Archive for March 11th, 2010

Najib has forgotten his first promise as PM that “The era where the government knows best is over”

The Prime Minister, Datuk Seri Najib Razak has forgotten his first promise as Prime Minister in April last year that “The era where the government knows best is over” when he gave an instinctive “No” to the proposal by the Penang Chief Minister and DAP Secretary-General Lim Guan Eng for the restoration of local government elections even without referring to his Cabinet.

This is most irresponsible on the Prime Minister’s part. The important issue of restoration of local government elections deserve more serious response from the Prime Minister, the Cabinet and the government.

In fact, one prominent article in a current magazine which belongs to the Umno stable of media publications, has the lead article: “Getting Local Councils to Deliver” and posing the question: “A recent survey showed that local councils are a big letdown to rate payers. Will having local council elections, or better, yet, the Government Transformation Plan, help?”

Najib’s instant and summary rejection of the idea of local government elections could be interpreted as the Prime Minister having little confidence or even having utter contempt for the Local Government Minister Datuk Seri Kong Cho Ha and the KPI Minister, Tan Sri Dr. Koh Tsu Koon who is supposed to spearhead the 1Malaysia Government Transformation Programme (GTP) Roadmap.
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Is Hishammuddin involving police in greater political harassment of PR leaders when he should be asking the police to single-mindedly fight crime to make Malaysia a safe country?

When DAP Penang State Assemblyman for Komtar, Ng Wei Aik, lodged a police report against the Second Finance Minister Datuk Husni Hanadzlah for uttering racially inflammatory remarks on Tuesday, there was an immediate response from the Federal CID director Datuk Seri Mohd Bakri Mohd Zinin who was in Penang at the time.

Bakri asked at a news conference: “Do you want the police to fight crime or investigate political matters?”

The answer is clear and unequivocal, the first task of the police is to fight crime and to ensure that Malaysians, investors and tourists feel safe from crime and are liberated from the fear of crime – two major failures of the Malaysian police in the past decade.

Despite the establishment of a Royal Police Commission and its recommendations in 2005 to create an efficient, incorruptible, professional world-class police service in Malaysia, crime index in the country has continued to mount until the sixth Prime Minister, Datuk Seri Najib Razak had to admit that it is one of the six priority challenges of his administration.

Despite all the publicity of KPI (key performance index) and NKRAs (National Key Result Areas) in fighting crime in the past year, the police has yet to break the back of the problem of high crime rate and prevalent fear of crime among Malaysians, tourists and investors – the very definition of an unsafe country!
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Malaysia in the Era of Globalization #5

By M Baki Musa
Introduction and Overview
The Outline

This book has two parts. The first, “Perspectives on Development,” begins with the chapter exploring why some societies progress while others regress. The chapter following recaps the lessons of past societies that successfully overcame their stagnant conditions and then went on a trajectory of progress. The examples I choose are early Islam, the European Reformation, and the Meiji Restoration. The chapter after that covers three contemporary model states: two are positive examples—the “Asian tiger” (South Korea) and the “Celtic tiger” (Ireland) – while the third is a negative one, Argentina. I conclude this first part with a chapter on globalization, the prevailing and dominant force shaping the world today.

Globalization is now a reality. While there are many imperfections and inequities with the system, nonetheless for small nations like Malaysia it is best not to dwell on them. Suffice that Malaysia should concentrate on avoiding and minimizing the pitfalls, and on better preparing her citizens to face this new reality and its associated challenges. Once Malaysia is a full and active participant in globalization, then it will be in a better position to improve the system. Until then it would be presumptuous for Malaysians to presume to preach to the larger world. Besides, there are greater minds elsewhere now addressing the many inequities and translocations associated with globalization. Read the rest of this entry »

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Judges Can Fly – in the face of Rule 137 of the Federal Court Rules! (Part 1)

By NH Chan

A thorough and critical consideration of the Federal Court’s inconsistent and dishonest approach to Rule 137 of the Rules of the Federal Court 1995 in 2 parts. This part considers the recent Federal Court decision dismissing Dato’ Seri Anwar Ibrahim’s application to review a previous Federal Court decision dismissing his application for disclosure of documents for his second sodomy trial.

Devastating and shocking news.

The headline of the online news portal Malaysiakini declared:

Anwar fails to get Federal Court to review its decision

Feb 25, 2010
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Judges Can Fly – in the face of Rule 137 of the Federal Court Rules! (Part 2)

By NH Chan

A thorough and critical consideration of the Federal Court’s inconsistent and dishonest approach to Rule 137 of the Rules of the Federal Court 1995 as it relates to section 51 and 51A of the Criminal Procedure Code and the Federal Court decisions in Adorna Properties v Kobchai Sosothikul [2006] 1 MLJ 417 and Asean Security Paper Mills Sdn Bhd v Mitsui Sumitomo Insurance (Malaysia) Bhd [2008] 5 AMR 377. This is the concluding part.

The two misguided decisions are Adorna Properties v Kobchai Sosothikul [2006] 1 MLJ 417 and Asean Security Paper Mills Sdn Bhd v Mitsui Sumitomo Insurance (Malaysia) Bhd [2008] 5 AMR 377. Practicing lawyers will tell you that not too long ago the Federal Court have been exercising their inherent powers to right a wrong which is to prevent injustice as envisaged in Rule 137.

In the case of Adorna Properties Sdn Bhd v Kobchai Sosothikul [2006] 1 MLJ 417 (PS Gill and Rahmah Hussein FCJJ and Richard Malanjum JCA, as he was then) Mr. Kobchai Sosothikul – who was substituted for his late mother Mrs. Boonsom Boonyanit – applied under rule 137 of the Federal Court Rules 1955 to review the Federal Court’s decision in Adorna Properties v Boonsom Boonyanit. PS Gill FCJ (who delivered the judgment of the court) dismissed the application for review. He said:
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