Since yesterday, the PricewaterhouseCoopers (PwC) audit report on RM12.5 billion Port Klang Free Zone (PKFZ) has been taken off the Port Klang Authority (PKA) website.
As a national service, the PwC report on the PKFZ scandal is hereby restored online and available here (Malaysia-mirror).
As I said, the PwC report is most unsatisfactory with its very narrow and restricted terms of reference, as noted by the PwC in its “Important Notice”, viz:
“The report is limited in scope. It is restricted to a position review of Port Klang Free Zone and Port Klang Free Zone Sdn. Bhd as set out in our Letter of Engagement dated 8th October 2008. We were not asked to and we have not advised on any strategy, valuation, legal implications, tax, operational effectiveness, staff competencies or process improvement. No investigation to detect any wrongdoing or audit to form an opinion on any financial information, including any forecasts and projections, has been undertaken.” (p.1)
Transport Minister, Datuk Seri Ong Tee Keat has not been able to explain why he had decided on such a limited and restricted term of reference for the PwC study, deliberately excluding from inquiry the conduct or misconduct of previous Transport Ministers, Tun Dr. Ling Liong Sik and Datuk Seri Chan Kong Choy in the PKFZ scandal, as well as not asking PwC to detect any wrong doing or render advice on “any strategy, valuation, legal implications, tax, operational effectiveness, staff competencies or process improvement”? The PwC report is even unable to furnish answers to five questions on the PKFZ scandal which I had posed to former Transport Minister, Datuk Seri Chan Kong Choy in Parliament in November 27, 2007 and repeated to Ong on 9th April 2009 after he became Transport Minister, viz:
- Was it true that when the Port Klang Authority and the Transport Ministry insisted on buying the 1,000 acres of Pulau Indah land for PKFZ at RM25 psf on a “willing buyer, willing seller” basis, in the face of strong objection by the Attorney-General’s Chambers and the Treasury which had recommended that the land be acquired at RM10 psf, the Cabinet had given its approval subject to two conditions: (i) categorical assurance by the Transport Minister that the PKFZ proposal was feasible and self-financing and would not require any public funding; and (ii) that every RM100 million variation in the development costs of PKFZ would require prior Cabinet approval.
- In the event, the first condition was breached when the PKFZ project ballooned from RM1.1 billion to RM4.6 billion requiring government intervention and bailout while the second condition was breached with the original PKFZ development costs of RM400 million ballooning to RM2.8 billion without any prior Cabinet approval ever sought for every RM100 million increase in development costs.
- The Transport Minister had unlawfully issued four Letters of Support to Kuala Dimensi Sdn. Bhd (KDSB), the PKFZ turnkey contractor — to raise RM4 billion bonds, which were regarded as government guarantees by the market. The Transport Minister had no such powers to issue financial guarantees committing the government, as it could only be issued by the Finance Minister and only after Cabinet approval. The first Letter of Support was issued by the former Transport Minister, Tun Dr. Ling Liong Sik on May 28, 2003, which was Liong Sik’s last day as Transport Minister while the other three were issued by Kong Choy.
- Whether it wasn’t true that in recognition that the four unlawful “Letters of Support” of the Transport Minister had nonetheless given implicit government guarantee to the market that the Cabinet had in middle of last year gave retrospective approval for the unlawful and unauthorized four Letters of Support by the Transport Ministers in the past four years creating RM4.6 billion liability for the government in the bailout of PKFZ.
- Why no action had been taken against the two previous Transport Ministers, both Liong Sik and Kong Choy, as well as the government officials responsible for the unlawful issue of the four “Letters of Support” – getting the government embroiled in the RM4.6 billion PKFZ scandal?