is defeated.
It is now important for the Auditor General to explain and confirm whether the National Audit Department had complied with their duties under the Federal Constitution as well as the Audit Act 1957.
The non-reporting of the incident surrounding the missing RMAF jet engines in any of the Auditor General’s Annual Report, including the unsatisfactory reply from the Auditor General may need the government to seriously restudy the role and duties of the Auditor General under the Federal Constitution as well as the Audit Act 1957.
23 December, 2009
AUDITOR GENERAL MUST EXPLAIN WHY 2 MISSING JET ENGINE INCIDENT NOT IN ANNUAL REPORT
I refer to the recent controversy involving the theft of two (2) Royal Malaysian Air Force (RMAF) fighter jet engines, which costs approximately RM50 million each if they were new.
The said theft of the RMAF fighter jet engines was alleged to have been committed somewhere in the year 2007.
Besides the said RMAF fighter jet engines, the Ministry of Defence was also reported yesterday as stating that there may be other related equipments missing.
To date, the Ministry of Defence and our Prime Minister, Dato Seri Najib Tun Razak had pledged that full investigation would be conducted on that matter and the appropriate legal action would be taken against the perpetrators, who were labeled as traitors to our country.
No doubt, the theft of national defence assets, irrespective of its value, amounts to an act of treason. These national defence assets are purchased to defend our country and financed by the people’s money.
However, it is suprising as to why the disappearance and theft of such large national defence assets were not highlighted in the Auditor General’s Annual Report for the year 2007 or even 2008. This incident had occurred in the year 2007 and the Ministry of Defence had also filed a police report on that matter in the same year, which would have alerted any auditing of the ministry’s assets.
Under Section 6(ba) of the Audit Act 1957, the nature of audit of the Auditor General includes examining whether due care has been taken to account for and to ensure proper use, control, maintenance and disposal of all public chattels and property of any such authority.
Section 9(5) of the Act provides that the Auditor General may in any report submitted in accordance with Article 107 (1) of the Federal Constitution (commonly known as the Auditor General’s Annual Report) make recommendations and may generally comment upon all matters relating to public chattels and property of any such authority.
In view of the nature of the disappearance of the large defence assets, the Auditor General should have made known these irregularities in its Annual Report, which are of public interest.
The Auditor General must explain why such irregularities involving large national defence assets and of public interest were not highlighted in the Auditor General’s Annual Report.
The government also should take steps to ensure that the Auditor General highlights any future irregular loss of national assets in the Auditor General’s Annual Report.
The said theft of the RMAF fighter jet engines was alleged to have been committed somewhere in the year 2007.
Besides the said RMAF fighter jet engines, the Ministry of Defence was also reported yesterday as stating that there may be other related equipments missing.
To date, the Ministry of Defence and our Prime Minister, Dato Seri Najib Tun Razak had pledged that full investigation would be conducted on that matter and the appropriate legal action would be taken against the perpetrators, who were labeled as traitors to our country.
No doubt, the theft of national defence assets, irrespective of its value, amounts to an act of treason. These national defence assets are purchased to defend our country and financed by the people’s money.
However, it is suprising as to why the disappearance and theft of such large national defence assets were not highlighted in the Auditor General’s Annual Report for the year 2007 or even 2008. This incident had occurred in the year 2007 and the Ministry of Defence had also filed a police report on that matter in the same year, which would have alerted any auditing of the ministry’s assets.
Under Section 6(ba) of the Audit Act 1957, the nature of audit of the Auditor General includes examining whether due care has been taken to account for and to ensure proper use, control, maintenance and disposal of all public chattels and property of any such authority.
Section 9(5) of the Act provides that the Auditor General may in any report submitted in accordance with Article 107 (1) of the Federal Constitution (commonly known as the Auditor General’s Annual Report) make recommendations and may generally comment upon all matters relating to public chattels and property of any such authority.
In view of the nature of the disappearance of the large defence assets, the Auditor General should have made known these irregularities in its Annual Report, which are of public interest.
The Auditor General must explain why such irregularities involving large national defence assets and of public interest were not highlighted in the Auditor General’s Annual Report.
The government also should take steps to ensure that the Auditor General highlights any future irregular loss of national assets in the Auditor General’s Annual Report.
19 December, 2009
IMPLEMENT PAKATAN COMMON POLICIES IN PAKATAN STATES FIRST, IF SINCERE
I refer to the Common Policy Framework declared at the Pakatan Rakyat Convention today.
Although Pakatan Rakyat had failed to state their position clearly in some critical issues, such as the creation of an Islamic country and the implementation of the Hudud law as dreamed by PAS, I salute several policies and reforms declared by Pakatan Rakyat today in particular those involving abolishment of race based policies.
Obviously, it is easy to declare some well stated policies or reforms, but sincerity in their implementation is totally a different thing.
As such, if Pakatan Rakyat is sincere in implementing those Common Policy Framework as declared today, the leaders of Pakatan Rakyat should immediately implement those policies and reforms that are within their control at the Pakatan Rakyat states, being Kedah, Penang, Selangor and Kelantan.
This would include implementing the following in Pakatan Rakyat states based on the Pakatan Rakyat’s Common Policy Framework:-
1. Affirmative action policies based on needs and not race (on economic & education assistance)- Abolishment of all forms of bumiputra quotas & requirements in Pakatan Rakyat states involving:-
(i) housing & commercial development
(ii) award of state government contracts
(iii) state funded financial assistance to entrepreneurs
(iv) award of state funded education scholarship
(v) entrance in college or universities funded by these states
(vi) employment opportunities in state government and local authorities
2. Democratic & Transparent Economy (in reforming tender system, renegotiate unfair concensions and reject burdening tax schemes)
- ensuring all awards of contract in Pakatan Rakyat states are done through open tender system. All previous awards of contract by the Pakatan Rakyat states not done through open tender should be immediately disclosed and reviewed by the state government for transparency.
- abolishing quit rent and housing assessment (“cukai pintu” & “cukai tanah”) in Pakatan Rakyat states for low cost houses/ flats and agricultural land less than 50 acres as thoses taxes are burden to the poor and the small planters & farmers
- substantial reduction of other quit rent and assessment (“cukai pintu” & “cukai tanah”) in Pakatan Rakyat states for all types of properties, in particular those burdening the poor and middle income people as well as the Small & Medium Enterprises (SME).
3. Environment (in controlling deforestation, restricting development at hill-slopes)- Immediately cancelling and stop of all logging and timber concession awards in all Pakatan Rakyat states, in particular in Kedah (Ulu Muda Forest) and Kelantan.
- Immediately stop all development at hill-slopes at Pakatan Rakyat states
There are no reasonable grounds for Pakatan Rakyat to refuse to immediately implement their Common Policy Framework (as declared today) on matters which are within their control in their own controlled states.
Thus, if Pakatan Rakyat fails to implement all these policies and reforms, as stated above, within one (1) month in all their Pakatan Rakyat states, then the sincerity of Pakatan Rakyat would be questionable in implementing their Common Policy Framework should they take over the Federal government, if ever.
Although Pakatan Rakyat had failed to state their position clearly in some critical issues, such as the creation of an Islamic country and the implementation of the Hudud law as dreamed by PAS, I salute several policies and reforms declared by Pakatan Rakyat today in particular those involving abolishment of race based policies.
Obviously, it is easy to declare some well stated policies or reforms, but sincerity in their implementation is totally a different thing.
As such, if Pakatan Rakyat is sincere in implementing those Common Policy Framework as declared today, the leaders of Pakatan Rakyat should immediately implement those policies and reforms that are within their control at the Pakatan Rakyat states, being Kedah, Penang, Selangor and Kelantan.
This would include implementing the following in Pakatan Rakyat states based on the Pakatan Rakyat’s Common Policy Framework:-
1. Affirmative action policies based on needs and not race (on economic & education assistance)- Abolishment of all forms of bumiputra quotas & requirements in Pakatan Rakyat states involving:-
(i) housing & commercial development
(ii) award of state government contracts
(iii) state funded financial assistance to entrepreneurs
(iv) award of state funded education scholarship
(v) entrance in college or universities funded by these states
(vi) employment opportunities in state government and local authorities
2. Democratic & Transparent Economy (in reforming tender system, renegotiate unfair concensions and reject burdening tax schemes)
- ensuring all awards of contract in Pakatan Rakyat states are done through open tender system. All previous awards of contract by the Pakatan Rakyat states not done through open tender should be immediately disclosed and reviewed by the state government for transparency.
- abolishing quit rent and housing assessment (“cukai pintu” & “cukai tanah”) in Pakatan Rakyat states for low cost houses/ flats and agricultural land less than 50 acres as thoses taxes are burden to the poor and the small planters & farmers
- substantial reduction of other quit rent and assessment (“cukai pintu” & “cukai tanah”) in Pakatan Rakyat states for all types of properties, in particular those burdening the poor and middle income people as well as the Small & Medium Enterprises (SME).
3. Environment (in controlling deforestation, restricting development at hill-slopes)- Immediately cancelling and stop of all logging and timber concession awards in all Pakatan Rakyat states, in particular in Kedah (Ulu Muda Forest) and Kelantan.
- Immediately stop all development at hill-slopes at Pakatan Rakyat states
There are no reasonable grounds for Pakatan Rakyat to refuse to immediately implement their Common Policy Framework (as declared today) on matters which are within their control in their own controlled states.
Thus, if Pakatan Rakyat fails to implement all these policies and reforms, as stated above, within one (1) month in all their Pakatan Rakyat states, then the sincerity of Pakatan Rakyat would be questionable in implementing their Common Policy Framework should they take over the Federal government, if ever.
16 December, 2009
Consider Legislating Proxy Votings For Parliament
I refer to the incident in Parliament yesterday, whereby substantial members of Parliament failed to turn up for an important debate and voting of the national 2010 Budget. As a result, the national 2010 Budget was passed by a thin majority of 66-63 in favour of the national 2010 Budget.
However, the pertinent issue in the incident is not the thin majority of just 3 votes. It is the number of absentees of members of Parliament that is mind boggling, from both Barisan Nasional and Pakatan Rakyat.
On record, there are only 129 members out of the whole 222 members of Parliament who attended the debate and voting of the national 2010 Budget. That’s only about 58% attendance for the debate and voting of an important issue, being the national 2010 Budget.
It is disappointing, as a Malaysian, to see 42% of our representatives in the Parliament failed to attend for the debate and voting of the national 2010 Budget. So, does the voting yesterday really represent the votes and views of all Malaysian representatives around the country? Or does it just represent the votes and views of only those representatives that attended the sitting yesterday?
This should be an “eye opener” for Malaysians to see how they are represented in the Parliament.
It is a known practice around the world that it may not always be possible for all Members of Parliament to attend Parliament sittings all the time due to their hectic schedules, in particular those holding important government positions.
There are even some absentees in yesterday Parliament sittings, who are holding the position of members of state assembly as well as in the Parliament. Although it is permitted under the Federal Constitution, it is now questionable whether a person holding positions in both the state assembly and Parliament would be able to effectively fulfill their Parliamentarian obligations.
Member of Parliament are actually voted by their respective constituencies and paid by the taxpayers to attend and represent them in the Parliament sittings, no matter how trivial the matter that would be tabled in the sitting. Their failure to attend Parliament sittings would amount to failure to fulfill their obligations, even in situations where there are genuine reasons to serve the people elsewhere, fulfilling duties of national interest or even on medical leave.
Thus, it may be time for our Parliament to consider legislating and implementing “proxy votings” in our Parliament i.e. members of Parliament are entitled to appoint an alternate person to vote on his behalf in Parliament when there is genuine reason for absence. The members of Parliament shall be responsible for the conduct and votes of their respective proxies in Parliament.
This is to ensure that the Parliament actually represents the votes and views of all Malaysians’ representatives in their respective constituencies, instead of just the votes and views of those who attended the sittings.
However, the pertinent issue in the incident is not the thin majority of just 3 votes. It is the number of absentees of members of Parliament that is mind boggling, from both Barisan Nasional and Pakatan Rakyat.
On record, there are only 129 members out of the whole 222 members of Parliament who attended the debate and voting of the national 2010 Budget. That’s only about 58% attendance for the debate and voting of an important issue, being the national 2010 Budget.
It is disappointing, as a Malaysian, to see 42% of our representatives in the Parliament failed to attend for the debate and voting of the national 2010 Budget. So, does the voting yesterday really represent the votes and views of all Malaysian representatives around the country? Or does it just represent the votes and views of only those representatives that attended the sitting yesterday?
This should be an “eye opener” for Malaysians to see how they are represented in the Parliament.
It is a known practice around the world that it may not always be possible for all Members of Parliament to attend Parliament sittings all the time due to their hectic schedules, in particular those holding important government positions.
There are even some absentees in yesterday Parliament sittings, who are holding the position of members of state assembly as well as in the Parliament. Although it is permitted under the Federal Constitution, it is now questionable whether a person holding positions in both the state assembly and Parliament would be able to effectively fulfill their Parliamentarian obligations.
Member of Parliament are actually voted by their respective constituencies and paid by the taxpayers to attend and represent them in the Parliament sittings, no matter how trivial the matter that would be tabled in the sitting. Their failure to attend Parliament sittings would amount to failure to fulfill their obligations, even in situations where there are genuine reasons to serve the people elsewhere, fulfilling duties of national interest or even on medical leave.
Thus, it may be time for our Parliament to consider legislating and implementing “proxy votings” in our Parliament i.e. members of Parliament are entitled to appoint an alternate person to vote on his behalf in Parliament when there is genuine reason for absence. The members of Parliament shall be responsible for the conduct and votes of their respective proxies in Parliament.
This is to ensure that the Parliament actually represents the votes and views of all Malaysians’ representatives in their respective constituencies, instead of just the votes and views of those who attended the sittings.
13 December, 2009
MAJORITY OF NON-BUMIPUTERA MALAYSIANS ALSO CANNOT AFFORD PRIVATE UNIVERSITIES' FEES
I refer to the statement by Tun Dr Mahathir Mohamad that the opportunities given to Bumiputeras to enter public universities should not be disputed as a racist act that favours one race at the expense of the others. Our former Prime Minister was further reported to state that:-
1. the enrolment of bumiputeras in private institutions of higher learning (“private universities”) is low at only about 10% as the Bumiputeras could not afford the fees;
2. if we conduct a census of the number of students in private universities, there are more non-Bumiputera students in private universities. That's why the government gives attention and more places to Bumiputeras in public universities; and
3. the affirmative action policy of bringing Bumiputeras into the mainstream of development in the country was not something extreme because although they made up about 60 per cent of the population, the quota was only 30 per cent.
With due respect to our former Prime Minister, I would like to state that:-
1. majority of the non-bumiputeras Malaysian too cannot afford the fees of the private universities. A large number of non-bumiputeras Malaysian have to take out loans to enter private universities and subsequently, they have to repay the large education loan (due to the higher education fees in private universities) upon graduation by installments. This would be an extreme burden to the non-bumiputeras at a later part of their life. But what choice does these non-bumiputeras Malaysian have if they persist to further their education?
2. As the number of places for non-bumiputeras Malaysian in public universities are extremely limited, there are no other option for non-bumiputeras Malaysian who wishes to further their education in the country, except to enrol in local private universities. That’s the obvious and actual reason of the high rate of non-bumiputeras Malaysian in private universities.
On the contrary, it is cynical to state the existence of more non-bumiputeras Malaysian in private universities would be a good reason for the government to give attention and more places to Bumiputeras in public universities.
3. No doubt, Article 153 (8A) of the Federal Constitution permits the reservation of places for bumiputeras in public universities. However, I am doubtful of our former Prime Minister’s remarks that the bumiputera quota is only 30%, for the enrollment in public universities.
1. the enrolment of bumiputeras in private institutions of higher learning (“private universities”) is low at only about 10% as the Bumiputeras could not afford the fees;
2. if we conduct a census of the number of students in private universities, there are more non-Bumiputera students in private universities. That's why the government gives attention and more places to Bumiputeras in public universities; and
3. the affirmative action policy of bringing Bumiputeras into the mainstream of development in the country was not something extreme because although they made up about 60 per cent of the population, the quota was only 30 per cent.
With due respect to our former Prime Minister, I would like to state that:-
1. majority of the non-bumiputeras Malaysian too cannot afford the fees of the private universities. A large number of non-bumiputeras Malaysian have to take out loans to enter private universities and subsequently, they have to repay the large education loan (due to the higher education fees in private universities) upon graduation by installments. This would be an extreme burden to the non-bumiputeras at a later part of their life. But what choice does these non-bumiputeras Malaysian have if they persist to further their education?
2. As the number of places for non-bumiputeras Malaysian in public universities are extremely limited, there are no other option for non-bumiputeras Malaysian who wishes to further their education in the country, except to enrol in local private universities. That’s the obvious and actual reason of the high rate of non-bumiputeras Malaysian in private universities.
On the contrary, it is cynical to state the existence of more non-bumiputeras Malaysian in private universities would be a good reason for the government to give attention and more places to Bumiputeras in public universities.
3. No doubt, Article 153 (8A) of the Federal Constitution permits the reservation of places for bumiputeras in public universities. However, I am doubtful of our former Prime Minister’s remarks that the bumiputera quota is only 30%, for the enrollment in public universities.
09 December, 2009
Reply to Tan Sri Ramon Navaratnam Chairman of MACC Advisory Board - Disclose What Are Your So Called Long Term Plans
I refer to the statement by Tan Sri Ramon Navaratnam, Chairman of the Malaysian Anti-Corruption Commission (MACC) Advisory Board (Berita Harian on 8th December, 2009 - page 2) in relation to the proposals made by Kedah Gerakan Youth to improve MACC a few days ago. A copy of the full details of the proposal can be obtained at tankengliang.blogspot.com.
Amongst others, the Chairman of the MACC Advisory Board was reported as saying:-
1. there is no need for any political party to disturb or interfere with the investigation conducted by MACC as it will only destroy efforts to improve the MACC.
2. there is no need for anybody to give any instruction on what ought to do or not to do by MACC as the commission knows what is best to eradicate corruption.
3. the MACC Advisory Board was formed to supervise the progress of MACC and surely have a long term plan to be implemented.
As such, I would like to clarify and state as follows:-
1. I was merely making a proposal to MACC to improve the public perception of MACC on its role to eradicate corruption. It is unfortunate that my intention to give a suggestion to MACC is construed by the Chairman of the MACC Advisory Board as disturbing or interfering with the investigation conducted by MACC and destroying efforts to improve MACC.
2. I agree that MACC knows what is best to eradicate corruption. However, “knowing” and “doing” are completely two different things. The most recent example are the alleged corruption or misappropriation of funds highlighted in the Auditor General’s Annual Report. To date, no action had been taken against a large number of the reported alleged wrongdoers highlighted in the Auditor General’s Annual Report (since the formation of MACC). The failure of MACC to automatically scrutinize the Auditor General’s Annual Report had subsequently led to our Prime Minister Dato Seri Najib Tun Razak to form a Special Task Force led by Chief Secretary to the Government, Tan Sri Sidek Hassan to investigate the Auditor General’s Annual Report.
3. It is good that the MACC Advisory Board has a long term plan to improve the MACC. But Malaysian may not be that forgiving in granting more time to MACC to eradicate corruption.
Thus, I would like to request Tan Sri Ramon Navaratnam, Chairman of the MACC Advisory Board to disclose to Malaysians “What are the long term plans of MACC’s Advisory Board to improve MACC” and whether there is any timeline to implement such long term plan.
I believe that the MACC’s Advisory Board should be accountable to Malaysians on their long term plans for MACC, if any. Malaysians should know what are the so called “Long Term Plans”.
Amongst others, the Chairman of the MACC Advisory Board was reported as saying:-
1. there is no need for any political party to disturb or interfere with the investigation conducted by MACC as it will only destroy efforts to improve the MACC.
2. there is no need for anybody to give any instruction on what ought to do or not to do by MACC as the commission knows what is best to eradicate corruption.
3. the MACC Advisory Board was formed to supervise the progress of MACC and surely have a long term plan to be implemented.
As such, I would like to clarify and state as follows:-
1. I was merely making a proposal to MACC to improve the public perception of MACC on its role to eradicate corruption. It is unfortunate that my intention to give a suggestion to MACC is construed by the Chairman of the MACC Advisory Board as disturbing or interfering with the investigation conducted by MACC and destroying efforts to improve MACC.
2. I agree that MACC knows what is best to eradicate corruption. However, “knowing” and “doing” are completely two different things. The most recent example are the alleged corruption or misappropriation of funds highlighted in the Auditor General’s Annual Report. To date, no action had been taken against a large number of the reported alleged wrongdoers highlighted in the Auditor General’s Annual Report (since the formation of MACC). The failure of MACC to automatically scrutinize the Auditor General’s Annual Report had subsequently led to our Prime Minister Dato Seri Najib Tun Razak to form a Special Task Force led by Chief Secretary to the Government, Tan Sri Sidek Hassan to investigate the Auditor General’s Annual Report.
3. It is good that the MACC Advisory Board has a long term plan to improve the MACC. But Malaysian may not be that forgiving in granting more time to MACC to eradicate corruption.
Thus, I would like to request Tan Sri Ramon Navaratnam, Chairman of the MACC Advisory Board to disclose to Malaysians “What are the long term plans of MACC’s Advisory Board to improve MACC” and whether there is any timeline to implement such long term plan.
I believe that the MACC’s Advisory Board should be accountable to Malaysians on their long term plans for MACC, if any. Malaysians should know what are the so called “Long Term Plans”.
Performance of MACC, Including Setting Policies & Strategies, In Eradicating Corruption Are The Independent Responsibilities Of MACC
I refer to the statement (reported in Bernama 8-12-2009) by Malaysian Anti-Corruption Commission (MACC) soon to be chief commissioner Datuk Abu Kassim Mohammed who states that MACC is merely law enforcement agency and not policy makers. As such, he stated that the correct channel for Kedah Gerakan Youth to present any suggestion for improvement in MACC is through the government.
This was in relation to the suggestion earlier on the following:-
1. MACC should automatically investigate any form of corruption or misappropriation of funds highlighted in the Auditor General’s Annual Report. MACC would publish an annual report on the actions taken by MACC on the Auditor General’s Annual Report. To date, a large number of the reported alleged wrongdoers highlighted in the Auditor General’s Annual Report (since the formation of MACC) had not been charged and the government had failed to recover the misappropriated funds.
2. MACC should disclose in an annual report on how many of the reported cases per year that they have received and what are the actions that had been taken. For cases which MACC have decided no action to be taken or action failed to be taken after the lapse of six (6) months after receipt of the public complaints/ reports, MACC must list out the reason for their failure or reluctance to prosecute.
In this regards, I would like to highlight to Datuk Abu Kassim that under the new Malaysian Anti-Corruption Commission Act 2009:-
1. Section 13(2) of the Act provides that the Chief Commissioner of the MACC is automatically appointed in the Anti-Corruption Advisory Board (“Advisory Board”) as “ex-officio member”.
2. Section 13(5) of the Act further provides that the Advisory Board shall advise MACC on policies and strategies of the commission in its effort to eradicate corruption.
As such, under the new Act, the role of MACC shall not only be in the form of enforcement agency, but also having a role of setting policies & strategies in MACC through their Advisory Board to eradicate corruption. The existence of the Advisory Board is to provide more independence to MACC in setting policies & strategies and not depending on the government. Otherwise, the principal objective of the Malaysian Anti-Corruption Commission Act 2009 i.e. to create a “more independent” MACC in eradicating corruption is defeated.
Thus, I hope that Datuk Abu Kassim would be able to adhere to the independence of MACC from the government as provided under the Act upon taking over as the MACC’s Chief Commissioner. The performance of MACC, including setting of policies & strategies, in eradicating corruption in Malaysia are the responsibilities of MACC, independent from the government.
This was in relation to the suggestion earlier on the following:-
1. MACC should automatically investigate any form of corruption or misappropriation of funds highlighted in the Auditor General’s Annual Report. MACC would publish an annual report on the actions taken by MACC on the Auditor General’s Annual Report. To date, a large number of the reported alleged wrongdoers highlighted in the Auditor General’s Annual Report (since the formation of MACC) had not been charged and the government had failed to recover the misappropriated funds.
2. MACC should disclose in an annual report on how many of the reported cases per year that they have received and what are the actions that had been taken. For cases which MACC have decided no action to be taken or action failed to be taken after the lapse of six (6) months after receipt of the public complaints/ reports, MACC must list out the reason for their failure or reluctance to prosecute.
In this regards, I would like to highlight to Datuk Abu Kassim that under the new Malaysian Anti-Corruption Commission Act 2009:-
1. Section 13(2) of the Act provides that the Chief Commissioner of the MACC is automatically appointed in the Anti-Corruption Advisory Board (“Advisory Board”) as “ex-officio member”.
2. Section 13(5) of the Act further provides that the Advisory Board shall advise MACC on policies and strategies of the commission in its effort to eradicate corruption.
As such, under the new Act, the role of MACC shall not only be in the form of enforcement agency, but also having a role of setting policies & strategies in MACC through their Advisory Board to eradicate corruption. The existence of the Advisory Board is to provide more independence to MACC in setting policies & strategies and not depending on the government. Otherwise, the principal objective of the Malaysian Anti-Corruption Commission Act 2009 i.e. to create a “more independent” MACC in eradicating corruption is defeated.
Thus, I hope that Datuk Abu Kassim would be able to adhere to the independence of MACC from the government as provided under the Act upon taking over as the MACC’s Chief Commissioner. The performance of MACC, including setting of policies & strategies, in eradicating corruption in Malaysia are the responsibilities of MACC, independent from the government.
08 December, 2009
Part 2 (Letter to Minister of Finance II) - EXEMPTION OF SERVICE TAX FOR ONE PRINCIPAL CREDIT CARD & SUPPLEMENTARY CARD ISSUED TO SPOUSE & CHILDREN
I refer to the soon to be implemented RM50 service tax on every principal credit cards and RM25 service tax on supplementary cards as announced in the budget for year 2010.
Prior to this letter, I have actually issued a request to your Ministry to consider exempting the payment of RM50 service tax for one principal credit card for each Malaysian and exemption of the payment of RM25 service tax for supplementary card issued to spouse and children. A copy of the request had been forwarded to your ministry on 9th November, 2009 via fax only.
However, to date, I have yet to receive any response on the said proposal. As such, I am rewriting this request officially to Dato’ Seri for your due consideration as the dateline for the implementation of the service tax is approaching.
Firstly, I agree with the effort by the government under the leadership of Dato’ Seri Najib Tun Razak and Dato’ Seri’s Ministry to implement measures to encourage prudent financial management by Malaysians and to curb excessive borrowings via multi credit cards.
Undoubtedly, there are many Malaysians which abuse credit cards as a source of borrowings. However, there are also many Malaysians who genuinely use credit cards for:-
1. Cost Savings Transactions
Such cost saving transactions includes purchase of goods & services via internet (e.g. purchase of airline tickets & hotel reservations, payment of phone, electricity and other utility charges, subscription of online news portal, purchase of computer peripherals, etc); and
2. Reduction of Carriage of Physical Cash
The reduction of carriage of physical cash by many Malaysian is due to security factor, including avoiding theft of the physical cash.
3. Providing Emergency Funds for Family Members
This includes issuance of supplementary credit cards to spouse and children when the principal card holder is not around, such as when the children are studying away from home and for actual emergency events (e.g. when one of the family members is hospitalized away from home).
As such, the efforts by government to encourage prudent financial management and curb excessive borrowings via multi credit cards should not be seen as giving negative impact towards the growth of the e-commerce industry in Malaysia and penalizing current genuine credit cards user who don’t actually intend to use the credit cards as a source of borrowings.
Thus, I would like to propose for the government to consider allowing:-
1. exemption of the payment of RM50 service tax for one principal credit card for each Malaysian; and
2. exemption of the payment of RM25 service tax for supplementary card issued to spouse and children.
As the dateline for the implementation is just 3 weeks ahead, I hope that Dato’ Seri would be able to consider the aforesaid proposal at the soonest time.
I believe that any effort by the government to provide any relief to Malaysians to ease their financial burden would be greatly appreciated.
Thank you for your due consideration.
Prior to this letter, I have actually issued a request to your Ministry to consider exempting the payment of RM50 service tax for one principal credit card for each Malaysian and exemption of the payment of RM25 service tax for supplementary card issued to spouse and children. A copy of the request had been forwarded to your ministry on 9th November, 2009 via fax only.
However, to date, I have yet to receive any response on the said proposal. As such, I am rewriting this request officially to Dato’ Seri for your due consideration as the dateline for the implementation of the service tax is approaching.
Firstly, I agree with the effort by the government under the leadership of Dato’ Seri Najib Tun Razak and Dato’ Seri’s Ministry to implement measures to encourage prudent financial management by Malaysians and to curb excessive borrowings via multi credit cards.
Undoubtedly, there are many Malaysians which abuse credit cards as a source of borrowings. However, there are also many Malaysians who genuinely use credit cards for:-
1. Cost Savings Transactions
Such cost saving transactions includes purchase of goods & services via internet (e.g. purchase of airline tickets & hotel reservations, payment of phone, electricity and other utility charges, subscription of online news portal, purchase of computer peripherals, etc); and
2. Reduction of Carriage of Physical Cash
The reduction of carriage of physical cash by many Malaysian is due to security factor, including avoiding theft of the physical cash.
3. Providing Emergency Funds for Family Members
This includes issuance of supplementary credit cards to spouse and children when the principal card holder is not around, such as when the children are studying away from home and for actual emergency events (e.g. when one of the family members is hospitalized away from home).
As such, the efforts by government to encourage prudent financial management and curb excessive borrowings via multi credit cards should not be seen as giving negative impact towards the growth of the e-commerce industry in Malaysia and penalizing current genuine credit cards user who don’t actually intend to use the credit cards as a source of borrowings.
Thus, I would like to propose for the government to consider allowing:-
1. exemption of the payment of RM50 service tax for one principal credit card for each Malaysian; and
2. exemption of the payment of RM25 service tax for supplementary card issued to spouse and children.
As the dateline for the implementation is just 3 weeks ahead, I hope that Dato’ Seri would be able to consider the aforesaid proposal at the soonest time.
I believe that any effort by the government to provide any relief to Malaysians to ease their financial burden would be greatly appreciated.
Thank you for your due consideration.
07 December, 2009
Give Assurance That Deferment of 50% Bumi Quota Does Not Freeze “Malay Reserve Land” Swapping Application
I refer to the announcement by the PAS-led Kedah state government today to defer the implementation of the 50% bumi quota for housing development in Kedah involving swapped “Malay Reserve land” (the previous quota was 30%).
This policy applies to swapped Malay Reserve land in Kedah whereby, a Malay Reserve land is converted into a non-Malay Reserve land. The process involves swapping the land’s Malay Reserve status with a similar size non-Malay reserve land (plus 5%). Thus, every swapping process would actually lead to the increase of 5% in size of the Malay Reserve land and there is no decrease of Malay Reserve land in Kedah.
Under the previous administration of the state by Barisan Nasional, the housing development on such swapped Malay Reserve land is subject to a 30% Bumi Quota. The swapping normally occurs in the area of Alor Star whereby majority of the land in the city are designated as “Malay Reserve” area. It is done to promote housing development and to create more affordable houses in the city.
However, since September last year, the PAS-led Kedah state government had increased the Bumi Quota to 50% for housing development on swapped Malay Reserve land, notwithstanding strong objection from all corners of the state.
Today, I would like to state my appreciation to the PAS-led Kedah state government for putting a hold on the implementation of their policy to increase the bumi quota from 30% to 50% for housing development in Kedah involving swapped Malay Reserve land.
Although it took more than a year for the PAS-led Kedah state government to realize their irrational policy, any further delay in cancelling this policy would cause further damage to the housing industry in Kedah as well as losses to the people in Kedah.
However, to avoid any confusion, I hope that the PAS-led Kedah state government would clarify and give assurance that the deferment of the implementation of the 50% bumi quota would not eventually lead to the freezing of the “Malay Reserve swapping application” for land in Kedah designated for housing development, particularly in Alor Star.
Otherwise, the deferment of the implementation of the 50% bumi quota would only cause more damage than solving anything to the stagnant housing industry in Kedah.
This policy applies to swapped Malay Reserve land in Kedah whereby, a Malay Reserve land is converted into a non-Malay Reserve land. The process involves swapping the land’s Malay Reserve status with a similar size non-Malay reserve land (plus 5%). Thus, every swapping process would actually lead to the increase of 5% in size of the Malay Reserve land and there is no decrease of Malay Reserve land in Kedah.
Under the previous administration of the state by Barisan Nasional, the housing development on such swapped Malay Reserve land is subject to a 30% Bumi Quota. The swapping normally occurs in the area of Alor Star whereby majority of the land in the city are designated as “Malay Reserve” area. It is done to promote housing development and to create more affordable houses in the city.
However, since September last year, the PAS-led Kedah state government had increased the Bumi Quota to 50% for housing development on swapped Malay Reserve land, notwithstanding strong objection from all corners of the state.
Today, I would like to state my appreciation to the PAS-led Kedah state government for putting a hold on the implementation of their policy to increase the bumi quota from 30% to 50% for housing development in Kedah involving swapped Malay Reserve land.
Although it took more than a year for the PAS-led Kedah state government to realize their irrational policy, any further delay in cancelling this policy would cause further damage to the housing industry in Kedah as well as losses to the people in Kedah.
However, to avoid any confusion, I hope that the PAS-led Kedah state government would clarify and give assurance that the deferment of the implementation of the 50% bumi quota would not eventually lead to the freezing of the “Malay Reserve swapping application” for land in Kedah designated for housing development, particularly in Alor Star.
Otherwise, the deferment of the implementation of the 50% bumi quota would only cause more damage than solving anything to the stagnant housing industry in Kedah.
05 December, 2009
HOPES ON REMOVAL OF UNNECESSARY TAXES DEPENDS ON MACC’s PERFORMANCE
I refer to the statement by Malaysia Anti-Corruption Commission (MACC) deputy chief commissioner Datuk Abu Kassim Mohammed who vowed that he would take steps to restore the credibility of the organisation when he takes over the top post from 1st January, 2010.
I acknowledge that it is no easy task to redeem the credibility of MACC and public confidence in any short span of time. However, the general Malaysians may not be that forgiving in granting any further extension of time to MACC in bringing persons alleged in corruption to justice. Thus, time is of essence in any steps to redeem the credibility of MACC and public confidence.
Undoubtedly, the public views corruption as the main cause of wastage of government funds, increasing government expenditures and leading to greater budget deficit.
I believe corruption is one of the indirect causes which led to the introduction of various form of taxes to replenish government coffers, including the reintroduction of the 5% Real Property Gains Tax (which now applies even for property acquired more than 5 years), the imposition of RM50 service tax for every credit card (notwithstanding calls for exemption for one credit card per Malaysian) and the soon to be tabled Goods & Services Tax (GST) (which is viewed as taxing the poor via consumption).
In turn, corruption would indirectly burden all Malaysians (except the perpetrators). Thus, the success of MACC in lowering the rate of corruption is crucial to every ordinary Malaysian and the possibility of removal of any unnecessary taxes on Malaysians in future.
In this regards, I would like to propose to Datuk Abu Kassim Mohammed for him to consider the following upon taking over the post of MACC Chief Commissioner from 1st January, 2010:-
1. MACC would automatically investigate any form of corruption or misappropriation of funds highlighted in the Auditor General’s Annual Report (irrespective of whether the matter occurs at the federal or state level BN or PR government). MACC would publish an annual report on the actions taken by MACC on the Auditor General’s Annual Report. To date, a large number of the reported alleged wrongdoers highlighted in the Auditor General’s Annual Report (since the formation of MACC) had not been charged and the government had failed to recover the misappropriated funds.
2. MACC should disclose in an annual report on how many of the reported cases per year that they have received and what are the actions that had been taken. For cases which MACC have decided no action to be taken or action failed to be taken after the lapse of six (6) months after receipt of the public complaints/ reports, MACC must list out the reason for their failure or reluctance to prosecute.
Lastly, I would like to congratulate Datuk Abu Kassim Mohammed as the new MACC chief commissioner comes this 1st January, 2010 and to wish him all the best in weeding out corruptions in Malaysia.
I acknowledge that it is no easy task to redeem the credibility of MACC and public confidence in any short span of time. However, the general Malaysians may not be that forgiving in granting any further extension of time to MACC in bringing persons alleged in corruption to justice. Thus, time is of essence in any steps to redeem the credibility of MACC and public confidence.
Undoubtedly, the public views corruption as the main cause of wastage of government funds, increasing government expenditures and leading to greater budget deficit.
I believe corruption is one of the indirect causes which led to the introduction of various form of taxes to replenish government coffers, including the reintroduction of the 5% Real Property Gains Tax (which now applies even for property acquired more than 5 years), the imposition of RM50 service tax for every credit card (notwithstanding calls for exemption for one credit card per Malaysian) and the soon to be tabled Goods & Services Tax (GST) (which is viewed as taxing the poor via consumption).
In turn, corruption would indirectly burden all Malaysians (except the perpetrators). Thus, the success of MACC in lowering the rate of corruption is crucial to every ordinary Malaysian and the possibility of removal of any unnecessary taxes on Malaysians in future.
In this regards, I would like to propose to Datuk Abu Kassim Mohammed for him to consider the following upon taking over the post of MACC Chief Commissioner from 1st January, 2010:-
1. MACC would automatically investigate any form of corruption or misappropriation of funds highlighted in the Auditor General’s Annual Report (irrespective of whether the matter occurs at the federal or state level BN or PR government). MACC would publish an annual report on the actions taken by MACC on the Auditor General’s Annual Report. To date, a large number of the reported alleged wrongdoers highlighted in the Auditor General’s Annual Report (since the formation of MACC) had not been charged and the government had failed to recover the misappropriated funds.
2. MACC should disclose in an annual report on how many of the reported cases per year that they have received and what are the actions that had been taken. For cases which MACC have decided no action to be taken or action failed to be taken after the lapse of six (6) months after receipt of the public complaints/ reports, MACC must list out the reason for their failure or reluctance to prosecute.
Lastly, I would like to congratulate Datuk Abu Kassim Mohammed as the new MACC chief commissioner comes this 1st January, 2010 and to wish him all the best in weeding out corruptions in Malaysia.
09 November, 2009
EXEMPTION OF SERVICE TAX FOR ONE PRINCIPAL CREDIT CARD & SUPPLEMENTARY CARD ISSUED TO SPOUSE & CHILDREN
I refer to the recent proposed implementation of RM50 service tax on principal credit cards and RM25 service tax on supplementary cards as announced in the recent budget for year 2010.
I agree with the effort by the government under the leadership of Dato’ Seri Najib Tun Razak to implement measures to encourage prudent financial management by Malaysians and to curb excessive borrowings via multi credit cards.
Undoubtedly, there are many Malaysians which abuse credit cards as a source of borrowings. However, there are also many Malaysians who genuinely use credit cards for:-
1. Cost Savings Transactions
Such cost saving transactions includes purchase of goods & services via internet (e.g. purchase of airline tickets & hotel reservations, payment of phone, electricity and other utility charges, subscription of online news portal, purchase of computer peripherals, etc); and
2. Reduction of Carriage of Physical Cash
The reduction of carriage of physical cash by many Malaysian is due to security factor, including avoiding theft of the physical cash.
3. Providing Emergency Funds for Family Members
This includes issuance of supplementary credit cards to spouse and children when the principal card holder is not around, such as when the children are studying away from home and for actual emergency events (e.g. when one of the family members is hospitalized away from home).
As such, the efforts by government to encourage prudent financial management and curb excessive borrowings via multi credit cards should not be seen as giving negative impact towards the growth of the e-commerce industry in Malaysia and penalizing current genuine credit cards user who don’t actually intend to use the credit cards as a source of borrowings.
Thus, I would like to propose for the government to consider allowing:-
1. exemption of the payment of RM50 service tax for only one principal credit card for each Malaysian; and
2. exemption of the payment of RM25 service tax for supplementary card issued to spouse and children.
I agree with the effort by the government under the leadership of Dato’ Seri Najib Tun Razak to implement measures to encourage prudent financial management by Malaysians and to curb excessive borrowings via multi credit cards.
Undoubtedly, there are many Malaysians which abuse credit cards as a source of borrowings. However, there are also many Malaysians who genuinely use credit cards for:-
1. Cost Savings Transactions
Such cost saving transactions includes purchase of goods & services via internet (e.g. purchase of airline tickets & hotel reservations, payment of phone, electricity and other utility charges, subscription of online news portal, purchase of computer peripherals, etc); and
2. Reduction of Carriage of Physical Cash
The reduction of carriage of physical cash by many Malaysian is due to security factor, including avoiding theft of the physical cash.
3. Providing Emergency Funds for Family Members
This includes issuance of supplementary credit cards to spouse and children when the principal card holder is not around, such as when the children are studying away from home and for actual emergency events (e.g. when one of the family members is hospitalized away from home).
As such, the efforts by government to encourage prudent financial management and curb excessive borrowings via multi credit cards should not be seen as giving negative impact towards the growth of the e-commerce industry in Malaysia and penalizing current genuine credit cards user who don’t actually intend to use the credit cards as a source of borrowings.
Thus, I would like to propose for the government to consider allowing:-
1. exemption of the payment of RM50 service tax for only one principal credit card for each Malaysian; and
2. exemption of the payment of RM25 service tax for supplementary card issued to spouse and children.
08 November, 2009
PAS-led Kedah Government Should Respect Proper Appeal Channel
I refer to the reported decision by Kedah State Assembly Speaker Datuk Dr Abdul Isa Ismail to withdraw the invitation to Kota Siputeh Assemblyman Dato’ Abu Hassan Sarif for the upcoming state assembly scheduled on 17th November, 2009.
Chronology of Events:-
On 17th August, 2009, the Kedah State Assembly Speaker had notified the Election Commission of the vacancy for the Kota Siputeh state seat after alleging that the Kota Siputeh Assemblyman had failed to attend two consecutive state assembly meetings.
However, on 1st September, 2009, the Election Commission chairman Tan Sri Abdul Aziz Mohd Yusof decided that there was no vacancy for Kota Siputeh and that the state seat was still held by Dato’ Abu Hassan Sarif.
On 1st October, 2009, the Kedah State Assembly Speaker filed an application at the Kuala Lumpur High Court to challenge the Election Commission's decision over Abu Hassan's status as Kota Siputeh’s assemblyman, including an injunction to stop him from carrying out his duties as a state assemblyman.
The Kuala Lumpur High Court had set the hearing date of the case on 12th November, 2009 at the request of the parties to resolve the matter before the upcoming state assembly meeting.
It is unfortunate that the Kedah State Assembly Speaker would resort to withdraw the invitation to Dato’ Abu Hassan Sarif for the upcoming state assembly meeting even before the disposal of the Kuala Lumpur High Court case.
The Kedah State Assembly Speaker under the Pas-led Kedah state government should learn to respect the proper channel of appeal if they are dissatisfied with any decision made by the relevant body. They should not impatiently take matters in their own hands before any decision being made by the Kuala Lumpur High Court.
As such, the Kedah State Assembly Speaker under the Pas-led Kedah state government must immediately retract the withdrawal of invitation to Dato’ Abu Hassan Sarif for the upcoming Kedah State Assembly meeting and should in the future, stop taking matters in their own hands before any decision being made by the relevant authority or judiciary.
Chronology of Events:-
On 17th August, 2009, the Kedah State Assembly Speaker had notified the Election Commission of the vacancy for the Kota Siputeh state seat after alleging that the Kota Siputeh Assemblyman had failed to attend two consecutive state assembly meetings.
However, on 1st September, 2009, the Election Commission chairman Tan Sri Abdul Aziz Mohd Yusof decided that there was no vacancy for Kota Siputeh and that the state seat was still held by Dato’ Abu Hassan Sarif.
On 1st October, 2009, the Kedah State Assembly Speaker filed an application at the Kuala Lumpur High Court to challenge the Election Commission's decision over Abu Hassan's status as Kota Siputeh’s assemblyman, including an injunction to stop him from carrying out his duties as a state assemblyman.
The Kuala Lumpur High Court had set the hearing date of the case on 12th November, 2009 at the request of the parties to resolve the matter before the upcoming state assembly meeting.
It is unfortunate that the Kedah State Assembly Speaker would resort to withdraw the invitation to Dato’ Abu Hassan Sarif for the upcoming state assembly meeting even before the disposal of the Kuala Lumpur High Court case.
The Kedah State Assembly Speaker under the Pas-led Kedah state government should learn to respect the proper channel of appeal if they are dissatisfied with any decision made by the relevant body. They should not impatiently take matters in their own hands before any decision being made by the Kuala Lumpur High Court.
As such, the Kedah State Assembly Speaker under the Pas-led Kedah state government must immediately retract the withdrawal of invitation to Dato’ Abu Hassan Sarif for the upcoming Kedah State Assembly meeting and should in the future, stop taking matters in their own hands before any decision being made by the relevant authority or judiciary.
03 November, 2009
PENUBUHAN PASUKAN PETUGAS PERINGKAT TINGGI TETAP BAGI MENYIASAT LAPORAN TAHUNAN KETUA AUDIT NEGARA
Saya merujuk kepada penubuhan pasukan petugas peringkat tinggi yang diketuai oleh Tan Sri Mohd Sidek bin Haji Hassan, Ketua Setiausaha Negara bagi menyiasat laporan Ketua Audit Negara 2008. Pasukan tersebut yang ditubuhkan atas arahan Dato Seri Najib Tun Razak, Perdana Menteri Malaysia, juga diamanahkan untuk mengambil tindakan sewajarnya terhadap mereka yang bertanggungjawab ke atas penyelewengan kewangan dan salah guna kuasa yang disebut dalam laporan itu.
Saya menyokong tindakan kerajaan untuk menubuhkan pasukan petugas peringkat tinggi tersebut bagi menjamin ketelusan dalam pentadbiran kerajaan, samada di peringkat kerajaan pusat ataupun di peringkat negeri.
Justeru, saya berharap agar kerajaan, di bawah kepimpinan Dato Seri Najib Tun Razak, dapat mempertimbangkan supaya pasukan petugas peringkat tinggi tersebut, di bawah Ketua Setiausaha Negara:-
1. akan dijadikan suatu pasukan petugas peringkat tinggi TETAP yang akan meneliti tiap-tiap laporan tahunan Ketua Audit Negara mulai tahun 2008; dan
2. akan menyiarkan suatu laporan tahunan berkenaan siasatan dan tindakan yang telah diambilnya ke atas laporan Ketua Audit Negara. Laporan siasatan tahunan ini diharap akan dibentangkan di sidang Parlimen bagi setiap tahun yang berkenaan.
Cadangan ini adalah bertujuan bagi memastikan ketelusan dalam pentadbiran negara, (di peringkat kerajaan pusat dan juga negeri) dan tindakan sewajarnya diambil ke atas semua penyelewengan kewangan dan salah guna kuasa yang dirujuk di dalam mana-mana laporan Ketua Audit Negara, dan bukannya hanya bagi laporan 2008. Ini merupakan suatu tindakan bagi ketelusan pentadbiran jangkamasa panjang.
Saya menyokong tindakan kerajaan untuk menubuhkan pasukan petugas peringkat tinggi tersebut bagi menjamin ketelusan dalam pentadbiran kerajaan, samada di peringkat kerajaan pusat ataupun di peringkat negeri.
Justeru, saya berharap agar kerajaan, di bawah kepimpinan Dato Seri Najib Tun Razak, dapat mempertimbangkan supaya pasukan petugas peringkat tinggi tersebut, di bawah Ketua Setiausaha Negara:-
1. akan dijadikan suatu pasukan petugas peringkat tinggi TETAP yang akan meneliti tiap-tiap laporan tahunan Ketua Audit Negara mulai tahun 2008; dan
2. akan menyiarkan suatu laporan tahunan berkenaan siasatan dan tindakan yang telah diambilnya ke atas laporan Ketua Audit Negara. Laporan siasatan tahunan ini diharap akan dibentangkan di sidang Parlimen bagi setiap tahun yang berkenaan.
Cadangan ini adalah bertujuan bagi memastikan ketelusan dalam pentadbiran negara, (di peringkat kerajaan pusat dan juga negeri) dan tindakan sewajarnya diambil ke atas semua penyelewengan kewangan dan salah guna kuasa yang dirujuk di dalam mana-mana laporan Ketua Audit Negara, dan bukannya hanya bagi laporan 2008. Ini merupakan suatu tindakan bagi ketelusan pentadbiran jangkamasa panjang.
26 October, 2009
Letter to YB Lim Kit Siang - UNRESOLVED MATTER IN KEDAH
I refer the meeting between between Yang Berhormat and Menteri Besar of Kedah, Dato Seri Azizan Abdul Razak on 9th July, 2009 at Kuala Lumpur as highlighted by the media [source: Harakah Daily on 10th July, 2009].
It was reported that the issue relating to the increase of the Bumi Quota from 30% to 50% in certain housing development in Kedah was fully explained to Yang Berhormat and this matter had been resolved, together with other issues which led to the withdrawal of one of your DAP’s representative in the Kedah State Assembly from the Kedah Pakatan Rakyat’s state government.
About 4 months after the joint proclamation by Yang Berhormat and MB Kedah that the issues arising in Kedah had been resolved, the increase of the bumi quota from 30% to 50% for the certain housing development had remained in Kedah. Such policy could have been cancelled immediately by any state EXCO meeting without any further delay.
I understand that one of DAP’s policy on economic development is the replacement of the ethnic quota system with a policy of "merits and needs" [source:DAP Website]. As such, I am surprise as to the tolerance of DAP to join the administration in Kedah which not only support such ethnic quota system, but aggravating the system to a higher level.
It is now important for Yang Berhormat to explain why it was reported that Yang Berhormat jointly announced with MB Kedah more than 4 months ago that the issues arising in Kedah had been resolved when nothing concrete had been done until today.
Thus, I hope that Yang Berhormat would do the necessary to ensure that the joint proclamation with Menteri Besar of Kedah would be implemented by ensuring the immediate cancellation of the increase of the bumi quota in the certain housing development.
Thank you for your immediate action.
It was reported that the issue relating to the increase of the Bumi Quota from 30% to 50% in certain housing development in Kedah was fully explained to Yang Berhormat and this matter had been resolved, together with other issues which led to the withdrawal of one of your DAP’s representative in the Kedah State Assembly from the Kedah Pakatan Rakyat’s state government.
About 4 months after the joint proclamation by Yang Berhormat and MB Kedah that the issues arising in Kedah had been resolved, the increase of the bumi quota from 30% to 50% for the certain housing development had remained in Kedah. Such policy could have been cancelled immediately by any state EXCO meeting without any further delay.
I understand that one of DAP’s policy on economic development is the replacement of the ethnic quota system with a policy of "merits and needs" [source:DAP Website]. As such, I am surprise as to the tolerance of DAP to join the administration in Kedah which not only support such ethnic quota system, but aggravating the system to a higher level.
It is now important for Yang Berhormat to explain why it was reported that Yang Berhormat jointly announced with MB Kedah more than 4 months ago that the issues arising in Kedah had been resolved when nothing concrete had been done until today.
Thus, I hope that Yang Berhormat would do the necessary to ensure that the joint proclamation with Menteri Besar of Kedah would be implemented by ensuring the immediate cancellation of the increase of the bumi quota in the certain housing development.
Thank you for your immediate action.
23 October, 2009
Pelepasan Pembayaran Balik Pinjaman PTPTN Untuk Pelajar Kelas Pertama
Saya merujuk kepada pembentangan Budget 2010 hari ini oleh Dato Seri Najib Tun Razak, Perdana Menteri Malaysia.
Bagi pihak Pemuda Gerakan Kedah, saya ingin mengucapkan terima kasih kepada Dato Seri Najib Tun Razak dan Dato Seri Mohamed Khaled Nordin, selaku Menteri Kementerian Pengajian Tinggi atas pelepasan pembayaran balik pinjaman PTPTN bagi pelajar-pelajar yang memperolehi Kelas Pertama di Universti-universiti tempatan bermula tahun hadapan.
Pelepasan pembayaran balik tersebut telah ditamatkan sejak 3 tahun dahulu. Pemberian semula pelepasan tersebut, dengan menukar pinjaman PTPTN kepada biasiswa, merupakan suatu pengiktirafan ke atas pencapaian pelajar-pelajar cemerlang di universiti tempatan yang memperolehi ijazah Kelas Pertama.
Sungguhpun kerajaan tidak memberi diskaun 30% ke atas pembayaran balik pinjaman PTPTN bagi pelajar-pelajar yang memperolehi ijazah Kelas Kedua-Atas (seperti yang dicadang oleh kami sebelum ini), saya percaya bahawa kerajaan akan mempertimbangkan cadangan sedemikian apabila situasi kewangan PTPTN bertambah baik (seperti diulas oleh Dato Seri Mohamed Khaled Nordin pada Mei 2009 lalu)*.
Rujukan:-
http://thestar.com.my/news/story.asp?file=/2009/5/10/education/3848450&sec=education#
http://tankengliang.blogspot.com/2009/06/allocation-of-budget-to-help-young.html
http://tankengliang.blogspot.com/2009/05/my-letter-to-ds-khaled-nordin-to.html
http://tankengliang.blogspot.com/2009/05/response-to-ministry-of-higher.html
Bagi pihak Pemuda Gerakan Kedah, saya ingin mengucapkan terima kasih kepada Dato Seri Najib Tun Razak dan Dato Seri Mohamed Khaled Nordin, selaku Menteri Kementerian Pengajian Tinggi atas pelepasan pembayaran balik pinjaman PTPTN bagi pelajar-pelajar yang memperolehi Kelas Pertama di Universti-universiti tempatan bermula tahun hadapan.
Pelepasan pembayaran balik tersebut telah ditamatkan sejak 3 tahun dahulu. Pemberian semula pelepasan tersebut, dengan menukar pinjaman PTPTN kepada biasiswa, merupakan suatu pengiktirafan ke atas pencapaian pelajar-pelajar cemerlang di universiti tempatan yang memperolehi ijazah Kelas Pertama.
Sungguhpun kerajaan tidak memberi diskaun 30% ke atas pembayaran balik pinjaman PTPTN bagi pelajar-pelajar yang memperolehi ijazah Kelas Kedua-Atas (seperti yang dicadang oleh kami sebelum ini), saya percaya bahawa kerajaan akan mempertimbangkan cadangan sedemikian apabila situasi kewangan PTPTN bertambah baik (seperti diulas oleh Dato Seri Mohamed Khaled Nordin pada Mei 2009 lalu)*.
Rujukan:-
http://thestar.com.my/news/story.asp?file=/2009/5/10/education/3848450&sec=education#
http://tankengliang.blogspot.com/2009/06/allocation-of-budget-to-help-young.html
http://tankengliang.blogspot.com/2009/05/my-letter-to-ds-khaled-nordin-to.html
http://tankengliang.blogspot.com/2009/05/response-to-ministry-of-higher.html
22 October, 2009
MACC MUST ACT ON AUDITOR GENERAL’S REPORT
I refer to the recent published Auditor General’s Report.
Years after years, the report had shown misappropriation of public funds, abuse of government machinery and other matters detrimental to our country. However, little have been seen on what the government, at both state and federal level, had done to punish the culprit and placing mechanism to prevent such future misdeeds.
As such, I would like to call upon the government to consider the following:-
1. to ensure the Malaysian Anti-Corruption Commission (MACC) automatically act on ALL allegations highlighted in the Auditor General’s Report, both at federal and state level, without the need of individual complainant filling their respective report to MACC; and
2. MACC shall publish an annual report on their action taken on the Auditor General’s Report.
Years after years, the report had shown misappropriation of public funds, abuse of government machinery and other matters detrimental to our country. However, little have been seen on what the government, at both state and federal level, had done to punish the culprit and placing mechanism to prevent such future misdeeds.
As such, I would like to call upon the government to consider the following:-
1. to ensure the Malaysian Anti-Corruption Commission (MACC) automatically act on ALL allegations highlighted in the Auditor General’s Report, both at federal and state level, without the need of individual complainant filling their respective report to MACC; and
2. MACC shall publish an annual report on their action taken on the Auditor General’s Report.
18 October, 2009
PAS SUPPORTERS CLUB CONTINUED TO BE SIDELINED!
I refer to the proposal by PAS to convert the non-Muslim PAS supporters club into a party wing.
I would like to express disappointment towards PAS’s proposal which continues to discrimates non-Muslim Malaysians, even in their own party. If PAS is genuine to absorb non-Muslim Malaysian into their party, PAS should give full fledge membership to PAS supporters club and not mere sub-standard membership in the form of a wing.
In making the proposal, PAS president Datuk Seri Abdul Hadi Awang was also reported to state that “the support from non-Muslims for the party appeared to be on the rise and this was proven by their eagerness in helping the party machinery in facing several by-elections previously”.
I would like to state that Datuk Seri Abdul Hadi Awang may have been confused with the non-Muslim members of DAP and PKR which were working for Pakatan Rakyat’s by-election machinery. The recent Bagan Pinang by-election also illustrates the people’s frustration, in particular of the non-Muslim, against policy undertaken or proposed by PAS in Pakatan Rakyat’s states. The support of non-Muslim for PAS will continue to deteriorate if PAS fails to accept that Malaysia is a multi racial country with freedom of religion in accordance to our country’s Constitution.
I would like to express disappointment towards PAS’s proposal which continues to discrimates non-Muslim Malaysians, even in their own party. If PAS is genuine to absorb non-Muslim Malaysian into their party, PAS should give full fledge membership to PAS supporters club and not mere sub-standard membership in the form of a wing.
In making the proposal, PAS president Datuk Seri Abdul Hadi Awang was also reported to state that “the support from non-Muslims for the party appeared to be on the rise and this was proven by their eagerness in helping the party machinery in facing several by-elections previously”.
I would like to state that Datuk Seri Abdul Hadi Awang may have been confused with the non-Muslim members of DAP and PKR which were working for Pakatan Rakyat’s by-election machinery. The recent Bagan Pinang by-election also illustrates the people’s frustration, in particular of the non-Muslim, against policy undertaken or proposed by PAS in Pakatan Rakyat’s states. The support of non-Muslim for PAS will continue to deteriorate if PAS fails to accept that Malaysia is a multi racial country with freedom of religion in accordance to our country’s Constitution.
14 October, 2009
PREPARE BARISAN NASIONAL TO BE ONE PARTY
I refer to Dato’ Seri Najib Tun Razak reported statement that “with the 1Malaysia concept, the Barisan Nasional would one day become one party without the components such as Umno, MCA or the MIC, but he pointed out that it was not the time yet.”
It is inspiring to hear from Dato’ Seri Najib Tun Razak in his openness to accept Barisan Nasional as single party without components when the time is right. Lately, he has being active in making radical reforms even in his own party UMNO.
As such, I would like to propose to Dato’ Seri Najib Tun Razak, who is Barisan Nasional Chairman to start making preparations for Barisan Nasional to be a single party in future, when the time is right.
In this aspect, I would like to propose that the following be considered:-
1.Direct membership of all Malaysians into Barisan Nasional
Existing members from Barisan Nasional’s component party should be allowed to hold dual membership in both Barisan Nasional and its component party. Non existing members of BN component party, such as members of IPF, Makkal Sakthi or any other Malaysians who supports Barisan Nasional’s idealogy be allowed to have direct membership into Barisan Nasional.
2.Barisan Nasional Convention
This is a general assembly of Barisan Nasional to be held annually at both state and national level which would be participated by all members from all its component parties. This convention was supposed to held February this year but was postponed due to the transition of our country’s Prime Minister.
3.Barisan Nasional Secretariat
All current and future state and national activities of Barisan Nasional would be coordinated by this Barisan Nasional Secretariat.
The aforesaid proposals are not meant to request for immediate merger of all Barisan Nasional’s component parties but rather to prepare for any eventualities in future.
It is inspiring to hear from Dato’ Seri Najib Tun Razak in his openness to accept Barisan Nasional as single party without components when the time is right. Lately, he has being active in making radical reforms even in his own party UMNO.
As such, I would like to propose to Dato’ Seri Najib Tun Razak, who is Barisan Nasional Chairman to start making preparations for Barisan Nasional to be a single party in future, when the time is right.
In this aspect, I would like to propose that the following be considered:-
1.Direct membership of all Malaysians into Barisan Nasional
Existing members from Barisan Nasional’s component party should be allowed to hold dual membership in both Barisan Nasional and its component party. Non existing members of BN component party, such as members of IPF, Makkal Sakthi or any other Malaysians who supports Barisan Nasional’s idealogy be allowed to have direct membership into Barisan Nasional.
2.Barisan Nasional Convention
This is a general assembly of Barisan Nasional to be held annually at both state and national level which would be participated by all members from all its component parties. This convention was supposed to held February this year but was postponed due to the transition of our country’s Prime Minister.
3.Barisan Nasional Secretariat
All current and future state and national activities of Barisan Nasional would be coordinated by this Barisan Nasional Secretariat.
The aforesaid proposals are not meant to request for immediate merger of all Barisan Nasional’s component parties but rather to prepare for any eventualities in future.
01 October, 2009
WHAT BENEFITS TO KEDAHANS FROM THE LEGAL SUIT?
I refer to the legal suit today filed by the Kedah State Assembly Speaker against Kota Siputeh state assemblyman Datuk Abu Hassan Sarif and the Election Commission to stop the former from carrying out his duties as a state representative and to force a by-election at Kota Siputeh.
It is rather unfortunate that the PAS-led Kedah State Assembly Speaker had resorted to such an action which is a total waste of money that does not benefit Kedahans. To date, the PAS-led Kedah state government had failed to show how such legal proceedings would benefit Kedahans.
Instead, the PAS-led Kedah state government should concentrate their time and state resources to develop the state and help Kedahans.
Therefore, the Menteri Besar of Kedah from PAS must explain to all Kedahans:-
1.who is going to pay for all the legal costs in filing such a legal suit?; and
2.what are the benefits to Kedahan from such a legal suit and another by-election?
It is rather unfortunate that the PAS-led Kedah State Assembly Speaker had resorted to such an action which is a total waste of money that does not benefit Kedahans. To date, the PAS-led Kedah state government had failed to show how such legal proceedings would benefit Kedahans.
Instead, the PAS-led Kedah state government should concentrate their time and state resources to develop the state and help Kedahans.
Therefore, the Menteri Besar of Kedah from PAS must explain to all Kedahans:-
1.who is going to pay for all the legal costs in filing such a legal suit?; and
2.what are the benefits to Kedahan from such a legal suit and another by-election?
15 September, 2009
DON’T USE SELF-REGULATION IN PR STATES TO SATISFY PAS
I refer to the statement yesterday by the de facto leader of Pakatan Rakyat Dato Seri Anwar Ibrahim that Pakatan Rakyat (PR) is prepared to discuss a plan by PAS Youth to propose guidelines on the sale of liquor in PR states but the PR leadership will have a final say in the matter.
I would like to express my disappointment on Dato Seri Anwar Ibrahim that he had failed to out rightly reject the proposal by PAS Youth considering the nature and implication of the proposal, including the discrimination between Muslim majority and non-Muslim majority areas in the Pakatan Rakyat held states. He should not have given hope that may satisfy the unreasonable political aspiration of PAS Youth. Such a proposal would set a precedent to have different laws and regulations for Muslim majority area and discriminate areas in Malaysia based on religion.
The seriousness of the proposal by PAS Youth should not be ignored. Otherwise, the same consequences as seen in Selangor (when one of its EXCO from PAS made the same proposal), may arise in other PR states.
The so called “self-regulation” for sale of liquor in Muslim majority area in Selangor is no different from imposing regulation of the sale of liquor in Muslim majority area. In my view, “gazetted regulation” and “self regulation” are:-
(i) gazetted regulation is a clear cut published regulation by the government with clear cut implications if there is a breach of these regulations; and
(ii) self-regulations are unofficial government regulations with unclear implication if someone fails to adhere to the self-regulation. Perhaps, such “self regulation” is used when fearing of political implication or lash back should it be made official.
To date, Selangor under PKR have failed to guarantee that there would be no penalty or disadvantage should the business owners decide not to adhere to the self-regulations. Thus, the word “self regulation” is in fact no difference from actual regulation.
As such, I hope that Pakatan Rakyat leaders would give assurance that the so called self-regulations scheme in Selangor would not be imposed in other Pakatan Rakyat states, including Kedah and assurance that Pakatan Rakyat would not have different laws and regulations (including the so called “self regulations”) for areas based on religion.
I would like to express my disappointment on Dato Seri Anwar Ibrahim that he had failed to out rightly reject the proposal by PAS Youth considering the nature and implication of the proposal, including the discrimination between Muslim majority and non-Muslim majority areas in the Pakatan Rakyat held states. He should not have given hope that may satisfy the unreasonable political aspiration of PAS Youth. Such a proposal would set a precedent to have different laws and regulations for Muslim majority area and discriminate areas in Malaysia based on religion.
The seriousness of the proposal by PAS Youth should not be ignored. Otherwise, the same consequences as seen in Selangor (when one of its EXCO from PAS made the same proposal), may arise in other PR states.
The so called “self-regulation” for sale of liquor in Muslim majority area in Selangor is no different from imposing regulation of the sale of liquor in Muslim majority area. In my view, “gazetted regulation” and “self regulation” are:-
(i) gazetted regulation is a clear cut published regulation by the government with clear cut implications if there is a breach of these regulations; and
(ii) self-regulations are unofficial government regulations with unclear implication if someone fails to adhere to the self-regulation. Perhaps, such “self regulation” is used when fearing of political implication or lash back should it be made official.
To date, Selangor under PKR have failed to guarantee that there would be no penalty or disadvantage should the business owners decide not to adhere to the self-regulations. Thus, the word “self regulation” is in fact no difference from actual regulation.
As such, I hope that Pakatan Rakyat leaders would give assurance that the so called self-regulations scheme in Selangor would not be imposed in other Pakatan Rakyat states, including Kedah and assurance that Pakatan Rakyat would not have different laws and regulations (including the so called “self regulations”) for areas based on religion.
13 September, 2009
PAS YOUTH SHOULD NOT DISCRIMATE AREAS BASED ON RELIGION
I refer to the statement by PAS Youth’s Deputy Chief, Azman Shapawi Ab Rani, that PAS Youth will be preparing a proposal on guidelines on sale of liquor in Pakatan Rakyat states. It was also reported that the proposal will include the ban on the sale of liquor in Muslim-majority areas in all Pakatan Rakyat held states.
With due respect to PAS Youth, such proposal will indirectly lead to further discrimination between Muslim majority and non-Muslim majority areas in the Pakatan Rakyat held states.
There are already sufficient current laws in Pakatan Rakyat held states which prohibit Muslim from consuming liquor. The only issue that PAS Youth should study may be any possible failure of enforcement of the existing laws in the Pakatan Rakyat states, if any. And PAS Youth should avoid making proposals that may discrimate areas in our country based on religion.
In this regards, I would also hope that Pakatan Rakyat leaders would immediately clarify whether the statement issued by PAS Youth is based on the policy adopted by Pakatan Rakyat so as to avoid confussion.
With due respect to PAS Youth, such proposal will indirectly lead to further discrimination between Muslim majority and non-Muslim majority areas in the Pakatan Rakyat held states.
There are already sufficient current laws in Pakatan Rakyat held states which prohibit Muslim from consuming liquor. The only issue that PAS Youth should study may be any possible failure of enforcement of the existing laws in the Pakatan Rakyat states, if any. And PAS Youth should avoid making proposals that may discrimate areas in our country based on religion.
In this regards, I would also hope that Pakatan Rakyat leaders would immediately clarify whether the statement issued by PAS Youth is based on the policy adopted by Pakatan Rakyat so as to avoid confussion.
03 September, 2009
STUDY THE BENEFIT TO KEDAHAN BEFORE GOING TO COURT
I refer to the statement by Menteri Besar Kedah, Dato Seri Azizan Abdul Razak that the PAS-led Kedah state government may seek legal recourse to determine the interpretation of Article 51 and 52 of the Kedah State Constitution in relation to the case of Kota Siputeh assemblyman.
It is rather unfortunate that the PAS-led Kedah state government may resort to such an action which is a total waste of money from the state’s coffers that does not benefit Kedahans.
Instead, the PAS-led Kedah state government should concentrate their time and state resources to develop the state and help Kedahans.
As such, I hope that the PAS-led Kedah state government should carefully study if there is any benefit to Kedahans for the state to engage in legal proceedings to challenge the interpretation of the Kedah State Constitution by the Election Commission.
It is rather unfortunate that the PAS-led Kedah state government may resort to such an action which is a total waste of money from the state’s coffers that does not benefit Kedahans.
Instead, the PAS-led Kedah state government should concentrate their time and state resources to develop the state and help Kedahans.
As such, I hope that the PAS-led Kedah state government should carefully study if there is any benefit to Kedahans for the state to engage in legal proceedings to challenge the interpretation of the Kedah State Constitution by the Election Commission.
25 August, 2009
SACK IMMEDIATELY NUISANCE IN PAKATAN RAKYAT
The recent decision by Lunas assemblyman Mohd Radzhi Salleh to quit PKR and be an independent assemblyman in Kedah had drawn a lot of criticism from leaders of Pakatan Rakyat.
It is highly inappropriate for Pakatan Rakyat leaders to condemn their ex-members, including making wild allegations against their ex-members, labelling them as liability and calling their decision to quit voluntarily as part of cleaning up process of their party. All this is only said after they left Pakatan Rakyat.
If Pakatan Rakyat leaders, including their de facto leader Dato Seri Anwar Ibrahim, genuinely intend to weed out their assemblyperson and members that they think would be a liability and “nuisance in Pakatan Rakyat’s struggle for change”, they should do it immediately by sacking or suspending such members in accordance to their party constitution.
It is highly inappropriate for Pakatan Rakyat leaders to condemn their ex-members, including making wild allegations against their ex-members, labelling them as liability and calling their decision to quit voluntarily as part of cleaning up process of their party. All this is only said after they left Pakatan Rakyat.
If Pakatan Rakyat leaders, including their de facto leader Dato Seri Anwar Ibrahim, genuinely intend to weed out their assemblyperson and members that they think would be a liability and “nuisance in Pakatan Rakyat’s struggle for change”, they should do it immediately by sacking or suspending such members in accordance to their party constitution.
23 August, 2009
REPLACE PKR EXCO WITH DAP ASSEMBLYMAN IN KEDAH
I refer to the announcement today by Lunas assemblyman Mohd Radzhi Salleh to quit PKR and be an independent assemblyman in Kedah. However, there is no decision yet on whether his position as a Kedah State EXCO would be maintained.
In view of the current situation, it would be timely for Dato Seri Azizan Razak, Menteri Besar of Kedah to replace the Ex-PKR EXCO with a DAP assemblyman in Kedah.
I hope that the existence of the representative of DAP Kedah in the Kedah State EXCO will give opportunity to DAP Kedah to voice out their grouses in the state EXCO meeting. This would include allowing DAP Kedah to propose in the state EXCO and vote in favour of cancellation of the increase of Bumi Quota from 30% to 50% for certain housing development in Kedah and to resolve other issues which led to their so-called dramatic pull out from Pakatan Rakyat in Kedah in early July.
In view of the current situation, it would be timely for Dato Seri Azizan Razak, Menteri Besar of Kedah to replace the Ex-PKR EXCO with a DAP assemblyman in Kedah.
I hope that the existence of the representative of DAP Kedah in the Kedah State EXCO will give opportunity to DAP Kedah to voice out their grouses in the state EXCO meeting. This would include allowing DAP Kedah to propose in the state EXCO and vote in favour of cancellation of the increase of Bumi Quota from 30% to 50% for certain housing development in Kedah and to resolve other issues which led to their so-called dramatic pull out from Pakatan Rakyat in Kedah in early July.
10 August, 2009
YB LIM KIT SIANG MUST EXPLAIN WHAT WAS ACTUALLY RESOLVED WITH MB KEDAH
I refer to the meeting between between Y.B. Lim Kit Siang and Menteri Besar Kedah, Dato Seri Azizan Abdul Razak on 9th July, 2009 at Kuala Lumpur. The MB Kedah later claimed that the issue relating to the increase of the Bumi Quota in certain housing certain development was fully explained to Y.B. Lim Kit Siang and the issue that arises had been resolved.
[source: Harakah Daily on 10th July, 2009] http://www.harakahdaily.net/index.php?option=com_content&task=view&id=21620&Itemid=1
Since a month after the joint proclaimation by Y.B. Lim Kit Siang and MB Kedah that the issues arising in Kedah had been resolved, the increase of the bumi quota from 30% to 50% for the certain housing development had remained in Kedah. Such a policy could have been cancelled immediately by any state EXCO meeting within that month.
I would like to express my disappointment on Y.B. Lim Kit Siang and DAP Kedah in failing to ensure the cancellation of the said increase of the bumi quota after a month since the joint proclaimation with MB Kedah.
It is now important for Y.B. Lim Kit Siang to explain why did he jointly announce with MB Kedah that the issue that arises in Kedah had been resolved when nothing concrete had been done.
I hope that the interest of all Kedahans will not be sacrificed for the sake of ensuring stability of Pakatan Rakyat at national level.
[source: Harakah Daily on 10th July, 2009] http://www.harakahdaily.net/index.php?option=com_content&task=view&id=21620&Itemid=1
Since a month after the joint proclaimation by Y.B. Lim Kit Siang and MB Kedah that the issues arising in Kedah had been resolved, the increase of the bumi quota from 30% to 50% for the certain housing development had remained in Kedah. Such a policy could have been cancelled immediately by any state EXCO meeting within that month.
I would like to express my disappointment on Y.B. Lim Kit Siang and DAP Kedah in failing to ensure the cancellation of the said increase of the bumi quota after a month since the joint proclaimation with MB Kedah.
It is now important for Y.B. Lim Kit Siang to explain why did he jointly announce with MB Kedah that the issue that arises in Kedah had been resolved when nothing concrete had been done.
I hope that the interest of all Kedahans will not be sacrificed for the sake of ensuring stability of Pakatan Rakyat at national level.
29 July, 2009
CANCEL INCREASE OF HOUSING BUMI QUOTA IN KEDAH IMMEDIATELY
I refer to the decision earlier by DAP Kedah to withdraw its intention to stop supporting the PAS-led Kedah state government.
I understand that the retraction of DAP Kedah’s intention is based on Menteri Besar Kedah’s assurance to resolve various issues in Kedah, including:-
1.the increase of Bumi Quota for certain housing development from 30% to 50%; and
2.the replacement of the recently demolished pig abattoir at Alor Star.
However, to date, none of the aforesaid had been actually resolved. Unlike the construction of a new pig abattoir or slaughterhouse which may take more time, the increase of the Bumi Quota could be immediately cancelled in any of the EXCO meeting of Kedah without any unnecessary further delays.
Thus, I hope that the Menteri Besar Kedah would immediately cancel the increase of the Bumi Quota without any unnecessary further delays.
I understand that the retraction of DAP Kedah’s intention is based on Menteri Besar Kedah’s assurance to resolve various issues in Kedah, including:-
1.the increase of Bumi Quota for certain housing development from 30% to 50%; and
2.the replacement of the recently demolished pig abattoir at Alor Star.
However, to date, none of the aforesaid had been actually resolved. Unlike the construction of a new pig abattoir or slaughterhouse which may take more time, the increase of the Bumi Quota could be immediately cancelled in any of the EXCO meeting of Kedah without any unnecessary further delays.
Thus, I hope that the Menteri Besar Kedah would immediately cancel the increase of the Bumi Quota without any unnecessary further delays.
15 July, 2009
CLARIFY LOGGING CONCESSION AWARD IN KEDAH
It was previously announced by Menteri Besar of Kedah that logging concession in Kedah would only be awarded by “open tender system” in order to maximize the revenue of the state.
As such, I would like to call upon Menteri Besar of Kedah, Dato’ Seri Azizan Abdul Razak to confirm whether there is any award of logging concession in Kedah not done through the “open tender system” and whether there is any conflict of interest in any concession award in view of certain allegations that has been highlighted in the media and blogs lately.
It is important for the Kedah State Government to clarify this matter or to set up an independent state committee to investigate these issues as it involves the integrity of the state administration.
Lastly, I would like to reiterate the stand against any excessive award of logging concession in Kedah and to stop any logging activities at the Ulu Muda forest reserves.
As such, I would like to call upon Menteri Besar of Kedah, Dato’ Seri Azizan Abdul Razak to confirm whether there is any award of logging concession in Kedah not done through the “open tender system” and whether there is any conflict of interest in any concession award in view of certain allegations that has been highlighted in the media and blogs lately.
It is important for the Kedah State Government to clarify this matter or to set up an independent state committee to investigate these issues as it involves the integrity of the state administration.
Lastly, I would like to reiterate the stand against any excessive award of logging concession in Kedah and to stop any logging activities at the Ulu Muda forest reserves.
06 July, 2009
INDEPENDENT INQUIRY ON DAP KEDAH’s ALLEGATION
I refer to the recent allegation by DAP Kedah’s Chairman, Thomas Su that certain illegal Hindu and Chinese temples would be demolished by the relevant authority in Kedah. However, Menteri Besar of Kedah, Dato Seri Azizan Abdul Razak had denied the said allegation, including knowledge of such matter by the state government and the relevant local authority.
In view that there were certain purported evidence produced yesterday by Thomas Su to substantiate his allegation, it is important now for the Kedah state government to set up an independent inquiry committee to investigate such allegation and the purported evidence on an immediate basis.
A transparent independent inquiry on this allegation and the purported evidence would be important to clear the name of the PAS-led Kedah state government on this matter.
In view that there were certain purported evidence produced yesterday by Thomas Su to substantiate his allegation, it is important now for the Kedah state government to set up an independent inquiry committee to investigate such allegation and the purported evidence on an immediate basis.
A transparent independent inquiry on this allegation and the purported evidence would be important to clear the name of the PAS-led Kedah state government on this matter.
11 June, 2009
ALLOCATION OF BUDGET TO HELP YOUNG MALAYSIAN
I refer to the opening address at the 2010 Budget Consultation meeting today by our Prime Minister, Datuk Seri Najib Tun Razak.
I would like to request our Prime Minister who is also the Finance Minister to provide for a greater allocation in the upcoming Budget 2010 to help young Malaysian in our country, in particular in the aspect of education.
As such, I hope that the government would be able to make allocation in the Budget 2010 to set up a new Malaysian scholarship foundation to finance the exemption of repayment of PTPTN Loan for 1st class Graduates and 30% discount for 2nd Class Upper Graduates.
I am of the view that recognition of students’ academic excellence is an important aspect in developing a more vibrant and dynamic young Malaysians as well as to culture a feeling of gratitude among youth to serve our country in a more sincere manner. This would in turn promote the development of human capital in Malaysia.
It would be disappointing to see that Malaysian students, who were not granted scholarship initially but actually performed up to expectation not being rewarded for their academic excellence.
Previously, the Higher Education Minister Datuk Seri Mohamed Khaled Nordin replied that the Ministry “can only consider this when the financial situation of PTPTN is sustainable”. The exemption for repayment of the PTPTN Loan by 1st class Graduates was stopped 2 years ago.
Thus, it would be timely for the Finance Ministry to assist in forming the new Malaysian scholarship foundation to ease the burden of PTPTN to allow for the exemption of repayment by 1st class Graduates and 30% discount for 2nd Class Upper Graduates.
I would like to request our Prime Minister who is also the Finance Minister to provide for a greater allocation in the upcoming Budget 2010 to help young Malaysian in our country, in particular in the aspect of education.
As such, I hope that the government would be able to make allocation in the Budget 2010 to set up a new Malaysian scholarship foundation to finance the exemption of repayment of PTPTN Loan for 1st class Graduates and 30% discount for 2nd Class Upper Graduates.
I am of the view that recognition of students’ academic excellence is an important aspect in developing a more vibrant and dynamic young Malaysians as well as to culture a feeling of gratitude among youth to serve our country in a more sincere manner. This would in turn promote the development of human capital in Malaysia.
It would be disappointing to see that Malaysian students, who were not granted scholarship initially but actually performed up to expectation not being rewarded for their academic excellence.
Previously, the Higher Education Minister Datuk Seri Mohamed Khaled Nordin replied that the Ministry “can only consider this when the financial situation of PTPTN is sustainable”. The exemption for repayment of the PTPTN Loan by 1st class Graduates was stopped 2 years ago.
Thus, it would be timely for the Finance Ministry to assist in forming the new Malaysian scholarship foundation to ease the burden of PTPTN to allow for the exemption of repayment by 1st class Graduates and 30% discount for 2nd Class Upper Graduates.
27 May, 2009
Entrance to University should follow Federal Constitution
I refer to the statement yesterday by The Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin, who called on all parties to stop questioning the status and position of Universiti Teknologi Mara (UiTM) for “Bumiputera”.
Under Article 153 (8A) of the Federal Constitution:-Notwithstanding anything in this Constitution, where in any University, College and other educational institution providing education after Malaysian Certificate of Education or its equivalent, the number of places offered by the authority responsible for the management of the University, College or such educational institution to candidates for any course of study is less than the number of candidates qualified for such places, it shall be lawful for the Yang di-Pertuan Agong by virtue of this Article to give such directions to the authority as may be required to ensure the reservation of such proportion of such places for Malays and natives of any of the States of Sabah and Sarawak as the Yang di-Pertuan Agong may deem reasonable; and the authority shall duly comply with the directions.
As stated in Article 153(8A), it is only when the number of places offered in the University for any course is less than the number of candidates qualified for such places, then the Yang di-Pertuan Agong can give directions to the authority to make reservation for Malays and natives of Sabah & Sarawak (“Bumiputera”). Save for the amendment of the Federal Constitution in relation to Article 153(8A), this provision should supersede any other laws enacted in Malaysia.
The question of whether the number of qualified candidates exceeds the number of places offered in the University for any course, can only be determined after the “closing of the application to the University”. And not pre-determined at any time before the application.
For example, if there are 1000 Malaysian students (all with 5As’ in STPM, being the assumed required qualification) who applied for a medical course in a local University and there are only 400 places, then it shall be lawful to reserve places for Bumiputera within the 1000 Malaysian students.
The qualification of all Malaysian students applying for University entrance should be the same for the same course.
Thus, I hope that the Ministry of Higher Education would strictly follow and direct all local universities to comply with Article 153(8A) of the Federal Constitution when dealing with the application of Malaysian students for entrance to local universities, such as UM, UUM, USM, UKM, UPM, etc.
Under Article 153 (8A) of the Federal Constitution:-Notwithstanding anything in this Constitution, where in any University, College and other educational institution providing education after Malaysian Certificate of Education or its equivalent, the number of places offered by the authority responsible for the management of the University, College or such educational institution to candidates for any course of study is less than the number of candidates qualified for such places, it shall be lawful for the Yang di-Pertuan Agong by virtue of this Article to give such directions to the authority as may be required to ensure the reservation of such proportion of such places for Malays and natives of any of the States of Sabah and Sarawak as the Yang di-Pertuan Agong may deem reasonable; and the authority shall duly comply with the directions.
As stated in Article 153(8A), it is only when the number of places offered in the University for any course is less than the number of candidates qualified for such places, then the Yang di-Pertuan Agong can give directions to the authority to make reservation for Malays and natives of Sabah & Sarawak (“Bumiputera”). Save for the amendment of the Federal Constitution in relation to Article 153(8A), this provision should supersede any other laws enacted in Malaysia.
The question of whether the number of qualified candidates exceeds the number of places offered in the University for any course, can only be determined after the “closing of the application to the University”. And not pre-determined at any time before the application.
For example, if there are 1000 Malaysian students (all with 5As’ in STPM, being the assumed required qualification) who applied for a medical course in a local University and there are only 400 places, then it shall be lawful to reserve places for Bumiputera within the 1000 Malaysian students.
The qualification of all Malaysian students applying for University entrance should be the same for the same course.
Thus, I hope that the Ministry of Higher Education would strictly follow and direct all local universities to comply with Article 153(8A) of the Federal Constitution when dealing with the application of Malaysian students for entrance to local universities, such as UM, UUM, USM, UKM, UPM, etc.
26 May, 2009
Pakatan Rakyat, One Malaysia and Kedah Housing Policy
I refer to the recent continuous criticism by Pakatan Rakyat leaders against the One Malaysia Slogan by our Prime Minister, Dato Seri Najib Tun Razak and other federal government policy.
Since the last general election in March, 2008, not many Malaysian are aware that the Pakatan Rakyat led Kedah government had created an extreme housing policy in Kedah, which increased the bumiputra quota in housing development (for swap Malay Reserve land) from 30% to 50% in Kedah.
It is ironic that Pakatan Rakyat leaders are criticizing the “One Malaysia Concept” and “the People First and Performance Now”, when in actual fact, Pakatan Rakyat are not doing anything to review the implementation of the increase of bumiputra quota in housing development in Kedah.
I am surprise that DAP leaders such as YB Lim Kit Siang and PKR de facto leader, Dato Seri Anwar Ibrahim had not assisted Kedahan to abolish the increase of the housing Bumiputra Quota in Kedah. Pakatan Rakyat is in control of Kedah and there is no reason why Pakatan Rakyat cannot immediately abolish the increase of the housing Bumiputra Quota in Kedah. Otherwise, Pakatan Rakyat would be seen as practicing “Double Standard” when proposing and implementing policy in different states.
Instead, other states led by Barisan Nasional such as Negeri Sembilan and Perak, had recently indicated their willingness to review the current bumiputra quota housing policy in their respective state in view of the current economy slowdown. See http://www.nst.com.my/Saturday/National/2564162/Article/index_html
http://malaysia.news.yahoo.com/bnm/20090506/tts-mohamad-housing-bm-993ba14.html
I believe that the increase of the housing Bumiputra Quota in Kedah is destructive to the development of Kedah. There is no benefit to the state for the implementation of such policy, which the Kedah state government had failed to explain.
Since the last general election in March, 2008, not many Malaysian are aware that the Pakatan Rakyat led Kedah government had created an extreme housing policy in Kedah, which increased the bumiputra quota in housing development (for swap Malay Reserve land) from 30% to 50% in Kedah.
It is ironic that Pakatan Rakyat leaders are criticizing the “One Malaysia Concept” and “the People First and Performance Now”, when in actual fact, Pakatan Rakyat are not doing anything to review the implementation of the increase of bumiputra quota in housing development in Kedah.
I am surprise that DAP leaders such as YB Lim Kit Siang and PKR de facto leader, Dato Seri Anwar Ibrahim had not assisted Kedahan to abolish the increase of the housing Bumiputra Quota in Kedah. Pakatan Rakyat is in control of Kedah and there is no reason why Pakatan Rakyat cannot immediately abolish the increase of the housing Bumiputra Quota in Kedah. Otherwise, Pakatan Rakyat would be seen as practicing “Double Standard” when proposing and implementing policy in different states.
Instead, other states led by Barisan Nasional such as Negeri Sembilan and Perak, had recently indicated their willingness to review the current bumiputra quota housing policy in their respective state in view of the current economy slowdown. See http://www.nst.com.my/Saturday/National/2564162/Article/index_html
http://malaysia.news.yahoo.com/bnm/20090506/tts-mohamad-housing-bm-993ba14.html
I believe that the increase of the housing Bumiputra Quota in Kedah is destructive to the development of Kedah. There is no benefit to the state for the implementation of such policy, which the Kedah state government had failed to explain.
14 May, 2009
DETERMINE THE LEGITIMATE MENTERI BESAR OF PERAK FIRST BEFORE DISSOLVING STATE ASSEMBLY
I refer to the recent constitutional crisis in Perak and the challenge by Dato Seri Anwar Ibrahim to Dato Seri Najib Tun Razak to dissolve the Perak State Assembly for a fresh state election (as seen in his blog posting today at http://anwaribrahimblog.com/2009/05/14/anwar-cabar-najib-adakan-praya-di-perak/).
In my personal view, such a challenge is premature at this juncture as:-
1. a lot of Pakatan Rakyat leaders have expressed their doubt on the legitimacy of Dato Seri Dr Zambry Abd Kadir as Menteri Besar of Perak based on the High Court decision which proclaimed Dato Seri Mohammad Nizar Jamaluddin as the rightful Menteri Besar of Perak and have questioned the validity of the stay of proceeding granted against the High Court decision pending an appeal to the Court of Appeal;
2. before the dissolution of the State Assembly, it is important to determine who is the legitimate Menteri Besar, who is thus entitled to advise the Sultan of Perak for the dissolution of the State Assembly under Article 16(6) of the Perak Constitution FAILING WHICH any call for the dissolution of State Assembly by the person purporting to be the Menteri Besar of Perak could be challenged again in the court, by the losing party of the fresh state election;
3. as the matters pertaining to the legitimacy of the Menteri Besar Perak are currently being brought to the Court of Appeal, it is only right that the matter should first be resolved at the judiciary level to avoid any future complications; and
4. with due respect, I feel that the Royal Highness Sultan of Perak should consider this factor before deciding to dissolve the state assembly of Perak.
For the avoidance of doubt, the above are my personal views, which I felt need to be highlighted so as to avoid future complications after any fresh state election in Perak.
In my personal view, such a challenge is premature at this juncture as:-
1. a lot of Pakatan Rakyat leaders have expressed their doubt on the legitimacy of Dato Seri Dr Zambry Abd Kadir as Menteri Besar of Perak based on the High Court decision which proclaimed Dato Seri Mohammad Nizar Jamaluddin as the rightful Menteri Besar of Perak and have questioned the validity of the stay of proceeding granted against the High Court decision pending an appeal to the Court of Appeal;
2. before the dissolution of the State Assembly, it is important to determine who is the legitimate Menteri Besar, who is thus entitled to advise the Sultan of Perak for the dissolution of the State Assembly under Article 16(6) of the Perak Constitution FAILING WHICH any call for the dissolution of State Assembly by the person purporting to be the Menteri Besar of Perak could be challenged again in the court, by the losing party of the fresh state election;
3. as the matters pertaining to the legitimacy of the Menteri Besar Perak are currently being brought to the Court of Appeal, it is only right that the matter should first be resolved at the judiciary level to avoid any future complications; and
4. with due respect, I feel that the Royal Highness Sultan of Perak should consider this factor before deciding to dissolve the state assembly of Perak.
For the avoidance of doubt, the above are my personal views, which I felt need to be highlighted so as to avoid future complications after any fresh state election in Perak.
12 May, 2009
RESPONSE TO MINISTRY OF HIGHER EDUCATION ON PTPTN
I refer to my proposal on 6th May, 2009 to the Ministry of Higher Education for the exemption of repayment of PTPTN Loan for 1st Class graduates and 30% discount for 2nd Class Upper graduates. The proposal was made to serve as recognition by the Government of the students’ academic excellence. It would be disappointing to see that Malaysian students, who were not granted scholarship initially but actually performed up to expectation not being rewarded for their academic excellence.
Subsequent to the proposal, it was reported in local daily (see http://thestar.com.my/education/story.asp?file=/2009/5/10/education/3848450&sec=education) that Higher Education Minister Datuk Seri Mohamed Khaled Nordin replied that the Ministry “can only consider this when the financial situation of PTPTN is sustainable.” It was also reported that PTPTN chief executive officer Yunos Abd Ghani said the corporation was presently unable to consider the requests as “the amount would be too much for the corporation to absorb”.
Dato Seri Mohamed Khaled Nordin had also previously said the ministry was currently conducting research on how to ensure the sustainability of the PTPTN as “if the PTPTN funds continue to operate as they are, we will have a RM42bil deficit by 2020”.
Thus, I would like to take this opportunity to respond as follows:-
1. the current financial condition of the PTPTN is due to the high rate of default by borrowers. It would be unfair if the issues of default in PTPTN Loan would drag down the aim of our government to promote the development of human capital in Malaysia;
2. I am of the view that recognition of students’ academic excellence is an important aspect in developing a more vibrant and dynamic young Malaysians as well as to culture a feeling of gratitude among youth to serve our country in a more sincere manner as well as to the Barisan Nasional led government.
3. The recent by-election and the general election in 2008 had shown deteriorating support of young voters in our country, which I am not surprise considering the current higher education policy in our country. This includes the abolishment of the exemption of repayment of PTPTN Loan by 1st Class graduates, taken by the Cabinet two (2) years ago.
4. Thus, I would like to propose that the exemption of repayment of PTPTN Loan for 1st class Graduates and 30% discount for 2nd Class Upper Graduates will not burden the financial condition of PTPTN if:-
(a) A new Malaysian scholarship foundation can be set up by government to pay PTPTN for the exemption of repayment for 1st Class Graduates and the 30% discount for 2nd Class Upper Graduates; and
(b) A study to be conducted under the supervision of Ministry of Higher Education on the required amount to set up the new Malaysian scholarship foundation and to be proposed in the Budget for year 2010.
I hope that this proposal can be considered by the Ministry of Higher Education for the benefit of young Malaysians, which are the core future of Malaysia.
Subsequent to the proposal, it was reported in local daily (see http://thestar.com.my/education/story.asp?file=/2009/5/10/education/3848450&sec=education) that Higher Education Minister Datuk Seri Mohamed Khaled Nordin replied that the Ministry “can only consider this when the financial situation of PTPTN is sustainable.” It was also reported that PTPTN chief executive officer Yunos Abd Ghani said the corporation was presently unable to consider the requests as “the amount would be too much for the corporation to absorb”.
Dato Seri Mohamed Khaled Nordin had also previously said the ministry was currently conducting research on how to ensure the sustainability of the PTPTN as “if the PTPTN funds continue to operate as they are, we will have a RM42bil deficit by 2020”.
Thus, I would like to take this opportunity to respond as follows:-
1. the current financial condition of the PTPTN is due to the high rate of default by borrowers. It would be unfair if the issues of default in PTPTN Loan would drag down the aim of our government to promote the development of human capital in Malaysia;
2. I am of the view that recognition of students’ academic excellence is an important aspect in developing a more vibrant and dynamic young Malaysians as well as to culture a feeling of gratitude among youth to serve our country in a more sincere manner as well as to the Barisan Nasional led government.
3. The recent by-election and the general election in 2008 had shown deteriorating support of young voters in our country, which I am not surprise considering the current higher education policy in our country. This includes the abolishment of the exemption of repayment of PTPTN Loan by 1st Class graduates, taken by the Cabinet two (2) years ago.
4. Thus, I would like to propose that the exemption of repayment of PTPTN Loan for 1st class Graduates and 30% discount for 2nd Class Upper Graduates will not burden the financial condition of PTPTN if:-
(a) A new Malaysian scholarship foundation can be set up by government to pay PTPTN for the exemption of repayment for 1st Class Graduates and the 30% discount for 2nd Class Upper Graduates; and
(b) A study to be conducted under the supervision of Ministry of Higher Education on the required amount to set up the new Malaysian scholarship foundation and to be proposed in the Budget for year 2010.
I hope that this proposal can be considered by the Ministry of Higher Education for the benefit of young Malaysians, which are the core future of Malaysia.
10 May, 2009
Give Exemptions for PTPTN Loan Repayment to Top Grads
By KAREN CHAPMAN (from Star Newspaper 10-5-2009)
STUDENTS who obtain first class honours in their undergraduate degrees should be exempted from repaying their National Higher Education Fund Corporation (PTPTN) loans.
Kedah Gerakan youth chief Tan Keng Liang in an open letter to Higher Education Minister Datuk Seri Mohamed Khaled Nordin dated Wednesday, said this would serve as recognition by the Government of the students’ academic excellence.
He said it would also be in line with the promotion of better quality undergraduates in local universities.
“The minister should also consider allowing a 30% discount for graduates when repaying their PTPTN loans if they obtain second class upper degrees,” he said in his open letter which was also distributed to the media.
Tan hoped Mohamed Khaled would consider the requests as before July 1, 2005, graduates who obtained first class honours could be exempted from the repayment of their loans, which has since been discontinued.
He said currently there were students who were given full scholarships to enter local universities before achieving any result and who might not perform up to expectation.
“It would be disappointing to see that Malaysian students who were not granted scholarships initially but who actually performed up to expectation, not being rewarded for their academic excellence,” he said.
In an immediate response, Mohamed Khaled said the Cabinet had decided on this matter about two years ago.
“We can only consider this when the financial situation of PTPTN is sustainable,” he said when contacted.
PTPTN chief executive officer Yunos Abd Ghani said the corporation was presently unable to consider the requests.
“The amount would be too much for the corporation to absorb,” he said.
On Tuesday, Mohamed Khaled had said the ministry was currently conducting research on how to ensure the sustainability of the PTPTN.
“If the PTPTN funds continue to operate as they are, we will have a RM42bil deficit by 2020,” he said.
STUDENTS who obtain first class honours in their undergraduate degrees should be exempted from repaying their National Higher Education Fund Corporation (PTPTN) loans.
Kedah Gerakan youth chief Tan Keng Liang in an open letter to Higher Education Minister Datuk Seri Mohamed Khaled Nordin dated Wednesday, said this would serve as recognition by the Government of the students’ academic excellence.
He said it would also be in line with the promotion of better quality undergraduates in local universities.
“The minister should also consider allowing a 30% discount for graduates when repaying their PTPTN loans if they obtain second class upper degrees,” he said in his open letter which was also distributed to the media.
Tan hoped Mohamed Khaled would consider the requests as before July 1, 2005, graduates who obtained first class honours could be exempted from the repayment of their loans, which has since been discontinued.
He said currently there were students who were given full scholarships to enter local universities before achieving any result and who might not perform up to expectation.
“It would be disappointing to see that Malaysian students who were not granted scholarships initially but who actually performed up to expectation, not being rewarded for their academic excellence,” he said.
In an immediate response, Mohamed Khaled said the Cabinet had decided on this matter about two years ago.
“We can only consider this when the financial situation of PTPTN is sustainable,” he said when contacted.
PTPTN chief executive officer Yunos Abd Ghani said the corporation was presently unable to consider the requests.
“The amount would be too much for the corporation to absorb,” he said.
On Tuesday, Mohamed Khaled had said the ministry was currently conducting research on how to ensure the sustainability of the PTPTN.
“If the PTPTN funds continue to operate as they are, we will have a RM42bil deficit by 2020,” he said.
06 May, 2009
My Letter to DS Khaled Nordin to Request Exemption for PTPTN Loan Repayment
I refer to the previous policy by National Education Fund Corporation (PTPTN) whereby graduates who obtained first class honours for loans approved before 1st July 2005 may apply for exemption for the repayment of the PTPTN loan. However, I understand that this policy had been discontinued.
In view that it should be the utmost priority for our government to assist Malaysian students who excel in their studies, I would like to request Dato Seri to consider:-
1. allowing full exemption of repayment of the PTPTN loan for graduates who obtained first class honours for their undergraduate programmes; and
2. allowing a 30% discount of the repayment of PTPTN loan for graduates who obtained second class upper for their undergraduate programmes.
This would serve as recognition by the government of the student’s academic excellence and in line with the promotion of better quality undergraduates in local universities.
Currently, there are students who are given full scholarship to enter local varsities before achieving any result and who may not eventually performed up to expectation. Thus, it would be disappointing to see that Malaysian students, who were not granted scholarship initially but actually performed up to expectation not being rewarded for their academic excellence.
Lastly, I would like to congratulate Dato Seri for the success to date by PTPTN in granting opportunity to Malaysians to enter local universities
Thank you.
In view that it should be the utmost priority for our government to assist Malaysian students who excel in their studies, I would like to request Dato Seri to consider:-
1. allowing full exemption of repayment of the PTPTN loan for graduates who obtained first class honours for their undergraduate programmes; and
2. allowing a 30% discount of the repayment of PTPTN loan for graduates who obtained second class upper for their undergraduate programmes.
This would serve as recognition by the government of the student’s academic excellence and in line with the promotion of better quality undergraduates in local universities.
Currently, there are students who are given full scholarship to enter local varsities before achieving any result and who may not eventually performed up to expectation. Thus, it would be disappointing to see that Malaysian students, who were not granted scholarship initially but actually performed up to expectation not being rewarded for their academic excellence.
Lastly, I would like to congratulate Dato Seri for the success to date by PTPTN in granting opportunity to Malaysians to enter local universities
Thank you.
28 April, 2009
OPEN UP UNSOLD UNITS IN ASM & ASW TO ALL MALAYSIANS IF UNSOLD AFTER 6 MONTHS!
I refer to recent reports that 999 million units of Amanah Saham Malaysia (ASM) shares allotted to the Chinese have all been sold out, being part of the additional 3.33 billion units of ASM which went on sale on last Monday.
Based on recent reports, the sale of the ASM units allocated to the Bumiputras were not encouraging. This may be due to the existence of other products offered exclusively by Permodalan Nasional Berhad to bumiputras, such as Amanah Saham Bumiputra.
As such, I would like to call upon Permodalan Nasional Berhad (PNB) to open up any unsold portion of the ASM units to all Malaysians (including Amanah Saham Wawasan and other future similar product by Permodalan Nasional Berhad) if the same continued to remain unsold after the expiry of six (6) months from the launch of sale.
The opening up of the unsold portion after the expiry of six (6) months from the launch of sale would still permit Bumiputra to purchase the said units. However, I fully agree for the limitation of investment to 20,000 units per person should remain even after the expiry period.
Based on recent reports, the sale of the ASM units allocated to the Bumiputras were not encouraging. This may be due to the existence of other products offered exclusively by Permodalan Nasional Berhad to bumiputras, such as Amanah Saham Bumiputra.
As such, I would like to call upon Permodalan Nasional Berhad (PNB) to open up any unsold portion of the ASM units to all Malaysians (including Amanah Saham Wawasan and other future similar product by Permodalan Nasional Berhad) if the same continued to remain unsold after the expiry of six (6) months from the launch of sale.
The opening up of the unsold portion after the expiry of six (6) months from the launch of sale would still permit Bumiputra to purchase the said units. However, I fully agree for the limitation of investment to 20,000 units per person should remain even after the expiry period.
26 April, 2009
READING MY PROPOSAL TO EC IN THE CONTEXT OF PERAK CRISIS
One of the items in my recent proposal to the Election Commission on 18th April, 2009 was, amongst other, to amend Article 48(6) of the Federal Constitution so that assemblyperson who wishes to change allegiance to a party can resign and hold a by-election.
Article 48(6) of the Federal Constitution
“A person who resigns his membership of the House of Representatives shall, for a period of 5 years beginning with the date of which his resignation takes effect, be disqualified from being a member of the House of Representatives.”
Note:
1. There is a similar provision in each and every state in our country in respect of state assemblyperson. Example: Article 13(5) of the Penang Constitution and Article 31(5) of the Perak Constitution.
2. Currently, there is no provision in the Federal Constitution or any other law in our Malaysia which exempts the five (5) years ban.
Consensus before Election
I do not agree for assemblyperson to switch party allegiance unless the assemblyperson had obtained the mandate from the people via a by-election. This is based on the principle of "Consensus before Election".
As the assemblyperson was elected based on his/her individual capacity as well as his/her party’s standing (or being independent as the case maybe), it is only appropriate that any switch of his/her allegiance must seek the consent of the people at the constituency.
Can the assemblyperson in Perak resign in order to seek a fresh mandate from the people to switch party allegiance via by-election?
Based on the current law provided under Article 48(6) of the Federal Constitution and the respective state constitution, such an option is not possible as the resignation would mean that the assemblyperson would be disqualified from contesting in the by-election.
Obviously, some may argue that why not the assemblyperson resign and let others to serve the constituency? Such reasoning maybe valid only if we assume that the assemblyperson no longer wishes to serve his/her people in the constituency. However, at this juncture, there is no such indication by any of the 3 assemblyperson in Perak.
Would dissolving the state assembly in Perak solve the crisis?
Should the state assembly in Perak be dissolved to pave way for a fresh state election, the 3 assemblyperson can contest in their respective constituency and thus, letting the people in their respective constituency decide whether they are agreeable to the switch of allegiance by the assemblyperson. However, the implication of holding a whole state election would be the substantial financial burden to the government, as well as other resources and the people’s time.
Dissolving the whole state assembly to solve an issue arising from 3 state legislative seats is akin to “hitting an ant with a hammer”.
Instead, I am of the view that the crux of the problem in this crisis lies in the flaw of Article 48(6) of the Federal Constitution and the similar provision in the respective state constitution.
It would be better if the 3 assemblyperson be allowed to resign and seek a fresh mandate from the people to switch party allegiance.
Thus, I have proposed to the Election Commission to amend Article 48(6) of the Federal Constitution (and the respective state constitution) so that the 5 years disqualification should not be applicable to assemblyperson who wishes to resign in order to obtain a fresh mandate from the people for the assemblyperson to change allegiance to a party (or to renounce as the case maybe).
Should there be a provision in law to prevent change of allegiance of an assemblyperson to a party?
In my opinion, an assemblyperson cannot be forced to align with any political party. The predominant duty of an assemblyperson is to serve the people in his/her constituency. The association of an assemblyperson with a political party should be construed as merely a form of assistance to the assemblyperson to better serve the people in his/ her constituency as a group. Thus, should the assemblyperson view that the political party no longer able to assist the duty of the assemblyperson to serve the people, then it is only right that the assemblyperson reconsider his/her association with that political party.
However, as said earlier, the assemblyperson should seek a fresh mandate from the people at his/her constituency based on the principle of “Consensus before Election”.
Should there be a provision in law to compel the 3 assemblyperson to resign and seek a fresh mandate from the people in the event of change of allegiance to a party?
I am of the view that the Election Commission should also make recommendation for provisions in law to compel assemblyperson to resign and seek a fresh mandate from the people in the event of change of allegiance to a party.
Conclusion
Prior to the amendments in law, any attempt to resolve the Perak crisis would only be in the short term interest and be futile in the long term.
I reckon that it would be better if both leaders of Barisan Nasional and Pakatan Rakyat would work together in reviewing the election laws in Malaysia and make the appropriate recommendations to the Election Commission for the benefit of Malaysians.
Article 48(6) of the Federal Constitution
“A person who resigns his membership of the House of Representatives shall, for a period of 5 years beginning with the date of which his resignation takes effect, be disqualified from being a member of the House of Representatives.”
Note:
1. There is a similar provision in each and every state in our country in respect of state assemblyperson. Example: Article 13(5) of the Penang Constitution and Article 31(5) of the Perak Constitution.
2. Currently, there is no provision in the Federal Constitution or any other law in our Malaysia which exempts the five (5) years ban.
Consensus before Election
I do not agree for assemblyperson to switch party allegiance unless the assemblyperson had obtained the mandate from the people via a by-election. This is based on the principle of "Consensus before Election".
As the assemblyperson was elected based on his/her individual capacity as well as his/her party’s standing (or being independent as the case maybe), it is only appropriate that any switch of his/her allegiance must seek the consent of the people at the constituency.
Can the assemblyperson in Perak resign in order to seek a fresh mandate from the people to switch party allegiance via by-election?
Based on the current law provided under Article 48(6) of the Federal Constitution and the respective state constitution, such an option is not possible as the resignation would mean that the assemblyperson would be disqualified from contesting in the by-election.
Obviously, some may argue that why not the assemblyperson resign and let others to serve the constituency? Such reasoning maybe valid only if we assume that the assemblyperson no longer wishes to serve his/her people in the constituency. However, at this juncture, there is no such indication by any of the 3 assemblyperson in Perak.
Would dissolving the state assembly in Perak solve the crisis?
Should the state assembly in Perak be dissolved to pave way for a fresh state election, the 3 assemblyperson can contest in their respective constituency and thus, letting the people in their respective constituency decide whether they are agreeable to the switch of allegiance by the assemblyperson. However, the implication of holding a whole state election would be the substantial financial burden to the government, as well as other resources and the people’s time.
Dissolving the whole state assembly to solve an issue arising from 3 state legislative seats is akin to “hitting an ant with a hammer”.
Instead, I am of the view that the crux of the problem in this crisis lies in the flaw of Article 48(6) of the Federal Constitution and the similar provision in the respective state constitution.
It would be better if the 3 assemblyperson be allowed to resign and seek a fresh mandate from the people to switch party allegiance.
Thus, I have proposed to the Election Commission to amend Article 48(6) of the Federal Constitution (and the respective state constitution) so that the 5 years disqualification should not be applicable to assemblyperson who wishes to resign in order to obtain a fresh mandate from the people for the assemblyperson to change allegiance to a party (or to renounce as the case maybe).
Should there be a provision in law to prevent change of allegiance of an assemblyperson to a party?
In my opinion, an assemblyperson cannot be forced to align with any political party. The predominant duty of an assemblyperson is to serve the people in his/her constituency. The association of an assemblyperson with a political party should be construed as merely a form of assistance to the assemblyperson to better serve the people in his/ her constituency as a group. Thus, should the assemblyperson view that the political party no longer able to assist the duty of the assemblyperson to serve the people, then it is only right that the assemblyperson reconsider his/her association with that political party.
However, as said earlier, the assemblyperson should seek a fresh mandate from the people at his/her constituency based on the principle of “Consensus before Election”.
Should there be a provision in law to compel the 3 assemblyperson to resign and seek a fresh mandate from the people in the event of change of allegiance to a party?
I am of the view that the Election Commission should also make recommendation for provisions in law to compel assemblyperson to resign and seek a fresh mandate from the people in the event of change of allegiance to a party.
Conclusion
Prior to the amendments in law, any attempt to resolve the Perak crisis would only be in the short term interest and be futile in the long term.
I reckon that it would be better if both leaders of Barisan Nasional and Pakatan Rakyat would work together in reviewing the election laws in Malaysia and make the appropriate recommendations to the Election Commission for the benefit of Malaysians.
24 April, 2009
My Response to Y.B. Lim Kit Siang
I refer to the statement made by Y.B. Lim Kit Siang against Gerakan Youth Kedah and my proposal for the imposition of the penalty for unreasonable resignation by assemblyperson, which was sent to the Election Commission on 18th April, 2009 (details of the proposal can be found at tankengliang.blogspot.com). The statement by Y.B. Lim Kit Siang can be seen at his blog at www.limkitsiang.com on 21st, 22nd and 23rd April. 2009. The chronology of events are as follows:-
On 21st April, 2009
http://blog.limkitsiang.com/2009/04/21/why-there-should-be-by-elections-in-the-three-state-assembly-seats-of-jelapang-behrang-and-changkat-jering-in-perak-and-the-parliamentary-seat-of-kulai/
In reference to my proposal, Y.B. Lim Kit Siang states that “Kedah Gerakan Youth belongs to a substantial group in the Barisan Nasional quite lacking in grey matters as to have such silly ideas”.
On 22nd April, 2009
http://blog.limkitsiang.com/2009/04/22/ec-what-moral-right-has-it-to-propose-law-changes-to-deal-with-unnecessary-by-elections/
Y.B. Lim Kit Siang went on to state that he found “it shocking that the Election Commission Chairman Tan Sri Abdul Aziz Mohd has told Sin Chew Daily that the Election Commission is very serious about silly proposals to amend current elections laws to impose monetary penalty of RM100,000 or higher to prevent such “unnecessary by-elections” except in cases of death, illness or other conditions causing MPs or Assemblymen to be unfit to perform their duties”.
On 23rd April, 2009
http://blog.limkitsiang.com/2009/04/23/election-commission-explain-strangeextraordinary-behaviour-reinforcing-public-suspicions-about-its-independence-professionalism-and-integrity/
Y.B Lim Kit Siang again questions whether the Election Commission is “seriously suggesting that apart from cases of death, disqualification of the Member of Parliament or State Assembly member because of bankruptcy, unsound mind, criminal conviction or acquisition of foreign citizenship, all resignations by elected representative will cause “unnecessary by-elections” and should be barred such as fines amounting to RM100,000 or above”.
In view of the aforesaid, I wish to state that:-
1. The series of events which are occurring lately in our country should be viewed as signs that our country elections law maybe outdated and need to be reviewed for the benefit of the people and our country.
2. Y.B. Lim Kit Siang should understand that my proposals to Election Commission are meant for the benefit of Malaysians and covers not only imposition of penalty for unreasonable resignation. The proposal also includes, among others, amendments to Article 48(6) of the Federal Constitution to exempt the 5 years disqualification of an assemblyperson should the purpose of the resignation is to seek a fresh mandate from the people for the change of party in view of the situation in Perak.
3. As a senior politician, Y.B. Lim Kit Siang should know that he should read my whole proposal before making any comment. A copy can be sent via fax to him should he wishes so;
4. The repeated labeling by Y.B. Lim Kit Siang of the proposal to impose monetary penalty of RM50,000 (for state assemblyperson) and RM100,000 (for MPs) for unreasonable resignation as silly are totally uncalled for as I am merely giving my views as a Malaysian. For his further info, the quantum of the penalty took into account the salary of the assemblyperson.
5. The Chairman of the Election Commission, Tan Sri Abdul Aziz Mohd Yusuf and his deputy, Datuk Wan Ahmad Wan Omar were only acting professionally to consider the view of all Malaysians in order to improve the elections law in Malaysia. As such, I totally disagree with the criticism by Y.B. Lim Kit Siang against them.
6. Instead, Y.B. Lim Kit Siang should allow the Election Commission to study any possible review of the elections law. And if he wishes so (instead of just making postings in his blog), he could submit an official proposal of any review that he deems fit for the consideration of the Election Commission, which would be a more constructive assistance to Malaysians.
Thank you.
On 21st April, 2009
http://blog.limkitsiang.com/2009/04/21/why-there-should-be-by-elections-in-the-three-state-assembly-seats-of-jelapang-behrang-and-changkat-jering-in-perak-and-the-parliamentary-seat-of-kulai/
In reference to my proposal, Y.B. Lim Kit Siang states that “Kedah Gerakan Youth belongs to a substantial group in the Barisan Nasional quite lacking in grey matters as to have such silly ideas”.
On 22nd April, 2009
http://blog.limkitsiang.com/2009/04/22/ec-what-moral-right-has-it-to-propose-law-changes-to-deal-with-unnecessary-by-elections/
Y.B. Lim Kit Siang went on to state that he found “it shocking that the Election Commission Chairman Tan Sri Abdul Aziz Mohd has told Sin Chew Daily that the Election Commission is very serious about silly proposals to amend current elections laws to impose monetary penalty of RM100,000 or higher to prevent such “unnecessary by-elections” except in cases of death, illness or other conditions causing MPs or Assemblymen to be unfit to perform their duties”.
On 23rd April, 2009
http://blog.limkitsiang.com/2009/04/23/election-commission-explain-strangeextraordinary-behaviour-reinforcing-public-suspicions-about-its-independence-professionalism-and-integrity/
Y.B Lim Kit Siang again questions whether the Election Commission is “seriously suggesting that apart from cases of death, disqualification of the Member of Parliament or State Assembly member because of bankruptcy, unsound mind, criminal conviction or acquisition of foreign citizenship, all resignations by elected representative will cause “unnecessary by-elections” and should be barred such as fines amounting to RM100,000 or above”.
In view of the aforesaid, I wish to state that:-
1. The series of events which are occurring lately in our country should be viewed as signs that our country elections law maybe outdated and need to be reviewed for the benefit of the people and our country.
2. Y.B. Lim Kit Siang should understand that my proposals to Election Commission are meant for the benefit of Malaysians and covers not only imposition of penalty for unreasonable resignation. The proposal also includes, among others, amendments to Article 48(6) of the Federal Constitution to exempt the 5 years disqualification of an assemblyperson should the purpose of the resignation is to seek a fresh mandate from the people for the change of party in view of the situation in Perak.
3. As a senior politician, Y.B. Lim Kit Siang should know that he should read my whole proposal before making any comment. A copy can be sent via fax to him should he wishes so;
4. The repeated labeling by Y.B. Lim Kit Siang of the proposal to impose monetary penalty of RM50,000 (for state assemblyperson) and RM100,000 (for MPs) for unreasonable resignation as silly are totally uncalled for as I am merely giving my views as a Malaysian. For his further info, the quantum of the penalty took into account the salary of the assemblyperson.
5. The Chairman of the Election Commission, Tan Sri Abdul Aziz Mohd Yusuf and his deputy, Datuk Wan Ahmad Wan Omar were only acting professionally to consider the view of all Malaysians in order to improve the elections law in Malaysia. As such, I totally disagree with the criticism by Y.B. Lim Kit Siang against them.
6. Instead, Y.B. Lim Kit Siang should allow the Election Commission to study any possible review of the elections law. And if he wishes so (instead of just making postings in his blog), he could submit an official proposal of any review that he deems fit for the consideration of the Election Commission, which would be a more constructive assistance to Malaysians.
Thank you.
21 April, 2009
Consensus Before Election
I have read some comments and opinions that suggested I am supporting the so called "party hopping" in Perak.
On the contrary, my position had been stated clearly in my proposal to the Election Commission (see my post earlier). In there, I do not agree to party hopping unless the assemblyperson had obtained the mandate from the people via a by-election. This is based on the principle "Consensus before Election".
Thus, I have earlier proposed amendment to Article 48(6) of the Federal Constitution by allowing exemption for situations when the resignation is to call for a by-election to seek the mandate from the people. However, the proposed monetary penalty for the resignation would still be applicable and only be halved (i.e. 50% discount).
Note: Federal Constitution (Article 48(6)) and the provision of the state constitution (such as Penang Constitution – Article 13(5)), provides that a person who resigns his membership of the House of Representatives or Legislative Assembly of the State shall, for a period of 5 years beginning with the date on which his resignation takes effect, be disqualified from being a member of the House of Representatives or Legislative Assembly of the State.
In any event, I loud the statement by Election Commission Chairman, Tan Sri Abdul Aziz Mohd Yusof for considering amendment to Elections Act in order to stop unreasonable resignation by assemblyperson.
On the contrary, my position had been stated clearly in my proposal to the Election Commission (see my post earlier). In there, I do not agree to party hopping unless the assemblyperson had obtained the mandate from the people via a by-election. This is based on the principle "Consensus before Election".
Thus, I have earlier proposed amendment to Article 48(6) of the Federal Constitution by allowing exemption for situations when the resignation is to call for a by-election to seek the mandate from the people. However, the proposed monetary penalty for the resignation would still be applicable and only be halved (i.e. 50% discount).
Note: Federal Constitution (Article 48(6)) and the provision of the state constitution (such as Penang Constitution – Article 13(5)), provides that a person who resigns his membership of the House of Representatives or Legislative Assembly of the State shall, for a period of 5 years beginning with the date on which his resignation takes effect, be disqualified from being a member of the House of Representatives or Legislative Assembly of the State.
In any event, I loud the statement by Election Commission Chairman, Tan Sri Abdul Aziz Mohd Yusof for considering amendment to Elections Act in order to stop unreasonable resignation by assemblyperson.
20 April, 2009
PROPOSED AMENDMENT TO CURRENT ELECTION LAW
Under the current law, such as the Federal Constitution (Article 48(6)) and the provision of the state constitution (such as Penang Constitution – Article 13(5)), a person who resigns his membership of the House of Representatives or Legislative Assembly of the State shall, for a period of 5 years beginning with the date on which his resignation takes effect, be disqualified from being a member of the House of Representatives or Legislative Assembly of the State.
It is noted that the existing provision for such situation is not comprehensive as:-
(a) it does not penalize an assemblyperson who does not wish to continue to contest as an assemblyperson in the near future; and
(b) it does not ensure that the party which the assemblyperson belongs to (save as for independent candidates), being made responsible for such resignation and thus, making the party more prudent in choosing the candidate in future.
As such, I am of the view that the Election Commission should take the appropriate steps to propose amendment to the Election Act 1958 (including other related act and regulations) as follows:-
(i) that there shall be a monetary penalty of RM50,000 (for State Legislative Assembly) and RM100,000 (for the House of Representatives) to those assemblyperson who resign his membership of the House of Representatives or Legislative Assembly of the State, save as by reason of death, illness or other conditions rendering the assemblyman unfit to discharge his duties. However, if the resignation is by-reason of seeking a fresh mandate from the people for the assemblyperson to enter into another party or coalition, the monetary penalty shall be halved; and
(ii) that the party which the assemblyperson belongs to, shall be disqualified from contesting at the constituency of the assemblyperson, for a period of 5 years beginning with the date on which the resignation takes effect. However, such disqualification should not prohibit other party within a coalition which the party belongs to contest at the by-election or that the resignation is by-reason of seeking a fresh mandate from the people for the assemblyperson to enter into another party or coalition
Note:
1. The difference for the proposed monetary penalty for the State Legislative Assembly and the House of Representative is due to the cost in holding a by-election for the respective area.
2. I am of the view that an assemblyperson shall not be penalized severely (including the party) should the reason of the resignation is to obtain a fresh mandate from the people for the assemblyperson to enter into another party or coalition. In fact, our current legislation prohibits an assemblyperson from obtaining a fresh mandate from the people for the assemblyperson to enter into another party or coalition as such assemblyperson would be disqualified from contesting for a period of 5 years.
(iii) I would also propose that the current provision in Federal Constitution (Article 48(6)) and the provision of the state constitutions, for the disqualification of an assemblyperson for a period of 5 years, should not be applicable to assemblyperson who wishes to obtain a fresh mandate from the people for the assemblyperson to enter into another party or coalition. However, the proposed monetary penalty (though being halved) should still be applicable.
I hope that the aforesaid proposals can be considered and the series of events which are occurring lately in our country should be viewed as signs that our country election laws need to be reviewed for the benefit of the people and our country.
Thank you.
(extract from my proposal letter to the Election Commission dated 18th April, 2009)
It is noted that the existing provision for such situation is not comprehensive as:-
(a) it does not penalize an assemblyperson who does not wish to continue to contest as an assemblyperson in the near future; and
(b) it does not ensure that the party which the assemblyperson belongs to (save as for independent candidates), being made responsible for such resignation and thus, making the party more prudent in choosing the candidate in future.
As such, I am of the view that the Election Commission should take the appropriate steps to propose amendment to the Election Act 1958 (including other related act and regulations) as follows:-
(i) that there shall be a monetary penalty of RM50,000 (for State Legislative Assembly) and RM100,000 (for the House of Representatives) to those assemblyperson who resign his membership of the House of Representatives or Legislative Assembly of the State, save as by reason of death, illness or other conditions rendering the assemblyman unfit to discharge his duties. However, if the resignation is by-reason of seeking a fresh mandate from the people for the assemblyperson to enter into another party or coalition, the monetary penalty shall be halved; and
(ii) that the party which the assemblyperson belongs to, shall be disqualified from contesting at the constituency of the assemblyperson, for a period of 5 years beginning with the date on which the resignation takes effect. However, such disqualification should not prohibit other party within a coalition which the party belongs to contest at the by-election or that the resignation is by-reason of seeking a fresh mandate from the people for the assemblyperson to enter into another party or coalition
Note:
1. The difference for the proposed monetary penalty for the State Legislative Assembly and the House of Representative is due to the cost in holding a by-election for the respective area.
2. I am of the view that an assemblyperson shall not be penalized severely (including the party) should the reason of the resignation is to obtain a fresh mandate from the people for the assemblyperson to enter into another party or coalition. In fact, our current legislation prohibits an assemblyperson from obtaining a fresh mandate from the people for the assemblyperson to enter into another party or coalition as such assemblyperson would be disqualified from contesting for a period of 5 years.
(iii) I would also propose that the current provision in Federal Constitution (Article 48(6)) and the provision of the state constitutions, for the disqualification of an assemblyperson for a period of 5 years, should not be applicable to assemblyperson who wishes to obtain a fresh mandate from the people for the assemblyperson to enter into another party or coalition. However, the proposed monetary penalty (though being halved) should still be applicable.
I hope that the aforesaid proposals can be considered and the series of events which are occurring lately in our country should be viewed as signs that our country election laws need to be reviewed for the benefit of the people and our country.
Thank you.
(extract from my proposal letter to the Election Commission dated 18th April, 2009)
16 April, 2009
An Outrageous Resignation & PKR Should Take Responsibility By Letting PAS or DAP Be Pakatan Rakyat's Candidate For Penanti
I would like to declare my disappointment over today’s resignation announcement by Parti Keadilan Rakyat (PKR)’s, Mohammad Fairus Khairuddin as Penanti assemblyman.
The reasons given out by him for his resignation, in particular to further his studies and to spend more time with his family, are totally unacceptable, (save as for death, illness or other conditions rendering the assemblyman unfit to discharge his duties).
Such an outrageous resignation, including the one at Bukit Selembau (also by PKR assemblyman) would cause a total waste of tax payers’ money and time.
I hope that the Election Commission would look into this matter seriously and take the appropriate steps to propose amendments to existing laws so as to penalize such assemblyman in future.
I also hope that Parti Keadilan Rakyat should be responsible towards the outrageous resignation of their assemblyman and would have the dignity in not fielding a candidate from their party this time. Instead, PKR should allow other party in Pakatan Rakyat i.e. DAP or PAS to field in as Pakatan Rakyat candidate for the Penanti by-election.
The reasons given out by him for his resignation, in particular to further his studies and to spend more time with his family, are totally unacceptable, (save as for death, illness or other conditions rendering the assemblyman unfit to discharge his duties).
Such an outrageous resignation, including the one at Bukit Selembau (also by PKR assemblyman) would cause a total waste of tax payers’ money and time.
I hope that the Election Commission would look into this matter seriously and take the appropriate steps to propose amendments to existing laws so as to penalize such assemblyman in future.
I also hope that Parti Keadilan Rakyat should be responsible towards the outrageous resignation of their assemblyman and would have the dignity in not fielding a candidate from their party this time. Instead, PKR should allow other party in Pakatan Rakyat i.e. DAP or PAS to field in as Pakatan Rakyat candidate for the Penanti by-election.
14 April, 2009
Barisan Nasional Convention
It was announced late last year by our previous Prime Minister, Tun Ahmad Badawi, that a Barisan Nasional Convention would be held in February, 2009.
However, due to the UMNO general assembly and the recent appointment of our new Prime Minister, Dato Seri Najib Tun Razak, the proposed Barisan Nasional Convention was postponed.
I feel that the Barisan Nasional Convention should be held as soon as possible so as to enable all delegates of its component parties to discuss reforms in Barisan Nasional and be a forum to discuss issues relating to all Malaysians.
Such an event would enable our new Prime Minister, who is also the Chairman of Barisan Nasional to hear suggestions and listen to the grass roots of the component parties directly in a single annual platform. Further to that, I am of the view that such an event would also strengthen the relationship of the component parties in Barisan Nasional and promote its vision of representing all Malaysians. Currently, each of the component parties in Barisan Nasional would hold their respective annual general assembly separately and there is no platform for the members or delegates of the coalition (including those from Sabah & Sarawak) to meet in a single platform annually.
As such, I hope that our new Prime Minister, Dato Seri Najib Tun Razak would consider holding the Barisan Nasional Convention in due time and make it an annual event for Barisan Nasional as part of a rebranding and reform exercise of Barisan Nasional.
However, due to the UMNO general assembly and the recent appointment of our new Prime Minister, Dato Seri Najib Tun Razak, the proposed Barisan Nasional Convention was postponed.
I feel that the Barisan Nasional Convention should be held as soon as possible so as to enable all delegates of its component parties to discuss reforms in Barisan Nasional and be a forum to discuss issues relating to all Malaysians.
Such an event would enable our new Prime Minister, who is also the Chairman of Barisan Nasional to hear suggestions and listen to the grass roots of the component parties directly in a single annual platform. Further to that, I am of the view that such an event would also strengthen the relationship of the component parties in Barisan Nasional and promote its vision of representing all Malaysians. Currently, each of the component parties in Barisan Nasional would hold their respective annual general assembly separately and there is no platform for the members or delegates of the coalition (including those from Sabah & Sarawak) to meet in a single platform annually.
As such, I hope that our new Prime Minister, Dato Seri Najib Tun Razak would consider holding the Barisan Nasional Convention in due time and make it an annual event for Barisan Nasional as part of a rebranding and reform exercise of Barisan Nasional.
11 January, 2009
PAS should try to understand why people are against the implementation of Hudud Law in Malaysia
I refer to the continued statement by PAS supporting the implementation of Hudud Law in our country.
Instead of forcing Malaysian to understand their call for the implementation of Hudud Law, PAS should try to understand why people (including their own partner in Pakatan Rakyat, DAP) are against the implementation of Hudud Law in Malaysia.
Our country’s law is based on the rights as contained in our country’s Constitution since our country’s independence. The call by PAS for the implementation of Hudud Law in Malaysia would require a sudden major revamp of the Constitution and our country’s law as well as the legal system.
If PAS feels that there is any flaw in our country’s law and legal system, then the only correction should be done on that flaw and not on the whole system.
On the reported explanation by PKR’s de facto leader Datuk Seri Anwar Ibrahim that the proposed implementation of Hudud Law is only meant for Muslim, such explanation only discriminates Malaysian based on their religion and is unconstitutional. Article 8(1) of the Constitution provides for equality of all people before the law and Article 8(2) of the Constitution further prohibits the discrimination of people based on religion in any law (save as expressly authorized in the Constitution. However, in our current scenario, there is no such provision for Hudud Law in the Constitution).
Finally, I would like to highlight that it is utterly wrong for any political party or individual to exploit any aspect of a religion to gain political mileage in our country for their own benefit.
Thank you.
Instead of forcing Malaysian to understand their call for the implementation of Hudud Law, PAS should try to understand why people (including their own partner in Pakatan Rakyat, DAP) are against the implementation of Hudud Law in Malaysia.
Our country’s law is based on the rights as contained in our country’s Constitution since our country’s independence. The call by PAS for the implementation of Hudud Law in Malaysia would require a sudden major revamp of the Constitution and our country’s law as well as the legal system.
If PAS feels that there is any flaw in our country’s law and legal system, then the only correction should be done on that flaw and not on the whole system.
On the reported explanation by PKR’s de facto leader Datuk Seri Anwar Ibrahim that the proposed implementation of Hudud Law is only meant for Muslim, such explanation only discriminates Malaysian based on their religion and is unconstitutional. Article 8(1) of the Constitution provides for equality of all people before the law and Article 8(2) of the Constitution further prohibits the discrimination of people based on religion in any law (save as expressly authorized in the Constitution. However, in our current scenario, there is no such provision for Hudud Law in the Constitution).
Finally, I would like to highlight that it is utterly wrong for any political party or individual to exploit any aspect of a religion to gain political mileage in our country for their own benefit.
Thank you.
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