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Tuesday, February 27, 2024

Sack Anyone Who Doesn’t Perform

Sack anyone who doesn’t perform – PM and other ministers should learn from Tiong




Sack Anyone Who Doesn’t Perform – PM Anwar And Other Lame Ministers Should Learn From Badass Tiong - FINANCE TWITTER February 25th, 2024

With 35 years experience under his belt in the public service, Dr Ammar Abdul Ghapar was one of Malaysia’s 1.7 million lucky bloated civil servants. Untouchable due to his skin colour, he was promoted as the new director general of Tourism Malaysia on April 12, 2023. But he mistook his promotion as recognition of his talent and brilliance. The little Napoleon soon became big-headed.

When the Minister of Tourism, Arts and Culture – Tiong King Sing – suddenly terminated his service in a letter dated February 22, 2024, removing him effective February 26, he was shocked, angry and humiliated. Never in the history of the Malaysian Tourism Promotion Board had its director-general been removed in such a fashion. How dare Tiong removed him, supposedly an untouchable Malay?

Backing Ammar was Sri Ganesh Michiel, the clueless secretary-general of the Malaysian Tourism Federation (MTF) who demanded an explanation for the termination. Sri Ganesh argued that Ammar was a highly experienced industry professional with 36-year experience. Ammar shed crocodile tears, pretended to be lost about his termination, leading to rumours that he had been fired.

The termination letter went viral on social media, sparking another round of racist issue in a country that has seen the rise of extremism and racism. Opposition Perikatan Nasional, banking on Malay nationalism and Islamic radicalization for votes, appears to suggest that the fiasco was due to the major group Malay being bullied by the minority ethnic Chinese.

But Mr Tiong did not care about his subordinate’s skin colour. In fact, the minister was well prepared to spill the beans. As it turned out, director-general of Tourism Malaysia was not sacked, but merely demoted. And the reason he was demoted to deputy director-general (planning division) was due to his underperformance. The best part was Tiong managed to spare some time insulting Ammar’s qualifications.

The Minister of Tourism told media – “Since he couldn’t perform well, I decided that whoever is capable should take on the role, and if someone is incapable, step down to give others an opportunity. I don’t know if he lacked ideas or was unsure how to implement them. But if one cannot deliver results, a change is necessary. I didn’t terminate his employment; I simply reassigned him.”

Insulting Ammar’s over-rated qualification, Tiong said – “When the former director-general retired (Zainuddin Abdul Wahab), Ammar was not the ministry’s top suggestion. Still, I gave him an opportunity due to his PhD in tourism. Unfortunately, his performance did not reflect the qualifications of a PhD. This has nothing to do with race or religion. Let’s not play around with issues of race and religion.”

Graduated with a Doctorate of Philosophy in Hotel and Tourism Management and a Master of Business Administration from Universiti Teknologi MARA, Dr Ammar should be ashamed that he has given a bad name to his alma mater. Like it or not, it also speaks volumes about the quality of the university, which ranked #555 in QS World University Rankings 2024.

To justify how he had lost hope in the director-general, Tiong said that both he and his deputy, Khairul Firdaus Akhbar Khan, provided extensive advice to Ammar and sought input from him. However, like most civil servants infamous for inefficiency, low productivity, yet arrogant, the chief of Tourism Malaysia ignored all the advice and instruction as he thought he knew best.
 


Ammar’s defiance and lack of engagement with respective stakeholders to aggressively boost tourism was the last straw that broke the camel’s back. Tiong said – “Thailand can get 10 million tourists annually from China alone. We only receive 2 million Chinese tourists at most. I set a target of 5 million Chinese tourists, but he deemed it impractical and proposed lowering the target to 3 million.”

However, only 1.5 million Chinese visitors were recorded last year, meeting just half of the newly demoted Tourism Malaysia director-general’s own target. As a result, Tiong King Sing could not wait till Ammar’s retirement in March 2025 to terminate him. If indeed the tourism minister had wrongly or discriminately cut short his service, Ammar should have sued Tiong.
 


Instead, Ammar said – “I have no intention of going against any directive or instructions given to me, but I feel very frustrated and sad. I think that after serving for 36 years, I should not be treated this way”. Clearly, he believes that he should be allowed to keep his cushy job till his retirement as traditionally practiced by the incompetent Malaysian government, even though it means wasting taxpayers’ money on non-performing officials.

Despite the opposition’s attempt to politicise the issue using racial and religious cards, Chief Secretary to the Government Mohd Zuki Ali admits that the Minister of Tourism has the power and authority to hire and fire because the Malaysian Tourism Promotion Board is just another division under the ministry. Even Ammar’s colleagues on the board of directors of Tourism Malaysia supported his termination.

Despicable Dr Ammar Abdul Ghapar should be grateful that his boss did not sack him. Unlike Chinese ministers from Malaya (West Malaysia), who would think thrice about criticising useless and clueless senior government servants (more than 95% are Malays), let alone terminating their service, Tiong King Sing is from Borneo Sarawak (East Malaysia).

Arguably, Tiong is the only minister of Chinese ethnicity who dares to call a spade a spade. A member of GPS (Gabungan Parti Sarawak), the largest ruling party in Sarawak that holds the trump card in Anwar-led Unity Government, he does not need to appease anyone. Extremely rich, the 62-year-old politician and businessman is a classic example of a competent lawmaker desperately needed in the country.


To be effective and efficient, he shows Prime Minister Anwar Ibrahim, whose bloated cabinet has been expanded to 60 ministers and deputies after a reshuffle in December 2023, how the civil servants should be dealt with if they do not perform. Instead of pussyfooting and rewarding everyone just to become popular, including dead wood, the prime minister should learn from Mr Tiong.

The termination of Mr Ammar reflects a Chinese proverb – kill one to warn a hundred – that basically means to punish an individual as an example to others. Like the jailing of crooked former Prime Minister Najib Razak, the demotion of the director-general of Tourism Malaysia will set an example to the civil service that they are not untouchable, and can be punished if they sleep on the job.

Not only the speed of the job termination, which caught the little Napoleon with his pants down, is both admirable and inspiring, the decisiveness of the minister is precisely what investors – both foreign and domestic – have been looking for in the Anwar administration. The PM should decisively do what is necessary to reform the ailing country from decades-old structural problems.
 


Accountability and meritocracy are some of the missing pieces in the government and civil service, which led to widespread corruption and inferior standard. Instead of being held ransom by the underperforming civil servants, the government should terminate anyone who refuses to work together and promote those who can contribute to the country. Obviously, Ammar isn’t the only director-general who was paid without doing work.

Tiong King Sing is the same badass minister who rushed to the KLIA (Kuala Lumpur International Airport) in June 2023 in an attempt to help a traveller from China. Initially, he was reportedly barged into the restricted zone without a permit to free a Chinese national – a personal assistant of a senior official of a Chinese government-owned TV station who had arrived in Malaysia to pursue her PhD at a local university.


As it turned out, not only all Cabinet members have security passes which allow them to enter restricted areas at the KLIA, but the pro-active action of the tourism minister had exposed how the notorious immigration department solicited bribery in broad daylight. It was not true that he had breached security protocols, let alone bullied the immigration into freeing the Chinese traveller.

It was a standard modus operandi by the corrupt Immigration Department to solicit money from foreign travellers. In order to gain entry, a “three-star” ranking immigration officer demanded RM3,000 bribes from the Chinese woman. Stunningly, the female tourist was also asked an additional RM3,000 if she wanted to return to the country of origin or re-enter Malaysia using a “special lane”, and RM12,000 for visa-processing fees.

She needs to pay a whopping RM18,000 to gain entry into Malaysia as well as to return to China, without which she could be detained indefinitely – an intimidation and bullying tactic. Not only corruption had been committed, the cellphones of the women were seized by the immigration officers. Hilariously, after caught with its pants down, the immigration officers told Minister Tiong that the matter was a misunderstanding due to language barrier.

Rather than keeping quiet in order not to spook Malay voters, PM Anwar should decisively capitalize on the demotion of Ammar to promote accountability, efficiency, meritocracy and competency among the civil servants.-  Finance Twitter:

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 -NSTP file pic, for illustration purpose only.

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Unlocking the nation’s ‘brain bank’

Greener pastures: Among reasons why Malaysians opt to work in Singapore are enhanced job prospects, attractive salaries and advantageous exchange rates for the Singapore dollar. — THOMAS YONG/The Star

‘Rethink strategy to entice skilled talents to come back’

 PETALING JAYA: The country should set up a comprehensive registry of Malaysians working abroad, say human resources experts.

They said this can be done by using big data so that the government can formulate strategies for better “brain circulation” to lure our skilled workers into either returning home or contributing to the economy.

National Association of Human Resources Malaysia (Pusma) president Zarina Ismail said Talent Corporation Malaysia Bhd (TalentCorp), an agency under the Human Resources Ministry, should maintain a database of Malaysian professionals abroad.

“They can collaborate with embassies or high commissions for the most updated information and figures, so that we keep track of how many Malaysians are out there and what their expertise is.

“This should include Malaysians who went abroad for career prospects and who may have not been kept track of before this.“TalentCorp and the ministry should do more to help Malaysia turn the brain drain into brain circulation, which is doable,” she said in an interview yesterday.

The term “brain circulation” was bandied about in a statement by the Statistics Department last week.

According to the department, the nation must reframe the “brain drain narrative” and transform it into “brain circulation” in which the Malaysian diaspora will “eventually return to Malaysia after a predetermined period, thereby contributing the valuable expertise and experiences they acquired (overseas) back to the country”.For the short term, Zarina said Malaysian employers should use expatriates in the country to train locals to be on par with field experts.

“Make them train our local workforce and utilise their expertise since we have them here now so that the trained ones can become experts later and train future talent.

“We should also limit service terms for expatriates so that trained successors get an opportunity to perform and have hands-on experience for the job.”

Acknowledging that talent cannot be stopped from looking for better pay and opportunities abroad, Zarina said Malaysia should focus on strengthening its workforce with better career prospects and benefits.

“We have many people who are willing to work, such as women who want to take up welding jobs. We should identify those who want to work and train them.”

The emphasis should be on how to harness these workers’ capacity and skills in a productive way, she added.

National Council of Professors fellow Dr Syed Alwee Alsagoff said Malaysia has a hidden asset in the form of a “brain bank” consisting of a network of academic professionals abroad to plug the talent gap.

“This ‘brain bank’ represents knowledge, experience and global connections.

“By engaging this bank effectively, Malaysia can unlock a powerful tool for development and innovation,” he said.Syed Alwee said diaspora academicians can help Malaysia revolutionise its education by having world researchers injecting international experience into local universities.

Other ways, he added, include modernising research collaboration and innovation in a knowledge-based economy and creating a wellspring of fresh ideas, tackling issues from climate change to healthcare.

“These ‘academic ambassadors’ could bridge the gap between Malaysia and the world.”The diaspora, he said, can become a bridge to the world, boosting Malaysia’s global standing.

He added that engaging the diaspora is not just about tapping into existing talent but about strengthening connections.“Imagine ongoing collaboration, continued contributions and even potential future repatriation.

“By fostering these relationships, Malaysia can ensure a continuous flow of knowledge and talent, turning the ‘brain drain’ into a ‘brain gain’,” he said.

Syed Alwee said the key is engagement and connecting diaspora academicians with local professionals.

“We should transform isolated experts into a powerful collaborative force. Knowledge transfer programmes can link international academics with local professionals, sparking innovation and capacity-building.

“This ‘brain circulation’ fuels the ecosystem further.

“Short-term collaboration, seminars and guest lectureships act as bridges, injecting fresh ideas and perspectives into the local academic scene, keeping it dynamic and responsive.

“Malaysia’s brain drain might hold the key to unlocking its brain bank,” he added.

By engaging its vast academic diaspora, Syed Alwee said the nation can transform challenges into opportunities, thus moving towards a brighter future.

Source linkl

Poor ringgit performance due to a lack of competitiveness in Malaysia, a 28-year-old problem as a result of 1MDB financial scandal and the subsequent corruptions.

 

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‘Rethink strategy to entice skilled talents to come back’

Attracted to greener grass and career growth in S’pore

Sunday, February 25, 2024

China zooms ahead in space race - Advancement of China’s space programme is serving as a wake-up call for the US

;China Just Won the Space Race Against America...NASA is in Shock!

China Space Station Tian Gong is now complete and China is in a position to dominate the future of space and replace America as the number one space nation in the world. But how did this happen? How did China become a supreme space nation? Let's break it down

A staff member stands before a Long March-2F carrier rocket, carrying the Shenzhou-17 spacecraft, on the launch pad encased in a shield at the Jiuquan Satellite Launch Centre in the Gobi desert in northwest China on Oct. 25, 2023. — AFP

SHORTLY after New Year’s Day in 2019, China landed an unmanned spacecraft on the far side of the moon, where no mission had gone before. United States intelligence officials say they did so quietly, taking their time to verify the rover had landed in one piece and protecting themselves from embarrassment. Hours passed before Beijing announced its historic achievement to the world.

The landing was a wake-up call in Washington. China’s space program was advancing with unexpected speed. Beijing would soon assemble in record time a space station orbiting Earth, catching US officials off guard once again.

US intelligence officials acknowledge that China’s sudden advances had surprised them. They are no longer surprised. The intelligence community now assesses with confidence that China is poised to succeed in landing humans on the moon and constructing a permanent base camp at the lunar south pole by the end of this decade, four intelligence officials said, just as American space agency Nasa has fallen behind its own deadlines to achieve similar milestones.

It is the first time intelligence officials have publicly detailed their concerns that China may win the race to return people to the moon and establish a lunar outpost – an achievement that could set back US plans for human space travel for decades to come.

“It wasn’t too long ago that China said they were intending to land by 2035. So that date keeps getting closer and closer,” Nasa administrator Bill Nelson said in an interview. “I take it very seriously that China, in fact, is in a headlong race to get to the moon.”

Neither country plans to stop at the moon. Both see it as a training ground for missions to Mars in the 2030s, vying to make history by sending humans deep into space and landing them for the first time on another planet.

“Before, it was more of an afterthought – China was nowhere to be seen,” one US intelligence official said, speaking on the condition of anonymity to discuss sensitive intelligence matters. “Today, China gets the lion’s share of intelligence attention.”

A second US intelligence official said “space is very evident to China as a place they need to counter US power.”

“They don’t want to be the space power of the 2020s,” the official added. “They want to be the space power of the 21st century, the way we were in the 20th.”

More than half a century after the US put men on the moon, a space race is on for the new millennium. The first great competition of world powers since the end of the Cold War is spurring a new era of exploration that could send humans on missions far beyond those of the Apollo program 50 years ago.

But if the original space race with the Soviet Union was a sprint, this new competition with China is going to be a marathon.

“The United States will continue to lead the world,” Vice President Kamala Harris, who also serves as director of the National Space Council, said in a statement. “Our unrivaled network of allies and partners will power our deep space exploration, inspire the next generation of explorers, and will ensure that advancements in space benefit all of humanity.”

At Nasa, all of these goals are linked, forming a “ Moon to Mars Architecture” that is breaking modern precedent in Washington for space initiatives with sustained support and funding from consecutive Republican and Democratic administrations.

“Is China a catalyst? It should be. Chinese ambitions for both the moon and Mars should be taken very seriously,” said Dean Cheng, senior adviser to the China program at the US Institute of Peace. “Because from their perspective, it’s not just about planting a flag. There’s a whole freight train worth of baggage and meaning associated with both of these missions.”

“This is to establish presence,” Cheng said, “but then to establish the rules.”

Competition is already inching toward conflict closer to home. Since landing a rover on the far side of the moon, China has more than doubled its number of satellites orbiting Earth, and has launched a space plane that remained in low-Earth orbit for several months before ascending and releasing a projectile, defense officials said. Beijing is already fielding weapons in space, including electronic and cyberspace equipment, but also devices that can stalk and latch on to satellites to disrupt their orbit.

Nelson expressed concern that China may reach its lunar milestones first – a development that could allow Beijing to monopolize resources critical to a sustained presence on the surface, such as frozen water hiding in crevices of permanent darkness, and solar energy from mountain peaks bathed in eternal sunlight.

“If China were to land and begin an outpost there, I think it would be a Sputnik moment for the American people,” said G Scott Hubbard, Nasa’s first Mars czar and former director of the Ames Research Center at Nasa who now chairs SpaceX’s crew safety advisory panel. “They could claim it as their own.”

The Chinese Embassy in Washington said in a statement that “outer space is not a wrestling ground, but an important field for win-win cooperation. The exploration and peaceful uses of outer space is humanity’s common endeavor and should benefit all.”

Senior officials in the Biden administration said that China’s program could be the motivation the US needs to reestablish the wonder and drive of spaceflight that once captured the American imagination. “There are positive aspects to competition,” one official said, adding, “one person’s pressure is another person’s inspiration.”

Beijing surprised Washington once again last May, when its military-run Manned Space Agency held a press conference ostensibly to deliver a routine announcement.

Agency officials were introducing three new Chinese astronauts who would depart for China’s Tiangong Space Station the following day – part of a steady cadence of new crew members being sent into orbit every six months, an impressive achievement in and of itself. Then officials added that Beijing intends to land humans on the moon by 2030, moving their timeline up by years.

China’s Academy of Military Sciences has previously said that space “has already become a new domain of modern military struggle.” Neither the China National Space Administration nor the China Manned Space Agency responded to multiple email requests for comment.

China’s public plan is to use robots to scout the south pole for lunar water in 2026 and begin establishing its base there, to be called the International Lunar Research Station, in 2028. Beijing aims to complete a new Long March 10 rocket system for its crewed missions by 2027.

US intelligence officials say it would be “high risk” for the Chinese to attempt their first human landing at the south pole, but also believe Beijing will try to distinguish their first landing from Apollo.

“If there is a prestige goal,” one intelligence official said, “it is the south pole of the moon.” — TNS

 Source linkl

US and China vie for lunar real estate | The Star

https://www.thestar.com.my/news/focus/2024/02/25/us-and-china-vie-for-lunar-real-estate#:~:text=SPURRED%20to%20action%20by%20China's,crewed%20orbital%20mission%20in%202022.

The sunrise casts a golden glow on the Artemis I Space Launch System and Orion spacecraft. – NASA/TNS

Malaysia's giant leap into the stars

https://www.thestar.com.my/news/focus/2024/02/25/malaysias-giant-leap


Poor ringgit performance due to a lack of competitiveness in Malaysia, a 28-year-old problem as a result of 1MDB financial scandal and the subsequent corruptions.

 

The ringgit's poor performance can be attributed to a lack of competitiveness in Malaysia over the past 28 years, says a World Bank economist. Apurva Sanghi said this was partly a consequence of the 1Malaysia Development Bhd (1MDB) financial scandal.

 

PETALING JAYA: The ringgit’s poor performance can be attributed to a lack of competitiveness in Malaysia over the past 28 years, says a World Bank economist.

Apurva Sanghi said this was partly a consequence of the 1Malaysia Development Bhd (1MDB) financial scandal.

“Weak ringgit is ultimately a symptom of long-term decline in Malaysia’s competitiveness,” Apurva said on X.

The economist said while many Asian countries also slid following the 1998 financial crisis, Malaysia’s lack of reforms had affected its economy in the long run.

He added that Malaysia opted for short-term solutions to boost the ringgit in the immediate aftermath of the financial crisis.

Apurva said it consequently hurt the currency in the long run, adding that the government’s measures resulted in its GDP and exports falling.

He said the Thai baht and South Korean won outperformed the ringgit as both countries arguably reformed the most after the financial crisis.

Separately, Perikatan Nasional chairman Tan Sri Muhyiddin Yassin said the government should own up to its own failures instead of pointing fingers at others.

Muhyiddin said it is unreasonable for the government to blame the Opposition for the fall of the ringgit when they are the ones in power.

“They are the government of the day and have the responsibility, role and power to manage the country,” he said during his Pagoh constituency Chinese New Year celebration at a temple in Bukit Pasir yesterday.

The Pagoh MP was responding to former Sabah chief minister Datuk Seri Salleh Said Keruak, who said the Opposition’s constant claims about trying to topple the government mean they should shoulder some of the blame for the weak ringgit.

 

https://www.facebook.com/share/r/htSk5YiWYyri4v5M/?mibextid=D5vuiz




Soul-searching for ringgit solutions





Friday, February 23, 2024

What does Blinken's 'table and menu theory' signify?

US Secretary of State Antony Blinken takes part in a panel discussion at the Munich Security Conference (MSC) in Munich, southern Germany on February 17, 2024. Photo: VCG

Recently, during his participation in the Munich Security Conference (MSC), US Secretary of State Antony Blinken made a statement that offers significant room for interpretation and is worthy of in-depth analysis. When responding to a moderator's question concerning that "the US-China tensions are leading to greater fragmentation," he used an American slang phrase, stating that "if you're not at the table in the international system, you're going to be on the menu." Translated into Chinese, the meaning is akin to "if you're not the knife and the chopping board, you'll be the fish and meat on the board." As the chief diplomat of a superpower, Blinken's use of this phrase reveals a worldview characterized by a harsh and chilling perspective of a world where the strong prey on the weak.

This is not the first time Blinken has made such remarks. On January 24, 2022, during a forum, Blinken used this same phrase to elucidate the China-US relationship, emphasizing that in competition with China, they should make sure that the US is "at the table," but not on the menu. Going back further, this phrase appeared in a 1993 article in an American Middle East affairs journal, describing the situation in Lebanon at that time.

Subsequently, individuals of different backgrounds used it in various contexts. However, Washington politicians gradually found that it "vividly and accurately" encapsulates the US worldview and foreign strategy, making it resonate with their beliefs. Hence, Blinken reiterated the remarks.

The phrase "if you're not at the table, you'll probably be on the menu" is extremely straightforward, even blunt, representing a stark zero-sum game mentality. In plain language, if you have the strength, you devour others at the table; if you lack strength, you become the prey on the menu. It adheres completely to a jungle law where power and status, not ethical or legal norms, dictate actions.

Over 200 years ago, the massacre and land usurpation against the indigenous peoples living in North America were manifestations of this mind-set. World War I instigated by old European empires and, to some extent, the Cold War can also be seen as examples. However, with the progress of political civilization and the development of economic globalization, this mind-set and approach are increasingly unpopular.

In fact, even within the US, the use of this slang phrase is filled with criticism and reflection, because it implies that when privileges that can be enjoyed at the table appear, it is usually at the expense of sacrificing others. The corresponding Chinese phrase "if you're not at the table, you'll probably be on the menu" is even more filled with the humiliation of being at the mercy of others. Strictly speaking, Blinken, as the chief diplomat of the US and a professional diplomat, speaking such words can be considered a slip of the tongue and a loss of composure. However, his repeated blunt remarks in international public forums also indicate the unapologetic hegemonic thinking of current American diplomacy.

Washington's current official diplomatic rhetoric emphasizes the so-called "rules-based international order," but it is all used as tools to demand, restrain, and accuse others, or to cover up US own hegemonic intentions. Blinken's "table and menu" remarks indicate that the underlying logic that Washington truly believes in and follows in its foreign strategy has not fundamentally changed. He may also be intended to create a sensationalistic effect of intimidation. In the US Congress, there is a mobilization of public opinion on the strategy of containment against China, while internationally, the US is coercing other countries to take sides between it and China, or else they will end up on the menu.

Former US president Woodrow Wilson once said "the small states of the world have a right to enjoy the same respect for their sovereignty and for their territorial integrity that great and powerful nations expect and insist upon." The principle of sovereign equality of states established by the Westphalian system has long been one of the fundamental principles of international relations and international law. All countries, especially small ones, have a higher awareness and insistence on sovereign equality. However, centuries later, the chief diplomat of the US seems more convinced of power politics, and unashamedly uses the privilege of "sitting at the table with a Western knife and fork to prey on others" to pressure and entice other countries. It must be said that this is also the tragedy of American diplomacy.

Today's world is not a private restaurant monopolized and controlled by individual superpowers, but a broad stage where all countries should share prosperity, bear responsibilities, and compete fairly. The vast majority of countries in the international community share the common desire for peace over war, justice over hegemony, and cooperation over confrontation. No country is destined to become the fish on the menu. Going against this historical trend is bound to be criticized and opposed by the international community.

 
 
 
 

Wednesday, February 21, 2024

Victory for vernacular schools; Tax exemption for traditional and complementary medicine

A timely win for vernacular schools in Malaysia


Federal Court's decision is a victory for vernacular schools, says Dr Wee Ka Siong




PUTRAJAYA: The Chinese and Tamil schools are here to stay.

The Federal Court had refused an application by two non-governmental organisations (NGOs) to seek leave to appeal against an earlier ruling that the use of Chinese and Tamil languages in these schools is constitutional.

A three-member panel led by Justice Mary Lim Thiam Suan, in a 2-1 majority decision, dismissed the application by Islamic Education Development Council (Mappim) and the Confederation of Malaysian Writers Association (Gapena) against the Appeals Court’s decision on Nov 23 last year.

ALSO READ: A timely win for vernacular schools in Malaysia

The Appeals Court had affirmed that the existence and establishment of vernacular schools and the use of Chinese and Tamil languages in those schools are constitutional.

Justice Lim and Justice Rhodzariah Bujang dismissed the application of both petitioners, while Justice Abdul Karim Abdul Jalil dissented.

In delivering the majority decision, Justice Lim said the court found that Mappim and Gapena failed to meet the requirements under Section 96(a) of the Courts of Judicature Act 1964 to be granted leave to appeal on constitutional matters that had been amended by the petitioners.

“Therefore, the application for leave to appeal is dismissed with no costs,” she said.

ALSO READ: Federal Court's decision is a victory for vernacular schools, says Dr Wee Ka Siong

Prior to this, the two NGOs, through their lawyer, Mohamed Haniff Khatri Abdulla, submitted eight questions which consisted of six constitutional and two legal questions. However, the questions were later amended and only one constitutional question was presented to the court.

The constitutional question was whether the medium of instruction in the teaching and learning process in national-type Chinese and Tamil schools, established under Sections 2, 17 and 28 of the Education Act 1996 (Act 550), is an official matter and subject to the obligation under Article 152(1) of the Federal Constitution. Article 152(1) mandates the use of the national language for all official matters.

On Dec 29, 2021, High Court judge Justice Mohd Nazlan Mohd Ghazali (now Court of Appeal judge) dismissed the lawsuit brought by GPMS, Mappim, Gapena and Isma. GPMS did not file an appeal.

On May 29 last year, in the Kota Baru High Court, judicial commissioner Abazafree Mohd Abbas (now High Court judge) also ruled that the existence of vernacular schools is constitutional and dismissed a suit filed by I-Guru.

In their suit, GPMS, Mappim, Gapena and Isma named several parties including the Malaysian government, Chinese education groups Dong Zong and Jiao Zong, Persatuan Thamizhar Malaysia, Persatuan Tamilar Thurunal (Perak) and four political parties – MIC, MCA, Gerakan and Parti Bumiputra Perkasa Malaysia – as respondents.

I-Guru, meanwhile, named the Education Minister and the Government of Malaysia as respondents and sought a declaration that Sections 17 and 28 of the Education Act 1996 are inconsistent with Article 152 of the Federal Constitution.

The Chinese Language Council, Tamil Neri Association, Confederation of former Tamil School Pupils, MCA and Dong Zong were allowed to be interveners in the suit filed by I-Guru. Isma and I-Guru were not parties in the application for leave yesterday.

In yesterday’s proceedings, only the United Welfare of Retired Tamil Teachers Association Malaysia, Chinese Language Council, Malaysian Tamil Neri Association and United Association of Malaysian Tamil Students did not oppose the constitutional question by Gapena and Mappim, while 10 other respondents including the Minister of Education and Government of Malaysia opposed.

Earlier, Mohamed Haniff Khatri submitted that the application involved a matter of public interest that has never been challenged in court since independence. He said the matter should be brought to the Federal Court to be solved once and for all.

“If a decision is made at the Federal Court, perhaps it will not be challenged again, but if this application is only settled at the Court of Appeal, certain parties may try to challenge it again in court over the next 10 years,” he said.

Senior federal counsel Liew Horng Bin, representing the Malaysian Government and Education Minister, submitted that there was no merit in the application and both NGOs failed to establish that the case was of public importance.

Datuk Malik Imtiaz Sarwar, who acted for Chong Hwa Independent High School of Kuala Lumpur, said there was a distinction between a political issue and a legal one.

“It is not necessary for the court to grant permission to hear constitutional issues,” the lawyer said.  — Bernama

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A timely win for vernacular schools in Malaysia

Federal Court's decision is a victory for vernacular schools, says Dr Wee Ka Siong

Court: It’s protected by Constitution

Chinese and Tamil schools will continue operating

Vernacular schools not public authorities, protected under Article 152 of Constitution, says appeals court

Vernacular schools: Appeals court upholds constitutionality, dismisses appeals by NGOs

TCM practitioners exempted from 8 pct service tax - YouTube

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Traditional and complementary medicine practitioners registered under the T&CM Act 2016 will be exempted from the 8 percent service tax. Finance Minister II Datuk Seri Amir Hamzah Azizan said as long as the TCM practitioners are registered with the Act under the Health Ministry, they will be exempted from the service tax that will come into effect on March 1.

Tax exemption for traditional and complementary medicine ...


PETALING JAYA: Consumers can heave a sigh of relief as Traditional and Complementary Medicine (T&CM) services will now be exempted from the 8% Sales and Service Tax (SST) from March 1, a U-turn from what was previously gazetted.

This reversal by the Finance Ministry reflects a consideration for the well-being of the people, prioritising healthcare accessibility, said Second Finance Minister Senator Datuk Seri Amir Hamzah Azizan.

He added that this exemption aligns with the Madani Malaysia concept, which is part of the Madani Economy Rakyat empowerment framework.

“The decision was agreed upon by the Prime Minister and Finance Minister Datuk Seri Anwar Ibrahim as this is a step to improve the health and comfort of the people.

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“At the same time, the Madani Economy framework will continue to empower small and medium enterprises (SMEs) which employ more than half of the labour in Malaysia.

“The government has acknowledged that SMEs still have a journey ahead before they can enter the global market.

“Therefore, these entrepreneurs rely on domestic demand for their business survival, especially those SMEs offering services to Malaysians,” said Amir Hamzah in a statement.

The Finance Ministry further stated that practitioners registered under the Traditional and Complementary Medicine Act 2016 (Act 775) do not need to register with the Customs Department.

“The services which will be exempted from SST will be on traditional Malay medicines, Chinese traditional medicines, Indian traditional medicines, homeopathy, chiropractic medicines, osteopathic medicines and Islamic faith healing.

“The Finance Ministry agreed that the decision will be imposed from March 1 onwards on services provided by health and wellness centres which are run by T&CM practitioners who are registered under the Act 775 for the stated services,” he said.

On Jan 6, The Star had published an article quoting T&CM practitioners questioning why they were not exempted from the 8% SST as they are categorised and recognised by the Health Ministry for providing medical services.

The Malaysian Chinese Medical Association and Association of Malay Naturopathy Medicine Practitioners Malaysia had then stated that the government needs to provide further clarification on why their services were being taxed.

“If the modern medicine field can be exempted, then why do our clients have to pay taxes for T&CM treatments?

“We definitely need more clarification on this,” Malaysian Chinese Medical Association President Dr Heng Aik Teng had queried.

The Association of Malay Naturopathy Medicine Practitioners Malaysia pointed out that T&CM practitioners undergo procedures similar to modern medicine practitioners, including registering with the T&CM Council, renewing their Annual Practice Certificate, having qualifications that are recognised, and complying with Act 775.

Traditional Chinese Medicine: What You Need To Know


TCM practitioners use various psychological and/or physical approaches (such as acupuncture and tai chi) as well as herbal products to address health problems.

https://www.nccih.nih.gov/health/traditional-chinese-medicine-what-you-need-to-know