Electrical cables & wires: uncertified and substandard items are dangerous!


Fighting corruption a decade later, Wars on graft widens


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

– Tricia Yeoh letters@thesundaily.com

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Wars on graft widens

Four officers nabbed for pocketing fees after altering passport applications

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

Nabbed: Malaysian Anti-Corruption Commission officers escorting four Immigration officers out from the Shah Alam magistrate’s court after they were remanded for six days.

Having access to the applicant database, they did much more than their job scope.

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

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

An internal audit exposed the ruse recently.

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

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

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

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

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

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

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

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

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

Four immigration officers held for allegedly pocketing RM1m for falsifying passports

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

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

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

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

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

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

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

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

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

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

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

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

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

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Four policemen charged with corruption

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

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

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

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

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

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

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

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

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

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

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

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

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

V. Partiban represented all of the accused.

MACC DPP Amin Yaacub also appeared for the prosecution.

– Imran Hilmy newsdesk@thesundaily.com
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Trump and China’s bumpy ride begins


Trump’s diplomacy
Hot button: Trump’s unpredictability is making him a big topic in China.— AFP

THE rest of the world will have to fasten its seat belts while the current worrying clash of superpowers China and the United States plays itself out. Although the saga of the underwater drone ended peaceably earlier this week, the drama signalled that the competition between the two has entered a new era. With help from the ubiquitous social media, their diplomatic engagement is taking place in real time swiftly, unpredictably and amid considerable tension.

The inauguration of President Donald Trump on Jan 20 is expected to see US-China ties transformed into a guarded quasi-friendship requiring day-to-day reassessment. The stability that prevailed during the eight years of the Obama administration is unlikely to survive. Trump is given to knee-jerk reactions and ill-considered grandstanding for the sake of quick gain and publicity, as well as for his brash pursuit of the art of the deal, none of which bodes well for US’ relations with Beijing.

Still a month from taking office, Trump has already endangered his country’s long-standing recognition of the One China Policy by accepting a phone call from Taiwanese leader Tsai Ing-wan, a breach of protocol adopted after Washington formally recognised communist China in the early 1970s.

President Barack Obama immediately warned that any shift from this policy would have a serious impact on American dealings with Beijing, an important trading partner and backer of the US economy. Aiming to renegotiate extant overseas deals, Trump does not appear to care, and seems ready to test Chinese mettle on every issue.

China’s regional neighbours are aware that the nature of its relationship with the US increasingly depends on Beijing’s dealings with other countries, including the 10 nations of South-East Asia.

The attitude in the Philippines has radically changed. Whereas Manila traditionally regarded the US as the region’s military guardian, current President Rodrigo Duterte- taking umbrage at perceived American slights-has welcomed Chinese overtures. Thanks to Washington’s tendency to overreach in its authority, perceptions elsewhere are not so different.

Thus, its chief justification for wielding influence here to serve as a stopgap against China assertiveness is on the wane.

The Philippines’ abrupt refusal to be a pawn in either of the major powers games is admirable, even if it comes with risks. With sovereign territory in the South China Sea at stake, Duterte is taking a gamble in realigning with Beijing, but if those two countries can settle their differences amicably and equitably, it will have been worthwhile. The other South-East Asian claimants to maritime territories in dispute are sure to follow suit.

During the Trump presidency, more than at any time before, China has a golden opportunity to show the region and the world that it is rational and responsible in its overseas dealings. With goodwill and a commitment to peace and stability, it can take advantage of America’s loss of credibility over the election of a man who is ignorant of foreign affairs and absent in the spirit of international diplomacy. Patriotism and profit alone guide Trump, and nearly half the American electorate stands by him.

Also to be expected is a cautious realignment among the more developed Asian powers particularly Japan, India and South Korea which might pursue greater mutual cooperation as a safeguard against potential American error and affront under Trump.

No one will be surprised, meanwhile, if President Trump cosies up to Russia. While he and Vladimir Putin deny there is any special bond between them, evidence to the contrary has mounted. But using Russia as a foil against China would be detrimental to American financial and geopolitical interests. And, for Asia, while Russian investment is welcome and valued, Moscow has only a modicum of Beijing’s economic clout.

Sources: The Nation/Asia News Network

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Be wary of these four types of financial predators


REGRETTABLY Malaysia seems to be fertile ground for all sorts of scammers. Just yesterday I received a text message from Bank Negara Malaysia, warning me not to open emails that claim they are from BNM and ask for payment verification.

The newspapers report every month on hundreds of Malaysians losing millions of Ringgit to all sorts of financial predators.

These are the four types of financial predators you should be aware of.

Financial predators that are selling you something amazing (for them). Some financial predators are trying to sell you something and only later you find out that the item is not the best use of your money at all.


Watch out for these financial predators
:

* The pyramid scheme operator who is selling you products which sound expensive and technologically sophisticated, but are worthless.

* The shop owner, who recommends expensive or high margin products, which turn out to be unpopular or old products to increase his profit or clear his inventory.

* The property agent, who pushes you to purchase a house despite knowing that there is a price correction coming. He just cares about getting his commission.

* Financial predators that want to make you rich (but make you poor instead).

Other financial predators are not selling you a product, but a dream: to be rich one day. You would be amazed to find out how much people are willing to spend in their pursuit of this dream. You can get rich in many ways, but not nearly as many, as ways in which you can get scammed.

For instance, consider:

*The investor or trader that is selling you currency, gold, stock or property with the promise of extremely high returns. Sometimes they don’t sell the assets, but a “secret” formula or (software) tool to always make a winning trade. Don’t fall for it!

* The prince, minister, lottery winner, retired general and other personalities which will reward you with a slice of their wealth. If first you pay some legal / custom fees.

* The fake lottery / contest predator, that tricks you into thinking you won a sizeable sum of money. You just need to pay up some administration fees before you can redeem your prize.

* The scratch & win agent and casino operator. “The house always wins.” You will bring more to the casino operator than he will give back.

* The (soccer) bookie, who extends upfront credit for you to place more bets and win back your losses. But if you keep losing, his friendly helpfulness will quickly vanish.

Financial predators that “just” want to help you (into bigger problems)

Some financial predators pretend they just want to help you – some may even say they have nothing to gain from it. Be aware of these sophists!

* The financial planner that gets more commission the more financial products you buy. Never mind whether you really need all that insurance and other financial products.

* The loan shark that will give you better rates or quicker disbursement than the bank, but asks much higher interest rates in return.

* The salesman that is selling you expensive insurance on top of your car / phone etc that already have guarantee from the manufacturer.

* The car dealerships and stores who encourage you to take their own (more expensive) financing plans instead of your bank’s instalment plans.

* The financial predator that is in love with you (or is it your money)?

* And then finally, the financial predator that lures you with dreams of romance. This one is the saddest of all, because doesn’t everyone deserve more genuine love in their life?

And isn’t it heart-breaking to see how scammers toy with people’s strongest desires, just for monetary gains?

Be aware for online girlfriends and boyfriends that contact you out of nowhere. Don’t be surprised when you find scammers that try to deceive you with romantic talk in the darkest of alleyways on the Internet (or just around the corner on Facebook and other social media apps).

Especially be wary if you have never seen your new love in real life or (s)he is a foreigner and needs your money in order to pay for visa or flights or to pay off local debts before (s)he is allowed to leave.

As you can tell, Malaysia and the world are full of financial predators. Don’t fall prey to them and become their lunch.

By Mark Reijman The Star/ANN

Mark Reijman is co-founder and managing director of https://www.comparehero.my/dedicated to increasing financial literacy and to help you save time and money by comparing all credit cards, loans and broadband plans in Malaysia. Keen on joining the team as a writer, then email mark@comparehero.my

Global Reset 2016~2017


In a world facing challenges and uncertainties, embrace opportunities for success through innovation.

“I went looking for my dreams outside of myself and discovered, it’s not what the world holds for you, it’s what you bring to it. –Anne Shirley”

THE world is currently at a paradox. Tensions and uncertainty for the future are rising in times of prevailing peace and prosperity. While changes are taking place at an incredibly fast speed, such changes are presenting unprecedented opportunities to those who are willing to innovate.

Recently, most global currencies had weakened against the US dollar (USD). This may give rise to some concern, but it is worth placing in proper perspective that most countries would trade with a few countries instead of just one. Furthermore, we are living in a world with low economic growth, increased mobility and rapid urbanisation.

In such a global landscape, it is important to embrace change and innovation in a courageous way to shape a better future. In L.M. Montgomery’s Anne of Green Gables, Anne Shirley said, “I went looking for my dreams outside of myself and discovered, it’s not what the world holds for you, it’s what you bring to it.”

Paradox, change and opportunity

In the World Economic Forum Global Competitiveness Report 2016-2017, World Economic Forum head of the centre for the global agenda and member of the managing board Richard Samans stated that at a time of rising income inequality, mounting social and political tensions and a general feeling of uncertainty about the future, growth remains persistently low.

Commodity prices have fallen, as has trade; external imbalances are increasing and government finances are stressed.

However, it also comes during one of the most prosperous and peaceful times in recorded history, with less disease, poverty and violence than ever before. Against this backdrop of seeming contradictions, the Fourth Industrial Revolution brings both unprecedented opportunity and an accelerated speed of change.

Creating the conditions necessary to reignite growth could not be more urgent. Incentivising innovation is especially important for finding new growth engines, but laying the foundations for long-term, sustainable growth requires working on all factors and institutions identified in the Global Competitiveness Index.

Leveraging the opportunities of the Fourth Industrial Revolution will require not only businesses willing and able to innovate, but also sound institutions, both public and private; basic infrastructure, health and education, macroeconomic stability and well-functioning labour, financial and human capital markets.

World Economic Forum editor Klaus Schwab stated in The Fourth Industrial Revolution that we are at the beginning of a global transformation that is characterised by the convergence of digital, physical and biological technologies in ways that are changing both the world around us and our very idea of what it means to be human. The changes are historic in terms of their size, speed and scope.

This transformation – the Fourth Industrial Revolution – is not defined by any particular set of emerging technologies themselves, but by the transition to new systems that are being built on the infrastructure of the digital revolution. As these individual technologies become ubiquitous, they will fundamentally alter the way we produce, consume, communicate, move, generate energy and interact with one another.

Given the new powers in genetic engineering and neurotechnology, they may directly impact who we are, and how we think and behave. The fundamental and global nature of this revolution also pose new threats related to the disruptions it may cause, affecting labour markets and the future of work, income inequality and geopolitical security, as well as social value systems and ethical frameworks.


A dollar story

When set in a global landscape where there is uncertainty for the future, when compared to other countries, Malaysia’s economy is performing quite well.

ForexTime vice president of market research Jameel Ahmad said, “When you combine what is happening on a global level, the Malaysian economy is in quite an envious position.”

For 2016, the USD has moved to levels not seen in over 12 years. The dollar index is trading above 100. This was previously seen as a psychological top for USD.

The Malaysian ringgit (MYR) is not alone in the devaluation of its currency. All of the emerging market currencies have been affected in recent weeks.

Similarly, the British £(GBP) has lost 30% this year, falling from US$1.50 to US$1.25 per GBP. The Euro (EUR) has fallen from US$1.15 to US$1.05 in three weeks.

The China Yuan Renmenbi (CNY) is hitting repeated historic lows against the USD. The CNY is only down around 5%.

Jameel believes that the outlook for the USD will be further strengthened. While the dollar was already expected to maintain demand due to the consistent nature of US economic data, the levels of fiscal stimulus that US Presidentelect Donald Trump is aiming to deliver to the US economy will encourage borrowing rates to go up.

This means that it is now more likely than ever that the Federal Reserve will need to accelerate its cycle of monetary policy normalisation (interest rate rises).

Most were expecting higher interest rates in 2017. Trump has also publicly encouraged stronger interest rates. However, when considered that Trump is also promising heavy levels of fiscal stimulus, there is a justified need for higher interest rates, otherwise inflation in the United States will be at risk of getting out of control.

The probability for further gains in the USD due to the availability of higher yields from increased interest rates will mean further pressure to the emerging market currencies.

With populism resulting in victories in both the United States’ presidential election and the EU referendum in the United Kingdom in 2016, attention should be given to the real political issues in Europe and the upcoming political elections in 2017, such as those in Germany and France.

Jameel said, “Until recently, political instability was only associated with developing economies. We are now experiencing a strong emergence across the developed markets. This might lure investors towards keeping their capital within the emerging markets longer. Only time will tell.”

In Malaysia’s case, the economy is still performing at robust levels, despite slowing headline growth. Growth rates in Malaysia are still seen as significantly stronger than those in the developed world.

There are going to be challenges from a stronger USD and other risks such as slowing trade, but the emerging markets are still recording stronger growth rates than the developed world.

Adapting to creative destruction

In a world where changes are taking place rapidly, the ability to adapt to changes plays an important role in encouraging innovation and growth. Global cities are achieving rapid growth by attracting the talented, high value workers that all companies, across industries, want to recruit.

In an era where 490 million people around the world reside in countries with negative interest rates, over 60% of the world’s citizens now own a smartphone and an estimated four billion people live in cities, which is an increase of 23% compared to 10 years ago, these three key trends are shaping our times.

Knight Frank head of commercial John Snow and Newmark Grubb Knight Frank president James D. Kuhn shared that the era of low to negative interest rates has reduced investors’ expectations on what constitutes an acceptable return. The financial roller coaster ride that led to this situation has made safe haven assets highly sought after.

A volatile economy has not stopped an avalanche of technological innovation. Smartphones, tablets, Wi-Fi and 4G have revolutionised the spread of information, increased our ability to work on the move, and led to a flourishing of entrepreneurship.

Fast-growing cities are taking centre stage in the innovation economy and in most of the global cities, supply is not keeping pace with demand for both commercial and residential real estate.

Consequently, tech and creative firms are increasingly relying upon pre-let deals to accommodate growth, while their young workers struggle to find affordable homes.

As the urban economy becomes increasingly people-centric, regardless of a city being driven by finance, aerospace, commodities, defence or manufacturing, the most important asset is a large pool of educated and creative workers.

Consequently, real estate is increasingly a business that seeks to build an environment that attracts and retains such people.

Knight Frank chief economist and editor of global cities James Roberts said, “We are moving into an era where creative people are a highly prized commodity. Cities will thrive or sink on their ability to attract this key demographic.

“A characteristic of the global economy in the last decade has been the phenomenon of stagnation and indeed decline, occurring alongside innovation and success. If you were invested in the right places and technologies, the last decade has been a great time to make money; yet at the same time, some people have lost fortunes.

“The locations that have performed best in this unpredictable environment have generally hosted the creative and technology industries that lead the digital revolution, and disrupt established markets.” The rise of aeroplanes, automobiles and petroleum created economic booms in the cities that led the tech revolution of the 1920s and 30s. Yet elsewhere, recession descended on locations with the industries that lost market share to those new technologies like ship building, train manufacturing and coal mining.

In a world where abundant economic opportunities in one region live alongside stagnation elsewhere, it is not easy to reconcile the fact that countries that were booming just a few years ago on rising commodity prices are now adapting to slower growth.

Just as surprising are Western cities that are now thriving as innovation centres, when they were dismissed as busted flushes in 2009 due to their high exposure to financial centres.

Roberts said, “This is creative destruction at work in the modern context. The important lesson for today’s property investor or occupier of business space, is to ensure you are on-the ground where the ‘creation’ is occurring and have limited exposure to the ‘destruction’. This is not easy, as the pace of technological change is accelerating at a speed where the old finds itself overtaken by the new.

“However, real estate in the global cities arguably offers a hedged bet against this uncertainty due to the nature of the modern urban economy, where those facing destruction, quickly reposition towards the next wave of creation.”

The industries that drive the modern global city are not dependent upon machinery or commodities but people, who deliver economic flexibility.

A locomotive plant cannot easily retool to make electric cars, raising a shortcoming of the single industry factory town. Similarly, an oil field in Venezuela has limited value for any other commercial activity.

However, a modern office building in a global city like Paris can quickly move from accommodating bankers in rows of desks to techies in flexible work space. Therefore, there is adaptability in the people in a service economy city which is matched by the city’s real estate.

In the people-driven global cities, a new industry can redeploy the ‘infantry’ from a fading industry via recruitment. Similarly, the professional and business service companies that served the banks, now serve a new clientele of digital firms.

In contrast, manufacturing or commodity-driven economies face greater barriers when reinventing themselves.

Today, landlords across the world struggle with how to judge the covenants of firms who have not been in existence long enough to have three years of accounts, but are clearly the future.

Consequently, both landlord and tenant need to approach real estate deals with flexibility. Landlords will need to give ground on lease term and financial track record, and occupiers must compensate the landlord for the increased risk via a higher rent.

Another big challenge for the Western global cities will be competition from emerging market cities that succeed in repositioning themselves away from manufacturing, and towards creative services. The process has started, with Shanghai now seeing a rapid expansion of its tech and creative industries.

The big Western centres still lead in services, but the challenge from emerging markets cities did not end with the commodities rout. They are just experiencing creative destruction and will emerge stronger to present a new challenge to the West.

From Mak Kum Shi The Star/ANN
 

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


 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Structural defects to blame, stop history repeating itself !


Sniffing out signs of life: The K-9 unit of the City Fire and Rescue operations looking for possible victims at the site of the bridge collapse near Kampung Haji Abdullah Hukum in Kuala Lumpur.

KUALA LUMPUR: Structural failure possibly caused the collapse of an under-construction pedestrian bridge at KL Eco City near Kampung Haji Abdullah Hukum here.

Department of Occupational Safety and Health (DOSH) director-general Datuk Mohtar Musri said the initial investigation suggested that a defective structure could have led to the disaster on Wednesday.

He said the department would refer to the Construction Industry Development Board (CIDB) and Kuala Lumpur City Hall regarding the quality of materials used in the construction of the bridge.

Works Minister Datuk Seri Fadillah Yusof said a task force has been set up to probe the incident.

He said the result of the investigation was expected to be made public in a month, and that tough action could be taken against the developer if it was found to have flouted safety regulations.

“We can bring them to court, not just under DOSH but CIDB too. Under the CIDB Malaysia Act 1994, they can face a RM500,000 fine or a two-year jail sentence,” he said.

The RM7mil pedestrian bridge linking the planned KL Eco City project to the Gardens Shopping Mall in Mid Valley, which was still under construction, collapsed and killed one worker and injured five others on Wednesday.

The search-and-rescue operation at the site of the incident was halted after it was confirmed that there was no worker trapped underneath the mangled brick-and-iron structure.

City Fire and Rescue Department deputy operations chief Ruhisha Haris said K-9 teams had confirmed that there were no signs of a body.

However, the mystery of the missing construction worker remains.

“We first received information that a worker might have been trapped because a colleague saw him under the bridge minutes before it collapsed.

“A head count by the developer also revealed a missing worker, but they were unable to give us a name,” he said.

The dead victim has been identified as Tran Xuan Vang, 21, from Vietnam. Two other Vietnamese, Tran Van Hai and Luong Van Guyet, as well as Indonesian Nor Syamsi, Bangladeshi MD Jashim and Pakistan national Rais Aman Majid were injured and are currently being treated at Universiti Malaya Medical Centre.

Medical staff were forced to amputate Rais’ left leg on site to save his life.

In a statement issued on the day of the incident, SP Setia, the developer of the project, said it deeply regretted the incident and was working with the authorities in the investigation.

“The project team is still assessing the situation,” it said.

Work on the KL Eco City project – a mixed development comprising three residential towers, one serviced apartments tower, three corporate office towers, 12 boutique office blocks and one retail podium – started in 2011 and is scheduled to be fully completed by 2023.

Commenting on the incident, National Institute of Occupational Safety and Health chairman Tan Sri Lee Lam Thye said the time had come for players in the construction industry to practise their commitment to safety.

“All these accidents are preventable if the person in charge puts into practice good occupational and safety health measures and the site safety supervisor makes sure work is done properly,” he said.

By M. kumar and Nicholas Cheng The Star/Asian News Network

Stop history repeating itself

THE Consumers’ Association of Penang (CAP) is horrified with the news of the collapse of the incomplete pedestrian bridge meant to connect KL Eco City and Mid Valley Megamall in Bangsar, Kuala Lumpur.

Not even a month after a couple was crushed by a piling rig that fell on them at a construction site along Persiaran Astana, Klang, another tragic incident leading to serious injury and death has occurred.

If all the parties involved in the building industry – including the local councils, developers, contractors, architects, quantity surveyors, structural engineers, DOSH and all the others – had carried out their roles and functions efficiently, this could have been prevented.

Despite our repeated calls for the Government to conduct a full inquiry into the operations of the Department of Safety and Health (DOSH), it would seem like the relevant authorities are unable to comprehend the gravity of the situation.

When incidents like this happen, it becomes clear to us that DOSH and developers do not have their priorities right.

Instead of working on preventing such incidents, they wait until it happens before scrambling to take corrective measures to fix the problem.

The issue here is that there are no corrective measures that can be taken once a life is lost; that is not something that can be recovered.

Universiti Sains Malaysia’s (USM) Professor Datuk Dr Mahyuddin Ramli has been reported saying that incidents of this nature can happen when contractors do not comply with safety standards.

In this case, he said that concrete takes at least a week to dry and harden; the wet weather we have been experiencing means it will take even longer.

The USM professor also said that another way something like this can happen is if contractors do not use proper scaffolding during the construction process.

The distance between scaffolds and the size of the scaffolds used are very important as they will vary according to the structure they are meant to hold up.

DOSH’s director-general, Datuk Mohtar Musri, has stated that their initial investigation suggested that the incident happened because the structure was defective.

He said that they need to look into the quality of the materials that were used to construct the pedestrian bridge.

Whatever the cause, the relevant authorities and the public need to be aware that this is just history repeating itself.

If the incident did truly happen because of a structural defect, then it needs to be made clear that nobody can plead ignorance.

DOSH safety officers and onsite safety inspectors should have known about the structural defects if they did exist.

This begs the question of whether or not proper safety inspections were done at the appropriate stages by the relevant parties.

We ask that the results of the investigation into the latest incident be shared with the general public.

CAP would also like to know what happened to the findings from the investigation of previous incidents.

Why has this information not been shared with the public when their lives are also put in danger by the conduct of those at construction sites?

In view of this, CAP calls for penal action to be taken against all parties who have been involved in the project. They should all be held accountable even if they were not directly involved.

By S. M. MOHAMED IDRIS President Consumers Association of Penang

[PDF]The Law of Construction Defects and Failures

 Worker killed in bridge collapse tragedy

https://www.youtube-nocookie.com/embed/3QFRF_5oRAY

The Star Graphics:  http://clips.thestar.com.my.s3.amazonaws.com/Interactive/midvalley/midvalley.mp4

KUALA LUMPUR: A Vietnamese construction worker was killed and five others were injured when a 70m yet-to-be-completed bridge near Jalan Kampung Haji Abdullah Hukum and Mid Valley Megamall collapsed.

The victim was buried in the rubble of the collapsed pedestrian bridge.

As of press time, rescue workers were still searching for a Bangladeshi worker believed to be trapped in the rubble.

The authorities have since mobilised the K9 unit to locate him.

The firemen and paramedics were seen changing shift as the rescue mission continued into the night. Some were heard saying that locating the victim would be challenging.

However, all the rescuers were resolute in their attempt to find the last victim, never once giving up hope.

The five injured workers – two Vietnamese, two Bangladeshis and an Indonesian – were sent to the Universiti Malaya Medical Centre for treatment.

Brickfields OCPD Asst Comm Sharul Othman Mansor said the bridge was 80% completed when the incident occurred.

“We are still investigating the incident.

“We were alerted at about 4pm of the incident and quickly mobilised a search-and-rescue team,” he said at the scene.

Four roads were also affected by massive jams due to the incident.

According to Star Media Radio Traffic, the affected roads were the Federal Highway from the arch, the Kerinchi Link after the Pantai toll plaza, Kerinchi Intersection from Bangsar South or Pantai Medical Centre and Jalan Syed Putra from the Kuen Cheng School till the Robson Intersection.

While the main reason for the traffic congestion was due to certain road closures to make way for rescue workers, traffic was backed up near the mall due to many motorists slowing down to see the collapsed bridge.

Mall patrons, construction workers and curious onlookers were seen crowding the area near the bridge, where it was cordoned off for safety precautions.

By Farik Zolkepli, Jastin Ahmad Tarmizi, and Austin Camoens The Star/ANN

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Govt may handle workplace safety

Fadillah: Independent monitoring likely

KUALA LUMPUR: The Government would like to take over the job of monitoring safety at construction sites away from developers following a string of deaths as a result of mishaps in the last three months.

Those duties, said Works Minister Datuk Seri Fadillah Yusof, may be entrusted to third party organisations that will be given autonomy in the planning, execution and supervision of workplace safety at construction sites.

Usually, these jobs are handled by contractors hired by the project developers but Fadillah said that this would mean the monitoring process was not independent.

Speaking at the launch of the Sustainable Construction Excellence Centre (Mampan), the minister said the suggestion for independent monitoring was brought up by the experts at the centre.

Mampan is headed by the Construction Research Institute of Malaysia (Cream), a subsidiary of the Government’s Construction Industry Development Board (CIDB).

Fadillah said the proposal to appoint third party safety monitors would be implemented first in Government construction projects.

He added that he hoped the private sector construction industry would do the same.

Currently, the Department of Occupational and Safety Hazard (DOSH) monitors government projects but it is reportedly too understaffed to keep track of every project.

For now we will have to make do with existing laws. This is why we need a commitment from the industry players,” he told reporters after the launch.

For now we will have to make do with existing laws. This is why we need a commitment from the industry players. Datuk Seri Fadillah Yusof

He said that Mampan would be a key organisation under the Government’s environmental sustainability initiative for its Construction Industry Transformation Programme.

The centre will undertake research with Universiti Teknologi Malaysia, Universiti Kebangsaan Malaysia, Universiti Sains Malaysia and the Rehda Institute to instil better industry practices, certification and awareness in the construction industry.

“We don’t want to build bridges that have no resilience and collapse when there is a flood.

“Our short-term goal is to position Malaysia as a regional leader in sustainability in construction and to raise the perception of sustainability in construction here,” he said.

Fadillah witnessed the signing of a Memorandum of Understanding between Cream chairman Tan Sri Dr Ahmad Tajuddin Ali and academics from the four universities and research institutes which will be a part of the new centre.

By NICHOLAS CHENG The Star/ANN

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