PAC decision to summon Liong Sik, Kong Choy, Attorney-General to testify on RM12.5 billion PKFZ scandal lauded though belated


My three questions (No.100 to No. 102) on the 34th day in the current series to Transport Minister Datuk Seri Ong Tee Keat on the RM12.5 billion Port Klang Free Zone (PKFZ) scandal today are:

Question No. 1 – This is the second day that I am starting my “three questions a day” with a welcome.

Yesterday I welcomed the Port Klang Authority (PKA) Board decision on the withholding of RM660 million in the next drawdown of the government’s soft loan of RM4.6 billion to pay the PKFZ turnkey developer Kuala Dimensi Sdn. Bhd. (KDSB) for the PKFZ land and construction.

Today I welcome the Public Accounts Committee (PAC) decision yesterday to summon in a fortnight the two former Transport Ministers, Tun Dr. Ling Liong Sik and Datuk Seri Chan Kong Choy, as well as the Attorney-General, to testify over the PKFZ scandal. The PAC is also to summon the Barisan Nasional Backbenchers Club (BNBBC) and MP for Bintulu Tiong King Sing, who is also the CEO of KDSB.

Last Wednesday, 24th June 2009 , during the debate on the government bill to reallot the 2009 Budget arising from the Cabinet reshuffle by Datuk Seri Najib Razak when he became Prime Minister, I had stressed that the Public Accounts Committe (PAC) should not be a “cover up” for the PKFZ scandal, berated the PAC Chairman Datuk Seri Azmi Khalid for opposing the summoning of Liong Sik, Kong Choy as well as other MCA big-wigs like Chor Chee Heong and Yap Pian Hon.

I in fact reiterated that Azmi should disqualify himself from the PAC inquiry into the PKFZ scandal as he was a Minister and party to the July 2007 Cabinet decision to give retrospective approval for the four unlawful Letters of Support issued by Liong Sik and Kong Choy and were the cause of the RM12.5 billion PKFZ scandal.

I welcome the PAC decision to summon Liong Sik and Kong Choy and other big-guns for this is the first time that the PAC is acting seriously and responsibly in its inquiry into the PKFZ scandal.

Question No.2 – Today is the last day of the current three-week parliamentary meeting and the PricewaterhouseCoopers (PwC) report and appendices on the RM12.5 billion PKFZ scandal have not been tabled in Parliament so that MPs from both the Barisan Nasional and Pakatan Rakyat can study, deliberate and debate them.

Something is wrong with the Ministerial capability of Ong and his commitment to accountability and responsibility to Parliament when three weeks after parliamentary meeting and his junket to France for the Paris Air Show, Ong has not been able to table the PcW report and appendices in Parliament although 300 copies of the PwC report and appendices have been sent to Parliament!

MP for Ipoh Barat, M. Kulasegaran questioned at the beginning of the Parliament sitting today why MPs have not yet received the PwC report and appendices but to no avail.

We have now the ridiculous situation where 300 copies of the PwC report and appendices have been sent to Parliament and are hidden away somewhere in the Parliament building away from the sight of MPs, on the ground that they have been hijacked by the Public Accounts Committee and would only be tabled in Parliament together with the PAC report on the PKFZ.

If we have an efficient and responsible PAC Chairman, it is Ok, but we have here a PAC Chairman who is prepared to play the unprecedented role of hijacking and obstructing the access of MPs to the PwC report and appendices on the PKFZ scandal – which is the first case of its kind in Commonwealth parliamentary history.

Both the Transport Minister and the PAC Chairman are seriously remiss in their parliamentary responsibilities.

Let me tell Ong that if he could not ensure that all MPs are immediately given a copy of the PwC report and appendices, then he is not fit to be a Minister.

Let me ask Azmi whether he is unaware that the PAC is being used as an excuse by Ong to deny access of the PwC report and appendices to MPs? Why has the PAC Chairman done nothing to ensure that PAC is not used as a “scapegoat” by Ong to block the release of the PwC report and appendices to MPs?

A responsible PAC Chairman could have resolved this obstruction and sabotage of parliamentary accountability very simply, by submitting a preliminary PAC report to Parliament together with the PwC report and appendices, informing Parliament what PAC has done on the PKFZ scandal – which will allow the PAC to continue with its further inquiries and deliberations including summoning MCA big-wigs like former Transport Ministers, Liong Sik and Kong Choy and former KPA Chairmen like Chew Peh, Pian Hon and Chor Heung to give testimony.

What is Azmi not doing this?

My second question to Ong is what is he doing to ensure all MPs can get immediate access to the PwC report and appendices, by making the PwC report and appendices available to MPs?

If the PwC report and appendices have been hijacked by PAC and are under “lock and key” in Parliament, is he prepared to make them available to MPs directly, such as through the Transport Ministry in Putrajaya or Port Klang Authority in Klang?

Question No. 3: My third question today is with regard to the RM1.2 billion variation order by the PKFZ turnkey developer, Kuala Dimensi Sdn. Bhd and Ong’s May 10, 2008 letter to the Prime Minister seeking the latter’s approval.

Ong’s attempt to distance himself from KDSB’s RM1.2 billion variation order, claiming that he just a postman forwarding the Port Klang Authority (PKA) Board’s decision, had been disproved by the contents of his May 10, 2008 letter which very clearly stated:

“6. Oleh yang demikian, saya pohon pertimbangan serta kelulusan YAB Datuk Seri ke atas perkara seperti tersebut di perenggan 3(i) dan 4.”

Perenggan 3(i) and (4) referred to KDSB’s RM1.2 billion variation order.

The third question I want to ask Ong is whether it is not true that PKA Board in February 2008 had not taken the final decision to approve the RM1.2 billion KDSB variation order but had referred the whole matter to the Transport Minister for a decision, although the PKA Board recommended approval but the decision was to be taken by the Transport Minister.

If this is correct, then the decision to approve the RM1.2 billion KDSB variation order – which is even higher than the original cost of the PKFZ project as it was estimated to cost RM1.08 billion in 2002 – was taken solely and squarely by the Transport Minister, either by Kong Choy who was Transport Minister before the March 8, 2008 general elections or by Ong himself after the March 2008 general elections.

Can Ong answer?

  1. #1 by Kasim Amat on Thursday, 2 July 2009 - 1:17 pm

    I want to congratulate PAC for doing the right thing. These three MCA members are directly responsible for the flop of PKA. We hope the investigation of PKA would be concluded soon. It is also good to note that the whole fiasco of PKA does not involve any UMNO members.

  2. #2 by sheriff singh on Thursday, 2 July 2009 - 1:34 pm

    You can invite them all but will they come? Even if they do attend, will they talk to incriminate themselves?

    “I cannot remember”, “It was not during my time”, “I left it to the management”, “I am just doing national service”, etc etc quickly come to mind.

    Maybe it is all a show with nothing new to be added so they all will get away scot-free. The members of the PAC must make sure this does not turn out into a farce. Committee members who don’t agree with the chairman should voice out their disagreement instead of letting the chairman make all kinds of statement.

    Lets wait and see.

    And make sure that all 300 copies of the PKFZ report with appendices are given to all the PAC members to ensure that they all have the information to question these personalities. The fact that the PAC members currently might not have the appendices would mean that the committee itself is not operating efficiently.

    Why the PAC needs 300 copies I don’t understand. Are there 300 members on the committee?

  3. #3 by tsn on Thursday, 2 July 2009 - 1:43 pm

    Hopefully PAC really means business here, not just for show or for a cup of tehsusu.

  4. #4 by frankyapp on Thursday, 2 July 2009 - 1:46 pm

    102 questions Being fired persistently for 34 days and finally you have some gradual success.Well done and kudos YB Lim.The PKA wow has withhold RM 660 million downpayment to a Bintulu MP who is the CEO of KDSB .This is indeed a surprise !.Why’s this MP doing such huge business ? Is he a some big minister’s crony ?.Pretty wow too to see TunLLS ,TansriCKC,and the tool Attorney General to be summoned to testify over the PKFZ great scandal.Hey why’s the BNBBC gotta do with this scandal ?.Wow,Wow the iceberg is now slowly but steadily melting.Pray to Almighty God that He allows this iceberg to be fully melt down to the ground so that the rakyat will see the whole ugly truth.Please YBLim continue with your good job.

  5. #5 by Godfather on Thursday, 2 July 2009 - 1:59 pm

    Who is willing to bet against me that the most used phrases in the PAC meeting will be “I don’t remember” or “I don’t recall” ?

  6. #6 by sheriff singh on Thursday, 2 July 2009 - 2:11 pm

    I will bet with you that they will all say “It was a Cabinet decision”, “I left it to the wisdom of the (then) PMs”, “Everything was done according to the law”, “It’s sub-judice”, “I was overseas”, “Its classified as Official Secrets” you know, the usual cockerals-and-bullocks.

    But why is O C Phang not “invited”. Is she “special”? Also invite the two previous PMs to whom letters for approvals were sent? And the Finance Ministers and their deputies?

  7. #7 by House Victim on Thursday, 2 July 2009 - 2:15 pm

    1. So far, what had the Parliament actually approved had not been answered!
    Those not approved is basically a FRAUD or manipulation by the Cabinet, MOF or MOT and should directly go into the questioning of LIABILITY. And, they are not within the Jurisdiction of PAC!!

    2. Azmi has to be excused from the PAC in handling the matter. Otherwise, there is NO RULES AND REGULATIONS. IF PARLIAMENT CANNOT BE STRICT WITH RULES AND REGULATIONS, then what the purpose of having Parliament being a Legislative body!! Shouldn’t the 86 Opposition MP fight this Basic Point!! They have the LIABILITY as Representative of their Constitution to straighten up the Rules and Regulation!!

    3. The Purpose of the Summon should be clear so that the MPs know exactly what should be questioned by PAC and to be answered by MOT. NOT TO GIVE JUST A SHOW OF FACES!!
    But, what is the use, when MP did not received even copy of the PWC Report and have time to study with BASIC Points of Attention to be listed out by someone (A SIMPLE AND STRAIGHT FORWARDS ONE) and a list of BASIC QUESTIONS TO BE ANSWERED! Such as
    a) What had been approved by the Parliament?
    b) What had not been approved by the Parliament but approved by the Cabinet, MOF and MOT?
    c) Did PKA submit their application for Approval accordingly?
    d) Did PKA run the Project accordingly?
    e) Had the 3.xx billion of Fund raised by PKA been properly approved and run?

    4. Should the 4.6xx Billion of Soft Loan be approved by the Parliament before it can be official? Therefore, the Parliament should FREEZE the Loan completely and NOT to be at the “Initiation” of PKA not to withdraw!

    5. The Cabinet Approval is another Important Part of this Scandal. Therefore, the PM should also be summoned to answer on matters regarding he Cabinet or MOF approvals.

    6. Basic question is “Does PAC has the Jurisdiction to Investigate the Fraud of Approving Project?” Therefore, another Committee to be called or even set-up to go into the matter?

    a) Isn’t there a mechanism in the parliament to monitoring and acting on possible “mis-management” or even fraud in the Government?
    b) FRAUD, MISAPPROPRIATION, NEGLIGENT OR IGNORANCE have to be clearly identified on each of the problems raised by the PWC Report as they require different approach.

  8. #8 by frankyapp on Thursday, 2 July 2009 - 2:20 pm

    Hi Kasim Amat,you may be happy now that like you said no Umno people are involved in this PKFZ RM 12.5 billion scandal. I can assure you that your happiness will be short lived.I want to remind you this ” he who laughs first will laugh least in the end “. Yeap,Godfather,you may be right and I think no one will want to bet with you.After all we know LLS,CKC,and AG are all graduated from TDM university.

  9. #9 by ekompute on Thursday, 2 July 2009 - 3:19 pm

    “PAC decision to summon Liong Sik, Kong Choy, Attorney-General to testify on RM12.5 billion PKFZ scandal lauded though belated.”

    Let’s see if anything comes of it. If there is a bet, I won’t be putting any money on it if I have to take the side that something will happen to them. But if I can take the side where the PAC will absolve them from any illegal involvement, I will dump my last penny and even borrow from all the Ah Longs I can get hold off within 500 kilometers just to bet on it.

  10. #10 by artemisios on Thursday, 2 July 2009 - 3:21 pm

    YB LKS, although its tough but I see what you’re doing is beginning to bring results. Please keep on doing such great work.

    As for ‘most used phrase’, i think it’d be

    “A committee will be set up to investigate….”
    -The BEST excuse to kill an issue.

  11. #11 by Loh on Thursday, 2 July 2009 - 3:37 pm

    Sorry, off topic

    ///5. Establishing New Institution
    • Ekuiti Nasional Berhad (Ekuinas) to be established with initial capital of RM500 million, eventually to be enlarged to RM10 billion fund.///–Najib

    FIC has been in force for the past 35 years, and RM 54 billion shares have been allotted to Malays, and they have on their own chosen to reinvest elsewhere.

    The total equity share capital in corporate sector in 1970 was not more than RM 25 billion. It would have costed the state RM 7.5 billion to acquire 30% of the share capital and held in trust for Malays. In fact, if the billion acres of FELDA land were registered with the Registry of companies, that would have yielded RM 3 billion on the account of Malays’ equity capital. The state needed only to fund RM 4.5 billion, from Petronas and these shares would still be available to rural Malays. As it is RM 54 billion have been given to Malays, and the public paid for it having to pay their share prices at a premium, and some rich Malays who had connection with TDM and Rafidah Aziz were laughing to the bank.

    Najib now pretends to pay ‘political price to liberalise FIC’, and in the process gets the state to fund RM 10 billion for some objective under NEP which had long been achieved.

    The people can be fooled some of the time, and some people all the time; but not all the people all the time. Najib still harbour racist attitude, either to satisfy his racist emotion or as a trump card for political control.

    1Malaysia would mean onceMalaysia.

  12. #12 by Loh on Thursday, 2 July 2009 - 3:57 pm

    ///It is also good to note that the whole fiasco of PKA does not involve any UMNO members.///–Kasim Amat

    I am glad to hear his wishes. Can MCA members alone pull off such a scandal? I believe this is the classic example of power-sharing among BN party members.

    UMNO leaders were given free hands to implement NEP or rather they did what they pleased. Some 40 years later, Najib just declared that the past actions were not good enough and he wanted another RM 10 billion to do it all over again. Is it fair not to have accountability? Should a 20-year time bound NEP be extended indefinitely? Should the scope of NEP be extended as UMNO’s power strengthens? NEP has been implemented against the provision of the constitution, such as in the percentage of places for matriculation courses reserved for Malays, and the discount offered to bumiputras for house/dwelling purchase.

    It was NEP which made it possible for the sale of state land to well connected politicians and ended up with RM 12.5 billion PKFZ scandal. Powerful sharing is wonderful!

  13. #13 by the reds on Thursday, 2 July 2009 - 4:20 pm

    PAC just simply summons the big guns! I don’t think they will take them seriously. The reason is they all are in the same boat!

  14. #14 by YK Leong on Thursday, 2 July 2009 - 5:00 pm

    Chor’s facts sheet:-
    1. April 2004 to July 2007 – Non-executive deputy chairman of WBGB
    2. April 2007 to March 2008 – Chairman of PKA
    3. April 2007 to March 2008 – Wearing two (2) hats
    4. WBGB and KDSB are related through a common shareholder and director
    5. February 2008 – PKA approved RM1.216 billion to KDSB

    In the light of the foregoing, Chor should be summoned before PAC. All former chairmen of PKA should also be summoned before PAC.

    I think the PAC and the release of PKFZ report together with its appendices should be treated differently. 300 copies already delivered to Parliament to be stored in COLD STORAGE. Then, why was there a hurry to print and deliver the 300 copies? For “AIR SHOWS” only.

  15. #15 by YK Leong on Thursday, 2 July 2009 - 5:03 pm

    Correction to item no. 3
    April 2007 to July 2007 – Wearing two (2) hats

  16. #16 by albert308 on Thursday, 2 July 2009 - 5:42 pm

    SYABAS TO YB TAN SENG GIAW FOR WORK WELL DONE!

    One must remember that PKFZ scandal is not only involve MCA. Some UMNO politician involved must be call for questioning. This is full scale BN mega scandal!

  17. #17 by albert308 on Thursday, 2 July 2009 - 5:54 pm

    YK Leong’s posting is the evidence Chor CH is highly suspected person in the scandal by ‘wearing two hat at same time’. Chor statement saying the post of PKA chairman only a national service totally false and unacceptable. Chor was known as TEAM A’s “Toon LLS” ally at that time.

  18. #18 by boh-liao on Thursday, 2 July 2009 - 5:57 pm

    Wayang, wayang – the PAC summons LLS, CKC, AG, TKS
    to a delightful mad hatter’s tea party
    to minum teh n bersembang saja
    Meanwhile, MPs cannot see the audit report on PKFZ
    till Dec 2009, cos 300 copies required by PAC secretariat
    What the F? Amazing delay tactic
    If, on the other hand, this scandal involved PR people
    the audit report on PKFZ would have been given to MPs
    long before yesterday

  19. #19 by taiking on Thursday, 2 July 2009 - 5:58 pm

    Congratulating PAC for doing what they were suppose to do and were paid to do is sheer nonsense and outright lame and if I may add, stupid. And yes, it will be a wayang no doubt. A “go-through” motion so that they can then tell the world “Look we mean business. Look we are investigating.” And maybe a couple of ikan bilis will be whisked out of water and fried. After that, like it or not, believe it or not, the story will end. The 12.5b scandal will then be regarded as fully accounted for. It would be another tall story told by umno which only blind umno supporters would swallow whole ala deep-throat fashion.

  20. #20 by rabbit on Thursday, 2 July 2009 - 9:19 pm

    P A C is of theirtedpole, do you think its help on PKFZ? dream long long. wait and see, later no body will remember this issue. this old foxs is turning to imortal, do you think this P A C can handle? haha our friend got TUN infront of his name ok… who can touch him ya…

  21. #21 by TomThumb on Thursday, 2 July 2009 - 11:31 pm

    LKS,

    you asked too many questions knowing they will not be answered. your constituents send you and the others up to find answers to questions and not just ask them.

  22. #22 by monsterball on Friday, 3 July 2009 - 3:50 am

    It looks like…UMNO have no choice….and this is good news.
    But we have heard so many good news before….even summoning Mahathir to court….and he lied 14 times…..in half hour questioning….making a fool of the Royal Commissioners….yet UMNO dare not touch him….or respect the said Royal Commissioners.
    Have we all forgotten?
    UMNO expects us to be like before….move on and easily forget.
    They are masters in studying human natures…selfishness and greed…play the game….and keep fooling Malaysians.
    Putting my suspicion aside..that Ling Liong Sik and Chan Kong Choy will somehow..be proven…not guilty….I will have an open mind to wait ad see real justice be done.
    That will cover up Mahathir as PM …and may win some votes for UMNO…provided Ling and Chan accepts jail sentences like Tan Koon Suan.
    Will that happen?

  23. #23 by Bigjoe on Friday, 3 July 2009 - 7:46 am

    The congrats should go to Sdr. Lim. Its obvious his relentless pursuit of PKFZ is what is changing things and BN people are only doing such things because they are forced to do so.

    Way to go. Sdr. Lim…

  24. #24 by boh-liao on Friday, 3 July 2009 - 12:15 pm

    After the delightful mad hatter’s tea party
    minum teh n bersembang with LLS, CKC, AG, & TKS
    PAC will declare that
    after very careful n detailed investigations
    no wrong doings found with LLS, CKC, AG, & TKS
    quod erat demonstrandum (QED). Case closed
    Happy LKS?

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