Month: November 2016

Michael Peel in Bangkok
Financial Times
10th Nov 2016

Region’s autocratic leaders look for change in US approach after Obama years

Donald Trump’s election win has thrilled autocratic leaders in several countries in Southeast Asia, an area of strategic and security focus during the Obama years. Some have bridled in the past against US criticism of their human rights and corruption records. Most are strongmen who might see in Mr Trump’s victory a tacit endorsement of their tactics — and a repudiation of the outgoing Washington administration’s agenda.

Outspoken Philippine President Rodrigo Duterte welcomed the election of a man he appears to see as a kindred spirit — and as having the potential to patch up relations that have frayed amid US criticism of his bloody war on drugs. Mr Duterte, who has called President Barack Obama a “son of a bitch” and told him to “go to hell”, noted that he and Mr Trump were “both making curses. Even with trivial matters we curse.” He also said he hoped he could now stop arguing with Washington, whose longstanding security alliance with Manila is crucial to the US military presence in Asia’s seas. Mr Duterte has attacked Washington frequently, announcing a “separation” from the US and claiming it has treated the Philippines like a dog tied to a post. There may yet be obstacles between the two new leaders, however: Mr Trump last month said Mr Duterte’s pledge to expel US troops from the Philippines showed “a lack of respect for our country”.

Malaysia’s Prime Minister Najib Razak appeared jubilant at a result he claimed was a sign voters wanted fewer “foreign interventions” by the US. Mr Najib has faced the embarrassment of a US investigation that has alleged billions of dollars were looted from Malaysia’s 1MDB state investment fund, whose advisory board he used to chair. A US Department of Justice lawsuit to recover $1bn in assets allegedly bought with stolen 1MDB money claimed in July that $681m had been paid into the account of “Malaysia Official 1”, whose biography matches Mr Najib’s. The Malaysian leader has always denied any wrongdoing and his government has stifled efforts to investigate the 1MDB case in Malaysia. Now he has the chance to develop his relationship with a new president whom, according to the statement, he already knows. “I congratulate him on this extraordinary victory, and look forward to meeting him again soon,” Mr Najib said. Continue reading “Southeast Asia’s strongmen revel in Trump victory”

BY AMY CHEW
South China Morning Post
9 NOV 2016

Malaysian Prime Minister Najib Razak is apparently US president-elect Donald Trump’s golfing buddy and “favourite Prime Minister”. Given the ties between the two men, some observers expect the relationship between…

Malaysian Prime Minister Najib Razak is apparently US president-elect Donald Trump’s golfing buddy and “favourite Prime Minister”.

Given the ties between the two men, some observers expect the relationship between Muslim-majority Malaysia and the US to remain good despite Trump’s anti-Muslim rhetoric during his bitterly fought campaign.

“Next to the prime minister’s chair in his office is a photo of him and Trump. It is signed by Trump with the words “To my favourite Prime Minister”, a Malaysian government source told This Week in Asia. “They are golfing buddies,” he said, adding the picture was taken “not too long ago”.

The government-owned New Straits Times quoted Najib as saying he “personally knows Trump and the president-elect is no stranger to him.” Continue reading “HOW WILL NAJIB’S GOLFING BUDDY TRUMP TREAT MALAYSIA’S 1MDB PROBE?”

Instead of being referred to the Parliamentary Committee of Privileges, the MACC Chief Commissioner Dzulkifli Ahmad should volunteer to appear before the Committee of Privileges explain his offence of parliamentary contempt in his 100-day “Open Warkah” yesterday
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To mark his 100th day in office yesterday, Dzulkifli issued an Open Warkah (Open Letter) which, among other things, referred to Members of Parliament when he told YBs to “stop fooling the people”

In his “Open Warkah”, he urged YBs not to betray the people and not to fool the people with fairy tales while at the same time engaging in corruption.

Dzulkifli told MPs:

“Don’t be swayed by the desire to be praised and raised on thrones, to the extent of neglecting judgement and (public) interests.

“Stop lulling the people with fables and fairy tales which hide the truth, when at the same time you greedily grab the spoils of corruption
Without mentioning names, Dzulkifli also warned those who are mired in corruption to turn themselves in to the authorities before it is too late.

“To those still drunk and drowning in graft, heed this warning. For the last time, stop this betrayal of corruption and abuse of power.

“Surrender. Stop foolishly beating your chest, lest you risk your life and limbs and fall into tragedy.”

Continue reading “Instead of being referred to the Committee of Privileges, MACC Chief Commissioner Dzulkifli Ahmad should volunteer to appear before Committee of Privileges to explain his offence of parliamentary contempt in his 100-day “Open Warkah””

During the final winding-up of the 2017 Budget debate yesterday, I asked the Second Finance Minister, Datuk Johari Abdul Ghani whether and how the three former Cabinet Ministers, MP for Pagoh and former Deputy Prime Minister, Tan Sri Muhyiddin Yassin, MP for Semporna and former Rural and Regional Development Minister, Datuk Seri Shafie Apdal and the MP for Tambun and former Second Finance Minister, Datuk Seri Abdul Husni Hanadzlah had violated Cabinet secrecy when they took part in the debate in Parliament on the budget.

Johari was unable to give a cogent and intelligible answer.

I in fact asked Johari why he dared not repeat inside Parliament what he had earlier said outside the Parliament chamber, that it was not wrong for MPs and former Cabinet Ministers like Husni to ask questions about 1MDB in Parliament.

There was no answer from Johari.

Although the Second Finance Minister, the Minister tasked with the final reply on the 2017 Budget speech, does not know that the three former Cabinet Ministers had violated Cabinet secrecy, the Speaker Tan Sri Pandikar Amin Mulia seemed to know more about Cabinet secrets about the 1MDB than Johari with his media conference statement on Thursday, 27th October that the three former Cabinet Ministers might have broken their oaths of secrecy when debating the 2017 Budget.

This has shocked many lawyers and law professors, as well as the former longest-serving Attorney-General, Tan Sri Abu Talib Othman, who was AG for 13 years from 1980-1993, who expressed surprise and questioned how the Dewan Rakyat Speaker knew that three former ministers had revealed government secrets when they raised the 1MDB issue during budget debate.

Abu Talib wondered how Pandikar, as head of the legislature, knew that the Cabinet had discussed the 1MDB issue. Also, how did he know what was discussed was classified information.

Abu Talib asked whether somebody had told the Speaker about it, and if so, Speaker should have lodged a police report against that very person who told him.

However, this most important question is whether Pandikar had committed a crime under section 124(B) of Penal Code of an activity “detrimental to parliamentary democracy” when he egged on police investigations of three former Cabinet Ministers for their speeches on 1MDB in Parliament – especially as the police seemed to be using Section 124(B) against all and sundry, including university students and peaceful critics of the government-of-the-day! Continue reading “Had Pandikar committed the crime under section 124(B) of Penal Code of activity detrimental to parliamentary democracy when he egged on police investigations of three former Cabinet Ministers for their speeches on 1MDB in Parliament?”

The 2016 Transparency International (TI) Corruption Perception Index (CPI) will be made public in a month’s time.

Will Malaysia’s ranking improve or deteriorate?

In the TI CPI 2015 report, Brazil was specifically mentioned as follows:

“Dealing with many entrenched corruption issues, Brazil has been rocked by the Petrobras scandal, in which politicians are reported to have taken kickbacks in exchange for awarding public contracts. As the economy crunches, tens of thousands of ordinary Brazilians have lost their jobs already. They didn’t make the decisions that led to the scandal. But they’re the ones living with the consequences. “

Brazil was ranked No. 76 out of 168 countries, with a CPI score of 38 out of 100 and was one of the five countries named whose CPI had deteriorated compared to previous years.

Will Malaysia be dishonourably named in the TI CPI 2016 Report, especially with Malaysia recently regarded world-wide as a “global kleptocracy” after a spate of disastrous developments in province of kleptocracy, in particular the US Department of Justice (DOJ) forfeiture suit of US$1 billion 1MDB-linked assets in the United States, United Kingdom and Switzerland arising from US$3 billion international embezzlement and money-laundering and the the regulatory and criminal actions taken by over half a dozen countries connected with 1MDB kleptocracy, including the Switzerland, United Kingdom, Singapore, Abu Dhabi, Hong Kong and Australia? Continue reading “China is catching “tigers” and Indonesia “crocodiles”, why is Malaysia not catching “sharks” in the war against grand corruption?”

Kee Thuan Chye
Malaysiakini
4 Nov 2016

In all its years functioning as a responsible media organisation, Malaysiakini has been doing the right thing. As a former journalist, I have watched its progress through the years and can vouch for its steadfastness in adhering to the ethics and principles of journalism.

But it is now being investigated for carrying out activities detrimental to parliamentary democracy.

This is totally absurd.

That it should be singled out to be persecuted by the Malaysian authorities is a testament of how deep into the mud of absurdity our country’s leaders are pushing Malaysia into.

Our leaders are going mad. Continue reading “In defence of Malaysiakini”

The video on 50 years of DAP we saw at the beginning of the Convention reminds us of the DAP leaders and activists who had slogged and sacrificed for the party, not for any personal gain or benefit, but for the DAP ideals and principle which inspired and motivated them.

As a DAP member and leader for 50 years, I can speak with knowledge and authority that this is the great difference between DAP leaders and members from those who joined the parties in the ruling coalition – that unlike their counterparts in the ruling parties, members and leaders in the DAP joined and are in politics not because of money, business opportunities, position or titles, or even to be Members of Parliament or State Assembly representatives, but because of their patriotism, ideals and commitment to the DAP cause of justice, freedom, equality and a better Malaysia for all Malaysians.

We are reminded by the video of the past DAP leaders who have contributed through their sacrifices and struggles which formed the basis for the DAP’s present success in Penang, but who have now left us, in particular Karpal Singh, P. Patto, Chian Heng Kai, Peter Dason, Tan Loo Jit and N. Shanmugam.

DAP thanks the Penang State Government for naming roads after Karpal, Patto and Heng Kai in appreciation and commemoration of their patriotism, service and sacrifices to the welfare of the people, state and nation. I understand that a road has been earmarked to be named after Peter Dason, and I urge the Penang State Government to also commemorate the patriotism, services and sacrifices of Loo Jit and Shanmugam so that they could all be role models for the new generation of Malaysians in Penang. Continue reading “Najib should learn from the anti-corruption campaign in China where some one million officials, from Ministers and other “tigers” downwards, were punished in the last three years to ensure that Malaysia is famed as one of the top countries for anti-corruption”

Wade Shepard
Forbes
Oct. 24, 2016

China is a country that rose to the top on the back of vibrant markets with weak institutions, and the lack of enforced regulations led to a very dynamic business climate where deals were not hamstrung by red tape and money feverishly cycled between both the white and black spheres of the economy.

“The first step of development is always to build markets with weak institutions,” said Yuen Yuen Ang, the author of How China Escaped the Poverty Trap, a book which flipped the conventional wisdom about emerging markets on its head. “Meaning, it may look corrupt, it may look like you have the wrong types of practices and the wrong types of property rights, but it’s all about people making use of the existing institutions they have to stimulate market activities.”

Ang related how in the early 80s, when China was searching for ways to initially spark its economic renaissance, virtual armies of bureaucrats were directed to use their personal relationships to find investors for development-related projects.

“They make use of expenses that would strike us as kind of a corrupt system, because these bureaucrats are unleashed to go out to do development, look for investors, and they are given very powerful monetary incentives. . . There are explicit rules, sometimes even written down in documents, where as a bureaucrat you can collect five percent of the value of investments that you bring in, for example.” Continue reading “Why China Is Cannibalizing Its Own Economy To Combat Corruption”

― Lim Wei Jiet
Malay Mail Online
November 5, 2016

NOVEMBER 5 ― Of late, there have been statements by ministers and authorities which seem to have blamed Bersih for the threatening menace of the Red Shirts come November 19.

Khairy Jamaluddin, in his infinite wisdom, said: “…if Bersih does not do anything, the reds would certainly not do anything, so the burden lies on Bersih. The best way is to not allow the Bersih 5 rally to happen”. The Home Minister, Datuk Seri Ahmad Zahid Hamidi similarly opined: “You see, if there is no yellow, there will be no red. If there is no Maria Chin, there will surely be no Jamal Yunos”.

With respect, such line of thinking is simply erroneous. Imagine this scenario ― a group of students are enjoying a game of football during P.E. lesson. The school bully appears from nowhere, pushes several students to the ground and snatches the ball away like the jerk he is. A brouhaha ensues. The teacher comes along and not only does omit to discipline the bully, but proceeds to scold the students for causing him problems and orders the students back to class.

How’s that for logic?

One can’t put it more simply than O’Brien J in R v. Londonderry Justices (1891) 28 LR Fr. 440: “If danger arises from the exercise of lawful rights resulting in a breach of the peace, the remedy is the presence of sufficient force to prevent the result, not the legal condemnation of those who exercise those rights”

In other words, stop the bully, not reprimand the peaceful demonstrators! Continue reading “Demonstrations and counter-demonstrations ― Where lies the government’s duty?”

Former Cabinet Minister Tan Sri Sanusi Junid has confirmed that he will attend with former Prime Minister Tun Mahathir Mohamad the meeting in Parliament on Tuesday of Members of Parliament (including former MPs and Ministers) to discuss the country’s latest constitutional crisis on the doctrine of separation of powers and how to defend Parliament and MPs’ parliamentary privileges and immunities against insidious police encroachments.

Inspector-General of Police Tan Sri Khalid Abu Bakar said yesterday that “3 ex-ministers under probe over 1MDB statements” (New Straits Times 5/11/06 headline p. 10) and this is most shocking for two reasons:

Firstly, when did the police have free roving liberty to investigate speeches by MPs (whether former Minister or not) made in Parliament, as if MPs’s traditional and constitutionally-entrenched parliamentary privileges spelt out in Article 63 (2) of the Malaysian Constitution and the Houses of Parliament (Privileges and Powers) Act 1952 do not exist in the eyes of the IGP.

Should MPs submit their speeches to the police for approval before they are delivered in Parliament. Is this what Malaysia has become, in the eighth year of premiership of Datuk Seri Najib Tun Razak?

Secondly, is the IGP through his arbitrary and unconstitutional action sending out a message that 1MDB issue is a “banned” subject in Parliament, as MPs who raised the issue of 1MDB in Parliament could be next in line of police’s interrogation when the three ex-Cabinet Ministers could be targeted by the police for speaking in Parliament on 1MDB?

Khalid’s statement yesterday has laid bare the frightening and even Kafkaesque nature of the constitutional crisis on the doctrine of separation of powers among the Executive, Legislature and Judiciary which has been suddenly sprung on the nation when he said that the police had enough reasons to investigate former Deputy Prime Minister, Tan Sri Muhyiddin Yassin, former Rural and Regional Development Minister, Datuk Seri Mohd Shafie Apdal and former Second Finance Minister Datuk Seri Ahmad Husni Hanadzlah as there was no immunity from seditious statements in Parliament. Continue reading “Sanusi confirms he will attend with Tun Mahathir the meeting in Parliament on Tuesday of MPs (including former MPs and Ministers) to discuss how to defend Parliament and MPs’ parliamentary privileges and immunities against insidious police encroachments”

Overnight, Malaysia is faced with a major constitutional crisis with the gravest threat in the nation’s history on the proper place and power of Parliament in our system of governance and the traditional as well as constitutionally-entrenched parliamentary privileges and immunities of Members of Parliament, regardless whether from the government or the opposition.

Central to this constitutional crisis facing Malaysia is whether the Speaker, Tan Sri Pandikar Amin Mulia, is capable of leading MPs to fend off the Executive and Police threats to parliamentary privileges and immunities by arbitrary, unconstitutional and illegal assumption of non-existing powers against Parliament?

The latest incident in the insidious subversion of Parliament’s proper role and place in the Malaysian system of governance, based on the doctrine of separation of powers among the Executive, the Legislature and the Judiciary, is the shocking announcement by the Inspector-General of Police, Tan Sri Khalid Abu Bakar that the police are now investigating former Second Finance Minister Datuk Seri Ahmad Husni Hanadzlah for sedition over his speech in Parliament about 1Malaysia Development Berhad (1MDB), aside for alleged violations of the Official Secrets Act (OSA) 1972.

The Inspector-General of Police made the nonsensical statement that Husni’s case is also classified under the Sedition Act because the investigation into the state investment firm was still underway and that talking about it might jeopardise the process.

He said: “Even in Parliament, it doesn’t give an MP the immunity against the Sedition Act to speak about such matter(s).” Continue reading “Is Speaker Pandikar capable of leading MPs to fend off Executive and police threats to parliamentary privileges and immunities by arbitrary, unconstitutional and illegal assumption of non-existing powers against Parliament?”

Tan Sri Pandikar Amin Mulia, who had been the eighth Speaker of Dewan Rakyat, should have known of the famous parliamentary episode in the United Kingdom some four hundreds years ago on 4th January 1642 when King Charles I entered the House of Commons to arrest five Members of Parliament for high treason.

When the King asked the Speaker at the time, William Lenthall, if he knew of the location of these members, the Speaker famously replied:” “May it please your Majesty, I have neither eyes to see nor tongue to speak in this place but as the House is pleased to direct me, whose servant I am here; and humbly beg your Majesty’s pardon that I cannot give any other answer than this to what your Majesty is pleased to demand of me.”

I am not suggesting that Pandikar should emulate William Lenthall and be prepared to sacrifice his political career let alone his life to protect Parliamentary honours, privileges and immunity, but I stand corrected if he is not the only Speaker in the world to openly suggest – or to use the words of Tun Mahathir’s lawyer, Haniff Khaliri, “incite” – police reports or police action against Members of Parliament when he called a media conference last Thursday to suggest that the three former Cabinet Ministers, former Deputy Prime Minister Tan Sri Muhyiddin Yassin, the former Rural and Regional Development, Datuk Seri Shafie Apdal and the Second Finance Minister, Datuk Husni Hanadzlan might have broken their oaths of secrecy as Cabinet Ministers when debating the Budget 2017 in Parliament – which was as good as a public reprimand of the Attorney-General and the Inspector-General for dereliction of duty and instigation for them to act against Muhyhiddin, Shafie and Husni.

I have re-read the speeches of Muhyiddin, Shafie and Husni in the Parliament Hansard, which confirm that neither one of them had said anything during their speeches in the 2017 Budget debate to reveal any Cabinet secret which Malaysians and the world have not known before about the 1MDB financial scandal. Continue reading “Call on Najib to come to Parliament on Monday to give assurance that his government would uphold and respect traditional parliamentary privileges and he would not countenance any police or criminal action against MPs for speaking up in Parliament on the 1MDB scandal”

The Speaker, Tan Sri Pandikar Amin Mulia should retract his media conference statement last Thursday that the three former Cabinet Ministers, former Deputy Prime Minister Tan Sri Mujhyiddin Yassin, former Rural and Regional Development Minister, Datuk Seri Shafie Apdal and the former Second Finance Minister Datuk Seri Husni Hanadzlah might have broken their oaths of secrecy as Cabinet Ministers when debating the Budget 2017 in Parliament, as it was such ill-advised and unfortunate statement by the Speaker which triggered off a chain of deplorable events – like the baseless police reports lodged by busybody-NGOs, the Malaysian Malay Network Organisation (JMN) and Kuala Lumpur Federal Territory N87 Club, and police action to investigate the three former Cabinet Ministers.

If the Speaker had not made the ill-advised and improper statement at last Thursday’s media conference, it would not have triggered off this chain of unfortunate and deplorable incidents.

Pandikar should accompany the retraction with a bold and clear-cut statement reaffirming the traditional parliamentary principle that MPs enjoy parliamentary privileges and immunity and the police should not challenge the parliamentary privileges of Members of Parliament except in clear-cut cases provided by the Constitution. Continue reading “Pandikar should retract his media conference statement last Thursday which led to police reports and police probe into three former Cabinet Ministers for their speeches on 1MDB in Parliament and reiterate parliamentary principle that police should not challenge MPs’ parliamentary privilege and immunity except in clear-cut cases provided by the Constitution”