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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Graft-busting to expand after Selangor Unisel deal and Penang cases


MACC raids Unisel, MBI and contractor’s office … – The Sun Daily

MACC officers conducting raids on University Selangor, Shah Alam on Aug 22, 2017. — Sunpix by Zulfadhli Zaki

 KUALA LUMPUR: After Penang and Selangor, more states can expect to come under the scrutiny of graft-busters.

“It has been ‘hot’ these days. What other states after this? Let’s wait and see,” hinted Malaysian Anti-Corruption Commission (MACC) chief commissioner Datuk Dzulkifli Ahmad during his speech at the launch of a play, Bahara Emas, which will be held from October to December nationwide in conjunction with the commission’s 50th anniversary.

He said more arrests and charges against the corrupt would take place from now until the end of the year, adding that the days were numbered for those still blinded by material possessions and money.

On allegations that the MACC’s actions on certain parties were “planned”, Dzulkifli stressed that they were not biased in their investigations.

“We don’t choose our targets. Whoever it is, whether they are politicians, civil servants or corporate figures, we will take action.

“Once a report is received and we have determined that it has a strong basis, we will carry out raids and seize documents.

“Once there is enough evidence, only then will we make arrests,” he said, adding that proper planning must be done before his officers moved in “at the right time”.

Earlier in his speech, Dzulkifli revealed his inspiration to make weekly arrests came from a 2015 Indian action movie called Gabbar Is Back, depicting the protagonist’s mission to rid corrupt officials.

“We want to empower the people to stand up and say no to corruption.

“Why? Because the MACC is here with you.

“We are the people’s voice and machinery,” he said.

Citing a case in Penang which caused pollution and another in Pahang over illegal bauxite mining, Dzulkifli said these cases happened due to issues of corruption and abuse of power.

He pointed out that those greatly affected by corruption were the people and not the ones in power, which was why “the MACC is here to carry out a probe”.

By Royce Tan The Star

MACC probes Unisel campus

 

 

 

 

SHAH ALAM: The Malaysian Anti-Corruption Commission (MACC) is currently conducting a raid at Universiti Selangor (Unisel) in Section 7 here.

Six uniformed officers from the national anti-graft body arrived at the campus here at 9.50am on Tuesday in two separate vehicles.

Upon entering the campus’ administrative building, the officers were greeted by staff members who brought them up to the offices.

The MACC is simultaneously raiding four other offices of Unisel, Mentri Besar Incorporated (MBI) and Jana Niaga Sdn Bhd offices in connection with the case.

Several uniformed officers from the MACC going in to the Unisel main campus’ administration office at 11.10am.

Uniformed MACC officers were also at the Unisel main campus in Bestari Jaya.

They are currently conducting a raid at the university’s administration office which is located inside the library building.

Three officers, meanwhile, arrived at the Mentri Besar Incorporated (MBI) office at Bangunan Darul Ehsan, in Shah Alam to conduct a raid.

In KUALA LUMPUR, anti-graft officers are raiding a Jana Niaga office on Jalan 4/76C.

Four officers arrived at 10.25am in a vehicle with heavily tinted windows to conduct the raid.

It is believed the MACC is acting on a report lodged with it against Selangor Mentri Besar Datuk Seri Azmin Ali and MBI over a dispute between Unisel and its contractor Jana Niaga.

It had been reported that Jana Niaga allegedly received monetary compensation and a new contract from Unisel, despite failing to complete a previous contract.

Source: The Star by danial albakri, m. kumar, andallison lai

Commission raids Unisel, MBI and contractor’s premises to investigate RM16mil payment

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SHAH ALAM: The Malaysian Anti-Corruption Commission (MACC) carried out simultaneous raids on five locations in Selangor and Kuala Lumpur in its probe of RM16mil allegedly paid by a Selangor government-owned company to a private firm for maintenance work.

The places raided included the Universiti Selangor (Unisel) main campus and office, two offices belonging to the contractor – Jana Niaga Sdn Bhd – and the Menteri Besar Selangor Incorporated (MBI) office.

In all, officers took away 10 boxes and one suitcase filled with documents relating to the payment made by MBI to Jana Niaga for maintenance work of student accommodations at the Unisel main campus in Bestari Jaya.

MACC officers leaving the Jana Niaga office in Desa Pandan after the raid. Jana Niaga was responsible for maintenance work on student accommodations at the Unisel main campus in Bestari Jaya.

Sources said MBI had allegedly made the payment to Jana Niaga via two transactions of RM10mil and RM6mil in 2015 and 2016 respectively.

Initial reports received by MACC showed that MBI had paid Jana Niaga even though its contract had been terminated by Unisel.

The sources added that the MACC probe focused on the reasons why the payments were made even though Jana Niaga had failed to fulfil the contract agreement for the work done in Unisel in 2012.

MACC director of investigations Datuk Simi Abd Ghani said the investigating teams seized documents related to the case from the different locations.

“We’re still in the early stage of our investigations and we will gather strong and sufficient evidence before we proceed,” he added.

MACC officers raided the Unisel main campus in Bestari Jaya and office here, Jana Niaga’s offices in Desa Pandan and Bestari Jaya, and MBI’s office in Bangunan Darul Ehsan here.

At the MBI office, five MACC officers started their inspection at 10.45am and left at 5.50pm with a medium-sized suitcase and a box filled with documents.

Four boxes of documents were taken from the Unisel Treasurer’s office in Section 7 here at 4.30pm after the officers spent nearly seven hours there.

Other MACC officers also went to the Unisel main campus in Bestari Jaya, Kuala Selangor, and left with three boxes of documents at 4.50pm.

A Unisel spokesman said it would give its fullest cooperation to the MACC investigation.

In Kuala Lumpur, four uniformed officers went to Jana Niaga’s office in Jalan 4/76C in Desa Pandan at 10.25am and left carrying two large boxes of documents at 4.26pm.

When approached, one of the officers said the documents were from 2011 onwards. – The Star

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NGO alleges abuse of power by MBPP councillors


GEORGE TOWN: A non-governmental organisation has lodged a report with the Malaysian Anti-Corruption Commission (MACC) against two Penang Island City Council (MBPP) councillors for alleged abuse of power.

Persatuan Surplus Pulau Pinang chairman Sophian Mohd Zain urged the commission to probe the matter thoroughly.

He said the first case involved councillor Sharuddin Shariff who lives in a public housing unit in Sungai Pinang despite receiving a monthly allowance of RM4,000 from the council.

“This is not right at all,” he said before lodging the report accompanied by former MBPP councillor Syazwani Mohd Amin.

Sophian also lodged another report against councillor Azrizal Tahir whom he alleged held two state-appointed posts.

He said Azrizal as a councillor should not have held the Village and Security Development Committee (JKKK) post and receive allowances from both positions.

When contacted, Azrizal urged the complainant not to trouble the MACC by asking them to probe cases with no basis.

He said those who lodge such reports should do their homework first.

“A press conference will be arranged to explain the matter soon,” he said briefly.

Source: Edmund Lee newsdesk@thesundaily.com


MACC reports filed against PKR duo

GEORGE TOWN: Two PKR’s Penang Island city councillors have denied any wrongdoings as alleged by two non-governmental organisations which lodged reports with the state anti-graft body.

One of them, a four-term councillor, said there were no rules or regulations to prevent a councillor from becoming a village development and security committee (JKKK) chairman.

“But under a state policy which was enforced last year, we were advised not to hold the two positions at the same time.

“I have since let go of my JKKK post. I urge the complainants to check with the district office first and not to hurl baseless allegations against us,” he said when contacted.

Earlier, two NGOs – Persatuan Kebajikan Surplus Pulau Pinang and Kota – lodged reports with the Penang MACC over the alleged wrongdoings of the two councillors in Jalan Sultan Ahmad Shah yesterday.

Persatuan Kebajikan Surplus chairman Sophian Mohd Zain claimed one councillor was the JKKK chairman of Permatang Damar Laut.

“A councillor receives allowance from the local government while a JKKK post is appointed by the state government. This is a conflict of interest.

“We hope the state government will clear the air in the name of CAT (Competency, Accountability and Transparency),” he said.

Also present was former councillor Noor Syazwani Md Amin, who was terminated from her post in April.

Sophian also claimed that a first-term councillor still had a People’s Housing Programme (PPR) flat in Sungai Pinang despite having an allowance of RM4,000.

The maximum eligible household monthly income for a PPR applicant is RM2,500.

A councillor is entitled up to RM1,200 in allowances for attending meetings and a RM300 mobile phone subsidy.

“How could he still be holding the key to a PPR flat for a RM100 monthly rental? The PPR flats are meant for the poor.

“The councillors are the policy makers in the local government while the PPR flats are under the purview of the council.

“I don’t think the council staff would dare to act against the councillors,” he added.

Sophian hoped the MACC would investigate the matter.

The said councillor could not be reached for comment.

Source: by Tan Sin Chow he Star

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Arrest linked to illegal operation of carbon filter factory in Bukit Mertajam

For 10 years, a factory has been illegally burning sawdust to produce carbon for filters, forcing villagers and schoolchildren in parts of Bukit Mertajam to breathe dust-laden smoke every day. The matter has now flared up with the arrest of Penang exco man Phee Boon Poh and two of the factory’s directors by the MACC. All three are set to be remanded today.

GEORGE TOWN: An illegal carbon filter processing factory has become a burning issue in Penang with the arrest of state executive councillor Phee Boon Poh and two factory di­­rectors by graft-busters from the Malaysian Anti-Corruption Commis­­sion (MACC).

All three are expected to be remanded today.

The factory in Kampung Sungai Lembu in Bukit Mertajam was in the news on Wednesday when MACC officers raided its premises and seized several documents.

Yesterday, a team of five MACC officers raided Phee’s office at Level 53 in Komtar at about 11.30am and took away more documents.

Phee, who chairs the state Wel­­fare, Caring Society and Envi­­ron­­ment Committee, was asked to report to the Penang MACC headquarters in Jalan Sultan Ahmad Shah. He was arrested at 3.30pm when he turned up at the MACC building.

MACC deputy chief commissioner (operations) Datuk Azam Baki said Phee was detained under Section 23 of the MACC Act for abuse of power.

The section provides for a jail term of up to 20 years and a fine of up to five times the value of the bribe or RM10,000, whichever is higher.

The 66-year-old Phee was brought back to his house in Butterworth at about 5pm in his car and escorted by two MACC vehicles. It is learnt that he packed some personal be­­longings from his house before lea­­ving for the state MACC headquarters at 7.05pm.

The MACC also arrested a 70-year-old man and his 37-year-old son, the manager and director of the factory, at 6.05pm and 6.35pm respectively.

The two were summoned to the state MACC headquarters to give their statements before they were detained.

Lawyer R.S.N. Rayer, who accompanied Phee to the Penang MACC headquarters, said the exco man was asked to meet MACC officers after 2pm.

“I was informed that they (MACC officers) went to his office and took some documents including letters that he wrote. They wanted to re­­cord his statement regarding the documents.

“He gave his full cooperation and presented himself at the MACC office. I am surprised that he was arrested,” he said before leaving the state MACC building at about 4.30pm.

Earlier, the five MACC officers spent more than an hour in Phee’s office.

Shortly after they left, Phee and four assistants walked out of the office.

Phee declined to comment on the raid.

He is the second member of the current Penang state administration to be arrested by the MACC.

Chief Minister Lim Guan Eng was arrested in June last year over the purchase of a RM2.8mil bungalow in Pinhorn Road.

He was subsequently charged with using his position as the Chief Minister of Penang 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 the com­­pany, Magnificient Emblem Sdn Bhd.

He allegedly committed the of­­fence while chairing the Penang State Planning Committee meeting at the operations room in the Komtar building 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 a plot of land and a bungalow located at No 25 Jalan Pinhorn, George Town, on July 28, 2015, from businesswoman Phang Li Koon for RM2.8mil, a price which he allegedly knew did not commensurate with the property’s market value at the time of RM4.27mil.

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.

Late last night, Lim was among several DAP leaders and members who turned up outside the state MACC headquarters to stage a candlelight vigil in support of Phee.

Source: The Star by crystal chiam shiying, chong kah yuan, lo tern chern, andlogeiswary thevadass

10 years of smoke in the eyes for villagers

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BUKIT MERTAJAM: For about 10 years now, the villagers of Kampung Sungai Lembu have been forced to breathe air laden with pollutants. Children going to school at SJK(C) Kampung Sungai Lembu also have had to put up with the thick dust.

The air is thick with a burning smell from the processing activities at an illegal carbon filter processing factory, just 1km away from the school.

The 5,000sq-m factory, about the size of a football field, has piles upon piles of sawdust, much of it burning in deep pits.

The tall chimneys spout white pollutant-filled smoke into the air which is carried to the nearby villages by the slight breeze.

A source from the Department of Environment revealed that the factory also did not have an air pollution control system.

Kampung Sungai Lembu Deve­lop­ment and Security Committee chairman Tan Sing Lee, 58, said the factory also carried out open burning of sawdust to produce carbon.

“Every time the wind blows our way especially in December, the air is polluted. At night, the air is foggy and villagers complain about the smell,” he said.

“We reported the matter to Penanti assemblyman Dr Norlela Ariffin but no action was taken in the past two years,” he said.

The factory is also situated inside an oil palm estate, on land designated for agriculture.

Tan claimed a man in his 30s died in 2015 after he fell into one of the pits while filling it with sawdust.

A check by The Star at the factory yesterday found 20 pits, each measuring about 3m across. The pits were filled with burning sawdust and there was smoke everywhere. The sawdust is burnt to produce carbon which is then used in filters.

Permatang Pauh Umno chief Da­­tuk Mohd Zaidi Mohd Said claimed there may have been people in­­volved in covering up the issue before the raid on the factory by the Malaysian Anti-Corruption Commis­­sion (MACC) on Thursday.

“Several reports have been lodged against the factory.

It is impossible for the Seberang Prai Municipal Council to not be aware of it,” he said during a press conference in Kampung Sungai Lembu.

Also present was Parti Cinta Malaysia deputy president Datuk Huan Cheng Guan.

PKR rep Norlela glad over action against illegal factory

 

BUKIT MERTAJAM: Penan­ti’s PKR assemblyman Dr Norlela Ariffin (pic) is pleased that action is finally being taken by the MACC over an illegal factory in Kampung Sungai Lembu.

Dr Norlela said she raised the issue of the carbon filter processing factory more than two years ago. “The villagers told me about their concerns in February 2015. I raised the matter at the state assembly sitting but no ac­­tion was taken for two years,” she said.

It was in November that Dr Norlela broke down and sobbed uncontrollably at the assembly, clai­­ming the state government had failed to respond to her queries.

She lamented then that she had complained of many woes like illegal factories, frequent flooding and the lack of infrastructure like roads and proper jetties for fishermen.

“Early this year, before the state assembly sitting, villagers handed me an 18-page petition, appealing for the factory to be closed as they claimed it was affecting their health.

“It was also found that the factory was not operating according to guide­­­­lines,” she said yesterday.

In May, her allocation was withheld after she did not show up at the Yang di-Pertua Negri’s swearing-in ceremony.

Earlier this month, she complained that funds collected for flood mitigation had not been used to help her constituents.

“In Penanti alone, there are nine flood-prone areas that could greatly benefit from these funds,” she re­­portedly said, citing the Auditor Ge­­­ne­­ral’s Report 2016 Series 1 which revealed that the Seberang Prai Municipal Council had only used RM2.2mil of RM63.39mil collected from 2008 to June 2016.

Dr Norlela is among several as­­sem­­blymen who have been at loggerheads with the state leadership, often criticising it for not carrying out its duties or for not caring about the environment,

Last month, she praised the Sungai Buloh-Kajang MRT project and took a swipe at the Penang Transport Master Plan by comparing the construction cost of both projects in a video she posted on social media.


DAP’s lone ranger faces his biggest test

GEORGE TOWN: Two-term Pe­­nang executive councillor Phee Boon Poh, 66, gained fame as a vocal opposition leader when he took on 38 Barisan Nasional representatives in the state assembly when he was the sole DAP assemblyman from 2004 until 2008.

Despite being overwhelmed, the “lone ranger” raised many issues.

Although PAS was represented by Mohd Hamdan Abdul Rahman, it was Phee who questioned the policies of the state administration headed by Tan Sri Dr Koh Tsu Koon.

Phee began his political career by winning the Bagan Jermal state seat in 1990, only to lose it to Barisan’s Tan Sri Dr Sak Cheng Lum in 1995.

In 1999, he contested the Sungai Puyu seat but lost to Barisan’s Loo Ah Dee. In 2004, he wrested it from Loo with a 607-vote majority.

In 2008, he retained his state seat with a 9,201-vote majority and was appointed state Welfare and Caring Society chairman.

He later took over the environment portfolio from state exco member Chow Kon Yeow.

In the 2013 general election, he beat MCA’s Sum Yoo Keong by 16,207 votes.

Phee is a distant relative of businesswoman Phang Li Koon, who has been charged with abetment in the two corruption cases against Chief Minister Lim Guan Eng.


MACC probes Phee’s letters – Directing council to ‘stay away’ under investigation

Phee Boon Poh mobbed by the media after he was remanded in George Town. — ZAINUDIN AHAD and ZHAFARAN NASIB/The Star

PENANG: The Malaysian Anti-Corrup­tion Commission (MACC) is investigating two letters, which appear to have originated from state executive councillor Phee Boon Poh, asking that no action be taken against an illegal factory.

The letters, written in 2015 and 2016, directed the Seberang Prai Municipal Council from shutting down the carbon filter-processing factory which had been operating illegally for the past 10 years.

The MACC is also investigating whether Phee or his officials had authorised the letters telling the council to back off.

As Phee and two of the company’s directors were remanded yesterday, the MACC is expected to call up a DAP state assemblyman for questioning.

The MACC is believed to be investigating the role of this state assemblyman in the case.

It is understood that MACC is also probing the relationship between Phee and the factory owners.

It wants to find out how the factory could operate openly despite complaints from the villagers nearby.

“The illegal factory is on an agro-based land. (We want to know) why it has been able to operate without any action (taken against it),” a source told Sunday Star.

 

Too close for comfort: The illegal carbon filter-processing factory still operating and its proximity to Kampung Sungai Lembu and surrounding areas near Bukit Mertajam. 

When contacted, MACC deputy chief commissioner (operations) Datuk Azam Baki said the anti-graft body will carry out a thorough probe and look into all angles.

Azam said investigations will focus on the element of abuse of power.

“We have opened an investigation paper under Section 23 of the MACC Act.

“We will look into whether one of the suspects has given (any form of) protection to the illegal factory to enable it to continue operating the last 10 years,” he said.

He declined to elaborate further as investigations were ongoing.

Sources said anti-graft officers revisited the house of the state exco member in Sungai Puyu on the mainland to look for more evidence to assist in the probe.

It is not immediately known if documents were seized.

The homes and offices of two other suspects will also be revisited as part of the probe.

More arrests are expected in the coming days as investigations into the case widen.

Source: The Star by simon khoo, crystal chiam shiying, lo tern chern, akil yunus

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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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Local Council hoarding RM60mil in drainage funds


GEORGE TOWN: More than RM60mil collected from developers as drainage contributions in Seberang Prai has reportedly not been given to the state Drainage and Irrigation Department (DID).

Pulau Betong assemblyman Datuk Muhammad Farid Saad, who lashed out at Seberang Prai Municipal Council (MPSP) for withholding the money, said only RM2.2mil of RM63.39mil collected from 2008 to June last year was disbursed so far.

He said that according to the Auditor-General’s Report 2016, the move went against the directive which required contributions from developers to be channelled to a trust account maintained by the state DID director who would act as its controlling officer.

“MPSP’s failure to transfer the funds has resulted in many stalled flood mitigation projects.

“In 2016 alone, four places in central Seberang Prai were hit by flash floods 21 times.

“The rakyat are at the receiving end, all because MPSP wants to portray itself with a nice balance sheet.

“In the state assembly, the state government on April 2014, announced that it had increased the contributions from RM10,000 per acre to RM50,000 per acre.

“Did they spend part of the contributions on something else instead of drainage and irrigation or flood mitigation?” Muhammad Farid asked in a statement.

He said the Auditor-General also reported that MPSP’s Treasury Department was instructed to hand over RM400,000 annually to DID in 2010.

“That instruction did not get the approval from the state government. This is improper and action has to be taken.

“It is inappropriate for the local authority to make decisions behind the backs of the Chief Minister and state government.

He criticised MPSP for showing a lack of commitment in tackling floods.

“It is an irony that a local council which has won international accolades does not follow directives.

“The exposure by the Auditor-General has dented MPSP’s integrity.

“Its delay in handing over the contributions shows that it did not adhere to the state government’s CAT (competency, accountability and transparency) policy.

“Are they trying to secure another award — a local council with the healthiest coffers?”

MPSP president Datuk Rozali Mohamud said he would comment after reading Farid’s report in print.

Source: The Star

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China holds parade in celebration of the People’s Liberation Army (PLA) 90th Birthday



Viewhttps://youtu.be/2fhP6IcIiv4

What message did China’s military parade send?

China holds ceremony to mark 90th anniversary of PLA founding

Chinese President Xi celebrates military in speech  focused on peace, future – CGTN America

BEIJING — President Xi Jinping said Tuesday that the Chinese People’s Liberation Army (PLA) is moving rapidly toward “strong” informationized armed forces.

Xi said the PLA has transformed from a “millet plus rifles” single-service force to one that has fully-fledged services and has basically completed mechanization.

He said that the PLA must be bold in reform and adept in innovation while staying away from rigidity and stagnation at any time and under any circumstances.

Xi reaffirmed the Communist Party of China (CPC)’s absolute leadership over the PLA.

“To build a strong military, [we] must unswervingly adhere to the Party’s absolute leadership over the armed forces, and make sure that the people’s army always follow the Party,” he said.

Xi called for a new generation of “capable, brave and virtuous” army “with souls” in order to build a strong military.

Calling political work the “lifeline” of the PLA, Xi said troops must have ironclad faith, beliefs, disciplines and responsibilities, and retain their nature and tenet as the people’s army.

Xi has urged the country’s armed forces to bear in mind the sacred duty of fighting for the people.

The PLA is deeply rooted in the people and the strength comes from the people, said Xi.

Xi called on the PLA to maintain its close relationship with the people and “go through thick and thin” with them.

The PLA should also actively contribute to the economic and social development in stationed areas to benefit the people with actions, said Xi.

Xi urged boosting integrated military and civilian development amid efforts to build a strong military.

China must build a national strategic system and capacity of military-civilian integration, he said.

The CPC has established its thoughts on building a strong military in a new phase, Xi said.

The Party has put forward a series of new ideas and requirements concerning national defense and military building in the past five years since the 18th CPC National Congress, which together constitute the CPC’s thoughts on building a strong army in the new phase, Xi said.

The Party’s military strengthening theories should be constantly enriched and developed to cope with new challenges and solve new problems under new circumstances, he said.

He stressed “coordinated, balanced and inclusive development” of economic and national defense construction.

China will never compromise on its sovereignty, security or development interests, Xi said.

“The Chinese people love peace. We will never seek aggression or expansion, but we have the confidence to defeat all invasions. We will never allow any people, organization or political party to split any part of Chinese territory out of the country at any time, in any form,” Xi said.

“No one should expect us to swallow the bitter fruit that is harmful to our sovereignty, security or development interests,” he said.

Xi, also general secretary of the Communist Party of China Central Committee and chairman of the Central Military Commission, made the remarks while addressing a grand gathering in celebration of the PLA’s 90th founding anniversary.

Source: China Daily/Asian News Network

PLA ready to guard sovereignty 

 

Standing ready: Chinese paramilitary policemen stand in formation at Tiananmen Square after attending a ceremony to commemorate the 90th anniversary of the founding of the People’s Liberation Army at the Great Hall of the People in Beijing. — AFP

BEIJING: The Chinese army will step up its pace of improving its joint combat capabilities and “stand ready to fight and win at any time”, State Councilor and Minister of National Defense Chang Wanquan said.

Speaking about the cross-Straits situation, Chang said yesterday the People’s Liberation Army is “confident, capable and fully prepared to resolutely safeguard State sovereignty and territorial integrity”.

Chang made the remarks during a speech at a grand reception marking the 90th anniversary of the founding of the PLA, which fell yester­day.

President Xi Jinping, who is also general secretary of the Communist Party of China Central Committee as well as chairman of the Central Military Commission, attended the reception along with other party and state leaders.

The PLA has come a long way since its birth during the armed uprising in the city of Nanchang on Aug 1, 1927, when it had only 20,000 soldiers.

Xi oversaw and addressed a grand military parade on Sunday marking the 90th anniversary at the Zhurihe Training Base in North China’s Inner Mongolia region.

Yesterday morning, Xi attended a grand ceremony in Beijing commemorating the 90th anniversary and delivered a speech.

Led by Xi, the PLA has been advancing reform, technological upgrades, boosting training and combat readiness, Chang said.

Through this, it has achieved thorough restructuring and greatly enhanced its combat effectiveness, he added.

The military will press ahead with reforms and staunchly focus on winning in combat and training for readiness, Chang said.

Speaking of the cross-Straits situation, Chang said adherence to the 1992 Consensus and opposition to Taiwan independence constitute the political foundation of peace and development of cross-Straits relations.

Any form of secessionist attempt by anyone at any time would surely be opposed by the whole Chinese people and nation, he added.

Noting the Chinese military’s role as a contributor to world peace, he said the PLA facilitates global development and supports international order.

As of June, the Chinese military had participated in 24 UN peacekeeping missions, sending 31,000 personnel, 13 of whom lost their lives on duty. — China Daily/Asia News Network

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