Rabu, 30 Jun 2010

Lim Kit Siang

Lim Kit Siang


Forum: Kemelaratan Rakyat Sabah di Lembah Kelang

Posted: 30 Jun 2010 12:27 AM PDT

View DAP’s Points of Interest in a larger map Download as PDF

MACC cancels London interview with PI Bala

Posted: 30 Jun 2010 04:26 AM PDT

By Aidila Razak | Malaysiakini The Malaysian Anti-Corruption Commission (MACC) will not record the statement of private investigator P Balasubramaniam in London after all. Instead, it will submit questions to his lawyers and request that the witness responds in the form of an affidavit, MACC deputy commissioner Mohd Shukri Abdull told a press conference today. [...]

Chong Eng

Chong Eng


章瑛呼吁女性勇于出任公职,以不辜负首长的赏识

Posted: 28 Jun 2010 07:41 PM PDT

有调查显示,女性代表人数和妇孺及家庭课题的受重视度有关。越多女性议员的国会,妇孺及家庭课题越受到关注,因此,槟州政府赏识女性,乐于委任女性担任政府高职乃高瞻远瞩。

Let's move Penang Forward

Let's move Penang Forward


陈清凉人嘴竟长象牙!

Posted: 29 Jun 2010 07:47 PM PDT

Philosophy Politics Economics

Philosophy Politics Economics


Trip To Australia

Posted: 30 Jun 2010 07:56 AM PDT

Hi all, I'm in the midst of planning a trip to Australia, more specifically the cities of Adelaide, Melbourne and Sydney for about 8-9 days starting 18 September.

If there are Malaysians, university students or working professionals who would like to help organise a gathering/forum cum a mini-fundraiser in these cities, please do contact me so that I can make the necessary arrangements. I can be reached at tonypua@gmail.com.

It will be my first trip to these cities. See you at the Land Down Under! ;-)

The Perfect Scam?

Posted: 30 Jun 2010 02:37 AM PDT

Will Kuala Dimensi Sdn Bhd (KDSB) get away scot free for not paying RM328 million in outstanding taxes?

The Port Klang Authority (PKA) is due to pay the next instalments amounting to RM772 million in 2010 to various bondholders on behalf of Kuala Dimensi Sdn Bhd (KDSB). The latter which is owned by Barisan Nasional Backbencher's Chairman in parliament, Datuk Seri Tiong King Sing, is the main contractor for the controversial Port Klang Free Zone (PKFZ) white-elephant project which may cost the government up to RM12.5 billion.

Despite the fact that PKA has sued KDSB for up to RM1.4 billion for fraudulent and excess claims last year, the former was instructed by the Ministry of Finance to make an instalment payment of RM660 million in 2009 due to the fact that the former Minister of Transport, Tan Sri Chan Kong Choy, having provided a guarantee to the bonds raised by KDSB.

However, it has now been discovered that KDSB has outstanding taxes due to Inland Revenue Board (IRB) amounting to RM328.4 million. The IRB has in its letter dated 23 June 2010 to PKA instructed that any payments due to KDSB must have the unpaid taxes deducted, and made payable to IRB. The IRB is empowered to do so under the Section 67(4) and 68(1) of the Income Tax Act 1967.

PKA has accordingly informed the various KDSB bondholders of its intent to withhold 2 payments – RM230 million due on 30 June 2010 and RM120 million due in July 2010 – for the purposes of settling the outstanding income taxes of KDSB.

The KDSB bondholders are understandably upset with the development as there is a likelihood tha they may not be paid for the loans extended to KDSB. However, based on the previous action taken by the Ministry of Finance, they will once again insist that PKA make full payments amounting to RM772 million to the bondholders to fulfil the "guarantee" which has been provided by the Government by virtue of the letters of guarantee signed by Tan Sri Chan Kong Choy.

In such eventuality, the result will then be the "perfect scam" of the century where the IRB gets to collect its taxes, the bondholders get to recover their "investment" with interest, while KDSB escapes from all its obligations without having to fork out a single sen of tax.

Since PKA has paid IRB on KDSB's behalf from the payments due to the bondholders, IRB will not need to sue Datuk Seri Tiong King Sing and KDSB to recover the outstanding taxes. At the same time, since the Ministry of Finance feels obliged to honour the dubious letters of guarantee issued by Tan Sri Chan Kong Choy despite a RM1.4 billion pending legal suit by PKA against KDSB, the bondholders will get paid their dues. Hence there will be no need for the lenders to sue Datuk Seri Tiong King Sing and KDSB to recover their outstanding loans.

The complete burden amounting to billions of ringgit is shifted to the hapless and helpless rakyat who are forced pay for the follies of the Barisan Nasional government, enriching KDSB and its shareholders while those possibly guilty of criminal breach of trust such as Tan Sri Chan Kong Choy gets away scot free. This is the perfect exemplification of a "people first" government.

Lim Lip Eng

Lim Lip Eng


MP Segambut says tougher probe needed on ‘happy workers’

Posted: 29 Jun 2010 07:39 PM PDT

Source: http://thestar.com.my/news/story (30/6/2010)

KUALA LUMPUR: Segambut MP Lim Lip Eng feels there is "something fishy" about the plight concerning migrant workers at the construction site of the new Istana Negara.

He said he found it hard to believe reports in the Chinese media that the workers have been duly paid their wages. "I find this fishy because I received an SOS call from the migrant workers. I went and spoke to them personally. I have seen their living conditions and they told me their woes. So, it makes no sense that they should claim that they have been paid now."

Yesterday, project contractor Maya Maju Sdn Bhd invited only the Chinese press to visit the site and interview the workers.

"The reporters said they were told to interview 'selected' workers. "To read reports about 'happy' workers and see pictures of them holding placards stating that they were paid their wages and 'were happy working there' is very dodgy," said Lim. He also said that labour officers should have sought the help of officials from the foreign embassies so that the affected workers could be encouraged to speak out.

The MTUC has blasted the FT Labour Department, saying that it had conducted a shoddy investigation on the case. "How can you conduct an investigation by speaking to just eight people?" MTUC president Syed Shahir Syed Mohamud asked. Commenting on a report in The Star yesterday which quoted a department official as saying that their probe had been completed after interviewing eight workers, Syed Shahir said government agencies should be more serious in handling such matters.

Federal Territories and Urban Wellbeing Minister Datuk Raja Nong Chik Raja Zainal Abidin also exp-ressed his disappointment over the matter and stressed that action must be taken against errant contractors. "The Government has paid the contractors and if the workers are not getting paid, then the money must be going elsewhere," he said.

A report submitted to Human Resources Minister Datuk Dr S. Subramaniam by the FT Labour Department revealed that there was no truth to the allegations that the workers were not paid. However, it will continue to monitor the situation, it said.

Lim Guan Eng

Lim Guan Eng


7 Elements Of Change Towards Retaining Penang’s Premier Position As The Most Livable And Vibrant City In Malaysia.

Posted: 29 Jun 2010 08:47 PM PDT

Speech by Hon. Lim Guan Eng, Chief Minister of Penang, at World Cities Summit's Ministerial Dialogue on "Leading the change: building liveable and vibrant cities" in Singapore on 30th June 2010.

Penang's focus is on Penang's human resources to propel Penang forward as an international city, high-income & knowledge economy with a GDP of USD20 billion and per capita income of USD15,000 by 2020. Penang GDP has grown from approximately RM1.3 billion in 1970 to RM33billion to date and this increase is largely due to the expanding manufacturing sector that now accounts for 39% of Penang's economy, with the services sector 57%. Penang contributes nearly one third of Malaysia's exports value and more than 50% of electronic exports. From March 2008, Penang has attracted investments of nearly USD 3bilion and is the Silicion Valley of Malaysia with quality companies such as Intel, Dell, Agilent, Motorola, Sony, Honeywell Aerospace Avionics Malaysia, Philips, Osram, National Instruments, B Braun and St. Jude Hospital.

There are 7 key factors that accounts for our success as a location of choice for investors:-

1. Ready availability of human talent;
2. Effective and efficient supply chain management
3. Competent and reliable logistics and communications hub
4. Strong Intellectual Property protection
5. Good governance and strong leadership
6. Building creativity and innovation in science and technology, and
7. Livable city

For this reason, in our quest to be also the Software Valley knowledge-based economy, we are mindful of being a livable city and vibrant city. ECA International recently selected Penang as the 8th most livable city in Asia, on par with Kuala Lumpur. Penang has been voted consistently as having the 2nd best street food in the world, one of 30 global Business Process Outsourcing Centre for the future and a UNESCO World Heritage City for our outstanding universal value of cultural diversity and living heritage.

There are 7 elements of change towards retaining Penang's premier position as the most livable and vibrant city in Malaysia.

1. security and stability category such as crime rates and civil unrest.
2. good governance and effective leadership,
3. economic vibrancy and competitiveness, and
4. quality of life and diversity.
5. environmental friendliness and sustainability,
6. heritage conservation, and
7. intelligent city encompassing human, collective, digital, institutional and integrity intelligence.

We believe that sustainability allows for unbalanced economic growth but equitable development for all. Penang must find its own niche as an international city. Branding for Penang is important that is synonymous with quality, reliability, safety, sustainability and integrity. Equally important is social cohesion and inclusion towards a shared society that allows democratic participation, respect for diversity and individual dignity, equal opportunity and prohibition of discrimination. But most crucial of all is equal opportunities for the young and talented to grow and fulfil their potential. We believe that this is the way forward for Penang to be the smart shop of the new knowledge-based economy in manufacturing and services sector.

Piow With You 文标与你

Piow With You 文标与你


国阵滥用警方,浪费警力!

Posted: 29 Jun 2010 11:49 PM PDT

图:黄文标(左起)与被录口供的助理覃菊玲,行动党文冬区州议员A西华和霹雳州行动党副组织秘书郑福基谴责警方针对大树下州议会光碟案件喋喋不休。

德彬丁宜区行动党州议员黄文标谴责警方没有全方抗衡犯罪持续上升,反而还针对他
去年33日紧急州议会录影全集DVD放映会被捕事件,近期向其妻子和助理录取口供。

黄文标表示怡保警察商业罪案组就此事,委派一名警官来到他服务中心分别向其妻子和助理录取口供。在他追问下,该警官只表示这是上司的指示所以必需执行任务。对于案件未来发展必需交由检察署来决定。

他形容警方受到国阵一方的政治压力,每次对民联代表采取严密监督来抓痛脚策略。所以对于本身遭遇也不例外,但他对国阵滥用警方的手段深表不满。并呼吁人民必需在来届大选推翻国阵中央政权,来为改变带来希望。


Selasa, 29 Jun 2010

Charles Santiago

Charles Santiago


No more professionals in 2020?

Posted: 29 Jun 2010 03:58 AM PDT

Source:Free Malaysia Today

Tuesday 29/6/2010

// <![CDATA[

/*

By B Nantha Kumar

KLANG: Malaysia may likely face a dearth of thinking minds and quality labour by 2020 if the current outflow of professionals is not quickly stemmed, said Klang MP Charles Santiago.

Citing statistics, Santiago said between 2000 and 2009, some 700,000 professionals had left the country seeking opportunities elsewhere.

"Looking at the current scenario and the number of professional leaving the country we are unlikely to achieve the 6% economic growth target in the next five years.

"The brain drain is a serious reality. Between 2000 and 2009, Malaysia has lost 700,000 professionals… that is 3% of our total population.

"At this rate by 2020, we will have no professionals in the country," he said.

Attributing the brain-drain to the current social and political climate, he told participants at a 10th Malaysia Plan forum here it was a fallacy to think that it was only the Chinese and Indian professionals who were migrating.

"It is no more the story of old that only Indians and Chinese are immigrating… a large number of Malays too are looking abroad for jobs and opportunities because of the social and political instability in the country," he said.

Santiago said the continued uncertainty over prices of goods and services and stagnant salaries were contributory factors to Malaysians seeking employment abroad.

He also drew attention to the government’s lack of interest in developing new industries.

“Petronas has no more money to spend… now is the time for the government to look at new industries and ensure the country has a diverse source of income," he said.


Lim Kit Siang

Lim Kit Siang


Can Malaysia escape a trap of its own making?

Posted: 29 Jun 2010 07:14 PM PDT

By Peter Drysdale | East Asia Forum Malaysia's recently presented New Economic Model is, on paper, a hugely ambitious strategy for changing the country's economic and social direction and, hopefully, its economic and political fortunes. The government of Prime Minister Najib seems inclined to embrace its principles and try to forge a new direction in [...]

PKFZ: ‘Gov’t will pay RM700mil to bondholders’

Posted: 29 Jun 2010 12:29 AM PDT

By Christine Chan | Malaysiakini Deputy Transport Minister Abdul Rahim Bakri has given an assurance that the government will pay what is due to the Port Klang Free Zone (PKFZ) bondholders. "We have a commitment to the bondholders, therefore we have to fulfill it,” he told the House today, when winding up matters relating to [...]

Let's move Penang Forward

Let's move Penang Forward


Durian Party with CM in Balik Pulau

Posted: 28 Jun 2010 07:26 PM PDT

MY VOICE FOR NATION

MY VOICE FOR NATION


Speech by M Kulasegaran , DAP National Vice Chairman and MP for Ipoh Barat, at DAP political cemarah at Malaim Nawar on Friday, June 25, 2010 .

Posted: 28 Jun 2010 04:22 PM PDT

Philosophy Politics Economics

Philosophy Politics Economics


CyberCafe Virtual Casinos: Local Councils or Police?

Posted: 29 Jun 2010 12:40 AM PDT


This was the press conference yesterday with MP for Rasah, Anthony Loke rebutting the snide remarks made by MCA Vice-President, Senator Gan Ping Sieu who said it was a "shame" that the Government has backtracked on its decision to issue the sports betting license to Vincent Tan's company, Ascot Sports Sdn Bhd. He then hit out at Pakatan state government local councils for not doing enough to curb illegal gambling at cybercafes, as if there are no illegal gambling sites in Johor, Negeri Sembilan or Perak.

It's the police's role to fight illegal gambling and charge the criminals, and not the local councils, who only have jurisdiction over business licenses. But of course, Senator Gan will have no courage to hit out at Datuk Seri Hishamuddin's Home Affairs Ministry.

For the full report on the press conference, see Malaysiakini or FreeMalaysiaToday.

Land Public Transport Commission Marginalised?

Posted: 28 Jun 2010 09:56 AM PDT

Land Public Transport Commission (SPAD) hamstrung even before its task of revamping and regulating Malaysia's public transport system can commence

The Land Public Transport Commission (SPAD) was first announced by our previous Prime Minister Datuk Seri Abdullah Ahmad Badawi in June 2008. Unfortunately as of today, nearly 2 years later, although the structure of SPAD has been more or less finalised, it's still unable to proceed with its urgent task of revamping, restructuring and regulating our public transport system due to legislative issues.

As the newly appointed Chief Operating Officer, Shahril Mokhtar admitted last Thursday, "we don't have the power just yet".

What is however most damaging for SPAD, while exposing the Government's lack of coherent policies and actions on public transport is the separate and independent announcement the latter has made on the proposed Mass Rapid Transit (MRT) system for Klang Valley.

While SPAD has been given the vital role to co-ordinate, integrate and regulate all public transport systems in the country, it is left completely in the cold in the development of probably Malaysia's biggest public transport investment, estimated at nearly RM50 billion for the next decade.

During the same press conference on Thursday, SPAD admitted that it has not been briefed on the MRT plans, and could only issue a face-saving statement that its officials "will study the MRT proposals and incorporate all of that if possible into its own public transport masterplan for the Klang Valley."

However, at the same time, it appears that the MRT proposals already coming to fruition with Gamuda's "unsolicited" proposal making significant headways with the Prime Minister's Department.

Gamuda had briefed local research houses that feedback so far on its proposal to build the MRT was "positive". In fact a report by OSK Research said that the Gamuda management, along with its joint venture partner MMC, feel that they have a 80-85 per cent chance of winning the job and work could commence as early as early 2011.

So confident are they with winning the project that an AmResearch report had said that Gamuda has already commenced soil investigation and survey works to prepare the groundwork for the project.

Gamuda's management was also able to reveal that the funding for the project would likely be backed by the Federal Government under a deferred payment scheme that may take between 10 to 30 years, implying AAA-rating for any papers to be issued.

In addition, Gamuda has already submitted a legal opinion to the Attorney-General's office to amend existing legislation to expedite land acquisition!

It cannot be overstated that the Government is putting the cart before the horses, and its rushing headlong as it did in the 1990s when it privatised the various public transport systems – 2 LRT systems, 1 monorail as well as the consolidation of private and public bus companies. The result in the 1990s was disastrous both financially to the government as it had to bail out all of these companies to the tune of nearly RM9 billion, as well as for the complete lack of integration between the different rail lines and bus operations.

It is imperative for SPAD to first design and develop the public transport masterplan for the Klang Valley (as well as other cities) after thorough consultation with state governments, stake holders and public transport experts to ensure an integrated public transport network plan is in place. It is only after such a plan has been developed and endorsed, that action can be taken to execute the plans.

As an example, while Gamuda may have considered the integration of its MRT lines to the existing LRT networks, are they going to be integrated based on optimal public transport connectivity or are they going to be integrated based on Gamuda's own commercial considerations? Are the MRT stations going to be built in areas where bus terminals can be set up adjoined to the stations to ensure an integrated feeder bus network system?

These are questions which only SPAD can resolve and impose on any public transport operator. However, in the Government's eagerness to award the MRT contract to the Gamuda-MMC joint venture, it appears that public interest, especially to create the desperately needed fully integrated public transport system has already taken a back seat.

SPAD must immediately insist to the Prime Minister that any plans to award contracts for a MRT system must only come after it has developed the masterplan, and its plan for execution. Otherwise, the SPAD will just become like most other government agencies, loud with its goals but muted with its execution.

Hannah Yeoh

Hannah Yeoh


Resolving flood faced by Hindu temple in PJS 9

Posted: 28 Jun 2010 11:15 PM PDT

Justify FullMy office received a complaint from Kuil Sri Samundi Eswary (PJS 9, Bandar Sunway) about the flood at the Hindu temple caused by stalled pipe culverts work in adjoining lands.

I immediately arranged for a site visit together with adjoining land owners, representatives and priest from the Hindu temple to ascertain the cause of flood and remedial works to be done.

The remedial works have been carried out and completed in two weeks. MPSJ has also been notified to monitor the situation in PJS 9.

魏宗贤文打烟之声 Gwee Tong Hiang for Bentayan

魏宗贤文打烟之声 Gwee Tong Hiang for Bentayan


店主早有防备 青年三度窃同一店被捕

Posted: 28 Jun 2010 06:35 PM PDT

Charles Santiago

Charles Santiago


Court orders Syabas Concession

Posted: 28 Jun 2010 11:35 PM PDT


Court orders Syabas concession, audit report to be made public

Posted: 28 Jun 2010 11:11 PM PDT

Source: The Malaysianinsider

UPDATED @ 08:11:11 PM 28-06-2010
By Neville Spykerman
June 28, 2010

KUALA LUMPUR, June 28 — The Syarikat Bekalan Air Selangor Sdn Bhd (Syabas) concession agreement and audit report signed in 2004 were ordered to be declassified by the High Court today following a petition from a public interest group.

Judicial Commissioner Hadhariah Syed Ismail, who read both documents, ruled that making the documents public was not detrimental to national security or public interest as argued by the government.

The Coalition against Water Privatisation filed the judicial review seeking a declaration that the audit report and concession agreement signed between Syabas and the Selangor government on Dec 15, 2004 were not confidential but public documents.

The coalition includes the Malaysian Trades Union Congress (MTUC) and 13 others, comprising consumers in Selangor, Putrajaya and Kuala Lumpur. Syabas provides water for both Selangor and the Federal Territories of Putrajaya and Kuala Lumpur.

They successfully argued the audit report formed the basis for the 15 per cent increase in water tariffs in the Klang Valley announced by Energy, Water and Communications Minister Datuk Seri Dr Lim Keng Yaik on Oct 14, 2006 and should be made public.

Their request was rejected by the ministry on Dec 4, 2006 on the grounds that the documents were classified as confidential and government secret.

Klang MP Charles Santiago, who is among the 14 plaintiffs, said the High Court ruling was a landmark decision because it gives basis to declassifying other documents.

He said the decision will also impact the ongoing negotiations in the water management restructuring in Selangor.

Hadhariah today ordered the federal government to hand over the documents to the plaintiffs within seven days.

She ruled that the government did not consider the expectation of members of the public who are adversely affected by the decision when it refused to disclosed the documents.

In her judgment, she pointed out that the privatisation of water service and arbitrary increase tariff and then using the Official Secrets Act were disproportionate to the aims of the law.

She added the government's decision runs counter to the principles of good governance, accountability, transparency and public interests.

 

 


Make public audit and water concession pact, court rules

Posted: 28 Jun 2010 11:06 PM PDT

Mon, 28 Jun 2010 22:43

E-mail Print

KUALA LUMPUR: The High Court today ordered the federal government to make public the audit report and water concession agreement signed with the Selangor government and Syarikat Bekalan Air Selangor Sdn Bhd (Syabas).

Judicial Commissioner Hadhariah Syed Ismail said the disclosure of the documents would not be detrimental to national or public interest.

Instead, it would serve the public interest in keeping them informed of the workings of the government and to promote discussion of public affairs, she said.

Hadhariah was ruling in favour of the Malaysian Trades Union Congress (MTUC) and 13 others who had asked for a judicial review after then Energy, Water and Communications Minister Dr Lim Keng Yaik denied their request to make public the documents.

They had written a letter to the minister on Nov 7, 2006, requesting for the audit report and concession agreement be disclosed, but was rejected by the ministry on Dec 4, 2006, on grounds the documents had been classified as confidential and secret.

Since then, the utility now comes under the portfolio of the Energy, Green Technology and Water Ministry.

Hadhariah ordered the first respondent, the Energy, Water and Communications Minister, to submit the documents to MTUC and the other applicants within seven days.

In her judgment, she said even though the concession agreement was not disclosed yet, information on non-revenue water (NRW) and its percentage of reduction, formula for tariff increase, period of review and payment of compensation to Syabas had already been in circulation by the media and third parties.

“In that sense, it can no longer be treated as a confidential document because these are the major issues. In the first place, the concession agreement is not a private agreement. It was executed with public interest in mind,” she said.

Public’s interest

Hadhariah stated that the public relied on a good concession and governance of the government to protect their interests, therefore, it was in the public’s interest also the agreement should be disclosed.

“In this area, where transparency, accountability and priority are given to the needs of the rakyat, it is only fair that the concession agreement be made public. I am of the view that courts should lean in favour of aggrieved parties in matters involving public interest,” she said.

As for the audit report, she said it contained information relevant to the concession agreement on the increase of water tariff and if the agreement was to be disclosed, the audit should also be made public as the audit made reference and comments on certain provisions in the agreement.

She said even though the respondents had submitted that the audit report was classified as secret because it was produced for the Cabinet, it was nonsensical to say any document put before the Cabinet was automatically treated as “rahsia” (secret) under Section 2A of the Official Secret Act 1972.

Hadhariah also held that the applicants had locus standi as they were paying water consumers within the area covered by concession agreement and not “busy bodies, cranks and other mischief makers”.

If the water tariff was increased, they had no choice but to pay more for water because there was no alternative supplier available.

Water tariff

After their request was refused, MTUC and 13 others including its chairman Syed Sharir Syed Mohamud and two children, aged 10 and 15, obtained leave from the court on June 14, 2007, for judicial review, naming the minister, the government of Malaysia and Selangor government as respondents.

They said that as water consumers in Selangor, Putrajaya and Kuala Lumpur, they had the right to gain access to the audit report and the concession agreement signed on Dec 15, 2004.

They claimed that the audit report formed the basis for the 15% increase in water tariff in the Klang Valley announced on Oct 14, 2006.

They contended that the government was obliged by law to act in a transparent manner and was responsible in the usual enforcement of regulations pertaining to the water market and in a situation which gave rise to suspicion that the water market was being used for profiteering.

The applicants said they had written a letter to the minister on Nov 7, 2006 requesting for the two documents but was rejected by the ministry on Dec 4, 2006, on grounds that the documents had been classified as confidential and government secret.

The applicants were represented by lawyer Ang Hean Leng, senior federal counsel Shamsul Bolhassan appeared for the minister and the Malaysian government while Md Azhari Abu Hanif, the assistant to the Selangor legal adviser, acted on behalf of the Selangor government.

“In this area, where transparency, accountability and priority are given to the needs of the rakyat, it is only fair that the concession agreement be made public. I am of the view that courts should lean in favour of aggrieved parties in matters involving public interest,” she said.

As for the audit report, she said it contained information relevant to the concession agreement on the increase of water tariff and if the agreement was to be disclosed, the audit should also be made public as the audit made reference and comments on certain provisions in the agreement.

She said even though the respondents had submitted that the audit report was classified as secret because it was produced for the Cabinet, it was nonsensical to say any document put before the Cabinet was automatically treated as “rahsia” (secret) under Section 2A of the Official Secret Act 1972.

Hadhariah also held that the applicants had locus standi as they were paying water consumers within the area covered by concession agreement and not “busy bodies, cranks and other mischief makers”.

If the water tariff was increased, they had no choice but to pay more for water because there was no alternative supplier available.

Water tariff

After their request was refused, MTUC and 13 others including its chairman Syed Sharir Syed Mohamud and two children, aged 10 and 15, obtained leave from the court on June 14, 2007, for judicial review, naming the minister, the government of Malaysia and Selangor government as respondents.

They said that as water consumers in Selangor, Putrajaya and Kuala Lumpur, they had the right to gain access to the audit report and the concession agreement signed on Dec 15, 2004.

They claimed that the audit report formed the basis for the 15% increase in water tariff in the Klang Valley announced on Oct 14, 2006.

They contended that the government was obliged by law to act in a transparent manner and was responsible in the usual enforcement of regulations pertaining to the water market and in a situation which gave rise to suspicion that the water market was being used for profiteering.

The applicants said they had written a letter to the minister on Nov 7, 2006 requesting for the two documents but was rejected by the ministry on Dec 4, 2006, on grounds that the documents had been classified as confidential and government secret.

The applicants were represented by lawyer Ang Hean Leng, senior federal counsel Shamsul Bolhassan appeared for the minister and the Malaysian government while Md Azhari Abu Hanif, the assistant to the Selangor legal adviser, acted on behalf of the Selangor government.


Court orders Syabas concession, audit report to be made public

Posted: 28 Jun 2010 10:58 PM PDT

Source:The Malaysianinsider


Court orders Syabas concession, audit report to be made public

Posted: 28 Jun 2010 10:42 PM PDT

Source:The Malaysianinsider


法官抨官方机密法令荒谬谕令能讯部公开水供合约

Posted: 28 Jun 2010 04:17 AM PDT

Source: Merdeka Review

作者/本刊翁慧琪 Jun 28, 2010 05:17:33 pm

【本刊翁慧琪撰述/苏晓枫摄影】三年半前上庭挑战能源、水务及通讯部长决定的马来西亚职工总会(MTUC)、11名成人和两名小孩打赢官司,能源、水务及通讯部需公开联邦政府、雪州政府和雪州水供公司(SYABAS)签署的水供特许经营合约以及无收益水(non-revenue water)稽查报告!

吉隆坡高庭今天宣判马来西亚职工总会连同11名成人和两名小孩胜诉,下令能源、水务及通讯部在七天内把特许经营合约以及稽查报告交给申请人。

联邦政府在案件初开审时曾辩称,申请人并没有法定地位(locus standi)入禀司法复核案,并声明这两份文件属于官方机密。【点击:政府辩称水供合约为官方机密 高庭五月审诉方有无法定地位】

承审法官哈达丽雅(Hadhariah Syed Ismail)认为申请人都有法律地位(locus standi)提出这项诉求,并决定亲自过目特许经营合约和稽查报告才作裁定。

她在6月18日接获文件,并经过检阅后,表明自己是很确定特许经营合约和稽察报告的内容并不存有对国家安全及公众利益有害的资讯。

"但是,我能预期这些文件的公开,或许会引起公众对政府的争论和批评。"

裁决合约非机密文件

哈达丽雅强调,雪州水供公司之前已经公开有关无受益水的多种资讯,所以特许经营合约的内容已经不是什么秘密,所以她决定以公众利益为考量作出裁决。

"有鉴于当下透明度、责任及优先权是人民所需,把特许经营合约公诸于世才是公平的决定。我认为在涉及公众利益的事情上,法庭应该趋向有利于受害者。"

她指出,公开特许经营合约后,稽查报告也需要相应公开,因为有关稽查报告有提及和解释部分特许经营合约的内容。

此外,她也认为,在《官方机密法令》(OSA)第2A条文之下,任何提呈内阁的文件的文件自动被视作"秘密"(Rahsia)是荒谬的说法。

由于第一和第三答辩人都无法证明文件足以危及国家安全或公众利益,而且稽查报告在2006年10月提呈内阁之前,该文件并没有被列为官方机密,所以她指有关文件并没涵盖于《官方机密法令》第2A条文之下。

她指责,第一答辩人拒绝公开文件的决定,不符合"法定寄望"(legitimate expectation),而私有化水供和援引《官方机密法令》不但有违该法令原本宗旨,更违反良好治理、透明度和"以民利益为本"(interest of the rakyat should come first)的原则。

成解密特许合约先例

这个官司的申请人代表律师是洪显龙(右图),而第一与第三答辩人则由高级联邦律师(Senior Federal Council)三苏伯哈山(Shamsul Bolhassan)代表抗辩。雪州法律顾问助理莫哈末阿查里(Md Azhari Abu Hanif)代表第二答辩者。

巴生国会议员兼反对水供私营化联盟(CAWP)协调人查尔斯圣地亚哥、职工会总会主席赛沙希尔(Syed Shahir)和武吉加星(Bukit Gasing)州议员李宝霖等人,今天都来到法庭聆听法官宣布判决。

他们获悉己方胜诉后,都感到很高兴,赛沙希尔向媒体表示,这是历史重要的一刻,证明了他们的争斗顺利取得成果。

他相信,他们14名申请者的成果,未来或许也能够成为其他1400万名马来西亚人的例子,因为可能将来会有人希望挑战解密大道特许经营合约。

查尔斯圣地亚哥表示,这宣判确定人民是有获得资讯的权利,并推动联邦政府制定《资讯自由法令》(Freedom of Information Act)。

无论如何,他们都很感谢雪州州务大臣卡立的帮忙,同时亦为法官的勇气与愿意费心阅读文件的做法感到高兴。他们会在取得文件后,检阅并再作出发表。

拖延长达41个月

马来西亚职工总会和以该会主席赛沙希尔为首的11名成人及两名小孩于2007年1月15日入禀法院,挑战能源、水务及通讯部拒绝公开无受益水的决定,并列能讯部、雪兰莪州政府及马来西亚政府为答辩人。【点击:林敬益拒公开稽查书惹民愤 马职工总会今带头入禀法院】

11名成人申请人包括了反对水供私营化联盟协调员查尔斯圣地亚哥(Charles Santiago)、八打灵再也第五区居民协会主席李宝霖、印裔社群活跃份子阿鲁姆干(Arumugam Kalimuthu)等来自雪兰莪州的三大民族居民。

申请人在入禀书中强调,他们作为孩童及成人,有权享有令人满意的生活水平以及最高的健康水平,而令人满意的生活水平以及卫生权利与食水安全息息相关;要取得安全食水,先决条件是拥有食水供应,为此,食水价格必须是公众可以负担的。

高庭在2007年3月1日开始就此案展开司法审查的程序,原定在当年5月作出裁决,岂料拖延到三年后的今天。


Voter Registration At Grace Klang, 4th July 2010, 9.30am-2pm.‏

Posted: 28 Jun 2010 04:05 AM PDT

Just a note to inform your good self that SABM (www.SayaAnakBangsaMalaysia.net) and EPIC (http://dosomethingepic.net/) are running a Voter Registration exercise with Grace Klang under the leadership of Pastor Ronald Teo on the date and time stated above.

The Penolong Perdaftar to be present is from your good office.

Pastor Ronald has made a good suggestion of opening the exercise to public, especially the local neighbourhood, in order to register as many new voters as possible.

We are hoping your office can support by promoting the exercise through your local network.

Thank you very much and warm regards,

danny