Archive for March, 2010

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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Perkasa – rebirth of a demon

By AB Sulaiman Malaysiakini

The birth of Malay NGO Perkasa is obviously causing a stir in the Malaysian social, intellectual and political landscape.

It has declared intention of acting as a “shield against those who question Malay rights, the royalty and Islam”, according to its founding head and Independent MP Ibrahim Ali.

The target and philosophy is thereby made clear – to protect and promote the sanctity of Islam, the martabat (dignity and honour) of the Malay people, and the spirit of nationalism. This falls under the ideology and banner of untuk agama, bangsa dan negara (for religion, race and nation).

But hasn’t the same philosophy and ideology been used by the Malay leadership in governing the country ever since Independence in 1957? Wasn’t it adopted in the interests of ketuanan Melayu (KM) after the launch of the New Economic Policy (NEP) in 1970?

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Charge N H Chan for contempt or resign, CJ?

By Martin Jalleh

The integrity of the judiciary has been badly mauled by a legal lion who does not mince his words no matter how high or mighty a judge thinks he is. He has called a spade a spade and certain members of the judiciary an “incompetent” and even an “idiotic” bunch!

All the Chief Justice (CJ) and the judges in the Palace of Justice have managed to do is remain mum, mute and mumble amongst themselves as N H Chan methodically makes them out for who they really are and the mockery they have made of the law!

The respected, renowned and retired Justice N H Chan is very frustrated, fed-up and furious at how the judiciary which he had served so faithfully has been reduced to a farce run by those who are legal and intellectual frauds or what he has called “imposters”!

With each passing compromised judgment N H Chan unhesitatingly hits out at judges with an increasingly sharper sting. He leaves no stone unturned, no errant judge uncovered. They can “no longer mask their hyperbole judgments with unintelligible garbage”.

“Fools on the bench”
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Sabah DAP’s KDM chief minister promise questioned

By Joe Fernandez | Malaysiakini

A Sabah DAP ‘carrot’ that a non-Muslim KadazanDusunMurut (KDM) will be the chief minister in Kota Kinabalu – should Pakatan Rakyat form the state government – has revealed the division in the opposition alliance on the issue.

Sabah DAP vice-chairperson Edward Ewol Mujie had given the assurance, in urging Sahahans to vote for Pakatan in the next election.

However, former Sabah PKR deputy chief Daniel John Jambun pointed out that Pakatan component parties are currently led by non-KDM.

“So, how is a KDM, whether Muslim or non-Muslim, going to be chief minister if Pakatan wins the elections?” he asked.

jeffrey kitingan sabah 310508Daniel also reminded Edward that PKR de facto leader Anwar Ibrahim had been adamantly against Jeffrey Gapari Kitingan (left) becoming the Sabah PKR chief.
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Najib will have no time for affairs of state as Prime Minister if he spends 10 hours a day on Facebook

Even before a full year, the Najib premiership is more than fraying at the edges – showing a serious schizophrenic personality.

The Prime Minister Datuk Seri Najib Razak proclaims the slogan and vision of 1Malaysia. Deputy Prime Minister, Tan Sri Muhyiddin Yassin, however invokes a different image – a divided Many Malaysia!

I was struck by this schizophrenic Najib premiership when I read the Malaysiakini news report just now that ”Najib will respond to ‘good suggestions’ in Facebook”.

Speaking to some 500 civil servants and community leaders at a briefing organized by the Kelantan Federal Development Department, the Prime Minister’s political secretary Shahlan Ismail said the Prime Minister would respond to all constructive opinions submitted by the people in the country via the Facebook.

He said between 100 and 200 messages were received each day with various suggestions and opinions and some of them were used as a guide by the Prime Minister.
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The indomitable spirit of several thousands who stood under heavy rain to hear Pakatan Rakyat leaders in Semboyan Halilintar ke Putrajaya ceramah perdana potent sign that the goal of Putrajaya is within reach

I thought the crowd of thousands for this Semboyan Halilintar ke Putrajaya ceramah perdana in Seremban to commemorate the second anniversary of March 8, 2008 political tsunami would dissolve away when the full blasts of the rain came, but the indomitable spirit of several thousands who stood their ground despite heavy rain is a potent sign that the Pakatan Rakyat goal of Putrajaya in the next general election is within reach.

In recent weeks, Umno/Barisan especially through their owned and controlled mainstream media (msm) had tried to paint a picture of Pakatan Rakyat in disarray if not in disintegration, focusing particularly on Parti Keadilan Rakyat (PKR) which has been reduced to 26 from 30 MPs two years ago.

Firstly, Umno/BN tried to foment trouble in Pakatan Rakyat saying that I should be Parliamentary Opposition Leader as the DAP with 28 MPs has now more MPs than PKR. Thanks but no, as DAP has decided that Anwar Ibrahim is the Parliamentary Opposition Leader heading the Pakatan Rakyat in Parliament until he becomes the new Prime Minister when Pakatan Rakyat captures Putrajaya in the next general elections.

Secondly, the Umno/BN launched a psychological warfare against PKR and Pakatan Rakyat because of the PKR cleansing process resulting in the reduction, whether by defection or expulsion, of its parliamentary strength.
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Has Najib’s New Economic Model been hijacked by Neo-NEP Umnoputras like Perkasa forcing another delay in its announcement?

The assurance by the Deputy Prime Minister Tan Sri Muhyiddin Yassin that no Malaysian would be sidelined in the New Economic Model (NEM) is not convincing when from all indications, the NEM has been hijacked by Neo-NEP Umnoputras like Perkasa, forcing another delay in its announcement.

When Datuk Seri Najib Razak became Prime Minister last April, he announced that the government would introduce a new economic model for the country to ensure that Malaysia makes a quantum leap to escape the middle-income trap to become a high-income country through greater emphasis on innovation, creativity and competitiveness.

In May last year, the Second Finance Minister, Datuk Seri Ahmad Husni Hanadzlah said the new economic model would be announced in the second half of the year.

Time is clearly of the critical essence to launch a new economic model as Husni subsequently admitted in a very frank speech in December that the country had lost a decade in economic stagnation.

In actual fact, Malaysia had lost not only one decade in economic stagnation but four decades in failing to fully realize the economic potential of the rich natural and human resources of the country, resulting in Malaysia losing out not only to other countries including Singapore, Taiwan, South Korea but at risk of being overtaken by an increasing list of other countries like Vietnam, Thailand and even Indonesia.
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Not a time to lose March 8 spirit

By Kee Thuan Chye

There was a lot of optimism right after March 8, 2008. There was a sense that things would get better. But has there been much change two years since that day?

Instead of seeing multi-racialism being freely accepted and manifested in government policies, we find ourselves becoming more divided along racial lines. Right after March 8, Umno embarked on its campaign to warn the Malays that they were under threat and to rise up against this.

The government has assumed a schizophrenic personality – the prime minister talks about 1Malaysia while his deputy says things that are completely contradictory. The PM talks about multi-racial unity while his own party campaigns for Malay unity.

Many of us had hoped that, after the elections, both Barisan Nasional and Pakatan Rakyat would set aside their political differences and get down to the business of working for the national interest, of saving this country.
Instead, they have been doing their darnedest to do the dirty on each other. BN is coming out tops in that effort because it has the media under its control. Both seem to be doing their worst to win the next general election.
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Target of Pakatan Rakyat in Sarawak in the forthcoming state general elections must be to form the next State Government or deny BN 2/3 majority

I feel great satisfaction and a sense of fulfillment at today’s opening of the RM800,000 Kuching DAP premises as it is the culmination of the blood, sweat and tears of DAP leaders, members and supporters in Sarawak in the past 32 years since 1978 when Sarawak DAP was first formed.

We pay tribute to the Chairman of the Building Committee Sdr. Chong Siew Chiang, the founding Sarawak DAP Chairman who had planted the DAP flag in Sarawak in 1978 with a handful of Sarawakian visionaries. Another such visionary, who is with us today, is Sdr. Ling Sie Ming, the “dragon slayer” in the 1982 general elections when Sarawak DAP made the parliamentary breakthrough winning two parliamentary seats.

But the DAP struggle in Sarawak was a very arduous and testing one, as we were unable to make a breakthrough in the Sarawak state general elections for 18 years until 1996 when we first sent the Rocket to the Sarawak state assembly with the election of three Sarawak DAP State Assemblymen.

The May 2006 Sarawak state general election saw another historic breakthrough when DAP Sarawak sent six representatives to the Sarawak state assembly out of a total of nine successful Opposition candidates – a prelude to the March 8 political tsunami of the 2008 general elections in Malaysia.
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Ong Tee Keat and RM12.5 billion scandal – leave with a bang and not in a whimper

In yesterday’s pathetic 56th MCA Annual General Meeting attended by only 25% of the eligible MCA delegates and boycotted by the majority of the MCA Ministers, Deputy Ministers, MPs and State Assembly members, MCA President Datuk Seri Ong Tee Keat suggested his present troubles were caused by his investigation of the nation’s biggest financial scandal – the RM12.5 billion Port Klang Free Zone (PKFZ) scandal.

For several months, I had refrained from commenting on the PKFZ scandal after putting intense pressure on Ong to “tell all” about the scandal – at one stage, posing three-questions-a-day for 36 days without pause, totaling 108 questions, to force Ong to act on the PKFZ scandal.

I wanted to give Ong a completely free hand and not to feel to be under any pressure when there were signs that some action were at last being taken to ensure proper accountability for the PKFZ scandal.

However, up to now, only four not major personalities had been charged in court for corruption and abuses of power in the PKFZ scandal before the new year, with the promise by the Attorney-General, Tan Sri Abdul Gani Othman himself that “big fishes” in the PKFZ scandal were almost ready to be brought to book and prosecuted in court.

The whole nation waited in bated breath for the arrest and prosecution of the “sharks” of the RM12.5 billion PKFZ scandal, as nobody really believe that the four middling persons charged last December could be responsible wholly or even for majority part of the PKFZ scandal.
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Najib losing battle for 1Malaysia when a rational and level-headed Umno leader like Second Finance Minister Husni could make a racist remark when he is under influence of Penang UMNO

The Prime Minister, Datuk Seri Najib Razak is fighting a losing battle for his 1Malaysia slogan and concept when a rational and level-headed Umno leader like the Second Finance Minister Datuk Ahmad Husni Mohd Hanadzlah could make a racist remark when he is under the influence of Penang Umno.

DAP MP for Jelutong Jeff Ooi has asked Husni to apologise for making a racist remark at a dinner organized by the Penang Malay Chamber of Commerce on Friday, where he said: “Kalau orang Cina di Pulau Pinang buli kita, kita lawan balik orang Cina”.

Husni’s racist remark was reported in the evening edition of the Penang papers on Saturday night but it was taken out in the morning editions of the Sunday papers.

Although this racist Husni remark has been denied, it had been caught on tape.

I am very surprised as DAP MPs have always found Husni as a very rational, level-headed and reasonable Deputy Minister and since Najib’s elevation as Prime Minister last April, as Second Finance Minister, and we find it most shocking that he could have uttered such a racially-laden statement, which runs counter to what Najib’s 1Malaysia represents.

The question all Malaysians must ponder is why a usually rational, level-headed and reasonable Umno leader who is very moderate in his views could make such a racist remark completely of his character?
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Towards A Developed Malaysia – Part 5

By M. Bakri Musa

[Presented at the Third Annual Alif Ba Ta Forum, “1Malaysia Towards Vision 2020,” Rochester Institute of Technology, NY, December 5, 2009, organized by Kelab UMNO NY-NJ. The presentation can be viewed at www.youtube.com (search under “Bakri Musa RIT”) or through this link]

Part Five of Six: Q&A Con’td:

Q 4: How can we unite Malaysians when we have these separate school systems?

MBM: The underpinning of the national school policy, as articulated in the Razak Report of 1956, was that if young Malaysians were to learn the same language, read the same books, study the same history, then we would all idolize the same heroes and subscribe to the same values. With a common base and shared goals, national unity would be that more readily achievable.

It was not an unreasonable assumption. Tun Razak’s national schools were a definite improvement over the then existing vernacular schools. At least Malaysians now know more about Tunku Abdul Rahman than Nehru or Chiang Kai Shek, and can speak the national language, an achievement that should not be belittled.
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Dr. Chen – the indefatigable Malaysian warrior for justice and democracy

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Kit Siang: Pakatan to win big if Anwar is jailed

By Neville Spykerman | The Malaysian Insider

SHAH ALAM, March 7 — Veteran opposition leader Lim Kit Siang today predicted the Pakatan Rakyat will have an easier time at the next general election if the government jails Datuk Seri Anwar Ibrahim for sodomy.

“If he is jailed, our motto will be free Anwar, vote PR!” said the DAP stalwart during the Selangor Pakatan Rakyat (PR) Convention.

Anwar, the de factor PKR and PR leader, is facing his second sodomy charge in more than a decade after he was sacked as deputy prime minister and later jailed for sodomy and corruption offences.

The next election is not due until 2013 but pundits expect Prime Minister Datuk Seri Najib Razak to call for snap polls after the Sarawak state elections, which are due by July 2011.

The Ipoh Timor MP said the ruling Barisan Nasional (BN) government was courting trouble by continuing their persecution of the Opposition Leader, who has denied the sodomy charge and called it a political conspiracy.
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Cabinet on Wednesday should give “green light” for legislative action to allow state governments like Penang to restore local government elections

The Penang State Executive Council has made a historic decision to restore local government elections for Penang which was suspended 45 years on 1st March 1965 because of Indonesian Confrontation which ended in the latter part of 1966.

If elections to the two Municipal Councils of Penang, the Municipal Council of Penang Island (MPPP) and the Municipal Council of Seberang Prai (MPSP) are held at this time, it would be doubly meaningful because the last local council elections in Malaysia was held half a century ago in 1961.

In fact, there would be a triple significance as the first-ever elections held in the country was for the Municipal Council of George Town on Dec. 1, 1951 – marking the 60th anniversary commemoration of the start of the nation’s electoral history.

Following the historic decision of the Penang State Government to restore the third vote, with the Penang Chief Minister Lim Guan Eng writing to the Election Commission to conduct local government elections for the two municipalities in Penang, the Cabinet on Wednesday should give the “green light” for legislative action to be taken to allow state governments like Penang to restore local government elections.
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Kit Siang’s ‘biggest losers’ jibe riles Sabahans

Joe Fernandez | Malaysiakini

DAP stalwart Lim Kit Siang has distressed BN leaders in Sabah no end with his Feb 28 statement in Kota Kinabalu that the KadazanDusunMuruts (KDMs) – the largest indigenous group in the state – are the biggest losers under the ruling coalition.

The reverberations are still echoing throughout the state and is likely to haunt BN in the run-up to the next general election.

Lim had also linked the biggest losers tag with the continued ban on the book, ‘Peter Mojuntin Golden Son of the Kadazan’, by former Malacca DAP leader Bernard Sta Maria. He has since initiated an online campaign to get the ban on the book lifted.

The book is about Sabah’s leader Mojuntin, who died in the plane crash together with a number of other top leaders including the state’s first chief minister Fuad Stephens in 1976.

Sabah Chief Minister Musa Aman, a Pathan-Dusun, castigated Lim in no uncertain terms for being irresponsible. He was particularly upset that Lim pointed out that Umno had held the CM’s post for 11 of the last 16 years, the Chinese for four years and the KDM for only nine months.
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Cops crash DAP party

Sentul OCPD ACP Zakaria Pagan up on stage to declare the party over. – Picture by Choo Choy May
Sentul OCPD ACP Zakaria Pagan up on stage to declare the party over. – Picture by Choo Choy May

By Clara Chooi | The Malaysian Insider

KUALA LUMPUR, March 6 — Police put a stop to a dinner and ceramah organised by the Kepong DAP here tonight.

The function, which features star speakers from Pakatan Rakyat like Datuk Seri Anwar Ibrahim, Lim Kit Siang and Datuk Husam Musa, was called to an abrupt halt at 10pm when the police raided the premises.

About 1,500 people in attendance booed loudly when Sentul OCPD ACP Zakaria Pagan took to the stage and announced that the ceramah was cancelled.

He justified the action by pointing out that the function’s permit was only to organise a dinner and not a ceramah with political speeches.
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Bumburing Calls On Health Ministry To Expedite Upgrading Work On Tuaran Hospital

TUARAN, March 5 (Bernama) — Former Sabah deputy chief minister Datuk Wilfred Bumburing has called on the Health Ministry to expedite the upgrading of the Tuaran hospital to cater for the health care needs of about 120,000 people living in the area.

He said the hospital was in dire need of upgrading and it was sad that a hospital for a large district like Tuaran, with a population of 120,000, had no bed at all.

“I was also told that the hospital had been downgraded to a clinic in the past. In my speech in Parliment last year to debate the 2010 budget I have outlined all the reasons and rationale as to why the construction of the hospital is most urgently needed,” he told reporters here on Friday.

However the member of Parliment for Tuaran denied DAP advisor Lim Kit Siang’s recent allegation that the BN government had not done anything to develop Tuaran.

Bumburing said the Health Ministry had assured him that the second phase construction of the hospital would start this year.

“While appreciating Kit Siang’s concern, I have to mention that we in the Barisan Nasional have carried our duty and responsibility in bringing up to the relevant authorities matters that are of urgent public interest,” he said.
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