Serian police should be impartial and professional, reminds Chee How

TR Nyalu anak Tampa (left) with four of his anakbiaks after their release from the police custody.

Kuching, Aug 17, 2012: The Serian police have been urged to be impartial and professional when receiving reports lodged by the villagers of Kampung Danau Melikin in Balai Ringin constituency.

Since the beginning of this month alone, four reports have been lodged with the Serian police.

YB See Chee How (centre) meeting the villagers at PKR Stampin Service Centre at Sungai Maong Bazaar.

“All these reports concerned the use of gangsters, who are armed with samurais and spear-like kuan- tows, by two plantation companies to terrorise the villagers,” State PKT vice chairman See Chee How, who is one of the lawyers representing the villagers, told reporters today.

The companies – Malaya-based WFM Plantation Sdn Bhd and Sibu-based United Teamtrade Sdn Bhd –  have been issued with provisional leases by the Taib Mahmud administration over the areas which the villagers insisted are their native customary rights lands.

The villagers have also sighted the gangsters holding what appeared to be a shotgun from a distance.

“As you can see, the police actually did nothing. There was no arrest, from what we know, and the police have not even asking these people (gangsters and the planters) to come to the police station to give their statements,” See, who is also the Batu Lintang State Assemblyman, said.

“Because the two companies are employing the gangsters, the headmen of seven surrounding longhouses held an emergency meeting on July 17, 2012 on what course of action to take,” he said.

Out of this emergency meeting, they decided to lodge a report the following day, telling the police that the gangsters were seen armed with samurais and kuan-tows terrorising and frightening the villagers from the seven longhouses.

“The gangsters actually went to all these villages, threatening the villagers,” See said.

See said that he was sad that the police did not take action on the reports lodged by the police.

“But when United Teamtrade lodged a report, they almost immediately took action by arresting five villagers of Kampung Danau Melikin, including headman Nyalu anak Tampa, close to midnight on Sunday night,” he said.

The five were later released on Aug 15 as there was no evidence linking them to the burning of a bridge owned by United Teamtrade.

See said:”But of course, they are not very happy at the way the police are conducting themselves, and I don’t see any reason why they should be siding the plantation companies.

“The villagers and the villages have been there for a long time while the companies are the trespassers and intruders, and they are employing gangsters to disrupt peace of the area.

“So, the least the police should have done is to call these people for investigation, if not arresting them.

“So, I hope that the police, especially Inspector Mohd Azlan Abdul Wahab, who has become personal with the villagers, instead of conducting the investigation in a more impartial and professional manner,” See said.

He added the people would have more confidence in the police force if they had been impartial and professional.

“The police should have been more concerned with the villagers who are trying to protect their rights and properties from the intruders,” he said.

YB See Chee How (centre) with the villagers and supporters at the PKR Stampin Service Centre.

See said he would file a court action against the two companies as soon as he had all the names of NCR land owners from 21 longhouses in Balai Ringgin.

He said that more longhouses wanted to sue the companies and the government for encroaching into their NCR land.

“Once this is done, I will file another court action to sue the police for malicious and wrongful arrest of five villagers,” he said.  By Sematong Express.

Wan Junaidi supports calls for review of the controversial amendment to Evident Act

Kuching, Aug 16, 2012: Parliamentary deputy speaker Datuk Wan Junaidi Tuanku Jaafar is supporting calls by Umno Youth leader Khairy Jamaluddin and Deputy Education Minister Saifuddin Abdullah on the Najib administration to review the controversial amendment to Evident Act which was passed by Parliament in April and gazetted on July 31.

He said the Act should not have been tabled without getting the feedback from the people.

“The government should have appointed a committee, similar to the parliamentary select committee, to get the views and feedback from people.

“The committee should hold public hearings all over the country, from Perlis to Sarawak and Sabah,” the outspoken Santubong Member of Parliament said at the Media Appreciation Night at a hotel here tonight.

“If you want to have fair and genuine views of the people, then the committee should be allowed to hold public hearings,” he said.

Wan Junaidi said the support given by the Wakil Rakyat does not reflect the true feedback from the people.

“ If you want to have a government by the people, for the people and of the people, then the government should consult them,” he said.

Junaidi claimed that the BN chief whip had given warning to the BN Wakil Rakyat to support the passing of the amendment to the Evident Act.

The amendment was passed by the Dewan Rakyat and Dewan Negara in April this year amid accusations that it was bulldozed through along with other reform laws without proper debate on its repercussions.

Section 114A — otherwise known as Evidence (Amendment) (No 2) Act 2012 — was gazetted on July 31 by de facto law minister Mohamed Nazri Abdul Aziz.

The amendment enables law enforcement officials to hold publishers of websites accountable for seditious, defamatory or libellous postings even if they are not the actual authors of the content.

Those affected include people who own, administer or edit websites open to public contributors such as forums or blogs, people who provide web-hosting services on Internet access and people who own the computers or mobile devices used to publish content online.

This resulted in the “Stop 114A campaign” by the Centre for Independent Journalism (CIJ) on Tuesday which was backed by organisations such as the Bar Council.

The opposition to the amendment dominated miro blogging site Twitter and social networking site, Facebook.

Saifuddin  described the controversial amendment to Section 114A of the Evidence Act as a “hiccup” to Prime Minister Najib Razak’s political transformation programme.

The Umno leader, speaking at a Bar Council forum on the law’s possible threat to internet freedom, said the law was a setback to Najib’s democratic reforms as the Act gives wide prosecution powers to create fear and narrow dissenting space.

Critics of the law claimed the section makes it easy for the government to charge anyone seen “facilitating” what is deemed as criminal comments on the internet even if the comments were made by someone else.

Those supporting the Act argued that the law gives space for the accused to prove innocence although they admit that it does not solve the problem of hacking or fraudulence where criminal comments may be posted by hackers under fake accounts.

The Malaysian government under the Mahathir administration, in an effort to promote the country’s internet communication technology market, vowed to leave internet free as it aims to draw investments into a sector that makes up 4.1% of GDP.

Saifuddin said the amendment may become a threat to the sector.

Ends

Anwar to make major announcement in Kota Marudu in Sabah tomorrow

Datuk Seri Anwar Ibrahim and Datuk Seri Panglima Lajim Ukin joint press conference on Aug 11, 2012 at Grand Continental Hotel in Kuching, after meeting Sarawak PKR leaders and supporters.

DSAI: I was briefing the Sarawak PKR leaders on the current political issues including what are happening in Peninsular Malaysia especially involving Umno and BN. That  was why I have asked Tan Sri Kadir Shiekh Fadzir as well as Datuk Seri Panglima Lajim to come and explain what are the latest development in Sabah.

I am giving attention to the party election machinery and preparation for the upcoming  general election. Datuk Seri Bumburing was unable to come here as he is making preparation for our gathering in Kota Marudu tomorrow.

Reporter: Datuk Seri, what is your feeling towards Lajim and Bumburing?

DSAI: They are committed to the reform agenda and they are committed and supportive of Pakatan Rakyat. In the case of Lajim and Bumburing, given a chance, they will contest under PR banner. Tan Sri Kadir has been touring the whole country in the last few months, explaining why he has to leave Umno and BN. We welcome that. In fact, I have suggested that our party give an avenue for him to speak on issues in Peninsular Malaysia.

Both  Lajim and Bumburing said that Sarawak should be okay, but they said that they should concentrate in Sabah to gain the momentum.

Reporter: Will Lajim and Bumburing be contesting on  PKR ticket?

What we are saying is this. They can contest on the tickets of any of the PR component parties, but there is a big possibility that they will contest on PKR ticket. But in our PR meeting, we agree in principle to accept them in good faith, then give them an opportunity to contest on the ticket of any of the PR component parties.

Reporter: At your last press conference in Kuching, also in this hotel, you were asked about the speculation on Lajim and Bumburing joining PKR and you replied that it was no longer a speculation?

Can you expect anymore Sabah YBs joining your side?

DSAI: You wait tomorrow in Kota Marudu. I am leaving for Sabah tomorrow morning, together with Lajim and Kadir. We will go straight to Kota Marudu. We will expect some important announcement to be made.

Reporter: Is there any one from Sarawak, Datuk Seri, joining you?

DSAI: If you are talking about contact, yes.

Reporter: Any possibility of him joining you?

DSAI: If you know my style, the announcement will be made by him…. it is up to him to make the announcement. I don’t make the announcement. I am not his representative.

Reporter: But the possibility is there?

DSAI: I think knowing the problem, knowing the political and economic problems in Malaysia and Sarawak, there is every reason he should leave BN.

Reporter: Datuk Lajim, why did you decide to join the Opposition now, not before?

Lajim: I have learnt a lot from what I have gathered while serving as a deputy minister in Kuala Lumpur. We want the Federal government to overcome issues and problems raised by Sabah as well as Sarawak.

 But after 18 years of BN rule in Sabah, the changes are not comprehensive or overall. Many important issues which should have been resolved, have not been resolved. These are the responsibilities of the Federal Government. Apart from that, there are also the problems of corruption, abuse of power and internal problems within Umno not being resolved.

 For me and my colleagues, if the party is unable to resolve all these issues, why do we have to wait? Therefore, we need to find a new leadership which can promise something good to the people, not for individuals or my own personal interest, but for the people of Sabah.

That is why I have made the decision to leave the BN and to quit all posts in the party, including as divisional and branch head and an Umno supreme council member. The only one still left is as a member of Umno.

I have received a show-cause letter from Umno headquarters on July 30, and I was given 14 days to reply. I am of the view that there is a high possibility that I will not reply to the letter because I know for sure that they will sack me, anyway.

Reporter: Datuk Seri Lajim, was it a difficult decision for you to leave Umno?

Lajim: Not so difficult if you have confidence in yourself. If you don’t have the confidence and you have certain vested interests, you will be afraid and will face difficulties later. But for me, I don’t have any special vested interest and have nothing to hide. The only interest that I have is to protect the interest of the people of Sabah whom I represent as a member of parliament and as a leader from Sabah.

Reporter: Datuk Seri Lajim, some of your colleagues in Sabah, like those from Umno, who are unhappy with Umno. Are they joining you?

Lajim: (There is a) high possibility, may be tomorrow or may be after Hari Raya.

Reporter: Datuk Seri Anwar, Free Malaysia Today mentioned you meeting Taib Mahmud in Singapore. Can you confirm that?

DSAI: My last meeting with Datuk Taib was in 2004 when I attended an Hari Raya Open House of former Prime Minister Datuk Abdullah Ahmad Badawi in Kepala Batas. I was invited and I came. So that was the last meeting I have with Datuk Taib.

Reporter: Not recently in Singapore?

DSAI: They are free to speculate. That is not true. I was not in Singapore in the last few months and I did not see him there.

DSAI to reporter: Do you suggest that I should see him?

Reporter: Well, if he wants to join your side, why not.” (Followed by laughter). By Sematong Express

Don't be misled by Abang Johari's announcement, warns Baru Bian

Kuching, July 27, 2012: The announcement by Housing Minister Datuk Amar Abang Johari Openg on Monday that two longhouses will be issues with strata titles this year has aroused Sarawak PKR chief Baru Bian's curiosity since he has had a long standing interest in matters concerning NCR land and the issuance of titles for such land.

"Much as I welcome any move to secure the interests of the NCR landowners, there are some questions about this latest development that need to be answered so that all parties are clear on the purpose and the actual benefits and practicality of this exercise," Baru, the State Assemblyman for Ba'Kelalan, said in a statement today.

"The first question I have is whether the strata titles will be issued under the Strata Title Ordinance or under the Sarawak Land Code," he asked when commenting on Johari's announcement.

" It is to be noted that the Strata Title Ordinance applies to buildings five stories and higher. In April 2010, when this matter was brought up, the Land and Survey Department said that the Strata Title Ordinance does not apply to longhouses where issuance of title is concerned.

"Minister of Infrastructure Development and Communication Datuk Seri Michael Manyin was reported to have said that he was relieved that terrace house-style title was proposed instead of strata title and that ‘If it were the strata title, it would create a lot of confusion and dissatisfaction among the longhouse folk’," Baru said.

His second question is whether the banks have been consulted about the acceptability of these ‘bilik’ strata titles as collateral for bank loans, in view of the fact that Abang Johari has announced that individual titles can be accepted as such.

"In the hypothetical situation that a loan was actually taken out with a ‘bilik’ title as collateral and the bilik was put up for auction as a result of non-payment, who would take up the offer?

"Certainly no outsiders would just buy the bilik and move in. The other longhouse inhabitants would also not do so as their adat will not allow it.

"My third question is: Does the issuance of bilik strata titles have any bearing on whether insurance companies are willing to insure longhouses against fire?

"There are many factors which determine if insurance coverage will be given and I would like to know whether possession of an individual title will override other considerations."

Baru said the question of ownership and inheritance of a bilik is a non-issue, as there is adat to provide for this.

"Let us not lose sight of the fact that what is really important to the indigenous people is security of the lands surrounding their longhouses, the temuda, the orchard or fruit groves, pemakai menoa and pulau galau.

"It would be preferable and more meaningful if the Government could issue titles for these lands under s 18 of the Sarawak Land Code to the owners – this would be of real value and would secure the interests of the people.

"Considering the fact that issuance of bilik titles will be of no real benefit to the longhouse dwellers, and taking into account the timing of this announcement, the more cynical amongst us will naturally question the motive behind this exercise.

"The indigenous people must not be misled into an illusory sense of security for political purposes," Baru said.

Chong Chieng Jen asks five questions for SEB to answer

Press Statement of YB Chong Chieng Jen the Member of Parliament for Bandar Kuching and Ahli Dewan Undangan Negeri for Kota Sentosa on 26^th July, 2012

Sarawak Energy Berhad (SEB) and SESCO are accountable to the people of Sarawak on the following 5 questions:

1.         What is the purpose for which SEB establishes the Sukuk Musyarakah facility up to RM15 billion / RM30 billion?  In particular, what are the projected “capital expenditure requirements” which require such large sum?

2.         What are the detail terms for the said Sukuk Musyarakah facility, including period of repayment, interest etc.?

3.         As for the RM5.5 billion loan/bond raised/issued so far, what is the term of repayment and interest payable therefor?

4.         How is the raising/issuance of the RM5.5 billion loan/bond affecting SEB's financial position sepecially the profit and loss after June, 2011?

5.         Is it true that because of such indebtedness and the obligation to repay the loan, SESCO is now going on a rampage to change the electricity meters of its customers and thereafter charging them exorbitant charges?

From a search that I conducted with the Companies Commission of Malaysia, it is revealed that SEB  has created two charges on 13-6-2011, namely

1.         Charge No.18 which is an Assignment of Finance Service Reserve Account dated 13-6-2011 to secure the payment by the Sarawak Energy Berhad (SEB) under the Islamic medium term notes (“Sukuk”) issued under Sukuk Musyarakah Programme of up to RM15 billion in nominal value based on the Shariah Principle of Musyarakah; and

2.         Charge No.19 which is an Assignment of Principal Service Reserve Account dated 13-6-2011 to secure the payment by the Sarawak Energy Berhad (SEB) under the Islamic medium term notes (“Sukuk”) issued under Sukuk Musyarakah Programme of up to RM15 billion in nominal value based on the Shariah Principle of Musyarakah.

On the face of the search result, there seems to be a creation of liability of RM30 billion.  However, in the recent press statement issued by SEB on 18-7-2012, it is stated that SEB has

   “        established a ‘Sukuk Musyarakah’ programme in June 2011 of up to RM15 billion to finance its capital expenditure requirements”

which in other words, has entered into an arrangement to raise a loan facility of up to RM15 billion.

The question at hand now is, whether the two Assignments are to secure ONE Sukuk Musyarakah facility of up to RM15 billion or TWO separate Sukuk Musyarakah facilities of up to a total amount of RM30 billion.

Accepting SEB's press statement as true, ie. both the Assignments are to secure ONE Sukuk Musyarakah facility of up to RM15 billion, it is nevertheless, an extraordinarily large loan facility.

The enormity of the facility amount can be better appreciated when one compares the figure with the Sarawak's State Ordinary Expenditure (both Operating and Development Expenditure) for year 2011 which was only RM3.946 billion and the budgeted Sarawak's State Ordinary Expenditure (both Operating and Development Expenditure) for year 2012 which was only RM3.964 billion. 

The annual expenditures of the Government of Sarawak for the whole state of Sarawak was only approximately RM4 billion.  The total facility raised by SEB is more than 3 times the annual expenditure of the Government of Sarawak.  Any mismanagement of the fund will not only bankrupt SEB but will also put the State of Sarawak under tremendous financial strain and predicament.

As such, it is incumbent upon me to seek the detail of the two Assignments and the facilities for which these two Assignments serve as security.

In compliance with Clause 11 of the Form 34, today, I visited the new Headquarter of SEB at The Isthmus and pay a sum of RM4.00 as the prescribed fee for inspection of the two Assignments.

I have also requested for a copy of all the document executed for the arrangement of the Sukuk Musyarakah facility.

In SEB's earlier press statement on the issue, it was disclosed that out of the RM15 billion Sukuk Musyarakah facility arranged,

“ To date, SEB has issued and raised a total of RM5.5 billion from the programme in two issuances, the first being in June 2011 and the latest in January 2012 ”

which means, SEB has now actually indebted in the sum of RM5.5 billion.

From the record, SEB's annual profit was in the range of RM200 – RM300 million for the years 2008, 2009 and 2010.  These net profits were obtained before the loan of RM5.5 billion was incurred.  These net profits can hardly pay the interest on the RM5.5 billion facility, a fortiori, the principal repayment.  The situation will be much worse if the full RM15 billion facility were utilised or drawndown.

As a company wholly-owned by the Sarawak State Government, SEB has an obligation to answer to the queries of Sarawakians on its operation, especially when the raising of such astronomical debt which may undermine the whole financial position of SEB and implicate the State. 

Afterall, we Sarawakians are financing SEB through the payment of our monthly electricity bills.  Any failings or extravagances on the part of SEB will translate into higher tariffs and charges on us Sarawakians.

Chong Chieng Jen