Do We Live in The Simpsons Country?

For those who have not watched Malaysiakini's video on the 21 of us being charged by the Attorney General's office for gathering to light candles and sing the national anthem, here it is.

More interestingly, K Anand, who writes at The Malaysian Insider brings back memories of a 2006 episode of The Simpsons entitled "The Monkey Suit", where Lisa attempted to bring the Theory of Evolution into schools, and got arrested for her troubles. The parody is just frighteningly similar to what's happening to our Bolehland today...

Lisa then decides to go underground, organising a class after regular school hours to teach her classmates about Darwin and his book “The Origin of the Species”.

As she starts her first class, the door of the room is busted open by Police Chief Wiggum of the Springfield Police Department and his two deputies, guns drawn, arresting a young girl who was just trying to educate her fellow students.

Lisa says something to the effect that “there are harden criminals out there and you want to arrest me”, to which Wiggum replies “we only work based on the last law passed”, which was the one made at the town hall meeting above.

As they are talking, the scene shifts to the Kwik-E-Mart where a machine-gun toting criminal is randomly shooting at passersby from the rooftop. Looking through the window, Chief Wiggum just shrugs and says “ahhh... on another day we would have been all over that scene”.

Way to go, Malaysia.

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Questions for Parliament 2009

Finally with all the festivities since the end of last year coming to an end, I'll probably be able to jolt myself from inertia, restart my engine again to start blogging more frequently ;-)

In particular, parliament will reconvene early this year on 16th February (it usually starts in March, but our outgoing prime minister wants to put in a few more laws to be passed before he hands over, hence it was brought forward). I've submitted my list of questions to the parliament before the Chinese New Year. I'll list them down below. Apologies for not having gathered some feedback before submitting, but with all the things which were happening, I didn't get around to giving sufficient notice. ;-)

List of questions for oral reply (subjected to maximum of 40 words each):

1. Tony Pua meminta Menteri Koperasi dan Pembangunan Usahawan menyatakan sebab Syarikat Airport Limosin Malaysia menyewakan teksi KLIA dengan harga mahal sebanyak RM166 setiap hari. Manakala, sewa teksi bandar adalah hanya RM60 setiap hari untuk kenderaan yang sama. Apakah tindakan yang akan diambil supaya nasib pemandu teksi KLIA dapat dipeliharakan?
   
   
2. Tony Pua meminta Menteri Kerjaraya menyatakan apakah bayaran yang dikenakan jikalau kerajaan mengambil-alih Lebuhraya Damansara-Puchong (LDP) mengikut terma ekspropriasi dalam perjanjian konsesi. Adakah ianya lebih wajar untuk mengekspropriasi LDP, ataupun membayar wang gantirugi RM75 juta setiap tahun kepada pihak konsesi diteruskan sehingga konsesi tamat.
   
   
3. Tony Pua meminta Menteri Dalam Negeri menyatakan adakah keadaan keselamatan di Malaysia adalah amat serius kerana kes rompakan setiap 100,000 penduduk adalah 90.49 di Malaysia, manakala di Hong Kong dan Jepun hanya 17.56 dan 4.78. Kes rogol pula, index Malaysia 11.47, manakala Hong Kong dan Jepun hanya 1.54 dan 1.62.
   
   
4. Tony Pua meminta Menteri Kewangan menyatakan pencapaian pelaburan dari luar negeri di Iskandar Malaysia dari segi jumlah yang telahpun dijanji berbanding dengan jumlah yang telah dilabur. Apakah impek kemerosotan ekonomi kepada Iskandar pada tahun-tahun yang akan datang?
   
   
5. Tony Pua meminta Perdana Menteri menyatakan kedudukan penubuhan Suruhanjaya Pengangkutan Awam dan dana pengangkutan awam sebanyak RM35 billion yang telah diumumkan sejak June tahun lalu. Senaraikan jumlah perbelanjaan daripada dana ini yang akan dibelanjakan mengikut projek pembangunan perkhidmatan pengangkutan awam pada tahun 2009 dan 2010.
   
   
6. Tony Pua meminta Menteri Tenaga, Air dan Komunikasi menyatakan samada kementerian akan mengubah status kesulitan perjanjian konsesi penjana tenaga bebas (IPP) seperti apa yang telah dilakukan oleh Kementerian Kerjaraya. Adakah perjanjian-perjanjian tersebut mempunyai peruntukan yang membolehkan kerajaan mengekspropriasi konsesi dan apakah terma pampasan yang perlu dibayar mengikut perjanjian?
   
   
7. Tony Pua meminta Menteri Kerjaraya menyatakan hasil kajian pakar perunding mengenai konsesi Lebuhraya Damansara Puchong. Adakah pihak syarikat konsesi telah mematuhi kesemua syarat rekacipta dan pembinaan lebuhraya di dalam perjanjian, termasuklah syarat “divided dual three-lane carriageway with design speed of 80kph”?
   
   
8. Tony Pua meminta Menteri Kewangan menyatakan adakah ianya lebih wajar untuk Khazanah Nasional yang memiliki 63.9% syarikat PLUS, untuk membuat tawaran am untuk membeli ekuiti daripada pemilik minoriti supaya perjanjian PLUS dapat dirombak untuk mencapai persetujuan harga tol yang lebih munasabah dengan kos pembinaan dan penyenggaraan.
   
   
9. Tony Pua meminta Perdana Menteri menyatakan langkah-langkah yang akan diambil oleh pihak kerajaan untuk membetulkan segala “bottleneck” dari segi kelemahan rekabentuk CIQ Johor Bahru yang baru kerana pembukaan CIQ ini telahpun menyulitkan pengguna-pengguna tambak Johor biarpun pemandu kereta, penumpang bas ataupun pejalan kaki.
   
   
10. Tony Pua meminta Menteri Dalam Negeri menyatakan hasil laporan daripada pakar jenayah daripada sebuah universiti tempat untuk menyelidik kadar jenayah di Malaysia untuk memberi keyakinan kepada rakyat bahawa Malaysia adalah lebih selamat daripada negara seperti Jepun dan Hong Kong, seperti yang diumumkan oleh Menteri pada 4hb Disember.
    

List of Questions for Written Reply:

1. Tony Pua meminta Menteri Kerjaraya menyatakan wang pampasan yang perlu dibayar kepada setiap syarikat konsesi sekiranya kerajaan mengambil keputusan untuk mengekspropriasi konsesi mengikut syarat kontrak. Apakah wang pampasan yang dibayar kepada setiap konsesi setiap tahun untuk menampung kadar tol yang lebih rendah daripada apa yang dipersetujui.
   
   
2. Tony Pua meminta Menteri Dalam Negeri menyatakan:
   
   i.Kadar jenayah di Selangor dari tahun 2000 sehingga 2008 mengikut tahun, jenis jenayah dan kawasan daerah.
   
   ii.Kadar jenayah di Malaysia dari tahun 2000 sehingga 2008 mengikut tahun, jenis jenayah dan negeri.
   
   
3. Tony Pua miminta Menteri Dalam Negeri menyatakan 
   
   i.jumlah anggota polis di Petaling Jaya dari tahun 2000 sehingga 2008 mengikut tahun dan jawatan
   
   ii.jumlah anggota polis yang akan ditambah ke Petaling Jaya dari tahun 2009 sehingga 2012 berbanding dengan jumlah yang akan bersara mengikut tahun dan jawatan.
   
   
4. Tony Pua meminta Menteri Kewangan menyatakan 
   
   i.saham-saham yang dimiliki oleh syarikat ValueCap mengikut tarikh pelaburan, jumlah syer, harga yang diperolehi dan harga semasa pada akhir tahun 2008.
   
   ii.kunci kira-kira terperinci syarikat ValueCap pada akhir tahun 2008
   
   
5. Tony Pua meminta Menteri Kewangan menyatakan keduduk pelaburan EPF memerolehi Bank RHB pada tahun 2007 dan memberikan:
   
   i.Jumlah perbelanjaan mengikut jenis aset dan ekuiti
   
   ii.Jumlah nilai mengikut jenis aset dan ekuiti, termasuk wang daripada syer yang telah jual kepada pihak lain

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Charged!

Tony sheds a tear on Haris' big shoulders  as he enters the courtroom
as an accused for the first time... sob! (Pic courtesy of Sinchew)

Heh, as many of you would have read by now, the Government decided to offer us big "ang pow" before Chinese New Year by charging us for our presence at the candlelight vigil commemorating the first anniversary of the BERSIH rally as well as to oppose the continued use of ISA.

Of course, you've read all about our arrest here and here. Both Weng San and I have yet to charge the police of assault, and yet they've decided to proceed to prosecute us "under instructions from the top".

In the past, one could "almost" understand that action is taken if we march the streets, stop traffic, sit on the roads that actions would be taken. But in this case, we were on MBPJ property with councillors and Selangor state government exco present, lighting candles and singing the national anthem, and yet the police came in to beat up people without arms and charge them in court.  Of course, when the UMNO thugs take the streets, the police will give them security escort instead ;-)

It is of course, a classic case of intimidation. If any of us elected representatives are found guilty, under the law, the judge has no choice but to impose a minimum RM2,000 fine, and we'll all be disqualified from our elected positions. Yes, it's a concern, but I do know of other newly elected reps who have their charges outstanding since 1999 reformasi days... so yes, I'll remain PJU MP for a while more yet ;-)

More importantly, as the Bar Council President, stated in the Malaysian Insider:

Bar Council president Datuk Ambiga Sreenevasan, who had shown up in support of the accused, said the charges were "completely ridiculous" and transgressed against the public's right to participate in a peaceful demonstration.

She added that it was a waste of taxpayers' money to prosecute the 21.

While in Malaysiakini:

Ambiga told reporters that the attorney-general should drop the charges and put in efforts to prosecute real crimes and not people exercising freedom of expression which is protected under the Federal Constitution.

"These people are not dangerous," she said, adding that there are better ways where the government could have utilised the taxpayers' money rather than to charge them.

I can't agree more. With crime rates soaring, I'm sure we must one of the biggest criminal gangs in town, or worse, national security threats which required the Attorney-General's office from Putrajaya to personal send of the "rising star" Deputy Public Prosecutors to handle the charges.

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Take Back Highways?

Article today in The Sun

DAP's Ops RESTORE ("Restructure Toll Rates & Equity") Team handed over our preliminary findings on the toll concessions to the Ministry of Works yesterday morning - will blog the contents later.

But I thought it was rather interesting that I received another anonymous email, in it which suggested that the RM75 million compensation for LITRAK was only for 2007 and 2008 (which I'll further verify with the works minister) and another interesting comment as follows:

If the toll rates are imposed as per the CA (Concession Agreement), there will be ZERO compensation and I do not understand why the Government would even think of spending RM1.4 Billion for expropriation, as per you statement.

Ummm... if the government doesn't pay the compensation, the rakyat will have to pay to make up the extra 50 sen no?

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Cheaper to Expropriate LDP

Article published in The Sun today, pg 6

ex⋅pro⋅pri⋅ate   [eks-proh-pree-eyt]
–verb (used with object), -at⋅ed, -at⋅ing.

1. to take possession of, esp. for public use by the right of eminent domain, thus divesting the title of the private owner: The government expropriated the land for a recreation area.
   
   
2. to dispossess (a person) of ownership: The revolutionary government expropriated the landowners from their estates.
   
   
3. to take (something) from another's possession for one's own use: He expropriated my ideas for his own article.
   

I have blogged earlier that after reviewing the agreement of several toll concessions, including Lebuhraya Damansara-Puchong (LDP), Cheras Grand Saga Highway, KESAS and Butterworth Outer Ring Road (BORR), the Government is able to 'expropriate' these highways by giving between 3 to 6 months' notice at 'reasonable' prices.

Lets lay out the facts and figures for LDP here.

1. Cost of expropriation

• Cost of Construction: RM1.327 billion 
  (inclusive of capitalised interest as published in Litrak's listing prospectus)
  
  
• Interest to shareholder loans to Litrak @ 12% per annum, if any, net of interest and dividends already paid. Pending further investigation and number crunching, I'm going to assume negligible amount due for this item as all existing loans/bonds are taken from 3rd parties and not from shareholders.
  

2. Government compensation to LDP for 'lower' toll rates:

• Approximately RM628 million as of 2008
  
  
• Annual payments of RM75 million (compensation for lowering the toll rate from RM2.10 to RM1.60)
  
  
• Contract runs to 2028, i.e., 20 more years of compensation to maintain lower toll rates. Assuming continued 'subsidy' of RM0.50 per annum and constant traffic volume, compensation will amount to RM1.5 billion over the next 20 years.
  
  
• Total compensation 'paid' by 2028 will be approximately RM2.2 billion
  

Simple mathematics say that RM2.2 billion in compensation for lowering toll rates is much higher than the cost of expropriating the LDP concession. Even if we were to write off the RM628 million which has already been paid, future estimated compensation of RM1.5 billion alone is sufficient to cover the cost.

The Government cannot then say that they don't have the funds to expropriate the highway(s). If they have the money to pay the compensation, they certainly have more than enough money to pay for the expropriation.

What's more, the compensation rate may increase further after 2016 as the toll rate is scheduled to be increased to RM3.10 then. And after appropriation, the Government can either lower the toll rate substantially and its revenues be used to expand its public transportation infrastructure.

So, what say you, Barisan Nasional?

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MCA Man Fined For Attempted Bribe...

... in Singapore!!

This story certainly had me cracking up!

A Malaysian community leader initially fined S$15,000 (RM36,000) for offering a bribe to a traffic policeman was yesterday sentenced to jail for six weeks following an appeal by the prosecution.

[...]

Rajah added that the jail term meted out to Lim Teck Choon, 56, took into account mitigating factors raised by his lawyer. He would otherwise have been jailed two to three months.

Lim, who has business interests on both sides of the Causeway, is a member of the MCA and the party's deputy chairman in the town of Kampong Jawa in Johor. A philanthropist, he regularly donates money to temples and an orphanage; in 1988, he donated a building for a school.

A traffic police officer caught Lim making an illegal U-turn on Woodlands Road and driving against the flow of traffic for 50m. While waiting for a vehicle to take Lim back to the police station, Sergeant Pah Wenxiang tried to defuse the tense situation by starting a conversation.

Lim told the police officer that he owned a few plantations in Malaysia and knew high-ranking officials.

During the conversation, he abruptly asked Pah in Mandarin: “Why want to do this? Be enemy? You should let me go. We can be friends. Next time you come to Malaysia, I will take care of you. Still got good things.”

He also made a gesture that the officer took as an offer of money.

Read the full story in The Malaysian Insider. ;-)

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RM18 Billion Profit Not Too Much?

Just got this in my mailbox, thought its worth a blog post. Have a read and share your thoughts ;-)

Dear Tony Pua,

I am a Malaysian Chinese businessman. I have read your article about LDP. Why do you think 14.2 times return on capital over 30 years is too much? If you look at the PAT figures, the real profit only comes from Year 2016 onwards.

I think most people look at figures without relative thinking. That means when you see RM18.865 billion, you will think, that’s a lot of money and it is not fair for this money to be given to a single individual, a company or a group of people. The cost is only RM1.327 billion. 30 Years is not that long. And then, do a reverse calculation and finds that the Return on capital is 14.2 times over 30 years. It must be too high!

People who do this type of calculations do not really understand and comprehend the numbers. They don’t know who much billion is. What it can buy and how the money looks like because they never have that kind of money. Only the rich truly understands the number.

Let’s take a look at the numbers where small people can easily understand. Say for example you are 20 years old and you come out with a capital of RM10,000.00 to start a web, consulting, SEO type of businesses. You bought a notebook, a printer, rent a small office, etc. 30 years with 14.2 times return on capital means at the age of 50, you have earned RM142,000.00 with your start up capital 30 years ago. That translate to RM4,733.33 profit per year and RM394.44 profit per month. Now, do you still think the return is really that high?

Not many companies can come out with RM1.327 billion of investment. Even those who have that kind of money many not be too keen to invest since the return is really slow and have lots of uncertainties. For example, DAP in this case, is an uncertainty to them. All countries needs companies to invest money, but you cannot stop them to make money. If DAP continues to stop businesses from making money, and count beans all the time, the economy will continue to fall. Nothing is fair in this world. You and I cannot complain because we do not have RM1.327 billion in our pocket.

Malaysia is really not business friendly anymore. We see government officials constantly saying things like “profiteering, indiscrimatly increase prices, excessive profiteering, unscrupulous traders”, etc. It is as if they are tying to brand businesses as evil. Companies are not supposed to make money, but help the “rakyat”. The economy cycle is still the same. First, companies must be rich. When companies are rich, employees gets more pay and government get more taxes. Companies, employees and government will all spent more in the economy.

But, in order to be politically correct, politicians want government to save money, companies to make less “excessive” profits, but at the same time want the rakyat which are mostly employees to have more disposable income. Do you really think bosses pay employees based on performance? I think they pay employees based on how much profit they made.

Hey, you were the CEO of a listed company in Singapore. I am sure these are no rocket science to you.

[Unsigned]

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We Want Our Highways Back!

In the past, our previous Works Minister, Datuk Seri Samy Vellu will brush off suggestions by opposition politicians to take over the highway concessionaires to relieve the burden of the people by saying that it'll cost the government RM100 billion to take over all the highways in the country. It's a ridiculous figure of course, but you know how Samy Vellu is.

Hence we are thankful to the new Works Minister, Datuk Mohd Zin Mohamed for declassifying the majority of the toll concession agreements for public viewing, which will allow us at the same time to study if it's even feasible for the Government to terminate or take over these concessions. (Although I must say, only 5 persons at a time, up to 1 agreement each time for up to 2 hours is a little impractical).

I had the opportunity to have an early look at the agreement for Lebuhraya Damansara-Puchong (LDP) which cuts right across my constituency, a source of complaints and dissatisfaction among my voters in Petaling Jaya, and those in Puchong to Kepong. After all, we have highlighted previously these cases of highway robberies, and the excessive profits which LDP is making.

My comments on my brief visit this morning has been reported widely in the Chinese press (including the Chinese Malaysiakini) and also The Malaysian Insider.

I'll just add here the terms as per the contract on possibility of the Government taking over the concession. Readers who are corporate lawyers would probably be better placed to add further comments:

Under Clause 25.4 on Expropriation:

Notwithstanding any provision in this Agreement, the Government may [exterminate] this Agreement by expropriation of the Concession Company or expropriation of the Concession at any time by giving (3) months written notice to the Concession Company if it considers that such expropriation is in the national interest.

(You bet it is!!)

And in the event of expropriation, the terms of compensation is as follows under 26.3.2:

(a) the amount (if any) by which the Value of the Construciton Works exceeds the aggregate of the amounts paid or the liabilities and obligations assumed by the Government pursuant to Clause 26.1 and all amounts as at the date of compulsory purchase or acquisition owing to the Government by the Concession Company.

(b) an amount equal to:

1. (i) the amount of interst which would have accrued on the moneys invested in or lent to the Concession Company by shareholders of the Concession Company as if the interest had accrued on such amounts from the relevant dates of payment to the date of payment by the Government on an accural basis of 12%; less
   
   
2. (ii) any net dividends or interest received by the shareholders of the Concession Company
   

In simple terms, my understanding of the above clauses is that

1. the Government can at any time terminate and acquire the LDP highway concession
   
   
2. the Government just have to pay for the "Value of Construction Works" which will include capitalised interest costs (which for LDP as declared in their listing prospectus is RM1.327 billion)
   
   
3. the Government will also have to pay interest of 12% to any loan extended by the shareholders of the concession, net of whatever interest or dividends which have already been paid.
   

The clause looks completely reasonable and given that the LDP concessionaires have to date refused to voluntarily reduce toll rates, the Government should immediately exercise these clauses.

After all, as of 2008, the Government would have already paid toll compensation amounting to RM628 million to date to Litrak, the LDP concessionaire! What's more, the Government will continues to pay RM75 million in compensation yearly til 2016 when the toll rate is scheduled to be increased to RM3.10 (from RM2.10 currently before Government compensation).

Simple mathematics (but we should however, never overestimate the mathematical competence of the BN government) tells you that it's actually cheaper to expropriate the Highway than to continue paying compensation over the next 20 years!! And that doesn't even take into account the fact that besides the compensation received (which is RM0.50 per passing vehicle), the road users still pay an exhorbitant RM1.60 each to sit in the very congested LDP, especially during peak hours!

I've also glimpsed through the above terms for KESAS and Grand Saga highways as well, and they say exactly the same thing! (Will look at more agreements tomorrow)

So please, stop the charade about it being too expensive to take back our highways. It's even more expensive to continue paying compensation to these concessionaires!

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Sarawak: The Next Beach Head

Sarawak started the tsunami wave in 2006 by electing 8 opposition state assemblymen and women, a vast increase from the original 1 sole representative. By 2010/2011, Malaysia will once again focus its attention on Sarawak as it'll once again hold its state elections. DAP will certainly put its best foot forward to carry on the wave of change by winning more seats than the 6 we currently have.

DAP Sarawak is also actively setting up branches with higher bumiputera membership, in part to extend our reach into the rural areas of Sarawak. The following is a recent blog post by our DAP Sarawak state chairman and state assemblyman for Bukit Assek, Sdr Wong Ho Leng on its efforts.

In November 2008, DAP approved the formation of two (2) predominantly Iban branches at Sibu Jaya and Sungai Merah, both in Sibu (Another predominantly Iban branch approved was Bintangor Scheme B).

This morning, members from these 2 branches gathered at the Sibu DAP office to hold their first Annual General Meeting (AGM) and elect the first office bearers.

The small DAP premises was filled to the full by these members. Every chair was occupied. Some members even had to stand throughout the meeting.

More branches will be formed in rural areas in the next few months. The formation of these branches will bear testimony that we are not content to work in the Chinese areas alone and shout for the rural constituencies from outside. We are determined to go rural, and to see improvement in the lives of all races, in particular, the economically besieged and poor Dayaks. These rural areas should have DAP Iban leaders serve them. They should go for change.

Several Iban leaders spoke at the meeting before the election of office bearers. They had one common theme in their speeches – the BN Government has neglected them despite promising the skies. They felt that their leaders have always resorted to threats and intimidation, dissuading them to join Opposition parties. They urged their members not to fear, because their community leaders are paid by the BN to speak for the BN Government. Often, their plights have not been relayed to the Government. Their voices were not heard. Needless to day, their speech were laced with the desire to see change.

Several SUPP and Dayak leaders used to tell me that the political sky-change in Sarawak will take place if the Ibans wake from their bondage to their leaders. These people are poor, and that is an asset to the BN. They hold them by the thread of poverty. They would promise them the sky but will not deliver.

I can see the desire to see change in the mindset of the Ibans. It looks like the end of BN Government in Sarawak is at hand.

In my speech, I said that the Ibans comprise 30% of the population in Sarawak. Though the biggest race, they are the poorest in Sarawak. They face problems not only in their land but also with earning a living in Sarawak. Many of the Iban youths have to leave Sarawak to work in the factories in Johore, Selangor and Penang. It is said that there are 40,000 Ibans working in Johore alone. They are also employed in the factories in Singapore.

Why can't they seek employment in the state of their birth? Why have they to look for greener pastures outside Sarawak?

I said from the bottom of my heart that the Ibans are poor because the BN Government has not looked after them well. With so many years in the Dewan Undangan Negeri, I know that their elected wakil rakyat are happy with the BN Government. As a result not much has changed in the lives and welfare of the Iban communities.

I said that during my time in the Dewan Undangan Negeri, I have not heard the Iban elected wakil rakyat of the BN fighting earnestly for the community, especially in solving the problems concerning the NCR land.

Over the years, we see NCR land taken from the Ibans. Yet, despite their so called involvement in the New Concept of NCR Development, many Ibans have complained that they have not been given their just rewards and dividends.

The Ibans should help themselves by booting out the BN Government in the next state election.

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Spanking New CIQ Johor Bahru?

Ater 41 years of being in operation, the Malaysia-Singapore Causeway checkpoint finally closed its doors at 12.01am on 15 Dec. All activities and its operations moved to the spanking new Bangunan Sultan Iskandar Customs, Immigration and Quarantine (CIQ) complex.

The immigration department director said that “traffic was at a slight crawl as there were some technical difficulties. All immigration personnel have been moved to the new complex, and we expect the new complex will reduce traffic congestion."

But since, the Star letters page have been flooded with non-stop complaints. I'm sure they have received much more rude letters which can't actually be printed as well from commuters. Check out letters "Chaos at new CIQ Complex", "No excuse for chaos" and "Pedestrians have it tough".

And 'Suffered Man' wrote to me to describe the complete failure by the traffic and engineering consultants at the CIQ.

Hi Tony,

I am one of the few hundred thousands of people travelling everyday to work in Singapore. The new CIQ that was operated fully since Tuesday, 16th Dec. have caused a disaster to us.

I feel very very disappointed because our stupid government never study properly on whole building design. The roads lead to the checkpoint are very narrow (2 lines). So it causea bottleneck at checkpoint. Imagine the mouth is so big but the stomach is so small. The traffic at the entrance is so massive but inner ring roads are only two lanes.

Malaysia boleh?  Pic courtesy of The Star Gallery

How do they going to solve this problem? The roads have been built, and seem like there are no ways to expand it. Did they survey properly on the traffic flow before building this CIQ? I think probably NO.

I just think that we are earning foreign currency and brining back to Malaysia to spend, more or less has been helping local economy to go on. We love our country. But did country loves too? What has this stupid government done to us? Those VIP & VVIP come down JB and have a grant opening for CIQ, then left silently without taking care of our suffer here after this.

Please help us to question them in Parliment, how are they going to solve this problems??? If not those VIP & VVIP will 'buat tak tau' and never solve this problem at all.

If you go back to your hometown (Batu Pahat), kindly do pay a visit to this 'luxurious' CIQ.

Your help is much highly appreciated.

Best Regards,
Suffered Man from JB

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Glomac Damansara: Was There Consultation?

Here's a perfect example of why our current local government system is completely screwed up. Let me put it forward very briefly as follows:

• Developer for Glomac Damansara (check out the density for yourself) for Taman Tun Dr Ismail (TTDI) puts up the Development Proposal Notice at the site at the end of 2007. 
  
  
• Interestingly enough, within a few days, the Notice Board gets hidden by opaque fences put up around the development site.
  
  
• SS20 Rukun Tetangga chairperson spotted the notice and quickly submitted a letter to DBKL to object to the project, or at least to have it reviewed before the deadline allowed.
  
  
• However, there was absolute silence from DBKL. I found out about the project sometime in Jun this year after being elected MP for Petaling Jaya Utara, which covers SS20. I spoke to my colleague, the MP for Segambut (which covers TTDI), Lim Lip Eng to follow up with DBKL and check on the status.
  
  
• The project is now at a full-steam ahead pace. The response from DBKL was, SS20 was in Petaling Jaya which is not under its jurisdiction, and hence have no legal basis to submit complaints, despite being directly opposite the old Jalan Damansara road which forms the boundary between KL and PJ.
  

Ridiculous right? Wait til you hear what the Deputy Minister of Federal Territories say in parliament in response to my query (or see Hansard pg 52).

Sebenarnya kawasan saya bukannya di dalam kawasan Wilayah Persekutuan tetapi di sebelah kawasan Segambut, PJ Utara. Saya ingin menimbulkan satu perkara, satu isu yang telah terjadi di kawasan Taman Tun iaitu di kawasan Segambut yang bersempadan dengan kawasan SS20 di kawasan PJ Utara. Ada satu projek yang baru yang tengah dibangunkan di kawasan Taman Tun ini yang bernama Glomac Damansara dan ianya telah diluluskan saya agak pada akhir tahun lalu dan satu papan cadangan telah dinaikkan pada bulan November atau Disember tahun lalu.

Penduduk di sebelah jalan iaitu di SS20 kawasan saya telah pun menulis kepada pihak DBKL untuk membantah ataupun meminta supaya satu dialog ataupun satu penjelasan diadakan sebelum projek ini diteruskan dan dibina di kawasan Taman Tun. Akan tetapi pendedahan yang telah dimasukkan ke dalam DBKL ini langsung tidak diambil kira sebelum projek ini diberikan kelulusan dan projek ini buat masa ini telah pun berjalan.

Apabila saya menimbulkan perkara ini bersama dengan rakan saya dari Segambut ke pihak DBKL, pihak DBKL menjawab oleh kerana pihak pembantah adalah bukan daripada dalam Wilayah Persekutuan, mereka tidak ada locus standi untuk membantah mengenai projek ini.

Saya agak jawapan yang telah diberikan oleh pihak DBKL adalah tidak munasabah dan juga bersikap angkuh terhadap rakyat dan isu-isu yang perlu dipertimbangkan oleh pihak DBKL.

Selain daripada itu, saya juga ingin mendapat tahu adakah pihak DBKL apabila dia meluluskan apa-apa projek di kawasan Wilayah Persekutuan, terutamanya di kawasan sempadan yang bersempadan dengan kawasan lain di Selangor seperti di Petaling Jaya Utara, adakah satu perbincangan diadakan dengan pihak majlis perbandaran yang lain di sebelah itu. Saya rasa sudah ada banyak projek yang telah diluluskan di kawasan sana yang menyeberangi kawasan Taman Tun yang akan meningkatkan trafik di kawasan itu seperti adanya projek Tropicana City di MPPJ dan juga projek-projek yang lain yang bersempadan dengan pihak Taman Tun.

Adakah satu penyeluruhan mengenai traffic flow diadakan, satu study mengenai seluruh kawasan tersebut sebelum satu-satu projek diluluskan sebab projek ini adalah satu mix development, satu projek yang besar dan telah diiklankan oleh pihak pemaju sebagai satu projek yang bernilai RM500 juta di kawasan itu. Penduduk-penduduk yang di kawasan Petaling Jaya saya buat masa ini selalu membuat aduan kepada saya kerana mereka rasa mereka telah dipinggirkan.

...So, saya harap pihak DBKL dan juga pihak kementerian dapat menjawab supaya DBKL akan lebih mengambil kira isu-isu yang akan dibawa oleh semua penduduk di satu kawasan yang tengah dimajukan dan bukan sahaja penduduk-penduduk yang ada dalam Wilayah Persekutuan sahaja.

And the short reply from the Deputy Minister was (pg 89):

Seterusnya mengenai isu yang dibangkitkan oleh Ahli Yang Berhormat Petaling Jaya mengenai bantahan penduduk daripada SS20 berkenaan pembangunan di Lot 73, Jalan Damansara. Bantahan penduduk SS20 telah diambil kira dan Dewan Bandaraya Kuala Lumpur sedang mempertimbangkan dalam permohonan ini. Sesi penerangan telah dibuat bersama penduduk Taman Tun Dr. Ismail dan wakil penduduk SS20 Damansara pada 6 Oktober 2008. Pemaju telah membuat kajian trafik selaras dengan kehendak Jabatan Pengangkutan Bandar Kuala Lumpur.

End of story. Which means that allegedly a consultation has taken place in October this year with not only the residents of TTDI (which I'm unable to verify) as well as with SS20 representatives!

To be frank, I was a little stunned with the reply and didn't pursue the matter further in Parliament that day. After that I met up with the SS20 RT chairperson, and once again, she reaffirmed that there has been absolutely no contact and no consultation with the residents of SS20 since the letter was submitted in December 2007.

So the Deputy Minister has lied and misled the Parliament (which technically is a very serious offence, but we'll never get anywhere pursuing it - BN ministers and MPs does it all the time) and got away with it.

I'll now have to follow up on the matter further but these things really sometimes drive you up the wall as the arrogance of DBKL and the BN government on these issues affecting the people's livelihood are treated with total disdain and disinterest.

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Interfaith Dialogue on Poverty

Pleased to inform that Klang MP Charles Santiago will hold an 'Interfaith Dialogue on Poverty' to highlight the issue of poverty and civil society's effort to deal with it and to encourage inter-religious interaction.

The keynote speech will be delivered by Dr. Hermen Shastri.  The other participating speakers are:

• Islam : YB Khalid Samad (MP Shah Alam), Mr. Ismail Arsat (YDP PAS Klang)
  
• Christian : Father Lawrence
  
• Hindu : Mr. Kanapathy
  
• Taoism : Mr. Wong Boon Chuan
  
• Sikh : Hargopal Singh
  
• Buddhism : To be confirmed
  
• Bahai : To be confirmed
  

The details of the event are as follows:

Date : 20th Dec 2008 (Sat)
Time : 3:00pm – 6:00pm
Venue : MP Klang Community Centre, 2A, Jalan Bayu Tinggi 8/KS6, Batu Unjur, 41200 Klang

 This is an open event, anyone can join and invite others to join.. please call Yap (016-2026300) or Sarah (016-6267797) to confirm your attendance or if you have any queries.

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Local Government Elections?

We have been talking about local government elections for the longest time. We pushed it hard during the last general elections. I know I did. I also know that there are many who have criticised the Pakatan Rakyat state governments as to why such elections have not been held.

There have been many reasons given for the delay, some of which I find very real and valid, others less so. I'll not deal with these reasons on this blog post. Instead, I've finally gotten a reply from the Ministry of Housing & Local Government on my following question with regards to local government elections.

[Petaling Jaya Utara] minta Menteri Perumahan dan Kerajaan Tempatan menyatakan sama ada kerajaan akan membantah ataupun menghalang negeri-negeri yang dipimpin oleh DAP, PKR dan PAS melaksanakan pilihan raya Kerajaan Tempatan yang merupakan ruang lingkup kuasa Kerajaan Negeri. Jika ia, sila memberikan penjelasan yang terperinci.

The answer by the Ministry was essentially to say that the state has no such right as follows.

Untuk makluman Ahli Yang Berhormat, cadangan untuk mengadakan semula pilihan raya kerajaan tempatan adalah tidak selaras dengan undang-undang dan dasar sedia ada. Antara undang-undang yang berkenaan ialah Akta Kerajaan Tempatan 1976 (Akta 171) dan Akta Pilihanraya Kerajaan Tempatan 1960 (Akta 473).

Walaubagaimanapun, sekiranya terdapat cadangan untuk mengadakan pilihan raya kerajaan tempatan, maka selaras dengan peruntukan Perkara 96A Perlembagaan Persekutuan, persoalan dasar berhubung cadangan ini hendaklah terlebih dahulu dipertimbang dan diputuskan di peringkat Majlis Negara bagi Kerajaan Tempatan.

Is it? Is it not? I'm no legal expert but I do know that there's clearly uncertainty over who has control over local government elections. Regardless, it's clear from the answer above that the Federal Government will not support any attempts at local elections at the state government level.

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Biro Tatanegara

I've asked about the racist nature of the Barisan Nasional's propaganda organ Biro Tatanegara and have received a written reply from the Prime Minister's office. I've blogged it here on my Education in Malaysia blog for those interested on the issue. ;-)

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Fighting UUCA Tooth & Nail

Apologies for not having blogged for about a week. Besides a break since November was a record blogging month here, I was tied up with a few things, most notably "selling" dinner tickets as well as parliamentary work, particularly the Universities and University Colleges Act (UUCA) which came up for debate in Parliament on Wednesday last week.

While, the most recent amendments to the UUCA has been passed without amendments late Thursday evening, readers should know (if it's of any comfort) that it was not passed before the representatives from Pakatan Rakyat giving the Minister of Higher Education some serious and often, uncomfortable grilling before it got passed.

At the same time, on behalf of an informal Pakatan Rakyat UUCA committee led by Nurul Izzah Anwar (LEMBAH PANTAI) and input from many academics, I have filed a motion to amend some 20 clauses in 6 sections, to the Amendment Act proposed by the Higher Education Ministry. Short of proposing a new bill, which will never see the light of day in the parliament, attempting to amend a bill which is put forward by the Government is the nearest and best available option to present our version of the bill.

The above is footage by Malaysiakini on a press conference which I gave a summary on the proposed amendments to the UUCA amendment bill.

I will blog on each of the sections which I have attempted to amend at the Committee stage of debate on the Amendment bill separate, as they are really long but most importantly, I will blog on the response of the Higher Education Minister on each of these sections, some of which were a real disappointing disgrace.

And for those who can't wait to read a little of my thoughts on UUCA, feel free to check out my posts on Education in Malaysia.

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