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Showing posts with label civil liberties. Show all posts
Showing posts with label civil liberties. Show all posts

Wednesday 8 February 2017

Penang CM corruption case, Court to rule on motion anti-corruption act 'unconstitutional'

In this file photo taken on 30 June 2016, Penang Chief Minister Lim Guan Eng and business woman Phang Li Khoon was seen in Penang Sessions Court. Lim was charged with two counts of corruption. The High Court here today fixed March 7 to unveil its decision on a motion filed by two accused parties in the corruption case of Chief Minister Lim Guan Eng, who are seeking a declaration that Section 62 of the Malaysian Anti-Corruption Act is unconstitutional. Pix by Danial Saad

Men of law: DPP Masri (right) leading the prosecution team out of the courtroom after the day’s proceedings.

Court to rule on ‘violation’ motion ahead of CM corruption trial

GEORGE TOWN: The High Court here will rule on March 7 whether Section 62 of the Malaysian Anti-Corruption Commission Act 2009 is in violation of the Federal Constitution.

Chief Minister Lim Guan Eng and businesswoman Phang Li Khoon want Section 62 to be declared unconstitutional as they claim it is against the tenet of “considered innocent unless proven guilty.”

Penang High Court judge Datuk Hadhariah Syed Ismail set the date after the defence and prosecution made their arguments.

Lim and Phang are facing charges under the MACC Act in relation to the sale and purchase of a bungalow in 2014 and separately filed the motion to declare Section 62 a violation of the Federal Constitution in early January.

Phang’s counsel Datuk V. Sithambaram said Section 62 must be struck down as “it is contrary to a right to fair trial and is in violation of the fundamental rights of the accused.”

He argued that the section infringes the accused’s constitutional right under Article 5(1) and Article 8(1) of the Federal Constitution.

“Section 62 of the MACC Act requires the defence’s statement and documents, which would be tendered as evidence, to be delivered to the prosecution before the start of trial.

“However, the right of an accused to be presumed innocent and right to silence are encapsulated in the Federal Constitution.

“Article 5(1) declares that no person shall be deprived of life or liberty save in accordance with law and Article 8(1) dictates that all persons are equal before the law and entitled to the equal protection of the law.

“The court has not called for defence and yet the prosecution is asking for the statement of defence, even before the court decides. This is against the presumption of innocence,” he told the court yesterday.

Gobind Singh, acting for Lim, said the provision favours the prosecution and discriminates against the rights of the accused.

He argued that Section 62 restricted the defence of the accused person by excluding the right of an accused to expand his defence further and produce further documents at the trial.

“It is against the provisions of equality under Article 8 of the Federal Constitution.

He also said the accused could be subjected to criminal consequences under Section 68 of the MACC Act for failing to comply with the Act’s provisions and be penalised under Section 69 of the MACC Act.

DPP Masri Mohd Daud said Section 62 of the MACC Act is not discriminatory and is procedural and a general provision.

“The Act does not stop the defence from making further submissions other than those which had been submitted,” said Masry.

“The arguments that Section 62 contradicts Article 5 of the Con-stitution is far-fetched! Article 5 refers to, among others, the rights to consult a lawyer and the rights to be informed of the grounds for an arrest.”

On June 30, last year, Lim was charged with obtaining gratification for himself and his wife Betty Chew by approving the conversion of two lots of agricultural land belonging to Magnificent Emblem into residential development while chairing a state Planning Committee meeting on July 18, 2014.

The offence under Section 23 of the Malaysian Anti-Corruption Commission Act, carries a jail term of up to 20 years and a fine of at least five times the value of gratification or RM10,000, whichever is higher.

He faces another charge under Section 165 of the Penal Code for using his position to obtain gratification by purchasing his bungalow in Pinhorn Road from Phang at RM2.8mil, below the market value of RM4.27mil, on July 28, 2015. The offence is punishable by a maximum of two years in jail or a fine, or both.

Phang, who is charged with abetment, faces up to two years in jail or a fine, or both.

Both Lim and Phang have pleaded not guilty. Their cases will be jointly heard between March and July.

Phang is respresented by Sithambaram, Hisyam Teh Poh Teik and A. Ruebankumar, while Lim by Gobind, Ramkarpal Singh Deo, R.S.N Rayer and Terence Naidu.

By Chong Kah Yuan The Star/Asia News Network

Related:

MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009 - SPRM

www.sprm.gov.my/.../1059-malaysian-anti-corruption-commission-act-2009-act-694
The ACT 694 under the Law of Malaysia, which is also the Malaysian Anti-Corruption Commission Act 2009, received the Royal Assent, gazetted and enforced ...

Penang CM's trial: Court to hear motion anti-corruption act ...

 

Guan Eng and Phang claim trial, bail set at RM1m ... - Malaysiakini

 

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Saturday 28 January 2017

CNY 2017, Xi spreads love, inspires nation ...


- The President's latest appeal for diligence and hard work has sparked heated discussion and spread inspiration and confidence across the ...

中國國家主席習近平2017年新年賀詞(Chinese President Xi Jinping 2017 New Year Address)
https://youtu.be/o4jS9hLiHUQ


President Xi Jinping (pic) struck a warm tone with his annual Spring Festival greeting calling on the whole nation to love their family and friends.

Love should reach to every family and bring warmth to all Chinese like a spring breeze blowing across the nation, he said on Thursday in his speech ahead of the Lunar New Year.

“The Chinese people have always valued love and high morality,” Xi told his audience at the Great Hall of the People in Beijing, which included senior government officials, military officers, renowned artists and ethnic community leaders.

He urged people not to neglect their family, comrades and loved ones, no matter how busy they are with their work. Love means not being hypocritical, not selfish and not outrageous, he said.

“A short greeting of ‘welcome home for Spring Festival’ would warm the hearts of millions of Chinese people,” he said.

Xi went on to wish all Chinese, including ethnic groups, those in Hong Kong, Macao and Taiwan, and those living abroad, an auspicious Year of the Rooster, an animal that symbolises good fortune.

China’s economic growth has remained one of the strongest in the world, and people’s livelihoods have continuously been improved, the president said, before calling on the nation to “roll up our sleeves to work harder”.

Xi said he hopes the people “not only have great dreams, but also show a hardworking spirit to fulfil those dreams”. He added, “The progresses in China’s development are achieved thanks to Chinese people’s diligent work.”

Jin Yanlei, a geography teacher in Dongying, Shandong province, said,

“President Xi has told us to roll up our sleeves to work harder, which I think is important not only for ourselves, but also for the nation, especially at a time when the global economy is sluggish.” — China Daily/The Star/Asia News Network

Malaysia's PM Najib Razak : Chinese New Year TVC 2017

https://youtu.be/8DB9zIlQrh0

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Saturday 14 January 2017

Fighting corruption a decade later; Wars on graft widens

“Power doesn't corrupt people, people corrupt power.” William Gaddis

THE beginning of the year is as good a time as any to reflect upon the direction the country is heading towards.

Ten years ago, Malaysians were just beginning to appreciate the opening up of public space. Then prime minister Tun Abdullah Ahmad Badawi, or more familiarly known as Pak Lah, had taken over in 2003, and then won a landslide victory for the ruling Barisan Nasional in 2004, riding on a wave of public confidence in his commitment to reforming a government that had lost a whopping 14 parliamentary seats in the previous 1999 general election.

What was most distinct about his administration was his promise to clamp down on corruption and therefore empowering the anti-corruption agencies. Related to this was the general change in the sociopolitical air – civil society felt freer and more able to organise public seminars related to various issues previously deemed sensitive.

More significantly, the Malaysian Anti-Corruption Commission (MACC) was established in 2004, an upgraded version of the previously known Anti-Corruption Agency (ACA), with the idea of being a regional hub for anti-corruption capacity and capability building to “fight corruption by promoting best practices in investigation, monitoring and enforcement …”

Modelled after Hong Kong’s Independent Commission Against Corruption (ICAC), it was meant to be a more robust agency now given greater teeth to fight graft in the country.

The MACC did go through significant challenges, chief of which was the incident in 2006 during which political aide Teoh Beng Hock was found to have fallen to his death at the MACC Selangor headquarters in Shah Alam. Embroiled in controversy, the investigations and court cases eventually concluded that it was, in fact, a homicide that took place. Although the police did not eventually find the perpetrator, the MACC as an institution did take measures to improve itself after admitting there were flaws in its system.

One of the reform measures was to set up five independent committees, namely the Anti-Corruption Advisory Board, the Special Committee on Corruption, the Complaints Committee, the Operations Evaluation Panel, and the Consultation and Corruption Prevention Panel. These committees would be tasked to provide oversight to the operations and investigation processes of the MACC, and many individuals of good public standing were appointed to fill these positions subsequently, although these mechanisms did not sufficiently boost public confidence.

Over the last year, the MACC has been in the spotlight for numerous reasons, having investigated 1MDB and other cases related to it, but then later raided by the police for reportedly having leaked documents.

Has the anti-corruption commission that was initially promised to be reformed and strengthened all those years ago instead been eroded and weakened?

The MACC in fact ought to be an independent institution given the resources to fight corruption. But the 2017 budget saw a laundry list of financial cuts, including in investigation and surveillance, law and prosecution, prevention, administrative and forensic services, as well as record and information management, and community education. How is it possible for the MACC to continue functioning with the same expectations but with a much lower budget?

One of the core reforms that some of us in civil society have called for in recent years is an independent MACC that reports to Parliament and has greater autonomy both financially and in hiring and firing its own staff.

The MACC currently reports to the Prime Minister’s Department, which surely is a source of potential conflict of interest. Having a truly independent MACC would allow it to truly exercise its duties in an unbiased fashion without fear or favour.

The new MACC Chief Commissioner, Datuk Dzulkifli Ahmad, recently announced that he wants to combat corruption and abuse of power, saying that “for those who are still intoxicated by bribery, please listen to this warning: stop the corruption and power abuse, and surrender yourself!” In the same speech, he also urged Malaysians to support the agency in its mission. The MACC’s recent action in the Sabah Water Department corruption case is a good sign that it is taking steps in that direction.

However, the MACC simply cannot carry out this task alone. The experiences over the last decade would surely have taught the administration some lessons: that apart from the government it serves, positive public perception is crucial to achieving its goals. Working with, instead of against, the community that it tries to educate is crucial if it wants to seriously fight corruption all round.

This is where independent civil society organisations can in fact come in to support the MACC in its efforts to fight corruption. Other expert bodies like accountants and lawyers can also support MACC’s work as many investigations involve technical and forensic accounting matters. However, the MACC must also demonstrate its willingness to have frank discussions and dialogue with civil society.

The MACC has seen tremendous transformations over the last decade and more, but fighting corruption seems to be even more challenging than ever. It is hoped that it is in these trying times partnerships and collaborations can be forged; all those in favour of fighting corruption – and this must be a priority this year – should surely come together.

- Tricia Yeoh letters@thesundaily.com

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Wars on graft widens


Four officers nabbed for pocketing fees after altering passport applications


The tentacles in the war against graft are spreading wide. Four Immigration officers who listed normal people as disabled, pocketing the RM200 application fee in the process, have been nabbed; a senior official from the Malacca Historic City Council is under probe; policemen who took bribes have been charged; and the Inland Revenue Board has also joined the fray, striking up a partnership with the Malaysian Anti-Corruption Commission. PETALING JAYA: Four Selangor Immigration officers were entrusted to receive and process applications for international passports.

Nabbed: Malaysian Anti-Corruption Commission officers escorting four Immigration officers out from the Shah Alam magistrate’s court after they were remanded for six days.
Having access to the applicant database, they did much more than their job scope.

The quartet would pocket the RM200 international passport application fee received over the counter by “converting” the paid applications to that submitted by OKU (disabled) persons, who are entitled to free passports.

The officers had been pocketing large sums this way since 2014, with about RM1mil siphoned off.

An internal audit exposed the ruse recently.

The Malaysian Anti-Corruption Commission (MACC) raided the Selangor Immigration Department office in Shah Alam at 3.30pm on Monday and detained the four officers, two of them women.

The four suspects were brought to the Shah Alam magistrate’s court to be remanded for six days.

The investigation is under Section 18 of the MACC Act 2009 which involves submission of false claims with intention to deceive.

MACC deputy chief commissioner (operations) Datuk Azam Baki confirmed the arrests, describing the case as “very serious and warranting a very thorough probe.”

“We do not rule out the possibility that such fraud may also be occurring in other Immigration offices all over the country.

“This is not an isolated case and must be addressed,” he said.

An MACC official said the suspects were believed to be involved in the submission of payment vouchers with falsified information.

“The record is altered to show that the applicant is an OKU when he or she is not,’’ the official added.

Immigration director-general Datuk Seri Mustafar Ali said full cooperation had been extended to MACC, and had shared the outcome of its internal audit. - The Star

Four immigration officers held for allegedly pocketing RM1m for falsifying passports


PETALING JAYA: Four Immigration Department front-line officers who are believed to have siphoned as much as RM1 million from the department have been detained by the Malaysian Anti-Corruption Commission (MACC).

The suspects, aged between 31 and 39, include two female officers. They were arrested at the Selangor Immigration Department at 3.30pm on Monday and have been remanded for six days beginning today.

MACC sources said the officers took advantage of a fee waiver for people with disabilities (OKU) by fraudulently classifying normal applicants as OKU and pocketing the RM200 fee on each transaction.

Investigators learnt the suspects have been involved in the racket since 2014 and were only recently exposed after the Immigration Department conducted an internal audit.

The audit team became suspicious when it found a high number of passports issued to OKUs, and initiated a probe.

So far, the status of at least 100 normal passport holders have been found falsely classified as those belonging to OKU, and this is believed to be just the tip of the iceberg, and that there were some 5,000 more cases.

MACC investigators are probing assets amassed by the detained officers and believe such activities may also be prevalent at other passport issuing immigration offices nationwide.

MACC deputy chief commissioner (operations) Datuk Azam Baki said today that an indepth probe on the case is ongoing.

“This cannot be taken lightly as it has caused losses in government revenue. Moreover, it breaches the special privileges accorded to the disabled by the government,” he said.

MACC chief commissioner Datuk Dzulkifli Ahmad said the agency will use every law in existence to prosecute those involved in graft to make it clear that crime does not pay.

"Let me issue a warning ... we will not only pursue prosecution under the MACC Act, but also use the Anti-Money-Laundering Act and the Income Tax Act," Dzulkifli said in a speech at the Inland Revenue Board (IRB) today after witnessing the signing of a corruption-free pledge by IRB – the first government agency to do so after signing the Corporate Integrity Pledge in 2013.

“I urge you to stop immediately or face the consequences,” said Dzulkifli, adding that even if MACC cannot prosecute a corrupt individual, he or she would not be able to escape the IRB.

- Charles Ramendran and Lee Choon Fai Newsdesk@thesundaily.com

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Four policemen charged with corruption

(From top left) A combo picture of policemen Mohd Zulkifly Mat Nor, 28, Jeffry Abdullah, 35, Zainoor Ariffin Rosli, 24 and Muhammad Farid Nordin, 28 when they were brought to George Town Session Court by Malaysian Anti Corruption Commission (MACC) to face corruption charges under Section 17 of the MACC Act.

GEORGE TOWN: Four policemen were charged in the Sessions Court here today with corruption.

Corporal Jefry Abdullah, 35, from the Narcotics Department of the Northeast district police headquarters pleaded not guilty before Sessions Court Judge Roslan Hamid.

He is accused of trying to obtain RM1,000 for himself from Nor Esmawati Baharom as inducement not to take action against the latter’s brother in-law, Norhamni Haron by swapping a positive urine sample during a urine test at the district police headquarters.

He was alleged to have committed the offense at the Narcotics Department office of the Northeast district police headquarters about 4.40pm on Mac 1 last year.

Jefry was charged under Section 17(a) of the Malaysian Anti-Corruption Commission Act 2009 which carries a maximum 20-year prison sentence and fine not less than five times the bribe amount or RM10,000, whichever is higher.

The court fixed bail at RM8,000 with one surety.

In a separate charge, three policemen from the Datuk Keramat police station also claimed trial over a corruption charge.

Muhammad Farid Nordin, 28, Mohd Zulkifly Mat Nor, 28, and Zainoor Ariffin Rosli, 24, with another person still at large were charged with trying to obtain RM10,000 for themselves as an inducement not to take action against Norhamni Haron for possessing ganja.

They were alleged to have committed the offence at the Datuk Keramat police station on Mac 1, last year about 11.45am.

The trio were also charged under Section 17(a) of the MACC Act 2009.

MACC Deputy Public Prosecutor (DPP) Ahmad Ghazali Mohd Nazri suggested bail of RM10,000 with one surety for each of the accused considering the seriousness of the case.

Roslan fixed bail at RM8,000 with one surety for each of them and set Feb 17 for mention.

V. Partiban represented all of the accused.

MACC DPP Amin Yaacub also appeared for the prosecution.

- Imran Hilmy newsdesk@thesundaily.com


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Sunday 1 January 2017

At the end of 2016, no new beginning of 2017... so there must be ...

Successful leader: Lee Kuan Yew has made Singapore economically successful as a result of the purely utilitarian benefit of the rule of the law.

THE descent from globalism to nativism is the defining story of 2016, but the analysis of its cause and projection of the world into 2017 by intellectual custodians of the liberal order are flawed and offer no guide on how to break the fall.

The Brexit vote in Britain in June, the election of Donald Trump in November and the threatening reactionary outcome of elections in France and Germany next year all point to the end of a certain system by which the world has operated, even if what exactly would replace it is less than clear. If the great Western nations of the world change direction, then the rest must.

A broader perspective, however, would recognise the troubles and decisions of 2016 and what might come in 2017 had a gestation period that began at least from the Western financial crisis of 2008, too often called and accepted as the global financial crisis.

What the West continues to grapple with is how to live beyond its means. There was the criminal excess of the banks leading to the 2008 crisis, of course, but underlying it was the ethic of expectation of a certain standard of living, whether or not one worked for it or was productive enough to deserve it.

If you do not have the means to get what you want you have to borrow to get it, unless of course you stole and pillaged. So Western states and individuals kept on borrowing, or the central banks printed money to keep the economy going, which it always did not as the money kept going out where it could be more productively used.

Not a single Western political leader has had the guts to tell their people they had to accept a lower standard of living, that it was time for a great reset. Build up productivity and capacity again. Meanwhile, if you go to the pub, go only once a month. If you shampoo your hair once a week, do it fortnightly. Taking holidays abroad in countries whose people you come to hate when you get home will have to take a rest. If you work only 35 hours a week, as in France, what do you expect?

Did any of this happen? People may lose jobs as they could not compete, but they get state support and they blame others like the migrant European workers who could work, who took jobs they did not want to do.

Immigration becomes the issue. And when refugees pour in who also bring with them the threat, and execution, of terror, an inflection point is reached. Sociologists now analyse this as a threat to identity, which certainly is used in rousing emotions during political campaigns, but there was at least equally a revolt against the economic and social condition those not doing so well in life were in.

They are now so widely called the under-served. In the case of Brexit, there was no doubt the uprising of the Little Englander, but there was also the let-us-just-bloody-well-get-out-and-see-what-happens attitude.

While some in the shires thought like this, I also know of a few non-white working class Brits who voted to get out just on this basis. When I asked one such person in London, who is a chauffeur to an unbearable boss, why he did such an irresponsible act, he tried to justify it by associating himself with the workers in Sunderland of whom he knows absolutely nothing.

The thing is, who speaks to such people? The academics and intellectuals only talk among themselves in an idiom only they can understand. Even after Trump, when they pronounced there has been a great failure to address the under-served – which the President-elect on the other hand did so well – they are still talking to and being clever with one another.

My friend Francois Heisbourg, chairman of the International Institute for Strategic Studies, beautifully describes Marine Le Pen’s appeal to the French: “Donald Trump makes Marine Le Pen sound reasonable.....Everyone knows she’s not Trump – she knows how to use a noun and a verb and is intellectually coherent about what she wants and doesn’t want.”

"What the West continues to grapple with is how to live beyond its means ..."

What, for God’s sake, are the arguments that can be used effectively with the ordinary Frenchman that they can understand and appreciate in favour of the liberal order? Paul Krugman likens what is happening to America to how the Roman Republic was destroyed by individuals disloyal to it serving only their own selfish cause. Pray, how many among the Americans who voted for Trump know, or care, anything about the history of Rome?

The Economist, that great citadel of the liberal order, makes a clarion call for its defence and for liberals not to lose heart. How and what to do? Certainly not by talking to one another. Or by communicating in a language and idiom a lower order would not understand.

With perfect Eurocentrism an English commentator fears the Syrian conflict may turn out to be like the Thirty Years’ War (1618-1648). Has he not heard of the Palestinian struggle which has spawned much of the bloodshed in the Middle East and beyond?

There are three gaping holes in the defence of the “global” liberal order. First there is a blind spot about having to have a lower standard of living unless you earn a higher one. Second, an inability among liberal intellectuals to communicate except among themselves. Third, a reflection on the threat through western eyes only.

The second weakness is endemic. It is a truly global malady.

Intellectuals, whether in the West or Malaysia or anywhere else, should not disdain populism, which is the bad word now in all the commentary on the threat to the global liberal order. They will not stoop so low – as Trump did – to gain support. Well, stoop less low or in a different way. Dirty your hands. Reach out.

We don’t communicate simply, when there are simple terms that convey meaning. We think we are so high and mighty.

Actually if you think about it – and this is especially for the blinkered Western intellectuals – the exemplar of populism, and darned effective with it, is Umno. You may wince at the kris-wielding antics and other forms of political theatre, and you may not agree with some or most of the policies propounded, but you have to admit they rabble rouse their way to considerable support.

Yucks... but that was the yucks that caused Donald Trump to win. You have to get popular support. You do not do so talking to one another from university pulpits, in the parlours of Georgetown in Washington DC, in Hampstead or indeed at the Royal Selangor Golf Club.

"The academics and intellectuals only talk among themselves."

Now, why do Western intellectuals particularly not talk about having to accept a lower standard of living? Well, they too will have to do so. The levels of income of the journalists and professors and consultants actually are very high, and they do a lot of talking outside their paid job for which they are paid more. Can they look the lowly worker in the eye and say you have to be paid less?

There has been an historic transfer of savings from countries with a lower standard of living to those higher so they stay there. As these poorer countries need and want rich country currency – particularly the dollar – for their economic life in their global liberal order, the rich not only get the savings from the poor to sustain their economic life in that global liberal order. They also are able to print money for the extras they might want.

Just imagine if the poor countries started their own so-called quantitative easing (creating more money) as America and the European Union have done. Their currencies would have collapsed and the countries would have been bankrupted. Those at the top of the heap in the West enjoying this privilege of the global liberal order are not likely to want to pull the plug on this cushy arrangement.

"....the rule of law...is the strongest defence and guarantee of individual rights there has ever been in human history."

They would be risking their own interest if they began to start talking to underserved workers in their domestic economy about income levels that can be sustained by actual production – which is what developing countries have to live by, global liberal order or not.

Now the most important main benefit poorer countries obtain from that order is being threatened – their ability and success in producing goods and services which can reach any consumer in open global competition.

Donald Trump is breaking the rules for America because the US cannot otherwise compete. So he wants to protect the American market against better able, more efficient and cheaper producers – the developing countries.

While enjoyment – and denial – of these goods and services is one thing, and while undoubtedly there will in the immediate-term be a rebound of the US economy, who in the medium- and long-term is going to hold Western debt so that the high standard of living in rich countries can continue? They do not save to finance the economy. They do not efficiently produce many of the goods and services they enjoy. They need also to take advantage, through trade and investment, of the real growth in developing regions such as in East and South-East Asia.

Therefore on this score alone – the need for an open and competitive global trading system – there is true convergence of interest in the world. The poorer countries will have to take it, warts and all. And the rich Western nations, with their proponents of the global liberal order, will certainly want to keep it all.

The skewered balance in the global liberal order is sustained by an intellectual convention which is Eurocentric but commanding across the globe. Leaders in politics and thought in non-Western countries only have themselves to blame for this.

"...look forward to 2017 without the colonial mentality which makes us slaves to Western thought."

They accept almost carte blanche what Western liberals submit. Don’t get me wrong. There are so many good things about western liberals and the liberal order.

I don’t think there has ever been in history such a constituency of liberals as there are in the West who would fight for the rights of the victimized and the downtrodden, like refugees, non-whites and Muslims, as there is in the western world today. Even as extreme and violent Muslims blow them up. The adherence to the value of love against hate, and of tolerance against incitement, is of the highest human order.

The other thing developing countries could imbibe from the Western liberal order is the rule of law. This is the strongest defence and guarantee of individual rights there has ever been in human history.

When the laws are applied and enforced without fear or favour, there is faith in the social contract that underlies the polity. This is the main failing of most developing countries, which they would do well to learn from the West, beyond the purely utilitarian benefit of the rule of law that drove Lee Kuan Yew to make Singapore economically successful.

But, despite all this truly profound contribution of liberals and the liberal order of the West, it does not mean we must accept everything from them hook, line and sinker, especially every bit of the analysis of what has gone or is going wrong with the world.

Or the selling of expertise on how to get things right. Their record on that score is poor. We have too many such offerings, in Malaysia for instance, of how to develop our financial system and to train our financial practitioners. We must not be stupid to give money for old rope.

As we go into the new year, we should not be overwhelmed by analyses of what happened in 2016 and why. We must have a clarity and sense of perspective of the causes leading to it. And we must look forward to 2017 without the colonial mentality which makes us slaves to Western thought.

By Munir Majid

Tan Sri Munir Majid, chairman of Bank Muamalat and visiting senior fellow at LSE Ideas (Centre for International Affairs, Diplomacy and Strategy), is also chairman of CIMB Asean Research Institute.


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Monday 5 December 2016

Easy to catch the corrupt if with a catch-all clause to tighten anti-corruption laws


"First of all, the Malaysian Anti-Corruption Commission (MACC) can only compel someone to declare his assets. Once the assets are declared, there is no offence."

"It shall be an offence of any person to lead a lifestyle or possess assets which are disproportionate to his or her declared income."


UNTIL October 2006, few people outside political circles knew him. He rose from an obscure railway gatekeeper staying in a one-room quarters at the railway crossing where he was required to raise the barriers to allow vehicular traffic to flow after the trains had passed by.

By the time theSun front-paged the story on his "meteoric rise" and his "palace" which he had built on land meant for low-cost housing, his positions in the party and as a state assemblyman were hanging by a thread.

The late Zakaria Mat Deros (God bless his soul) gained notoriety for building his 16-bedroom house without even submitting building plans. He had not paid the assessment for 12 years on two low-cost units previously occupied by his large family.

So, last week nostalgia came back when the Ikan Bakar man took journalists on a helicopter ride to show the "palace" of a politician – a divisional youth leader in the opposition.

Preceding this, Crime Watch supremo alleged that the inspector-general of police had himself built yet another "palace" in Mantin.

The accusers in both instances asked the relevant authorities to investigate them alleging that they must explain how they got the money to acquire such property.

This prompted a Facebook user to suggest in jest that he wants partners to start a helicopter service for aerial tours to pick out mansions of politicians. In banter, I offered my services and reasoned that I had a good track record.

Over the years, I have come across several ordinary cikgu who became millionaires after their foray into politics. There are scores of "politically connected people" (to borrow a term that has now become the new mantra for banks and bankers) living in similar luxury.

There are also good people who stepped into the dark side unable to resist their own temptation or that of their wives to lead different lifestyles and keep up with the Joneses. There are some female golfers who even have golf bags to match the colour of their attire.

Then there's the average man who is turned over because he can't make ends meet on his meagre salary and many dependants. But the law does not differentiate between the poor, the middle class and the rich. Perhaps, such a factor could be pleaded in mitigation for a lighter sentence.

I have been repeatedly told that being rich or wealthy does not constitute an offence.

An offence only takes place if the money is obtained illegally – corruption, money laundering, criminal breach of trust, cheating and the like.

Asking the authorities to investigate the source of the money is dangerous territory full of mine fields and cluster bombs.

First of all, the Malaysian Anti-Corruption Commission (MACC) can only compel someone to declare his assets. Once the assets are declared, there is no offence.

Second, if he or she is caught with the cash or money in the bank, a non-acceptable explanation would lead to charges of money-laundering – NOT corruption; not getting assets through corruption; not getting money from illegal activities.

We had the perfect opportunity to put it right when former prime minister Tun Abdullah Ahmad Badawi promulgated the Malaysian Anti-Corruption Commission Act to replace the outdated Anti-Corruption Act towards the end of his tenure.

In the proposals was a clause which stated: "It shall be an offence of any person to lead a lifestyle or possess assets which are disproportionate to his or her declared income."

By the time this legislation was presented as a bill in Parliament, this clause had been removed from the original draft. We were then told that several "warlords" within the system opposed the clause because they themselves would have to account for their wealth!

So, instead of putting the onus on the official suspected of corruption to prove he earned the money legitimately, the prosecution has to prove that he had received a gratification. That is difficult because corruption is a victimless crime. Both giver and taker benefit and one usually will not squeal on the other.

In the absence of such legislation, the prosecution usually files money laundering charges. But the core issue of proving that he or she was a corrupt person through the legal process becomes almost impossible. In such circumstances, it leaves Joe Public's imagination to run wild as to the source of the wealth.

Under these circumstances, shouldn't that catch-all clause be re-visited with a view to tightening our anti-corruption laws? Hong Kong has been successful in its fight because such a clause in its legislation empowers officers from the Independent Commission Against Corruption to serve notice demanding explanations from suspected corrupt officials.

If they fail to provide a plausible or satisfactory account of their wealth, they are prosecuted. A few like-minded lawyer-friends had a discussion on this and came to the conclusion that if this clause is incorporated, our prisons would be overcrowded.

From Citizen Nades - Easy to catch the corrupt by R. Nadeswaran

R. Nadeswaran had the benefit of seeing the "new" legislation before and after it was presented and passed in Parliament. Comments: citizen-nades@thesundaily.com

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