Flip-Flopping For Arse-bender

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The onetime the catalyst for the Anwar-hate movement Khairuddin Hassan made a shocking about turn and joined the fray to free the convict of sodomy.

The Star story:

Published: Saturday November 28, 2015 MYT 6:34:00 PM
Updated: Saturday November 28, 2015 MYT 6:40:25 PM

Khairuddin joins “Free Anwar” campaign

BY DANIAL ALBAKRI

PETALING JAYA: Datuk Seri Khairuddin Abu Hassan (pic) has announced his support for the release of Datuk Seri Anwar Ibrahim despite his previous criticisms of the PKR de-facto leader.

In a statement, the former Batu Kawan Umno vice-chief said that Anwar had already been punished in the past.

Khairuddin added that Anwar should be released to “brighten Malaysia’s political landscape and scenario”.

“Let Malaysia’s political landscape be more colourful! What should we be worried about if the country has been governed in an accountable manner?” said Khairuddin.

He said that Anwar was needed “to play the role of an effective opposition leader” who ensures the checks and balances of the country’s administration “so that it is on the right track.”

Khairuddin said that leaders should have the courage to give sincere and honest criticisms for the betterment of the party to ensure the “survival” of UMNO and BN in the 14th general elections.

“We need an effective and rational opposition to jointly play a role in nation building without any political agenda, “ said Khairuddin.

He added that the time has come for Malaysians to unite and focus on rebuilding Malaysia.

“Therefore, I will equally play a role and fully support the campaign to free Anwar,” he said.

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18 years ago, Khairuddin was the publisher of the infamous book “50 Dalil Kenapa Anwar Ibrahim Tidak Boleh Jadi Perdana Menteri”.

That typically slanderous political book mysteriously was distributed into UMNO delegates’ bag during the 1997 UMNO General Assembly. That started the investigation, which unveiled Anwar Ibrahim’s dark secrets of his sexual habits being casted to even bigger audience.

It is clear that Khairuddin is willing to be the court jester again, but this time to topple Prime Minister Dato’ Sri Mohd. Najib Tun Razak.

Khairuddin barred from leaving the country, investigated and was arrested under SOSMA (2012) in mid September 2015 for this acts to make reports to law enforcement authorities against Prime Minister Najib. Later, he was charged under Section 124L of the Penal Code for sabotaging the Malaysian financial and banking system.

What was more interesting is the trumped up psychological game to paint the bleak perception against Prime Minister Najib that he would be arrested, if he had travelled abroad especially to countries like Hong Kong, United Kingdom and United States. It has been proven to be a lie.

This would have been the game mastered by Anwar Ibrahim and Co.

Now, the former UMNO Batu Kawan Vice Chief is bastardising the struggle her started, for the sake of waging a political war against Prime Minister Najib.

Published in: on November 28, 2015 at 20:15  Comments (1)  

“Kita sokong penuh!”

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Published in: on November 28, 2015 at 06:00  Comments (1)  

The affordable abode agenda

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The SPV to implement Prime Minister Dato’ Sri Mohd. Najib Tun Razak’s targeted policy of affordable housing to the middle income and urban dwellers, Perumahan Rakyat 1 Malaysia Bhd. (PR1MA), would be organising an exposition this weekend.

It is part of their gearing up, to get more of the target group to expect on the offerings that would be made for the middle income and urban dwellers, in major metropolitan areas.

As part of the Government Transformation Plan (GTP) to serve the dwellings for middle income earners (categorised between RM2,500-RM10,000 per month) in strategic urban areas, to be able to afford housing (RM100,000-400,000 per units band).

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The middle income lot, are the most adversely affected in propulsion of rapid growth of the economy particularly in the urban areas. Properties are getting way out of their affordability and this gap is widening.

Hence, Prime Minister Najib intended to address the problem by the creation of PR1MA through the PR1MA Act (2012), for the SPV to acquire lands formerly belonging to Federal Government and State Government agencies, to be developed for a small margin.

This is to ensure these units are more affordable, compared to similar products if it were to be developed by private developers, which are motivated on profits.

PR1MA expects to deliver 10,000 units by next year. There are 65,000 units under work in progress and so far, the PR1MA has already approved 227,000 units for development is the various working relationship established.

That is not to bad after all. When it was first started, they aimed for 80,000 units per annum to be sorted out and developed.

As announced in Prime Minister’s Bajet 2016 speech, the program is being intensified:

Utusan Malaysia story:

PR1MA perlu kerjasama pemaju swasta bina 175,000 unit rumah

29 Oktober 2015 12:52 AM

PETALING JAYA 28 Okt. – Perbadanan PR1MA Malaysia (PR1MA) memerlukan lebih banyak kerjasama daripada pemaju swasta bagi membina 175,000 unit rumah mampu milik pada tahun hadapan seperti yang diumumkan Perdana Menteri, Datuk Seri Najib Tun Razak dalam Bajet 2016.
Ketua Pegawai Eksekutifnya, Datuk Abdul Mutalib Alias berkata, pada masa ini PR1MA memerlukan kawasan seluas 1,740 hektar bagi menyempurnakan projek berkenaan dan diharapkan menerusi kerjasama tersebut masalah ini dapat diatasi.
“Isu tanah adalah isu utama dalam pembinaan rumah. Tanah yang diberikan kerajaan Persekutuan agak terhad dan hendak mendapatkan tanah daripada kerajaan negeri juga sukar dari segi prosesnya.
“Sebab itu, kita alu-alukan kerjasama daripada pihak pemaju swasta kerana mereka ini sudah ada tanah. Bagaimanapun mereka perlulah memenuhi spesifikasi yang ditetapkan PR1MA iaitu unit rumah yang hendak ditawarkan mestilah antara 20 dan 30 peratus lebih rendah daripada harga pasaran,” katanya dalam taklimat mengenai Ekspo Rumah PR1MA 2015, di sini hari ini.
Menurut Abdul Mutalib, kerjasama dengan pemaju swasta itu juga dilihat dapat mengatasi permintaan tinggi orang ramai terhadap rumah PR1MA.
Beliau berkata, ketika ini terdapat kira-kira 1.05 juta pemohon berdaftar untuk mendapatkan 198,489 unit rumah PR1MA yang sedang dan akan dibina di seluruh negara.
“Daripada jumlah itu, 6,172 unit terletak di Kuala Lumpur dengan 4,636 unit sedang dalam proses pembinaan.
“Sebanyak 19,591 unit pula terletak di sekitar Selangor dengan 5,081 dalam pembinaan diikuti 560 unit di Putrajaya,” ujarnya.
Dalam pada itu, beliau berkata, PR1MA akan mengadakan Ekspo Rumah PR1MA 2015 di Pusat Perdagangan Antarabangsa Melaka (MITC), Melaka selama tiga hari bermula 30 Oktober ini.
“Ekspo ini merupakan sebahagian daripada siri jelajah untuk memberikan maklumat interaktif me­ngenai produk dan perkhidmatan kami kepada orang ramai,” katanya.
– See more at: http://www.utusan.com.my/berita/nasional/pr1ma-perlu-kerjasama-pemaju-swasta-bina-175-000-unit-rumah-1.151779#sthash.PDW4aL60.dpuf

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When PR1MA first started, the deliverable set was 80,000 units per annum. The BoD of PR1MA, which comprises a mixture of top civil servants and some corporate leaders, upheld the deliverable.

Currently, there are 190 projects running simultaneously to deliver all the targeted 240,00 homes within the next three years and the same for the next corresponding period.

Published in: on November 24, 2015 at 12:01  Comments (2)  

Sacred Soil Showdown

Kuala Lumpur City Hall (DBKL) has been urged to issue a fresh letter on the development approval of 548 units mixed dwellings on a 1.8 acre plot in Kampung Datuk Keramat for “Less than six hundred thousand Ringgit luxury condominiums”, which was originally approved for “Affordable housing”.

Member of Parliament for Titiwangsa Dato’ Johari Abdul Ghani made the call, after the controversy development order by DBKL of 274 units of apartment less than RM200,000, 252 units of apartments less than RM750,000 and 22 unit of apartments less than RM2,000,000 was made public.

The original development order by DBKL, which was made public by MP for Titingwanga Johari A Ghani in his Facebook.

The original development order (DO) by DBKL dated 21 August 2015, which was made public by MP for Titingwanga Johari A Ghani in his Facebook account

Johari who is also the Deputy Minister of Finance but acting for and on behalf of his constituents, claimed the Kuala Lumpur Mayor did not admit to the issuance of the said development order (DO) approval (which is dated 21 August 2015). He also added the DO contravened the original land title issued by the Kuala Lumpur Director Land and Mines (PTG).

In the original letter dated 23 July 2014, the premium is set for RM1.3 million. That is more befitting for the development of 574 units of “Affordable housing”.

Soory note from DBKL to UDA Holdings

Soory note from DBKL to UDA Holdings

He also called on the Minister of Federal Territory Tengku Dato’ Seri Adnan Mansor, to intervene on the matter. In a letter dated 4 November 2015 to Federal Government 100% owned GLC UDA Holdings, DBKL already hived off the said property to a property developer.

What is interesting is that it is believed that the said land was transferred from PTG to DBKL on 5 November 2014, to fulfil part of the Federal Government promise for 500,000 ‘Affordable housing’ within urban areas.

The land was previously occupied by squatters then known as ‘Kampung Kinabalu’, who were relocated. It borders Gurney Heights, Lanai Gurney and Masjid Khalid Al Walid in Jalan Sultan Yahya Petra (Semarak originally Gurney).

‘Affordable housing’ in the urban areas is a task assigned to Perumahan 1Malaysia Bhd. (PR1MA), where else Syarikat Perumahan Negara Bhd. (SPNB) is a task to provide affordable housing in the rural areas.

UDA Holdings is to develop commercial projects.

It is interesting that DBKL is committed for “Affordable housing”. The previous Mayor, confirmed this less than five months ago which probably could include the said land.

KL approves 27,000 affordable homes since March

Published: 14 June 2015 10:03 PM
Kuala Lumpur mayor Tan Sri Ahmad Phesal Talib says developers are given incentives to build affordable homes. – The Malaysian Insider file pic, June 14, 2015.
The Kuala Lumpur City Hall (DBKL) has approved the construction of 27,000 housing units under the affordable housing project, “Rumah Mampu Milik Wilayah Persekutuan” (Rumawip) since March this year.

Kuala Lumpur mayor Tan Sri Ahmad Phesal Talib said the construction of affordable housing units involved an initiative from the private sector through land provided by the federal government.

Besides that, he said, the government also offered a further incentive to developers who agreed to build affordable housing by increasing the population density.
“As it is now, we have begun offering any developer up to 1,000 people per acre… Previously, it was 240 people per acre.
“This means, if they (developers) want to make affordable homes, we (DBKL) will allow the population density on the land to be increased to 1,000 people per acre,” he said after opening the MyCommunity carnival in Desa Rejang, Setiawangsa, in Kuala Lumpur, today.

Phesal pointed out that a lack of affordable housing projects in the capital was because of the high cost of land ownership, in addition to land scarcity.

“Therefore, we are encouraging developers to build medium and low-cost houses, while providing comprehensive facilities in each residence,” he said.

Phesal also said that DBKL would spend some RM50 million to build public housing estates equipped with parking facilities at Taman Muhibah.

The carnival, co-organised by DBKL, is an initiative to implement community development programmes among various agencies, in line with the national transformation programme. – Bernama, June 14, 2015.

– See more at: http://www.themalaysianinsider.com/citynews/greater-kl/article/kl-approves-27000-affordable-homes-since-march/kl-approves-27000-affordable-homes-since-march#sthash.lQlGeh5A.dpuf

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What is more interesting, it is believed that the property development company which DBKL “Hived off” the said land was formed and registered by Company Commission (SSM) on 21 November 2014. It was a convenient of two weeks after PTG transferred the said land to DBKL.

It is not clear when it was sold off to this company (Meaning when was the sales and purchase agreement signed). However, it was reported that DBKL sold it off for RM16.2 million.

The Malay Mail online story:

KL mayor warns ‘outsiders’ against instigation in Datuk Keramat affordable housing project

BY AZDEE AMIR

Wednesday November 18, 2015
07:01 AM GMT+8

 

KUALA LUMPUR, Nov 18 — Providing affordable housing remains City Hall’s top priority, as evident in the proposed development in Datuk Keramat.

Mayor Datuk Mhd Amin Nordin Abd Aziz said outsiders should not instigate local residents against the project, which was part of City Hall’s plan to build 50,000 of such homes in the city.

Amin said City Hall had initially planned for 30,000 affordable houses in the city, but the number was increased to accommodate demand. They will be built in nine areas including Kepong, Pandan Mas, Batu Muda, Bandar Tun Razak and Datuk Keramat.

“We applied for land from the Federal Territory Lands and Mines office to build affordable houses, and one of the sites we applied for was the 1.8 acre site at Jalan Padang Tembak,” he said.

“We paid a premium of RM1.3 million in 2011. The figure was set by the Lands and Mines office. We sold it to the developer last year for RM16.2 million, based on an evaluation by the Valuation and Property Services Department.”

He said Perbadanan PR1MA Malaysia, UDA Development Holdings and several government-linked companies had applied to develop houses on the land.

“We received offers to develop the land in Datuk Keramat in the middle of last year. It was sold to the developer at market price later the same year.

UDA Holdings only sent their application to us in October, so it was only right for us to evaluate the offers that came in before that,” he said.

Amin said 50 per cent of the houses would be sold for below RM200,000 solely to bumiputras. The other 50 per cent would cost RM600,000 and below, with 70 per cent allocated for bumiputras, 20 per cent for Chinese and 10 per cent for Indians.

Residents in the area had protested against the development at the site last month and had recently held a dialogue session with Titiwangsa MP Datuk Johari Abdul Ghani.

Some of the residents said they had seen documents that showed some of the houses would be sold for no more than RM2 million.

“That was during the development order process between City Hall and the developer. But City Hall will not allow such prices. We control the pricing of the houses.”

“There will be no homes costing RM1 million or more in any of the nine housing projects we are developing or involved with,” Amin assured.

Datuk Keramat residents claimed they were not informed or consulted by City Hall over the Datuk Keramat project.

Amin said City Hall had followed the required processes and had engaged with those living in the surrounding areas over the development.

“We did ask the residents of the immediate area surrounding the land but those objecting are living beyond the earmarked area.

“By right, only those living close by can protest against the development,” he said.

– See more at: http://www.themalaymailonline.com/malaysia/article/kl-mayor-warns-outsiders-against-instigation-in-datuk-keramat-affordable-ho#sthash.oKbFIaY8.dpuf

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It is baffling on the statement of “We control the pricing of the houses”, yet the original 21 August 2015 DO provided room for double of the “No homes costing RM1 million or more”. Considering the same DO, the gross development value (GDV) for the property development company RM288 million. The value that DBKL hived the said land off is 5.6% of GDV.

That is way below market level, for properties in the neighbourhood of three-quarter-million Ringgit.

Taking the average net realisable for a property development company between 20-22%, the said company is expected to make in the neighbourhood of RM41-47million after the acquisition cost paid to DBKL.

That is effectively 300% of what DBKL made from the said property. Had DBK joint ventured the said property with a GLC at 1:2 profit hearing ratio, DBKL would have made an extra RM10million with the 21 August 2015 DO.

A reliable source mentioned that the said property development company so far only paid 10% of the premium, set by PTG.

Johari demanded that if the development is to follow through, then DBKL should impose the original “Affordable housing” obtained from PTG and units are capped to RM200,000 for all 548 units of apartments.

The GDV would have been RM110 million, which would have served the expected original intent when the land was obtained from Kuala Lumpur PTG. At the GDC of RM160,000 per unit, there is still room for RM21 million net profit.

The controversies arisen from this project is expected to be enormous and far reaching. It would start with is DBKL exploiting its local authority status to obtain land from Federal Government, only to hive it off for a little gain and provide opportunity for commercial entities.

Needless to mention, a ‘purposely formed’ commercial entity.

These are answers which the four month-old Kuala Lumpur new Mayor and DBKL Director General (who was Kuala Lumpur PTG) have got to address quickly and the comment from the Minister of Federal Territory is sought.

His silence so far on the matter, is suspiciously telling.

Published in: on November 19, 2015 at 02:59  Comments (6)  

Bad act of failed bastardisation

Nazir Razak's comment on social media about 1MDB alleged fees to Goldman Sachs

Nazir Razak’s comment on social media about 1MDB alleged fees to Goldman Sachs

CIMB Chairman Dato’ Seri Nazir Razak has been caught with his pants down again on another failed act of bastardisation, in his sordid rhetoric attempt to portray an adversarial position against the reality. This time, on the alleged fees paid by 1MDB for commecial papers issued and raising of funds.

The Star story:

Published: Sunday November 15, 2015 MYT 8:22:00 PM
Updated: Sunday November 15, 2015 MYT 8:54:25 PM

Nazir Razak removes Instagram post on inaccurate headline

 

BY VICTORIA BROWN

PETALING JAYA: Datuk Seri Nazir Razak (pic) has removed an Instagram post based on an inaccurate headline published by The Malaysian Insider regarding 1Malaysia Development Berhad (1MDB) after the news portal amended its previous heading.

“Note that I have removed previous post because TMI (The Malaysian Insider) corrected its article about what 1MDB CEO said,” according to Nazir in an Instagram post Sunday.

The Malaysian Insider had initially placed their headline as “RM5 billion Goldman Sachs fees over five years, says 1MDB boss” before changing their headline to “RM5 billion costs for debts over 5 years, says 1MDB boss”.

“So, it was not the anticipated disclosure of total fees paid to GS (Goldman Sachs) – guess we still have to wait for PAC/AG report,” said Nazir.

“This is important for a full understanding of what transpired and how we go forwards,” he added.

1MDB president Arul Kanda Kandasamy provided a detailed briefing on 1MDB at the Forum Perdana in the Putra World Trade Centre on Saturday.

In a statement, 1MDB said that the briefing was open to all Malaysians and was covered by various media organisations including alternative media.

However, 1MDB noted the inaccurate headline by The Malaysian Insider that has been “widely and wrongly circulated in an Instagram posting that appears to have originated from one Dato’ Sri Nazir Razak”.

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1MDB Group Executive Director and President Arul Kanda’s media conference on Malaysia Insider’s story based on Nazir’s social media comment:

 

Media statement by 1Malaysia Development Berhad

Issued on 14 November 2015
For immediate publication

Clarification: Forum Perdana on 14 November 2015

At the Forum Perdana in PWTC earlier today, Arul Kanda, the President & Group Executive Officer of 1MDB, provided a detailed briefing on 1MDB and replied without reservation to various pointed and pertinent questions raised by the audience. This briefing was open to all Malaysians and covered by various media organisations, including alternative media.

1MDB regrets to note that one wrong headline relating to financial costs by The Malaysian Insider (which was subsequently corrected),  appears to have been widely and wrongly circulated, including in an Instagram posting that appears to have originated from one Dato’ Sri Nazir Razak.

Further, 1MDB notes that a number of online news portals and certain bloggers have in the course of today raised queries relating to the Brazen Sky fund unit redemptions, which was another topic covered at the briefing.

1MDB repeats below, clarifications that have previously been issued on both matters, to reiterate the facts of the matter.

1.      Financial Costs

1MDB had previously published a table (which was shared again at the Forum Perdana today), showing the use of its RM42 billion of debt. In this table, there is a line item “Financial Costs” with a total of RM5.8 billion, between the years 2009-2014. The vast majority of this cost relates to interest payments, for example, RM2.4 billion in 2013-2014 and RM1.6 billion in 2012-2013. The remainder of the costs comprise interest between 2009 and2012, working capital costs, amortised fees, foreign exchange costs and tax paid by the company’s energy subsidiaries.

2.      Fund Unit Redemptions

As of 31 March 2014, the fund units in a Cayman registered fund, owned by 1MDB subsidiary Brazen Sky, were valued at US$2.33 billion.  On 5 November 2014, at the time 1MDB’s financial statements for the year ended 31 March 2014 were published, an amount of approximately US$1.22 billion had been redeemed, in cash, with proceeds being substantially utilised for debt interest payment, working capital and payments to Aabar as refundable deposits for options termination.

On 14 and 24 November 2014, approximately US$170 million of the fund units were redeemed, in cash. Accordingly, approx. US$1.4 billion of fund units were redeemed, in cash, leaving a balance of approximately US$940 million in fund units.

On 2 January 2015, a final redemption of approximately US$940 million was undertaken through a sale of fund units to Aabar, with cash payment being deferred. This 2 January fund unit sale agreement was subsequently superceded (i.e. replaced) by the Binding Term Sheet that was signed on 27 May 2015 between 1MDB and IPIC, the “AA” rated parent of Aabar, upon which a payment of US$1 billion was made by IPIC to 1MDB.

1MDB has previously stated, and reiterates, that the remaining US$940 million of fund units will form part of the US$ cash deposits and US$ fund unit assets to be transferred by 1MDB to IPIC, for the “debt for asset swap”, in which IPIC will then take over 1MDB debt of approximately  RM 16 billion.

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The said screen shots on the pro-Anwarista news portal, which were amended in fear of repercussion of lying or false reporting again.

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The earlier screen captures of the story in various versions:

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The pro-Anwarista stories, which were done suspiciously done to mislead and cause the further confusion, in the strategy to demonise Prime Minister Dato’ Sri Mohd. Najib Tun Razak’s administration.

The ‘revised story’:

RM5 billion costs for debts over 5 years, says 1MDB boss

BY RAM ANAND

Published: 14 November 2015 12:56 PM | Updated: 14 November 2015 8:45 PM

 

Arul Kanda said that the financial charges grew in tandem with 1MDB’s debts.

“The RM5 billion was over give years, it is not the cost of one year,” he said during a briefing session organised by Umno earlier today.
He was asked earlier why the financial charges were high and amounted to more than 10% of the total debt.
“When we started out, the debt was not immediately RM42 billion. So the higher the debt got, the financial charges increased.”

He denied that the financial charges were 10% as claimed.

“For 2014, the financial charges were RM2.4 billion. This was included in the overall RM5 billion figure. Hence, it is not 10%.”

Arul Kanda said 1MDB’s debts would be reduced significantly by year-end. – November 14, 2015.

* Editor’s note: This report has been corrected after clarification from 1Malaysia Development Berhad president Arul Kanda Kandasamy

– See more at: http://www.themalaysianinsider.com/malaysia/article/rm5-billion-goldman-sachs-fees-over-5-years-says-1mdb-boss#sthash.Wr5nlOlA.dpuf

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The only reason the pro-Anwarista changed its stories is because to avoid legal action. The writers should not be reminded of their advertisements made in mainstream media four years ago.

Then it is baffling on this round of instagram statement by Nazir. We are not sure why he raised about the alleged RM5 billion fees paid to Goldman Sachs for various work the New York based investment bank did for 1MDB.

However, it is more than fair to assume that Nazir as the Chairman of BoD, former Group CEO of CIMB and a career investment banker (who managed to bring up CIMB from a merchant bank to the takeover the parent banking group), would have access to better information such as the subject matter than many other persons.

Nazir isn’t a novice at the faux pax game against 1MDB. Then again, the occurrence of these shooting-from-the-hip (mostly via social media account) is too bloody frequent from a respected banking chief executive, to be a mere faux pas.

A professional don’t usually take pot shots or clown on things like this. More over, the Chairman of banking group which is a GLC (government like company) stature.

It suspiciously looked like it is part of the game to demonise 1MDB.

The Star story:

Published: Monday June 29, 2015 MYT 6:38:00 PM
Updated: Monday June 29, 2015 MYT 7:10:49 PM

Nazir Razak ‘seeking the truth’ on Instagram

Screen Shot 2015-11-15 at 10.59.26 PM

BY AKIL YUNUS

PETALING JAYA: A cryptic photo expressing hope that Malaysians will soon get the “truth” they have been deprived of has been posted by Datuk Seri Nazir Razak (pic) on his Instagram account.

Posting an image of a sign board bearing the words, “Truth. Next exit”, the CIMB group chairman wrote; “I hope so. Our institutions must get us there quickly. Malaysians feeling truth-deprived, depressing and divisive. After truth we can find reconciliation,” he said without elaborating further.

The posting on Monday afternoon had received more than 200 likes two hours later.

Nazir, who is the younger brother of Prime Minister Datuk Seri Najib Razak, has been actively speaking out on the 1Malaysia Development Berhad (1MDB) controversy.

In May, he had slammed 1MDB’s top executives for failing to turn up for the Public Accounts Committee hearing.

He also previously questioned the state investment arm’s lateness in beginning its March 2015 audit.

More recently, Nazir has been linked with the setting up of a new non-governmental organisation with like-minded individuals such as Global Movement of Moderates chief executive officer Datuk Saifuddin Abdullah over concerns regarding Malaysia’s present socio-political landscape.

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and more of them:

The Star story:

Published: Tuesday May 26, 2015 MYT 10:37:00 AM
Updated: Tuesday May 26, 2015 MYT 4:18:49 PM

Nazir Razak slams 1MDB board on Instagram

BY EDWARD GOMEZandJOHAN HULAIMI

PETALING JAYA: It is unacceptable that 1Malaysia Development Berhad (1MDB)’s top executives are unable to attend the Public Accounts Committee (PAC) inquiry, says Datuk Seri Nazir Razak (pic).

In a post on Instagram on Tuesday, Nazir, the younger brother of Prime Minister Datuk Seri Najib Tun Razak, slammed 1MDB’s president and group executive director Arul Kanda Kandasamy as well as its former CEO Datuk Shahrol Azral Ibrahim Halmi for not being able to attend the PAC inquiry.

The CIMB group chairman had posted a picture of the front page of a financial news daily with the comment: “Your company has triggered a national crisis and you can be too busy to face Parliament? Unacceptable.”

On Monday, the PAC set a new date for Arul and Shahrol to appear.

The two have sought a month’s extension before they face the committee, which had been set to meet them on Tuesday.

The PAC was notified by the Finance Ministry that Arul and Shahrol were unable to attend as they were away on official business.

PAC chairman Datuk Nur Jazlan Mohamed told the media on Monday, “They requested 30 days … We may give them less.”

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Otherwise, he is out to be part of the strategy to demonise his own eldest brother.

The Malay Mail Online story:

Put country and people before self, Nazir Razak urges

Monday July 6, 2015
08:22 AM GMT+8
The CIMB Group chairman who is also Prime Minister Datuk Seri Najib Razak’s brother, Datuk Seri Nazir Razak (pic), sent the message via the Instagram photo-sharing service as a caption to the image of the national monument. — Reuters pic
KUALA LUMPUR, July 6 — The prime minister’s brother, Datuk Seri Nazir Razak, yesterday made a plea to unnamed individuals to put the country’s interests before their own during these “dark political times”.

The CIMB Group chairman and avid social media commentator sent the message via the Instagram photo-sharing service as a caption to the image of the national monument.

“They gave their lives so we could build a nation. In this darkest of political times we must remember to place the country & the rakyat first.

“Not personal interests, not personal loyalties, not even party politics,” he wrote.

Nazir did not identify the intended recipients of his message.

A screen capture showing Datuk Seri Nazir Razak's instagram post.

A screen capture showing Datuk Seri Nazir Razak’s instagram post.

The brother to Prime Minister Datuk Seri Najib Razak has in recent months been an outspoken figure on the topic of corporate governance, regularly criticising 1 Malaysia Development Bhd (1MDB) over what he considers shortcomings in the manner they conduct their affairs.

1MDB is under investigation by at least four federal agencies.

The latest development in the 1MDB controversy is an allegation by the Wall Street Journal that US$700 million (RM2.6 billion) of the firm’s funds were wired into the prime minister’s personal accounts.

Najib denied the report and said he will take legal action against the US newspaper tomorrow.

– See more at: http://www.themalaymailonline.com/malaysia/article/put-country-and-people-before-self-nazir-razak-urges#sthash.LooJVGjR.dpuf

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All these one-way-street jibes from the Chairman and former Group CEO of the second largest Malaysian banking group is really bad for perception. Be it politically, corporate or even for average man on the street.

If Nazir as a person who is aloof and incoherent on what effects social media statements brought forth the strategic consideration, then probably he or his good office hire consultants to look into the matter.

A damning IG statement by a Chairman of a GLC banking group

A damning IG statement by a Chairman of a GLC banking group

It is important to note that CIMB is part of Khazanah Nasional Bhd (Khazanah)., the Federal Government corporation which holds the investment and strategically manages strategic GLCs. Prime Minister Najib is the Chairman of Khazanah.

This attitude and actions by Nazir is intolerable. If Nazir is not supportive of some of the Federal Government policies and has issues of retaining his personal opinion of some of these matters in the public domain, then he should leave the Khazanah Group.

There is already a precedence within the CIMB Group.

The Star story:

Published: Tuesday July 14, 2015 MYT 6:49:00 PM
Updated: Tuesday July 14, 2015 MYT 7:04:39 PM

CIMB Islamic Bank chief Badlisyah resigns

KUALA LUMPUR: CIMB Islamic Bank chief executive officer Badlisyah Abdul Ghani (pic), who is facing an internal probe for his Facebook posting on banking documents released by the Wall Street Journal (WSJ), has resigned.

In a filing with Bursa Malaysia, CIMB Group Holdings Bhd said his resignation as CEO and board member would be effective Aug 15.

CIMB in a statement Tuesday said CIMB Islamic Bank’s board had elected Mohd Shafri Shahul Hamid as person-in-charge of the bank and the group nomination and remuneration committee will start the process to identify the next CEO for the bank.

CIMB Islamic Bank board chairman Datuk Dr Syed Muhammad Syed A. Kadir said; “We respect Badlisyah’s decision. Since his appointment in 2006, Badlisyah has strengthened our global Islamic banking franchise and we are now well positioned globally to tackle the challenges and opportunities ahead of us. The board and I are grateful to Badlisyah for his leadership, integrity and contribution to the group. We wish him well for the future and the next stage in his career.”

Badlisyah had cast doubts on the authenticity of the documents WSJ used for its reports on 1Malaysia Development Bhd (1MDB).

He subsequently released a statement admitting his analysis was wrong and that the views expressed on his Facebook page were strictly his personal opinion.

CIMB group chairman Datuk Seri Nazir Razak later said in an Instagram posting that Badlisyah should not have commented on the documents as it was a technical matter and an internal inquiry had been ordered on the matter.

Badlisyah, who is also Association of Islamic Banking Institutions Malaysia president, claimed that the bank document said to be from a Wells Fargo Bank N.A. branch in New York was not authentic as it bore the wrong Swift code. A Swift code is a code that helps overseas banks identify which bank to send money to.

Earlier this month, WSJ had published an article quoting an “unnamed investigator” that claimed almost US$700mil (RM2.63bil) of 1MDB funds were channelled into Datuk Seri Najib Razak’s personal accounts. Najib’s lawyers then sent a clarification demand to the board of directors of Dow Jones and Company Inc, which publishes WSJ.

*************

Nazir shouldn’t needed to be reminded that it was reported about his comment on Badlisyah’s Facebook posting. Unless, the CIMB Chairman could convince Khazanah, CIMB Group BoD and the public at large that the instagram account isn’t his personal social media account, it was cloned or hijacked or “@nazir.razak” is not him.

He should be able to differentiate his expected obligations as part of the upper echelon within the Khazanah Group from his personal opinion, position and/or stance, even as the perspective of a trained banker. More over, he has very direct blood relations to the Chairman of Khazanah.

The IG of the pseudo politician, banker supremo

The IG of the pseudo politician, banker supremo

It is shameful that he does not respect this. Nor, when all these could be aggregated and permute to the perception of his consistent attempts to bastardise, especially when his damming statements are not even correct in facts and the context.

Even and unless Nazir actually has a dark and hidden political ambition. It is apt with his remarkably reflecting politically-styled statements more befitting and echoing in the tones of notable Opposition politicians, namely Anwar Ibrahim, Tony Pua and Rafizi Rahim.

*Updated 2245hrs

Published in: on November 15, 2015 at 21:00  Comments (7)  

Dial ‘M’ for Mayhem

The irony of what goes around, comes around is reflective when former MP for Benut and key personality of the Group of 25 (G25) Mohd. Tawfik Tun Dr. Ismail criticised Fourth Prime Minister Tun Dr Mahathir Mohamad for what the former termed as “Betrayal of trust” and “Malaysians now paying for mistakes made in his administration”.

The Malay Mail Online:

Dr M betrayed trust of Malaysians when he was PM, Tawfik Ismail says

Thursday November 12, 2015
10:28 AM GMT+8
In an interview with a local daily published today, G25 member Tawfik Ismail said that Malaysians were now ‘paying’ for the mistakes made during Tun Dr Mahathir Mohamad’s administration. — Picture by Saw Siow Feng
\
KUALA LUMPUR, Nov 12 — Tun Dr Mahathir Mohamad has no right to talk about trust as he had betrayed the trust of Malaysians with his unilateral actions during his time as prime minister, Tawfik Ismail has said.

In an interview with the News Straits Times published today, the son of Malaysia’s second deputy prime minister Tun Dr Ismail Abdul Rahman said that Malaysians were now “paying” for the mistakes made during Dr Mahathir’s administration.

“So, I think he shouldn’t be talking about trust. In terms of his ability to do good and keep the trust of the people, I think he has failed in many ways,” Tawfik reportedly said.

An example of this, he said, was when Dr Mahathir had allowed Umno to be declared unlawful so that it could be reconstituted to exclude and include some personalities.

“He damaged the judiciary (the Malaysian constitutional crisis) and that is a big betrayal. Now, the judiciary cannot act as independently as it had before the late (former Lord President) Tun Salleh Abas’ episode,” Tawfik was quoted saying further.

Tawfik also blamed Dr Mahathir for the recent toll hikes, saying that the former prime minister had allowed and legitimised a non-transparent way of running things.

“Whose fault is that? Who made the initial agreement between the government and concessionaires?” he asked.

In an interview with news portal The Malaysian Insider recently, Tawfik blamed Dr Mahathir and his policies for the rapid Islamisation of the country and for creating racial tension.

In response, Dr Mahathir said Tawfik’s remarks were made in bad taste and stemmed from the G25 member’s personal dislike toward him.

“He’s entitled to say what he likes. I know he doesn’t like me, why he has come see me with others is beyond me,” he said.

– See more at: http://www.themalaymailonline.com/malaysia/article/dr-m-betrayed-trust-of-malaysians-when-he-was-pm-tawfik-ismail-says#sthash.R3SIEAnV.dpuf

**************

These are post engagement remarks after the recent meeting where the latter tried to rope in G25 in his fight to topple Prime Minister Dato’ Sri Mohd. Najib Tun Razak. Tawfik is the eldest son of one of the nation’s founding fathers and Second Deputy Prime Minister and Home Minister during the 13 May racial incident, Tun Dr. Ismail b. Abdul Rahman.

The Star story:

Published: Sunday November 8, 2015 MYT 2:26:00 PM
Updated: Sunday November 8, 2015 MYT 2:53:03 PM

‘Dr Mahathir, Muhyiddin sought G25 support to replace Najib’

 

BY AKIL YUNUS

PETALING JAYA: Tun Dr Mahathir Mohamad and Tan Sri Muhyiddin Yassin met the group of eminent Malays (G25) to seek their support in changing the country’s leadership, a member of the group revealed.

Tawfik Ismail (pix), who is the son of Malaysia’s second deputy prime minister Tun Dr Ismail Abdul Rahman, said G25 met the two leaders separately where the topic of replacing Prime Minister Datuk Seri Najib Tun Razak was raised.

He said the group, however, refused to get involved as they wished to remain non-partisan and were not convinced that Najib’s replacement would fare any better.

“We first met Dr Mahathir earlier this year to discuss Islam and the constitution when he broached the subject of a change in leadership.

“I countered by saying: what makes him think replacing Najib would be any better? At that time, Muhyiddin was still deputy prime minister,” he told The Star Online Sunday.

Tawfik said a confrontation transpired between them at the meeting when Dr Mahathir criticised Najib over his involvement in the 1Malaysia Development Berhad (1MDB) controversy, prompting him to point out the former prime minister’s own failings.

He revealed that a meeting then took place with Muhyiddin in October, three months after he was dropped from the Cabinet.

“It was our first meeting with Muhyiddin, and there were 12 of us (G25 members) there. He asked us how he could assist a ‘movement’ that G25 could be involved in.

“We told him we did not think that he and Dr Mahathir were the right people to fight Najib because they carried baggage with them.

“In terms of credibility, how can they portray themselves to be any better?” said Tawfik.

He said the group met Dr Mahathir for a second time on the afternoon of Oct 12, just after the former premier held a press conference with other veteran Barisan Nasional leaders, including Muhyiddin, to slam the use of the Security Offences (Special Measures) Act 2012 on political critics.

“Four of us went for the meeting where Dr Mahathir asked if the G25 was prepared to make a joint-statement with a Chinese group to talk about concerns regarding business confidence and economic uncertainty.

“We said we didn’t want to make it a race thing – where a Malay and Chinese group get together. What about other racial groups?” he asked.

Tawfik said that G25 instead proposed bringing in East Malaysia and approaching the issue as a national force, as well as exploring the national consultative council idea mooted by Najib’s brother, Datuk Seri Nazir Razak.

“We didn’t give him (Dr Mahathir) what he wanted because we wanted to play the national card,” he said.

The former Umno lawmaker said G25 still regarded Najib as the best person to lead the country as he was a moderate by nature.

“The Prime Minister is under siege now because of strong right-wing elements within Umno, and they are the ones stifling his moderate stance.

“But being the son of Tun Abdul Razak and a Western-educated politician, it is quite unlikely he is right-wing himself. We have to seek out the moderate quality inside him and strengthen it for the betterment of the nation,” Tawfik added.

Muhyiddin and Dr Mahathir’s camp could not be immediately reached for a response.

**************

The group of liberal “Prominent Malays” who comprises mostly retired senior civil servants complained on a few issues, which include the administration of Islam in Malaysia.

Tun Dr. Mahathir complained that Tawfik ‘Never liked him’.

The Star story:

Published: Thursday November 12, 2015 MYT 12:00:00 AM
Updated: Thursday November 12, 2015 MYT 7:18:56 AM

Dr M: Tawfik never liked me

BY AKIL YUNUS

Making a point: Mahathir delivering his keynote address at the second annual Malaysia’s War On Corruption Symposium.
Making a point: Mahathir delivering his keynote address at the second annual Malaysia’s War On Corruption Symposium.

KUALA LUMPUR: Tun Dr Mahathir Mohamad said he was not surprised that G25 member Tawfik Ismail had spoken out against his suggestion to replace the Prime Minister, as the former politician has never liked him.

However, he said Tawfik was “entitled to say what he liked”, and that his views did not represent the stand of G25, a group of prominent Malays espousing moderate values.

“Why he should come to see me with the others in the group is beyond me. Obviously he’s come with bad intentions.

“In front of me, he even appeared to be supportive but behind me is another matter,” the former prime minister told reporters after delivering a keynote address at the second annual Malaysia’s War on Corruption Symposium yesterday.

Dr Mahathir also admitted to mooting the idea of a “council of elders” to advise the Prime Minister after Datuk Seri Najib Tun Razak as it would allow him to listen to different opinions.

He said this was because under the current system the prime minister chose his own Cabinet and would pick those who supported his decisions all the time.

“Whatever the prime minister does will be okayed by the Cabinet.

“If there is an outside council appointed by other people, they may not agree with him all the time.

“They can give their opinions, which the PM may not necessarily accept, but at least it will allow him to hear other opinions,” the former premier said without elaborating how the council would function.

Tawfik, who is the son of the second deputy prime minister Tun Dr Ismail Abdul Rahman, said in a recent interview that the G25 had met with Dr Mahathir on two separate occasions this year.

He had said during the first meeting the topic of replacing Najib was raised and that he had responded by saying that the group did not wish to get involved and felt that whoever was to take over would not fare any better.

This prompted Dr Mahathir to suggest that a council of elders would “guide” whoever was appointed next.

***********

What is interesting is that Malaysiakini reported that Tun Dr. Mahathir said ‘Tawfik came will ill intent”.

Tawfik G25 tak boleh dipercayai, kata Dr Mahathir

Kow Gah Chie 2015-11-11 15:00:00 2015-11-11 15:34:46

Bekas Perdana Menteri Tun Dr Mahathir Mohamad hari ini menyifatkan ahli Tokoh Melayu Terkemuka (G25) Tawfik Ismail sebagai seorang yang “tidak boleh dipercayai” dan mempunyai “niat jahat”.

Katanya, beliau hairan dengan niat Tawfik untuk kumpulan itu berjumpa dengannya sedangkan anak kedua bekas Timbalan Perdana Menteri Tun Dr Ismail Abdul Rahman itu tidak menyukainya.

“Jika dia tak suka saya, saya hairan mengapa mereka (G25) datang jumpa saya. Tentu sekali dia datang dengan niat jahat dan kita tidak boleh mempercayai orang jenis ini.

“Di depan saya, dia sangat baik, seolah-olah menyokong. Tetapi di belakang, ia perkara berbeza,” bidas Mahathir.

Dalam temu bual baru-baru ini, Tawfik mendakwa Mahathir dan bekas Timbalan Perdana Menteri Tan Sri Muhyiddin Yassin bertemu dengan G25 bagi mendapatkan sokongan dalam usaha cuba menumbangkan Perdana Menteri Datuk Seri Najib Razak.

Tetapi Tawfik berkata permintaan kedua-dua mereka ditolak oleh G25, sebuah kumpulan tidak terlibat dalam politik.

Bimbing Najib

Tawfik pada wawancara itu juga mengakui bahawa Najib adalah pemimpin terbaik untuk menerajui negara kerana sifat kesederhaana beliau secara semula jadi.

Dr Mahahir juga mengesahkan beliau mencadangkan penubuhan sebuah majlis yang dianggotai orang yang lebih berumur bagi membimbing perdana menteri dalam menerajui kerajaan.

Katanya, beliau membuat cadangan itu kepada G25, kerana Kabinet mungkin akan memberi lampu hijau berhubung semua keputusan perdana menteri.

“Dalam sistem yang kita ada sekarang, perdana menteri memilih Kabinet sendiri, dan dia memilih orang yang akan menyokong beliau sepanjang masa.

“Dan sudah tentu itu bermaksud, apa saja yang dia lakukan akan diterima baik Kabinet.

“Sebaliknya, sebuah majlis luar yang dilantik orang lain tidak akan bersetuju dengan perdana menteri sepanjang masa. Mereka boleh memberi pendapat mereka.

“Mungkin perdana menteri tidak akan menerimanya, tetapi sekurang-kurangnya dia akan mendengar pendapat lain,” kata Mahathir lagi.

**************

It is obvious that Tun Dr. Mahathir is irritated about the interview where Tawfik divulged that the G25 met twice the Fourth Prime Minister. Probably he expected Tawfik kept their discussions off-line since they met privately.

Then again, the Fourth Prime Minister should not react if Tawfik choose to bring out in the open about their discussions. In May at an event in Ipoh, he divulged the private discussion with the Speaker of Dewan Rakyat Tan Sri Pandikar Amin Mulia.

Part of which, the buzz about him commenting that JAKIM should be dissolved, after Tawfik raised the liberals’ concern on the Islamic Religious Department’s authority and actions.

The Sun story:

Tun M: A council of elders should guide the prime minister in leading the country

Posted on 11 November 2015 – 04:39pm
Last updated on 12 November 2015 – 12:02am
Print

Former Prime Minister Tun Dr Mahathir Mohamad during the press conference after the opening of Malaysian War on Corruption Symposium 2015 at Kuala Lumpur. SUNPIX by ASYRAF RASID
KUALA LUMPUR: Former premier, Tun Dr Mahahir Mohamad (pix) today said he suggested to the G25 group of prominent Malays that a council of elders be formed to guide the prime minister in leading the country.

He said he made the suggestion as he deemed it necessary considering the Cabinet would probably give the green light to all of Datuk Seri Najib Abdul Razak’s decisions.

“We need an outside council who will not simply nod their head to everything the prime minister says. Though he may not accept their views, at least he could consider what they say,” he told a press conference after the Malaysian War on Corruption Symposium.

Dr Mahathir also said that he was prepared to face the consequences of having spoken out against the leadership.

“When you stick out your neck, be prepared to have it chopped off,” he said, adding that he did not care what others thought of him and that he would continue to speak out if he felt there was something wrong.

He said this was a democratic country where freedom of speech was practiced.

“I will have my say. The moment I mention the premier should be changed, it is a crime … under which laws?” he asked.

Last Friday, police recorded Dr Mahathir’s statement at his office in Kuala Lumpur over his criticism of the prime minister.

On another issue, Dr Mahathir said the courts should accept an individual’s lavish lifestyle such as owning many luxurious cars as evidence of corruption.

“If you want to detect corruption at the highest level, look at the person’s lifestyle. The courts here should accept the evidence of lavish lifestyle as enough to reveal that someone was corrupt. This way, there will be less chances of people in high places becoming corrupt,” he said.

However, he said Malaysians were very tolerant of corrupt people in “high places”, and warned that more money will be lost if this was ignored.

Asked on the relevance of the Malaysian Islamic Development Department (Jakim), Dr Mahathir said people in a democratic country should be allowed to set up or remove any government department or agency as they wished.

“If the people want to get rid of Jakim, they can. This is a democratic country, they can even stop supporting the government. That’s it,” he said.

In a recent interview with The Malaysian Insider, Tawfik Ismail (eldest son of former deputy prime minister Tun Dr Ismail Abdul Rahman) had said that Jakim should be dissolved as other institutions already existing could carry out its functions.

Responding to a statement by social activist Datuk Ambiga Sreenevasan that she was willing to work with him if he agreed to change the country’s system of government, he said his priority is to change the Prime Minister and not Umno and the system.

“As far as I’m concerned, I think unless the leadership is changed, don’t expect any changes.

“Umno was set up to struggle for independence and was led by very good people.

“The problem is when corrupted people join the party to get something out of Umno,” he said.

On his preferred candidate, Dr Mahathir said the new prime minister should be an honest person.

“Umno should keep an open attitude to accept capable new blood. Umno is not open to new members because the old members do not want to be challenged by capable people,” he added.

*****************

There are some contradiction to these statements.

First of all, Tun Dr. Mahathir wanted a “Council of Elders” to “Guide the Prime Minister in leading the country”. The first question that zooms into the average man on the street mind, “Is this Council of Elders” a formal body or informal forum?

If it is a formal body, it is neither provided in the Federal Constitution nor Barisan Nasional’s or UMNO’s Constitution.

So how would this new “Council of Elders” be properly instituted?

Barisan Nasional is to get all component parties AGM to agree that amendments be made to the BN Constitution? UMNO General Assembly is to make amendments to the UMNO Constitution? Or Constitutional amendments where Parliament is to decide on a new struture of Government?

Secondly, could the Council of Rulers be the “Council of Elders”? There is already in existence and practice of a body of brethren of HRH Rulers and His Majesty Seri Paduka Baginda Yang DiPertuan Agong, which meet ever so often and discuss and decide on very strategic matters such as appointment of Judges, Chief Judges, Chief Justice and Chief of Defence Forces.

Thirdly, if the “Council of Elders” is not as high up as the brethren of HRH Rulers “To guide the Prime Minister in leading the country”, when which segment of society should this council be filled with?

Statesman and senior politicians? Retired senior judges? Retired senior civil servants? Retired clergymen?

Fourth point is the interesting bit. If the “Council of Elders” should comprise of Statesman and retired senior politicians, who are the probable personalities that should be in there?

Of course Tun Dr. Mahathir Mohamad would be top on the very short list. Then again, who else in the cohort of Statesmen and retired senior politicians should be there?

Tun Abdullah Ahmad Badawi? Tun Musa Hitam? Tun Dr. Ling Liong Sik? Tan Koon Swan? Dr Chua Soi Lek? Tan Sri Samy Vellu? Tan Sri Koh Tsu Koon? Tan Sri Sanusi Junid? Tan Sri Ghani Othman? Tan Sri Muhamad Muhamad Taib?

The very notion of Dr. Mahathir, Abdullah, Musa, Samy and Koh sitting on a table taking about politics and be together on the ‘guidance and advice for the Executive’ itself is a fail idea from the moment of thought, let alone to get it implemented.

The conflicting of opinion and failure to get understanding between and within the “Council of Elders” is already is strong reason for idea is a failure from the start.

Fifth point, if the Prime Minister of Malaysia is subjected to “Guidance and advice of the Council of Elders in leading the country” and the “Council of Elders” comprise of retired senior judges and civil servants, then what is the role and function of the two augur houses of Parliament?

The Prime Minister of Malaysia is already answerable to Dewan Rakyat and Dewan Negara for issues raised and bills before passed and enacted. On top of that, before the weekly Cabinet, the Prime Minister is compelled to present himself to His Majesty Seri Paduka Baginda Yang DiPertuan Agong.

The Sixth point the Prime Minister is already working through several different set of forums. First, there is the Cabinet which is already enlarged and comprises of all the representatives of community. The Cabinet is supported by each Ministry’s own list of departments, agencies and GLCs.

There is the Barisan Nasional High Council, which comprises of all the component parties. Then there is also the UMNO Supreme Council.

The Prime Minister also holds regular meetings with all the Menteri Besars and Chief Ministers.

These separate forums are already more than adequate provide the Prime Minister the necessary “Guidance to lead the country”.

There are so many historical facts to contradict this last statement by the Fourth Prime Minister and Fifth UMNO President. In his tenure of 22 years, 3 months and 15 days, his administration was plagued with the various allegations and notions of corruption and abuse of power, undemocratic practices, gerry maundering and the list is long.

It is pointless to raise and argue each or even the more glaring of the lot. It is suffice to say he was faced with so many controversies and challenges and he acted against each of them, with the method and approach he saw fit in the circumstances then.

Some worked and others backfired. Malaysia lived with some of the darker legacies of those.

The point without being too contentious is that situation, attitude, approach, acceptance, expectations and perception evolved.

He Statesman should be honest enough to let things ago and take its natural path with the movement of time and let the present generation decide without him being a part of the process of making the decision, on the angle and track he saw fit.

History has clearly demonstrated that Tun Dr. Mahathir as an UMNO man, disregarded and opposed openly and waged wars against three different UMNO Presidents and Prime Ministers.

Needless to say he was a very remarkable Prime Minister and brought Malaysia to unimaginable heights in his tenure. However, his thoughts how things should be done and challenges of the day could be different in the variables of the equation, from he time he was in charge.

The challenges and permutation of variables to be sorted out of the present day have never been seen before. The global economic crisis, the global geo-political crisis and brewing, the global ‘Islamic State’ (IS) and ‘Jemaah Islamiyah’ terrorism, the growing global demand for individualism Vs the majority are some of the issues the government of the day has to sort out.

Prime Minister Najib’s adminsitration is trying to provide the balance of the need for growing Federal Government budget in the challenges of reduced earning form oil and gas, incremental public expenditure especially open spending, continued and balanced development program and reducing the deficit.

This is on top of maintaining economic growth and trade surplus, promoting trade and ensuring efficiency and productivity, in line with the Government and economic transformation programs.

Security and threat is bigger problem now even when at the tail end of fighting communism insurgency.

Thirty years ago next week, the Malaysian Government faces Islamic extremists in the form of Ibrahim Libya and his small band of militants where on 19 November 1985, the armed clash with the Royal Malaysian Police saw 14 of the “Jihadists” died and four Policemen killed in line of duty in a village called Memali, off Baling, Kedah.

Today, the Police already arrested 125 persons including 11 serving personnel of the Malaysian Armed Forces for activities related to ‘IS’. The threat of bandits and piracy of the coast of East Sabah and coastal waters surrounding Johor is very much clear and present danger.

Malaysians should never forget the the Lahad Datu Incident a little over 33 months ago where nine Policemen and a soldier were killed in action and 66 bandits were killed in the terrorism incursion.

Twenty eight years ago, 106 persons were arrested under the dreaded Internal Security Act (ISA) in one swoop on 27 Oct 1987. Majority amongst them are Opposition politicians. Four newspapers’ licenses were also revoked.

International vice syndicate of drug and human trafficking and money laundering and organised crimes are real thorny issues the Malaysian law enforcement agencies biggest nightmare.

The unwillingness to let go and do on with seeming not well thought through propositions, statements and reactions so far only contribute to confusion, the rakyat being ridiculed, the expansion and chronic discussion about distrust against the government and system, and eventually, mayhem.

Published in: on November 12, 2015 at 15:00  Comments (19)  

The strategy to preserve strategic interest of the nation

It has now reached the cross road about the strategy of the preservation of the strategic interest of the nation, with the decision to retain Edra Global Energy Bhd. within the control of Malaysians or allow foreigners to inch their way in, as part of the 1MDB ‘Rationalisation Plan’.

The Star story:

Thursday, 5 November 2015

Qatar’s Nebras-CGN tie-up said vying with TNB for 1MDB power arm

The overseas bidders had expressed willingness to pay a higher price for the state investment company’s Edra Global Energy Bhd unit than Tenaga Nasional Bhd (TNB), the people said, asking not to be identified as the negotiations were private.

State-controlled TNB is wary of overpaying because it needed to justify any acquisition to shareholders, one person said. (File pic shows one of the power stations owned by the unit.)

The overseas bidders had expressed willingness to pay a higher price for the state investment company’s Edra Global Energy Bhd unit than Tenaga Nasional Bhd (TNB), the people said, asking not to be identified as the negotiations were private.

State-controlled TNB is wary of overpaying because it needed to justify any acquisition to shareholders, one person said. (File pic shows one of the power stations owned by the unit.)

KUALA LUMPUR: Qatar’s Nebras Power QSC is in talks to partner with China General Nuclear Power Corp (CGN) in the bidding for 1Malaysia Development Bhd’s power business, people with knowledge of the matter said, potentially pitting a foreign consortium against Malaysia’s biggest listed energy producer.

The overseas bidders had expressed willingness to pay a higher price for the state investment company’s Edra Global Energy Bhd unit than Tenaga Nasional Bhd (TNB), the people said, asking not to be identified as the negotiations were private.

State-controlled TNB is wary of overpaying because it needed to justify any acquisition to shareholders, one person said. 1MDB, the debt-ridden state investment company that almost defaulted earlier this year, expects RM16bil to RM18bil for the power plants and has received bids close to that figure, president Arul Kanda said Oct 31.

The sale is part of 1MDB’s plan to wind down its operations after it drew criticism from lawmakers for rising borrowings that totalled RM41.9bil as of March 2014.

Foreign investors are normally only allowed to own as much as 49% of Malaysian power producers unless they obtain a waiver as the Government provides gas to electricity plants at subsidised prices.

It’s not yet clear whether foreign bidders for 1MDB’s power plants will be able to obtain an exemption, according to the people. State-owned CGN entered the bidding after its Hong Kong-based clean-energy arm CGN Meiya Power Holdings Co decided not to pursue an offer, according to the people.

A preferred bidder was expected to be chosen this month, two of the people said.

1MDB, whose advisory board is headed by Prime Minister Datuk Seri Najib Tun Razak, has said it expected to enter into a definitive agreement with the winning bidder before year-end.

It said “value maximisation” and “deal certainty” would be among the factors that would guide its decision. 1MDB “is bound by confidentiality” and can’t comment further at this time, it said in an e-mailed statement.

The Energy, Green Technology and Water Ministry didn’t immediately respond to an e-mail seeking comment. A spokesman for China General Nuclear declined to comment, while a representative for its main listed unit, CGN Power Co, didn’t immediately respond to a request for comment. R

epresentatives for Nebras and its controlling shareholder, Qatar Electricity & Water Co, didn’t respond to requests for comment.

TNB, which last month reported that its fourth-quarter profit fell almost 40%, has said its ownership of the 1MDB power plants would ensure “continuing Malaysian control” of those “strategic” assets.

It said 1MDB’s assets would enhance its earnings and cash flow by boosting its domestic power generation capacity and broadening its global presence. 1MDB owns a net generation capacity of 5,594 MW and is the largest independent power producer in Bangladesh and Egypt, according to its website.

Besides investments in plants in Pakistan and the United Arab Emirates, it has 3,112 MW of capacity in Malaysia, making it the nation’s biggest independent power producer after Malakoff Corp. – Bloomberg

******************

It seems that China General Nuclear Power Corp (CGN) has teamed up with Qatar Nebras Power QSC (Nebras), to take on TNB for Edra Energy’s 13 power plants which include five in Malaysia. Intially, CGN through CGN Meiya and Nebras submitted separate bids for Edra Energy.

However, CGN Meiya announced to the Hong Kong bourse that it withdrew and CGN the parent corporation would do the bidding instead.

The Federal Government which is wholly own 1MDB, the parent company of Edra Energy would be the final decision maker. Is the consideration is tactical, which is to settle part of 1MDB’s RM42 billion exposure to financial commitments through various commercial issued or something more strategic than that.

It is without doubt that 1MDB’s financial woes started when the initial plan of the listing of Edra Energy originally slotted about two years ago after a series of acquisition and consolidation of independent power plants (IPPs), did not materialise. So when it was shifted.

As such 1MDB had been laden with the financial commitments to service the borrowings with RM2.4 billion in cash annually.

The Star story:

Published: Saturday October 31, 2015 MYT 2:16:00 PM Updated: Saturday October 31, 2015 MYT 2:45:35 PM

Arul: Failed Edra IPO led to 1MDB’s troubles

BY AFIQ ISA

KUALA LUMPUR: A failed listing exercise for 1Malaysia Development Bhd’s (1MDB) energy assets last year is the main contributor to the firm’s present financial difficulties, said its chief Arul Kanda Kandasamy Saturday.

According to Arul, 1MDB had two targeted dates in which to list the assets, which are now held under its power unit Edra Global Energy Bhd. The first was in November 2013 and another date was set for November last year.

“In both circumstances, for various reasons including internal and external factors, the initial public offering (IPO) did not happen,” he told reporters during a press conference in Kuala Lumpur.

When the IPO failed to materialise, a mismatch arose between the interest charges that needed to be repaid in the short term as well as principal payments, Arul explained.

“That is my answer as to why 1MDB is facing the difficulty and challenges that we are going through today,” he said. Without reducing its current debt load of RM42bil, the cost of servicing the interest on the debt amounts to RM2.4bil per annum, he said.

Arul said that 1MDB plans to get reduce the entirety of this debt by June next year via a series of rationalisation exercises.

The sale of Edra to interested bidders, which is currently ongoing, is expected to reduce between RM16bil to RM20bil in debt from its books. With three bidders submitting final binding proposals, he said that 1MDB is currently negotiating a sale and purchase agreement while the counterparties are conducting due diligence prior to submitting a final offer. “

We expect this to happen in the next two or three weeks,” he said.

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Whether or not 1MDB could realise what it expected to get from the initially planned IPO two years should be as strategically important as what the outcome would affect Malaysians, now and in the future.

First and foremost, the capital market is no longer the level it used to be. The very least is the value of Ringgit Malaysia against the greenbacks, which is never about economic fundamentals nor the normal mechanism of foreign exchange.

Cutting loses now and realise it later with other 1MDB projects such as TRX and Bandar Malaysia, could make economic sense unless the consideration also include the political elements and pandering to pressures.

Just like about the part fallacy to pressure for TH to retain the 68,000 sq. ft. parcel for premium residential plot with TRX.

It has believed that TNB’s offer Edra Energy is RM14billion against the newly formed 100% foreign consortium of Qatar Nebras and CGN, at RM17.1billion.

The Edge Markets story:

TNB puts in lowest bid for Edra

By Kamarul Anwar / The Edge Financial Daily |

November 5, 2015 : 8:50 AM MYT

This article first appeared in The Edge Financial Daily, on November 5, 2015.

KUALA LUMPUR: Tenaga Nasional Bhd (TNB) has put in the lowest bid for the equity of 1Malaysia Development Bhd’s (1MDB) energy arm Edra Global Energy Bhd at slightly above RM8 billion, according to sources familiar with the matter.

The national utility company’s bid is understood to be about 20% lower than the closest competing bid from a foreign consortium, giving the latter an advantage over TNB to win the tender to buy Edra.

The competing bid, which values the equity in Edra at less than RM10 billion, was jointly submitted by a consortium consisting of China’s state-owned company China General Nuclear Power Corp Ltd (CGNPC) and Qatar’s Nebras Power QSC, sources told The Edge Financial Daily.

The two parties had initially come in as separate bidders. With an estimated net debt of RM8.5 billion in Edra’s books, the bids would place an enterprise value of between RM16.5 billion and RM18.5 billion for the energy unit.

1MDB president and chief executive director Arul Kanda Kandasamy previously said that Edra’s assets are valued at between RM15 billion and RM20 billion.

Note that the bidding prices may change slightly, as the final binding bidding deadline for Edra is tomorrow.

Price alone might not be the determining factor as foreign parties are limited to a maximum of 49% equity in local power assets.

However, it has been reported that the foreign bidders are applying to the government to remove the restriction and allow 100% acquisition of Edra’s Malaysian power assets. When contacted, a TNB spokesman declined to confirm the price the company had bid for Edra.

“We are [in] the midst of conducting the confirmatory due diligence process before the final deadline on Friday (tomorrow) for all bidders,” the spokesman said.

TNB president and chief executive officer Datuk Seri Azman Mohd in October said that being the sole offtaker of all power generated in Malaysia, TNB is the best and most logical buyer of Edra’s assets.

Yet, as the 1MDB drama has been a thorny issue among Malaysians, putting in a higher figure could make TNB look like it is bailing out the cash-strapped, debt-ridden 1MDB. Both these entities have a common shareholder which is the Ministry of Finance.

At about RM8 billion, TNB’s bid would meet the ceiling price that PKR’s vice-president and secretary-general Rafizi Ramli wants the government to put a cap on TNB’s purchase of Edra.

The opposition lawmaker yesterday filed a motion in the Parliament to cap TNB’s purchase of Edra at RM8 billion, claiming that it is the market value for Edra’s stable of power plants locally and abroad.

Looking at TNB’s balance sheet as at Aug 31, the utility giant had short-term borrowings of RM1.96 billion and long-term borrowings of RM22.71 billion — against shareholders’ fund of RM47.21 billion. Deducting the cash in hand worth RM2.47 billion, its net gearing level stood at 0.47 times.

In a hypothetical scenario where TNB buys Edra’s assets at RM16.5 billion (paying RM8 billion for the equity while assuming RM8.5 billion in liabilities) by using all the cash it has and borrowings for the rest, TNB’s net debt would amount to RM38.73 billion.

This is equivalent to 0.82 times its equity. With the ringgit still being Asia’s worst-performing currency and having weakened against the US dollar by 21.98% year to date, this would make Edra’s power assets relatively cheap for the CGNPC-Nebras joint venture to acquire.

Combining their balance sheets would also give them more financial muscle to make their bid. Edra has 13 power assets in its current stable, with eight of them located abroad — plus the right to build a 2,000mw gas power plant in Melaka.

In July, TNB (valuation: 1.20; fundamental: 1.30) purchased a 70% stake in Edra’s Jimah East Power Sdn Bhd, the owner of two undeveloped 1,000mw coal-fired power plants better known as Track 3B, for RM46.98 million.

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TNB’s offer is made after a due diligence was made and the consideration is about what Khazanah, EPF and KWAP agreed with the consideration on what the shareholders would be willing to fork out for the 13 IPPs, which include 8 abroad.

That is not withstanding that the value is in Ringgit Malaysia unlike Nebras-CGN, is on US Dollars. TNB prepared its budget based on Ringgit Malaysia where else the foreign parties, made their bids on USD. When the bidding process started, USD was at the level of RM3.55 and their original bid of USD3.8b naturally would get prominence since at their end, it did not cost them any extra.

The shrinking of RM against USD automatically placed TNB’s position to be disadvantaged for added the value of the consideration offered by the after-thought foreign consortium, deemed more favourable.

Then again, the beauty contest should be more than just cash.

Second, 1MDB should consider Malaysian first. Edra Energy to be foreign owned means 75% of the value of the group, would be owned and controlled by foreign parties despite on five out of the thirteen IPPs are in Malaysia.

The proposal for Edra Energy is wholesome, which means that would open the doors of the Nebras-CGN to be a player in the Malaysian power production game.

5,590MW is not a small consideration for the Malaysian Government to ignore. It comprises about 47% of TNB’s current production in Semenanjung. Instead of having all that under control of Malaysians, the consideration for power security would change tremendously if Edra Energy is 100% foreign owned and controlled.

Third, the control of Edra Energy would just be a door opener for more acquisition by Nebras-CGN, part there of or related corporations to start to offer other IPPs to be foreign controlled too. That is eroding the strategic position of power security for the nation.

It is also believed that Ministry of Finance is supporting the notion that a special provision of exemption of the national energy policy be allowed for the 100% ownership and control of IPPs. Currently, it is at 49%.

TNB Capex

TNB Capex

Fourth point is that acquisition of Edra Energy is factored into TNB’s strategic development in the form of capital expenditure (capex), where the shareholders decided of RM6-8 billion capex per annum within five years.

This acquisition would increase TNB’s current long term gearing ratio against total asset of 35% to between 40-45%. This below the power generation corporation around the region, which is between 60-70%.

It is also interesting to note the weighted average of TNB’s current borrowing is at 4.6%. Comparatively, YTL Power is also at 4.6% and Malakoff at 4.8%.

TNB would strategically lose out to Nebras-CGN since the Chinese are able to secure financing at a cost of less than 3%.

The fifth point is the financial points with regards to TNB acquiring Edra Energy. The acquisition of the group of 13 IPPs is the ability for TNB’s exposure to financial commitments, taking into consideration its own profitability track record, the ability to restructure and meet its financial commitments and projection, with and without the acquisition.

Considering that fact also means TNB would attain better economies of scale and cost of power generation, distribution and maintenance of assets for the said operational activities could be maintained at an optimum level for consumers.

All the 13 IPPs are operational, profit centres and earning cash.

Projection of power

Projection of power

The sixth point which is an extension to the fifth point is that TNB would be expanding its current level of group consolidated revenue and net income.

Currently, TNB is already the single largest contributor to Khazanah Holding Bhd’s portfolio of investments. Better profitability would contribute to higher net income to the Federal Government via the dividends distributed by Khazanah, on top of the taxes collected.

TNB is also one of the largest corporations in Malaysia. It could be measured from the perspective of group revenue, EBITDA, total assets, market capitalisation and 34,000 odd workforce.

The seventh point is value that Edra Energy would brought forth in TNB and Khazanah. The news about the lowest bid for Edra Energy today already shot TNB shares by more than RM1.00.

It is without doubt about the market bullishness on the possibility that TNB acquiring Edra Energy and offer better value and net income to investors.

TNB shareholders

TNB shareholders

The three major investors of TNB are Khazanah (29.7%), EPF (15.9%) and KWAP (8.9%).  Higher dividend yields is reflective of the better direct commercial benefits of 54.5% the shareholders, which covers almost all retirees now and the future.

Currently, TNB earning per share (EPS) is at 108.4 sen and dividend is at 29 sen per share.

The eighth plan is the acquisition of Edra Energy is an opportunity for the Federal Government to indirectly provide TNB’s opportunity and role to be an international power producer. The eight IPPs abroad which would add to the expansion of the current portfolio.

Its the perfect opportunity for TNB to be an instant player in international power production game. The IPPs under Edra Energy would generate its own revenue and cash to sustain operation and contribute into the consolidated group books.

These power production brown fields would cut the process short as compared if TNB were to start from greenfield upwards.

The ninth point for consideration is about also related to finance. It is learnt that TNB plans to restructure all the RM6billion borrowings that come with Edra Energy upon consolidation into the financially sound TNB Group.

TNB’s current net total asset position and the advantage of having RM2.5 billion in cash would provide the better position for these borrowings to be restructured for more favourable commercial papers, rates and strategic terms.

The tenth point is about the vendor program of TNB. As an end-to-end power producer, distributer and asset manager, TNB would open up for more opportunities for all the vendor development programs which include the Program Pengilang dan Pembangunan Vendor Bumiputera.

TNB vendor development program has demonstrated great success that the vendors are able to provide better rates. These vendors already serving TNB through subsidiaries like TNB Remarco would now have the opportunity to be in the international arena.

The eleventh and probably most important point is that for the strategic interest of energy production and energy security, the majority control of the end-to-end factors of production of power of generation, distribution and management should in the hands of Malaysians.

It is also believed that TNB would be in a better position to negotiate with upstream energy providers such Petronas and authorities in the likes of Energy Commission and Ministry of Energy and Green Technology. It would be translated in better terms in the new and renewed power production agreement (PPA) and safeguard the interest of all stakeholders, especially the consumers.

Out of 8.4 million TNB accounts, 80% of them are dwellings which only contribute to 20% of the revenue.

The twelfth point that the consolidated power production of TNB in Malaysia (current at 11,700MW which is 55% of the Malaysian power generation) would be raised to 17,300MW after the acquisition of Edra Energy where the five IPPs producing 5,590MW.

That capacity would propel TNB to the power production around the region in the likes of China Light and Power (18,800MW).

It is believed that 1MDB was the strategy to provide long term benefit for the power production and energy security of the nation. As planned, then the market capitalisation, value creation and projected income from Edra Energy was to be prtly resolved upon the initial and later the revised IPO.

The thirteenth point is that 1MDB board of directors (BoD), board of trustee (BoT) and Ministry of Finance should realise that Edra Energy should be acquired by TNB for consideration offered and the process to arrive at the point.

The fact is that the extraordinary general meeting (EGM) for the acquisition would be decided primarily by Malaysians for a successful Malaysian plc, is a worthy consideration for 1MDB to make the necessary concession. It would also provide a considerable relief of the current financial and cash-flow woes.

The fourteenth point is that 1MDB need not to make money, for the relieve of Edra Energy from its books.

The Rationalisation Plan tabled to Cabinet on 28 May 2015 could also be restructure for the consideration the left-pocket-to-right-pocket transaction, where the positive realisation would be in the form of strategic benefits by TNB, Khazanah, consumers and Malaysia’s long term energy policy.

The fifteenth and final point is the summation of all these points that the strategy that 1MDB started out to with the acquisition of all 5 Malaysian IPPs and 8 abroad could be realised through Edra Energy being reconsolidated under TNB.

The beneficial realisation from the acquisition of Edra Energy of the consolidated power generation, distribution and management points for a brighter future for the consumers, Khazanah and the Federal Government. After all, power and energy security, is one of those top most priority and  strategic importance the Federal Government should preserve.

 

Published in: on November 5, 2015 at 20:00  Leave a Comment  

Orwell’s 1984, present

British Government is enacting a law which requires internet providers to keep information of website visitations and surfings for at a year.

BBC story:

Details of UK website visits ‘to be stored for year’

47 minutes ago
From the section UK Politics 912 comments

Media caption Home Secretary Theresa May: ”The threat is clear”

 

The internet activity of everyone in Britain will have to be stored for a year by service providers, under new surveillance law plans.

Police and intelligence officers will be able to see the names of sites people have visited without a warrant, Home Secretary Theresa May said.

But there would be new safeguards over MI5, MI6 and the police spying on the full content of people’s web use.
Mrs May told MPs the proposed powers were needed to fight crime and terror.

Follow the latest developments on our live page

The wide-ranging draft Investigatory Powers Bill also contains proposals covering how the state can hack devices and run operations to sweep up large amounts of data as it flows through the internet, enshrining in law the previously covert activities of GCHQ, as uncovered by whistleblower Edward Snowden.

The draft bill’s measures include:
Giving a panel of judges the power to block spying operations authorised by the home secretary
A new criminal offence of “knowingly or recklessly obtaining communications data from a telecommunications operator without lawful authority”, carrying a prison sentence of up to two years

Local councils to retain some investigatory powers, such as surveillance of benefit cheats, but they will not be able to access online data stored by internet firms

The Wilson doctrine – preventing surveillance of Parliamentarians’ communications – to be written into law
Police will not be able to access journalistic sources without the authorisation of a judge

A legal duty on British companies to help law enforcement agencies hack devices to acquire information if it is reasonably practical to do so

Former Appeal Court judge Sir Stanley Burnton is appointed as the new interception of communications commissioner

Mrs May told MPs the draft bill was a “significant departure” from previous plans, dubbed the “snooper’s charter” by critics, which were blocked by the Lib Dems, and will “provide some of the strongest protections and safeguards anywhere in the democratic world and an approach that sets new standards for openness, transparency and oversight”.

‘Better balance’
But Shami Chakrabarti, director of civil rights campaign Liberty, said: “After all the talk of climbdowns and safeguards, this long-awaited Bill constitutes a breath-taking attack on the internet security of every man, woman and child in our country.

“We must now look to Parliament to step in where ministers have failed and strike a better balance between privacy and surveillance.”

And Mr Snowden warned the communications data covered by the proposed legislation was “the activity log of your life”.

In a message on Twitter he said: “‘It’s only communications data’ = ‘It’s only a comprehensive record of your private activities’.”

Jump media playerMedia player helpOut of media player. Press enter to return or tab to continue.

Media captionAndy Burnham: ”We support the government in its attempt to update the law in this important and sensitive area”

The proposed legislation, which will have to pass votes in both houses of Parliament, would order communications companies, such as broadband firms, to hold basic details of the services that someone has accessed online – something that has been repeatedly proposed but never enacted.

This duty would include forcing firms to hold a schedule of which websites someone visits and the apps they connect to through computers, smartphones, tablets and other devices.

Police and other agencies would be then able to access these records in pursuit of criminals – but also seek to retrieve data in a wider range of inquiries, such as missing people.

Mrs May stressed that the authorities would not be able to access everyone’s browsing history, just basic data, which was the “modern equivalent of an itemised phone bill”.

But investigating officers will not have to obtain a warrant, just get their request signed off by a senior officer, just as they do now – some 517,000 such requests were granted last year.

If officers want to mount more intrusive spying operations, including accessing the content of emails, hacking into computers and tapping phones, they will still need a warrant from the home secretary or another senior minister – 2,700 such warrants were signed last year.

But the draft bill proposes giving a new panel of judges, known as the Investigatory Powers Commission, the ability to veto such requests.

Background briefings on the plans
Will UK spy bill expose porn habits?
Read more: ‘Spying’ powers explained
A new licence for spies and police?

The Commons reacts to spying bill
When police or security agencies apply to intercept someone’s communications, their plans would have to be first signed off by the home secretary but then approved by one of these judges.

In urgent situations, such as when someone’s life is in danger or there is a unique opportunity to gather critical intelligence, the home secretary would have the power to approve an interception warrant without immediate judicial approval.

The judges would also be able to refer serious errors to an outside tribunal which could then decide to tell the individual their data has been illegally collected.

The bill does not propose forcing overseas companies to comply with these orders.

The bulk collection of internet messages flowing through the UK by GCHQ, as revealed by Edward Snowden, is currently in a legal grey area, covered by legislation originally meant for other purposes.

The security services argue they need access to large amounts of data to help them monitor suspected foreign terrorists or criminals deemed to pose a threat to the UK.

The new bill would aim to put bulk collection on a firm legal footing, with the home secretary given the power to issue warrants, as set out in the graph below.

The flow chart to determine

The flow chart to determine

Graphic showing the process for securing authorisation to collect bulk data under the new draft bill – 4 November 2015

The estimated cost to taxpayers of implementing the Bill is about £247m over the next 10 years, including storage of internet connection records and the new warrant approval regime.

The draft bill is a response in part to a review by the government’s terror watchdog, David Anderson QC, who said in June the UK needed a “comprehensive” new surveillance law to replace the current “fragmented” rules.
Speaking on BBC Radio 4’s PM programme, Mr Anderson gave Mrs May’s proposals “four stars” but said it would be for Parliament to determine the extent of surveillance powers and safeguards.

He said: “This isn’t a licence for the police to simply prowl over everything you have been doing, but I quite accept that a lot of data is being kept by these service providers and under the government’s proposals it would be kept for a very long time.”

Person using computer keyboardImage copyrightPA

This creates “obvious risks” he said, adding: “I simply wouldn’t vote for this unless I had been very substantially satisfied that those risks had been minimised.”

Labour’s shadow home secretary Andy Burnham backed the draft bill, saying it was “neither a snooper’s charter nor a plan for mass surveillance”.

Former Lib Dem leader Nick Clegg said it was a “much improved model” of the legislation he blocked during the coalition government but said the “devil would be in the detail”.

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This is the added element into the British paranoia of terrorist attacks. For almost fifty years, Britons endured the threat of terrorist attacks which include bombing in public places which started by the Irish Republic Army. Now, its the Islamic State self proclaimed ‘Jihadists’.

United Kingdom is now a “Surveillance State”, where the nation boasts the highest number of surveillance cameras in the world at the ratio of  there is one every eleven people.

Telegraph story:

One surveillance camera for every 11 people in Britain, says CCTV survey

Britain has a CCTV camera for every 11 people, a security industry report disclosed, as privacy campaigners criticised the growth of the “surveillance state”.

 

Email
One surveillance camera for every 11 people in Britain, says CCTV survey
Photo: ALAMY
David Barrett By David Barrett, Home Affairs Correspondent6:30PM BST 10 Jul 2013 Comments128 Comments
The British Security Industry Authority (BSIA) estimated there are up to 5.9 million closed-circuit television cameras in the country, including 750,000 in “sensitive locations” such as schools, hospitals and care homes.
The survey’s maximum estimate works out at one for every 11 people in the UK, although the BSIA said the most likely figure was 4.9 million cameras in total, or one for every 14 people.
Both projections were higher than previous estimates which ranged between 1.5 million and four million.
Simon Adcock, of the BSIA, said: “This study represents the most comprehensive and up to date study undertaken into the number of CCTV cameras in use in the UK.
“Because there is no single reliable source of data no number can ever be held as truly accurate however the middle of our range suggests that there are around five million cameras.”

He added: “Effective CCTV schemes are an invaluable source of crime detection and evidence for the police. For example, in 2009 95 per cent of Scotland Yard murder cases used CCTV footage as evidence.”
But Nick Pickles, director of the privacy campaign Big Brother Watch, said: “This report is another stark reminder of how out of control our surveillance culture has become.
“With potentially more than five million CCTV cameras across country, including more than 300,000 cameras in schools, we are being monitored in a way that few people would recognise as a part of a healthy democratic society.
“This report should be a wake up call that in modern Britain there are people in positions of responsibility who seem to think ‘1984’ was an instruction manual.”
The survey included all cameras in public and private areas, regardless of whether the images are recorded or watched “live”.
It estimated there are between 291,000 and 373,000 cameras in public sector schools, plus a further 30,000 to 50,000 in independent schools.
Surgeries and health centres have an estimated 80,000 to 159,000, while there are believed to be between 53,000 and 159,000 cameras in restaurants, the report said.

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The ability to fulfil the objective of having access to anyone’s internet surfing history is practical if the website is not encrypted. Encryption is the key success factor to protect breach of information to unauthorised user and preserving secrecy and privacy.

Then again, the Home Ministry proposal to ban encrypted messages within UK communicators was attacked as “Economically irresponsible”.

Telegraph story:

Banning encryption would be economically irresponsible and ultimately futile

Forcing companies like WhatsApp and Snapchat to design security flaws in their software opens the door to everyone, not just benevolent spies

Email
Home Secretary Theresa May is considering the idea of giving senior judges the right to sign off intercept warrants

By Adam Afriyie MP10:55AM GMT 03 Nov 2015Comments122 Comments

The Government’s first duty must always be defend and protect British citizens, so I am delighted that it has kept cybersecurity firmly at the top of the political agenda.
In the same way that poorly implemented “stop and search” often exacerbated problems in the past, I worry that we could go down the same route with encryption technology.

Encryption keeps our details safe from fraudsters when we bank or pay for goods online and when we send private or commercially sensitive messages. It ensures that our passwords can’t be stolen by hackers and that we can keep our information safely on our computers.

The Government is rightly concerned about the risks of digital encryption technology, in the same way that it was concerned about invisible ink, encoded letters and faxes in the past.

If there is substance to rumours of a crackdown on encryption in the publication of new Investigatory Powers legislation, it would be as mistaken as it would be ineffective.
“Banning technology does not get rid of it”
Banning technology does not get rid of it. It either makes criminals of millions of normal internet users, or designates it the reserve of established criminals like drug dealers and terrorists.
Once a technology exists, you can’t wish it away, even if you underpin your objections with legislation. In China, where the Government has gone to great lengths to ban Facebook, an estimated 64 million people have slipped through the net.

Trying to enforce the unenforceable is a waste of taxpayers’ money and an unnecessary distraction for law enforcement agencies.
Let’s also remember that encryption is hugely beneficial to online security. To take one example, digital currencies rely on encryption to transparently verify online transactions. A record of every single digital currency payment is kept online independently, meaning that it is completely transparent and verifiable. Encryption therefore makes these transactions easier – not harder – to track.

If a criminal wants to remain invisible, they will stay offline, where the Government can’t track their conversations, emails or money transfers. The security services must embrace and adapt to popular, market-driven and ubiquitous innovations rather than seeking to put a billion horses back in the stable.

Knowledge of encryption is widespread in the technical and academic world. The futility of fighting dispersed knowledge of this kind would make book-burning look like a successful strategy.

Making encryption illegal in the UK will also push technical experts, businesses and entrepreneurs from our shores. Our welcoming and dynamic ecosystem of fast-growing technology clusters is attracting ever more businesses to Britain. Mixed messages from the Government about encryption risks warning off investors and businesses looking for their next base.
Encryption is the basis of many innovative companies that want to build trust with customers by keeping users’ details secure. We should be helping, not punishing the most successful cyber-security companies. Britain must remain open to the jobs and investments these companies bring. So let’s not endanger a job-creating, wealth-creating industry with clumsy laws.
Forcing companies to design security flaws in their encryption software opens the door to everyone, not just benevolent Governments. It would be ludicrous to ask for a “back door” for the security services, without recognising that it would undermine the integrity of the whole system. The security that encryption technology brings helps us all to feel safe online. If you remove that security then the trust between consumers and providers breaks down. That’s bad for consumers and potentially fatal for businesses.
“It is futile to fight the mathematics of encryption”
It is futile to fight the mathematics of encryption. The Government is right to continue with its tried-and-tested policy of asking companies to retain records of when, with whom and for how long people communicate, subject to proper judicial oversight.
A simple update of the existing powers to cover new technologies is really all that’s required. Companies that design internet communication software will now want to comply, if only to emphasise the point that an outright ban is unnecessary. This consensual approach will undoubtedly be the ultimate outcome, as the Government has recognised that a heavy-handed approach to encryption technology won’t work.
Banning apps like WhatsApp and Snapchat won’t work
We will stand a better chance of defeating cyber-crime by directing our efforts precisely rather than punishing millions of users in one fell swoop. If we’re serious about the emergence of digital Britain, now is the time to prove it. This requires sensible measures, not a knee-jerk response that could undermine an industry with the potential to keep Britain at the forefront of the global race.
Let’s go after the criminals, not the technology.
Adam Afriyie is Conservative MP for Windsor, Chair of the Parliamentary Office of Science and Technology and a former IT entrepreneur

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The debate now would be between the extreme advocates of privacy, access to free and uncensored information and personal rights and the paranoids of law enforcement agencies and the intelligence community.

Striking the balance between infringement on privacy and rights to have access to information and provide a blanket of security for the people against the enemies of state operating in the cybersphere as the main propaganda and recruitment enabler, is a very complex and abstract art of politics.

Considering Britain had a fair brutal and horrifying share of terrorist attacks in the past ten years, being paranoid is anytime much better than ‘getting wiser after the event’.

The organised 7 July 2005 London bus bombing near Tavistock Square and London Tube underground bombings at Edgware Rd station and King’s Cross-St Pancras station where 52 innocent people died and 700 others injured is forever resided as ghastly nightmare for Britons.

The back breaking challenge is to have the safeguard against the abuse of this law against ordinary people. In the information age where there are 1 billion smart phones and 1.5 billion Facebook accounts, it is very important that these tools are not misused for sinister purposes as well as preserving privacy and private information.

Philosophy fictional author prophecised this in his 1949 book ‘1984’.

Published in: on November 5, 2015 at 03:30  Leave a Comment  

Incompetent application for Disaster Duo

Federal Court today decided that the appeal of Disaster Duo Khairuddin Abu Hassan and Matthias Chang to cite the Attorney General for their arrest under Security Ordinance (Special Measures) Act 2012 (SOSMA) as “Incompetent” and threw it back for the Kuala Lumpur High Court to decide on the three issues raised for their arrest.

NST story:

Fed Court dismisses constitutional challenge by Khairuddin, Chang

BY KHAIRAH N. KARIM – 3 NOVEMBER 2015 @ 2:30 PM

PUTRAJAYA: The Federal Court has ordered the High Court to decide on three constitutional questions regarding the charges under the Security Offences (Special Measures) Act 2012 against sacked Umno Batu Kawan deputy divisional chief Khairuddin Abu Hassan and lawyer Matthias Chang.

A five-men bench led by Chief Justice Tun Arifin Zakaria made the decision after allowing the prosecution’s preliminary objection (PO).

The court ruled that the application to refer the questions to the Federal Court was incompetent and did not comply with Section 84 of the Courts of Judicature Act 1964.

“We agree with the prosecution that the application is incompetent and does not go with Section 84,” Arifin said adding that the reference made should be remitted back to the High Court to decide.

He fixed Nov 5 for the matter to be heard at the High Court.

The other four judges presiding on the panel were Court of Appeal president Tan Sri Md Raus Sharif, Tan Sri Ahmad Maarop, Tan Sri Hasan Lah and Datuk Ramly Ali.

Earlier, the prosecution led by deputy public prosecutor Awang Armadajaya Awang Mahmud raised a PO against the reference by the High Court to the Federal Court. Awang submitted the PO on grounds that the three questions referred to the Federal Court did not comply with Section 84 of the Courts of Judicature Act 1964.

“There was nothing in the affidivit that shows that the questions referred was one that ‘a question arises as to the affect of constitution’,” he said in asking the court to dismiss the referrence and remit it back to the High Court for trial to proceed. Counsel Mohamed Haniff Khatri Abdulla who acted as Khairuddin’s lead counsel had asked the court for an interim bail.

However, that was rejected by the court on grounds that bail should be decided by the High Court since it involved the liberty of a person.

Meanwhile counsel Zainur Zakaria acted as lead counsel for Chang. On Oct 19, the High Court referred the three questions on constitutionality to the Federal Court on whether the charge could be tried under the Security Offences (Special Measures) Act 2012 (SOSMA).

The three questions were:

1) Does the charge against the accused persons under Section 124L of the Penal Code fall outside the constitutional ambit of Sosma 2012, pursuant to the provisions of Article 149(1) of the Federal Constitution.

2) If the answer to Question 1 is in the affirmative, do the accused persons have the right to be released on bail forthwith?

3) If the answer to Question 1 is in the negative, should the trial of the charge against the accused persons be conducted in the Sessions Court taking into account the sentencing provisions under section 124L of the Penal Code?

Oct 12, Khairuddin and Chang were charged at the Kuala Lumpur magistrate’s court with attempted sabotage of the state’s banking and financial services.

The duo were alleged to have committed the offences in five countries; France, the United Kingdom, Switzerland, Hong Kong (China), and Singapore between June 28 and Aug 26.

They may be jailed up to 15 years if found guilty under Section 124L of the Penal Code. Both of them were not granted bail as they were detained under Sosma.

Read More : http://www.nst.com.my/news/2015/11/fed-court-dismisses-constitutional-challenge-khairuddin-chang

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On 19 October 2015, Kuala Lumpur High Court pushed the case to the Federal Court to decide.

Bernama story:

High Court refers Khairuddin and Chang’s Case to Apex Court

19 October 2015 | Source: Bernama
KUALA LUMPUR, Oct 19 (Bernama) — The High Court today has referred former Batu Kawan UMNO division vice chief Datuk Seri Khairuddin Abu Hassan and lawyer Matthias Chang Wen Chieh’s case to the Federal Court to determine whether the charges they faced are triable under the Security Offences (Special Measures) Act 2012 (SOSMA).

Judge Datuk Mohd Azman Husin said the court will forward three questions on constitutional issues to the Apex Court soon, among others, does the charge against the accused persons as tendered before this court under Section 124L of Penal Code, fall outside the constitutional ambit of SOSMA?

“If the answer to the first question is in affirmative, do the accused persons have the right to be released on bail forthwith?

“If the answer to the first question is in negative, should the trial against the two accused, be conducted in the Sessions Court taking into account the sentencing provision under Section 124L of Penal Code?,” he said.

The judge made the ruling after hearing submissions from defence lawyers Mohamed Hanif Khatri Abdulla and Zainur Zakaria and Deputy Public Prosecutor Mohd Masri Daud and Mohamad Abazafree Mohd Abbas.

The duo had on Oct 13, filed a motion under Section 35 of Courts of Judicature Act 1964, at the High Court seeking several orders from the High Court, among others, that the charge against them under section 124L of the Penal Code does not fall under SOSMA and therefore, wanted the court to release them on reasonable bail.

Khairuddin, 53, and Chang, 65, were charged with attempting to sabotage Malaysia’s banking and financial services under Section 124L of the Penal Code (Act 547) read with Section 34 of the same Code, which carries a jail term of up to 15 years upon conviction.

He allegedly committed the offence at five locations between June 28 and Aug 26, this year.

The locations are the office of the France Economic and Financial Crimes Division chief in Paris; Charing Cross Police station, London, United Kingdom; office of the Switzerland Attorney General in Bern; WaiChan Police station, Hongkong and Cantonment Police Headquarters, Singapore.

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The Federal Court decision put forth the matter is yet to reach the Apex Court level, to be deemed as a matter of constitutional dispute. Hence, the matter should be argued at High Court.

A synopsis of Article 149 which is part of basis for the first question:

Article 149: Legislation against subversion, action prejudicial to public order, etc.
149. (1) If an Act of Parliament recites that action has been taken or threatened by any substantial body of persons, whether inside or outside the Federation—

(a) to cause, or to cause a substantial number of citizens to fear, organized violence against persons or property; or
(b) to excite disaffection against the Yang di-Pertuan Agong or any Government in the Federation; or
(c) to promote feelings of ill-will and hostility between different races or other classes of the population likely to cause violence; or
(d) to procure the alteration, otherwise than by lawful means, of anything by law established; or
(e) which is prejudicial to the maintenance or the functioning of any supply or service to the public or any class of the public in the Federation or any part thereof; or
(f) which is prejudicial to public order in, or the security of, the Federation or any part thereof,
any provision of that law designed to stop or prevent that action is valid notwithstanding that it is inconsistent with any of the provisions of Article 5, 9, 10 or 13, or would apart from this Article be outside the legislative power of Parliament; and Article 79 shall not apply to a Bill for such an Act or any amendment to such a Bill.
(2) A law containing such a recital as is mentioned in Clause (1) shall, if not sooner repealed, cease to have effect if resolutions are passed by both Houses of Parliament annulling such law, but without prejudice to anything previously done by virtue thereof or to the power of Parliament to make a new law under this Article.

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One of the laws enacted by the Malaysian Parliament to revoke the Constitutional right of a citizen was the Internal Security Act (1960). It has since been rescinded and replaced with SOSMA 2012.

Security Offices (Special measures) Act 2012, also known as SOSMA

Security Offices (Special measures) Act 2012, also known as SOSMA

This is a landmark case indeed. The acts of the Disaster Duo have been echoed by global media, which somewhat caused some degree of effect on the confidence of doing business in this country.

 

Published in: on November 3, 2015 at 19:34  Comments (1)  

The drama ends with the chicken roasted

Speaker of Dewan Rakyat Tan Sri Pandikar Amin Mulia threw an ultimatum if Government pander on the chickenish sordid drama by DAP Strategist and Petaling Jaya MP Tony Pua challenging 1MDB Group Executive Director Arul Kanda for a live tv debate.

Pua is a member of the Public Accounts Committee (PAC) and it is believed that he would use some of the privileged information obtained as part of the investigation and process of scrutiny.

This is on top for matters which are privy to the ongoing investigation by the Parliamentary committee could be deemed subjudice to the case.

NST story:

Pandikar tells govt: Stop Arul-Pua debate or I’ll resign

BY NURADZIMMAH DAIM –

3 NOVEMBER 2015 @ 1:00 PM KUALA LUMPUR:

Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia has issued an ultimatum to the government: stop the planned debate between Arul Kanda and Tony Pua or else he will resign.

“If the government still goes ahead with the debate, I will not get involved.. I will resign as Speaker,” he said in Parliament today after much prodding by several members who had questioned the conditions posed by the House for the debate.

The proposed debate between Arul, who is 1Malaysia Development Bhd (1MDB) president, and DAP lawmaker Pua, had generated a massive amount of publicity over the last week.

Pua, a member of the Public Accounts Committee (PAC), had been vocal in his criticism of 1MDB’s affairs, setting the stage for the debate.

Pandikar however, questioned the need for such a debate. He felt that PAC’s probe into 1MDB should handled in a proper manner.

“What is the problem if PAC carries out its investigation and subsequently tables the report… can’t Malaysians wait until the investigation by PAC is done?

“Petaling Jaya Utara (Pua) is also in PAC, and Arul also will be called up by PAC. Why the rush? Will the debate get a conclusive answer?

“The answer is no. We also know that the investigation report by PAC on 1MDB will also be presented to the House Committee,” he said.

Pandikar had earlier told the House that parliament would not stop the debate between Arul and Pua, provided that Pua either resigns from PAC or excuses himself from PAC’s 1MDB-related proceedings.

He had also specified that Arul should not be involved in the investigation. “Standing Order 23(1)(e) states that members are not allowed to give statements without the consent of the House committee. So, the debate in this matter is against the Standing Order since the matter is still being investigated by PAC.

“The planned debate on TV will give space to discuss the matter and is premature as the (1MDB) invesigation is still ongoing. It will affect PAC and attract prejudice of the credibility of both parties (involved in the debate).

“Furthermore, the tendency to accuse a person’s character is not allowed by Standing Order 23(1)(o).”

Pandikar also reminded the House that the role of a PAC member is that of an investigator, not a prosecutor, referring to Pua.

Read More : http://www.nst.com.my/news/2015/11/pandikar-tells-govt-stop-arul-pua-debate-or-ill-resign

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The concern the Speaker raised is valid and the process of investigation and scrutiny is actively ongoing and yet to be conclusive, let alone to be tabled to PAC.

However, DAP was quick to react by offering another MP to debate against Arul.

NST story:

If Pua can’t debate, we’ll replace him with someone else, says DAP

3 NOVEMBER 2015 @ 2:00 PM

BY MINDERJEET KAUR

KUALA LUMPUR: DAP will nominate one of its members to replace Tony Pua in the proposed debate against 1Malaysia Development Bhd (1MDB) chief Arul Kanda.

The Opposition party’s chief whip Anthony Loke said, should Pua be disallowed from taking part in the debate by virtue of his position within the Public Accounts Committee (PAC), the party would place another candidate for the debate.

Loke said they want the debate to go ahead as scheduled.

“As the chief whip, I do not agree that Pua should resign from the PAC to make way for the debate,” he told a press conference at the Parliament lobby today, just minutes after Speaker Tan Sri Pandikar Amin Mulia announced the conditions for the Arul-Pua debate.

He said DAP feels Pua should remain as a PAC member to investigate and be part of the 1MDB probe proceedings.

Loke also questioned the new conditions imposed, which include requiring Pua to resign as a PAC member in order to take part in the debate.

“Is this a political strategy by Barisan Nasional? At first they say they do not oppose the debate. They pretend they are not afraid. Now the Speaker says it is not allowed under the Standing Orders,” he said.

Selanjutnya di : http://www.nst.com.my/news/2015/11/if-pua-cant-debate-well-replace-him-someone-else-says-dap?m=1

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The point is that DAP is not at all interested in the truth but to do as much as they can to demonise Prime Minister Najib and administration, as part of the strategy to deny the interest and aspiration of the majority and alleviate themselves as a minority to govern the nation.

Published in: on November 3, 2015 at 14:30  Comments (2)