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Wednesday, November 23, 2016

Why we fail at corporate governance with corrupt officials?

 

Malaysia still suffers from corporate scandal after another, says Musa


PETALING JAYA: Malaysia is great at formulating legislation for corporate governance but lacks the ability to implement and enforce these, said former deputy prime minister Tun Musa Hitam (pic).

“As far as I can remember, Malaysia is the leading developing country that currently occupies the top half of the list in formulating legislation, rules and regulations for corporate governance.

“But when it comes to implementation and enforcement, we occupy the lower half of the list,” said Musa, who is also World Islamic Economic Forum chairman. Delivering his keynote address at the Women’s Institute of Management’s Conference on Integrity and Corporate Governance, Musa said that in the past, government and corporate leaders were required to attend a course on corporate governance.

“It is quite obvious that these efforts are to no avail and the programme seems to have been scrapped.

“After all our training, Malaysia still suffers one corporate scandal after another,” he said.

The country’s weakness in corporate governance lay in its inability to enforce the rules and was the major cause of its many scandals, he said.

Musa said that good governance extended to areas relating to corruption, abuse of power, accountability, application of corporate social responsibility (CSR), transparency and protecting shareholder interest.

“If you ensure transparency and accountability in decision making, apply CSR and care about shareholder interest, then you are practising good corporate governance,” he said.

Good corporate governance, Musa pointed out, could only happen if all the laws were implemented without fear or favour.

“This is most crucial for good corporate governance and it is up to the chairman and board of directors to administer this,” added Musa.

Another important ingredient was leadership with integrity, he said.

“Leadership by example produces good governance and in my experience, if this is practised, even the most influential person can be persuaded to act in the broader interest of the corporation and shareholders.” By Jo Timbuong The Star

Corporate governance – a shared responsibility


TUN Musa Hitam was spot on when he said at a conference on Monday that a company’s directors and managers were practising good corporate governance when they ensured transparency and accountability in decision making, applied corporate social responsibility, and cared about the shareholders’ interests.

These are indeed essential ingredients if we want our companies to be run well.

And Musa was right in pointing out that good corporate governance could only happen if the laws were implemented without fear or favour.

This matters because corporate governance thrives in an environment in which the rules are clear and robust, and the regulators are firm and consistent.

However, corporate governance is not just about complying with the letter of the law. It is also about directing and controlling a company through practices, structures and processes.

Many of these elements are voluntary; a thin line separates government oversight and the straightjacketing of business with an overkill of statutory prescriptions.

For example, most experts on corporate governance agree that the roles of chief executive officer and chairman of the board ought to be separated so as to avoid concentrating a lot of decision-making power in one person.

And yet, it is perfectly legal in Malaysia for an individual to wear these two hats at the same time. It is the same in some developed countries.

It remains a hot topic, but it is clear that most regulators continue to be reluctant to outlaw this practice of combining CEO and chairman duties.

The biggest challenge is to persuade company stewards to embrace the principles of corporate governance without being prodded by the authorities and their volumes of laws.

For this to happen, the directors and managers have to be convinced that good corporate governance adds significant value to their companies.

There are many studies that have concluded exactly that, but these findings mean little if there is still the perception that most people do not care about corporate governance.

Let us look at the listed companies, whose value is measured constantly in the stock exchange as investors buy and sell the companies’ shares.

On paper, a company with a poor track record in corporate governance would have trouble getting attention in the stock market.

And yet, we have frequently seen such companies at the centre of feeding frenzies sparked by speculation that the share prices will soar for whatever reason. This is not a great advertisement for corporate governance.

Nor is it encouraging that shareholder activism in Malaysia is limp. Many of those who own small amounts of shares in a company are often indifferent to how the company is performing, preferring instead to focus on the share price.

And when they do turn up at the shareholder meetings, it is seldom to engage with the board and management and to ask tough business questions.

The regulators and company stewards alone cannot push the corporate governance agenda.

Investors and other stakeholders too must show that they appreciate the fruits of good corporate governance, instead of complaining bitterly only after companies have collapsed and huge investments have gone down the drain. The Star Says

A-G: GLCs should adopt best practices

Praise and encouragement: Ambrin speaking during the WIM Conference on Integrity and Governance at the One World Hotel in Petaling Jaya.

“In theory, the country’s best practices could be easily adopted wholly or in part by most GLCs. But in reality this is not always the case as you can see from our audit findings with regard to the business performance and corporate governance of these GLCs.

“If guidelines are not being adhered to or given exemptions, it may severely compromise the governance and expose the companies to risk of fraud and corruption,” he said in a keynote address at the Women’s Institute of Management (WIM) conference on integrity and governance yesterday.

The 2015 Auditor-General Report (Series 2) was released two days ago, in which issues like poor management of the Cooking Oil Stabilisation Scheme and weaknesses in the management of medicinal supplies at health clinics nationwide were highlighted.

On the issue of GLCs that were not doing well, Ambrin said these companies were supposed to contribute to wealth creation for the government and act as a trustee to the public.

“Instead, they might become a burden, asking for bailouts and additional grants or to convert their loans to equity so they can continue to exist as a going concern, but to whose benefit really, one might ask,” he said.

The Auditor-General also observed that based on his audit experience, there were times where a GLC’s board of directors had been conveniently bypassed on major decisions.

He added that companies should have at least some, if not all, the best practices required to ensure integrity and good governance in their organisation.

“For example, I am very impressed with Khazanah, they have a high standard of governance and are very professional, so to me they are a model GLC.

“Of course we don’t expect smaller companies to have the full-scale best practices that they have, but at least have some elements like a standard operating procedure, internal audit committee, and a good board of directors,” he said.

Former Law Minister Datuk Zaid Ibrahim said merely having policies for integrity and good governance in place were not enough.

“Malaysians need to talk about it and live it in order to move a step ahead,” said Zaid who was a panellist at the conference.

He said putting integrity into action may be challenging because of restrictive laws like the Official Secrets Act but that shouldn’t stop people from doing so.

Zaid said if Malaysians were committed to the principles of integrity and good governance, they needed to be courageous in their cause.

“You cannot defend integrity without courage but be prepared to pay a price for it. You might not get promoted, or get the title, or the contract you want but integrity needs to be cultivated, no matter the price,” he said.

Zaid also said the courage to fight for integrity must come from within and individuals cannot expect the higher-ups to lead the way.

“You must own it and start with yourself,” he said, adding that the more people embrace the idea of integrity, the higher the chance of creating a society driven by morals and truth.
-  By LOSHANA K SHAGAR and JO TIMBUONG The Star

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Saturday, November 19, 2016

Bring corrupt culprits to court fast


MINISTER in the Prime Minister’s Department Datuk Paul Low recently told the Dewan Rakyat that the Malaysian Anti-Corruption Commission (MACC) detained 1,011 civil servants and 26 executives of government-linked companies (GLCs) for alleged corruption and money-laundering between 2014 and September this year.

Assets amounting to almost RM172mil were seized and frozen in relation to these cases.

The government officers nabbed outnumbered the GLC executives by nearly 40 to one, but that is no reason to focus less on the fight against corruption in the GLCs.

The GLCs are in many ways a special class of companies.

A GLC is like any other company in the sense that its primary objective is to make money from commercial activities.

At the same time, a GLC is controlled by the Government (usually through majority shareholding) and is thus an extension of the Government.

But that is not the only way that a GLC is like a government department or a statutory body.

Often, GLCs serve as instruments of public policy.

For example, they undertake huge projects that drive the country’s development. They are in industries that are strategic to national interests — aviation, finance, telecommunications, natural resources, automotive, ports and power.

They tailor certain aspects of their operations, such as human resources and procurement, to suit objectives set by the Government. And they champion causes that support what the authorities want to do.

As such, we have every reason to be dismayed if a GLC is not run with integrity and efficiency.

Do we derive comfort from the MACC’s detention of two GLC top men over the past week?

On Nov 10, the Commission picked up the general manager of a GLC at his house in Seremban to assist in a corruption probe.

And on Monday, a director of a GLC was detained for alleged abuse of power and corruption back when he was chief executive officer of another GLC.

We can view these developments as encouraging signs of the MACC stepping up its efforts to combat corruption in GLCs.

But the feel-good factor will not last if the investigations are not followed by swift and successful prosecution.

Hauling up people for questioning and freezing assets is only half the job.

The culprits must be brought to court and people need to see justice delivered without fear or favour.

If this does not happen, it only serves to bolster the longstanding argument that government has no business being in business.


 By The Star Says - The Star analyses the issues and developments of the day, and offers a viewpoint.

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It pays to learn from China

Malaysia can achieve high income nation through Belt and Road initiative, says minister


https://youtu.be/IjEEOkPW8Zc

MALACCA: Malaysia can learn from China which is skilled in attracting and profiting from the knowledge and skills of its human capital, said Datuk Seri Dr Wee Ka Siong.

The Minister in the Prime Minister’s Department said China was creating an innovative economy and not just a high-income one driven by strong domestic consumption.

“China’s leadership is building on ambitious growth targets based on equality, efficiency and evaluation. We need to emulate this trait,” he said. Dr Wee was speaking at the opening ceremony of the 8th World Chinese Economic Summit (WCES)

WCES is organised by the Asian Strategy and Leadership Institute (Asli) with the aim of promoting global and regional dialogue on the emergence of China as the world’s largest economy and bringing together the global Chinese diaspora.

Dr Wee said that Malaysia, through its participation in China’s Belt and Road initiative, would be able to achieve its aim of becoming a high-income economy by 2020.


“China can appeal to a variety of demographics within Malaysia. By utilising the diversity and skills of the multi-ethnic Malaysian workforce, China can further capitalise on business ventures in the region.

“This can include leveraging on the country’s Mandarin-speaking citizens in order to effortlessly conduct business, or using Malaysia’s large Muslim population to expand investment into the Middle East,” Dr Wee said.

One of the projects that came into the picture as an effect of Belt and Road was the Melaka Gateway that attracted an investment of RM43bil from China.

China’s southern province of Guangdong, which has established a friendly state and province relationship with Malacca, has expressed its interest in investing RM8bil in an energy project in the state that will create between 5,000 and 20,000 jobs for the locals, Dr Wee said.

On e-commerce, which currently contri­butes 16% to the GDP, he said that only 55% of local consumers use the Internet for shopping.

The appointment of Chinese Internet billionaire Jack Ma of Alibaba Group as the Government’s digital economy adviser will help tap the vast potential of that market.

The e-commerce market (excluding e-services) in Malaysia for this year was expected to reach US$991.1mil (RM4.3bil) in revenue, while the global e-commerce industry was projected to surpass US$3.5 trillion (RM15.3 trillion) within the next five years, said Dr Wee.

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Wednesday, November 16, 2016

The new China Syndrome: don't tell Chinese balik Tongsan, Tonggsan coming to Malaysia


May the goodwill generated from the Middle Kingdom’s investments coming our way be infectious.


NO doubt about it – the love is back. MCA is basking in its renewed affection and appreciation as a useful partner to Barisan Nasional.

That was supremely obvious in Prime Minister and BN chairman Datuk Seri Najib Tun Razak’s glowing speech at MCA’s annual general assembly on Sunday.

In the three years since the devastating general election in 2013, MCA has worked hard at rebuilding itself and has regained some of its mojo.

And it showed at this year’s assembly, which was very different from the mood and tone of the AGM post-GE13, when the party was still smarting from the anger and disappointment of its coalition partner.

Najib, feeling terribly let down by the lack of Chinese support, had lashed out at the community, calling their massive support for the Opposition a “Chinese tsunami”.

Not only that, he defended a Ma­lay newspaper’s front-page head­line: Apa lagi Cina mahu? (What else do the Chinese want?).

That year at its annual general assembly, he pointedly told MCA, whose parliamentary seats had been reduced to a mere seven and state seats to 11, half of what it won in the 2008 general election, that it needed “political Viagra” to raise its flagging spirit.

It was indeed a horribly low point for MCA. There were calls for the party to leave BN, but the leadership soldiered on, refusing to give up a long-established partnership.

A year later, at the MCA AGM, Najib did not mince his words again when he urged the party delegates to stop fighting among themselves because he found the factions confusing and tiresome.

All that has changed. On Sunday, he declared that there was no more Team A or B, only Team MCA, in recognition of Datuk Seri Liow Tiong Lai’s leadership in bringing unity and transforming the party.

But there was another feel-good factor at work at the AGM: the afterglow from Najib’s successful visit to Beijing a week earlier.

The Chinese government really rolled out the red carpet for Najib and his delegation, which included Liow, MCA deputy president Datuk Seri Dr Wee Ka Siong and other MCA leaders, during a six-day visit that netted investment deals amounting to RM144bil, covering bilateral trade, education, culture and defence.

Beijing’s warm relationship with Putrajaya and China’s position as Malaysia’s largest trading partner did not happen overnight.

China has always remembered Malaysia for being the first Asean country to establish diplomatic relations with it when communism was still seen as a threat to the region.

That was thanks to Najib’s father, second Prime Minister Tun Abdul Razak Hussein, who made that historic visit in 1974.

But it was the Malaysian Chinese community that went on to deepen and strengthen those ties. Again, this is something China remembers and is grateful for: Malaysian Chi­nese businessmen who invested in China in the late 1970s when Deng Xiaoping had just opened its doors to foreign investment.

Among them is the stellar tycoon Robert Kuok, said to wield great influence with the Chinese leadership, whose long-standing admiration for him culminated in CCTV, Chi­na’s state TV broadcaster, bestowing on him the China Econo­mic Per­son of the Year Lifetime Achievement Award in 2012.

Among the stories told include how Kuok earned the Chinese government’s trust and affection after he, the renowned Sugar King, secretly helped China overcome a severe sugar shortage in the early 1970s.

Interestingly, when Chinese leaders visit Kuala Lumpur or Singapore, they invariably choose to stay at Kuok’s Shangri-La hotel and that includes former president Hu Jintao and his successor, Xi Jinping, which is surely a measure of their continuing esteem for Kuok.

While the magnitude of the new investment deals raised eyebrows, China’s getting involved in building and funding major infrastructure projects isn’t new. After all, it was a Chinese construction company, CHEC, and a cheap Chinese government loan that helped build the second Penang bridge.

Granted, people have the right to be cautious and demand to know the details of such deals, and that should be respected. But there is no doubt that China has come to the rescue of Malaysia at a time when our economy needed a huge boost.

More importantly, Najib’s administration knows the role MCA leaders played in helping seal the deals.

After all, many of the MoUs signed concerned the development of transport infrastructure like the East Coast Rail Link and ports, which are under Liow’s portfolio as Transport Minister.

As reported, Liow made frequent trips to Beijing for meetings and wooed the Chinese to invest in Port Klang. Not only that, he was always on hand to host visiting Chinese dignitaries, like his counterpart Yang Chuantang, and Prime Minister Li Keqiang.

All the hard work came to fruition with the huge investments and the affirmation of trusted friendship between the two nations.

As Najib said, he continued to look east, like former prime minister Tun Dr Mahathir Mohamad’s Look East policy, because China was the world’s biggest economy. But frankly, there isn’t any other direction to look for big investment.

The realisation of China’s importance to Malaysia is fast taking root; so much so, the Red Shirts which, just a year ago tried to storm Kuala Lumpur’s Chinatown, have stopped their outright anti-Chinese attacks after Ambassador Dr Huang Huikang made it clear that Beijing would not stand for “incidents which threaten the interests of the country, infringe upon the rights of its citizens in doing business, or disrupt the relationship between Malaysia and China”.

But now that Najib has warmed up again to MCA and the Chinese from China are all the rage, it would really, really be nice if that love and goodwill could be spread around to Malaysian Chinese who have long invested in this place they call home and helped build it into a modern, progressive, successful nation.

It is time to stop making the Chinese community the convenient whipping boy and the bogeyman to frighten the Malays for political expediency. And no more allowing groups and individuals to spew hate speech and dangle the threat of another May 13.

This type of divisive politics has gone so bad that Liow reiterated his call for a National Reconciliation Council to strengthen the two pillars of national unity and cultural diversity, which he said had come under attack.

That is what is sorely needed to improve MCA’s chances of winning back the Chinese vote in the next general election, which is Najib’s ultimate challenge to the party.

As the joke that is going around now: no point telling the Chinese to balik Tongsan (go back to China) because Tongsan is coming to Malaysia.

By June H.L. Wong, So Aunty, So What? The Star/Asian News Network

Aunty was determined not to write about Donald Trump but she must mention she was gobsmacked by his five-year-old granddaughter’s ability to speak Mandarin.


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Tuesday, November 15, 2016

Xi, Trump discuss China-US cooperation

Working together 'only correct choice', Chinese leader tells president-elect



President Xi Jinping said on Monday that "there are a lot of things" China and the United States need to, and can, cooperate on, in a phone call congratulating Donald Trump on his US presidential election victory.

"Facts have proved that cooperation is the only correct choice for China and the United States," Xi told Trump, noting that the past 37 years of diplomatic relations have brought concrete benefits to the people of the two countries, as well as facilitating global peace and stability.

Since China and the US now have important opportunities and great potential for cooperation, Xi said the two countries should better coordinate in promoting the economic development of both countries and the world, and expand exchanges in all fields to bring bilateral ties forward.

"During the call, the leaders established a clear sense of mutual respect for one another," a statement from Trump's presidential transition office said. "President-elect Trump stated that he believes the two leaders will have one of the strongest relationships for both countries moving forward."

The two leaders also agreed to keep in close contact and meet at an early date.

Tao Wenzhao, a researcher of Sino-US relations at the Chinese Academy of Social Sciences, said mutual interests between the US and China will not be subject to US political changes. Both US parties subscribe to developing relations with Beijing.

Tao said it will take time to see how Trump's China policy develops after he takes office, though the new administration "will not necessarily resort to a trade war with China", despite his statements during the campaign and pressure from many US politicians for greater containment of China.

Tao said that is "because he is a smart businessman, and a trade war surely impacts both sides".

Fu Mengzi, a Sino-US relations researcher at the China Institute of Contemporary International Relations, said there should be a distinction between Trump's statements during the campaign and his policies as president.

"He knows the importance of China-US relations. He will find some 'China hands' to draft his policies toward China," he said.

At a daily news conference on Monday, Foreign Ministry spokesman Geng Shuang said China has remained in close communication with the US side, including Trump's team.

Geng also said that China expects to expand cooperation with the new US administration at all levels and in various fields, including infrastructure construction .

"The fundamentals of China-US relations will not change in the future, even though frictions may occur," Fu said.

Tao said the Chinese government will continue to cooperate with the Obama administration, citing the 27th China-US Joint Commission on Commerce and Trade coming up in Washington, DC.

By Mo Jingxi | China Daily.


 Beijing ready to push forward China-U.S. ties on new starting point: FM
China stands ready to further promote its relations with the United States on the new starting point following the election of Donald Trump as the next U.S. president, Chinese Foreign Minister Wang Yi said in Ankara on Sunday.


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