N Korean envoy declared as ‘persona non grata’ in Malaysia


Kang Chol

//players.brightcove.net/4405352761001/default_default/index.html?videoId=5347679568001

KUALA LUMPUR: North Korean Ambassador Kang Chol, who has accused Malaysia of colluding with foreign powers in the murder of Kim Jong-nam, must leave the country within 48 hours.

Kang Chol, who was summoned to Wisma Putra at 6pm yesterday, failed to turn up.

And in a turn of events, the ministry sent a diplomatic note to the embassy at about 9.30pm to inform the North Korean government that Kang Chol had been declared persona non grata.

Kang Chol has to leave by tomorrow.

In a statement, Foreign Minister Datuk Seri Anifah Aman said the Malaysian Government had demanded a written apology from North Korea for the ambassador’s recent accusations against the country over Jong-nam’s assassination at KLIA2.

That demand, he said, had been made du­ring a meeting between Wisma Putra officials and the North Korean high-level delegation on Tuesday.

“The officials, led by deputy secretary-general for bilateral affairs Raja Nurshirwan Zainal Abidin, met the delegation headed by Kim Song on Tuesday.

“The delegation was informed that should there be no response by 10pm that day, the Malaysian Government would take measures to best protect its interest.

Here you go: A North Korean embassy official (left) accepting a letter from Muhammad Haidas Muhammad Sharif Song, an assistant secretary of the Malaysian Foreign Ministry’s East Asia Division, at the North Korean Embassy in Bukit Damansara. 

“Almost four days have passed.

“No apology has been made and neither has there been any indication that one is forthcoming.

“For this reason, the Ambassador has been declared persona non grata,” said Anifah.

Persona non grata, in Latin, means one who has been declared so by the receiving state and barred from entering or remaining in the country.

It is the most serious form of disapproval that the country can apply to foreign diplomats and is often used to express displeasure at the conduct or policies of the sending state.

In his statement, Anifah also gave details leading to the move.

He said he had instructed his officers to summon Kang Chol, but neither the ambassador nor the embassy’s senior officials came to Wisma Putra.

“For this reason, the ministry – via a diplomatic note sent to the embassy this evening – informed the North Korea government that His Excellency Mr Kang Chol is declared persona non grata by the Malaysian Government.

“He is expected to leave Malaysia within 48 hours from the scheduled time of the meeting, which is 6pm on March 4 (yesterday).”

Malaysia, vowed the minister, would strongly act against any insult made against it or any attempt to tarnish its reputation.

“It should be recalled that the ambassador has alleged that the conduct of the investigation into the death of a North Korean citizen on Feb 13 indicates that the Malaysian Government had something to hide and that it colluded with outside powers to defame his country,” he said.

However, recent events, including the release of North Korean Ri Jong-chol due to the lack of evidence, was proof that the investigation was carried out in an impartial, fair and transparent manner, said Anifah.

This, he added, as “befits a country that practises the rule of law”.

Kang Chol, 64, began his diplomatic career as an assistant officer in the Middle East Department of North Korea’s Foreign Ministry.

His previous postings were in Somalia and Ethiopia and he had also served as the ministry’s director-general of administrative affairs.

Kang Chol, an alumnus of the Pyongyang University of Foreign Language (1972-73) and Somalia National University (1973-76), has two children.

Source: The Star by mergawati zulfakar, farik zolkepli, qishin tariq, jo timbuong, neville spykerman, royce tan

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Protecting house buyers’ interest


I REFER to the reports “Court: No power to grant extension” and “A fair and right judgment, says housing developer” ( The Star, Feb 28 – Developer has to compensate buyers for delays of projects, Court says).

The High Court decision declaring as ultra vires (beyond one’s legal power or authority) the Housing and Local Government Minister’s granting of a one-year extension of time (EOT) to developers to complete a delayed housing project and thus denying house buyers liquidated and ascertained damages (LAD) provided for under the sale and purchase agreement is timely, sound and indeed meritorious. It is hoped that the decision would be maintained should the minister decide to appeal it.

The Housing Development (Control and Licensing) Act 1966 was enacted for the protection of home buyers.

The long title of the Act (paragraph stating Parliament’s intent for the Act) says: “An Act to provide for the control and licensing of the business of housing development in Peninsular Malaysia, the protection of the interest of purchasers…” This makes clear that the housing development business is regulated to ensure that the protection of home buyers’ interest is paramount.

Two eminent judges, the late Tun Mohamed Suffian, former Lord President of Malaysia, and the late Tan Sri Lee Hun Hoe, the longest serving Chief Justice of Borneo, stated this in two landmark cases respectively.

Suffian LP (Sea Housing Corporation v Lee Poh Chee): “To protect home buyers, most of whom are people of modest means, from rich and powerful developers, Parliament found it necessary to regulate the sale of houses and protect buyers by enacting the Act.”

Lee Hun Hoe CJ (Borneo) (Beca (Malaysia) Sdn Bhd v Tan Choong Kuang & Anor): “The duty of observing the law is firmly placed on the housing developers for the protection of house buyers. Hence, any infringement of the law would render the housing developer liable to penalty on conviction.”

Respectfully, it is submitted that the decision to grant the developer of a housing project extension of time and thus deny the home buyers’ statutory rights to LAD ought to be exercised with diffidence. The decision, if any, ought to be made with the Act’s long title in mind, namely, “for the protection of interest of purchasers”.

In doing so, some aspects to consider are:

> In granting EOT, how will home buyers’ interest be protected?

> LAD is agreed monetary payment for home buyers’ losses for delay in completion of a housing project. Is denying home buyers’ the LAD by the EOT tantamount to protecting their interest?

Although Section 11(3) of the Act states that the developer under “special circumstances” may apply to the Controller of Housing for EOT, it is submitted that Parliament and the long title of the Act surely did not intend LAD to be wiped out by “a stroke of a pen”.

To avoid doubt, “special circumstances” would mean act of God or natural disaster, for example earth quake or tsunami, and not business or economic related challenges or hardship.

The above view would make legal sense of Section 11(3).

Again, the High Court decision is lauded.

Home buyers’ interest is of paramount importance under the Housing Development (Control and Licensing) Act 1966. The Controller of Housing’s or Minister’s decision, although seemingly made “by a stroke of a pen”, must materialise or recognise this intent. Failing to do so would be ultra vires the Act.

May the redeeming light of the Housing Development Act (Control and Licensing) 1966 continue to shine effervescently and protect effectively home buyer’s interest for many years to come.

This letter is dedicated to the National Housebuyers Association, its great team of lawyers, professionals and volunteers for their sterling and pro-bono efforts to speak up for and preserve home buyers’ interest.

Source: ROBERT TAN,  Home buyer and author of Buying Property From Developer: What You Need To Know And Do, Petaling Jaya

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Developer has to compensate buyers for delays of projects, Court says


 

 
Take them to task: According to the liquidated damages clause, condo buyers can claim 10 per annum of the purchase price for the delay

KUALA LUMPUR: The Housing Controller has no power to grant an extension of time to developers who delay the completion of housing projects, the High Court has ruled in a landmark judgment.

This means a housing developer has to pay compensation to the affected buyers for delays in the delivery of vacant possession.

High Court (Appellate and Special Powers) judge Justice Hanipah Farikullah also held that the regulation which empowers the Controller to modify terms of the contract of sale was ultra vires the Housing Development, Control and Licensing Act.

The judge said this in allowing an application for judicial review by 71 buyers of the Sri Istana condominiums in Old Klang Road against the Housing Controller and Urban Well-being, Housing and Local Government Minister.

Their lead counsel Datuk Wong Kok Leong told The Star the judge held that the minister’s decision to grant the developer an extension of time to complete the project via a letter dated Nov 17, 2015 was invalid.

In the letter, the minister had granted the developer a 12-month extension to complete the project.

“This means that the Housing Controller has no power to grant an extension of time to housing developers for any delay in completing their projects,” Wong said.

“Now, the developer has to pay the liquidated damages (a pre-determined sum) for late delivery of vacant possession of those condominium units.”

Wong called the decision a landmark judgment as many project developers seek extensions to complete their projects in Malaysia.

“This is a victory for all house buyers. With this ruling, the housing developer can’t just go to the Housing Controller for an extension of time to complete the project in order to avoid paying the liquidated damages to house buyers.

“This is because if an extension of time is allowed, house buyers lose their rights to claim damages for late delivery of vacant possession,” he added.

Wong explained that according to the liquidated damages clause, the condo buyers can claim 10% per annum of the purchase price for the delay.

In their application for judicial review, the condo buyers stated that they wanted to quash the decision allowing BHL Construction Sdn Bhd an extension of time for the delivery of vacant possession from 36 months to 48 months.

They also asked the court for a declaration that Regulation 11(3) was ultra vires of the Housing Development Act (Control and Licensing) Act.

Wong said the judge has ordered the parties to address the issue of costs on the next date for case management.

When contacted, SFC Mohamad Rizal said the judge also allowed a similar application involving another group of condominium buyers involving the same developer and project.

Source: By  m. mageswari, royce tan, thean lee cheng, eugene mahalingam, The Star

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Police must act swiftly


Several recent crime cases have shaken Malaysians quite a bit. We leave it to our police force to provide answers to this madness.

RECENTLY, several widely reported crime cases, which many Malaysians are following, have really shaken us.

Yes, Malaysians complain a lot, and rightly so, about the never-ending burglaries and snatch theft cases in our neighbourhood and streets but these are merely incidents involving petty criminals.

Yes, we lose money and sometimes, there are fatalities involved but most are non-brutal and the motives are established quickly. I am not even talking about the high profile assassination of Kim Jong-nam, the exiled half-brother of North Korean dictator Jong-un, at the KLIA2 which has grabbed the world’s attention.

The police have been swift – two women who committed the crime were arrested and other suspects were taken in while more North Korean suspects have been identified.

There has been plenty of noise from the North Korean embassy but the case is being wrapped up, with fresh leads being revealed to the public daily.

But what has disturbed me most is the disappearance of Pastor Raymond Koh Keng Joo, who is well-known among the Christian community in Malaysia.

It has been reported that on Feb 13, occupants of a van stopped the pastor’s car, a silver Honda Accord, along Jalan Bahagia, Petaling Jaya, and abducted him.

(Left) Koh: Abducted in broad daylight. (Right) Sameera: Brutally murdered.

 

He had earlier left his Prima Sixteen Chapter Two home in Jalan 16/18, Petaling Jaya, at about 10am to go to the Puncak Damansara Condominium in Kampung Sg Kayu Ara, not far away. Koh’s family said the 62-year-old was en route to a friend’s home.

So far, there has been no ransom demanded or motive identified. We still don’t know the reason for the kidnapping.

A CCTV footage, currently with the police, purportedly showed the abduction taking place on a busy road.

It is believed that the pastor’s abduction involved several vehicles. It was professionally and very swiftly executed.

The case is under the personal attention of Inspector-General of Police Tan Sri Khalid Abu Bakar, who announced that a special task force has been formed to investigate the case, saying police had recorded statements from eight witnesses but admitted that there had been little information to go on.

The team is led by Selangor Criminal Investigations Department chief Senior Assistant Commissioner Fadzil Ahmat.

The case is most baffling. Ours is not a South American or Middle Eastern country where people get abducted from busy streets.

The abductors appeared to be very organised, almost professional-like, in carrying out their task. One of them even diverted traffic while others grabbed Koh.

The fact that they have not demanded any ransom shows that they are not ordinary kidnappers looking for money.

The only possible answer is that some persons (or group) are not happy with the way he is handling his work. Koh’s colleagues have revealed that a bullet was sent to the pastor six years ago after the Selangor Islamic Religious Department (Jais) conducted a raid on a thanksgiving and fund-raising dinner organised at a church in Petaling Jaya, where he was accused of proselytising to Muslims.

Religious leaders of any faith must be mindful that attempting to convert anyone is really crossing the line. The majority of Muslims will not tolerate any attempt of proselytising, even in the most subtle form, and leaders of other faiths must understand and accept the sensitivity and reality of the situation.

However, any grievances or complaints relating to religion, a sensitive issue, should be directed to the religious authorities and police. In this case, the pastor was snatched away with no obvious clues, and no claims have been made.

This is distressing, and his wife has understandably sought counselling in Singapore as the family agonises over the unexplained incident.

In the absence of any information, this has led to speculation and it is unhealthy for Malaysia as we take pride in our religious diversity and tolerance in resolving conflicts.

The other widely talked about case involved transgender Sameera Krishnan, who was brutally murdered on Thursday. She was shot, had four fingers severed and suffered head injuries.

The cruelty inflicted on her was horrifying and something Malaysians just cannot imagine. Interestingly, Sameera was the main witness in her own kidnapping case two years ago and the trial has been set to begin early next month.

In 2015, she was rescued by police after she was abducted from her home in Klang, and repeatedly sodomised.

Enough. Malaysians must stand up and demand for justice. While Malaysia does not condone LGBT (lesbians, gays, bisexual, and transgender), this does not mean Sameera’s life is worth any less than ours. It doesn’t matter whether we refer to Sameera as him or her.

The fact is this – she was murdered and sexually violated. Her pride and dignity were snatched away from her and despite the prejudices of many Malaysians, this should not, in any way, diminish the diligence and commitment needed to solve the crime.

Her perpetrators must be brought to justice and if we have any conscience at all, we should all be furious. It will be abnormal to be indifferent about this. Sameera deserves justice, just like anyone else.

I believe that Malaysia is a country where minorities are protected. There are laws in our country and they are upheld.

The police have been professional, and I believe and respect our police force. They take every bit of information seriously and in my regular dealings with them, I have developed even more respect for them. They trudge on diligently despite their impossibly heavy work load.

I hope they will bring some sense and provide us answers to the madness and along the way, some reassurances to the public.

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.

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Kim Jong-nam’s murder masterminds back in North Korea


 

Official story: Noor Rashid speaking to the media during the press conference at Bukit Aman.

KUALA LUMPUR: Four suspects being hunted by Bukit Aman in the assassination of North Korean exile Kim Jong-nam are believed to be back in Pyongyang after leaving the country for Jakarta immediately after the attack.

The four – Rhi Ji-hyon, 33, (arrived in Malaysia on Feb 4), Hong Song-hac, 34, (arrived Jan 31), O Jong-gil, 55, (arrived Feb 7) and Ri Jae-nam, 57, (arrived Feb 1) – left for Jakarta from KLIA2 immediately after the attack on Monday.

From Jakarta, sources say they flew to Dubai and Vladivostok before reaching Pyongyang.

“They may have taken the long route to shake off the authorities,” sources said.

Deputy Inspector-General of Police Tan Sri Noor Rashid Ibrahim said Malaysian police are cooperating with Interpol and other relevant bodies overseas to track them.

Bukit Aman’s first priority is to collect all evidence on the suspects’ involvement in the case.

“Next plan is to get them. We will use all resources to pursue them,” Noor Rashid told a press conference, the first by the police since the killing.

On the possibility that the murder was politically motivated, Noor Rashid said the police were not interested in any political angle.

“What we are interested in is why they committed such a crime in our country.

“Any political angle can be put aside as it is not our job to worry about political matters.

“We want to get at the truth and bring the perpetrators to justice,” he said.

He said police were also looking for North Korean citizen Ri Ji-u, 30, also known as James, along with two others to help in investigations.

Of those arrested, Vietnamese Doan Thi Huong, 28, arrived from Hanoi on Feb 4 while Indonesian Siti Aisyah, 25, a spa masseuse, entered the country via Batam on Feb 2.

North Korean Ri Jong-chol, 47, was arrested on Friday and entered Malaysia on Aug 6 last year.

“We are in the process of identifying the two others sought to assist in the investigations,” said Noor Rashid.

“We hope anyone with information can come forward,” he said.

On Jong-nam’s post-mortem, Noor Rashid said that it was conducted on Feb 15 at Hospital Kuala Lumpur.

“The cause of death is still unknown. We are waiting for the toxicology and pathological test results. I think in a few days, we will get the toxicology result.

“The case will be referred to the deputy public prosecutor for fur­ther instructions and investi­ga­tion,” he said.

Priority is given to close family members or next of kin to claim the body and they have been given two weeks to do so, added Noor Rashid.

“It is very important for close family members of the deceased to come forward to assist us in the process of identification, which is based on our legal procedures and Malaysian law.

“However, as of today, we have not met the next of kin. We are trying very hard to get the next of kin to assist us,” he said.

In the event that the family does not show up, Noor Rashid said police will look at further options.

Sources: By  farik zolkepli, jastin ahmad tarmizi, merga watizul fakar, adrian chan The Star

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Korean web of intrigue: Malaysia hunting for Kim Jong-nam murder


Two women suspects in Kim Jong-nam assassination remanded for seven days

KUALA LUMPUR: Two women arrested in connected with the assassination of Kim Jong-nam, the half-brother of North Korean leader Kim Jong-un, have been remanded for seven days.

Selangor police chief Comm Datuk Seri Abdul Samah Mat said the two women have been remanded until Feb 21 to assist in the investigations.

One of the women has a Vietnam passport bearing the name Doan Thi Huong while the other has an Indonesian passport bearing the name Siti Aishah.

“They have been remanded. So far, there is no press conference as a press statement have been issued. We will update if there is anymore development,” Abdul Samah told The Star Online.

At 11.05am, Magistrate Sharifah Muhaymin Abd Khalib was at the Sepang police headquarters to grant the police’s application to remand the woman with the Vietnam passport.

Jong-nam, 45, was killed by two women who splashed his face with a chemical at the KLIA2 departure hall at about 9am on Monday. He was about to leave for Macau.

The women later got into a taxi and fled.

One of the women, who has the Vietnam passport, was arrested at the airport on Wednesday when she tried to board a flight out.

The woman with the Indonesian passport was arrested at 2am on Thursday.

Police are looking for four men who were in the company of the two women at the airport when Jong-nam was killed.

By Farik Zolkepli and Joash Ee De Silva The Star/|ANN

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