Mind your words, please!


The colour orange: Oren refers to the orange colour of the T-shirts that those arrested by the MACC have to wear when they are brought to court.

 

THE Malaysian Anti-Corruption Commission (MACC) has been in the news almost daily with its arrests of politicians and businessmen, many carrying the Tan Sri and Datuk Seri titles.

This has become the subject of conversation among Malaysians.

To help foreigners, especially those doing business here in Malaysia, below is a compilation of terms that are often used to denote corrupt practices. To the clueless, these words could easily be misunderstood.

Worse, it could land unsuspecting expatriates in serious trouble with the law, especially with the MACC, if they use these seemingly innocent terms without realising their implications.

Here’s a list of everyday words and how they are used.

Jalan – this is a Bahasa Malaysia word for “road”. On the surface, it sounds simple and straightforward. Every road sign begins, mostly, with this word to denote, well, road. If only it was that simple. In reality, it could be the beginning of a corrupt offer.

If someone asks you: “You got jalan ah?” It doesn’t mean seeking assistance for a road direction. In the Malaysian context, it probably means “is there a way to resolve a complicated situation?” Some may argue the word need not necessarily be “illegal” as it could also mean finding a clever way out of a problem.

Kabel – the Malay word for “cable”. Cables are strong, thick wires, which are usually twisted or braided together. Well, in Malaysia, it also means someone in position – a very powerful person, often a politician in high office, or a senior government officer, who is able to help secure a big contract or deal. So, if someone asks whether “you have kabel?” you shouldn’t look puzzled or confused.

It simply means you need to have the support of an influential figure who is as strong as a cable. It’s no longer good enough to “pull strings” but you must be able to “pull cable” for your plans to get off.

Lubang – it literally means a hole. Most Malaysians grumble about lubang or the numerous pot holes along our badly maintained roads. The vulgar ones uses this word with a sexual connotation.

But in the more sleazy world of bribery, lubang means an opportunity, usually an illegal way, to make money. It has nothing to do with holes, as the word suggests.

Kau tim – this is a Cantonese word, which has actually become a Malaysian word, used by all races. It means finished, done or resolved. As simple as that.

But it is also a way of expressing agreement, or to settle a problem with bribery. For example, if you are stopped by a traffic cop for a traffic offence, you may say “boleh kau tim ah?” or the policeman may suggest “macam mana mau selesai, mau kau tim kah?

Lu tak mau kau tim, mesti susah punya. Nanti kena pi balai, pi court.” (If you do not wish to settle, it can be difficult. You may have to go to the police station or even the court.)

Ta pau – I always thought that this Chinese word means to pack food or a take-away, but it has come to mean a greedy corrupt person who wants to take away the entire loot all for himself without sharing with anyone, as in “he wants to ta pau everything, how can? So greedy one.”

So, no expatriate who has just arrived in town should go around telling everyone that he wants to “ta pau” everything he can lay his hands on. He can be sure of getting strange, hostile stares.

Selesai – it means to end or the end. It could be the end of a movie, the end of a meal or the end of a relationship. It’s a really simple word but in the Malaysian context of corruption, it means “how to resolve this?” or “it has been settled.”

Usually, the act of corruption will begin with a simple question – “So, macam mana mau selesai?” or “how do we settle this?”. For sure, it won’t be a challenge to a fight or a gentlemanly end to a problem with a handshake. Don’t be stupid. It’s an invitation to begin negotiation for, errr, a bribe.

The English version is also often used, as in “can settle ah?”

Lesen kopi – This has to be the Corruption 101 lesson for our young drivers. It is the first step into the world of corruption in Malaysia. Nobody wants to admit it but going by hearsay and unsubstantiated remarks, many Malaysians taking their driving test believe that they need to bribe the examiner in order to pass the very first time. Lesen kopi means bribing to get a driving licence.

So, they earn what is known as “lesen kopi” or licences obtained via corrupt ways, or duit kopi. Small gratification for “coffee” for the testers. Coffee, not tea. Strangely, there is no such term despite our fondness for teh tarik.

It may sound terribly confusing to tea drinking foreigners but please don’t think that this is the reason why so many Malaysians kill themselves or each other on our roads.

Ikan bilis – it refers to anchovies, those tiny fish, usually fried, found in our national food, the nasi lemak. But it also means small fry. So when low-ranking government officers are arrested for corruption, the MACC is often criticised for just going after the ikan bilis and not the bigwigs, known as sharks in the Malaysian context.

Makan duitMakan essentially means to eat. There’s no way, literally, that a person can eat a ringgit note. But it is synonymous with taking a bribe. It may be confusing to a foreigner as it may seem impossible to eat stacks of ringgit notes but this is Malaysia. We are versatile as well as adaptive. Many people will tell foreigners that they are able to, well, makan duit. Can one, who say cannot?

Oren – It’s not orange juice. It refers to the colour of the round-collared T-shirts that those arrested by the MACC have to wear.

This is the dreaded colour for all suspects, in handcuffs, being led to court in full view of the press.

You can be in red or yellow but orange is a no-no. The new term now is “jangan oren” or “don’t be in orange.”

On The Beat by Wong Chun Wai, The Star

Wong Chun Wai began his career as a journalist in Penang, and has served The Star for over 27 years in various capacities and roles. He is now the group’s managing director/chief executive officer and formerly the group chief editor.

On The Beat made its debut on Feb 23 1997 and Chun Wai has penned the column weekly without a break, except for the occasional press holiday when the paper was not published. In May 2011, a compilation of selected articles of On The Beat was published as a book and launched in conjunction with his 50th birthday. Chun Wai also comments on current issues in The Star.

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The Malaysian Anti-Corruption Commission (MACC) needs strong finishing


Biggest seizure: A case that caught the attention of the nation was the seizure of cash, jewellery and other expensive items from the homes of two former top Sabah Water Department officials in October last year.

ONE need not go far to see how effective the Government can be when dealing with highly problematic issues involving people who blatantly do not comply with the rules.

After the National Higher Education Fund Corp (PTPTN) issued a warning to loan defaulters that they would be blacklisted and may not be able to travel abroad, the repayment of their loans increased. There is almost a 300% jump in withdrawals from the Employees Provident Fund’s (EPF) account for education purposes – rising from RM578mil in 2015 to RM1.48bil last year.

According to officials from the EPF, the bulk of the money withdrawn has been channelled toward the repayment of loans owed to PTPTN.

Clearly, the prospects of being blacklisted – a record that will remain forever – and the possibility of being stopped at the airport before leaving overseas for a holiday are reasons enough for them to repay their loans.

The lackadaisical attitude of those who have taken student loans is just another sign of apathy. The former students who are now young working adults know very well that they have an obligation to repay the loans.

However, they do not bother to do so until measures are put in place to hit them hard where it matters.

On a larger scale, corruption is a big problem in Malaysia. It is a major problem that has reached a state where most companies set aside a certain amount to “grease” key people to get jobs.

Everybody knows the danger of getting caught but the practice continues. Towards this end, the Malaysian Anti-Corruption Commission (MACC) has, in recent months, been on overdrive to nab those suspected of corrupt activities.

But has the message that the MACC means business been drilled down?

In South Korea, former president Park Geun-hye was detained on April 1 ahead of her trial. Prosecutors said the allegations against her were grave and the other suspects in the case, including her confidante Choi Soon-sil and Samsung heir Lee Jae-yong, have already been arrested.

In that country, it’s clear that corruption will not be tolerated. Those being investigated will be put behind bars even before the trial starts.

In the last few months, a regular feature in newspapers is the string of high-profile personalities who have been arrested for allegations involving bribery or money laundering.

They include politicians, civil servants, heads of government-linked funds and businessmen. Those who solicit bribes and the parties that give the money or even facilitate bribery have been arrested and remanded.

Some of them have been charged before being let off on bail.

Pictures of the persons involved are all over the newspapers and social media. In some cases, names are mentioned.

The “shaming and naming” of the people hauled up and being investigated is damaging. It is the talk of the town – especially among the private-sector businessmen.

However, there are some reservations on whether the efforts by the MACC would pay off.

At the end of the day, what would matter is seeing how many get prosecuted successfully; how many are handed down custodial sentences.

And most importantly, the speed in which these cases are disposed of by the courts.

For now, most of these MACC cases are already being filed in court and some have been charged. But the trial proper is a process that is likely to take a long time.

And the danger is the momentum will slow down when there is no speedy end to the cases.

There is also the issue of managing perception when there are delays in the outcome.

For instance, two senior officials of the Federal Land development Authority (Felda) were charged with criminal breach of trust involving RM47.6mil for a sturgeon-breeding project in March this year. The offences were allegedly committed between January and July 2014. The hearing will probably start in a few months.

In the meantime, Felda continues to fight the battle to improve its perception on improving governance and returns on its investments.

The share price of Felda Global Ventures Holdings Bhd is a far cry from the valuations it fetched during its listing in 2012. The returns from the RM2bil that Felda has invested in Felda Investment Corp is nothing much to shout about.

One case that has caught the attention of the nation was the seizure of cash, jewellery and other expensive items from the homes of two former top Sabah Water Department officials in October last year.

According to reports, it took 30 MACC officers and 15 hours to count the cash of more than RM53mil that was seized.

The display of the stacks of bank notes seized from the homes is still an image that is popular on social media. The case, touted as the nation’s biggest corruption case involving RM61.4mil in cash and other assets, has been fixed for hearing in July and August this year. According to reports, some 200 witnesses will be called for the case.

When the case will be concluded is anyone’s guess. In the meantime, it leaves many wondering if the MACC would be successful in its efforts.

Corruption affects the country as a whole. It is estimated that there is a leakage of about 20% of the annual spending for projects and procurement. For instance, the Federal Government development expenditure for 2016 was about RM50bil and 20% is easily RM10bil.

Larger sums are budgeted for government agencies that are not part of the Federal Government balance sheet. This includes the likes of Mass Rapid Transit Corp Sdn Bhd that handles the rail infrastructure projects running into 10s of billions of ringgit. The government-linked companies are another set of entities with big budgets.

What the MACC needs now is a speedy end to such high-profile cases.

Whether the prosecution is successful or otherwise, a quick closure to such cases will help MACC instil public confidence in it. A strong finish to the investigations is much needed.

By M.Shanmugam The Star

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Johor’s biggest corruption cases: land and housing scandal, slapped with 33 counts of graft


TWO IN COURT: Abd Latif (right) being brought to the Johor Baru Sessions Court by anti-graft officers. He is alleged to have abetted property consultant Amir Shariffuddin Abd Raud (left) in the land development scandal.

After weeks of investigation, state executive councillor Datuk Abd Latif Bandi is finally brought to court to face 33 counts of graft. The land and housing scandal – one of Johor’s biggest corruption cases – is however set to widen as graft busters warn of more suspects to be charged soon.


MACC expected to haul up more people in land and housing scandal

JOHOR BARU: One of the state’s largest corruption scandals is about to get bigger as more people are expected to be hauled up to court in the coming weeks.

Malaysian Anti-Corruption Commission (MACC) deputy chief commissioner (operations) Datuk Azam Baki said they might be charged with the case involving Johor executive councillor Datuk Abd Latif Bandi either this month or next.

Among those to be charged, he said, were those who had been arrested previously.

However, he declined to reveal their names so as not to jeopardise MACC’s investigation, saying that no VIPs were involved.

“We are in the midst of completing our probe with the Deputy Public Prosecutor before charging them in court soon,” he told reporters after meeting MACC investigation director Datuk Simi Abd Ghani and Johor MACC director Datuk Azmi Alias here yesterday.

Azam said it was also possible for Abd Latif, who was jointly accused with property consultant Amir Shariffuddin Abd Raud of committing 33 counts of graft yesterday, to face another round of charges then.

It was reported that eight suspects, including Abd Latiff ’s eldest son as well as his special officer, were nabbed by the MACC on Feb 24.

Anti-graft officers detained them after sifting through stacks of documents seized from the state government and developers.

They also seized luxury goods, including 21 cars such as Bentley, Mercedes-Benz and Porsche, five high-powered motorcycles and 150 handbags.

On its probe into the purchase of real estate in Australia by Mara Incorporated Sdn Bhd, Azam said MACC called up 24 witnesses and visited seven premises, including a law firm, the offices of both Mara Inc and an appraiser, and their associates.

“All related documents have also been seized. We have gathered more new information, and it is a continuous investigation from the previous case in 2015,” he said.

“We need more time to complete this case as it involves another country.

“We have put in a request under a mutual legal assistance with the Australian AttorneyGeneral’s office but have yet to receive any response.

“We will also prepare the documents to be sent to Australia,” he said.

MACC had previously recorded the state- ment of suspended Mara chairman Tan Sri Annuar Musa over the same investigation.

Annuar also handed over several documents relevant to the case.

The issue came to light after Australian newspaper The Age claimed that several senior Mara officials and a former politician had spent millions of Malaysian Government funds to buy an apartment block, known as Dudley International House, in Melbourne

Azam said his officers were also in the midst of preparing a report into alleged match fixing by football players from the Malaysian Indian Sports Council-Malaysia Indian Football Association.

“We expect this case to be completed within two to three weeks after we hand over the report to the deputy public prosecutor for charging.

Source:The Star headline news

Slapped with 33 counts of graft

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JOHOR BARU: State executive councillor Datuk Abd Latif Bandi has been charged in the Sessions Court here with 33 counts of graft, the earliest of which stretches back to just six months after he assumed office.

TWO IN COURT: Abd Latif (above) being brought to the Johor Baru Sessions Court by anti-graft officers. He is alleged to have abetted property consultant Amir Shariffuddin Abd Raud (below) in the land development scandal.

Abd Latif, 51, was sworn in to his post as Johor Housing and Local Government Committee chairman in 2013 and according to the list of charges, he allegedly abetted property consultant Amir Shariffuddin Abd Raud on Nov 13 that same year to convert bumiputra lots into non-bumiputra lots.

Yesterday, the court interpreter took about 15 minutes to read the list of charges to each of the accused in the case, considered one of the biggest corruption scandals in the state.

In total, Abd Latif is said to have abetted Amir, 44, to convert 1,480 houses.

He is also accused of helping to reduce the quantum of payment that developers had to contribute towards the Johor Housing Fund for converting these lots.

The offences, the last of which supposedly took place on Sept 13, 2016, involved payments of between RM100,000 and RM3.7mil.

Totalling some RM30.3mil, this involved development projects in Kota Masai, Tebrau, Kulai, Kempas, Nusajaya and Johor Baru.

Among the converted lots were apartments, double-storey terrace homes, cluster houses, cluster industrial lots, semi-Ds and bungalows.

Abd Latif was charged under Section 28 (1) (c) of the Malaysian Anti-Corruption Commission (MACC) Act for abetment, which was read together with Section 16 (a)(B) for accepting bribes.

Amir was charged with 33 counts under Section 16 (a)(B) for accepting bribes for himself and Abdul Latif.

Judge Mohd Fauzi Mohd Nasir set bail at RM2mil in one surety for each of the accused and ordered their passports to be surrendered until the trial was over. He also fixed May 23 for mention.

At press time, only Amir posted bail while Abd Latif, who was unable to raise the amount, was sent to the Ulu Choh detention centre.

Earlier, 15 minutes after Abd Latif and Amir were ushered into the packed courtroom, a defence lawyer stood up and asked for their “Lokap SPRM” orange T-shirts to be removed.

Both Abd Latif, who took time to hug and shake the hands of several people, and Amir then changed into long-sleeved shirts.

Abd Latif was represented by a six-man legal team led by Datuk Hasnal Rezua Merican while two lawyers, headed by Azrul Zulkifli Stork, stood for Amir.

The case was prosecuted by MACC director Datuk Masri Mohd Daud, with assistance from Raja Amir Nasruddin.

Source: The Star by Nelson Benjamin and Norbaiti phaharoradzi

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Time to take fight against graft to the top, say group


Political parties should disclose all of their financing and expenditure, says Transparency International Malaysia.

“Political funding must be stated in the parties’ bank accounts and a properly audited account financial report must be published annually,” said its president Datuk Akhbar Satar.

“All ministers and top Govern­ment servants should also declare their assets to the Malay­sian Anti-Corruption Commission (MACC), and the chief commissioner should declare these to the Parliament,” he said.

Akhbar was commenting on the call by MACC for the Government to declare corruption and abuse of power as the country’s No. 1 enemy.

He said these declarations would be in line with the belief that “transparency and accountability begin at the top”.

“The public must also help MACC by reporting corrupt practices and cooperating in court,” he added.

Inspector-General of Police Tan Sri Khalid Abu Bakar also supported MACC’s move.

“Such an honourable effort must be supported thoroughly,” he said. “The police always prioritise integrity and the war on corruption must be fought at all fronts.”

Asli Centre of Public Policy Studies chairman Tan Sri Ramon Navaratnam said reforms in corruption laws were needed to ensure that MACC could “act without fear or favour”

“Our laws on corruption should be reviewed, revised and made up to date,” he said. “And follow best practices such as in countries like Denmark, Hong Kong and Singapore.”

The Government could set an example by making sure there was a cap on money politics, he added.

Malaysian Crime Prevention Foundation senior vice-chairman Tan Sri Lee Lam Thye said it was vital for the public to be proactive in helping MACC.

“MACC needs a free hand to take action in fighting corruption,” he said.

G25 member Tan Sri Mohd Sheriff Mohd Kassim said the best way to start would be to require all election candidates in the 14th general election to sign a pledge against corruption during the campaign.

Minister in the Prime Minister’s Department Datuk Paul Low said the Government’s commitment to fight corruption was already there “but the journey to deal with the problem takes time”.

Source: Star/ANN By Razak Ahmad, Fatimah Zainal, Andmelanie Abrahamby

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Call on the Government to downsize the country’s bloated civil service


Sheriff: ‘Government bureaucracy has grown so big that it’s not only taking up too much resources but creating many failures in our finance economy

KUALA LUMPUR: One of Malaysia’s former top civil servants has called on the Government to consider downsizing the country’s bloated civil service, while it still can.

Malaysia has the highest civil servants to population ratio in the Asia-Pacific, employing 1.6 million people or 11% of the country’s labour force.

And that could be a problem Malaysia may not be able to sustain if it runs into a financial crisis, said Tan Sri Mohd Sheriff Mohd Kassim, the former Finance Ministry secretary-general and Economic Planning Unit director-general.

He said if the Government was really set on keeping the national deficit at 3%, it needed to look at retrenching employees, particularly in the lower levels of the civil service, to cut spending.

“Government bureaucracy has grown so big that it’s not only taking up too much resources but creating many failures in our finance economy. There are just too many rules and regulations that the public and private sector have to live with,” he told a delegation of economists, politicians and government officials at the Malaysian Economic Association’s forum on public sector governance.

He advised Malaysia to begin downsizing the civil service, “better sooner than later” if it wanted to avoid running the risk of falling into a Greece-like crisis, where the European country had to cut salaries and was unable to pay pensions for its civil service.

Drawing examples from the recent Malaysia Airlines restructuring, where 6,000 people were retrenched, Mohd Sheriff said it was better to let staff go now and compensate them with retrenchment packages while the Government can still afford it.

“It may cost the Government a heavy expenditure now but it is worthwhile to do it now while we can still afford it and not until we are forced into a financial crisis like Greece.

“We don’t want to be in that situation. I think we should do it gradually. It is kinder to do it now with incentives than to suddenly cut their salaries and pensions at a time when they can least afford it,” he said.

Malaysia is expected to spend RM76bil in salaries and allowances for the civil service this year, on top of another RM21bil for pensions. Efficiency and corruption dominated talks on the civil service at the forum, held at Bank Negara’s Sasana Kijang.

Mohd Sheriff, who is also former president of the Malaysian Economic Association, said these issues have been around since his time in the civil service decades ago though not much has changed due to a lack of political will.

In jest, he suggested Malaysia emulate United States President Donald Trump’s idea on downsizing the US civil service by closing down two departments of the Government if it wanted to open another one.

He also suggested that Parliament create a committee to monitor the performance of top civil servants and give them the ability to retrench these officers if they fail to meet their marks.

“In many countries, even Indonesia, they have committees to hold Government leaders to any shortcomings on policy implementations and projects.

“These are the kinds of checks and balance we need to make our civil servants aware that they are being monitored for their work and they can be pulled out at any time,” he said.

Finance Minister II Datuk Johari Abdul Ghani had said Malaysia’s ratio of civil servants is one to 19.37 civilians and that the high number of Government staff had caused expenditures to balloon yearly.

As a comparison, the ratio in Indonesia is 1:110, in China it is 1:108, in Singapore it’s 1:71.4 and in South Korea the ratio is 1:50.

Despite this, Johari said there were no plans to reduce the number of civil servants.

By Nicholas Ccheng The Star

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Where is your Datukship from, Datuk? The trouble with titles


Malaysia is in danger of becoming a nation with the most number of decorated people

THIS has to be a record of some sort – a notorious gang of 60 hardened criminals including four low-level politicians with the titles of Datuk and a Datuk Seri, has been netted in a series of swoops.

The Gang 360 Devan gang, involved in murder, drug-pushing, luxury car theft and hijacking, has to be the gang with the most number of titled leaders.

Then, there is also the leader of the notorious Gang 24 – a Datuk Seri – who was among 22 men held in another spate of arrests.

Last December, a gang leader known as Datuk M or Datuk Muda was shot dead by his bodyguard while they were driving along the Penang Bridge. The Datuk was a detainee at the Simpang Renggam centre.

A day later, a video went viral showing a heavily tattooed man being violently beaten up by a group of men believed to be gangsters, at the late Datuk’s funeral.

Three days ago, there was a series of arrests by the Malaysian Anti-Corruption Agency (MACC) which saw a number of Datuks being arrested and charged.

If we hold the record of being the country which has the highest ratio of government servants, we may also soon be the country with the most number of titled people.

And if we are not careful, we could well be a country which has the most titled criminals.

The people being conferred a Datukship seem to be getting younger and some are surprisingly under 30 years old, which begs the question – what have these youngsters contributed to society to deserve such titles?

Last October, Singapore’s Straits Times carried prominently a news report of a teenager who purportedly became the youngest “Datuk” in the country.

“The image that went viral shows the apparent recipient of the title standing in a crowded waiting room while dressed in ceremonial attire with the caption reading: “Youngest Dato in Malaysia … 19 years.”

The Malaysian media, which carried the news earlier, has not been able to verify the age of the person in the photo. And no one has denied the authenticity of the article, not even the person in the photo, who may actually be older than he looks.

Regardless of which state these titles are from, many Malaysians rightly deserve the recognition from the royal houses because of their community work, in various forms.

One or two states, especially Pahang, seem to be more generous in conferring awards while states like Selangor, Johor, Perak, Sarawak and Kelantan are more stringent in their selection.

The Selangor state constitution states that only a maximum of 40 Datuk titles can be conferred each year.

The Sultan of Selangor Sultan Sharafuddin Idris Shah has imposed stricter conditions – including the minimum age of 45 – for a person to be conferred the state’s Datukship, to limit the number of recipients and protect the image and dignity of the awards.

In the case of Johor, Sultan Ibrahim ibni Almarhum Sultan Iskandar has expressed his frustrations openly, saying sarcastically “that it has come to a point that if you throw a stone, it will hit a Datuk and when the stone rebounds, it will hit another Datuk”, to illustrate the point that Malaysia is in danger of becoming a nation with the most number of decorated people.

While the increasing number of people with the Datuk title has long been a contentious issue, what Malaysians are concerned about is the number of such titled persons being involved in crime.

Pictures of a certain Datuk with a visible tattoo on his hand, purportedly depicting his gang allegiance, have long gone viral on social media.

Malaysians are asking whether royal houses submitted the names of potential recipients to the police for vetting before conferring them with titles. This is a practice of the Sultan of Selangor. If that were the case with every state, criminals would not have been awarded.

I have complete faith in the ability of our police force. They will carry out their duty of checking the background of such people if asked to do so.

But what is taking place now in Malaysia is also a reflection of our people’s obsession with titles, honorifics and even fake academic titles.

Our former deputy prime minister, the late Tun Ghafar Baba, was just plain Encik, until the day he retired from office.

In Tunku Abdul Rahman’s first Cabinet, after we achieved independence, only five of 15 ministers were made Datuks.

The finance minister at the time, Tan Siew Sin, only held the title of Justice of Peace – which is recognised in Commonwealth countries.

Penang’s first Chief Minister, the late Wong Pow Nee, had no title until he retired, after which he was made Tan Sri. Another was the late Gerakan president Dr Lim Chong Eu who only became Tun upon retirement.

In short, things were pretty simple back then, with proper methodology when it came to conferring decorations, medals and titles. But not today.

There are now so many variations of the Datuk titles – Datuk Seri, Datuk Sri, Datuk Paduka, Dato’, Datuk Wira and Datuk Patinggi (depending on the states) – it has become confusing, even to members of the media.

There are now calls from some titled people that the press should use their titles accurately. I can only imagine the number of corrections the media has to deal with if mistakes are made and some snooty individual gets upset.

In the 1970s, the media decided to standardise how these title holders should be addressed by calling them all “Datuk”. The press also decided to call the Datuk Sri from Pahang “Datuk Seri”.

It is just impossible to check every single title or pre-fix when naming a person.

The reporter does not ask the police where the criminal suspect got his Datukship. Neither can we ask the Datuk criminal as he is being led to the courts in handcuffs, “Where is your Datukship from, Datuk” ?

Besides Brunei, the Malaysian press must be the only one that includes the titles of individuals. Well, there is the British media but they only address those who are knighted with the title “Sir”.

The royalty shouldn’t be the only party blamed for the increasing number of Datuks. Malaysians are willing to go to all lengths to buy the titles, even from bogus sources.

But the titles must not be bestowed on any one with a criminal record or it makes a mockery of this honour.

By Wong Chun Hai The Star/ANN

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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

http://www.sprm.gov.my/…/1059-malaysiananticorruptioncommissionact2009act-694

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