FORUM
CORRUPTION IN MALAYSIA
- ISSUES AND CHALLENGES


SPEECH DELIVERED UPON INVITATION OF THE ANTI-CORRUPTION AGENCY (ACA) IN MBKS Auditorium on Thursday 13. 12. 2007

The Effect of Corruption on Politics, Government Administration and the Public Sector.

The World Bank had identified corruption as a tough obstacle to overcome when implementing developments in any developing country in the world. Malaysia, being a young developing nation could not, at this moment get off this shackle and rid itself out from this spotlight of the international community. Corruption in a developing country could affect the flow of foreign investments. Coupled with unsound development policies and inability to keep corruption in control will definitely shun foreign investors away from our shores. Corruption has the bad effect of distorting the rule of law and sabotages policies and programmes that aimed at reducing poverty.

In the political realm, corruption could undermine democracy and good governance and also distort the quality of representation in the Legislative Assembly and Parliament. When elective office could be bought, public accountability would suffer and the public may not have quality elected representatives and will not hear quality debates and if corruption involves the judiciary, the rule of law could then be easily compromised to fit the crooks, cheats and those in the underground. Those who should be convicted got away and the innocent could also be victimized and see jail.

If corruption involves public administration, then the public will never get quality public service, procedures will be disregarded and resources siphoned-off and it will cause erosion of public confidence in public administration.

In the private sector, corruption will increase cost of business and prices of goods. In the development industry involving government officials and agencies, illicit payments changing hands will not see quality structures of buildings. This is because corruption reduces compliance with standard procedures and compromises with safety and quality and costs will then pass to the general public. In many developing countries, like the Philippines, Thailand and Indonesia, corruption can cause public unrests and collapse of governments.

Prime Minister Needs Support to Combat Corruption

When Datuk Seri Abdullah Ahmad Badawi became the Prime Minister of Malaysia in October, 2003 the Prime Minster set himself the task to fight the war against corruption. The new Prime Minister had a mission seeking Malaysians to walk with him and not to work for him in fighting corruption with the one objective, that is, for a clean, incorruptible, efficient, trustworthy, democratic, just, people-oriented government which was prepared to hear all grouses or allegations of officials and politicians involved in corruption.

With such a positive statement, the Malaysian public threw their weight behind him and with that, BN in 2004 general election won 91% of the total contested seats in Parliament. The Opposition was nearly wiped out with PAS suffering heavy defeat and PKR was made impotent in Malaysian political scene, but, DAP was a bit lucky, just managed to hang on with some seats and also saw the return of our Party’s Lim Kit Siang and Karpal Singh back to Parliament. Our Party advocated great support for the Prime Minister to fight grafts and called all Malaysians to close ranks and put all differences apart, whether political or otherwise, with the one hope of Malaysia getting better ranking from 37th in the Corruption Perception Index compiled by Transparency International in 2003.

We had to close rank as we all known, the Prime Minister could not do it alone because corruption had eaten the heart of our society. The Prime Minister, when he took office, promised the Malaysian public to bring 18 high profile cases to justice, but, until now, we had been kept guessing.

While the 18 high profile cases had kept the Malaysian public in suspense, the Prime Minister came out with the National Integrity Plan which was launched in 2004. To ensure a clean, first-class Police Force, the Prime Minister called the setting up of the Royal Police Commission. The Royal Commission recommended the establishment of the Independent Police Complaints and Misconduct Commission (IPCMC) to check the widespread corruption and abuse of power by members of the Police Force. To our dismay, the Royal Malaysian Police Force opposed the setting of the IPCMC and the government until now could not come with good reasons why this was implemented yet.

Recently the Datuk Seri Datuk Seri Abdullah Ahmad Badawi , as Prime Minister and Finance Minister allowed huge salary increment in the civil service and Police Officers in the country took a big jump in their pay. The big jump in salaries of the government was well supported by the Opposition because it was with the hope that with better pay to combat rising cost of living, corruption among government servants, especially, the police could be kept at bay. The Police Department also got big slice of the budget for the improvement of their facilities and logistics.

From actions taken, it seems that the Prime Minister was moving into the correct direction, but, why corruption is still rampant in Malaysia. Instead, corruptions or grafts had become worse each day and each year we saw we fell in Corruption Perception Index. We need to examine where went wrong and we need to examine our political system.


The Role of Both Opposition and Ruling Party
In a country that practices democracy, both the Opposition and the ruling party has individual role to play. When an issue is before Parliament, both the Opposition and the ruling party have to debate on the issue with the hope that both parties could come with a common best idea where policies could be formulated to tackle issue affecting the country. When policies had been formulated, it has to be implemented; and a success or a failure to combat a certain issue by way of policy formulated, for example, corruption, depends on two major factors, that is, first, how sound and acceptable is the policy to the general public, and second the effectiveness of the implementation of the policies formulated.

We can have many policies and sometimes these policies overlapped each other, but, where the implementation was wanting, the policy collapse. The end result is that the issues that we wanted to tackle for the good of the Nation, will not be effectively solved and instead will deteriorate further with each day becoming worse.

The people who implemented the policies were none the other, but, the cabinet ministers, their political secretaries and the government servants.

If the policy formulated is not sound and acceptable to the public, it will then not able to take off as lack of public support. The public will be against it.

For example, for every development consented to by the minister in a constituency, the constituents have to offer monetary gifts to the minister, this will sure invite political unrests and street demonstrations as such gifts are none other, but, bribes! The end result is that the minister will get richer and the people become poorer! Corruption and abuse of power will then become more rampant and there would be chaos in the country. No one with reasonable mind would support this policy.

If the cabinet ministers themselves when enforcing the policies had deviated from the strategies of the policies by themselves not being upright, by themselves participating in corrupt acts and susceptible to the practise of political corruption, through nepotism, cronyism, patronage, grafts, embezzlement and any form of misuse of political office, then, the policy however sound, will collapse and remain a dream to disappear into the thin air! In the end, the Nation will see billions of ringgit gone through unexplained or unaccountability of loss of public funds.

This unexplained or unaccountable loss could be done by inflating the costs of implementing the policy or a given project, then, by siphoning part of the public fund away to other directions or purposes. This is what we normally called, “kickback payments”. Normally, the modus operandii was that, if infrastructures or a development project was involved, the development of the project was given to a crony company and the inflated costs passed to the public. Here, we will then find people in the corridors of power become richer and richer and the wealth of the Nation been “sucked-off” by the few, leaving the majority of the population to live in poverty. This is because national wealth could not reach a larger segment of the society.

If the government servants were given the task, but had failed to properly implement it, then, the Malaysian public will not be able to see the success of the policy.

Certain factors could affect the success or failure of the implementation of a policy. For example, if the integrity of the government servant is questionable, lack of discipline and will power in implementing the policy, the unethical interference of superiors and political leaders or politicians, especially that of the ruling party, prejudice in implementing the policy due to personal political inclination to a certain party or the wrong conception of the government servant that he should only give audience or preference or only to respect the views of the politicians of ruling party, thereby restricted himself from hearing views from the members of the Opposition, could also cause the failure of the policy. With respect, such a wrong misconception could instead, harm the implementation of the policies formulated by Parliament in which both the Opposition and the ruling party played major role.

In this respect, government servants are begged to remain neutral as government servants never change and go with the collapse of a government. They are there to do work for the Malaysian Government, not to do work for the ruling party or BN and also not for the Opposition. They received their benefits or pay because Parliament allowed it and the Opposition was involved in making of it a possibility. The Opposition rarely or never in a country that practises democracy, opposes something that should be good for the people and the government servants. To repeat government servants are not paid by the Barisan Nasional or by the Opposition, but, by the Malaysian Government and there is no such thing as Malaysian Government comes and go with each election as long as Malaysia exists!

With this, we need to remind each other that the National Integrity Plan (NIP) launched by the Prime Minister in April, 2004 was clear to involve all strata of society and programme activities in the NIP also involved members of the Opposition. If we see on community development in the NIP which was with a view to inculcate patriotism, interethnic relations and good values, the implementing agencies include local Members of Parliament and State Assemblymen and the Prime Minister did not in that National Integrity Plan exclude Opposition YBs!


Corruption In Malaysia
In Malaysia, we recently have heard many scandals and the amount of money allegedly involved were very alarming! Whether true or not corruption exits, but, due to lack of information and transparency, the public was always kept in suspense. Someties, these allegations, although may not be true, could disrupt the trust of investors and public against the people in the corridors of power.

We have heard of money politics involving political parties and UMNO and even Dr. Mahathir was sick of it. To get elected, millions was said changed hands. If money politics is not corruption, then, I don’t know what this was, but, the culprits involved were yet charged in court. Can we allow persons in money politics to be in the government?

From political parties, we have “Money For Freedom” controversy of RM5.5 million allegation against a Deputy Minister who was accused of freeing three underground kingpins under police investigation.

Some years ago, we also have heard of a very powerful politician being arrested in trying to smuggle A$2 million to Brisbane, Australia. Why he wanted the money to go to Australia was shrouded with controversy. Was that corrupt money?

We have heard of a substandard RM270 million court complex in Jalan Duta Kuala Lumpur being handed over to the Prime Minister’s Department and also massive losses of the Perwaja Steel! The Anti-Corruption Agency had done good work in investigating the RM270 million court complex and we hope this time the ACA will achieve success in pinning down the culprits to justice.

Former top cop, Tun Haniff Omar, once said 40% of senior police officers could be arrested for corruption without investigation based on their lifestyles!

The present top cop, Tan Sri Musa, then called Tun Haniff Omar to provide proof! The challenge by the present top cop against his former boss to produce evidence was not a correct procedure at all. When there was such a serious allegation, an investigation or at least an inquiry should be conducted straightaway and police should get to the bottom of the line. The duty of the police is to collect evidence and we could not expect Tun Haniff Omar, who now has retired and has no statutory power and resources to produce proof of his own allegation to provide proof. This was a wrong demand and a wrong demand can always create injustice.

Mr. Yip Pit Wong, a Senior Assistant Commissioner II, of the ACA and also a Deputy Director of ACA Penang, recently was of the opinion that even a layman is able to spot some symptoms of corruption around those involved, such as the sudden change of lifestyle or a person or a person’s inability to explain away his sudden wealth.

The Royal Police Commission Report in May 2005 found out that “corruption is widespread among police personnel”, recounting the case of a police officer who made an asset declaration of RM34 million, but, no charges had been preferred against the said police officer. Datuk Ramli Yusuff was unlucky, he was recently charged as a “RM27 million cop”.

Observations had been made that police corruption, which is a form of misconduct, if too rampant can cause the increase of crime rates. It involves financial gain or political benefit for the police officer concerned in exchange for not pursing a criminal or selectively pursing the criminals. A good example is police officers accepting bribes from organized drugs and prostitution rings in exchange for not reporting these illicit activities. Another example is police officers ignoring police code of conduct in order to fully able to catch a suspected criminal, for example, in cases of forgeries, house breakings and robberies whereby fingerprints which could be detected were said not detected!

Lawyers and the judiciary were also not spared in shoddy controversies! The Lingamgate Tap is still a hot topic in the public. Years back a senior High Court Judge resigned after making some exposures about the judiciary and lawyers!

We have to remind ourselves in countries where corruption was rampant involving people of high places, the country will plunge into chaos. Modern history told us that, the Army being very disciplined, seldom got themselves involved in corruption and malpractices, but, would normally move in by coup de tat to take over the political system of the country when they no more could withstand to see corruption destroying their country.

Modern history also told us that when Army took over the administration of their country, democracy will pave way to dictatorship. When dictatorship comes, the country’s wealth will be plundered by the Army. We have seen what happened to the Philippines, Thailand and Indonesia when ruled by the Army. These countries, especially the Philippines and Indonesia became very poor under Army chiefs and instead better, corruption became more prevalent.

The Challenges Ahead
1. To be able to combat corruption more power should be given to the Anti-Corruption Agency and the ACA should be able to act on its own and to report direct to Parliament, not to the Cabinet. Being directly under Parliament, ACA will come under the scrutiny of Parliament where their actions and inactions could be questioned or queried. Suspicions of selective prosecution may not arise as at present, where cases were said swept under the carpet. If not, where are the 18 high profile cases promised by the Prime Minister?

2. There should be better government transparency in giving out works to contractors and public tenders should at all times be called;

3. The Right to Information Act, probably modelled liked the Indian Right to Information Act 2005 need be passed by Parliament;

4. There should be better freedom for freedom speech and publications;

5. An agency with full time staff should be set-up to monitor impartiality in executing orders and enforcements of laws by government agencies;

6. The principle of separation of powers should be enhanced and there should not be any political interference against government servants carrying out their duties;

7. The need for proper accountability must at all times be instilled;

8. There should be a need for a strong and independent judiciary and also a strong legal profession to defend the weak and the oppressed and also a strong prosecution department to ensure that kingpins and crooks could not run away;

9. Better protection for whistleblowers and those who expose the whistleblowers should be severely dealt with ;

10. There need for a Fair and Independent Election Commission
which reports to Parliament;

11. Declaration of assets of politicians to Parliament and Legislative assemblies.

12. Independent Police Complaints and Misconduct Commission (IPCMC) as recommended by the Royal Commission must be set up in soonest possible. Otherwise, we need to set-up a full time Royal Commission Against Corruption and Abuses by Enforcement Agencies with staffs to monitor police corruption and abuses and also that of other law enforcement agencies. This Commission could supplement the work or ACA because one could not expect ACA to monitor its own officers with impartiality.

Dewan Undangan Negeri Speech Delivered on 21st November, 2007

Yang Arif Speaker,

Thank you Mr. Speaker for giving me this opportunity to speak.

Despite the passing in this august House the Dewan Undangan Negeri (Privileges and Powers) Bill 2007 to curtail freedom of speech, I pray that Mr. Speaker would be slow to unsheathe this power on us as we all have a duty towards the people, State and Nation to speak fearlessly about all issues in which we think would be for the good of all.

When we say that Mr. Speaker, sometimes we got interrupted by the members of the Barisan Nasional and sometimes by some other things. I feel these interruptions sometimes are necessary but sometime not necessary and some people became exited. So, I would like to make a clarification here. There is no member for Liar, but, there is an Honourable Member for Layar! I hope the Honourable Member for Layar being a senior member of this august House can understand that.

I think the Member for Padungan was very excited and also members from the government side were also very excited. So, instead of pronouncing correctly Layar, they pronounced it as, “Liar!”. That I think degrade the quality of the debate in this august House. Being a senior member, I hope the Deputy Chief Minister can guide the junior members in the way to the debate, not to provoke and also not unnecessarily ridicule another member of the august House.

DAP is very concerned despite efforts made through various legislations, programmes and seminars concerning good moral values and integrity, corruption and the lack of integrity among officials in the government and also in the private sector were very alarming.

We all know that the New Economic Policy (NEP) has to be implemented, but, I think the way how it was implemented, was it successful? What have we done? We talked a lot yesterday but, I think, we must come to the idea that even our Honourable Minister from Tupong could not even trust the bank! His house was robbed! Honourable Member for Tupong came out to the press and said three or four thousands were lost. This was the integrity that we had in this government. We talked a lot, so loud, but we must take the lead. We cannot talk one thing, but, doing the other thing. Cakap tak serupa bikin! So, this was the root that caused corruption and the decline of morality, not only in the government, but also in the private sector.

That was why members from the Opposition have stressed at length the abuses of the government spending of public fund like what the Honourable Member for Kota Sentosa who stressed a lot on MBKS, the 1st Silicon and Titanium. These are the results of integrity of those who managed the funds.


KUCHING WATER BOARD

May It Please Mr. Speaker,
Between the years 2003-2005 a sum of about RM45. 69 million was said spent by the Kuching Water Board in water treatment and management of our water reservoirs, but, was the money well spent? With such huge sums of money we should expect that water in Kuching should be of the highest quality and should be safer for use and for our consumption. If not properly treated in accordance with certain recognized standards, water, which seem harmless can also poison us. Therefore, the Kuching Water Board owes to us a duty of care to ensure that we have good quality drinking water, free from harmful chemicals and bacteria and water quality for consumption meets recognized standard.

However, in a report produced by a government agency, it showed that Kuching Water Board had many times failed in its duty to ensure no excessive chemicals use and harmful bacteria present in our treated water. The report also showed that during a six month Physcio-chemical and Bacteriological tests in which 2 to 3 tests per week were conducted by the Water Quality Control Section showed the presence of excessive chlorine and 30 cases of harmful Coliform bacteria and 20 cases of E Coli bacteria in our drinking water. This clearly showed that the Kuching Water Board at that time had miserably failed in their duty to provide us with the approved quality drinking water.

There was too frequent excessive chlorine in our treated water supplied to consumers by the Kuching Water Board. Infact, excessive chlorine in our treated water occurred almost everyday as detected by the government agency.

It was also revealed that some chemicals used in water treatment failed to comply with ISO standard. If past records had shown that the Kuching Water Board had failed in their duty, we at this moment should also not discount that such a failure had not occurred recently, unless, had been rectified.

The report made by the government agency was enough for us to understand the working attitude of our Kuching Water Board and or probably other Water Boards. It the board members are still in the Board, please do something, if not yet done, to rectify the flaws. Maybe, you may all chose to resign so that others to be given a chance if you can’t perform your job to the expectation of the public. We all need to respect the principle of accountability in public management so that people will not be unnecessarily harmed by our lacklusture attitude.


WASTEFUL SPENDINGS BY KUCHING WATER BOARD

May It Also Please Mr. Speaker,
The Kuching Water Board also needs to explain to us the many wasteful spending which was discovered at time of inspection.

(i) In 1998 a sum of RM900,000-00 was spent in upgrading nine filtering systems of Reservoir I, Batu Kitang, but only five filtering systems were in use.

(ii) The desludging system to remove mud at a cost of RM400,000-00 in Reservoir I, Batu Kitang had not been functioning well due to frequent blockages.

(iii) Two Sludge Travelling Bridge at reservoir II, Batu Kitang constructed at the cost of RM466,752 was found not functioning since 1998.

(iv) Cost of sand as a filtering agent at Batu Kintang for Reservoir I, which had only nine filters cost RM900,000-00 compared with Reservoir III, which had sixteen filters which only cost RM390,00-00.

(v) The excessive stock of chemicals, Sodium Silicofluoride of 290,350 kilograms and Coagulant (Superfloc) of 54,725 kilograms which was said to take eight years and 69 years to finish using respectively.

(vi) Reservoir 1, Batu Lintang which was upgraded with the cost of RM15.65 million in 1999 was not in operation.

I hereby call that an inquiry board be set-up to find out why such excesses in spending did occur. We need to find out, especially, how and who authorized the purchase of chemicals which will last about 69 years to come. Such chemicals were wastage spending as these chemicals may be obsolete and in effective in years to come.

If we have problems with water quality in Kuching City and management of Kuching Water Board, we cannot therefore discount that other Water Boards or towns have no problems about water management and quality.



DRINKING WATER IN SINIAWAN AREA

For those living within the Siniawan area in Bau District, my personal finding was that the water source came from a river that could have carried pig wastes and other animal wastes downstream from pig farms near before the water is pumped for treatment in a treatment plant in Siniawan. Each pig farm has few thousand pigs. A public animal slaughter house was also near to the river and wastes was from the slaughter house could easily seeped into the same river and pumped to the water treatment plant. To me, it could also be very unhealthy when an exposed rubbish dumping pit of which I was told approved and managed by the Bau District Council was also near to the river that formed the water source. Although these pig farms and rubbish dumping pit could be some kilometers away from the water point where water was pumped to the water treatment plant, this could not discount that the treated water for Siniawan people was not contaminated with bacteria and chemicals wastes.

The relevant authorities, for the purpose of protecting our health, need to go to the ground to see for themselves the problem that could be faced by the Water Boards so that corrective actions could be taken. We need to understand, purified water in the markets is expensive and no all our people could afford it. So, treated water in our reservoirs should be properly managed and treated in accordance with approved standards at all times.



DEVOPMENT OF CHINESE EDUCATION IN THE STATE

May It Please Yang Arif Speaker,

The Chinese community had placed much importance of studying their own culture and language and the failure of the State in the past years to help develop Chinese education had caused much dissatisfaction in the community against the government. Chinese people in the State had decades ago knew that besides having a good command of own dialect which could be learnt at home, a good command of the mandarin language will definitely give them added advantage in the business world, especially, if one intends to do business with China where the market is so huge. This is because Chinese people could be found everywhere in the world.

The Chinese people in the country had settled here and had recognized that Malaysia is their country and to those in the State here, had also recognized the State of Sarawak, their homeland. They owed allegiance to this country and State, not to China or any other countries in the world. If they can do business with mandarin speaking people outside the country and State, they will bring in money to this country and State by way of paying taxes. Therefore, in order to ensure that the Chinese people be given a more proper opportunity to study the mandarin language, both the State and Federal governments should seriously look into this matter and accommodate the Chinese community’s wishes by building more schools for them and by providing the necessary funds.

If the State could allow foreign universities such as Curtin and Swineburne universities to set up campuses in the State where the medium of instruction is in English, then, there is no reason why the State government could not see or help the growth of Chinese education in the State. If and I repeat, if lands had been alienated or rented out to these foreign universities to set up campuses here, then, there is no reason why this could not be done to our own people. The Chinese people had been begging to study their own culture and language in local schools. We know these foreign universities are for our students here, but, we should also see Chinese education grow here side by side with other medium of education.

Education is a responsibility of any government in the world, but, if the BN government’s policy is not to provide any finance to develop Chinese education for the Chinese community, it could be understandable, but, not excusable. The Chinese community at this moment with its growing population is badly in need of land to build schools. Therefore, may the State government alienate or lease land to them at a nominal fee.

Mr. Speaker,
There is no reason why the area in Tabuan Jaya, BDC and Stutong Baru in Kuching which is the most populated Chinese area in the State until now has no Chinese school, not even a kindergarten. SUPP claimed to look into the interest of the Chinese in the State and claimed to represent them in the BN State government, what had they done in this power sharing? Had they talked with their ruling partners? SUPP being in the government should have seen this problem at least ten years ago and should have already solved this problem for the Chinese community in this Tabuan Jaya, BDC and Stutong area. Had the Honourble Chief Minister been told by SUPP of the problems faced by the Chinese community? I am sure the Honourable Chief Minister may wish to listen. The Chinese community wants

It would also enhance racial harmony if we can have a full fledge dayak School in Sarawak at least up to 6th year level. I believe dayaks are not short of culture and values that worth to be explored and studied by the younger generations. I could speak the Iban and malay languages well because I mixed with dayaks and the malays in the kampungs and in longhouses. I found that dayaks and malay are unique people, well manner and well cultured. The malays kissed the hands of their parent and elders when saying their greetings and the dayaks are people who I always observed not only obedient, but, too obedient, - “kelalu nyelap” and are always good followers.

CRIME, GANGSTERISM AND PUBLIC SECURITY

Yang Arif Speaker,

Crime, gangsterism and public security are matters that are of much concern to everyone of us. We had in the past again and again stressed the weaknesses of our system in fighting against these evils. Out of concern many in the streets came out with many ideas or suggestions on how to fight crime and gangsterism with the hope that personal safety and property would be guaranteed and public security improved. However, until now we could not find a proper solution to these. The issue now is can we find a solution to these problems without knowing the root causes of these?

To me, I personally of the humble opinion that the real culprit that largely contributed to the root cause or weakness of our security system is the BN government itself, which had failed to take all reasonable steps in the past to properly address the matter. The BN government abuse of public money coupled with high corruption rate had deprived the much needed public funds to boost the security system in the country. If the BN government was said had taken the necessary step to address the matter, I would also say that the BN government also lacked the creative idea and sound policy to tackle the matter. The BN government must be reminded that the use of draconian laws such as the Internal Security Act 1960, the Police Act, 1967 and other repressive laws including the Restricted Residence Act 1933 is not the way to tackle the issues of crimes and gangsterism.

The BN government should also be reminded that unless in an emergency state or when there is a war, the obligation to keep peace and security in the country and state lies with the government alone and the citizens should not be actively involved at all. Their involvements should be kept at the most minimal. The people should not be asked to form their own security corps to tackle the various crime situations as time spent would not only unnecessary drain the energy of the people, but, would also would unnecessarily take away their precious time from doing more productive job of taking care of their businesses, family and work. Time spent in their businesses, family and work would guarantee the state and nation of the much needed money for development and for the upkeep of security where more law enforcement officers could be employed and logistics be upgraded and be put to good use to combat the evils of crime and gangsterism. People should not be allowed deprived of quality time with their family just to keep security as to do so can also cause disintegration of their family unit which will in the end bring much social and security problem to the State and Country.

Each time when security went wrong and crime on the rise, almost each one of us straightaway point our fingers at the law enforcement agencies without realizing that the government itself has to be blamed first. We talked so much about crime and deployment of police personnel and manpower but according to the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police Report, 16 May, 2006 only 6,661 police personnel were deployed to fight crime, that is 7% of the total Police Force strength of 100,632. Commercial Crime Division only has 690 personnel. How can these small number fight crime when the Administrative Department has a strength of 33,036 and the Department of Internal Security & Public Order has 33,214 and both Departments have manpower far exceeded the Crime and Investigation Department. Both Departments took about 66% of the whole manpower in the Police Force.

This shows that the BN government or the Internal Security Ministry was sleeping on the trust of the people and failed to realize the need of proper management of human resources. The Administrative Department of the Police Force has a strength of five times the size of the Criminal Investigation Department and this means one to every three policemen in the Force were confined to desk work. We need not have Neighbourhood Watch, or RELA to help keep security if the BN government was smart to use maintain in combating crime.

What we also used to hear was also that the police and other enforcement agencies were very corrupt and or slow to act in a given situation. Why? These could mainly be caused by lack of moral and indiscipline due to lack of care by the government of their welfare and failure to provide a more conducive working environment and logistics. Many times, I myself arrived at scene of crimes earlier than the police officers. When asked why they were slow, the normal answers were, “Tidak ada kereta, Tuan! Tak cukup anggota pun. Mata gelap dah tidur dan ada telah lesap! Kerja tak habis habis!” One would ponder why such answers? Its very simple, if the BN government is not corrupt or corruption is under control and the BN government is more responsible in its spending of public funds, for example, by not unnecessary buying of submarines and Sukhoi Su-30MK fighter jets of which commissions for these fighter jets alone was said or speculated in the region of about RM108 millions and maybe more and if the BN government had restrained itself from mega projects such as the estimated RM600 million Project Lintasan Shah Alam, the RM400 million new Malaysian Palace and also what I called “Istana Yang Berhormat Sarawak”, that is, the State Dewan Undangan Negri building, which we were told will cost us RM350 million, things could be better.

I think, such complaints or answers could be unheard of if unnecessary abuses and spending of public funds could be of proper use and be channeled to strengthening the Police Force and other law enforcement agencies in providing them with proper manpower and logistics to fight crime.

I would say when there is a suspicion among law enforcement officers that the government is uncaring by not providing better or adequate working facilities and welfare, law enforcement officers would in turn due to stress of work and obligation, vent their anger on the public. Some members of the public even complained that although themselves were in actual fact victims of crimes and gansterism, but, could find themselves arrested by law enforcement officers for crimes not committed by them and worst, for criminals they themselves reported and where protection was sought. This was what recently happened when police officers were sued for RM85 million by a group of four lawyers in Selangor for wrongful arrest, assault and detention. We were also made to understand that an ex-ISA detainee was awarded a sum of RM2.5 million by a High Court. I had filed one recently for a client and I also read in papers that bandaraya officers in Kuching had also been sued.

I also cannot discount of possible suits against the police in this Sarawak State too in the very near future.

Such acts by law enforcement officers unwittingly led to a decline of public confidence in them and in their agencies. In respect of the Police Force, a panel should have been directed to study the root causes of the decline of public confidence in the Police Force and to make the necessary recommendations to the government to rectify the causes of corruptions and abuse of power in the Police Force. The study could supplement the recent Royal Police Commission.

Victims of crimes and victims who were abused by government enforcement officers also showed no confidence in the way investigations or actions against complaints were carried out. They lacked confidence because they were afraid that these enforcement agencies would conduct slip shot scene investigations or taking an indifferent attitude towards their complaints. Could that files were opened but with the aim of closing the case.

When police and other law enforcement agencies could not solve a dispute or a crime and conduct selective investigations and arrests, then, it is not uncommon that persons of shoddy characters and gangsters be called to solve the crime by those affected. My experience in the past was that, these people of shoddy characters would go down to track the offender, open their own “court”, find the offender guilty and fine him or the offender be punished in accordance with laws and rules set by them. If a fine or punishment led to dispute about the inadequacy or excessiveness of the fine or punishments, gangland war was the way to settle the dispute. That’s how gangsters got paid and do business. They made lucrative money. Its’ fast and to the victims and those involved, this was an easy and fast solution when police and other law enforcement agencies including local councils and municipalities became ineffective.


DISTRICT SECURITY COMMITTEE

Why all these things could happen? To know this, we also need to examine our security system in the State. At district level, do we have a District Security Committee, that is, Jawatankuasa Keselamatan Daerah besides the Jawatankuasa Keselamatan Kampung? If we had, did we get the district officer, district police, the army, immigration, customs, information service, Land Transport Department, other relevant agencies and NGOs involved to sit in the same committee? If we had done this, many tasks could be coordinated and problem of crime, lack of disciple and moral of officers in law enforcement agencies could be solved. At the same time, this can reduce duplicity of work and inconsistent policies within all law enforcement agencies in the government.

Again, in municipality and city councils like DBKU, MBKS, Majlis Perbandaran Padawan, Sibu Municipality Council, etc, do we have the police and certain agencies sit in council’s meetings? The police sitting in council’s committees would be able to do a lot of help to the councils and municipalities, to advise licensing matters and security when certain licences were to be issued at a certain area or to a certain applicant or person. At the same time by having other relevant agencies sit in the various boards or committees, this will minimize duplicity of work, enforcement and planning.


REVENUE TO FEDERAL GOVERNMENT

The Federal Government should not deny that it had derived much income from our oil and gas and also from revenues collected by Federal Departments in the State. Since these are revenues from our State, such revenues should be “filtered” first by our State Treasury before these revenues be handed over to the Federal Treasury. If we could be made to retain part of these revenues, say, 10% - 20%, we will then no more hear of complaints that Federal Funds were slow to come. These revenues came from our State and therefore there is no reason why we should not negotiate with the Federal Government to retain part of these revenues for ourselves.

From the retained revenues, the State could also utilized these revenues to speed up development in the State and maybe also plan to make use part of these revenues towards education, the sick and aged people in the State.

ALIENATION OF GOVERNMENT LANDS TO PRIVATE COMPANIES

Yang Arif Speaker,

The City of Kuching needs proper planning into its future where there would not be traffic jams, no shortage of public parking spaces, hospitals etc. At the same time we also need public parks where tourists and members of the public can take a walk and enjoy themselves with their families and friends. However, for these facilities we need land and empty government land in the city which is already scarce, should therefore not to be alienated anyhow to private companies for their benefit.

Being the Member for Batu Lintang I wish to inform this august House that members of the public were very worried if that big piece of land which is probably about 50-60 acres along the Batu Lintang Road in Kuching between BOMBA and Batu Lintang Open Air Market be alienated to private companies. This piece of land is within the Batu Lintang Constituency. If this piece of land had been alienated to private companies, this will be a serious injustice to the people of Batu Lintang as the constituency in the near future needs land for government clinics, football fields and lands for other sports facilities and other public facilities. At this moment Batu Lintang Constituency has no government clinics, no public library and also lacked public parking spaces.


WELFARE SCHEME FOR SENIOR CITIZENS

May It Please Mr. Speaker,

We need to have a pension scheme or a monthly living allowance for senior citizens. They should be entitled to such a scheme in consideration for their contribution to the development of the State during they active working days. When they were young they worked very hard for their family and for the State and with their contribution to the State’s economy and to state coffers. By way of paying taxes from income earned during their active working days, they helped developed this State. Without them, the State’s development would not be what it is today. Therefore, to give back some money to them from what they had given to the State coffers during their active working days would not be a consideration that is too much a thing to ask for. At least with the little monthly living allowance, these senior citizens will live a much healthier life as such money could be used to buy food supplements and perhaps for some other personal use to maintain their health and welfare.

At the same time the allowance will also help to alleviate their hardships because when they are old they may need some pocket money of which they may not be able to get from their children. Some of them may also have no children or relative to take care of them. At least the little living allowance will keep them happy during their twilight years.

We understand the government through the Welfare Department and other agencies had helped the senior citizens to overcome their difficulties, but, that was not enough. Many if not most of the senior citizens were also unaware of the welfare benefits that were available to them due to very scant information disseminated to them and the public. The act and care of senior citizens must be formalized.

The population of senior citizen will grow fast in the next ten years and a planning should now be done to help the aging population and to find ways to see the aging population can still be productive to contribute to society.

BATU LINTANG CONSTITUENCY

May It Please Mr. Speaker,

The people of Batu Lintang Constituency are thankful to the Deputy Minister and Minister of Infrastructure Development and Communications and Minister of Rural Development and also to other relevant agencies, especially, DBKU, for the resealing of Green Road, Jalan Emerald, Lorong Star Garden No.6, Gold Jade Road, and the resealing of part of Jalan Angsana and part of Jalan Tengah and also the improvement of part of Jalan Stapok near to 100% Discount Store adjacent to Jalan Tun Ahmad Zaidi Adruce. DBKU also needs special mention for replacing about forty damaged, lost or stolen drain covers of Jalan Medan Temple in the constituency.

However, the people of Batu Lintang also wish that other roads which had been brought to the attention of the august House also need urgent repair or resealing. These roads were the remaining part of Jalan Angsana and Jalan Tengah, Jalan Kim Seng, Jalan Intan, Jalan Nanas, Jalan Taman Eastern, Pisang Road West, Jalan Star Garden, Jalan Kepayang, Lorong Sungai Maong Ulu No.3, Jalan Sungai Maong Baharu. Jalan Sungai Maong Tengah.

A special request is for a proper drainage and resealing of the roads at back lane of shophouses of Green Road near to the Hakka Association and also the roads of the new shophouses surrounding the building of Hakka Association which flooded each time when there was rain. It was observed that this area flooded easily with short downpour due to the sinking of the roads in the area.

Jalan Sungai Maong Tengah which some months ago were dug for the purpose of laying PVC pipes by the Kuching Water Board also needs special attention. I understand that DBKU had been contacted to reseal the road and although most parts of the road had been resealed, the work was not satisfactory. What the people using the road want was to reseal the road, not mend it only the parts that had been dug out by the Kuching Water Board.

CONCLUSION

May It Please Mr. Speaker,

We may come from different races and do not have same religion and beliefs, but, let us all see that every race is not marginalized or left out in any development. To ensure this we should continue to strive for better equality, fairness and justice for all and whatever task we plan and do we should instill in ourselves the idea of Malaysian First and Sarawak is my land.

FORMULAE ON LANDS PREMIUMS – A POLITICAL GIMMICK?

The Democratic Action Party (DAP) all these years had fought hard to amend the Sarawak Land Code seeking provisions to allow the unconditional automatic renewal of land leases to a further 99 years and had also sought land affected by section 47 of the Land Code be automatically lifted after a lapse of two years in the event the government delays the acquisition of the land for public development. The DAP has sought the amendments to the Sarawak Land Code affecting these two important matters affecting land ownerships to take place at the same time and that the Land Code, if amended, should not take place by piecemeal. Both amendments sought have to go hand in hand and we cannot allow the Land Code to be amended to accommodate only one of them as to do so, the landholders will still have not much security to their land.

We regret that we still could not get either of them, however, in the last few days from 19th – 28th November, 2007 DUN sitting we managed to convince the State BN government to come with the formula for the calculation of land premiums.

Frankly speaking we did it by default when the Land Code (Amendment) Bill, 2007 was tabled during the last DUN sitting to amend certain provisions of the Land Code. The amendments were only in respect of allowing foreigners, individuals and corporate personalities to acquire and invest in lands within the Regional Development Corridor and also to allow applications for renewals by landholders before the expiry of land leases, and also powers of Director of Lands Department to renew leases, but, nothing was said about premiums or automatic renewal of land leases.

Since the amendments did not seek for the automatic renewal of land leases and the seeking for calculations of premiums, then, a YB could not, according Order 34(1) of the DUN Standing Order and ruling of the Speaker in a previous sitting, speak about land premiums as debates should only be confined to matters relating to the amendments only. So it was by default that the issue of land premiums were brought up during the DUN sitting which forced the State BN government through its Minister of Planning and Resource Management II, Dato’ Sri Hj. Awang Tengah bin Ali Hasan, to call for a press conference on 28. 11. 2007 to clarify the issue of premiums and to disclose the formula for assessing the land premiums upon the renewal of land leases. All YBs in the DUN were then given the text of the Minister’s speech in the press conference and a brochure explaining the renewal and premiums on the renewed land leases.

Caution against Announcement by State BN government
However, the announcement made by the Minister has to be taken cautiously as it has many hidden political agenda, especially, when Parliamentary Election is around the corner. Members of the public need again be reminded that such announcement by the Minister was a policy announcement which could be subjected to changes without notice at any time. Unless amendments to incorporate what the Minister had announced during the press conference, is legislated or incorporated into the Land Code, it may not be for a permanent or long term basis. This is because if the government could by a simple press announcement reduce the premiums already imposed on various categories of land, for example premiums imposed on residential purposes of 25% - 50% to a flat rate of 25% and premiums for commercial land be reduced from original rates of 25% - 61% to a new rate of 25% - 40%, then there is no reason why these premiums could not be reviewed in the very near future to suit the political agenda of the State government. When the government cries for more money, the government could come with other announcements that could create hardships on the people.

Announcement by Minister Was No More Than Political Mileage
We still should not forget that in the 1980s an announcement in the local press made by a senior Minister from the SUPP that the 8 points land given to the residents from Attapah in Chawan Road to the Stutong Resettlement Scheme in Kuching were given for free to them, but, about 15 years later it turned out that this was not true and all of them have to pay the premiums imposed on their lands. Likewise, the squatters in Sg. Apong in the Pending Constituency and Kpg. Kudei in the Batu Lintang constituency were promised land just before the 1991 State Election until now are yet fulfilled. These therefore were classic examples of announcement made by Ministers and BN leaders unless entrenched in the legislation, nothing said by the Ministers and BN leaders would be of permanent basis and what they said could be subjected to changes or be revoked at anytime. Therefore, members of the public should be cautious of the fact that words spoken by politicians, be they Ministers, carries no legal weight at all.

Members of the public need also be reminded that although the landholders are allowed to renew their leases well ahead before the expiry of their land leases for an extended period of 60 or 90 years, the extended period starts from the date of approval and not from the date of the expiry of the leases. Meaning that, if a landholder renews his land lease for a further period of 60 years although his lease still has 18 years to go before the expiry, the lease holder in actual fact only gets 42 years lease as the remaining 18 years shall be forfeited! The landholders could not get 18 years plus 60 years so to make his lease to hold for a period of 78 years.

Members of the public also need to understand the assessment of land premiums are based on the market value of the unexpired term of land itself and common sense tells us that the shorter is the unexpired lease term of our land, the lesser will be the market value of the land. Then how could many leaders of the SUPP made us fools by telling us that the premiums for renewals will get more expensive once the land lease gets shorter or when it expires!

One needs to observe that from the text for the press statement of the Minister which stated as examples for lands in Rejang Park, Sibu and in Merbau Estate in Miri although with a lease of 20 years to expire for the same 0.04 acres of land with renewal premiums of RM2,200 did not give any indication of the current market value of these lands in the Rejang Park and also in the Merbau Estate.

The Rejang Park and Merbau Estate lands although have a lease term of two years more than that of Kenyalang Park in Kuching seems to pay less premiums than those in Kenyalang Park in Kuching. They were required only to pay RM2,200 – a difference of RM400.00 and the market value of these lands in Rejang Park and Merbau Estate remains unknown. One also need to take note that Dato' Hj.Awang Tengah bin Ali Hasan picked as examples lands in Kenyalang Park, Rejang Park and Merbau Estate, these lands being low cost houses could no more command good market value and this market value would vary if it involves lands of upper class people.

One also needs to be told that the Minister had failed, at this moment to come up with the actual premiums to be paid by the landholders on the renewals of these lands. What the Minister said during the press conference were “estimated premiums” only and this was clearly shown in the Minister’s text distributed to all DUN members. Therefore at this moment we still could not know how much landholders will actually have to pay for a 0.04 acre land in Kenyalang Park upon renewal of their leases. The Minister only produced an estimated value of RM2,600.00 and therefore, it could be more.

Outcome of Application
Although the brochure distributed to the public stated that the outcome of the renewal application could be known within three months from the date of submission, but, I have cases that submissions made few months ago also did not receive any reply at all. The so-called interim reply was also not forthcoming! Therefore, unless legal rules are made to this effect in the Land Code, many landholders could also find that the suspense of waiting for a favourable reply in soonest possible could affect their health. Without any frame time in the Land Code to approve or to set aside applications, the procedure could be subject to abuse.

Change of government will go with change of Policy
At the same time, we also need to understand that no political party could rule a country forever as it would be a matter of time in any democratic process that the Opposition, as His Majesty’s Government-in-waiting will one day take over the government. The Government-in-waiting when it takes over the government of the day may most probably amend the law to keep its’ promise and will go on to allow the automatic renewal of land leases without premiums! If this may happen, then those who had renewed theirs during the present government will regret for doing so. We all need to understand that DAP all these had fought for the automatic renewal of land leases to another 99 years and it would not be difficult to understand that if DAP one day would be in the government, the issue on lease terms will definitely be solved as we all would be assured of the automatic renewal of our land leases.

I had been told outside the DUN by a very senior Lands Officer that it would be advisable to renew these land leases within five years before its expiry, however, due to public pressure the government had no choice but came out with an acceptable formula on the land premiums which is now known as A – B x C formula = D as amount of premium to be charged.

Value of Land
Although the government maintains that the value of the land does not include buildings in the land itself, but, it is a known fact that value of the land rises corresponding with the value of the building on it. Under section 2 of the Sarawak Land Code, the definition of land includes any permanent structures or things attached to the earth, then, how could the Minister said that land does not include permanent structures or buildings on the land for the purpose of evaluating the market value of the land? When the Minister said the market value of the land takes into consideration the commercial transactions of lands, locality, accessibility and etc, then, are not “etc” includes the value of surrounding buildings near to the land? How could the government twisted and fooled us again!

Take for example, are we going to say that the value of land within the golden triangle of Padungan, Jalan Ban Hock and the Tua Pek Kong Temple in Kuching should be the same in value to any land within the Batu Lintang or Pending Constituencies? This again is common sense as no where within the Batu Lintang or Pending Constituencies there are lands that have more valued buildings than that within the golden triangle which went to enhance the value of the lands there.

People in Kenyalang Park should also be cautious as the assessment of the market value of the land was based on the fact that Kenyalang Park was started as a low cost housing estate in which gave the Minister the confident to announce that land premiums for the renewal of a 0.4 acre land with 18 years more to expire is at RM2,600.00 as the said land was said as having a market value of RM31,800 only. For Kenyalang Park residents would you sell your land which has a remaining lease term of 18 years at RM31,800.00 while knowing very well of the recent rapid development within the area with a supermarket and a foreign university coming up soon?

Effect of Sections 27 & 47 of Land Code
Now, the next issue is that since section 47 of the Sarawak Land Code has not been amended to provide for an automatic lapse after two years. If section 47 conditions are imposed on the lands in Kenyalang Park, especially that near to the present upcoming supermarket near to the present Divisional Police Headquarters, then present houses which included those renewed to 60 years may give way or be acquired in the name of public development.

Since the current market value of the land upon which the land premium based is cheap, then the acquisition of the said land, if have been imposed under section 47 of the Land Code, especially those next to the present Divisional Police Headquarters shall also be cheap. Although one knew that as development within the said area was fast, the land value should also rise up accordingly. Under the Land Code the compensation for land placed under section 47 of the Land Code was normally based on value of the land at the time the land was placed under the said provision of section 47 and not based on the market price at the time of acquisition for public development. Such acquisition may only be realized, if any, say 20 years later, but, by that time the value of the said land placed under section 47 would have jumped up several times, but, one could only be compensated based on the market value at the time section 47 was imposed.

At the same time, under section 27 of the Sarawak Land Code, the outgoing proprietors of land shall have no right or claim against the government in respect of the value of any improvements that may be in existence on the land at the date of the expiration of the interest under which the land was held. So, if our land reverts to the government upon expiry of the lease term, the government pays us nothing! It was due to this reason DAP had all these years insisted the Land Code be amended to include for the automatic renewal of land leases without premiums. Please think!

Leases on Chinese Cemeteries Affected By Land Code
Another area regarding land ownership in which one has to be concerned with were cemeteries as when lands were alienated for such purpose as burial grounds or cemeteries the lease term was made pursuant to rule 13 of the Land Rules only allowed a lease term period of 99 years only. Then where should the dead go when the lease term expires and when renewals would not be allowed by the Director of the Lands Department? This is because without the automatic renewal of land leases, cemeteries in the years to come will have to be dug out and corpses will have to be taken out of the graves and be disposed off by other means alien to a person’s belief or customs.

At the same time, when lease terms of cemeteries become shorter, less dead would find their ways to the old cemeteries!

USE OF MANDARIN AND CHINESE EDUCATION

SUPP elected Members and Ministers in the Sarawak Legislative Assembly should understand the importance of preserving one’s culture and the need to use the Mandarin language as Chinese formed the second largest population in this country. Even though the unpleasant Hokkien word, “Cheymei” was directed at our DAP Chairman, Wong Ho Leng, in the course of a debate by Member from Pelawan, YB Vincent Goh Chung Siong, DAP is not perturbed by such word, because, we in DAP as clarified by our DAP Chairman, are not “cheymei”. We are not blind to the needs and suffering of the people.

SUPP needs to understand that the issue of education that had been hovering over our heads was not a recent matter, but, had been inherited by us from our great forefathers soon after they landed in this soil over a hundred years ago. Likewise were the Indians, they also inherited this issue from their forefathers who came from India and Pakistan. Both our Chinese and Indian population together with the malays then grew in numbers and when Malaysia was formed, the forefathers of these three races, sat down together to draft the Federal Constitution. It is in this Federal Constitution that our forefathers wished that this country will forever be a peaceful country and that we as their descendants, will forever live harmoniously, with each race respecting each other.

SUPP leaders should follow us in the DAP and should no more ignore the spirit and importance of the Federal Constitution.


PROTECTION UNDER FEDERAL CONSTITUTION

If SUPP read the Federal Constitution with magnifying glasses they will find for themselves that Article 12 allows the maintenance of educational institutions by public authority and also allows the provisions of funds out of a public authority from the purpose of education within or outside the Federation. Further, it is also clearly stated in Article 12, unless the generality in Article 8 applies, there should not be any discrimination against anyone in the field of education. Article 8 clearly speaks on non-discrimination against all persons.

Therefore, education is a responsibility of the government of the day and this burden should not be thrown to the community itself as to do so would be considered as discrimination against the particular community. Therefore, the government of the day under the Constitution has a legal, political and moral obligations to see the advancement of education of all races and the development of mother tongue languages and not for the education or mother tongue of one race alone. We in the DAP had in all these years been fighting hard to ensure that education and use of mother tongue languages of all races be maintained, protected and advanced and be provided for by this BN government and it is regretted that for 44 years since achieving independence and 37 years in the government, SUPP had done very little to achieve this.

SUPP also needs to be told that it is provided under Article 152 (1)(a) of the Federal Constitution that no person shall be prohibited or prevented from using or from teaching or learning other languages. Article 152(1)(a) if read together with Article 12 of the Federal Constitution, definitely goes also to the constitutional rights of the use, learning and teaching of own mother tongue language!

SUPP should also examine the operation of Article 152(1)(b) of the Federal Constitution which gives the government both the Federal and the State to preserve, and sustain the use and study of the language of any community, and this definitely includes the preservation, study and use of any Chinese dialects and the mandarin language. Therefore, if SUPP all these years had co-operated well with DAP, our Chinese and Indian communities could by now got the much needed annual government grants for Chinese and Indian education of mother tongues.

Now, who is “cheymei”, DAP or SUPP?

SUPP leaders could either be pretending to be blind, deaf and dumb when touching on the use the Mandarin language and Chinese education. We should do our utmost to promote the language and Chinese education so as in line with the concept of a multi-racial, multi-ethics and multi-religious society.

Being a multi-racial party, they should also supported the move made by DAP to have full-fledged dayak schools in the State at least up to primary 6 level.

SUPP should also take note nationwide, Chinese primary school fell from 1,288 in 1990 to 1,287 in the year 2005 although there was an increase of enrolment of students from 581,082 to 645,699 in the past 15 years. It is also regretted that SUPP was very helpless when the Deputy Education Minister, Datuk Noh Omar, told Parliament in September, 2007 that the Education Ministry had no plan to build any Chinese primary school under the Ninth Malaysia Plan. The Chinese community should blame this on SUPP!

If states like Sabah, Kelantan, Malacca, Penang, Perak, Kedah and Selangor could give annual grants in various forms to support Chinese-type schools and education, there is no reason why our Sarawak State government wishes not to give such much needed grant to the Chinese Community if SUPP had solicited these grants from the State government. SUPP should understand, Kelantan could even allocated 1000 acres of land in Lojing Highland to the management authority of the Chinese secondary schools in Kelantan.

USE OF MANDARIN IN DEWAN UNDANGAN SITTING

Therefore, SUPP should also understand that there is nothing wrong for DAP to raise the issue of using the Mandarin language in the Dewan Undangan Negri sittings and SUPP should have supported this move, but, SUPP were too scared to be sacked from by the State BN and instead accused that DAP had wanted to raise racial issues. Being a multi-racial party, DAP has a heart for every Malaysian. DAP would not and never will create racial tension and disrupt racial harmony in the country.

SUPP also needs to understand that since Standing Order No. 5 of the Standing Orders of the Dewan Undangan Negeri also provide for the use of native languages in debates of the Dewan Undangan Negeri, then, there is no reason why Mandarin should not be proposed and allowed as a language for debates in the Dewan Undangan Negeri. There are presently about 16 out of 71 ADUNs who are Chinese and SUPP has the most numbers of Chinese representatives in the current Dewan and there should be nothing to have SUPP hold on not to fight for the right of the mandarin language to be used in the Dewan debate.

SUPP should understand that section 4 of the Standing Orders of the Council Negeri made by His Excellency the Governor in existence of powers conferred upon His Excellency by subsection (2) section 33 of the Sarawak (Constitution) Orders in Council, 1956 confers the right to a Honourable Member of the august House to address in any other language and interpretation be allowed when as directed by the Speaker.

However, it is regretted that the presence of SUPP in the government and in the DEWAN had not only diluted the use of the Mandarin language, which at once time been allowed, but, had caused it from being abolished! SUPP had been in the Dewan earlier that the DAP and should have stopped the standing order from being amended so as to keep in line with the wishes of our forefathers that drafted the Federal Constitution. For this, there is nothing wrong for Sarawak Chinese to put blame on SUPP.

SUPP needs to understand that the drafters of the Federal Constitution had allowed the use and learning of all languages, but, to treat Bahasa Malaysia as the national language was with the view to maintain multiracialism and equality in this country. SUPP should not be blind to know that the our forefathers as drafters of the Federal Constitution was with the foresight that if rights and race are not treated equally, there would one day be chaos and plunder in this country.

Both YB Tan Sri Dr. George Chan and YB Dato’ Wong Soon Koh’s speeches in the Dewan about their Party’s stand clearly showed that SUPP is against the use of the Mandarin language in the Dewan and this definitely was against the spirit of the Federal Constitution and against the wishes of our forefathers who wanted to perpetuate a peaceful society. SUPP would one day regret that the slow and systematic process of the BN government in which SUPP is a partner, to deny the rights of other races to practice their culture and language by its inequality policy may cause unrest and bloodshed.

WHY RIGHTS NOT TAKEN AWAY IN CONSTITUTION

SUPP leaders should wake up and understand that although both the Alliance and the BN governments led by UMNO which never failed to attain two-thirds majority in Parliament since independence which could, by this, allowed UMNO to easily amend the Federal Constitution to abolish the rights of other Malaysian races from learning other languages including mother languages of all races in the Country, but, did not do so was a clear indication that UMNO knew that such rights as enshrined in the Federal Constitution, if abolished, could then, turn this country in anarchy.

UMNO knew that it has to preserve this right in the Federal Constitution and only took the political approach to slowly but systematically deny this right of others by way of imposing various policies that had undermined the use and development of languages and cultures of other races in Malaysia. Therefore, why SUPP all these years had no guts to speak for the right of the Chinese people seeking the use of the Mandarin language and other Chinese dialects to be used in the Dewan debates at least?

BRAIN DRAIN IN SUPP

SUPP needs to understand that there are many brilliant brains in SUPP, who could only speak mandarin and chinese dialects, but, not English or Bahasa Malaysia very well. SUPP leaders like Dr. George Chan and Soon Koh should not deny that there are among those within SUPP who could not speak Bahasa Malaysia or English, but, are equally good if not more brilliant than many English and Bahasa Malaysia speaking leaders within the Party. The policy stand taken by SUPP to deny the use of Mandarin in the Dewan and also in other official functions therefore went on to deny these Mandarin speaking comrades of theirs from being considered as election materials. These comrades of theirs could also help the people and the State of Sarawak to greater heights and prosperity.

To those comrades who just could command the mandarin language and other dialects, SUPP could only boast to keep them as kapitan, penghulu, pemanca and temenggong and there is no little wonder that small township area like Kenyalang Park, Kuching, has several kapitans, who operates from no office at all! This had brought shame to the community because without office to locate them, many if not most Chinese in the community do no know who these kapitans, penghulu, pemancha and temenggong were.

Is not this another “chemey” that deprived the people of Sarawak the benefit of more brilliant people to help run this State for the common good of all?

SUPP please think and work together for the common good of all Malaysians with Malaysian First Concept.

UMNO SUPREMACY VERSUS PEOPLE SUPREMACY

UMNO’s ability to lead this country since independence was its ability to capitalize on Ketuanan Melayu or Malay supremacy. Each time when there was a political crisis in the country, UMNO would come out to paint a picture that Malay rights were under seiged and has to be protected. The raising of the Kris in UMNO General Assembly was in the hope that Malays will forever be united under UMNO. If this could be the idea behind it, I would say UMNO Youth would be wrong! Both Hishamuddin Hussein and Khairy Jamaluddin are wrong in their way of displaying of Malay Supremacy over other races with the hope that all Malays could be united under UMNO. They are wrong because there are increasing numbers of Malays who do not wish to be united under UMNO despite the show of the Kris and despite the inflamatory skills of the orators in UMNO Assembly. The show of Ketuanan Melayu to them which they knew had and will not give them equality and justice and will also not make them Tuan or Masters over other races because the evils of NEP had haunted or deprived them of their rights and instead they became more bold to challenge UMNO.

Hishamuddin Hussein and Khairy Jamaluddin must understand that it would be bad and ugly if each race comes up with their own traditional weapon - the Chinese come up with a Kwang-Tow and the Dayaks with a Parang Ilang, Penans with the blowpipe (and so other races) in gatherings and assemblies and come to say that they were only showing off their cultural heritage and tradition. By showing and wavering these weapons they can like UMNO Youths tell people that it was nothing more than a symbolic gesture that they regarded themselves as protectors of their own race when knowing very well these could be very provocative and are symbols and show of aggression.

We don't need Hang Jebat, Hang Tuah, Rentap and Huang Fei Hung to rule this country! We need leaders like Tunku Abdul Rahman and Mahatma Ghandi who could unite people of all races and people of all walks of life, gained independence without bloodshed and be respected internationally.

In past years from the beginning NEP was formulated, UMNO had always used the National Economic Policy (NEP) to pull the malay population together to support UMNO, but can UMNO continue to fool us forever? You can fool a person one time, but, not all the time and you can fool some people, but, not all people and people are not fools at all times!

The NEP was supposed to help the bumiputeras, but, the real questions are who among the bumiputera that had benefited from this NEP? Was there equal distribution of the economic cake among the many indigenous bumiputera people of Borneo from the NEP? Then, again, who among the malay bumiputera should benefit from the NEP? Were those who benefited from the NEP belonged to UMNOputeras only or to only certain UMNOputeras in the corridor of power?

NEP was supposed to take care of all the bumiputeras equally, but, this NEP had failed. If there had been equal distribution of wealth and opportunities under the NEP then, there could not be any reason why in recent years many left UMNO with some joining other political parties or organizations and with PKR de facto leader Anwar Ibrahim and many Malay intellectuals coming out openly to criticize the NEP and seeking the NEP to be abolished. The only conclusion for this is that they saw no equality among the bumiputera to benefit from the NEP.

To the Chinese and Indians and other indigenous races in Borneo, to them NEP was supposed to eradicate poverty irrespective of race and colour, instead, NEP had made them very disillusioned that made them to call for the protection of their rights which saw some support from the Malays that were marginalized by UMNO and by those in the Corridors of Power.

A distinguished Dayak leader some years ago said that the Dayaks were very much lagging behind other races in Malaysia! Why this was so? If NEP did play a big role to raise their standard of living and livelihood, such a remark should not be forthcoming! It is a matter of time that Dayaks may rise up to demand better rights and to clear the rot! Dayaks are nice and obliging people, but, if we cornered them to an extent that they could no more breath, we may one day be sorry for Malaysia!

At the moment Dayaks always stood firm behind BN and UMNO must know Dayaks and other indigenious people in Borneo always in each election helped BN gain two-thirds majority in Parliament. UMNO should be thankful to them!

Sarawak has thousands of dayak longhouses and many of their native lands had been taken away and despite having joined Malaysia for 44 years, I could not find a single longhouse that has been given a title under the Land Code by the government! They had been left out politically and are squatters in their own land!

Now it is clear that the present crisis and problems in this country that sucks into the judiciary, police, Anti-Corruption Agency, Attorney-General's Office, the civil service and people in high places including Ministers was due to the failure of the NEP. UMNO should by now realize that the raising of the Kris would not help Malay and Malaysian Unity.Instead, it will further create disunity among races and among the Malay themselves.

Other races in Malaysia, especially, the Chinese had wanted the NEP to be abolished as it was not only seen as having the smell of apartheid and inequality, and inequaltiy is not only to other races, but also inequlaity among the malay themselves.It is a policy that will divide the many races in Malaysia further apart. UMNO should know that the NEP was a policy that created many Malay anti-establishment groups that now saw them marching with Chinese, Indians and other marginalized races to Dataran Merdeka yesterday demanding Malaysian rights, not Malay Rights and definitely Not Ketuanan Melayu and Not the showing of the Kris!

UMNO should know that these Malay anti-establishment groups will not forgive UMNO and will take the lead to challeng the Malays in UMNO. UMNO should realise it is no more an issue or race, but, an issue of rights, equality and justice for all.

The march to Dataran Merdeka which was successfully organized by Bersih is now a hope to all Malaysians irrespective or race, religion or creed to see People Supremacy challenging UMNO Supremacy which we hope can in the very near future change the political landscape of Malaysia.

A day will come where every Malaysia will respect Ketuanan Malaysia, Bangsa Malaysia, where there would be equaltiy and justice among Malaysians and where everyone be treated the same irrespective of colour, race or creed.

To Bersih and those who put put your lives in danger and who braved the rain and arrests, congratulations to you!!

Save Malaysia, save the rot!

砂州立法议会会议 10 大问题

以下是我在今年第二季即11月召开的卅立法议会上 ，将提出十项口头问题，要求有关部长回答.

这十大问题概括20题涉及民生， 电费抵押金，石油开采税，电流费，废铁收购，保障砂沙权益，改善主要城市公共交通，公共基本设施，建新诊疗所，提升砂卅成为体育强卅等问题。

以下为十项问题内容：

（1） 询问能源策划部长

（i） 是否能以用户缴予砂电力机构的抵押金所得利息，作为缴还用户部分电流费或把利息归还用户，假如不能这样做，为什么？
（ii） 从工业用户，商业用户与家庭用户所收到的抵押金有多少？这些抵押金供作什么用途或何种投资？假如是这样，请给予完整详情。
（iii） 工业发展部长于2007年5月18日透露，公众要求检讨工业电流费猛涨，我们是否能知道当局采取什么行动与建议？
（iv） 由於电费涨价导致必需品水涨船高，当局是否能调低家用电费，以纾缓 人民生活沉重负担？假如不能，为什么？

（2） 询问基本设施发展部长

（i） 要多久才能修建或提升巴都林当选区以下在许久前已要求改善的道路： (1). 金生路 （2）英丹路 （ 3）凤梨路 （4）东方花园路 （5）香蕉露西段 （6）云天花园路 （7） 格巴央路 （8）盐柴港乌鲁第六巷？
（ii） 为何在巴都林当选区，以下道路只有部分路段获修建，虽然已要求整条路进行修建？（1）安沙娜路 （2）中路。

（3） 询问财政部长

（i） 自从2006年5月砂州大选后，砂州政府或代表有采取什么行动去向联邦争取提高石油与煤气开采税及管理产品权利？假如在这段时间已在争取，请公众详情。假如没有采取行动争取，原因何在？
（ii） 是否能把石油与煤气开采税所得，以每月分发福利金的方式，让州内乐龄人士与低收入者受惠？假如不能这样做，原因何在？

（4） 询问财政部长

在过去5年砂州的每一个联邦部门每年收益多少？在这期间的总收益，有多少会拔回给砂州充作发展和砂州用途？

（5） 询问地方政府部长

（i） 把1946年二手商业品交易法令延伸到砂州面对什么难题？砂州政府在过去一年采取什么跟进行动？
（ii） 在过去3年，有多少公司和人士因涉嫌偷窃和收购贼赃包括金属和废铁而被补及控上法庭？他们遭遇到什么惩罚？
（iii） 政府是否有追查涉及商业化偷窃和收购废铁与失窃金属贼赃的集团或操控者？政府采取什么行动来遏止他们的非法活动和政府的行动取得何种成效？

（6） 询问首席部长

（i） 砂州政府是否将成立一个成员包括反对党州议员和砂州闻人的特工队，以检讨及以联邦政府再协商在成立马来西亚时达致保护砂沙两州的20 点契约？假如没有这样的打算，原因何在？
（ii） 砂州政府是否将成立一个委员会，深入研究，在20点契约下砂州的权益仍获得保护吗？假如没有，为什么？砂州政府将采取什么补救行动？

（7） 询问基本设施与通讯部长

（i） 自从邀请地方议会作出改善建议后，砂州政府采取什么行动来改善砂州主要城市地区的公共交通，特别是古晋，美里与诗巫？
（ii） 砂州政府迄今是否已要求联邦政府协助研究一项砂州公共交通系统长期计划？我们也要求聆听有关发展，建议和推行 简报。

（8） 询问城市发展部长

鉴於古晋达闽再也，实都东徙置区与BDC地区人口剧增，是否在接下来3年会在这些区内提供下列的公共设施：（i）政府卫生诊疗所 （ii）公共图书馆 （iii）乐龄人士娱乐中心 （iv）一个体育场所？假如没有的话， 原因何在？

（9） 询问财政部长

根据国家稽查局报告，当局在1999年耗资1千5百65万令吉，充作提升巴都林当水务局第一座大厅，然而却没有启用；1998年建设的食水过滤站也没有获古晋水务局启用，请问当局采取什么行动应对？

(10) 询问社会发展与城市化部长

（i） 砂州体育理事会采取什么策略使砂州到2010年成为体育强州，如足球，羽球，田径和赛车？
（ii） 假如这些策略已拟定和推行，成效如何及应该怎样进一步提升这些策略？


谢谢

ABOLISH INTERNAL SECURITY ACT 1960

We already have too many laws like the Police Act 1967, the Penal Code and Society Act 1966 that control human rights and freedom and the worst of these law is the Internal Security Act 1960 (ISA). It was the legislation that saw on 27 October, 1987 being used to arrest 106 Opposition politicians and Chinese academicians by the Mahathir Regime. Mahathir’s name will be remembered for generations to come and during his regime no judges were daring enough to say that ISA was a draconian law that curtailed human rights and dignity. It will go into history that political parties like SUPP and PBB and those in the BN government during the Mahathir regime will also be remembered for not daring to seek this draconian law, ISA abolished. Their leaders would also be remembered as puppets of Mahathir with blind obedience to the master.

The ISA was in actual fact a vicious weapon where the police could detain under section 73(1) of the Act a person without a reason and without trial for a period of 60 days without any court order. The minister at the end of the period could allow further detention of the detainee and those being detained normally had not the heart to challenge the legality and constitutionality of the law as they knew very well that their challenge in court would be futile.

ISA A DRACONIAN WEAPON
It was a weapon that kept people blind, deaf and dump and the end result was that society became more corrupt and law enforcement officers and politicians in power became more abusive and arrogant in their acts as if the laws were created by them and for them to wield as they like. In the years of abusing the law, the system became more decayed and corruption index increased each year making Malaysia one of the most corrupt countries in this planet! Indonesia and the Philippines after the fall of Suharto and Marcos governments saw some improvement ahead of Malaysia while Malaysia kept on sliding in the corruption transparency index.

Maybe things will be better for Malaysia if BN government falls and a new government take over. A new government will surely turn the carpet around and those who are corrupt will be arrested and brought to justice and be made to pay for their sins.

The treat of arrest under ISA also saw fear among Malaysians to expose the ills of Executive and the Judiciary. This could be seen despite the controversial tape of a senior lawyer talking over a phone to a judge of fixing promotion of judges being exposed, until now no one dared to come forward to claim responsibility for the video tapping of the conversation. The billions of ringgit in the many financial scandals which included the Perwaja Steel, BMf and bailouts of crony companies will remain unsolved and became ghosts that will also haunt generations to come.

HOPE IS COMING!
Times has changed and Malaysia now begins to see some hope after the judgment of Justice Hishamuddin Mohd Yunus on 18th October, 2007 on a suit filed by Abdul Malek Hussin who was detained for 57 days under ISA in which the said Judge said the detention violated human rights and with that the government was slapped with RM2.5 million in damages.

This judgment should send a clear signal to law enforcement officers that they should not abuse their power of arrest and detention. Anwar Ibrahim, the PKR Advisor when detained by the police landed with black eye, like his friend, Abdul Malek, also saw justice when a former Inspector General of Police was convicted and sentenced to jail for causing Anwar’s black eye. The black eye is now a catalyst to many freedom and human rights movements and now Malaysians became more conscious of their rights and the importance of freedom and human dignity. These movements grew stronger and kept swelling and soon come this 10 November, 2007, we will see 100,000 strong people marching to Dataran Merdeka to demand justice, freedom and democracy.

ISA A SHAME TO CIVIL SOCIETY
ISA is a shame to a civil society and we should abolish it. To preserve it, is to preserve dirt in our home and society will not be progressive. With ISA still creating fear over the heads of Malaysians, the controversy surrounding the buying of Sukhoi jets and submarines of which DPM Najib was speculated playing a major role will forever will not be exposed.

Likewise we will forever not know how Ramli Yusuf, the Director of the Commercial Crime Investigation Department of the Police Department in Bukit Aman was said to have undeclared assets of RM27 million. Ramli Yusuf was a known officer in Sarawak having served here for a while some years ago and the people in the State also like to know whether he is a victim of some politicking within the Police Force or investigation into his case was caused by powerful people in the corridors of power. This will forever not be exposed. The Anti-Corruption Act itself ha a provision to seal the lips of those who could expose hanky-panky dealings and I think most of us also want to know whether Ramli Yusuf had such wealth.

The Inspector General of Police who was once investigated for allegation of corruption before Ramli Yusuf’s case has said there is no rift between officers within the Police Force. Now nobody dare to speak and asked what had happened to corruption in the Police Force, otherwise, ISA will come and knock at our door.

So if we want to know hanky panky dealings and that human rights be better protected, Malaysians must stand to seek this draconian law, ISA to be abolished.


POSTED by Voon Lee Shan

SHOULD WE STILL TRUST SUPP IN PROTECTING OUR RIGHTS?

SUPP concept of multiracialism has changed greatly after the Party joined the state government on the morning of Tuesday July 7, 1970. The Party did not hold true to their struggle of multiracialism since early 1960s which saw strong Dayak leaders like Jonathan Banggu and Charles Linang leaving the Party. Now, SUPP claims to protect the rights of the Chinese community, but, the question is can we still trust them after many of the chinese rights had been systematically eroded by the BN government? I am not here a racist and in politics I had fought for a fair Malaysia for all races irrespective of creed and colour. I posed that question because of the stand taken by SUPP leaders in things they did in the past seems only to the direction of protecting chinese rights and chinese community. They even claimed that only through SUPP chinese rights could be better protected where development and prosperity could be better guaranteed. However, my humble observation over the years is that the Chinese Ministers in SUPP, their YBs and those close to them became richer and richer, while the common people were crying for milk and found life difficult at ends.

The Chinese community should realise that SUPP is no more a progressive party in protecting the rights of the community. For example, during British colonial time, Kuching had five chinese schools, that is, CHPS No.1-5, but we only got one more in 1996 and until now no more. This is disgraceful and with the growing chinese population in the city, SUPP being in the government should be able to fight more for the community, but, what had they done? People in Tabuan Jaya/Stutong/BDC area had been looking forward for a chinese school to be built, but, until now we still could not see one.

We also need roads in the mandarin languange and the use of the language in the public announcement system of the Kuching International Airport to attact more chinese tourists from China and from other chinese speaking countries to boost local business and tourism. but, It seems that SUPP was not playing a proactive role in promoting the language for the good of the economy of the State. How can we expect people from China, Taiwan, HongKong and Singapore visit Malaysia, especially, Sarawak, when they could not understand the language use upon arrival to plan their travel and stay here?

In the field of economy, there should no more such thing as Never Ending Policy of NEP which also did not benefit the majority poor bumiputera. It benefited those bumputera politicians and their cronies in the corridors of powers. The poor malays and dayaks did not properly benefitted from the NEP. What we could hear is Mahathir's son became millionaire and Taib's son enjoys much better life while many in the kampungs still have to work from dawn to dust.

Posted by VOON LEE SHAN

SABAH & SARAWAK SHOULD RENEGOTIATE ROYALTIES ON OIL AND GAS

44 years in Malaysia, Sabah and Sarawak still got a paltry 5% royalty for oil and gas produced. 95% of this revenue went to the Federal Government to develop roads, airports, government complexes, the Twin Towers and other infrastructrues in West Malaysia and the result is that West Malaysia became very much developed at the expense of these two states. In terms of development Sabah and Sarawak can easily be 44 years behind West Malaysia. Enough is enough! The State governments of Sabah and Sarawak should by now in the interest of Sabahans and Sarawakians form a Task Force to renegotiate these oil and gas royalties with the Federal Government and take back all of our oil and gas rights. We should demand 100% of the oil and gas back, not 10% or 20% etc as suggested by many quarters. These are our properties and should be manged by us. Sabah and Saraawak should even demand profits derived from businesses of KLIA, Highway Tolls etc. where oil and gas money from these two States were used as investments for these facilities. There would not be any point at all to give us our oil and gas money back, even 100% back, when our oil wells and gas reservoirs dried up. Its just a matter of time, maybe within the next 20 years Sabah and Sarawak will no more have oil and gas.

We should by now also be able to enjoy cheap petrol and gas besides enough money be given to all families in both Sabah and Sarawak to make them happy each year for Hari Raya, Chinese New Year, Gawai Dayak, Deepavali and for other festive celebrations. Old folks should by now be able to enjoy some sort of money allowances so that they could lead a more meaningful and happy life in their twilight years.