Rabu, 12 Mac 2014

Gross miscarriage of justice by the police in Lojing, Kelantan where 3 Temiar Orang Asli were arrested and charged for rioting while in fact they were the victims of a violent assault

Media Statement by Dr. Ong Kian Ming, MP for Serdang, on the 12th of March, 2014 in Kuala Lumpur

On the 26 Feb 2014, a group of six Temiar Orang Asli from Kampung Tahu in Lojing, Kelantan were attacked by a group of about between 40 to 100 Myanmarese migrant workers as they were heading for a village meeting. Two were severely injured, requiring hospitalization and 7 (Itam bin Ajang) and 15 (Rahman bin Uda) stitches respectively. Another (Anes bin Akai) had his motorcycle intentionally damaged by a bulldozer after he abandoned it and fled.[1]

On the 27 Feb 2014, the victims made reports at the Gua Musang District police station, they were told to try and settle the matter with the employer of the migrant workers, by the police.  They were asked to accept RM500 compensation from the employer of those Myanmarese workers – Allgreen Agritech Sdn Bhd - and owner of the project that has encroached on their customary land.[2] The police also tried to get the Temiars to say that the injuries were caused after they fell from the motorcycle; and that they were drunk at the time.

On the 5 March 2014, these six Orang Asli (including the victims) came to KL to lodge a complaint with the Police Headquarters at Bukit Aman with the assistance of Bar Council lawyers.  They complained with the Ethics Division (Bahagian Tatatertib) of Bukit Aman against the allegedly unprofessional Gua Musang cops.[3]

On the 9 March 2014, three of the six were detained and remanded at Gua Musang Police Station for investigation under Section 148 of the Penal Code - possessing arms at riot.  They are Itam Anjang, Rahman Uda and Anis Akai - they were the victims of the Feb 26 attack and came to KL on Mar 5 for the Bkt Aman complaint. 

On the 11 March 2014, the Temiar Orang Asli trio were charged in Gua Musang Magistrate Court under S148 to which they claimed trial. Judge fixed bail at RM 2,000 with one surety each.  As of yesterday, they were unable to post bail because they did not have access to sufficient funds.

It is a travesty of justice of the highest nature when the victims of a violent assault are instead being charged for a criminal offense. One cannot help but think that the police in Gua Musang are ‘taking revenge’ against the three Orang Asli for making a report against them in Bukit Aman. This incident also raises questions about the ability of the police in Gua Musang to protect the Temiar Orang Asli villagers in Kampung Tahu, Lojing, Gua Musang and their links to All Green Agritech Sdn Bhd, the employer of the migrant workers who attacked the Orang Asli.

I call upon the Inspector General of Police, Tan Sri Khalid Abu Bakar, to conduct a full investigation into the complaints made against the behaviour of the police in Gua Musang, to drop all charges against Itam Anjang, Rahman Uda and Anis Akai if it is found that the police in Gua Musang acted unprofessionally and to take serious disciplinary action against these individuals who have marred the good name of the police force.

Guru Menghina Hindu, Kerajaan Jangan Senyap

Kenyataan Media YB V.Sivakumar Ahli Parlimen Batu Gajah pada 12 Mac 2014 di Dewan Rakyat

YB. V. Sivakumar
YB V.Sivakumar telah mencelah perbahasan  YB Dato' Ikmal Hisham Bin Abdul Aziz, Ahli Parlimen Tanah Merah yang berhujah tentang penyalah gunaan media sosial yang boleh mencetuskan kontroversi perkauman. Penyalah gunaan media sosial oleh orang-orang yang tidak bertanggungjawab boleh menjejaskan keharmonian dan perpaduan kaum di negara ini.

Seorang guru sekolah menengah berumur 35 tahun dari sebuah sekolah di Segambut telah mengeluarkan satu kenyataan berunsur hasutan yang amat sensitif menghina penganut-penganut agama Hindu sewaktu sambutan Hari Thaipusam tahun 2014. Mohd Hidayat yang menggunakan nama samaran Man Namblast telah menghina masyarakat Hindu dengan membuat kenyataan 'puluhan ribu Syaitan berarak menaiki tangga Batu Caves' di laman Facebook.

Kenyataan beliau adalah amat sensitif dan telah melukakan hati penganut-penganut agama Hindu di seluruh negara. Isu  hangat ini telah makan ruangan berita utama di beberapa media Tamil ketika itu.  Perkara itu juga telah mengungkitkan kemarahan pelbagai pihak termasuk orang-orang bukan beragama Hindu.  Lebih kurang 180 laporan polis telah dibuat di seluruh negara terhadap beliau.

Guru tersebut telah direman selama 4 hari untuk  disoal siasat oleh IPD Gombak. Kes ini disiasat mengikut Seksyen 4(1) Akta Hasutan 1948. Adakah kertas siasatan telah disiapkan oleh pihak polis dan Suruhanjaya Komunikasi dan Multimedia Malaysia? Apakah tindakan yang akan diambil terhadap guru yang tidak bertanggungjawab ini?

YB V.Sivakumar bertanyakan kepada YB Tanah Merah samada beliau bersetuju supaya tindakan tegas perlu diambil terhadap guru tersebut. Kerajaan harus bersikap keras  dalam mengambil tindakan terhadap man-mana pihak yang menghina mana-mana agama di negara ini.  Kerajaan tidak boleh pilih kasih dalam menangani isu-isu yang sensitif seperti ini.

The Energy Commission’s award of RM11 billion 2,000MW Coal-fired power plant (“Project 3B”) to 1MDB confirms earlier speculations and the complete lack of transparency and accountability

Media statement by Tony Pua, Member of Parliament for Petaling Jaya Utara and DAP National Publicity Secretary on Monday, 3 March 2014 in Kuala Lumpur
The Ministry of Energy, Green Technology and Water (KeTTHA) openly attacked me on 20th February that my comments regarding the tender for the 2,000 MW greenfield coal-fired plant or Project 3B was “baseless and mere speculation”.  I had earlier accused the Government of intending to make the award to 1MDB despite it not submitting the lowest bid for the tender to supply electricity to Tenaga Nasional (TNB).
However, exactly 8 days later on 28th February, KeTTHA confirmed my “baseless speculation” that 1MDB will be awarded the new Independent Power Producer (IPP) power plant concession.
In the statement by the Energy Commission (EC), it said that “the selection of the preferred bidder of Project 3B is based on the criteria of full compliance with all the bid requirements as stipulated in the request for proposal (RFP) document and the lowest levelised tariff offered”. The EC also announced that the power plant would involve a levelised tariff of 25.33 sen/kWh.
Where is the transparency and accountability promised based on the open tender system?
As highlighted in my previous statements, YTL Power has submitted a qualified and cheaper competing bid at a levelised tariff of 25.23 sen/kWh to supply electricity to TNB.  The Edge Malaysia has also reported that the levelised tariff by 1MDB was 25.65 sen/kWh.
Worse, the EC’s own technical evaluation committee had recommended YTL Power as the preferred bidder to the Board, based on documents sighted by The Edge, before the decision was overturned in favour of the more expensive 1MDB.
The question hence arises – were the goalposts shifted midway through the evaluation by the Ministry in order to justify and ensure that the 1MDB, which is facing financial difficulties, will win the concession?
Was 1MDB given unfair preferential treatment to allow the levelised tariff to be reduced from 25.65 to 25.33 sen/kWh?
More importantly, why was the lowest bid by YTL Power at 25.23 sen/kWh not deemed as the “lowest levelised tariff offered”?  As far as I can tell, despite the mysterious adjustments to the 1MDB tariffs, the 25.33 sen/kWh is still higher that YTL’s 25.23 sen/kWh.
In the interest of transparency, accountability and the credibility of this government, the EC must disclose the bids submitted by the vaious tenderers, and explain to Malaysians why the lowest bid was not chosen, especially since the Government overturned the recommendations of the technical evaluation committee.  This is highly important because at the end of the day, it is the rakyat who will be paying the higher tariffs for electricity as a result of the Government’s bias towards 1MDB, at the expense of the lowest qualified bid.
The Government cannot blame the rakyat for thinking that this is a clear-cut desperate attempt to prop up 1MDB, which is labouring under a mountain of debt estimated in excess of RM30 billion.
The debt has been accumulated in part because 1MDB has since 2012 pursued a reckless acquisition strategy to takeover independent power producers with expiring contracts at very high premiums.  1MDB acquired Tanjong Energy Sdn Bhd for RM8.5 billion, Genting Sanyen for RM2.35 billion and Jimah power plant for RM1.2 billion, costing a total of RM12.05 billion.
However, as reported by the last week’s issue of The Edge Malaysia, the cashflow generated by these acquisitions barely covers the annual interest expense to finance the loans it took.  It does not take a financial genius to wonder how 1MDB will be able to repay the principal of these multi-billion ringgit loans.
Unfortunately there are no right-thinking Ministers who are willing to speak up and object the pricier bid, and pick the concessionaire who will charge less.
Tony Pua

The ball is now in Federal Government’s court to prove its commitment and sincerity to end the Selangor water restructuring impasse

Media statement by Tony Pua, Member of Parliament for Petaling Jaya Utara and DAP National Publicity Secretary on Tuesday, 4 March 2014 in Kuala Lumpur
The Selangor state government has shown it's goodwill and willingness to cooperate with the Federal Government to resolve the critical water crisis by signing the Memorandum of Understanding (MOU) last week witnessed by the Prime Minister Dato’ Seri Najib Razak himself.
It has been reported that Selangor has even agreed to immediately approve the development order for the construction of the Langat 2 water treatment plant project while all other required approvals such as land rights, access permissions and other permits shall be granted within 30 days of signing the MOU.  The due date will hence fall on 25 March 2014.
However the granting of all the other necessary approvals for Langat 2 will depend entirely on the Federal Government delivering its part of the bargain.
Most importantly, the existing water concessionaires, name, Puncak Niaga Sdn Bhd, Syarikat Bekalan Air Selangor (SYABAS), Syarikat Pengeluar Air Selangor Holdings Bhd and Kumpulan ABASS must agree to sell their concessions back to Selangor based on the previous offer price of RM9.65 billion.
Based on the MOU agreement, the Selangor Government will make a renewed offer for the same amount – RM9.65 billion to these concessionaires, and they must respond by 10 March 2014, or in less than a week’s time.  The Menteri Besar office has also confirmed that these letters have already been issued last week to the respective companies.
If the Federal Government fail to cajole these concessionaires into accepting the above offer, then it must exercise all its powers under the Water Services Industry Act (WSIA), particularly using Clause 114 to compulsorily acquire these water companies based on the compensation model detailed in the concession agreements.
Hence the deal is clear, the Selangor state government has demonstrated its goodwill by conceding the first step, even as many Pakatan Rakyat leaders object to the above due to a complete distrust of the Barisan Nasional Federal Government’s ability to keep its promises. However, the Menteri Besar Tan Sri Khalid Ibrahim was willing to do so in order to end the impasse which has become a lose-lose situation for the rakyat.  The ball is now on the Federal Government’s court to deliver their part of the bargain by 10 March.
If however, the Federal Government fails to fulfil their part of the bargain in a timely manner, they can be assured that the Selangor state government via its Executive Council and the Selangor state assembly, will exercise all its powers enshrined under the laws of Selangor and the Federal Constitution to deny any further licenses to be issued or awarded to the relevant Federal Government entities for the purposes of the Langat 2 project.  Without these additional approvals, the Langat 2 project cannot proceed.
The Pakatan Rakyat administration and government will not be cheated by the Federal Government.  We will not betray their trust of our Selangor voters and will fight tooth and nail with the BN Government to ensure that the interest of the Selangor residents are fully protected.

Tony Pua

Tender documents for Waste to Energy (Wte) plant in Taman Beringin, Kepong highlight major concerns about the identified site for this plant

Media Statement by Dr. Ong Kian Ming, MP for Serdang, on the 4th of March, 2014

This morning, I visited the proposed site for a Waste to Energy (WtE) plant in Taman Beringin, Kepong, as part of a visit that was organized by Unit Kerjasama Awam Swasta (UKAS) for those interested in putting a bid for this project. The proposed site is located next to the Taman Beringin Transfer Station.

One of the documents which were released to the potential bidders was a site study conducted by Uni-Technologies, a company owned by Universiti Teknologi Malaysia (UTM). The report entitled “Mengkaji Kesesuaian Tapak Bagi Pembinaan Loji Rawatan Termal di Kawasan Tapak Pelupusan Sisa Pepejal Taman Beringin, Jinjang Utara, Kuala Lumpur” (Site Suitability Study for the building of a thermal treatment plant at the Solid Waste Disposal Site in Taman Beringin, Jinjang Utara, Kuala Lumpur) (Attached below). This study (attached below), which was completed in February, 2013, assumed that a thermal treatment plant – in other words, an incinerator – would be built at the proposed site. This is further proof that the entire tender exercise is biased towards the building of an incinerator despite the claim from the National Solid Waste Management Agency that the tender is technology neutral.

More worrying, the same report also showed that the proposed site B for the WtE plant does not fulfil the 500m buffer zone which is a requirement under the guidelines established by the Department of Environment (DOE).  For Options B1 and B2, the proposed plant is 91.78m and 56.93m respectively from the Jinjang Utara residential area (See Appendix 1A and 1B below). At the same time, Options B1 and B2 are also only 76.72m and 112.4m from an existing Shell and Petronas Petrol stations.
The lack of this buffer zone would not only put at risk the residents in nearby Jinjang Utara but could potentially be hazardous to those who frequent the two nearby petrol stations. 
It was only in November 2013 that a fire broke out at the Tuas incinerator plant in Singapore. [1] If the same happened in the WtE plant at the proposed site, which is next to a major highway (MRR2) and in a high population density area, the lives of many people would be put at risk.

In addition, according to the KL Draft City Plan 2020, the propose WtE site also overlaps with future planned residential areas in the vicinity (See Appendix 2 below).
The fact that the National Solid Waste Management Agency chose only to present this study to the potential bidders and not to the public at large clearly shows that they are worried about the possible negative implications from the publication of this study. This once again shows the lack of consistency and transparency on the part of the National Solid Waste Management Agency and the Ministry of Urban-Well Being, Housing and Local Government in managing the building of the proposed WtE plant.


文告指出,党中央曾规定任何支部或区联委会若欲主办晚宴或向筹款必须先获州委会批准,同时必须向州委会提呈賬目供审查及缴付年捐以确保透明度,    这是党多年的规定,希望各方遵守及免触犯党纪。


Ahad, 9 Mac 2014

1MDB is a castle built on very thin ice propped up entirely with the “generosity” and protection of the Federal Government

Media statement by Tony Pua, Member of Parliament for Petaling Jaya Utara and DAP National Publicity Secretary on Wednesday, 26 February 2014 in Kuala Lumpur
 In 1Malaysia Development Bhd (1MDB)’s rebuttal to my statements last week published in The Malaysian Insider on the 21 February, the company and its sources were crowing about the fantastic achievements of the company.
The report quoted the source that “with RM1 million in equity and cash, 1MDB has built up its capital structure with, now, in excess of RM1 billion in equity from its profits generated over the years in a very challenging environment.”
The source even ridiculed other government investment vehicles saying that 1MDB’s achievement "is measured against Khazanah and other institutions that started with billion and billions of cash".
The attempt to polish the image and performance of 1MDB cannot be more laughable, even if the numbers cited are true.
Firstly, the global investment markets have been on a “bull run” over the past five years generating record levels of percentage gains for all creeds of investors.  Hence I have no clue how 1MDB found itself to be stuck “in a very challenging environment” in the past few years of its existence.
Secondly, it is absolutely disingenuous for 1MDB to claim that it was given only RM1 million in equity and cash for it build its castle over the past 4-5 years.  While the Federal Government may have given the company only RM1 million in seed money, it has provided Government guarantees for 1MDB to raise its first RM5 billion sukuk (Islamic loan)!  Why would any financial institution lend the company so much money with only RM1 million in the bank, if not for the fact that the company is 100% government-owned, and better still, the loan is 100% guaranteed?
Thirdly, the Federal Government has pumped into 1MDB well in excess of RM1 million.  When 1MDB purchased the Sg Besi military air field from the Federal Government for a cut-price RM1.6 billion, the Federal Government in turn paid 1MDB RM2.7 billion to shift the air force current sited there.  Hence 1MDB had a net cash receipt of RM1.1 billion.  This RM1.1 billion has since mysteriously “vanished” because the company has gone to the banks to borrow an additional RM2.4 billion to fund the RM2.1 billion contract (awarded to the Armed Forces Fund (LTAT)) to shift the air force.
Fourthly the so-called “excess of RM1 billion in equity from its profits generated” is pure bunkum because it is derived entirely from sweetheart land deals given by the Federal Government to 1MDB.  From just a single land transaction where 1MDB was sold the land for Tun Razak Exchange at RM194.1 million in 2011, the land was immediately revalued to RM1.02 billion to recognise a revaluation gain of RM826.6 million or a 426% “profit”.  Despite the massive gain, 1MDB recorded only a net profit of RM544.3 million for its financial year ending March 2011.  It means that without the revaluation, 1MDB would have made RM282.3 million in losses.
And if 1MDB could get away with it for 2011, it did the very same in 2012.  The company managed to revalue the same land again in 2012 to RM1.59 billion, to record another RM569.9 million revaluation “profit”.  However, despite the massive revaluation, 1MDB recorded only a meagre profit of RM44.7 million in the financial year ending March 2012.  This means that again, without revaluation gains, 1MDB would have made RM525.2 million of losses that year. The land has since been pledged to AmInvestment Bank Bhd as part of the collateral to raise RM2.4 billion in new debt.
Hence the entire “excess of RM1 billion in equity from its profit generated” is a complete sham, resulting from the Federal Government selling super-prime land to 1MDB at dirt cheap prices.  Had the Federal Government decided to auction the land openly, they would have generated at least RM1.59 billion in cash based on the valuation, without suffering the hundreds of millions of losses suffered at 1MDB.
It is therefore not an exaggeration to describe 1MDB as a castle built on thin ice barely held together by a very generous and protective Federal Government.  The ice is cracking under the sheer weight of 1MDB’s estimated RM30 billion debt burden.  The Federal Government is on the other hand desperately attempting to glue the ice together with sweetheart land deals. The latest is for the Government to award a new 2000MW independent power producer contract to company, despite 1MDB charging a higher tariff rate than the lowest-priced competitor.
Tony Pua

Sedition Act: Persecution by Prosecution

Press Statement by YB Howard Lee Chuan How on 25th February 2014 from Tunis, Tunisia

International Community of Social Democrats Shows Solidarity with Karpal

The International Conference of The Progressive Alliance (PA), hosted by the Tunisian Social Democratic party Ettakatol, was held yesterday at The Ramada Plaza Hotel, Tunis, Tunisia. With the theme ‘Decent Work Worldwide’, It enjoyed overwhelming participation from social democratic political parties worldwide.

 Executive Secretary of DAP International Affairs Bureau, Howard Lee Chuan How was invited to represent DAP & Malaysia in delivering a workshop on ‘Progressive Campaign Tools’ following the DAP’s results in the recently held 13th Malaysian General Elections. This is one of three workshops conducted during this conference, aimed at providing delegates an opportunity to learn from the successes of recent campaigns, as well as to share best practices

One of the goals of the conference was to also formalise the structure of PA, in which a Board has been agreed to be its core working body. As an active player in the Asian regional scene of social democratic activism, DAP was invited to join as a member of the said Board. Howard Lee represented the DAP in the convening of the first Board of Progressive Alliance (B-PA) meeting held during conference.

Howard Lee made a passionate plea to the newly convened B-PA to stand in Solidarity with the recently convicted National Chairman of DAP Malaysia under the draconian Sedition Act.  Karpal Singh, who is also the member of Parliament for Bukit Gelugor was found guilty of insulting the Perak Sultan during the Perak constitutional crisis in 2009. The B-PA acknowledged the plea and extends ‘deep sympathy, concern and solidarity’ with Comrade Karpal Singh, and will be deliberating in on the matter more detail in days to come.

Howard Lee, who is also the State Assemblyman for Pasir Pinji, in his capacity as a Board member urged for the B-PA and the international community at large to condemn the Malaysian Attorney General Chamber’s selective prosecution of the ruling regime’s political rivals, especially by using archaic and outdated laws like the sedition act

“This is a clear case of ‘persecution by prosecution’ on the part of the AG’s Chamber. The Prime Minister himself  announced on 11th July 2012 that  the sedition Act will be repealed to make way for a new National Harmony Act. I urge the international community to join right minded Malaysians in exerting pressure on the Prime Minister to fulfil his promise. The Sedition act and its continued implementation will only earn our beloved nation a reputation of being an autocratic, draconian country stuck in the dark ages,” says Howard Lee who is also the Director of Policy for DAP Perak.

It is also understood that the B-PA will be monitoring Karpal Singh’s court case closely, pending the court’s sentencing on the 11th of March. Representative of several member parties of the PA has proposed ‘actions of solidarity’ be taken though no concrete plans have been made yet.

Howard Lee  Chuan How
Executive Secretary to DAP Malaysia’s Bureau of International Affairs
Director of Policy, DAP Perak
Secretary DAP Socialist Youth Perak
State Assemblyperson for Pasir Pinji Perak