Sliding With Your Host

The NEP: one of the roots of corruption
NO HOLDS BARRED
Raja Petra Kamarudin

Penang offers RM10,000 reward for info on corruption

Penang Chief Minister Lim Guan Eng said on June 2 the state government is offering civil servants RM10,000 for providing information on colleagues who commit corrupt practices.

Lim said on the plan take effect immediately.

He said the plan was part of the state government's competency, accountability and transparent philosophy, as it seeks to improve delivery system.

He added that one staff member was the first recipient for exposing such wrongdoing. He added this would also act as a preventive measure. – THE EDGE

THE ANTI-CORRUPTION LAW
By Dr. Mahathir Mohamad

1. We need a law against corruption just as we need laws against all crimes. But sometimes the laws are so framed that they promote crime rather than prevent them. Such a law is the Malaysian law on corruption.

2. It seems logical and right that those who receive illegal gratification should be considered guilty of breaking the law and should therefore be punished. But when we talk of corruption we think of those endowed with power abusing their power in order to gain personal benefit. We think that those who offer gratification as being the victim and should be given some consideration.

3. But the law says that those who pay for the service they receive should also be considered as guilty and should be equally deserving of punishment.

4. Since both the giver and the recipient may be charged with corruption, both would be unwilling to report the incident. This of course makes corruption difficult if not impossible to be brought to a court of law and tried successfully.

5. Besides the process of law would be much prolonged, as each would seek lawyers to argue on his behalf. Not only will the trial take ages but the result can be quite unpredictable.

6. But there is another factor. The person reporting would be marked by those sympathetic to the other party so that it would affect his dealings with them as well. If they are Government servants whose approval would be needed, the approvals may not be forthcoming at all later, even if other officers are involved.

7. Because of the ineffectiveness of the laws corrupt people often get away with their corrupt practices.

8. Yet corruption is such a bane on society that it must be stopped somehow. If the law is ineffective then it must be made to be effective. One of the ways is to give immunity to the aggrieved party reporting the case, provided that the evidence was substantial and not perjury.

9. In the case of political corruption both parties may be willing participants. The bribe is given by a candidate to a willing recipient to gain support for himself. Both are therefore unlikely to complain and reveal the act.

10. The recipients on the other hand would be glad to receive the bribe, unless he is a person of high principal unwilling to betray the cause his party was fighting for.

11. In political corruption it would be extremely difficult to get evidence of the bribe being given or received. Electronics now play a role to hide the act. The money is deposited into the account of the person (voter) concerned via the ATM machines. The recipient would be called via phone to ask whether the money had been received, giving the name of the candidate.

12. Despite the difficulties for detection, a Government that is truly determined to prevent corruption can find ways of detecting corruption. But if the Government itself is corrupt then corruption cannot be stopped. In fact corruption would spread in every direction and would become a way of life. At this stage nothing can really be done.


There you have it. One is a statement by the Chief Minister of one of the most economically progressive states in Malaysia and the other is a statement by he who ruled Malaysia for 22 years and dragged us screaming and kicking into the modern world. Nevertheless, they have both missed the mark by a mile. The problem is not that we need more laws or a reward system for stool pigeons. The problem is that we are an overregulated country. And excess regulations breed corruption in a society that froths and foams at the mouth screaming about religion but is steeped in vile.

It never ceases to amaze me when Malays rant and rave like cows suffering from Mad Cow Disease after Friday prayers in demonstrating their support for Islam, and in condemning those they perceive as having insulted Islam, when these are the same people who are corrupted like hell. Give me an atheist who upholds decent values and clean living anytime. I trust these people more that the corrupted religionists. Corrupted religionists are extremely dangerous and the millions of people murdered over thousands of years by religionists hiding behind the name of God is testimony of how dangerous they can be. I sometimes wonder whether religion is really the cause of all our problems and whether mankind is better off without it.

Malaysia needs to deregulate. Malaysians, in particular those Malays who are in government and those who walk in the corridors of power, are just too corrupted and hypocritical to be entrusted with the job of regulating things. Now don’t get me wrong. Chinese and Indians too are extremely corrupt. Just looks at the Port Klang Free Trade Zone fiasco and Samy Vellu as examples. These are totally ‘non-Bumi’ corrupt acts. The only ‘good’ thing is these MCA and MIC slime-balls and scumbags do not go around shouting that the Kafirs are going to hell like the Malays do.

Do you know that 70% of the slot machines (one-arm bandits) are owned by one Chinaman who is a crony of anyone who becomes Prime Minister since the time of Tun Dr Mahathir? Yes, and this man paid Hee RM25 million to bring down the Pakatan Rakyat Perak government.

And do you know how much he pays to operate these slot machines? And we are talking about tens of thousands of slot machines here. First he has to pay the Umno politicians a hefty sum for the licence. Then he has to pay a monthly ‘commission’ to ensure that the licences are not cancelled. Then he has to pay the police a monthly ‘protection fee’ to ensure that the premises where the slot machines are located are not raided and the machines confiscated for ‘breaching the terms and conditions of the licence’.

If you want a gun licence that too can be arranged. All it takes is the right fee to the state Chief Police Officer. The less eligible you are the higher the fees to get the gun licence. If you are an underworld boss then the price can go as high as RM250,000.

If you get arrested then no problem, even for crimes that attract the death penalty. If you are a ‘common’ drug pusher then the fee to escape the death penalty is RM250,000 while if you are a rich tycoon Datuk then it can go as high as RM10 million or more depending on how strong the evidence against you is and whether they also need to make this evidence ‘disappear’.

A Datukship, especially of you are a Chinese underworld boss who needs some ‘respectability’ to your name, starts from RM250,000. Tan Sri is even more expensive while the ‘lesser’ JPs can go for RM50,000 to RM100,000. (I remember a Malay Tan Sri who missed his flight because the Germans paged for a Mr Tan and he did not know they were calling him).

You need licences and permits to do anything in Malaysia. And that is why Malaysia is so corrupted. Eliminate all these licences and permits and corruption would be reduced drastically. Those who make the most money through corrupt means are those who approve these licences and permits and those who are the beneficiaries of these licences and permits. No permit, no corruption. No licence, no corruption.

Of course, in many instances, these licences and permits are imposed to ensure that the aspirations of the New Economic Policy (NEP) are met. You need to be a Bumiputera or meet the conditions of the NEP to qualify for the licence or permit. Most times the Chinaman would just need to go into an Ali Baba arrangement with a corrupted Malay, while another corrupted Malay would approve the licence or permit for an under-the-table fee. Then they all go to the mosque to pray and scream that they will go to heaven while the Kafir are going to hell.

Give me just a day as Prime Minister and I will cut down corruption by at least half. I will just abolish all licence and permit requirements. You want to do business, just set up your stall. You want to open a gambling den, carry on, buy all the slot machines you require, no need licence. Just pay the local council tax and licence fee and you can do whatever you want.

Take the Ah Long problem as another example. Back in the 1970s we in the Malay Chambers of Commerce already told the government about this problem. But the Ah Longs are in partnership with the police so nothing was done about the problem. That’s right, you think the Ah Longs can operate if not for the fact they pay the police protection money?

Now, 30 years later, everyone is screaming. Hey, we screamed 30 years ago. Why only now you scream?

We did a study in a small fishing town called Dungun in Terengganu (YB Rosli Pop, over to you, you know about this). Invariably, this is a Malay town. We found out that almost every Malay petty-trader borrows money from Ah Longs at the sepuluh-empat rate. This means they pay 4% interest a day.

They borrow RM1,000 but will receive only part of that money. The interest is deducted in advance. Yet they are considered having borrowed RM1,000. Then, every day, they have to pay RM40 interest. Every day! The RM1,000 principal, however, remains the same. That never gets reduced. So they pay RM40 a day for the rest of their life while they owe RM1,000 also for the rest of their life.

Why does this happen? Well, these Malay petty-traders can’t get loans from proper banks. Banks need collateral, guarantors, working papers, cash flows, feasibility studies, etc., before they give you a loan. In other words, you need to be rich to borrow money from a bank. Poor people just can’t borrow money. So they go to Ah Longs to borrow money at RM40 interest a day on every RM1,000 they borrow. They don’t need working papers, cash flows and feasibility studies to borrow from Ah Longs and the collateral is their life and that of their family. And the police will help act as debt collectors if you don’t pay your RM40 a day for every RM1,000 borrowed.

No, we don’t need more anti-corruption laws. We need an end to licences and permits. And abolishing the NEP would also help to a certain extent. Then we need to execute corrupted Malaysians like what they do in China. That will not eliminate corruption totally but it would certainly help reduce it drastically. And if Malays can become proper Muslims and not talk-only Muslims, then that may help bring corruption way down. Until then, cakaplah sampai berbueh mulut.

Oh, and Pakatan Rakyat states are not exempted from corruption either. Maybe YB Ronnie Liu can help explain what happened to the state wide WiFi project for Selangor. Selangor started first but it appears like Penang is making better progress. Is this because we have idiots running the Selangor State Government or is there corruption involved here?

And if you don’t reply, Ronnie, I am coming to Pandamaran to chop of your balls and will nail them to the wall.

The Ex's And The Survivalist

Ex-Malaysians and their right to speak
By James Chin (The Malaysian Insider)

One of the more interesting letters I have read in recent times was a letter from a Malaysian, George Lee, who has migrated to Australia. In this letter, he basically badmouthed the entire country and waxed lyrical about all the wonderful things about his newly adopted country, Australia.

This sort of letters always attract a lot of comments, some rude, while other readers gave the reasons why they are still in Malaysia, despite being discriminated against as a non-Malay.

The number of Malaysian taking up permanent residence elsewhere is, at best, guesswork since they will not tell the Malaysian government that they have PR overseas.

However, we can make an educated guess. A workshop held a few years ago at a Chinese-based think tank in Kl suggest that since 1970, more than a million Malaysians have moved overseas permanently. More than 80 per cent are non-Malays and, in particular, Chinese.

The reasons are varied but centre around three basic issues.

First, they feel they have no future given the open racial discrimination and pro-Malay policies of the government.

Second; they can earn better money and enjoy a higher quality of life in other countries, especially in Western countries such as US, UK and Australia.

Third, they want their children to have an equal chance when it comes to tertiary education. They feel that with the official and unofficial quota system in Malaysia, their children can never get a place in a local university or any other government-funded institution.

Needless to say, the loss to the nation is tremendous. Those who move overseas are the ones with the talent, capital and skills. This is why they can get PR outside Malaysia.

When this was pointed out to a former deputy PM, he said “good riddance”. Hence, we can take it that the government is not very worried about losing these highly skilled people since they are non-Malays and are not going to support the BN anyway.

A far more interesting question is, do these ex-Malaysians have the right to say things about Malaysia now that they have a comfortable home outside Malaysia? Do they have the right to badmouth us on the NEP, racial politics, religious discrimination, etc, given that they have “escaped” all these problems?

Many of those who commented on George’s letters appeared to think he has lost the right to say things about Malaysia since he did not stay back and “fight” the system. Many would argue that he is a quitter and hence, has given up his right to criticise the system.

There are also those who think he should have the right to criticise, with some readers actually thinking that he should tell the whole world what is really happening in Malaysia.

The whole debate is interesting as this question would never apply to a Malay who has moved overseas. Yes, my friends, there are many professional Malays who have migrated or taken up PR overseas. I have personally met some of these people.

Despite being the “chosen ones” in Malaysia, they have decided to move overseas.

In today’s political climate, the moment you criticise the country from outside Malaysia, there is an unwritten assumption that you must be a non-Malay who is getting back at the country for the “sufferings” under the NEP.

Yet, one can argue that this successful group who managed to migrate overseas suffered the least since they got out. The only “suffering” they endured is the emotional scars of having to move to a new country and not enjoying the extended family network.

My own take on the situation is that an ex-Malaysian has as much right to say things about this country as the any person living in Malaysia.

They may badmouth Malaysia but the very fact they cannot keep their mouth shut shows how deeply they feel for this land in the first place. Many of them still make regular visits to Malaysia, and many refuse to take up foreign citizenship, preferring to retain only PR status in their adopted countries.

What is needed is a rational discussion on what is said rather than blanket condemnation for those who speak from outside the country.

If we are doing the right things in this country, why should we be afraid of those who throw stones at us?

So for those ex-Malaysian living outside the country, please do comment on what is happening to Malaysia. Your insights as someone outside the country may even help us to see what we cannot see from inside the country.

Obedient Police, Good Boy

The police must obey the law while enforcing the law
By DAVID D. MATHEW/MySinchew

IN JULY 2006, Khairy Jamaluddin who was then the Deputy UMNO Youth Chief led some 2,000 protestors in a march to the Kuala Lumpur Convention Centre where the 39th Asean Ministerial Meeting was being held. Their objective was to protest in opposition to Israeli violence against the Palestinian people and to hand over a memorandum concerning this to US Secretary of State Condoleezza Rice.

Local newspapers reported that Khairy gave Rice five minutes to come out and receive the memorandum. When Rice failed to do so, Khairy and 200 other supporters pushed their way past the FRU line but were then blocked by the police who had formed a human chain in front of the entrance to the convention centre.

Khairy was later permitted to enter the building and was seen being taken to the Police Control Centre. He came out about 20 minutes later and told his supporters that the memorandum was with Rice.

In January 2009, Khairy and other Barisan Nasional Youth representatives marched to the Palestinian embassy to denounce Israeli attacks on the Gaza Strip. The police just watched.

In March 2006, police used water cannons to break up a protest by about 400 people against the increase in fuel prices and arrested more than 30 people. According to the police, the protest which was organized by the Malaysian Trades Union Congress did not have a permit.

In January 2007, police arrested 21 people during a demonstration in Cheras that was organised by anti-toll hike organisation Protes, civil society groups, trade unions and student groups. This protest part of a series of protests organised to oppose the hike in the toll rates at five Klang Valley highways that began on January 1, 2009.

In May 2009, eight Perak Pakatan Rakyat elected representatives were among those arrested by the police for illegal assembly. They were arrested while walking in a procession from the DAP headquarters to the High Court to observe a suit being filed against the BN state government over the sacking of elected village heads. Earlier that same day five members of public were arrested while making arrangements for the launch of a three-day hunger strike to persuade the Perak sultan to dissolve the state assembly.

Less than two weeks ago Serdang MP Teo Nie Ching and Teratai state assemblyperson Jenice Lee were arrested at a vigil in Seputeh which was held to mark the situation in Perak.

The above incidents exhibit the prevailing attitude of the Malaysian police. They fold their arms and become mere bystanders when demonstrations concern external affairs. However, when it comes to demonstrations that concern internal issues, the play book changes. How can it be that protest marches and demonstrations are only illegal and undeserving of police permits when it touches on the plight of ordinary Malaysians?

The freedom of expression is a right that should be afforded to every citizen or civil society no matter what the issue is. The task of the police is to uphold that right and not to play arbiter as to whether a particular protest is acceptable or not.

Three weeks ago, police arrested five lawyers outside the Brickfields police station for unlawful assembly. The truth is that these lawyers were merely attempting to gain access to detainees inside the police station who could be heard shouting “We want lawyers”. The five lawyers were kept overnight like petty criminals.

The task of the police is to defend the sanctity of the criminal justice system and uphold the constitutional guarantee of the right to legal representation. It is not to arrest lawyers who turn up outside a police station in the middle of the night seeking access to clients who were arrested for exercising their fundamental right to expression and peaceful assembly.

What we have today is a situation where the people’s confidence and trust in the police force has been shaken to the core. Today, we are more afraid of the police than respectful of them simply because we are not sure whether the police obey the law in the first place.

In the 1959 case of Spano v. New York, the United States Supreme Court was faced with a case involving a foreign-born of 25 with a junior-high-school education and no previous criminal record who had been indicted for first-degree murder.

The young man retained counsel and surrendered to police. He was then subjected to persistent and continuous questioning by numerous police officers for virtually eight hours until he confessed. He had repeatedly requested, and had been denied, an opportunity to consult his counsel. At his trial in a state court, his confession was admitted in evidence over his objection, and he was convicted and sentenced to death.

The Supreme Court held that the young man’s will was overborne police pressure causing his confession to be given involuntarily. The admission in evidence therefore violated the Due Process Clause of the Fourteenth Amendment.

The opinion of the Supreme Court in the Spano case was delivered by Chief Justice Earl Warren who relentlessly upheld civil rights and civil liberties and is regarded as one of the greatest jurists of modern times. In his opinion, Justice Warren issued the stark reminder that “the police must obey the law while enforcing the law”.

50 years later this reminder finds itself relevant in Malaysia. The law promises equality for all. The law promises access to legal representation. The law promises that the guilty will be found and punished. None of these promises are being kept on a constant basis.

Four months after the custodial death of A. Kugan, the country still waits for justice to punish the young man’s murderers.

Hopefully, we do not have to wait that long for those responsible for the Port Klang Free Zone (PKFZ) fiasco to be brought to justice. It is an odd thing when excess and mismanagement costs RM12billion and the total stimulus package shaped to carry the entire country out of these tough economic times amounts to only five times that amount at RM60billion.

Virtual Support From Abroad

Why we had to leave — George CN Lee

MAY 27 — It has been two years since I left my adored country to seek my fortune Down Under. A year ago my family decided to settle down here.

Throughout the two years since I have been away, I have followed the social, economic and political backdrops in Malaysia via both the mainstream and alternative electronic media. Strangely, I have been keeping close tabs with what is happening back home much more than when I was physically present in Malaysia.

It hurts not being close to what is going on as the love for Malaysia has not transformed in any way though like many of my friends (there are now seven of us who have settled Down Under — six information technology consultants and one accountant), we had to leave.

As I recollect the reasons we left home, there were several contributors to our departure.

On the economic front, we were getting exasperated with the high standard of living and nuisances surrounding us. Pictured the high cost ordinary citizens had to bear once we stepped out of our home, for example, the petrol price, tolls, parking, and ordinary fast moving consumer goods (baby milk power).

More importantly, there were no worthwhile measures taken to address to problems. Businesses, traders and government agencies took turn to inflate ordinary folks’ sentiments by price increases and intractable policies. As things were getting expensive, the quantity and quality eroded.

We envisaged (from past experience) that the government would not do much to solve the people’s livelihood. We just did not like to be constricted in such a manner. We decided we wanted to create another lifestyle in a more structured society where the government would be more willing to help.

Socially, there were prevailing emotional distresses that we had to endure, for example, rude drivers, traffic hold-up (drivers who shaped their own rules), escalating crime rate (witnessed several snatch thieves in action and the grieved for the victims but police were nowhere to be seen) and broad disgruntlement among friends about living in Malaysia.

I was also appalled by the mind-sets of several government departments such as the Ministry of Education, Inland Revenue, and Dewan Bandaraya when I had to carry out numerous errands.

Government servants were rude, unconscientiously and irresponsible. The systems in place in most of the country’s organisations left a lot to be desired.

Any rational individual would start to ask whether it is a place worth living. The government had no sense of urgency to address the contorted public order and peace. We honestly felt unsafe to venture out of our homes even though the mamak stalls were near.

Politically, Malaysia has never been able to be isolated with the persistent racial issues. The government and its component parties were always practising double-faced roles of subduing and fanning race sentiments. Intellectuals like us could see the schema behind.

We knew very well that those in the politics would prepare to sacrifice the well-being of ordinary folk for their greed though these people in power carried a different message on their lips. These people needed to safeguard their political livelihoods as they are nobody without power.

Two years have passed. It hurts to watch from here when people continue to stand up against unjust systems but are frustrated by the tough and insensitive stance adopted by the government and its ruthless police force.

Look at what has transpired in the Perak debacle. Forgive my ignorance in politics but personally I am sad to see how the authorities handle the situation. We just cannot use the approach during the 1987 Operasi Lalang to suppress and oppress the people of today.

We are living in the 21st century and too many things have changed. The government is just too conceited to admit and discover a different strategy to tackle political issues. Just look at the sweeping action and arrogant speeches delivered by the people (OCPD from Brickfields, gosh !) representing the government.

How can we teach our children about humbleness and politeness if the politicians seem to have a different school of thought. With the latest happening in the Malaysia scene, we have no qualms that we made the appropriate decision two years ago even though the choice was difficult and agonising.

Many fellow Malaysians have no alternative but to brush aside all the inconveniences. Many brave ones have embarked to fight against the issues and unfairness. I salute all these brave ordinary folk and wish that they have a copious amount of energies to carry them through.

Two years ago, it had come to a juncture where I could no longer sweep all these tribulations under the rug and the eventuality was to go away. However, everyone has their own temperaments and beliefs. We would love to do something such as creating awareness for the betterment of Malaysia if we can find the platform and opportunity.

Having lived Down Under for two years, it puzzled me why the systems here can be so efficiently coordinated and run. The councils and government are very much in control. Most importantly their feedback and replies are prompt and updated. Filing tax returns here is convenient and fast that I got my refund back within 14 days consistently for the past two years.

Here, we could be paying more taxes but I get some back via the structured family assistance allowance, free medical benefit and very reasonable school fees, etc. Lately, we even obtained a stimulus payout from the tax office due to the effects of the economic downturn. These measures have received great appreciation from the people.

The obvious question here is why can’t Malaysia adopt some of the systems so successful in place here. One need not be superhuman to get things going except dedication which Malaysia is so lacking. I can see that the Penang state government is starting to perk up the government delivery systems that are conspicuously missing in the Malaysian governance structure.

Many of the systems in Malaysia are more form than substance. One of the most important components that is noticeably missing is the integration between the different government bodies. Conversely, this is so successful incorporated Down Under which has curtailed loopholes and acted as a check and balance mechanisms for the local government.

Ordinary Malaysians would like to be treated uniformly. If there is any trace of the adverse happening, that would widen the disparity gap. What the government should be doing in my modest opinion is to have a mechanism to encourage the mediocre group to catch up and this should be attained not by protecting or spoon-feeding the group.

The government should have a far-sighted view and not worry about temporary setbacks (not depend on opinion polls as they would go up when the end results are derived). Just like us, we were “compelled” to learn things in a hard way after we arrived in a new place.

Initially it was hard but eventually we triumphed. Frankly, things are not so hard but politicians like to think in a complex manner. It is time for the Malaysia government to take stock and revert to basics else we could expect a change of the guard in four years time though it is probably too late now.

George CN Lee is a reader from Down Under (Australia).