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Saturday, August 12, 2017

Penang exco man held in graft probe for abuse of power





https://youtu.be/TpHEBW1dEmM



https://youtu.be/i28FwI4tlV4

Arrest linked to illegal operation of carbon filter factory in Bukit Mertajam


For 10 years, a factory has been illegally burning sawdust to produce carbon for filters, forcing villagers and schoolchildren in parts of Bukit Mertajam to breathe dust-laden smoke every day. The matter has now flared up with the arrest of Penang exco man Phee Boon Poh and two of the factory’s directors by the MACC. All three are set to be remanded today.

GEORGE TOWN: An illegal carbon filter processing factory has become a burning issue in Penang with the arrest of state executive councillor Phee Boon Poh and two factory di­­rectors by graft-busters from the Malaysian Anti-Corruption Commis­­sion (MACC).

All three are expected to be remanded today.

The factory in Kampung Sungai Lembu in Bukit Mertajam was in the news on Wednesday when MACC officers raided its premises and seized several documents.

Yesterday, a team of five MACC officers raided Phee’s office at Level 53 in Komtar at about 11.30am and took away more documents.

Phee, who chairs the state Wel­­fare, Caring Society and Envi­­ron­­ment Committee, was asked to report to the Penang MACC headquarters in Jalan Sultan Ahmad Shah. He was arrested at 3.30pm when he turned up at the MACC building.

MACC deputy chief commissioner (operations) Datuk Azam Baki said Phee was detained under Section 23 of the MACC Act for abuse of power.

The section provides for a jail term of up to 20 years and a fine of up to five times the value of the bribe or RM10,000, whichever is higher.

The 66-year-old Phee was brought back to his house in Butterworth at about 5pm in his car and escorted by two MACC vehicles. It is learnt that he packed some personal be­­longings from his house before lea­­ving for the state MACC headquarters at 7.05pm.

The MACC also arrested a 70-year-old man and his 37-year-old son, the manager and director of the factory, at 6.05pm and 6.35pm respectively.

The two were summoned to the state MACC headquarters to give their statements before they were detained.

Lawyer R.S.N. Rayer, who accompanied Phee to the Penang MACC headquarters, said the exco man was asked to meet MACC officers after 2pm.

“I was informed that they (MACC officers) went to his office and took some documents including letters that he wrote. They wanted to re­­cord his statement regarding the documents.

“He gave his full cooperation and presented himself at the MACC office. I am surprised that he was arrested,” he said before leaving the state MACC building at about 4.30pm.

Earlier, the five MACC officers spent more than an hour in Phee’s office.

Shortly after they left, Phee and four assistants walked out of the office.

Phee declined to comment on the raid.

He is the second member of the current Penang state administration to be arrested by the MACC.

Chief Minister Lim Guan Eng was arrested in June last year over the purchase of a RM2.8mil bungalow in Pinhorn Road.

He was subsequently charged with using his position as the Chief Minister of Penang to gain gratification for himself and his wife, Betty Chew Gek Cheng, by approving the application for conversion of agriculture land to a public housing zone in south-west Penang to the com­­pany, Magnificient Emblem Sdn Bhd.

He allegedly committed the of­­fence while chairing the Penang State Planning Committee meeting at the operations room in the Komtar building on July 18, 2014.

The charge under Section 23 of the MACC Act 2009 provides for imprisonment of up to 20 years and a fine of up to five times the sum or value of the bribe, or RM10,000, whichever is higher, upon conviction.

Lim faces a second charge of using his position to obtain a plot of land and a bungalow located at No 25 Jalan Pinhorn, George Town, on July 28, 2015, from businesswoman Phang Li Koon for RM2.8mil, a price which he allegedly knew did not commensurate with the property’s market value at the time of RM4.27mil.

The charge, under Section 165 of the Penal Code, provides for a jail term of up to two years or a fine, or both, upon conviction.

Late last night, Lim was among several DAP leaders and members who turned up outside the state MACC headquarters to stage a candlelight vigil in support of Phee.

Source: The Star by crystal chiam shiying, chong kah yuan, lo tern chern, andlogeiswary thevadass

10 years of smoke in the eyes for villagers




BUKIT MERTAJAM: For about 10 years now, the villagers of Kampung Sungai Lembu have been forced to breathe air laden with pollutants. Children going to school at SJK(C) Kampung Sungai Lembu also have had to put up with the thick dust.

The air is thick with a burning smell from the processing activities at an illegal carbon filter processing factory, just 1km away from the school.

The 5,000sq-m factory, about the size of a football field, has piles upon piles of sawdust, much of it burning in deep pits.

The tall chimneys spout white pollutant-filled smoke into the air which is carried to the nearby villages by the slight breeze.

A source from the Department of Environment revealed that the factory also did not have an air pollution control system.

Kampung Sungai Lembu Deve­lop­ment and Security Committee chairman Tan Sing Lee, 58, said the factory also carried out open burning of sawdust to produce carbon.

“Every time the wind blows our way especially in December, the air is polluted. At night, the air is foggy and villagers complain about the smell,” he said.

“We reported the matter to Penanti assemblyman Dr Norlela Ariffin but no action was taken in the past two years,” he said.

The factory is also situated inside an oil palm estate, on land designated for agriculture.

Tan claimed a man in his 30s died in 2015 after he fell into one of the pits while filling it with sawdust.

A check by The Star at the factory yesterday found 20 pits, each measuring about 3m across. The pits were filled with burning sawdust and there was smoke everywhere. The sawdust is burnt to produce carbon which is then used in filters.

Permatang Pauh Umno chief Da­­tuk Mohd Zaidi Mohd Said claimed there may have been people in­­volved in covering up the issue before the raid on the factory by the Malaysian Anti-Corruption Commis­­sion (MACC) on Thursday.

“Several reports have been lodged against the factory.

It is impossible for the Seberang Prai Municipal Council to not be aware of it,” he said during a press conference in Kampung Sungai Lembu.

Also present was Parti Cinta Malaysia deputy president Datuk Huan Cheng Guan.

PKR rep Norlela glad over action against illegal factory

 

BUKIT MERTAJAM: Penan­ti’s PKR assemblyman Dr Norlela Ariffin (pic) is pleased that action is finally being taken by the MACC over an illegal factory in Kampung Sungai Lembu.

Dr Norlela said she raised the issue of the carbon filter processing factory more than two years ago. “The villagers told me about their concerns in February 2015. I raised the matter at the state assembly sitting but no ac­­tion was taken for two years,” she said.

It was in November that Dr Norlela broke down and sobbed uncontrollably at the assembly, clai­­ming the state government had failed to respond to her queries.

She lamented then that she had complained of many woes like illegal factories, frequent flooding and the lack of infrastructure like roads and proper jetties for fishermen.

“Early this year, before the state assembly sitting, villagers handed me an 18-page petition, appealing for the factory to be closed as they claimed it was affecting their health.

“It was also found that the factory was not operating according to guide­­­­lines,” she said yesterday.

In May, her allocation was withheld after she did not show up at the Yang di-Pertua Negri’s swearing-in ceremony.

Earlier this month, she complained that funds collected for flood mitigation had not been used to help her constituents.

“In Penanti alone, there are nine flood-prone areas that could greatly benefit from these funds,” she re­­portedly said, citing the Auditor Ge­­­ne­­ral’s Report 2016 Series 1 which revealed that the Seberang Prai Municipal Council had only used RM2.2mil of RM63.39mil collected from 2008 to June 2016.

Dr Norlela is among several as­­sem­­blymen who have been at loggerheads with the state leadership, often criticising it for not carrying out its duties or for not caring about the environment,

Last month, she praised the Sungai Buloh-Kajang MRT project and took a swipe at the Penang Transport Master Plan by comparing the construction cost of both projects in a video she posted on social media.

DAP's lone ranger faces his biggest test


GEORGE TOWN: Two-term Pe­­nang executive councillor Phee Boon Poh, 66, gained fame as a vocal opposition leader when he took on 38 Barisan Nasional representatives in the state assembly when he was the sole DAP assemblyman from 2004 until 2008.

Despite being overwhelmed, the “lone ranger” raised many issues.

Although PAS was represented by Mohd Hamdan Abdul Rahman, it was Phee who questioned the policies of the state administration headed by Tan Sri Dr Koh Tsu Koon.

Phee began his political career by winning the Bagan Jermal state seat in 1990, only to lose it to Barisan’s Tan Sri Dr Sak Cheng Lum in 1995.

In 1999, he contested the Sungai Puyu seat but lost to Barisan’s Loo Ah Dee. In 2004, he wrested it from Loo with a 607-vote majority.

In 2008, he retained his state seat with a 9,201-vote majority and was appointed state Welfare and Caring Society chairman.

He later took over the environment portfolio from state exco member Chow Kon Yeow.

In the 2013 general election, he beat MCA’s Sum Yoo Keong by 16,207 votes.

Phee is a distant relative of businesswoman Phang Li Koon, who has been charged with abetment in the two corruption cases against Chief Minister Lim Guan Eng.

MACC probes Phee’s letters - Directing council to 'stay away' under investigation

Phee Boon Poh mobbed by the media after he was remanded in George Town. — ZAINUDIN AHAD and ZHAFARAN NASIB/The Star

PENANG: The Malaysian Anti-Corrup­tion Commission (MACC) is investigating two letters, which appear to have originated from state executive councillor Phee Boon Poh, asking that no action be taken against an illegal factory.

The letters, written in 2015 and 2016, directed the Seberang Prai Municipal Council from shutting down the carbon filter-processing factory which had been operating illegally for the past 10 years.

The MACC is also investigating whether Phee or his officials had authorised the letters telling the council to back off.

As Phee and two of the company’s directors were remanded yesterday, the MACC is expected to call up a DAP state assemblyman for questioning.

The MACC is believed to be investigating the role of this state assemblyman in the case.

It is understood that MACC is also probing the relationship between Phee and the factory owners.

It wants to find out how the factory could operate openly despite complaints from the villagers nearby.

“The illegal factory is on an agro-based land. (We want to know) why it has been able to operate without any action (taken against it),” a source told Sunday Star.

Too close for comfort: The illegal carbon filter-processing factory still operating and its proximity to Kampung Sungai Lembu and surrounding areas near Bukit Mertajam. 

When contacted, MACC deputy chief commissioner (operations) Datuk Azam Baki said the anti-graft body will carry out a thorough probe and look into all angles.

Azam said investigations will focus on the element of abuse of power.

“We have opened an investigation paper under Section 23 of the MACC Act.

“We will look into whether one of the suspects has given (any form of) protection to the illegal factory to enable it to continue operating the last 10 years,” he said.

He declined to elaborate further as investigations were ongoing.

Sources said anti-graft officers revisited the house of the state exco member in Sungai Puyu on the mainland to look for more evidence to assist in the probe.

It is not immediately known if documents were seized.

The homes and offices of two other suspects will also be revisited as part of the probe.

More arrests are expected in the coming days as investigations into the case widen.

Source: The Star by simon khoo, crystal chiam shiying, lo tern chern, akil yunus

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No protection for corrupt in Penang govt, says Guan Eng | Free ...

 The Penang government will not protect any of its officials ... Chief Minister Lim Guan Eng says he believes state exco man Phee Boon ... Phee, who is in charge of the welfare, caring society and environment portfolio, was arrested yesterday by the MACC over alleged misuse of power.




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Friday, August 11, 2017

Malaysia must retool education, skills to adapt to knowledge economy

https://youtu.be/-5kgs6ecbHE

KUALA LUMPUR: Malaysia needs to reinvent its education system to adapt to the knowledge economy, which has led to a sharp reduction in unskilled jobs and spike in demand for data analysts.

Tan Sri Andrew Sheng, Distinguished Fellow of Asia Global Institute, University of Hong Kong, said Malaysia needs to retool its education and skills, and experiment across the spectrum, in positioning itself in the new economy.

“Formal education is outdated because of the speed of new knowledge. Companies do not spend on ‘on the job’ training, because of cost cuts and staff turnover,” he said during his presentation at the NCCIM Economic Forum 2017 yesterday.

Between 2007 and 2015, the loss of unskilled jobs was 55% relative to other jobs while demand for data analysts over the last five years has increased 372%.

In the global supply chain, old economy companies are quickly losing their edge as digitisation moves faster than physical goods while unskilled jobs will be quickly replaced by robotics due to the fast adoption of artificial intelligence (AI).

“Moving up the global value chain is about moving up knowledge intensity. If you don’t get smarter you won’t get the business.

“We are already plugged into the global value chain. We are very successful in that area but we cannot stay where we are. Remaining still is no longer an option. We need to move from tasks to value added growth to high value added production. In order to do that, we need to learn to learn.”

Sheng said the Malaysian economy is doing well but faces many challenges, including subdued energy prices, growing trade protectionism, geopolitical tensions and is still very reliant on foreign labour.

“Are we ready for the new economy? The way trade is growing is phenomenal but the new economy’s challenges are great and very complicated politically because technology is great for us as it gives us whatever we want but at the cost of our jobs,” he said.

When education fails to keep pace with technology, the result is inequality, populism and major political upheaval.

“What the new economy tells us is that robotics or AI (artificial intelligence) calls for Education 4.0, which means that we have to learn for life,” he said.

Sheng noted that Malaysia has successfully moved quietly into education services, medical tourism, higher quality foods, all through upgrading skills, branding and marketing.

“But formal education has become bureaucratised, whereas we are not spending enough on upgrading our labour force, prefering to hire imported labour,” he said.

Although Malaysia cannot compete in terms of scale and speed, especially against giants such as China, it can compete in terms of scope with strength in diversity, soft skills and adaptability.

“We are winners ... but have we got the mindset?” Sheng questioned.

He said Malaysia must upgrade its physical technology through research and development, harness its unique social technology and digitise its business model in order to create wealth.

While the government can help, he added, true success comes from community self-help irrespective of race or creed, and retired baby boomers who have wealth of experience must mentor the youth to start thinking about the new economy.

Eva Yeong, sunbiz@thesundaily.com


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Andrew Sheng is a distinguished fellow at Fung Global Institute, chief adviser ... member of Khazanah Nasional Berhad, the sovereign wealth fund of Malaysia.

MALAYSIA should leverage on social technology, which is its true strength, ... Tan Sri Andrew Sheng, who is a distinguished fellow at Asia Global Institute, ... the new economy as it involves lifelong learning to adapt, innovate and create. ... To enhance the skills of the civil service, he pointed out Singapore's ...

Andrew Sheng - Project Syndicate

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Home locked by Penang City Council over RM468 paltry arrears of assessment

 
Hard lesson: After settling his assessment arrears, Chua Yung Lin, 37, finally receives the key (inside envelope) to unlock the chain used to seal up his unit at Taman Seri Hijau in Van Praagh Road, Penang. (Above) A closeup of the notice from the council pasted on the grille gate. — CHARLES MARI ASOOSAY/The Star

A SALESMAN is furious that his apartment unit was padlocked by the Penang Island City Council (MBPP) because he failed to pay two years of assessment arrears amounting to RM468.86.

A council official, however, defended the action, saying that MBPP was empowered to do so under the Local Government Act 1976 if a ratepayer failed to pay a year’s assessment.

Chua Yung Lin, 37, got the keys to the padlock when he paid up the arrears as well as the RM111.86 second half assessment for this year and a RM20 penalty in Komtar on Wednesday after a neighbour informed him a day earlier that the MBPP had sealed the unit.

But he is adamant in not unlocking the padlock himself, saying that the council should do so as its officials were the ones who locked up the unit.

“They gave me all the keys to the padlock and when I asked them if I needed to return the chain and padlock, they told me I could keep them,” Chua told reporters outside the unit at Taman Seri Hijau in Van Praagh Road, Penang, yesterday.

He lodged a police report on Wednesday to inform the police that he had settled the arrears and for his safety should he decide to unlock the place himself.

Chua, who has been renting out the unit for the past three years, said it was dangerous for MBPP to padlock the unit as there could be someone inside who would not be able to escape should there be an emergency.

“Thankfully, there was no one in the apartment as I think my tenants have gone out of town,” he added.

He claimed to have forgotten to pay the assessment because his tenants did not inform him of the bills.

Penang Gerakan vice-chairman Lee Boon Ten said MBPP had acted prematurely and could be charged with criminal negligence for sealing the gate of an occupied home.

“He only owed them a nominal amount. If someone was inside the apartment when they locked it, it would have been false imprisonment,” said Lee who was also present.

MBPP treasury revenue unit head Suhaida Kamalul Ariffin said Section 148(3) of the Local Government Act 1976 empowered the council to seal premises whose owners defaulted in a year’s assessment payment but the council usually only did so after the arrears were accumulated for two years.

“We can actually break down the door and seize the belongings inside. If we don’t do that to avoid destroying the door, we will seal the premises as an indication to the owner. This is however only carried out after we have checked to see if anyone is inside.

“Only after we are sure it is unoccupied, do we seal the premises,” she said when contacted yesterday.

Suhaida also said the council pasted a notice demanding the owner to settle the arrears on the unit’s grille gate in May.

“There was no response, leading us to seal the apartment. Once payment is made, we usually give the owner the keys to the lock as it is standard procedure to let them unlock it themselves,” she said.

Source: The Star

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Thursday, August 10, 2017

Rail link a huge economic boost, big news for small towns in Malaysia

 
Boom time is here for railway towns, little places that dot the route of the RM55bil East Coast Rail Link from Port Klang to Kota Baru. Not only will the link shorten travel time between the west and the underdeveloped east of the peninsula, it will also unlock huge economic potential, create thousands of jobs and bring down the country's carbon footprint. And it could all happen sooner than expected.

KUANTAN: Exciting days are ahead for the many small towns that dot the route of the East Coast Rail Link (ECRL) from Port Klang to the Kota Baru.

A host of towns including Bentong, Mentakab, Maran, Kuantan, Cherating, Chukai, Dungun, Kuala Terengganu and Tok Bali and Kota Baru, all of which are designated as ECRL stations, are looking at boom times ahead.

The ECRL will also benefit freight transport as it will link key economic and industrial areas within the East Coast Economic Region such as the Malaysia-China Kuantan Industrial Park, Gambang Halal Park, Kertih Biopolymer Park and Tok Bali Integrated Fisheries Park to both Kuantan Port and Port Klang.



https://youtu.be/uP2Wa6BfQVk

Prime Minister Datuk Seri Najib Tun Razak called it “another milestone in the country’s land public transport history”.

With its slogan of “Connecting Lives, Accelerating Growth”, Najib said the project sets the tone for an economic spin-off effect and positive social impact for the east coast states.

“The ECRL is a high impact project that will provide easy access from the Klang Valley to Pahang, Terengganu and Kelan­tan.

“The 688km rail link will be a catalyst for economic equality between the west coast and east coast as it will stimulate investments, spur commercial activity, create ample jobs, facilitate quality education and boost tourism in the states of Pahang, Terengganu and Kelantan,” he said at the ground-breaking ceremony here yesterday.

Najib also urged local contractors with capabilities and know-how to seize the opportunity to take part in the project.

“We have together with our Chinese counterpart agreed that Malaysian contractors will be involved in at least 30% of this high impact project,” Najib said.

“The viability of the ECRL is undisputed as it is estimated that 5.4 million passengers and 53 million tonnes of cargo will use the service annually by the year 2030 as the primary transport between the east coast and west coast.

“Comparatively, revenue from the operation of the ECRL project is projected to be obtained through a transportation ratio of 30% passengers and 70% freight.”

Najib said the project was long overdue as the east coast states of the peninsula had only been connected to the west coast via a network of roads, highways and woefully inadequate rail lines.

Najib also urged local contractors with capabilities and know-how to seize the opportunity to take part in the project. “We have together with our Chinese counterpart agreed that Malaysian contractors will be involved in at least 30% of this high impact project,” Najib said.

“The viability of the ECRL is undisputed as it is estimated that 5.4 million passengers and 53 million tonnes of cargo will use the service annually by the year 2030 as the primary transport between the east coast and west coast.

“Comparatively, revenue from the operation of the ECRL project is projected to be obtained through a transportation ratio of 30% passengers and 70% freight.”

Najib said the project was long overdue as the east coast states of the peninsula had only been connected to the west coast via a network of roads, highways and woefully inadequate rail lines.

The railway line, with 12 passenger-only stations, three freight stations and seven combined passenger-freight stations, is expected to increase the gross domestic product of the east coast states by 1.5%.

China’s state-owned China Communications Construction Company has been appointed for the construction of the RM55bil project.

Malaysia Rail Link Sdn Bhd is the special purpose vehicle under the Minister of Finance Incorporated tasked as the project owner.

 

Rail link a huge economic boost - ECRL project set to create over 80,000 jobs and promote businesses along its route


KUANTAN: The economic impact of the East Coast Rail Link (ECRL) is huge and critics who say it is not feasible are wrong.

“There will be a multiplier effect. When there are more business people, we can get more taxes and government revenue will increase,” Malaysia Rail Link (MRL) chairman Tan Sri Dr Mohd Irwan Serigar Abdullah said.

He said critics must also look at the development that would take place alongside the ECRL in the long run.

China Communications Construction Group chairman Liu Qitao said the ECRL project was of great economic significance.

“It will promote social development and improve the living standards of those along the railway line, especially in the east coast,” he said.

Liu said that the rail link was also expected to generate more than 80,000 jobs for Malay­sians during its construction period.

Another 6,000 jobs will be created during the rail’s operation and the Chinese government will also train more than 3,000 Malaysian students.

A total of 3,600 graduates will be trained in rail technology through the ECRL Industrial Skills Training (PLKI-ECRL) programme.

Its chief coordinator Prof Dr Rizalman Mamat said about 1,000 applications had already been received as of yesterday.

“The first intake of 50 participants will begin in September with the next intake of 250 scheduled in December.

The next batch of 700 trainees will be in April next year.

“The programme will be focused specifically on the socio-economic development of the east coast but this does not mean those in the west coast cannot take part.

Dr Rizalman said the training was open to graduates who majored in civil engineering, mechanical engineering and electrical engineering.

He added that Universiti Malaysia Pahang (UMP) had been appointed as the focal university for the implementation of the programme, with cooperation from Beijing Jiaotong University and Southwest Jiaotong University and other institutions of higher learning in Malaysia.

He said railway technology was developing rapidly and the programme was a stepping stone for UMP to develop rail engineering in the future.

The training under the programme will take four to six months, said Dr Rizalman.

China state councillor Wang Yong said ECRL was a landmark project for China and Malaysia.

“The team from our two sides have had productive cooperation. This is a full demonstration of the friendship between China and Malaysia and its efficiency,” said Wang.

MRL project director Yew Yow Boo said the railway would have 88.8km of viaducts mostly in Kelantan and Terengganu to bypass flood-prone areas.

Yew said the first phase would have a total length of 49km of tunnels at 19 locations with the longest being 17.9km connecting Bukit Tinggi and Gombak.

Source: The Star/ANN

Liow: Do not politicise the ECRL





KAJANG: The East Coast Rail Link (ECRL) is created for the people and country, and should not be politicised or turned into a racial or language issue, says Transport Minister Datuk Seri Liow Tiong Lai.

“I would like to emphasise that the ECRL is one of the most important projects for the nation.

“It’s a game changer for the east coast. It is for the country’s economic development and to help us reach greater heights.

“The theme is very clear, we’re pushing for connecting lines and accelerating growth,” he said after attending Universiti Tunku Abdul Rahman’s 15th anniversary celebration at its Sungai Long campus here yesterday.

The RM55bil ECRL from Port Klang to Kota Baru, which is 534.58km long, is estimated to be completed in 2024.

Liow cautioned actions that could harm good bilateral ties between Malaysia and China were counter-productive.

 Varsity pillars: (Standing from left to right) Utar founding president Tan Sri Dr Ng Lay Swee, MCA vice president Datuk Dr Hou Kok Chung, Dr Chuah, Dr Ling, Liow, Dr Ting, Chong and Utar Board of Trustees chairman Tan Sri Dr Sak Cheng Lum cutting Utar’s anniversary cake. 

“We must explain to the people that the ECRL is for them and the nation. They should not be misled by those out to create a controversy,” he said.

The ECRL was launched in Kuantan on Wednesday.

Certain groups had criticised the rail link launch, claiming that it was “too Chinese”.

Liow described the launch as a successful event, adding that the project was set to bring many benefits to Malaysians.

“We have received a lot of support for the project. We are looking forward to its completion,” he added.


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Stop bitting the helping hand

Wednesday, August 9, 2017

Bitcoin must not in your retirement financial planning portfolio


Bitcoin investments have undeniably become a trend among savvy investors in search of the golden goose, but one financial planner is against the use of it as part of the financial planning portfolio for retirement.

Max Growth Wealth Education Sdn Bhd managing director Nicholas Chu said one should not use bitcoin as part of the retirement portfolio and the public must be well aware of the risk in bitcoin trading before getting in.

“It is not asset-backed, it is very unsecure. It is, basically, you want to participate in the future changes. It’s not a proper financial planning way. It is just an experimental thing that you want to go through in this era, but it is not a proper investment product,” he told SunBiz.

“I definitely don’t agree if they use this for their financial planning. But for those who are able to try new ventures, they can go ahead provided they have extra money. If this doesn’t affect their existing financial planning, then I’ll leave it to them. We need to tell them the pros and cons of this investment. It’s up to the clients to do the final decision,” he said.

Chu cautioned on the uncertainties of bitcoin trading, which is driven by market forces. “It is beyond anybody’s control, all the participants contribute to the bitcoin value. From that, I can say that there are a lot of uncertainties in the future,” he said.

Nonetheless, with the setting up of a few bitcoin exchanges, Chu noted that there will be demand and supply with tradeable markets available.

Bitcoin was the best-performing currency in 2015 and 2016, with a rise of 35.8% and 126.2% respectively.

Year to date, bitcoin prices have leaped more than three times. It stood at US$2,840 (RM12,140) as at 5pm last Friday.

Bitcoins are by the far the most popular cryptocurrency, which exists almost wholly in the digital realm and has no asset backing it. Bitcoin generation, known as mining, while open to anyone with a “mining application” on their computer, needs a great deal of computing power to solve complex algorithms which are later verified with the entire bitcoin network.

Colbert Low, founder of bitcoinmalaysia.com, said the recent spike in bitcoin prices could be partly due to the legalisation of bitcoin by the Japanese government.

He is unsure if the sharp rise in bitcoin prices will create a price bubble, but stressed that one cannot judge its price movement based on the “old economic theory”.

“This is a new economy based on a different model. It’s very hard to say,” Low opined, noting that there has been a growing number of retail outlets that accept bitcoin.

He foresees the usage of bitcoin propagating, especially in different types of payment methods.

However, Low opined that there will not be any “big movement” in the local market if the regulators do not regulate bitcoin.

“Our new Bank Negara governor is forward thinking and he is very much into fintech, technology and innovation. So there would definitely be improvement,” Low said.

The positive development of blockchain will be a catalyst for the growth of bitcoin, he added.

“Blockchain is a real thing that will change the way the IP system is architectured. We need to go down to a deeper level to see how blockchain can change the current problem and solve it.

“There are a lot of projects right now, over 500 companies are looking at this (blockchain) right now. Even IBM, HP and Microsoft are looking at it.”

Blockchain refers to distributed database that maintains a continuously growing list of records, called blocks, secure from tampering and revision. Bitcoin is just an application or software that runs on blockchain technology.

“If you look at blockchain technology, government agencies like the United Nations, the World Bank and the International Monetary Fund are looking at it. This is the best way to secure your data,” Low said, noting that the usage of bitcoin will help reduce operating cost.

Currently, there are about 16 million bitcoins in the market and the number is capped at 21 million.

Bank Negara has said that it does not regulate the cryptocurrency and advised the public to be cautious of the risks associated with the usage of such digital currency.

Source: By Lee Weng Khuen sunbiz@thesundaily.com

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Tuesday, August 8, 2017

Reporting an offence is not defamation

Whistleblowers cannot be sued for libel or slander, rules Federal Court



PUTRAJAYA: A person who complains about an alleged offence to enforcement agencies cannot be sued for defamation for lodging those reports, ruled the Federal Court.

The court held that such reports to agencies such as the Malaysian Anti-Corruption Commission (MACC), the Commercial Crime Investigation Department (CCID) and the Registrar of Societies (RoS) are protected with absolute privilege.

The unanimous decision was made during the appeal brought by former Selangor Chin Woo Athletic Association president Datuk Dr Low Bin Tick.

Justice Aziah Ali said the three authorities in the case shared a common feature in which they were statutorily empowered with investigative powers.

“The purpose (of lodging a complaint) is to notify these authorities of alleged unlawful conduct and to set an investigation in motion and, if appropriate, to take the necessary action against the alleged wrongdoer,” said Justice Aziah yesterday.

The Bench set aside the decision by the Court of Appeal and the High Court. The lower courts had ordered Dr Low to pay RM500,000 in damages to another former Chin Woo president, Datuk Chong Tho Chin.

Yesterday, the Bench also awarded RM150,000 in costs to Dr Low.

Chong, who was Chin Woo president from 1991 to 2001, had filed four defamation suits at the High Court in 2007.

Chong claimed Dr Low, who was president from 2001 to 2005, had made unfounded and defamatory complaints regarding him in the letters to the three authorities in 2005.

The Federal Court said Dr Low’s letters to the authorities had alleged probable misuse of power, breach of trust, fraud and negligence.

“The common vein in these letters is the request for the authorities to carry out investigations and to take action, if appropriate,” Justice Aziah said.

On republication of a police report, the court held the issue did not arise for their consideration since it was not raised in the appeal.

But she said a person who repeats another’s defamatory statement without privilege may be held liable for republishing the same libel or slander.

The five-man Bench was led by Chief Judge of Malaya Justice Ahmad Maarop. Apart from Justice Aziah, also in the panel were Chief Judge of Sabah and Sarawak Justice Richard Malanjum and Federal Court judges Justices Hasan Lah and Ramly Ali.

Source: The Star by Nurbaiti Hamdan

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Malaysian MACC Act's Sect.62 declared unconstitutional will be challenged by prosecution

https://youtu.be/WVAfMQAQgu8

Court of Appeal: Section 62 of MACC Act unconstitutional


PUTRAJAYA: The Court of Appeal has ruled that Section 62 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 is unconstitutional.

Justice Datuk Umi Kalthum Abdul Majid, who chaired a three-man bench, made the ruling after allowing the appeals by Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon to declare Section 62 as unconstitutional in their corruption cases.

The panel held that Section 62 was ultra vires when read against Article 5(1) and 8(1) of the Federal Constitution.

Section 62 requires accused persons to disclose their defence statements to the prosecution before the beginning of the trial.

However, Article 5(1) states that no person shall be deprived of his life and personal liberty save in accordance with law, while 8(1) states for equal protection under the law.

“We allow the appeals and set aside the order of the High Court,” said Umi Kalthum, who heard the appeals with Datuk Ahmadi Asnawi and Datuk Abdul Rahman Sebli on Monday.

The Court of Appeal granted DPP Datuk Masri Mohd Daud's oral application to stay the proceedings in the Penang High Court pending the prosecution's appeal over the decision.

On March 7 this year, the High Court dismissed Lim and Phang's application after ruling that Section 62 of the MACC Act was constitutional and valid as it did not impede the accused's right to a fair trial.

Lim pleaded not guilty to charges of corruption in relation to the conversion of land from agricultural to residential and the purchase of a plot of land and bungalow at below-market value on June 30 last year.

Lim was charged with using his position as Chief Minister to gain gratification for himself and his wife, Betty Chew Gek Cheng, by approving the application for conversion of agriculture land to a public housing zone in south-west Penang to a company, Magnificient Emblem Sdn Bhd.

He allegedly committed the offence while chairing the Penang State Planning Committee meeting at the operations room, Level 28, Komtar building here, on July 18, 2014.

The charge under Section 23 of the MACC Act 2009 provides for imprisonment of up to 20 years and a fine of up to five times the sum or value of the bribe, or RM10,000, whichever is higher, upon conviction. Lim faces a second charge of using his position to obtain for himself a plot of land and a bungalow located at No, 25, Jalan Pinhorn, George Town on July 28, 2015 from Phang for RM2.8mil, below market value.

The charge under Section 165 of the Penal Code provides for a jail term of up to two years, or a fine, or both, upon conviction.

Phang pleaded not guilty to abetting Lim in obtaining the bungalow at an undervalued cost.

She allegedly committed the offence at the same place and date.

The charge under Section 109 of the Penal Code read together with Section 165, provides for imprisonment of up to two years, or a fine, or both, upon conviction. - Bernama

MACC will appeal against ruling that Section 62 is unconstitutional


PETALING JAYA: The Malaysian Anti-Corruption Commission (MACC) will be appealing the Court of Appeal's ruling that Section 62 of the MACC Act is unconstitutional.

The MACC stated in a statement on Tuesday that its prosecutors would be filing an appeal to the Federal Court "as soon as possible".

"The MACC also wishes to clarify that this decision by the Court of Appeal does not affect the prosecution of Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon," it said.

On Monday, the Court of Appeal ruled that Section 62 of the MACC Act was ultra vires when read against Article 5(1) and 8(1) of the Federal Constitution, thus deeming it unconstitutional.

Section 62 of the Act requires accused persons to disclose their defence statements to the prosecution before the beginning of the trial.

However, Article 5(1) states that no person shall be deprived of his life and personal liberty save in accordance with law, while Article 8(1) states that all persons are entitled to equal protection under the law.

The ruling was made after allowing the appeals by Lim and Phang to declare Section 62 as unconstitutional in their corruption cases.

Lim currently faces charges for obtaining gratification for himself and his wife related to the conversion of land into residential development and another charge for using his position to purchase a bungalow below market value. Phang has been charged with abetment. - The Star

MACC: ‘Decision has no bearing’


PETALING JAYA: The Court of Appeal’s decision to declare a section of the Malaysian Anti-Corrup­tion Commission (MACC) Act as unconstitutional does not affect the prosecution of the Penang chief minister and a businesswoman, the graft busting body said.

The MACC said in a statement that its pro­secutors would be filing an appeal to the Federal Court “as soon as possible”.

“The MACC also wishes to clarify that this decision by the Court of Appeal does not affect the prosecution of Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon,” it said.

On Monday, the Court of Appeal ruled that Section 62 of the MACC Act was ultra vires when read against Article 5(1) and 8(1) of the Federal Constitution, thus deeming it unconstitutional. Section 62 requires accused persons to disclose their defence statements to the prosecution before the trial begins.

But Article 5(1) states that no person shall be deprived of his life and personal liberty save in accordance with law, while Article 8(1) states that all persons are entitled to equal protection under the law.

The ruling was made after allowing the appeals by Lim and Phang who sought to declare Section 62 as unconstitutional.

Lim currently faces charges for allegedly obtaining gratification for himself and his wife related to the conversion of land into residential development and another charge for allegedly using his position to purchase a bungalow below market value.

Phang has been charged with abetment.

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Saturday, August 5, 2017

Penang signs corruption pledge, faces calls for Chief Minister to step down

https://youtu.be/G3zoOtVh3ns



GEORGE TOWN: The Penang government finally inked a corruption-free pledge and almost immediately faced calls for the Chief Minister Lim Guan Eng’s resignation over corruption charges he faces.

The state government signed the corruption-free pledge with 10 additional integrity measures with the Malaysian Anti-Corruption Commission (MACC) in a ceremony at Komtar attended by Lim, executive councillors, state assemblymen and MPs, heads of departments and agencies along with public administration officers and MACC officers.

The additional measures signed by the state include the CAT (competent, accountable and transparent) policy, open competitive tenders, public declaration of assets, and full protection for genuine whistleblowers.

MACC chief commissioner Datuk Dzulkifli Ahmad welcomed the additional integrity measures.

“It will strengthen the pledge as a whole. But the state must put their pledge and integrity measures into practice,” he said, adding that the occasion was meaningful for him.

“I am a Penangite, born in Kepala Batas,” he said.

Barely an hour later, Lim came in for attacks from Penang Umno Youth chief Rafizal Abdul Rahim who wanted him to resign, and state opposition leader Datuk Jahara Hamid for not inviting the state’s 10 opposition members to the ceremony.



Rafizal and several members approached Dzulkifli to hand over a memorandum urging Lim to resign.

“By signing the pledge, Lim is indirectly showing others he is clean,” he said.

MIC central working committee member J. Dhinagaran, a Penangite, said Lim should set an example by resigning from his position as Chief Minister if he was sincere about combating graft.

Lim faces corruption charges over the purchase of his bungalow in Pinhorn Road for RM2.8mil, below the market value of RM4.27mil.

On Jahara’s complaint, Lim said Umno assemblymen were not invited for the ceremony because they had failed to show up on previous occasions.

“We invited her (Jahara) many times and even invited her to sit in a committee, but she didn’t want to,” he said.

Jahara later said they would hold a corruption-free pledge session.

Kelantan will sign the anti-corruption pledge next week. Dzulkifli said the MACC had yet to receive a date from the Selangor government to sign its pledge.

Source: The Star by Christopher Tan

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