Penang floods and landslides, looking beyound natural causes!


Seeking solutions: Penang Forum member and soil expert Dr Kam Suan Pheng giving her views during the dialogue session themed ‘Penang Floods: A Call for Action’ held at Teow Chew Association in Chulia Street, George Town.  (Top pic, front from right) Pulau Betong assemblyman Datuk Dr Muhammad Farid Saad, state Opposition Leader Datuk Jahara Hamid and Penanti assemblyman Dr Norlela Ariffin among the participants.
From left) Sim, Cheah, Dr Norlela, Jahara, Shah Headan, Lee and Yap occupying the front row at the dialogue on floods organised by Penang Forum.

Expert: Debris clogging waterways among reasons for flash floods

Some 200 people comprising mostly politicians, experts and residents gather in a dialogue session to discuss the long-standing problem plaguing Penang. Many voice their concerns that over-development in the state could be the cause of the headache.

HEAVY rainfall and high tides are natural causes of floods which cannot be avoided.

However, soil expert and scientist Dr Kam Suan Pheng said there were also other reasons that caused the constant flash floods in Penang.

She said limited capacity to channel off discharge and surface flow which led to water accumulation downstream were some of the causes that resulted in flash floods.

“These issues have been addressed in flood mitigation.

“However, we also have to tackle the causes of increasing impermeable surface areas and debris clogging up waterways, which are also the root causes of flooding problems,” said Dr Kam in her talk on ‘Understanding the Causes of Floods and Seeking Solutions’ yesterday.

Dr Kam, who is also a Penang Forum member, said having proper planning on land usage and development controls, creating more urban spaces and parks besides river bank protection were also vital in flood prevention.

“Stringent monitoring on development projects and protection of hill land and hillslopes are important.

“To do so, policy and legal instruments have to be deployed, while environmentally sensitive and ecologically friendly structural and non-structural solutions should be adopted,” she said.

Dr Kam was one of the speakers at a dialogue session themed ‘Penang Floods: A Call for Action’ held at the Teow Chew Association in Chulia Street.

<< Stringent protection of hill land and hillslopes are vital, says Dr Kam.

Joint Resident Associations of Bandar Baru Ayer Itam chairman K. Suthakar said that for the past two to three years, residents living in Bandar Baru Ayer Itam have been suffering from flash floods.

He said there were some 20 housing schemes in the township comprising 10,000 housing units with a population of 16,000.

“The residents had to face the brunt of it when the whole city was underwater on Sept 15.

“I visited the retention ponds in Lebuh Rambai and Desa Permata Bandar Baru Ayer Itam on Saturday to check whether the ponds have been deepened.

“Sadly, nothing has been done,” he said.

He asked some of the state assemblymen, who were present at the dialogue session, to raise the issue when the state assembly convenes on Thursday.

When hills are at their natural state, they will not collapse, says Aziz Noor. >>

Environmental, health and safety consultant Aziz Noor, in his talk on ‘Implications of Hillside Development’, said landslides commonly happened on hillsides or slopes that were cleared.

“When the hills are at their natural state, they will not collapse.

“But when the natural state is violated with the slopes being cut, then landslides are bound to happen.

“Whenever there is a downpour on the cut hill slopes, there would be mudslides contributing to muddy flash floods as well,” he said.

Filepic of recent flooding in Taman Thean Tek, Ayer Itam, Penang.

The dialogue session saw a packed hall of almost 200 people, comprising mostly residents and representatives of residents associations who were affected by the recent flash floods.

Several state assemblymen and politicians from both sides of the divide also turned up at the event organised by Penang Forum and Residents Association of Penang.

Among those present were Penang Barisan Nasional chairman Teng Chang Yeow, state Opposition Leader Datuk Jahara Hamid, Pulau Betong assemblyman Datuk Dr Muhammad Farid Saad, Teluk Bahang assemblyman Datuk Shah Headan Ayoob Hussain Shah, Kebun Bunga assemblyman Cheah Kah Peng, Penanti assemblyman Dr Norlela Ariffin, Machang Bubuk assemblyman Lee Khai Loon, Pulau Tikus assemblyman Yap Soo Huey and Bayan Baru MP Sim Tze Tzin.

Sources: The Star by Logeiswary Thevadas

Engineer: Look out for ‘ticking time bombs’ from hill slopes

GEORGE TOWN: A geotechnical engineer has warned the authorities that steeply-cut hill slopes are “ticking time bombs” that need constant monitoring and maintenance.

Zeezy Global geotechnical and environmental consultant Aziz Noor said in view of the Tanjung Bungah landslide on Oct 21 that took the lives of 11 workers, all authorities, not only in Penang but throughout Malaysia, should keep an eye on all steep slopes as disaster might strike at any time.

He said although a hill slope might appear fine from the outside, it could be on the brink of collapse due to water pressure and vibrations from the surrounding environment.

“Most of these slopes are clay mixed with sand. Clay has an affinity ( to stick together). At particle level, they can hold up.

“When water comes down steep slopes they break the affinity of these particles. And yet they still hold up but it just speeds up the time of the collapse.

“That is why they do not fall right away. They are a time bomb, a disaster waiting to happen,” he said at a talk hosted by Penang Forum today.

Aziz, an American-trained environmental and geotechnical expert, was manager of an independent consultant engineering firm investigating the aftermath of the Highland Towers collapse in Ulu Kelang, Selangor, in 1993, in which 48 people were killed.

He said hills cut beyond their “natural angle” were the ones to watch out for.

“A hill slope that is cut beyond its natural stable angle is not a stable slope. Such slopes are at high risk of failure and can end up in landslides.

“When you have bare slopes like that, the portion of runoff is large; the steeper the slope, the faster the ‘teh tarik’ (mud slide) comes down.

“Basically, when the water runs off faster, the more erosion it causes, and the faster it will go down to lower-lying areas and cause flash floods with silt,” he said.

Aziz said to prevent such disasters from happening, engineers ought to cut hills at a more natural angle and ensure drain holes are built into them.

He said drain holes would release the “water stress” that might be building up beneath the slopes.

Aziz stressed that these measures were not one-off solutions and required constant monitoring from all parties.

“Ordinary folk might think, okay, looks like a nice concrete wall. But you do not know what is going on underneath, and hence, you need to maintain the hillslopes from time to time.

“That is why you see the slopes on our PLUS highway are constantly being maintained. It is something you do not mess around with,” he said.

Aziz said many construction sites cut corners by placing plastic sheets on cut hillslopes, which would not help much in preventing landslides.

“This is akin to putting a band-aid on a very sick person,” he said.

On the Tanjung Bungah landslide, Aziz said the state authorities must beef up their monitoring teams and place them on full patrol at all sites in the state.

“We need all the ‘jabatan’ (departments) to wake up and not sleep behind the wheel. Present-day laws are adequate to enforce and punish those who flout the law.”

Sources: Free Malaysia Today

Penangites upset with DAP reps for skipping dialogue

Front row, from right) Penang Barisan Nasional chairman Teng Chang Yeow, Pulau Betong representative Muhammad Farid Saad and state opposition leader Jahara Hamid at the Penang Forum dialogue on flood woes and hill site developments. – The Malaysian Insight pic, October 29, 2017.
RESIDENTS associations in Penang today were upset that most of their elected representatives skipped a dialogue on flood woes and hill site developments, as local civil society groups continue to push for a moratorium on hill projects.
Penang Forum, a coalition of local civil society groups, had invited the state’s elected reps, but fewer than 10 turned up at the dialogue that drew about 200 people to the Teochew Association in George Town.
The assemblymen seen among the crowd were state opposition leader Jahara Hamid (Teluk Air Tawar), Muhammad Farid Saad (Pulau Betong) and Shah Headan Ayoob Hussain Shah (Teluk Bahang) from Barisan Nasional (BN); and Cheah Kah Peng (Kebun Bunga), Dr Norlela Ariffin (Penanti) and Lee Khai Loon (Machang Bubok) from PKR.
Pulau Tikus rep Yap Soo Huey was the sole DAP assemblyman present while the only MP at the dialogue was PKR’s Sim Tze Tzin of Bayan Baru. The only other DAP member present was Penang Island City councillor Syerleena Abdul Razak.
Also present were Penang BN chairman Teng Chang Yeow, several Gerakan leaders, and Penang Front Party’s Patrick Ooi, who has been critical of the Penang government in the past.
Jahara said the BN reps in the Penang legislative assembly would table a motion to call for all hill land and slope projects to be halted.
“We are not here to point fingers, but fingers have to be pointed at the authorities,” she said.
Norlela, one of the most vocal PKR reps on local developmental issues, said she hoped Pakatan Harapan and BN could set aside their differences to solve flood woes and developmental issues in the state.
Norlela was one of five PKR government backbenchers who abstained from voting to reject a BN motion on land reclamation during the state legislative assembly in November 2015.
DAP holds the most seats in the Penang legislative assembly with 19 out of 40. PKR has 10 while PAS has one seat. BN’s Umno holds the remaining 10.
In a press conference last week after a landslide in Tanjung Bungah killed 11 construction workers, some residents association reps warned the state government that it could lose votes if it continued to allow hill site developments and ignored the people’s objections.
At the dialogue today, the joint residents association rep for Bandar Baru Ayer Itam, K. Suthakar, took a dig at the elected officials when speaking about flood woes in his area. He said Lebuhraya Thean Teik had “turned into a river” when a bad flood hit last month, causing residents to miss work and school.
“Why do they become elected reps? Because they want to serve the people, to solve their problems. But after the election, you don’t see them for three or four years. People are crying for help but you have no time to come,” he said.
Tanjung Bungah Residents Association chairman Meenakshi Raman also said she had expected more than 10 elected reps to attend the dialogue.
“We are disappointed that not many could attend. We had hoped to see more DAP reps,” she said.
It was learned that DAP had an internal party programme at the same time this morning on mainland Penang in preparation for the party’s special congress on Nov 12 to re-elect its central leadership committee.
Meenakshi said the residents association and other civil groups, which recently criticised the state government over hill site developments and flash flood incidents in Penang, were still willing to engage the powers that be in dialogue.
This was despite the association not getting replies to letters it recently sent out to all Penang assemblymen and MPs on its demands to solve flash flood problems.
“We are ordinary people. We have nothing against them, but some (leaders) have accused us of being arrogant. Elected reps must be accountable. There is nothing wrong with the people asking the state government and their YBs (assemblymen) what they are doing,” she told The Malaysian Insight after the dialogue.

Climate change
Meanwhile, Dr Kam Suan Pheng, an expert in geographical information systems, told the dialogue session that floods in Penang were caused by both weather conditions and human activities, adding that the situation would worsen with climate change.
“Since 2003, the emerging trend for rainfall is increasing. Flash floods will be more frequent, happening at lower rainfall thresholds.
“With climate change, we can expect heavier and more intense rainfall,” she said, adding that Penang’s urban drainage was not well planned enough to prevent floods.
Kam said the authorities must tackle the root causes with proper land use planning and development control, stringent protection of hills and river banks, strict monitoring of development projects, and by increasing the number of urban parks.
She said the authorities must also look beyond the environmental, drainage, transportation and social impacts of individual projects, use existing laws and policies and adopt eco-friendly solutions.
Aziz Noor – a consultant with more than 30 years’ experience in areas of environment, health and safety in Malaysia and overseas – said Penang should take the recent Lembah Permai landslide as a wake-up call.
“Legislative controls are more than adequate but compliance is sporadic. Enforcement has been weak,” said Aziz, who is managing director of Penang-based consulting firm Zeezy Global.
Another speaker at the dialogue, lawyer Agatha Foo, said legally, the state should stop development on ecologically-sensitive land over 76m above sea level and on slopes over 25 degrees gradient using existing laws and guidelines.
She also said the authorities could impose strict enforcement, and seek a jail sentence for company directors whose firms violate the law as a more effective deterrent than fines. – October 29, 2017.

 

Looi Sue-ChernSource: The Malaysian Insight by   
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Group: Stop approving hill slope projects – Metro News

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Front row, from right) Penang Barisan Nasional chairman Teng Chang Yeow, Pulau Betong representative Muhammad Farid Saad and state opposition leader Jahara Hamid at the Penang Forum dialogue on flood woes and hill site developments. – The Malaysian Insight pic, October 29, 2017.

RESIDENTS associations in Penang today were upset that most of their elected representatives skipped a dialogue on flood woes and hill site developments, as local civil society groups continue to push for a moratorium on hill projects.

Penang Forum, a coalition of local civil society groups, had invited the state’s elected reps, but fewer than 10 turned up at the dialogue that drew about 200 people to the Teochew Association in George Town.

The assemblymen seen among the crowd were state opposition leader Jahara Hamid (Teluk Air Tawar), Muhammad Farid Saad (Pulau Betong) and Shah Headan Ayoob Hussain Shah (Teluk Bahang) from Barisan Nasional (BN); and Cheah Kah Peng (Kebun Bunga), Dr Norlela Ariffin (Penanti) and Lee Khai Loon (Machang Bubok) from PKR.

Pulau Tikus rep Yap Soo Huey was the sole DAP assemblyman present while the only MP at the dialogue was PKR’s Sim Tze Tzin of Bayan Baru. The only other DAP member present was Penang Island City councillor Syerleena Abdul Razak.

Also present were Penang BN chairman Teng Chang Yeow, several Gerakan leaders, and Penang Front Party’s Patrick Ooi, who has been critical of the Penang government in the past.

Jahara said the BN reps in the Penang legislative assembly would table a motion to call for all hill land and slope projects to be halted.

“We are not here to point fingers, but fingers have to be pointed at the authorities,” she said.

Norlela, one of the most vocal PKR reps on local developmental issues, said she hoped Pakatan Harapan and BN could set aside their differences to solve flood woes and developmental issues in the state.

Norlela was one of five PKR government backbenchers who abstained from voting to reject a BN motion on land reclamation during the state legislative assembly in November 2015.

DAP holds the most seats in the Penang legislative assembly with 19 out of 40. PKR has 10 while PAS has one seat. BN’s Umno holds the remaining 10.

In a press conference last week after a landslide in Tanjung Bungah killed 11 construction workers, some residents association reps warned the state government that it could lose votes if it continued to allow hill site developments and ignored the people’s objections.

At the dialogue today, the joint residents association rep for Bandar Baru Ayer Itam, K. Suthakar, took a dig at the elected officials when speaking about flood woes in his area. He said Lebuhraya Thean Teik had “turned into a river” when a bad flood hit last month, causing residents to miss work and school.

“Why do they become elected reps? Because they want to serve the people, to solve their problems. But after the election, you don’t see them for three or four years. People are crying for help but you have no time to come,” he said.

Tanjung Bungah Residents Association chairman Meenakshi Raman also said she had expected more than 10 elected reps to attend the dialogue.

“We are disappointed that not many could attend. We had hoped to see more DAP reps,” she said.

It was learned that DAP had an internal party programme at the same time this morning on mainland Penang in preparation for the party’s special congress on Nov 12 to re-elect its central leadership committee.

Meenakshi said the residents association and other civil groups, which recently criticised the state government over hill site developments and flash flood incidents in Penang, were still willing to engage the powers that be in dialogue.

This was despite the association not getting replies to letters it recently sent out to all Penang assemblymen and MPs on its demands to solve flash flood problems.

“We are ordinary people. We have nothing against them, but some (leaders) have accused us of being arrogant. Elected reps must be accountable. There is nothing wrong with the people asking the state government and their YBs (assemblymen) what they are doing,” she told The Malaysian Insight after the dialogue.

Climate change

Meanwhile, Dr Kam Suan Pheng, an expert in geographical information systems, told the dialogue session that floods in Penang were caused by both weather conditions and human activities, adding that the situation would worsen with climate change.

“Since 2003, the emerging trend for rainfall is increasing. Flash floods will be more frequent, happening at lower rainfall thresholds.

“With climate change, we can expect heavier and more intense rainfall,” she said, adding that Penang’s urban drainage was not well planned enough to prevent floods.

Kam said the authorities must tackle the root causes with proper land use planning and development control, stringent protection of hills and river banks, strict monitoring of development projects, and by increasing the number of urban parks.

She said the authorities must also look beyond the environmental, drainage, transportation and social impacts of individual projects, use existing laws and policies and adopt eco-friendly solutions.

Aziz Noor – a consultant with more than 30 years’ experience in areas of environment, health and safety in Malaysia and overseas – said Penang should take the recent Lembah Permai landslide as a wake-up call.

“Legislative controls are more than adequate but compliance is sporadic. Enforcement has been weak,” said Aziz, who is managing director of Penang-based consulting firm Zeezy Global.

Another speaker at the dialogue, lawyer Agatha Foo, said legally, the state should stop development on ecologically-sensitive land over 76m above sea level and on slopes over 25 degrees gradient using existing laws and guidelines.

She also said the authorities could impose strict enforcement, and seek a jail sentence for company directors whose firms violate the law as a more effective deterrent than fines. – October 29, 2017.

 

Looi Sue-ChernSource: The Malaysian Insight by   
Related Link:

Sole DAP rep heckled at Penang woes talks

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Tanjung Bungah rep wants to quit DAP – Nation

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Datuk Shafie Apdal nabbed in MACC investigation


KOTA KINABALU: Datuk Seri Mohd Shafie Apdal has been arrested, a day before his 60th birthday and after nearly four hours of questioning by the Malaysian Anti-Corruption Commission.

Shafie, who was arrested at 9pm yesterday, is expected to be taken to the Kota Kinabalu High Court to be remanded today. MACC deputy chief commissioner (operations) Datuk Azam Baki confirmed the arrest.

The Parti Warisan Sabah president arrived at the MACC office at about 5.15pm yesterday, after flying in from Kuala Lumpur, to be questioned over projects implemented during his watch as Rural and Regional Development Minister between 2009 and 2015.

In a white shirt, Shafie Apdal was accompanied by his wife Datin Seri Shuryani Shuaib; Warisan vice-president Datuk Peter Anthony who was detained earlier and released on bail; and their lawyers Martin Tommy and Loretto Padua.

Before he left for the MACC office, Shafie told reporters at his Taman Gold View home: “We are willing to facilitate and when they called me, I flew back from Kuala Lumpur.

“It’s a process of law and we need to give our cooperation. We are not going to obstruct and I know that MACC is just doing its job.”

He also said that he was saddened by the detention of his two siblings – Hamid and Yusof – in the investigation but reiterated that MACC was just doing its job.

Urging his supporters to remain calm and to continue the party’s work, Shafie and a relative led a short prayer before heading to the MACC office.

Earlier, a crowd of supporters gathered at the Kota Kinabalu International Airport to greet him.

Later, Shafie was taken to Queen Elizabeth Hospital for overnight observation for having high blood pressure, said his lawyer and Warisan deputy president Darell Leiking.

MACC has so far arrested 10 people, including Shafie’s brothers, his nephew Warisan Youth chief Azis Jamman, Peter, Tenom Umno Youth chief Jamawi Jaafar and his Tawau counterpart Ariffin Kassim, Warisan media representative Armarjit Singh, Hamid’s son-in-law Manzur Hussein Awal Khan, a 52-year-old local contractor and a 40-year-old senior civil servant in Putrajaya, over the case.

Hamid, who was warded at Damai Specialist Hospital for health problems since Sunday has been released on MACC bail.

Magistrate Stephanie Sherron Abbie, granted Hamid bail at RM50,000 in two sureties.

MACC prosecuting officer Mohd Faliq Basirudin said Hamid’s remand was supposed to only end today but he was released earlier because the investigation on him was complete.

Stephanie went to Gleneagles Hospital later, for the release of Manzur, 37, who is also warded over health issues.

He was granted bail at RM30,000 in two sureties and ordered to report once a month to the MACC office.

Yusof is still in MACC custody.

 Source: by stephanie leeruben sario The Star





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Another government department, seriously? Beef up the existing enforcement agencies !


YET another government department is going to be set up. Isn’t it common knowledge that the Government has serious budget constraints and is not recruiting to add to an already bloated civil service? And now, another tale of bureaucracy is being spun.

No wonder Malaysian Anti-Corruption Commission chief commissioner Tan Sri Dzulkifli Ahmad is upset over the planned formation of the National Integrity and Good Governance Department (JITN)

Minister in the Prime Minister’s Department Datuk Paul Low has said the proposed department is expected to improve good governance in the civil service.

How would the JITN as a new and probably tiny department be able to do the job? It would probably involve plenty of miracles since there is a reported 1.6 million civil servants to deal with, although Cuepacs says the figure is only at 500,000. It will be a Herculean task to move this mountain of manpower for what’s needed.

Low must surely have good intentions in wanting to set up the JITN, but its objectives and plans remain, at best, vague, at this point.

Its name and role seem almost identical to that of the Integrity Institute of Malaysia (IIM) and Enforcement Agency Integrity Commission.

The IIM, the brainchild of then Prime Minister Tun Abdullah Ahmad Badawi, was set up in 2004 and continues to function.

Its website reads: “IIM’s role is to facilitate the aims and objectives of the National Integrity Plan (NIP). The main objective of IIM is to act as a machinery in the implementation of the NIP towards developing a nation that is of high integrity, resilient and that embraces universal good values.”

The key roles of the institute are: to conduct research related to the integrity of institutions and that of the community; to organise conferences, seminars and forums; to elicit opinions from various sectors on the progress made or on the obstacles faced in implementing integrity; to publish and circulate printed materials as well as formulating and implementing training and educational programmes; to recommend new policies for the enhancement of integrity and ethics; and to advise the Government on strategies and programmes in enhancing integrity.

The voice of cynicism is growing loud and people are questioning the functions of this department, more so if it has no bite. MACC has strongly objected to it, with Dzulkifli labelling it a waste of public funds.

Who can blame the graft buster for being disgruntled? His investigators are overworked and the department understaffed, under budget and now, suddenly, the MACC learns that a new department is to be set up.

If it has no powers and does not concern the MACC, then it is on its way to being another government department which publishes more reports that nobody reads and which will most likely end up gathering dust.

Dzulkifli, who is hard-pressed to secure a heftier budget for his department, has publicly objected to the setting up of JITN, saying the funds could be better used to enhance current enforcement agencies and the wellbeing of its staff.

“What needs to be done is improve and strengthen the laws, human resources and welfare of existing agencies.

“The Government should oversee the welfare of law enforcers. Go and see the conditions of police barracks. They are poorly maintained,” he said.

Dzulkifli urged the Government to re-examine the salaries and housing schemes of law enforcers.

“If we want to decrease corruption and abuse of power in enforcement agencies, the problem will not be solved if law enforcers do not have their welfare taken care of.

“I will defend them (law enforcers) when needed, and take action against them (if they do wrong).

“But we also need to see the state of their welfare,” he told reporters at a corruption-free pledge signing ceremony in Sungai Petani recently.

“Forming a new department will be costly and require hiring new staff. Their scope of duties will be similar to (that of) other law enforcers,” he added.

And even in less-than-ideal circumstances, the MACC has continued with its crime-busting duty, its stats backing up its hard work. Up to last month this year alone, the commission has arrested 728 individuals, including 349 civil servants, 215 members of the public and 151 from the private sector.

So far, 316 people have been accused of corrupt practices this year. Nearly half of them – 155 individuals – are from the civil service. Last year, only 113 civil servants had the long arm of the law catch up with them.

MACC statistics reveal that 1,629 cases (up to last month this year) involved civil servants, compared to 2,008 the whole of last year, with 654 cases concerning members of the public and 174 involving those from the private sector.

Until September this year, 432 investigation papers were opened against civil servants, compared to 526 last year. Half of that figure – 215 – implicated members of the public, 102 members of the private sector, and seven from other categories, including politics.

Up until last month, 756 investigation papers were opened.

Low said the Cabinet has given the green light for the setting-up of JITN to serve as a coordinating body to lead transformational changes in the public and private sectors.

He said the department would focus on good governance, integrity and human rights. How it will co-exist with Suhakam (Human Rights Commission of Malaysia) is something which needs explaining.

JITN received the Cabinet’s nod on July 28, and is currently under review by the Public Service Department pending final approval. The department was previously a division under Low in the Prime Minister’s Department.

There isn’t much the MACC can do now since the Cabinet has already approved the move.

But what the Government should consider doing is to beef up the MACC where manpower and resources are concerned, given the flurry of cases flying its way.

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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Adam at the MACC office in Putrajaya today prior to his arrest by the anti-graft body. – BBX-Images Anti-graft investigators l…
  Sabah’s watergate scandal unfolds THE amount involved in
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Year in review 2016 – MACC makes record haul in 49 years from top officers of Sabah Water dept 

 

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RM40mil siphoned off from the Malaysian Human Resources, Skills Development Fund Corp !



PETALING JAYA: Some RM40mil from the Skills Development Fund Corp is believed to have been siphoned off by those tasked with utilising it for the benefit of the people, sources revealed.

Anti-graft officers detained the cor­­­poration’s 58-year-old chief execu­­tive, who is a Datuk, over the alleged misappropriation of funds.

Others detained included the corporation’s 34-year-old secretary, a 32-year-old assistant financial officer and a 38-year-old director of a company who goes by the honorific “Dr” title.

All of them were picked up in seve­ral places in Kuala Lumpur between 4.30pm and 6pm yesterday.

One of the suspects is said to be an office-bearer with a state Umno division.

Malaysian Anti-Corruption Com­mission deputy chief commissioner (operations) Datuk Azam Baki confirmed the arrests.

Sources said the suspects were said to have collaborated with the company director to siphon the allocation provided by the Government.

The corporation is a statutory body under the Human Resources Mi­nistry. It is responsible for provi­ding financial assistance in the form of loans to individuals, such as school­-­leavers, graduates and others who are interested in pursuing Ma­­laysian Skills Certification, Malaysian Skills Diploma and Malaysian Ad­­van­ced Skills Diploma at public or private skills training institutions.

It is learnt that the misappropriation of funds has been going on since last year.

In 2016, the Government allocated RM35mil to the corporation and another RM40mil this year to carry out training programmes.

“Initial investigations showed RM15mil was believed to have been siphoned off last year. Another RM25mil is believed to have been misappropriated this year,” said a source.

It is learnt that three of the suspects had also collaborated with the company director to allow 15 of his registered companies to manage the training programmes.

But none of his companies was said to have been equipped with the expertise to conduct such training.

Azam said the MACC would be calling up several witnesses “very soon and that more arrests could be expected”.

“We will carry out a thorough probe as it involves public funds. Our officers will also be sei­zing relevant documents related to the case,” he said.

Source: By Simon Khoo The Star

‘Reward them to curb graft’ – It is not wrong to give cash to whistleblowers, says MACC chief

Video:
//players.brightcove.net/4405352761001/default_default/index.html?videoId=5574722710001

KUALA LUMPUR: Rewarding civil servants with cash for exposing corruption is not wrong but it should not be the sole focus, says Tan Sri Dzulkifli Ahmad.

The Malaysian Anti-Corruption Com­mis­sion (MACC) chief commissioner pointed out that offering cash incentives to whistleblowers was just one of the many initiatives in tackling corruption.

“There are many more activities and campaigns done by us which should be taken into account. Is it wrong for us to reward those who refuse to accept a bribe? We are showing our appreciation to those who choose to remain clean, and we look up to these people,” he said after launching the MACC’s anti-corruption posters and painted messages on three Mara Liner buses at Terminal Bersepadu Selatan yesterday.

Civil servants who report cases of corruption are entitled to receive an incentive equal to the amount offered in the bribes, with the lowest sum set at RM500.

However, of the 1.6 million civil servants, only 0.01% have reported cases so far.

In acknowledging this, Dzulkifli said it should not be equated to many civil servants on the take or that they were not serious about eradicating corruption.

“As a matter of fact, we do have a number of them coming directly to provide information but they do not want to lodge an official report.

“Some refuse the bribes offered to them but choose to just tip us off without eyeing a reward,” he said.

On another matter, Dzulkifli opined that “sharks” were now fearful of the MACC due to the “aggressive action” against offenders.

“Clearly, we managed to instil a sense of fear. Many people I meet say they can see fewer giving or taking bribes.

“We see this as a positive sign. We will continue with new arrests, probes and charges every week,” he said.

Later in Putrajaya, Dzulkifli said they would wage a war against illegal gambling den operators and put a stop to their illegal business.

He said the time had come for the issue to be looked into seriously and aggressively, including licensed outlets and cybercafes which al­­lowed online gambling in their premises.

“The issue of gambling dens operating illegally is not new. In fact, even the Deputy Prime Minis­ter has spoken about it. But we don’t see the number of these outlets decreasing.

“I think it is about time we take aggressive action against the operators and those who protect them,” he said after a dialogue with NGO Fight Against Illegal Activities Movement or GBAH.- The Star

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Another big fish nabbed for corruption, graft rampant and serious!  
Year in review 2016 – MACC makes record haul in 49 years from top officers of Sabah Water  dept
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Jambul 1 is an IJM Trehaus Project.  Approximate Coordinates :
5°20’38.47″N,100°16’…

Graft destroys nature as Corrupt officers see no evil as environment is being ravaged


Humans Are Destroying the Environment

PETALING JAYA: They are supposed to be guardians of the environment, and yet “certain enforcement officers” are found to be tolerating illegal activities that are detrimental to nature – all for personal gain.

Pollution and unauthorised felling of trees, for instance, could be traced to those working in cahoots with the culprits, according to sources.

Several recent cases such as the illegal bauxite mining in Kuantan, flash floods in Cameron Highlands and the illegal sawdust factory in Kampung Sungai Lembu, Penanti, Butterworth, were all linked to abuse of power and corruption.

“Some of them are more inclined to soliciting and receiving monetary gains in lieu of their responsibilities in protecting the natural surroundings.

“As a result, it has created greater problems to the fragile environment at the expense of future generations,” said a source.

The source added that stern action needed to be meted out against these irresponsible officers in order to put a stop to the wanton destruction.

If nothing was done, it could lead to adverse effects to the people in terms of public health and safety, the source said.

“All enforcement agencies tasked to preserve the environment must be serious in discharging their duties diligently.

“In this regard, the Malaysian Anti-Corruption Commission (MACC) has done its part to send out a stern warning with numerous arrests and prosecutions in court,” the source said.

Over the past few months, scores of enforcement officers including those from the Customs, Land Office and local councils were nabbed on suspicion of receiving bribes to turn a blind eye on illegal activities detrimental to the environment.

The MACC also held several dialogues with NGOs and environmental groups through an Environmental Protection and Anti-Corruption Caucus to share information on corruption issues.

With this strategic collaboration, illegal activities such as illegal logging, river pollution and clearing of land could be prevented from recurring.

By Simon Khoo The Star/Asian News Network

Authorities fighting an uphill battle against ‘rape of hills’

PETALING JAYA: The authorities are waging an endless war against illegal loggers, with some enforcement officers even labelling the wanton destruction of trees as “raping the hills”.

Cases of such destructive activities in recent years include uncontrolled logging and illegal farming in Cameron Highlands, which polluted several rivers.

In April this year, a former Terengganu Forestry Department director was charged with accepting RM60,000 from a timber contractor four years ago as an inducement to approve a logging application for Hulu Terengganu Forest Reserve.

Two men were detained in the Bukit Bauk Forest Reserve in Dungun in November last year for removing evidence of illegal logging during an ambush by the Forestry Department. Some 400 tonnes of logs were reportedly seized.

In August last year, a Datuk Seri and two others were arrested in connection with illegal logging in the Cerul forest reserve in Terengganu. They produced a letter from a “high-ranking officer” to evade arrest but failed.

In Pahang, 11 people were detained by the Forestry Department for trespassing into forest reserves with the intent to steal high-value timber.

The Auditor-General’s Report 2015 highlighted illegal logging and encroachment in Perak forest reserves and said it was due to the lack of monitoring and effective enforcement by the Perak Forestry Department.

Logging in Kelantan has also come under scrutiny following allegations of illegal and uncontrolled logging being a possible cause of the 2014 floods in Kuala Krai.

In 2013, Kelantan-based NGO Young People against Corruption (Ombak) discovered rampant land clearing and wanton destruction of virgin forests in Kuala Krai and Gua Musang, affecting at least five hills stretching from the Pahang-Kelantan and Kelantan-Perak borders.

Ombak president Wan Khairul Ihsan Wan Muhammad described the destruction as the “rape of the forested hills”, adding that the activities were stealthily done in the middle of forest reserves to avoid detection.

Anti-graft officers out to stop illegal timber business

PETALING JAYA: Illegal logging, which has cost the country billions of ringgit in losses in taxes and revenue, is the latest target of the Malaysian Anti-Corruption Commission (MACC).

Remote area: A file picture of a suspected illegal logging site in Bakun, Sarawak, that was raided by the MACC.

Anti-graft officers will be focusing on this issue after tackling illegal land clearing, bauxite mining and unlicensed factories.

It is learnt that incidents of illegal logging are “quite rampant and extensive”, causing a lot of destruction to the nation’s fragile eco-system and environment.

Some of the illegal activities are believed to be taking place deep in the jungle, including forest reserves and catchment areas, hidden from public view.

The problem is made worse when some enforcement officers tasked with taking action against illegal loggers are believed to have turned a blind eye and worked in cahoots with illegal loggers.

In return, the officers are said to be promised a certain percentage from profits from the illegal activities every month, paying no heed to the destruction of the country’s forests.

It is learnt that these unethical officers are raking in tens of thousand of ringgit every month as kickback and side income to finance their lavish lifestyle.

MACC deputy chief commissioner (operations) Datuk Azam Baki said such illegal activities must be nipped in the bud before they cause irreparable damage.

“We have received very reliable information from the public on illegal logging.

“It is not just in one particular area, but in several states throughout the country, including Sabah and Sarawak.

“We have set up a few flying squads and they are now collecting evidence on the ground,” he said when contacted yesterday.

He said illegal logging has caused serious pollution, while natural disasters, such as flash floods and landslides could occur more rapidly, endangering the lives of the people.

Azam said the main focus of investigations will be on elements of corruption and abuse of power involving several enforcement agencies, their officers and logging companies.

“Once we have gathered all the necessary evidence, a sting operation will be launched to nab the culprits,” he added.

He said MACC would be moving into several states “very soon”, adding that “we are pretty serious in tackling this issue”.

He welcomed tip-offs from the people to assist in putting a stop to illegal logging and other activities detrimental to the environment.

“We will also work closely with NGOs and environmental groups to collect information,” he added.

In November 2014, the then Sarawak chief minister Tan Sri Adenan Satem declared war on illegal logging, saying Sarawakians must not tolerate corruption anymore because millions in revenue had been lost.

The state, he said, had gained a bad reputation internationally because of “this robbery which is carried out in broad daylight”.

The MACC swung into action with a massive crackdown dubbed Ops Gergaji the following year, and together with several agencies, some 400 bank accounts belonging to companies and individuals with about RM600mil were frozen.

About RM1mil worth of illegally felled logs were also seized.

By Simon Khoo The Star/ANN
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Citizens’ frustrations, Malaysian youths worry about future; MCA dares to face criticism


Citizen Liow’ plays dual role in National Day video
Myself and I: Citizen Liow (left) comes face-to-face with the politician in ‘Citizens’ in conjunction with National Day.

Malaysia is all about us – On The Beat

‘Citizen Liow’ vents his frustration in short film

KUALA LUMPUR: It is Datuk Seri Liow Tiong Lai as we have never seen him before – shabby, dispirited and a little rude.

Without his signature full-rim spectacles, Liow, playing an ordinary citizen in a video with a poignant but powerful message, vents his spleen about the country’s current mood.

From the hurtful balik tongsan comment to corrupt practices, Citizen Liow is determined to get his frustrations off his chest.

He even throws a fistful of sweets at a guest in his home. The guest is also played by Liow, who essentially portrays his everyday role of a politician.

The on-screen sparring between both Liows is a creative, yet brutally frank, account of the general sentiments of the local Chinese community.

It is almost painful to watch the heated encounter, but that is exactly why the six minute-long video Citizens is so compelling.

Producers Pete Teo and Liew Seng Tat did not attempt to paint a rosy and glowing picture even though the clip was meant for the upcoming National Day celebrations.

The video boldly addresses the grievances and fears of the Chinese community in Malaysia, which means there will inevitably be “anger, helplessness and conflict”, as Teo explained on his Facebook.

Liow, in his real life as Transport Minister, Bentong MP and especially MCA president, must have often been at the receiving end of the kind of harsh comments hurled by “Citizen Liow” in the clip.

“Politicians only know how to talk!” is perhaps the most common sweeping statement that disregards the efforts and contributions of community and government leaders. In the video, Liow the politician admits there are shortcomings.

The seasoned politician says: “I can find excuses and try to defend ourselves by saying that circumstances do not work in our favour, but no, I won’t do that.”

“We didn’t say there weren’t mistakes. We did not handle many things well, but it is not easy to rule a country.”

“We have seen many politicians from both sides dwelling on the negatives when support for them fades. This alienates the people even further,” he said.

With the National Day just days away, the video is a timely reminder to those with political ambitions to reflect on their vision for the country.

Similarly, the public can look back at the past 60 years of the country’s development, from a mining and agricultural-based economy to today’s multi-sector economy anchored in manufacturing and services.

Of course, there will always be challenges and sacrifices as we progress. Good governance is a must if we are to continue on that path of growth and prosperity.

But as Citizens reminds us, it is important not to lose hope. We must believe that our founding father Tunku Abdul Rahman’s vision of Malaysia will come true.

At the end of the video, “Citizen Liow” has a change of heart. He quietly retrieves the Jalur Gemilang from storage and displays it on his balcony, with his real-life wife Datin Seri Lee Sun Loo at his side.

When met by reporters yesterday, Liow was visibly pleased with how the video has turned out. He said the message he wanted to send through the video was for Malaysians to unite and work together to make the country a progressive nation.

“We love this nation. We are proud to be Malaysians and we are working hard to make this country a stronger nation. That’s the aspiration and message we want to send out,” he said.

By Tho Xin Yi The Star/ANN

‘Youths worry about future, not politics’

Future wave: Liow and Chong (second from left) sharing a light moment with students after the TN50 DialogueUTAR in the Sungai Long Campus.

CHERAS: Youths are more concerned about their future than politics. This is the feedback gathered during the recent TN50 dialogues with students from several universities, said MCA president Datuk Seri Liow Tiong Lai.

“However, I don’t think they are indifferent towards politics. They are aware of issues.

“For instance, they know that this is about TN50 and about a future that they want,” Liow said after attending a TN50 Dialogue @UTAR with 700 students at UTAR Sungai Long Campus here yesterday.

He cited education and health issues, including the ability to earn a decent living, as some of the aspirations raised by the students during the hour-long dialogue session.

Liow said it is crucial for youths to continue upholding the core value system practised by Barisan Nasional.

He added that Barisan’s core values such as consensus, mutual respect, unity, cooperation and harmony are shared by Malaysians.

“Barisan upholds values of consensus and mutual respect but DAP is sowing the seeds of hatred. The party is also sowing the seeds of anger towards the Government which is causing a split in our society,” he said.

Liow added that the Opposition lacked the core values and was now in a chaotic state.

There was a casual air about the dialogue session where students were asked by moderator MCA youth chief Datuk Chong Sin Woon to address Liow as “Ah Liow” and himself as “Ah Chong”.

Earlier during the dialogue, Chong warned students to be wary of fake news on social media.

“The reality is that most news on social media are fake.

“You should check the source and not blindly believe all that you read,” he said.

He also said that youths were more concerned about “bread and butter” issues rather that politics.

At another function, Liow said more skilled workers were needed as the country progresses.

“It is important for us to train more technical professionals. For MCA, we would like to expand VTAR Institute because of our significant growth in students from 100 to 700 in these few years.

“We will find the right place to expand VTAR and we hope to have more than 1,000 students here,” he told reporters after launching the PW2 wireman competency licence course at the institute in Setapak here yesterday.

VTAR is the vocational education arm of MCA.

Earlier during the function, VTAR CEO Tan Cheng Liang signed a memorandum of understanding with the Federation of Malaysian Electrical Appliances Dealers Association (Fomeda) president Gan Cheng Swee to run the PW2 programme. – The Star

‘Citizen Liow’ plays dual role in National Day video

国民 CITIZENS

A screengrab from the video short “Citizens”.

PETALING JAYA: You’re not seeing double – it really is Datuk Seri Liow Tiong Lai playing two roles in a National Day video by producers Pete Teo and Liew Seng Tat.

The six minute-long video short entitled Citizens was released on Monday in conjunction with the upcoming National Day celebrations.

In the video, he portrays himself in his everyday role as Transport Minister, having a no-holds-barred conversation with a citizen who has grouses about the way the country is run – a role also played by Liow.

Liow, the minister, is smartly dressed in a long-sleeved shirt and slacks, while “Citizen Liow” is dressed very casually, with his hair a little unkempt and wearing a grey T-shirt, without spectacles.

Teo, in a Facebook post on Friday, said the project took months to put together.

“Largely this was because the script required a Federal Minister who had the gumption to submit to what we wanted to shoot.

“We kept trying and eventually found our man,” he said.

Teo said they did not want to make a film that could be confused for a “tourism video.”

Citizens reflects the current mood of the country, especially the fears of the Chinese community.

“It would therefore have to contain anger, helplessness and conflict. Yet it must contain hope – for we are even now not without hope – and so the film should also unite us in hope across the political spectrum,” said Teo.

This is not Liow’s first film. He previously acted in other 15Malaysia and Hari Malaysia shorts, also produced by Teo.

“What is different this time is that while he was civilly treated as a cabinet minister before, he will be brutalised this time; and while he was stereotyped as a politician before, he is now a human being – filled with the same fears, regret, conflicts and hope as all of us,” said Teo, adding that he thought long and hard about the casting.

Also making an appearance in the film is Liow’s wife Datin Seri Lee Sun Loo.

Teo said that it took courage for Liow, who is MCA president, to act in the film especially since he and MCA “are deeply maligned in sections of the Chinese community”.

‘Citizens’ Liow trends at second spot

PETALING JAYA: As Pete Teo expected, his National Day video in which Datuk Seri Liow Tiong Lai plays two roles is gaining traction among Malaysians.

The six-minute clip Citizens clinched the second spot on YouTube’s Malaysian trending list as at yesterday afternoon. It had 127,766 views, trailing Taylor Swift’s new music video. The rest were content related to SEA Games.

In the video, Liow, 56, portrays himself as the Transport Minister having an honest conversation with a citizen, also played by Liow, who has grouses about the way the country is run.

Teo, who produced the video with Liew Seng Tat, was glad to see it attracting attention.

“We expect the video to do well, because we think it is a good video and it has something important to say that goes beyond party politics,” he told The Star.

Teo said there were twice as many likes as dislikes.

He applauded Liow for being able to rise above his persona as MCA president and act as an ordinary citizen.

The video was released on Monday in conjunction with National Day celebrations.

Meanwhile, Tan Sri Pheng Yin Huah said the video was “unpretentious and right to the point” and therefore, was well received by the community.

The Federation of Chinese Associations Malaysia (Hua Zong) president said it rightly captured the country’s current situation.

“A main point stressed is that the situation warrants the need for us to listen to each other, consolidate our strengths, stay united and be loyal to our country.

“This is a way to overcome the challenges, instead of just venting our frustrations,” Pheng said.

Apart from acknowledging the people’s disappointments and empathising with them, he said Liow had been tirelessly reaching out to the community to guide and help them in whatever ways possible.

Pheng pointed out that Liow had to draw on the party’s strengths and his role in the Government to help the community effectively.

In conjunction with National Day, Pheng said it was timely for all Malaysians to reinforce respect, love and tolerance among themselves and for the country so as to move forward together.

‘Citizen’ producer all praise for Liow – Nation


PETALING JAYA: The producer of the National Day video titled Citizen says it was brave of Datuk Seri Liow Tiong Lai to come onboard a production which had an “edgy” script.

Saying he would absolutely cast the Transport Minister in such a role again, filmmaker Pete Teo (pic) brushed aside some of the adverse comments on the casting choice.

“We think he did a great job playing the dual role of minister and citizen.

“That his casting is controversial has nothing to do with the job he does.

“We hope Datuk Seri Liow’s contribution will at least be acknowledged in the good spirit that it was given,” Teo said when contacted.

Teo, who produced the clip with writer-director Liew Seng Tat, said they had expected some form of backlash as soon as they decided that the role would be best played by a real-life politician.

“The fact that we eventually cast a Barisan National politician is besides the point, really. If we had picked an Opposition politician, the situation would be the same, except the accusations would be from Barisan supporters.

“So in a way, it was a no-win for us unless we had cast an actor,” he pointed out.

According to Teo, the film would have lost immediacy if they had cast an actor to play the role.

“So the decision was made to cast a politician. In fact, our choices were more limited than that because the script ideally required a Federal Minister.

“This narrowed down the choice to only several people. In the end, Datuk Seri Liow agreed to play the role and we went with him,” he added.

Teo said through the film, he and Liew wanted to drive home the message that it was important not to lose hope and to stay united when the going got tough.

“As said in the film’s opening lines, the last decade or more have been tough for the country. Non-Malay communities, in particular have felt alienated, helpless and fearful.

“That is why we are getting such hyper-emotive response to a Merdeka PSA film promoting hope and unity featuring a serving Cabinet minister from the MCA.

It would be easy to dismiss these aggressive social media outbursts as rantings of opposition cybertroopers, but these are real people with real grievances,’’ he added.

Teo, a multiple award-winning singer-songwriter, also praised Liow for having the courage to be involved in a film with “brutally frank dialogue”.

“Many have ignored the fact that the minister explicitly said in the film that he doesn’t mind who citizens voted for as long as they let their conscience be their guide.

“This is a massively important statement. It underlines our film’s non-partisan credentials,” Teo said.

In the six-minute video, Liow portrays himself in his everyday role as Transport Minister, having a no-holds barred conversation with a citizen who has grouses about the way the country is run – a role also played by Liow.

The video clocked in more than 200,000 views in four days since it was uploaded on YouTube.

 

‘MCA dares to face criticisms’ , Liow: We understand the voices and feelings of the people

 

Liow chatting with China’s Ambassador to Malaysia Dr Huang Huikang.

KUALA LUMPUR: MCA understands the voices and feelings of the people and dares to face criticism, said Datuk Seri Liow Tiong Lai.

The party president said having understood the people’s grievances, MCA is committed to overcoming the problems.

“I must stress here that I am aware of the people’s opinions and feelings. Therefore, I am willing to face the reality as I know that is the only way for us to change for the better,” he said.

Liow, speaking at the Blossom Arts Festival Malaysia (BAFM) 2017 awards ceremony and closing at Wisma MCA last night, was responding to some of the responses towards his double role in “Citizens”, a National Day video.

In the clip produced by Pete Teo and Liew Seng Tat, Liow portrays himself as the Transport Minister having an honest conversation with a citizen, also played by Liow, who has grouses about the way the country is run.

Liow also explained that the video aimed at telling people to have faith in the country and never give up, besides showcasing the inner voices of a Cabinet minister and a layman.

Liow added that MCA is steadfast in performing its role in Barisan Nasional.

“We will continue to be the defender of the Federal Constitution, the corrector and the balancing force against hegemony.

“History would reveal that during critical moments, be it fighting for citizenship, persistency on multi-stream education, pushing for the establishment of National Economic Action Council or the recent movement against PAS’ Private Member’s Bill to amend Act 355, MCA has been consistent in playing its role in Barisan,” he said.

Meanwhile, MCA vice-president Datin Paduka Chew Mei Fun said the next edition of BAFM would be put on hold pending the general election.

“My comrades and I, as well as MCA staff, must turn our full attention towards preparing for the coming general election,” Chew, who is also the Malaysian Chinese Culture and Arts Consultative Council chairman and BAFM organising chairman, said.

Big celebration: Drummers performing during the closing ceremony of the Blossom Arts Festival Malaysia at Wisma MCA. (Right) Liow chatting with China’s Ambassador to Malaysia Dr Huang Huikang.

She said BAFM has received the attention of foreign academicians.

Chinese University of Hong Kong’s Department of Cultural and Religious Studies, for instance, sent professors and students to observe the event, she added.

“If we persevere, we are confident of becoming a household name and a premier event among artists,” she said in her speech.

The month-long BAFM concluded yesterday. Also present at the event was China’s ambassador to Malaysia Dr Huang Huikang.

By Yimie Yong The Star Online

Related Links:

PM: Chinese not ‘pendatang’, but loyal citizens

Head to Bentong to refresh your lungs

Ti: ‘Citizens’ parody shows DAP’s true face – Nation

Merdeka video not meant to offend anyone

Rail business on track – Nation 

Enough is enough, Penang govt told – Nation

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Corruption has no place in any culture


LATELY, we have been seeing many photographs and a lot of video footage of handcuffed men and women in orange T-shirts bearing the words “Lokap SPRM”.

These are people who have been arrested by the Malaysian Anti-Corruption Commission (MACC) in connection with its investigations. Lokap SPRM is the Bahasa Malaysia term for the MACC lock-up.

Some of these men and women have been or will be charged in court for offences such as offering or soliciting bribes and abuse of power. If they are guilty, they will be punished.
But what if the wrongdoing is partly to do with how the private sector operates?

If businessmen believe that greasing someone’s palm is an acceptable way to get ahead of the competition, and if a company’s culture tolerates or even encourages corrupt practices, why should the employees be the only ones held accountable when the authorities enforce the law?

It is not easy, however, to prove that a company has criminal intent.

This will matter less if there are provisions in the law that deem companies responsible if employees commit certain offences in the course of their work.

This concept of corporate liability for the crimes of employees has been introduced in countries such as the United States, Britain and Australia.

Malaysia has long talked about introducing such provisions.

In July 2013, for example, Minister in the Prime Minister’s Department Datuk Paul Low said the Government wanted to introduce a “corporate liability law”.

The idea is to hold boards of directors and CEOs of companies responsible for bribes given by their employees unless it is proven that there are measures in place within the organisation to prevent corruption.

Since then, Low and senior MACC officers have several times brought up this matter.

It appears that the plan is to either amend the MACC Act or to come up with a fresh piece of legislation.

At one point, Low said the Bill would be tabled by March this year and that the new provisions would come into effect in 2018.

However, the draft legislation has yet to reach Parliament.

The latest update was from MACC deputy chief commissioner (operations) Datuk Azam Baki, who was quoted in a Sin Chew Daily report this week saying that the Cabinet had approved the Bill for the Corporate Liability Act and that it would be tabled in October.

It is understandable if the business community is less than enthusiastic about this.

There is always the fear that an employer will be unfairly blamed for an employee’s lack of integrity.

There is also the well-worn argument that complying with additional rules and regulations will increase costs amid already challenging conditions.

It is likely, however, that the new provisions are applicable only if the companies cannot demonstrate that they have done all they can to prevent the offences, or if they are negligent in addressing the risks of such offences being committed.

We will have to wait and see.

Meanwhile, businesses should examine their practices and procedures.

It is definitely in the best interest of a company to ensure that its employees understand well that corruption is not part of its corporate culture.

For that matter, corruption should not be part of any culture.

– Sunday Star Says

Amend MACC Act to give it more bite

TRANSPARENCY International Malaysia (TI-M) hails the call by the Malaysian Anti-Corruption Commission (MACC) to amend Section 23 of the MACC Act 2009 to give it greater clarity so that corrupt practices and other related offences could be better tackled especially in state-owned enterprises (SOEs).

As stated by MACC deputy commissioner (Operations) Datuk Azam Baki, MACC needs more bite to act against corrupt public officials including ministers, assemblymen and politicians.

TI-M also supports MACC on the recently proposed new law known as “Misconduct for Civil Service Act”, where civil servants who caused substantial financial losses to the Government due to negligent acts or non-compliance with official policies or procedures would face criminal charges under this proposed new Act.

TI-M has been advocating for these amendments to the existing MACC Act for the past several years and hopes to finally see the light at the end of the tunnel.

Section 23 of the MACC Act 2009 prohibits “an officer of a public body” or public officials from abusing their power for any gratification for themselves or for their relatives. TI-M shares Azam’s opinion that many politicians are being appointed into SOEs and public interest entities (PIEs).

In addition, TI-M is also looking forward to the inclusion of the corporate liability provisions into the MACC Act 2009, which will ultimately hold companies accountable for corruption cases involving their employees.

Currently, when an employee is caught for corruption or bribery, he or she will face the consequences and can be charged individually. The company which the respective employee works for is not held liable for its employees’ acts, as in law the company not being a human person is not capable of having criminal intent.

With the introduction of the corporate liability provisions, companies can be held accountable for their employees’ involvement in corruption or bribery if they are found to have failed to take adequate steps to prevent such corrupt acts by their employees.

When this becomes a reality, employers in the private sector would have no choice but to initiate anti-corruption programmes in their companies/organisations to mitigate and eventually eradicate corrupt practices.

TI-M, meanwhile, has been encouraging companies in the private sector to adopt the ISO 37001 Anti Bribery Management System as an initiative to put in place all the preventive controls and systems while simultaneously getting the top management to commit to the elimination of any form of bribery in their organisations.

On the proposed Misconduct for Civil Service Act, any effort or law to address misconduct which results in loss of taxpayers’ money should be lauded.

However, we would like to raise the issue of whether the proposed law should only apply to civil servants. What about instances where orders or instructions come from politicians or persons in elected positions? Should they not also be held liable if proven to be involved?

Any proposed law should fairly apply to everyone involved in the decision-making process, and that includes politicians.

Azam has been reported saying that each year, the AuditorGeneral’s Report reveals a litany of malpractices among government departments and agencies, some of which are outrageous, for which the civil servants responsible should be charged with criminal offences instead of just disciplinary action under the domestic rules applicable to them.

TI-M supports these new measures proposed by the MACC and hopes that the Government will give due consideration and also fully support the same by effecting the necessary changes in the law. This would ensure that we plug the existing loopholes in our anti-corruption laws.

DATUK AKHBAR SATAR President Transparency International Malaysia

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