Chinese projects in Malaysia may stay intact


 
Illustration: Liu Rui/GT

Newly-elected Malaysian Prime Minister Mahathir Mohamad has decided to scrap the Kuala Lumpur-Singapore Railway project despite the huge losses. He also announced the overhaul of other big railway projects, including a Chinese company-led East Coast railway project. As a result, some are worried about the fate of Chinese-funded companies in Malaysia.

During the election, the style of governance that Mahathir-led Pakatan Harapan proposed was in contrast to many policies of the previous government. Since Mahathir was elected, there has been growing concern about the new policies. While Malaysia has brought in big Chinese-invested projects, people are also concerned about the new government’s attitude toward foreign funds.

To my knowledge, Mahathir has formed many consulting teams and task forces since his re-election, which shows his prudence in dealing with such affairs. The government will clarify core policies and strategy in the next few weeks.

Pakatan Harapan was the opposition before and during the election. Its attitude toward foreign capital, especially Chinese funds in Malaysia, was obviously not thorough enough. Its opposition to big projects was aimed at the large sums they involved, not the projects themselves. To be more specific, what the political alliance opposed was actually ex-prime minister Najib Razak’s improprieties when approving the projects. Other problems involved in this process can be addressed by talks.

In the first press conference after his swearing-in ceremony, Mahathir promised that reviewing Chinese-funded projects would not harm China-Malaysia relations, and said that the new government will support the Belt and Road initiative as usual.

But Malaysia’s new finance minister and minister of economic affairs both started overhauling the big projects that the former government had signed, and outsourcing government projects through direct bidding is no longer permitted, including railway projects. It shows that the new government wants to overhaul official projects, while private investment projects are not affected.

The new government’s re-examination of big projects shows its intention to win more bargaining chips for negotiations. Any party that wants to cooperate with the new government needs to be more patient to retain the contract. Malaysia’s further development is closely linked to other countries’ continued participation, and China is certainly included.

Although China hopes that the current projects will stay intact, the two countries might still strategically revise their contracts to satisfy both sides as politics in Malaysia has changed. Besides, abolishing a contract is bound to cause political and economic upheaval as the Malaysian people realize the importance of the Kuala Lumpur-Singapore Railway and the East Coast railway projects. The new government will certainly evaluate the opinion in a prudent way.

The future of Chinese-funded enterprises in Malaysia may not change greatly. The previous discussion focused on big government projects, but neglected hundreds of Chinese-funded enterprises that have invested in Malaysia since the 1990s. Most of these firms operated under local laws and regulations. They purchased local materials and hired locals, and some even provided technology transfer and staff training.

They are model enterprises that aimed at developing the market in the long-term. This should have been given more publicity.

In the future, the Malaysian government will certainly welcome investment by foreign-funded enterprises that abide by the local laws, but will differ from practices in the past decades in terms of bidding and contract talks. Most importantly, all parties should believe in the principle that business is business, and win-win cooperation is the key to the issue. Malaysia will definitely let investors enjoy the dividends of its reform and development.

By Ling Tek Soon Source: Global Times – VIEWPOINT

The author is a research fellow with Institute of China Studies, University of Malaya. opinion@globaltimes.com.cn

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Malaysians hail the King for his consent on Tommy Thomas as AG


Video:

PETALING JAYA: The Yang di-Pertuan Agong, Sultan Muhammad V, has consented to the appointment of Tommy Thomas (pic) as the new Attorney-General (AG).

In a statement, the Comptroller of the Royal Household Datuk Wan Ahmad Dahlan Ab Aziz said the King, on the advice of the Prime Minister, has given the approval to the appointment of Thomas as the AG according to Article 145 (1) of the Federal Constitution.

The Agong, said Wan Ahmad, has also called on Malaysians to accept the appointment of the AG, adding it should not create conflict as every Malaysian should be treated fairly regardless of their race or religion.

“The appointment would still continue to uphold the special privileges of the Malays and bumiputra as well as Islam as the religion of the Federation,” said Wan Ahmad.

He said the Agong has also approved the termination of Tan Sri Mohamed Apandi Ali as AG after taking into consideration the views of the Malay Rulers on three issues.

These issues are the appointment of the AG, the rights of the bumiputras, and the rule of the Council of Rulers as stated under Article 153 of the Federal Constitution.

“The King has also expressed his disappointment (dukacita) and worries on media reports of late that were inaccurate and negative in nature, which could threaten the peace and harmony in the nation.

“The King has the obligation to uphold the Federal Constitution and preserve the rights of the Malays and bumiputras, as well as to protect Islam,” he added.

Prime Minister Tun Dr Mahathir Mohamad, on May 14, announced that Apandi was told to go on leave and would be temporarily replaced by Solicitor-General Datuk Engku Nor Faizah Engku Atek.

The proposal to appoint Thomas as AG had sparked a disagreement with the King, but Dr Mahathir was adamant and submitted only Thomas’ name to the King.

However the Agong insisted on more than one name, according to sources close to the royalty.

Malaysians expressed their joy and gratitude to the Yang di-Pertuan Agong, Sultan Muhammad V, for giving his consent for Tommy Thomas to be appointed the new Attorney-General (AG).

On The Star Online Facebook page, Thomas’ announcement received 291 shares, and 2,100 likes within an hour of the news breaking early Tuesday morning.

John Doraisamy said Malaysia and Malaysians were moving in the right direction.

“Happy to be 1Malaysia without racism,” he posted.
“Thank you to His Majesty YDP Agong for your royal consent. Congratulations to the new AG!” he said.

Justin Tan said Malaysia had reached a new milestone with Thomas’ appointment.

“Everyone should be treated equally and fairly regardless of their race or religion.

“Hope this signifies a true Malaysian society based on merit that will push the country forward to becoming the next powerhouse in the region,” he said.

Meanwhile, Facebook user Rajasegaran Subramaniam called for the Federal Constitution to be made a compulsory subject in schools and universities due to the controversy surrounding Thomas’ appointment.

“It is pain in the eyes witnessing so called new Malaysia citizens commenting on sensitive issues without any ideas on what they are even commenting.

“(The) past two days was one hell of a rollercoaster ride because of ignorant comments from ‘new Malaysia’ citizens,” he said.

In a letter dated June 4, but released early Tuesday (June 5), the Comptroller of the Royal Household Datuk Wan Ahmad Dahlan Ab Aziz said the King, on the advice of the Prime Minister, has given the approval to the appointment of Thomas as the AG according to Article 145 (1) of the Federal Constitution.

The King, said Wan Ahmad, has also called on Malaysians to accept the appointment of the AG, adding it should not create conflict as every Malaysian should be treated fairly regardless of their race or religion.

“The appointment would still continue to uphold the special privileges of the Malays and bumiputera as well as Islam as the religion of the Federation,” said Wan Ahmad.  The Star
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Call to reassess Penang hillside projects, councillor addresses full council meeting of MBPP


Council should not bow to development or political pressure, says city councilor, Khoo

 

‘Politicians should be ‘wakil rakyat’ and not ‘wakil pemaju’ – CAP legal advisor Meenakshi


A city councillor has called for the Penang Island City Council to impose a moratorium and reassess all development projects involving hill slopes in the wake of the deadly landslide on Oct 21.

THE Penang Island City Council (MBPP) has been urged to impose a moratorium on hill developments and reassess every hillside and hill slope development projects.

Khoo Salma Nasution said as a new councillor, she was surprised to learn that certain policies and guidelines were made at state level and then passed down to the council without discussion.

“As a body with the expertise and technical experience to handle physical development planning, the council should ensure its own rules are not compromised and should not bow to development pressure or political pressure just because Penang is a land-scarce state.

“The council is tasked with spearheading the city’s physical development according to the Town and Country Planning Act and the State Structure Plan 2020.

“The rules and guidelines must follow the Penang Structure Plan as well as minimum safety and environmental guidelines,” she said in her adjournment speech during the full council meeting at the City Hall yesterday.

Khoo urged the council to reaffirm all policies, processes, and guidelines to protect the hills.

“New planning rules for development projects, taking into account the public interest, environmental interest and the interest of affected stakeholders and neighbourhoods, need to be introduced as well,” she said.

Khoo said according to the State Structure Plan valid until 2020, development density was set at 15 housing units per acre (0.4ha) in a secondary corridor like Tanjung Bungah.

She said 30 units were allowed per acre in a primary corridor and 87 units per acre for transit-oriented development.

“The state government, however, has already raised the development density to 128 units per acre overall.

“When development is not planned according to the right principles, disaster is likely to happen,” she said.

MBPP mayor Datuk Maimunah Mohd Sharif declined to comment as she had just received a copy of Khoo’s speech.

“I will definitely discuss the matter at the next full council meeting,” she said.

Source: The Star by N. Trisha

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 Penang Forum-nominated councillor addresses full council meeting of MBPP

This is Khoo Salma’s full address (the Malay version below) yesterday: I
was nominated by Penang Forum to be the representative and the voice of
NGOs, including Penang Hills Watch, in the Penang Island City Council
from early this year. My predecessor Dr Lim Mah Hui served with the
council for six years.

 

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Malaysian MACC Act’s Sect.62 declared unconstitutional will be challenged by prosecution



Court of Appeal: Section 62 of MACC Act unconstitutional


PUTRAJAYA: The Court of Appeal has ruled that Section 62 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 is unconstitutional.

Justice Datuk Umi Kalthum Abdul Majid, who chaired a three-man bench, made the ruling after allowing the appeals by Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon to declare Section 62 as unconstitutional in their corruption cases.

The panel held that Section 62 was ultra vires when read against Article 5(1) and 8(1) of the Federal Constitution.

Section 62 requires accused persons to disclose their defence statements to the prosecution before the beginning of the trial.

However, Article 5(1) states that no person shall be deprived of his life and personal liberty save in accordance with law, while 8(1) states for equal protection under the law.

“We allow the appeals and set aside the order of the High Court,” said Umi Kalthum, who heard the appeals with Datuk Ahmadi Asnawi and Datuk Abdul Rahman Sebli on Monday.

The Court of Appeal granted DPP Datuk Masri Mohd Daud’s oral application to stay the proceedings in the Penang High Court pending the prosecution’s appeal over the decision.

On March 7 this year, the High Court dismissed Lim and Phang’s application after ruling that Section 62 of the MACC Act was constitutional and valid as it did not impede the accused’s right to a fair trial.

Lim pleaded not guilty to charges of corruption in relation to the conversion of land from agricultural to residential and the purchase of a plot of land and bungalow at below-market value on June 30 last year.

Lim was charged with using his position as Chief Minister to gain gratification for himself and his wife, Betty Chew Gek Cheng, by approving the application for conversion of agriculture land to a public housing zone in south-west Penang to a company, Magnificient Emblem Sdn Bhd.

He allegedly committed the offence while chairing the Penang State Planning Committee meeting at the operations room, Level 28, Komtar building here, on July 18, 2014.

The charge under Section 23 of the MACC Act 2009 provides for imprisonment of up to 20 years and a fine of up to five times the sum or value of the bribe, or RM10,000, whichever is higher, upon conviction.

Lim faces a second charge of using his position to obtain for himself a plot of land and a bungalow located at No, 25, Jalan Pinhorn, George Town on July 28, 2015 from Phang for RM2.8mil, below market value.

The charge under Section 165 of the Penal Code provides for a jail term of up to two years, or a fine, or both, upon conviction.

Phang pleaded not guilty to abetting Lim in obtaining the bungalow at an undervalued cost.

She allegedly committed the offence at the same place and date.

The charge under Section 109 of the Penal Code read together with Section 165, provides for imprisonment of up to two years, or a fine, or both, upon conviction. – Bernama

MACC will appeal against ruling that Section 62 is unconstitutional


PETALING JAYA: The Malaysian Anti-Corruption Commission (MACC) will be appealing the Court of Appeal’s ruling that Section 62 of the MACC Act is unconstitutional.

The MACC stated in a statement on Tuesday that its prosecutors would be filing an appeal to the Federal Court “as soon as possible”.

“The MACC also wishes to clarify that this decision by the Court of Appeal does not affect the prosecution of Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon,” it said.

On Monday, the Court of Appeal ruled that Section 62 of the MACC Act was ultra vires when read against Article 5(1) and 8(1) of the Federal Constitution, thus deeming it unconstitutional.

Section 62 of the Act requires accused persons to disclose their defence statements to the prosecution before the beginning of the trial.

However, Article 5(1) states that no person shall be deprived of his life and personal liberty save in accordance with law, while Article 8(1) states that all persons are entitled to equal protection under the law.

The ruling was made after allowing the appeals by Lim and Phang to declare Section 62 as unconstitutional in their corruption cases.

Lim currently faces charges for obtaining gratification for himself and his wife related to the conversion of land into residential development and another charge for using his position to purchase a bungalow below market value. Phang has been charged with abetment. – The Star

MACC: ‘Decision has no bearing’

PETALING JAYA: The Court of Appeal’s decision to declare a section of the Malaysian Anti-Corrup­tion Commission (MACC) Act as unconstitutional does not affect the prosecution of the Penang chief minister and a businesswoman, the graft busting body said.

The MACC said in a statement that its pro­secutors would be filing an appeal to the Federal Court “as soon as possible”.

“The MACC also wishes to clarify that this decision by the Court of Appeal does not affect the prosecution of Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon,” it said.

On Monday, the Court of Appeal ruled that Section 62 of the MACC Act was ultra vires when read against Article 5(1) and 8(1) of the Federal Constitution, thus deeming it unconstitutional. Section 62 requires accused persons to disclose their defence statements to the prosecution before the trial begins.

But Article 5(1) states that no person shall be deprived of his life and personal liberty save in accordance with law, while Article 8(1) states that all persons are entitled to equal protection under the law.

The ruling was made after allowing the appeals by Lim and Phang who sought to declare Section 62 as unconstitutional.

Lim currently faces charges for allegedly obtaining gratification for himself and his wife related to the conversion of land into residential development and another charge for allegedly using his position to purchase a bungalow below market value.

Phang has been charged with abetment.

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


 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Police must act swiftly


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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

On The Beat By Wong Chun Wai The Star

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

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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

Related:  

 Developer to investigate

‘The ground shook and the bridge came crashing down’

Pedestrian bridge collapse: Long road to recovery for injured victims

Bridge collapse: SAR operations stopped, one worker still missing 

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

Related:

Rehda: Not feasible to have third party monitor construction sites now …

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Building structural integrity & failure: problems, inspections, damages, defects, testing, diagnosis, repair 

 

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