The Thoughts of Taib Mahmud as revealed in his speech

Chief Minister Tan Sri Abdul Taib bin Mahmud's speech when winding up the debate in the Sarawak State Legislative on Nov 28, 2012)

Sarawak as Energy Producer

Tuan Speaker, we know Sarawak is a major energy producer. It is probably not

on par with the big world producer, but certainly within the context of our population and

our future growth. We have benefited from the development of oil and gas and many

Sarawakians have developed world-class careers as a result. Entire towns like Miri and

Bintulu, in particular, have sprung up because of the oil and gas industry.

It is very clear in the mind of the State economic planners that the energy sector

is a sector that we must strengthen and develop further. Sarawak can become a much

bigger economy, with the availability of energy resources especially if the industrial

sector can be developed more ambitiously. We until now have petroleum and natural

gas. And now, we are going into coal-fired plants and hydro-electric power dams. We

shall also explore biofuels and solar energy in the future, once we are sure of its

economic viability.

Building a Manufacturing Industrial Base

Instead of just exporting our resources abroad, however, we are drawing the

buyers of our resources to do their operations in Sarawak so that more jobs can be

created for Sarawakians in their own country. By this incremental step, we wish to create

a significant manufacturing and industrial base in Sarawak that can generate even more

good jobs and business opportunities to our people in the immediate years ahead.

Attracting investments and investors into Sarawak and creating jobs and

business opportunities are an important step in our development strategy. It is the

inducement of investment and the corresponding build up of talents that we are going to

accelerate the development of Sarawak and equip her to compete effectively with the

rest of the world. We shall build this critical mass on the back of a competitively-priced

energy that is determined predominantly by hydro-electricity power in the energy mix.

Public Discomfort with Big Strategic Move

Tuan Speaker, it is quite understandable that any new idea and strategy is bound

to create anxiety just because it is less familiar and less known. Some people may even

feel uncomfortable with the big strategic moves like building series of dams. It is difficult

to develop Sarawak now with small, small projects and transform areas that are remote

like Ulu Baram, Ulu Kapit. Only big projects can bring about big changes with big

impacts, and although rousing enormous challenges and sometimes a feeling of

uncertainty. At times of impending big changes, many Sarawakians may feel nostalgic

about our tranquil past. But we must march forward to bring changes that benefit our

children and grandchildren. If we don‘t work to build the foundation for the future

generations, then they must spend a greater part of their lives doing what we should be

now doing. I hope that we are not too late.

I am proud that we have been able to produce Sarawakians who are world-class

in their fields of expertise and who rightly are making their contributions in other parts of

the world while we are unable to offer opportunities to develop their talents with

appropriate jobs. They deserve the better reward of very high global salaries.

We have many reasons to be proud of Sarawak and what Sarawak has to offer

to its people to choose to live there. There is a lot of work for all of us to do to develop

Sarawak, to transform Sarawak into a society which can offer prosperity and develop the

talents of our children and grandchildren.

Proposal Not to Develop Out Energy Resources

Tuan Speaker, the call that we don‘t need any more energy in Sarawak is not

really in the interest of our future. This does not take into consideration the fact that the

natural growth of our population estimated to be of four million people by 2030. Purely

relying on the export of palm oil alone will not be able to allow us to maintain the

standard of living of our people at the current level. It will be a short sighted to oppose to

the construction of dams in Sarawak and to listen to outsiders who is really intention

towards our continued development is suspect at best.

Barisan Nasional‘s plan is always to push for Sarawak to continue to grow. The

most assured way to growth is through investments in energy-intensive industries. To

achieve this, we will intensify our efforts to develop our energy resources, especially the

20,000 megawatts of potential hydro-power that we have. With this growth plan, Barisan

Nasional is, in fact, trying to ensure that the people of Sarawak will be able to enjoy a

higher income envisaged our vision 2020.

Because of Sarawak‘s determination to grow, when the First Malaysia Plan was

tabled in this august House in 1965, the late Tan Sri Ong Kee Hui and Datuk Amar

Stephen Yong supported the plan hold heartedly although at that time they were leaders

of opposition SUPP. This subsequently made it easier for SUPP to form coalition

government in 1970 with members of the Alliance and create the beginning of Sarawak

that is more stable and has given progress for us all for the last 40 years.

Wind and Solar Power Alternatives

Tuan Speaker, I am not certain what the DAP and PKR are proposing exactly.

But certainly, they owe it to the people that they should share and support the

development drive for the good of our next generation. Let me explain about other

alternative energy. The cost of construction, modern windmills is higher than hydro

especially when they are planned with a view to give massive energy to mobilize our

industries. There are not many places in Sarawak where there is constant wind blow to

ensure adequate generation of electricity to justify investment into a wind turbine. Solar

pilot projects have been in the last few years installed in selected areas in the rural area,

but so far, many of them are not functioning at full capacity because the sky in Sarawak

is overcast most of the time throughout the year.

Amicable Solutions

Tuan Speaker, implementing big development projects have their difficulties,

many of which are related to peoples understanding. The Government works closely

with the people to try to solve issues in an amicable manner. The Government welcomes

ideas of how to implement big projects better, as well as actual support in terms of

action on the ground in order to speed up the completion of projects. This is what

building dams will entail.

Economic Sabotage

Tuan Speaker, increasingly, we notice that negative actions are being organized

in Sarawak in order to make our position to become one of global attention. A handful of

local organizers seem to land this opposition to get funding from foreigners. Although in

a democracy we are free to accent our wishes I do not condemn systematic campaign

deliberately to discredit individuals and even legitimate government in a wave of lies and

half-truths wrapped around ignorance twisted and logic. Such systematic campaigns

which try to prevent a small developing economy like ours from growing tantamount to

economic sabotage. Patriotic people will find this unacceptable and would even fight

against it.

Tuan Speaker, allow me to make my concluding remarks now. I wish to reiterate

the position of Barisan Nasional that our economic strategy is to have sustainable

growth not economic technician. We shall constantly explore all avenues for our

economy to grow. We have developed with oil and gas, timber and palm oil. Now, our

development strategy is to develope our energy resources and promote energy-intensive

industries. This is because an opportunity has now opened up in the current world

market configuration which allows us to build a niche as part of the global supply chain.

This is also a rare opportunity for us to create good-paying jobs in Sarawak and to

stimulate the business and investment environment in the State.

Opposition to Dams

Tuan Speaker, an opposition to a dam does not mean that the dam should not

be built at all. This is being acknowledged by International Rivers, an international NGO

which apparently has even spread its tentacles to Sarawak. Their biggest requirement is

that the information pertaining to the project should be verified by so called independent

experts. Basically, they want to enforce transparency of the process by which the project

is being carried out. We have no quarrel with that. But, we have quarrel with such basic

mistrust of established government processes developed over the years by people with

unimpeachable integrity in the civil service... (Interruption)

Tuan Speaker: Yang Amat Berhormat, are you taking point of clarification from Kota

Sentosa?

Ketua Menteri (Y.A.B. Pehin Sri Haji Abdul Taib bin Mahmud): Okay. I hope it is a

sensible one.

Y.B. Encik Chong Chieng Jen: Thank you, Tuan Speaker. Thank you, Honourable

Minister. Yang Amat Berhormat Chief Minister, one question because we are going

towards the conclusion, concluding remarks. I post the question on the contribution

towards agencies approved by government which for next year is RM1.8 billion and

according to a written report, a written reply to my question before, companies,

organisations approved by your good self but your Second Finance Minister could not

answer me on the recipients of these amounts. So, may you, Yang Amat Berhormat

Chief Minister, can you enlighten us the list of the recipients of this RM1.8 billion

contribution towards agencies approved by government. Who are they? And all these

past years, who are the ones who have received these funds?

Tuan Speaker: Okay.

Menteri Kewangan II dan Menteri Kerajaan Tempatan dan Pembangunan Komuniti

(Y.B. Dato Sri Wong Soon Koh): I have answered the question.

Ketua Menteri (Y.A.B. Pehin Sri Haji Abdul Taib bin Mahmud): I am not sure which

one, RM1.8 billion. Is it federal projects or state projects?

Y.B. Encik Chong Chieng Jen: It is under the item, under the Development

Expenditure of the budget, of the state budget. Under the item Development Budget,

Development Expenditure Public Finance, there is an item Contribution Towards

Agencies Approved by Government. And I have been asking who are these agencies

approved by the government. All these while the Second Finance Minister...

(Interruption)

Tuan Speaker: Okay, alright, ok.

Y.B Encik Chong Chieng Jen: The Second Finance Minister gives me a very big

answer and could not produce the recipients... (Interruption)

Tuan Speaker: Okay, clarification ... (Interruption)

Ketua Menteri (Y.A.B. Pehin Sri Haji Abdul Taib bin Mahmud): No problem, no

problem, Tuan Speaker. This is the normal practice. We have approved many budget

even before Yang Berhormat were elected by the same methods. All these are

provisions of money. Who is going to get it, depends on their programme, on the

submission to the Finance Department, to the Federal Government, to the State

Government, as for what projects. And then, that is the only time you can question

because it is not determined yet. We are approving a project. We are approving a

budget, not project.

Tuan Speker: No, no, no. It has been answered. Okay. Now ... (Interruption) (Inaudible)

Ketua Menteri (Y.A.B. Pehin Sri Haji Abdul Taib bin Mahmud): You better, Tuan

Speaker, with due respect, the Honourable Member should not dwell on generalities.

Why doesn‘t he go through all the government records and the details on how the

projects are allocated, otherwise you are shooting in the dark. No. My advice to you is to

go and ask specific questions about what projects it goes to. Otherwise, I will say that

you are dwelling on generalities because of ignorance, I‘m sorry to say.

Menteri Kewangan II dan Menteri Kerajaan Tempatan dan Pembangunan Komuniti

(Y.B Dato Sri Wong Soon Koh): Tuan Speaker... (Interruption)

Ketua Menteri (Y.A.B. Pehin Sri Haji Abdul Taib bin Mahmud): Okay, Tuan Speaker,

I will not sit down for this Honourable Member... (Interruption)

Tuan Speaker: Okay.

Ketua Menteri (Y.A.B. Pehin Sri Haji Abdul Taib bin Mahmud): Because so far he

has not given me an equal standard of debate that I‘m giving to

him...(Interruption)(Inaudible) Not giving an answer. No, that doesn‘t matter. This

including probably out of politeness to show how much ignorance there is in the

preparation of their questions and your debate.

Tuan Speaker: Honourable Member for Kota Sentosa ... (Inaudible) Okay. Yang Amat

Berhormat, please proceed.

Ketua Menteri (Y.A.B. Pehin Sri Haji Abdul Taib bin Mahmud): Tuan Speaker, I won‘t

give way with nonsense now. But the fact is, that the dams are necessary are

necessarily for survival of our modern economy, wherever there are rivers available.

According to the International Commission on Large Dams, there exist in the world as

many as 48,000 dams which are higher than 15 metres. Any artificial structure across a

waterway is called a dam including a barrage.

Hydro dams have the advantage as a cheaper source of energy, as the costs of

the operation is low compared to other source of producing electricity. Dams serve

multiple purposes, including flood control, water irrigation, water supply and shipping

navigation. Most developed countries of the world have pumps. They are more benefit

from dams which they did not despair in the form of opening up of tourists destinations.

On top of this, the development of tourism can be further top of at the later part of

SCORE programme in the future.

About 1,600 dams are being built around the world today, mostly in China,

Turkey, Iran and Japan. Developed countries had daily phase of development which

involved the building of quite a lot of dams.

Dams in SCORE

Tuan Speaker, for SCORE, we have already established a plan to develop

hydroelectric power projects and we shall carry them out in order to make SCORE a

success. We will build the projects whenever there is sufficient market demand. This

energy development road map is important because it provides Sarawak with a certainty

in our future economic direction. We need this certainty to plan ahead our required

infrastructure. We need this certainty in order to enable business people to plan ahead

their investments. We need this certainty in order to enable our young people to decide

their future careers in Sarawak. Sarawak… (Interruption)

Tuan Speaker: No, no, no, please proceed.

Ketua Menteri (Y.A.B. Pehin Sri Haji Abdul Taib bin Mahmud): Okay, I give you the

chance.

Tuan Speaker: You are making what? Clarification or what?

Y.B. Encik Wong King Wei: Clarification. Yang Amat Berhormat has gives way. Yang

Amat Berhormat, I understand that state government has put the state towards this

heavy industrial biased development and the SCORE has been in the progress. For the

economy purpose, you said this is a must for Sarawak but this is treat mental to the

environment. Why not tourism? Why not tourism? I want to know the answer.

Ketua Menteri (Y.A.B. Pehin Sri Haji Abdul Taib bin Mahmud): I don‘t need to reply

that question. It is just obviously a gap in a perception how to plan an economy the

Honourable‘s answer. Alright. No more. I don‘t want to give way.

Sarawak Social Environmental Impact Assessment (SEIA) Process

To demonstrate our seriousness in ensuring that our hydro dam projects are

done properly, we have established our Sarawak SEIA Process which is an adaption of

the key elements of international guidelines to Sarawak conditions.

No way do the international guidelines ever try to over-ride the sovereignty of any

nation state. This is regarded as interference in domestic affairs. A fundamental

component of good relationship among nations. The laws and regulations of a nation

state is always the key to preserve order and partnership in world trade. Compensations

therefore, are made not according to a world standard which is impossible to implement

with because of the differences in degree of prosperity what can be afforded from nation

to nation. Therefore, to be decided on what we can afford.

One of the key elements of the international guidance as per the UN Declaration

of The Rights of Indigenous Peoples is the rights of the indigenous people to land and

land-based activities. This is respected and reflected in the action we take in the

resettlement exercise. In the case of the Murum resettlement, land is provided for every

household. Houses and roads are built for them so that they and their children and their

grandchildren can benefit from this development. Generally speaking, people resettled

will normally end up better than before they were resettled. In our system of

implementation and that because we can afford better now than in the days for Batang

Ai.

The key element of the Equator‘s Principles is that there is a process of

consultation with the directly affected communities. In the case of Murum, we have held

regular consultations with the directly affected communities. Some NGOs may, however,

refused to be full recognition of this. In other words the process of resettlement in

Sarawak is probably among the best what we can find in the whole region.

Our Future

Tuan Speaker, it is the resolve of the majority of our people that we should

continue to develop Sarawak through SCORE. As we develop our industries, we shall

also transform our rural communities in the interior.

I call upon all our Sarawakians to work together to build and push our State to

the next step of economic development with agriculture and manufacturing industries

powered by the abundance of stable-priced energy, and serviced by a vibrant services

sector, mostly undertaken by the private sector.

Sarawakians can define our own standards and work hard together to gain our

niche in the world economy and uplift our future generations through better quality of

jobs which is the results of our continues development efforts.

Speaker knocks out three private members' motions tabled by the Opposition

Nov 20, 2012

Speaker Datuk Amar Asfia Awang Nasar guns down three private members’ motions tabled by the Opposition.

Tuan Speaker: Ahli-Ahli Yang Berhormat, I had received a motion dated 8th November,

2012 from the Honourable Member for Meradong. I shall now call upon Honourable

Member to read out the motion.

Y.B. Cik Ting Tze Fui: Thank you, Tuan Speaker. My motion read as follows.

Whereas:

(i) The Automated Enforcement System (AES) has been highly controversial

since its introduction;

(ii) Upon the full operation of the AES in Malaysia, a total of 831 AES

cameras are to be set up nationwide and among which 28 are in

Sarawak;

(iii) Traffic enforcement system should remain within the government‟s

domain but the project is outsourced to two private companies thereby

making the AES a project motivated by profits and not road safety;

(iv) The first phase of the AES implementation in Semenanjung Malaysia has

exposed its inherent shortcomings and defects such as AES

implementation in low-speed stretches of road which is impractical, the

likelihood of innocent car owners/motorists being penalized in the case of

stolen vehicle(s) or fake number plate(s) fraudulently used by others;

(v) The public and politicians especially Parliamentarians from both the

Government and Opposition had expressed their disapproval to the

implementation of AES.

Wherefore it is moved:

(i) The State Government rejects the outsourcing of the implementation and

operation of AES to two private concession holders;

(ii) The State government defers to implementation of AES pending further

study, consultation and the proper rectification of its inherent defects or

weaknesses especially in the manner of its implementation in low-speed

stretches of road in Sarawak so that Sarawakians shall not be penalized unfairly.

Tuan Speaker: Ahli-Ahli Yang Berhormat, this is my ruling.

(1) The fact that the law on the Automatic Enforcement System (AES) had been

tabled, debated and approved in the Dewan Rakyat conclusively proves beyond

any shadow of doubt that the law in question and its implementation thereof is

within the preview and jurisdiction of the Federal Government. This is in tandem

with the Federal further Constitution 9th Schedule (Article 74-77) Legislative list,

list 1 –

(a) Federal List Number 6 (g) the Federal Public Authorities;

(b) Federal list Number 10 - Regulation of traffic by land, water and air are on

rivers outside harbor areas wholly within one state.

The subject matter in regulating traffic by land comes within the ambit an authority

of federal public authority, the Transport Ministry of Malaysia.

(2) The stand taken by the State Government on the subject matter is summed up

by a memorandum dated 13th November 2012 by the Kementerian

Pembangunan Infrastruktur dan Perhubungan Sarawak as follows:

(i) AES is a system that uses technology to enhance enforcement. Its

primary objectives are to reduce road accidents and improve road safety;

(ii) The localities for AES were based on study and research by MIROS

(Malaysia Institute of Road Safety Research);

(iii) The Ministry of Transport Malaysia (MOT) and JPJ Malaysia are

responsible for the implementation of AES;

 (iv) According to JPJ Sarawak, JPJ Malaysia will officially inform and brief the

state and respective road authorities agencies prior to the implementation

of AES in the state; and

(v) Unless and until the state has been officially informed and briefed on the

implementation of AES in the state, it is premature to discuss the subject.

That‘s the end of the memorandum.

(3) The motion dated 8th November, 2012 in the name of the Honorable Member of

Meradong by its own admission acknowledges that the subject matter raise is

within the jurisdiction of the federal government.

Paragraph 1 of the preamble: quote ―The Automated Enforcement System has

been highly controversial since its introduction‖. This is an admission that it was

introduced by the federal government.

Paragraph two of the preamble ―Upon the full operation of the AES in Malaysia, a

total of 831 AES cameras are to be set up nationwide and among which 28 are in

Sarawak‖. This is an admission that the federal government will implement it

throughout the nation.

Paragraph three of the preamble ―Traffic enforcement system should remain

within the government‘s domain but the project is outsourced to two private

companies thereby making the AES a project motivated for profit and not road

safety‖. This is an admission that traffic and road safety are federal matters.

Paragraph four of the preamble. ―The first phase of the AES implementation in

Peninsular Malaysia has exposed its inherent shortcomings and defects such as

AES implementation in low speed stretches of road which is impractical, the

likelihood of innocent car‘ owners motorists being penalized in case of stolen

cars and so forth‖. This is an admission it is a federal subject.

Paragraph five of the preamble ―The public and politicians especially

Parliamentarians from both the Government and Opposition had expressed their

disapproval to the implementation of AES‖. This is an admission as a federal

matter.

Even the resolution of the motion which reads that it is the implementation in low

speed stretches of road in Sarawak is a federal matter. Speeding on the road is

within the authority of the police and JPJ.

Under Standing Order 23 (6) ―No motion relating to a matter contained in the

Federal List shall be in order‖.

Standing Order 32 (10) (c): ―It shall be out of order to use words which are likely

infringe the Federal Constitution and in this case, the 9th Schedule, (Article 74,

Article 77) of the Federal Constitution. Based on this grounds that I mentioned,

this motion is dismissed.

Y.B. Cik Ting Tze Fui: Y.B. Cik Ting Tze Fui : Tuan Speaker. As a matter of fact, I

think our PR Pakatan Rakyat State Government in Penang and Selangor, they are

already making decision to revolve the implementation of AES in the state but how

come, why our Sarawak State Government cannot follow suit and make the same

decision like our Pakatan Rakyat government in Semenanjung? Because this matter on

implementation of AES is concerning all the motorist in Sarawak and it shows how State

Government is concern about our public interest in this matter.

Tuan Speaker: If you are dissatisfied with my ruling, you can file in a substitute motion.

Sarawak is a Barisan Nasional State, it‘s not an opposition state. It does not intend to

put up constitutional administrative barricades to impede the implementation of this. I

shall now move to the next motion. No, you can file this in substitute motion if you are

dissatisfied in my ruling.

Tuan Speaker: Ahli-ahli Yang Berhormat, I had received a motion dated 8th November,

2012 from the Honorable Member for Bukit Assek. I shall now call upon Honourable

Member for Bukit Asek to read out the motion.

Y.B Encik Wong Ho Leng: Thank you, Tuan Speaker. This is my motion on the hydroelectric projects in Sarawak.

1. The forced resettlement of the indigenous peoples for the Bakun dam has

caused them loss of livelihood, cultural heritage and farmlands;

2. The proposed 12 hydroelectric projects in Sarawak will have similar

effects, including irreversible destruction of ecosystems and indigenous

farmlands, cultural system, local histories and knowledge and a great loss

for all Sarawakians;

3. Sarawak already has excess power supply from Bakun and there is no

necessity to build more dams for SCORE and for aluminum industries

therein which induce pollution and are health hazardous at the expense of

the expense of the environment and her people;

4. The affected indigenous peoples of Sarawak have not been meaningfully

consulted on the united nation declaration of our rights on native people

on the proposals to build the existing and proposed 12 HEP, and the land

acquisition, resettlement and relocation process for dam-building have

been non-transparent and detrimental to the peoples‟ well-being.

I move that this Dewan reseolves that the State Government:

1. Cancel all plans for the construction of the 12 proposed hydroelectric

projects;

2. Establish a reparation process for Bakun-affected communities both in

Sungai Asap and in upper Balui to address al outstanding issues

including unfair compensation, substitution of lost farmlands, livelihood

and welfare matters. These are matters the Honorable Member for Land

Development is very familiar;

3. Develop alternative renewable energy, for example, micro-hydro dams,

solar, wind-power, bio-waste materials etc. instead of resorting to

dynamism and building mega-dams; and

4. To stop heavily polluting industries into the state, including aluminum

smelter and fero-alloy plants.

Tuan Speaker: Ahli-Ahli Yang Berhormat, this is my ruling.

Y.B. Encik Wong Ho Leng: I thought it can be allowed.

Tuan Speaker: In the 1st preamble of the motion it is expressly stated that ―The forced

resettlement of the indigenous peoples for the Bakun Dam has caused them loss of

livelihood, cultural heritage and farmlands.

This is repeated in the 4th preamble that ―the land acquisition, resettlement and

relocation process for dam-building have been non-transparent and detrimental to the

peoples‘ well-being.

This is reiterated in 2nd resolution of the motion ―to address all outstanding issues

including unfair compensation, substitution of lost farmlands, livelihood and welfare

matters.

Right now, there are twenty-two (22) cases that have been fixed for hearing in

the Session Court to be heard in January 2013. These 22 cases are in connection with

cases on land compensation as a result of land acquisition on the Bakun Dam.

As these cases are pending for hearing whether in the court of first instance or

appellate, the subject-matter brought by the motion is therefore sub-judice.

Under Standing Order 20 (1) (g): ―A question shall not be so drafted as to be

likely to prejudice a case under trial or be asked on any matter which is sub-judice.‖

Under Standing Order 24 (4) (b): ―If the Speaker is of the opinion that any notice

received by the Secretary infringes any Standing Order or is otherwise out of order, he

may direct that it be returned to the member who signed it as being in his opinion out of

order.”

Under Standing Order 32 (11): ―If the Speaker is of the opinion that any motion or

amendment or the continuance of the debate thereon is calculated to give rise to

breaches of this Standing Order, he may disallow the motion or amendment or, as the

case may be, may terminate the debate and direct that no further proceedings be taken

on the motion or amendment.”

This ―sub-judice rule as it is called is spelt out clearly in Erskine May

Parliamentary Practice pages 364-365, ―If the subject-matter of the question is found to

be, or becomes, sub-judice after notice of the question has been given, the Member is

asked to withdraw it, or the Speaker may direct it to be removed from the notice paper or

refuse to allow it to be asked if it is on the Order Paper. ―Questions which reflect on the

decision of a court of law are not in order.

This principle is repeated on page 396: ―The House has resolved that no matter

awaiting or under adjudication by a court of law (including a coroner‘s court or a Fatal

Accident Inquiry) should be brought before it by a motion or otherwise.

This motion raises numerous issues and side issues as follows:-

(1) Forced settlement of the indigenous people‘s for Bakun;

(2) Loss of livelihood;

(3) Loss of cultural heritage;

(4) Loss of farmlands;

(5) Proposed 12 hydro electric projects;

(6) Irreversible destruction of ecosystem;

(7) Loss of history;

(8) Loss of knowledge;

(9) Loss for Sarawakians;

(10) Dams for SCORE;

(11) Alluminium Industries;

(12) Reparation process for communities in Sungai Asap & Upper Balui;

(13) Alternative renewable energy e.g. micro dams, solar, wind power, bio

waste materials;

(14) Heavily polluting industries including aluminium smelter & ferro alloy

plants.

The motion raised 14 issues and policies for the government to address. The

question of issues and policies are crammed into one motion.

According to Erskine May Parliamentary Practice (page 365): ―Questions are also

inadmissible which seek the solution of hypothetical propositions, raise questions of

policy too large to be dealt with in an answer to a question; seek information on matters

of past history for the purposes of argument; are multiplied with slight variation on the

same point; or are trivial, vague or meaningless.”

This campaign rule is repeated on page 399 which reads: ―The Speaker has

applied to motions the campaign rule which lays down that questions are inadmissible if

they are multiplied with slight variations on the same subject. Based on these grounds

the motion is dismissed.

Y.B. Encik Wong Ho Leng: Tuan Speaker, you murdered the motion and they are

blooding. How can I be? Anyway, I just have a few words to say Tuan Speaker. Now if

there are 22 cases being scheduled for hearing in January 2013 and the issue cannot be

raised, I think Tuan Speaker, you got it wrong. My motion pertains to the proposed HEP,

that‘s one. Number two, in the view we are talking about the issue on Bakun dam. The

Bakun dam, the subject matter of delegation concerns also NRC land. In the event that

you are going to disallow this motion on ground, that it is too lengthy, in the event that it

is a conglomeration of different, a lot of issue inside that.

Tuan Speaker: I have given my ruling.

Y.B. Encik Wong Ho Leng: Tuan Speaker, we were disallowed… (Inaudible) We

should be allowed talking about NCR land issues as well.

Tuan Speaker: I have given my ruling.

Y.B. Encik Wong Ho Leng: Yes Tuan Speaker, over time we have been allowed to talk

about NRC land issues. Number three, Tuan Speaker on the issue of hypothetical

question, this is nothing to do with hypothetical question. This is the motion. A proper

motion in this Dewan.

Tuan Speaker: Okay, I have given my ruling. There a two rules. The sub-judice rule

and the campaign rule. The campaign rule is that questions are in admissible if they are

multiplied with slight variations on the same point. Okay.

Ahli-ahli Yang Berhormat, I have received a motion dated 8 November 2012 from the

Honorable Member for Kota Sentosa. I shall call upon the Honorable Member for Kota

Sentosa to read out his motion.

Y.B. Encik Chong Chieng Jen: Thank you Tuan Speaker, I think there is a typo error

by this secretariat in respect of my motion, line three, the third word on line three, the

quote ―Sarawak has lost but it has been type as ‗lot‘ which doesn‘t make sense.

I‘ve checked with my record.

Tuan Speaker: Sarawak has lost....

Y.B. Encik Chong Chieng Jen: lost...LOST, I‘ve checked with my record, my motion

actually typed LOST but I think the secretariat has made the typo error, I would like to

amend .. my motion, just for the record.

Tuan Speaker: Okey

Y.B. Encik Chong Chieng Jen: Before I read it Tuan Speaker, are you gonna act as a

Minister concerned to answer my motion. Or you leave it to the Minister.

Tuan Speaker: The Minister to answer your motion, but it is not being debated yet.

Y.B. Encik Chong Chieng Jen: You have been so well learned... so well learned in

all the field as seem you are the Minister for all the subject that is raised.

Tuan Speaker: I have to see whether your motion is in order or not...you may proceed.

Y.B. Encik Chong Chieng Jen: I was impressed by your ability Tuan Speaker. Alright,

I am going to my motion..

Tuan Speaker: Okay, proceed.

Y.B. Encik Chong Chieng Jen: My motion read as follow: Whereas an internationally

renowned publication, The Economist (November 3rd 2012), has reported that:

―Sarawak has lost more than 90% of its ‗primary‘ forests to logging and has the fastest

rate of deforestation in Asia. Sarawak has only 0.5% of the world‘s tropical forest but

accounted for 25% of tropical-log exports in 2012‖

And whereas the State Government‘s claim that 60 – 70% of Sarawak forest remains

intact does not tally but contradict with its claim of exporting the world‘s 25% tropical log

and 50% of tropical plywood and also contradicts the satellite images captured by the

Greenpeace World Resources Institute in year 2010 which revealed that Sarawak now

has less than 55% of its intact forests remaining.

And whereas such disproportionely high rate of logging not only calles to question the

Sarawak Government‘s integrity and the sustainability of the logging industry in Sarawak

but also results in serious adverse environmental and social impacts to the locals.

And whereas the State Government‘s policy in allowing the exportation of log has

deprived the local wood-based downstream industry of their raw materials.

Wherefore it is resolved:

1. An independent internationally recognised auditor be appointed to survey

and carry out a full inventory of Sarawak‘s forest estate;

2. An inquiry be made into the integrity and the sustainability of the logging

industry in Sarawak; and

3. The Sarawak Government do immediately prohibit the export of timber

logs from Sarawak.

Tuan Speaker: Ahli-Ahli Yang Berhormat, this is my ruling.

(1) The foundation & substratum on which this motion is built lies in its opening

preamble which reads:

“Sarawak has lost more than 90% of its „primary‟ forests to logging and has

the fastest rate of deforestation in Asia. Sarawak has only 0.5% of the

world‟s tropical forest but accounted for 25% of tropical-log exports in 2010.”

This motion took a leaf out of the article published by a London-based magazine

―The Economist‖ dated 3rd November 2012.

In the same article this statement is contradicted and refuted by HSBC which

stated that ―it is not accurate to state that its clients are in violation of its

forestland and forest-products policy. It said current data show that 99% of its

forest-sector clients worldwide are compliant or near compliant with its policy‖.

Under Standing Order 20 (2) (i): ―Without prejudice to paragraph (1), every

question shall not be asked to verify statements in the press or private individuals

or bodies are accurate.‖

This rule applies to 1st preamble of the motion which refers to a report by a

magazine and 2nd preamble which refers to satellite images by Greenpeace

World Resources Institute.

Erskine May Parliamentary Practice page 361: ―Questions asking whether

statements in the press, or of private individuals, or unofficial bodies are accurate

or asking for comment on statements made by persons in other countries (unless

the statement is a message from one government to Her Majesty‘s Government)

have been ruled out of order.

To allow the motion to proceed would be in breach of Standing Order 32 (11).

Standing Order 32 (11): ―If the Speaker is of the opinion that any motion or

amendment or the continuance of the debate thereon is calculated to give rise to

breaches of this Standing Order, he may disallow the motion or amendment or,

as the case may be, may terminate the debate and direct that no further

proceedings be taken on the motion or amendment.

2. The motion relies on the article from a foreign magazine and a Greenpeace

organisation. The reports have not been independently verified and confirmed by

internationally recognised organisations that have internationally acclaimed

expertise on timber logging like The International Tropical Timber Organisation

which specialises in tropical timber, and not temperate timber.

The report has not been verified by our own legally established body on

environment, established under the National Resources and Environment

Ordinance (Cap. 84) or by the Department of Environment Malaysia.

To allow a motion based on foreign reports not independently verified and

confirmed by International Authorities on Timber Logging would set a dangerous

precedent and open up a floodgate to countless motions based on unverified

foreign reports made in far away foreign lands.

This would inevitably promote susceptibility and gullibility among members of the

public that unverified foreign report can be accepted without question lock, stock

and barrel, and unverified satellite images be swallowed hook, line and sinker.

Even the world renown BBC a British Broadcasting Corporation in the words of

its newly appointed Director General committed ―basic journalistic failings

following the resignations of its former Director General and key officials after

publishing fake and false report on a politician in a child abuse case.

The BBC is now under investigation in the cover up of the Jimmy Savile sex

scandal.

We have to be mindful of unofficial unverified foreign reports from foreign press which

have no forests in their own countries, but at the same time preaching to us with pious

platitudes to us on how to look after our own forests. The decision and ruling by Yang

Berhormat Tan Sri Speaker of the Dewan Rakyat on the ―SCORPENE case are

germane.

The learned Honourable Speaker rejected in Chambers and motion by

Honourable Member for Lembah Pantai, Nurul Izzah Anwar. The rejection was made

because she said the motion did not adhere to Standing Order 23 (1) (h) of Dewan

Rakyat‘s Standing Orders which is equivalent to Standing Order 20 (2) (h) of Dewan

Undangan Negeri Sarawak‘s Standing Orders. Standing Order 23 (1) (h) of the Dewan

Rakyat reads: ―A question shall not be asked for the purpose of obtaining an expression

of opinion, the solution of an abstract legal case or the answer to a hypothetical

proposition.‖

Standing Order 20 (2) (h) of Dewan Undangan Negeri Sarawak reads: ―Without

prejudice to paragraph (1), every question shall not be asked for the purpose of

obtaining an expression of opinion, the solution of an abstract legal case or the answer

to a hypothetical proposition.‖

The Honourable Speaker of Dewan Rakyat ruled that the alleged sale was still an

―assumption, and not official. ―The matter raised in this motion is an assumption, and

not a specific matter, because the matter about the transaction sale of the documents is

not clear.

The forests and environment of Sarawak are largely governed by, inter alia, 3

laws or body, namely:

(1) The Forest Ordinance (Cap. 126) enacted in 1954;

(2) The National Reserves and Environment Ordinance (Cap. 84) enacted in

1958; and

(3) Federal Department of Environment.

There is no provision in the existing law that states that whenever there is an

unverified foreign report or unverified satellite image then in the language of the motion.

(1) ―An independent internationally recognised auditor to be appointed to

survey and carry out a full inventory of Sarawak‘s forest estate;‖

(2) ―Immediately prohibit the export of timber logs.‖

To comply with the 2 resolutions would require a new legislation or alternatively

amendments to the existing laws.

Such proposed amendments bring about legal implications and ramifications that

require the motion to condescend into the particulars of the law.

This can only be done under Standing Order 45.

But this motion does not even state that the motion and notice thereof to move is

even under Standing Order 23.

There is no mention at all in the entire motion that it is moved under any

particular Standing Order.

Based on the grounds mentioned the motion is dismissed.

Y.B. Encik Chong Chieng Jen: Tuan Speaker, your rulling has just made this Dewan a

cocoon of its own. You can‘t stick your head in the sand like what the ostrich did and

deliberately oblivious to what the international body are looking upon Sarawak. That‘s

number one.

Tuan Speaker: Under what Standing Order?

Y.B. Encik Chong Chieng Jen: Number two, Tuan Speaker you are acting like a

Minister. You are acting like a Minister.

Tuan Speaker: Under what Standing Order?

Y.B. Encik Chong Chieng Jen: Where‘s the Minister in-charge? He has no calibre to

answer the motion like that.