Prevention of Crime Act: 'Impossible to satisfy 100 percent of the population'

Mahathir: pindaan PCA berpatutan, Najib tak jangka jenayah meningkat

Qatar 2022, after the massacre of migrants Kathmandu recalls its ambassador

From the poorest villages of Nepal to the yards Doha 2022 host of the next World Cup; Qatar promotes a modern form of slavery. More than one million migrants '…

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From the poorest villages of Nepal to the yards Doha 2022 host of the next World Cup; Qatar promotes a modern form of slavery. More than one million migrants ' trapped ' in the country: thousands are Nepalese.

Kathmandu ( AsiaNews) - In the face of inhuman living conditions imposed on foreign workers in Qatar , the authorities in Kathmandu yesterday decided to withdraw its ambassador from Doha . "We recalled our diplomatic representative following a controversy over his ability to work - said Madhay Poudel , government spokesman - he was unable to protect and promote the interests of our people in Qatar ."

In a survey carried out by the British newspaper The Guardian, the country is described as the worst place in which a Nepalese can emigrate to find work. Between 4 June and 8 August this year , at least 44 foreign workers have died from heart problems or accidents in the workplace and the trend is clearly worsening since FIFA has decided to award the 2022 edition of the World Cup to Doha. They are 4 thousand immigrants who have already lost their lives in the building yards of Doha , 2022. " We are using all our diplomatic channels - added Poudel - if the situation gets worse we will take measures after talking with the Qatari authorities ."

The country has well-established system of kafala (or sponsor) , under which a migrant workers are deprived of their passport and submissive to their employer. They are subject to minimum wages, inhuman hours and working patterns. Without the permission of their ' sponsors ' they can not resign , leave the country or file a complaint in case of abuse , under penalty of arrest or deportation. These are just some of the most dramatic aspects of a form of modern slavery which now traps more than a million people. The 75 billion dollars of investment planned for the World Cup in 2022 - already agreed on with major Western and Brazilian companies - have only encouraged this trend ..

FIFA , which will meet in Zurich on October 3 , nonetheless is trying to reassure international public opinion expressing its will to fight this trend : "The health , safety and dignity of every employee who contributes to the creation of the infrastructure for the next world cup is a priority of our committee - it said in a statement that appeared on the BBC on behalf of the organizers - we want to ensure that the event will be an example of sustainable development and will help to improve the working conditions of migrants in the country. "

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Saudi jails, lashes “naked” dancers, reports say

A Saudi court has sentenced four men to up to 10 years in prison and 2,000 lashes for dancing "naked" in public, media reported on Thursday.

In a video posted…

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A Saudi court has sentenced four men to up to 10 years in prison and 2,000 lashes for dancing "naked" in public, media reported on Thursday.

In a video posted on YouTube, several men appear dancing atop a vehicle in the ultra-conservative province of Qassim. None seemed naked.

The court in Buraydah, Qassim's provincial capital, sentenced one defendant to 10 years in prison and 2,000 lashes, and another to seven years in prison and 1,200 lashes, Al-Sharq newspaper reported in what media have dubbed the "naked dancing" case.

Their two companions were jailed for three years and sentenced to 500 lashes each, it said.

The four were charged with "dancing on a vehicle in public and posting a video online, encouraging vice, defying norms of the society and violating public morals," according to Al-Sharq.

Two of them were identified as security officials.

Saudi Arabia applies a strict version of Islamic shariah law that imposes many social restrictions and bans public entertainment.

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Gnanalingam emerges as billionaire following IPO

 

KINIBIZ Westports Holdings Bhd executive chairperson G Gnanalingam has become a billionaire as the main operator at one of Malaysia's biggest ports sells shares.

Gnanalingam (left), 69,…

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KINIBIZ Westports Holdings Bhd executive chairperson G Gnanalingam has become a billionaire as the main operator at one of Malaysia's biggest ports sells shares.

Gnanalingam (left), 69, and his family will reduce their stake in Westports to 46.8 percent from 60 percent previously, according to the company's prospectus. Their stake in the company after the share sale is valued at about US$1.2 billion (RM3.9 billion), according to the Bloomberg Billionaires Index.

He and his family are also getting about US$350 million from selling some stock. Shares will start trading in Kuala Lumpur on Oct 18.

Westports operates facilities at Port Klang, one of the main hubs serving container traffic along the Straits of Malacca, which links Asia with the Middle East and Europe.

Westports has a 69 percent share of container volume at the port, with six terminals and the potential to build another three, according to its website.

"It is strategic in terms of shipping logistics," said Alan Richardson, a Hong Kong-based money manager at Samsung Asset Management, which bought the company's shares. "It is well located along the Straits of Malacca, which is the key shipping route from the west to the east."

The billionaire, who declined to comment on the share sale or plans for Westports, said that he runs the company like a soccer team manager.

"You prepare the team, and train them up and let them play their own game," he said in an interview by phone today. "At the end of the season, you look for better players."

Top of range

The port operator priced its IPO at RM2.50 apiece, at the top end of a range offered to investors, after getting excess demand for the shares.

Known as "Tan Sri G" - Tan Sri is an honorific title bestowed by the Malaysian King - the billionaire is preparing to hand over the reins of the company to his 37-year-old son, Ruben Emir Gnanalingam, the chief executive officer.

Ruben joined Westports in 2005 after graduating from the London School of Economics & Political Science.

Born in Singapore, the patriarch grew up in Port Dickson on Malaysia's west coast and Kuala Pilah town in Negri Sembilan state. He graduated from Universiti Malaya and Harvard Business School, according to his biography on Westports' website.

He started his career as a sales representative with British American Tobacco group and advanced to become marketing director at age 34. He stayed on for another 19 years before setting up a marketing company, G-team Consultants, which handled the commercial operations of Malaysia's state-owned broadcast station.

In 1994, he started Westports "from a barren, swampy island" and transformed it into the main container terminal operator in Port Klang, according to the website.

'F1 spirit'
He urges his operations team to embrace the "F1 Spirit" and emulate the swiftness of the engineers at a pit stop in being able to change the tires of a Formula One car and service it in just seconds.

"If I have to change the tires of my car, that will take half an hour," he said in the interview. "If you get organised and ready for everything, it will just take six seconds."

Each crane at Westports moves 35 containers an hour, compared with the industry standard of 27, giving faster turnaround for vessels, Gnanalingam said on the company's website. It handled container throughput of 6.9 million 20-foot equivalent units last year, the company said.

"The growth outlook is promising," Samsung Asset's Richardson said. "Fifteen percent annual earnings growth is targeted over the next three years based on shipping container growth and higher tariffs."

- Bloomberg

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Zahid, IGP ticked off over “idiotic” guns lost at sea explanation

Opposition MPs spared no punches when they described Home Minister Datuk Seri Ahmad Zahid Hamidi and Inspector-General of Police Tan Sri Khalid Abu Bakar’s explanation on the missing firearms as…

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Opposition MPs spared no punches when they described Home Minister Datuk Seri Ahmad Zahid Hamidi and Inspector-General of Police Tan Sri Khalid Abu Bakar’s explanation on the missing firearms as “ridiculous and idiotic".

The 2012 Auditor General Report, which was released this week, revealed that the police force had lost RM1.33 million worth of equipment, including 44 guns and 29 vehicles.

The opposition was convinced the missing firearms were related to the recent spike in violent crime and shootings.

Khalid moved swiftly the same day to defend his men, saying the 44 missing firearms could have "fallen into the sea" from boats, thus making it difficult to recover.

Seputeh MP Teresa Kok (pic), who heads the DAP crime action task force, did not mince her words when she described Khalid's explanation as “idiotic”.

She told The Malaysian Insider today that despite the firearms going missing between 2010 and 2012, the police are only now hastily coming up with an explanation.

"How does Khalid know that they fell into the ocean? Would any Malaysian in his right mind accept such a lame and unjustified explanation?" Kok asked, lambasting the police for making excuses to deflect attention from their inefficiencies.

She also attacked Ahmad Zahid, saying he and Khalid behaved like brothers. She cited the manner in which the both of them pushed through the changes to the Prevention of Crime Act in Parliament, ignoring the Attorney-General and civil society.

"The PCA is an excellent example of both Khalid and Ahmad Zahid working hand in hand and bulldozing whatever they think is correct," Kok said.

DAP national organising secretary Anthony Loke, meanwhile, said Khalid's statement was ridiculous.

"How can the Inspector-General of Police come up with this kind of explanation? A missing bullet, let alone an entire firearm, is a very serious matter and the police should be accountable to the public," Loke told The Malaysian Insider.

"The least Khalid can do is to form a high-powered task force to probe the issue and determine the cause of the firearms going missing. Another question which needs to be answered is how such a thing occurred within the police force in the first place.”

Loke said he was speechless when Ahmad Zahid supported Khalid by describing his explanation as being very transparent.

Professor P. Sundramoorthy from Universiti Sains Malaysia (USM) said he was appalled at the reason given by the nation's top cop for the missing weapons, pointing out that it was obvious there were weaknesses within the police force in terms of handling firearms.

"One or two missing firearms can be explained but 44 missing firearms? I hope this does not reflect the efficiency of the police in terms of handling and caring for firearms," said Sundramoorthy.

"The police must be accountable for the missing firearms because there are very strict and severe laws in Malaysia governing the use and possession of firearms. While on duty, a policeman who has been issued a firearm is responsible for it," he added, stressing on the need for serious action taken against those who lose police property.

Sundramoorthy said the public would be disappointed that the country's number one policeman gave such a lame excuse to explain the disappearance of 44 firearms.

He hoped the entire issue would be thoroughly investigated and a proper explanation given to the public. - October 3, 2013.

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Najib's manipulated his words

‘My sex video not cause for GE defeat’

Gerakan and SUPP do not have morally-tainted leaders, yet they suffered heavy defeats in the general election, said MCA president Dr Chua Soi Lek.

KUALA LUMPUR: MCA president Dr Chua…

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Gerakan and SUPP do not have morally-tainted leaders, yet they suffered heavy defeats in the general election, said MCA president Dr Chua Soi Lek.

KUALA LUMPUR: MCA president Dr Chua Soi Lek rubbished claims that his involvement in a sex video in the past has driven voters away from MCA in the 13th general election.

Chua said should voters were really in favour of untainted leaders, Gerakan and Sarawak’s United Peoples’ Party would not have left with only one parliamentary seat each today.

“If you say my sex video was the cause of Chinese rejecting MCA, then why Koh Tsu Koon, the Gerakan leader with a clean record, was only left with one seat whereas MCA had seven? he asked.

“What about SUPP’s (president) Peter Chin? His party was also left with one seat. Perhaps he has a sex video as well,” he said.

Chua was responding to his political rival Liow Tiong Lai’s statement that the morally- tainted president was the reason behind MCA’s disastrous defeat in the May polls.

“Many voters have teased us with the word ‘VCD’ when we went around campaigning,” Liow had said.

A group of pro-Chua central committee members have called for an EGM to censure Liow for failing to discharge his duty as MCA’s election preparation committee head and to discuss the need to reverse the party’s “no government post” pledge.

Chua has admitted in 2008 that he was the man in a widely-circulated video that shows him engaging in sexual acts with a young woman.

As a result of the video, Chua resigned as the health minister, Labis MP and MCA vice- president.

Chua said Opposition leader Anwar Ibrahim was also implicated in several sex videos, but never had the guts to admit it like how he did.

“His party still won 31 seats, so it is up to you to make a conclusion,” he said.

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Gaji minima: PSM bidas kenyataan bercanggah Riot

Kini sudah 10 bulan dan nampaknya semakin hari semakin jelas bahawa Akta Gaji Minima gagal dilaksanakan, kata S Arutchelvan.

PETALING JAYA: Parti Sosialis Malaysia (PSM) membidas Menteri Sumber Manusia Datuk…

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Kini sudah 10 bulan dan nampaknya semakin hari semakin jelas bahawa Akta Gaji Minima gagal dilaksanakan, kata S Arutchelvan.

PETALING JAYA: Parti Sosialis Malaysia (PSM) membidas Menteri Sumber Manusia Datuk Richard Riot yang mengeluarkan kenyataan bercanggah berhubung isu pelaksanaan Akta Gaji Minima.

“Kini sudah 10 bulan dan nampaknya semakin hari semakin jelas bahawa Akta Gaji Minima gagal dilaksanakan,” kata setiausaha agung S Arutchelvan dalam satu kenyataan hari ini.

Menurutnya, gaji minima RM900 di Semenanjung Malaysia dan RM800 di Sabah dan Sarawak yang diumumkan pada 1 Januari 2013 masih belum dilaksanakan dengan sepenuhnya untuk para pekerja di negara ini.

Beliau berkata, pihaknya menerima aduan terhadap lebih 200 majikan yang tidak melaksanakan Akta Gaji Minima.

Tegas beliau, “mereka juga melakukan pelbagai manipulasi seperti memasukkan elaun dalam gaji minima, tambah hari kerja, menghentikan elaun pengangkutan, menghentikan bayaran lebih masa dan banyak lagi untuk mengelak daripada pelaksanaan gaji minima.

“Apa yang mendukacitakan kami bukannya manipulasi majikan tetapi peranan Kementerian Sumber Manusia (KSM),” katanya.

Menurutnya, Riot dalam akhbar The Star 24 September lalu berkata tiada sebarang aduan tentang gaji minima diterima oleh KSM sejak pelaksanaan Akta tersebut.

Ujar Arutchelvan, “ini adalah satu pembohongan besar di mana PSM telah menyerahkan lebih 100 aduan terhadap majikan yang melanggar Polisi Gaji Minima. Lebih 100 aduan ini melibatkan ribuan pekerja tempatan dan luar negeri.

Riot juga dipetik Bernama pada 27 Ogos lalu mengatakan bahawa pihaknya tidak akan memberi sebarang kelonggaran kepada mana-mana syarikat mulai Ogos 2013 daripada pelaksanaan gaji minima.

“Tetapi Menteri berkenaan pada 1 Oktober lalu mengatakan bahawa kesemua 600,000 Syarikat Kecil dan Sederhana (SMEs) telah diberi kelonggaran daripada melaksanakannya sehingga Disember 2013.

“Kenyataan-kenyataan dari KSM memberi gambaran bahawa kerajaan tidak konsisten dan tidak serius dalam pelaksanaan Polisi Gaji Minima malah seolah-olah bersekongkol dengan para majikan untuk tidak melaksanakan Akta Gaji Minima,” jelas Arutchelvan.

Beliau berkata PSM kecewa kerana nasihat dan cadangan pihaknya untuk membantu SMEs tidak diendahkan.

“Ini kerana selagi tiada satu pendekatan serius untuk menyelesaikan masalah SMEs, maka selagi itulah tidak akan ada pelaksanaan gaji minima secara keseluruhan bagi pekerja di Malaysia. Oleh itu kami mencadangkan:

• Memberi subsidi kepada syarikat yang hanya membayar gaji minima. Sebelum ini banyak kali kerajaan bail-out (menyelamatkan) majikan besar semasa krisis ekonomi. Mengapa SME tidak boleh dibantu untuk dibayar gaji minima padahal jika pekerja mendapat gaji munasabah, maka mereka akan membelanjakan wang kembali ke dalam sistem ekonomi negara.
• Mengecualikan firma kecil daripada bayaran cukai untuk satu tempoh;
• Menawarkan letrik dengan kadar yang lebih rendah untuk satu tempoh masa bagi syarikat SMEs.

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Felda mahu gadai tanah peneroka?

Anak mendakwa Felda menawarkan jumlah bayaran RM500,000 sekiranya peneroka bersetuju memajak 10 ekar tanah mereka untuk tempoh 30 tahun.

KUALA LUMPUR: Persatuan Anak Peneroka Felda Kebangsaan (Anak) membuat laporan polis…

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Anak mendakwa Felda menawarkan jumlah bayaran RM500,000 sekiranya peneroka bersetuju memajak 10 ekar tanah mereka untuk tempoh 30 tahun.

KUALA LUMPUR: Persatuan Anak Peneroka Felda Kebangsaan (Anak) membuat laporan polis berhubung dakwaan terdapat pujukan daripada pihak pengurusan Felda agar peneroka memajak tanah milik mereka.

Berdasarkan maklumat, Anak mendakwa Felda menawarkan jumlah bayaran RM500,000 sekiranya peneroka bersetuju memajak 10 ekar tanah mereka untuk tempoh 30 tahun.

Cara pambayarannya adalah RM500,000 itu diberikan mengikut pecahan iaitu RM100,000 dibayar kepada peneroka (dengan bayaran RM5,000 sebulan), RM150,000 dimasukkan ke dalam Koperasi Permodalan Felda (KPF), manakala selebihnya digunakan untuk pengurusan peneroka sepanjang tempoh 30 tahun.

Menurut Anak, pengurusan Felda sudah memulakan taklimat sejak Raya Aidilfitri Ogos lalu di beberapa kawasan penempatan Felda, antaranya Felda Kemahang, Felda Sungai Tengi dan Felda Teloi Timur dan ada peneroka yang bersetuju dengan tawaran berat sebelah itu.

“Berdasarkan maklumat ini saya bimbang tanah saya akan dilibatkan dengan penggadaian. Saya yakin hasrat utama Felda adalah gadai tanah peneroka kepada pihak bank untuk mendapatkan pinjaman.

“Kalau tanah sendiri telah dipajak dan perjanjian penyelenggaraan juga diserah hak, maka apa gunanya terus memajak tanah peneroka kalau bukan disalah guna.

“Saya bimbang kesan gadaian sekiranya pinjaman dibuat daripada pihak bank dengan disandarkan pajakan peneroka, maka bank boleh melelong tanah peneroka sekiranya Felda gagal membayar balik pinjaman yang dipajak,” kata peneroka Nazara Muda dalam laporan polisnya.

Laporan itu dibuat Nazara di Ibu Pejabat Polis Daerah (IPD) Dang Wangi di sini tengahari tadi, ditemani Presiden Anak Mazlan Aliman, Penasihat Ekonomi Anak Dr Rosli Yaakop dan peguam Haris Abdullah.

Bagaimanapun, keraguan utama timbul apabila wujud sekatan kepentingan dalam surat pajakan tanah yang ditentukan kerajaan negeri selaras dengan Akta Kawasan Penempatan Berkelompok (GSA) di bawah Tanah Rizab Melayu.

Syarat pajakan tanah

Mengikut syarat pajakan tanah kerajaan negeri Pahang, tanah yang dikurniakan tidak boleh dijual, digadai, dipajak, dicagar atau dipindah milik dengan apa cara sekalipun termasuk menggunakan segala surat perjanjian yang bertujuan untuk melepaskan atau menjual tanah tanpa penguasa negeri.

Syarat itu juga menyebut, jika kebenaran diberikan maka penjualan, gadaian, cagaran, pajakan atau pindah milik itu hanya boleh dibuat kepada tidak lebih dua orang sahaja.

Selain itu, tanah yang dikurniakan itu juga tidak boleh dilakukan sama seperti di atas melainkan bersekali dengan hak milik (lot ladang) yang berpegang dengan hak milik lot rumah.

“Namun Felda masih berdegil untuk mendapatkan pajakan tanpa menghiraukan sekatan tersebut.

“Pada hemat saya, sekatan tersebut adalah untuk menjaga kepentingan peneroka tanah agar tidak tergadai,” kata Nazara dalam laporan polis.

Beliau sehubungan itu mendesak pihak berkuasa menyiasat proses pengambilan tanah peneroka.

Katanya, ada satu perancangan daripada Felda yang akan menjejaskan kehidupan peneroka dan bersedia mengemukakan saksi yang hadir taklimat jika diperlukan.

Jelajah ‘Selamatkan Felda 2.0′

Sementara itu, Mazlan ketika ditemui diperkarangan luar IPD berkata, Anak akan mengadakan jelajah ‘Selamatkan Felda 2.0′ memberi penerangan kepada peneroka tentang muslihat di sebalik tawaran tersebut minggu depan yang akan bermula di Jengka, Pahang.

Katanya, peneroka bakal kehilangan tanah sekiranya Felda gagal melunaskan pinjaman pajakan mereka setelah tamat tempoh tersebut sekaligus membuka risiko tanah tersebut dilelong.

Mazlan juga mendesak agar Pengerusi Felda, Tan Sri Isa Samad dan juga Pengarah Besar Felda Datuk Faizoull Ahmad memberikan penjelasan mengenai dakwaan tersebut.

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Increase in number of cops flouting the law

Between June 2009 and June 2013, 6,335 police officers were hauled up for disciplinary offences while 1,764 for violating the law, says the Home Ministry.

KUALA LUMPUR: Each year, more…

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Between June 2009 and June 2013, 6,335 police officers were hauled up for disciplinary offences while 1,764 for violating the law, says the Home Ministry.

KUALA LUMPUR: Each year, more and more police officers are flouting the law and committing disciplinary offences, the Home Ministry revealed today.

Since 2009 to June 2013, 6,335 police officers committed disciplinary offences while 1,764 violated the law, according to a written reply to Segambut MP Lim Lip Eng in Parliament.

“Based on police records, 976 officers were involved in disciplinary cases in 2009; 1,023 in 2010; 1,130 in 2011; 1,400 in 2012 and 1,806 (from January 2013) to June 2013,” the Home Ministry wrote.

“For cases involving violation of the law among police officers, at least 119 were involved in 2009; 393 in 2010; 456 in 2011; 478 in 2012 and 318 (from January 2013) to June 2013.”

In 2009 and 2010, 94 officers were charged in court; 98 in 2011; 84 in 2012 and 36 in 2013.

The rise in numbers fly in the face of the BN-led government’s insistence that the Independent Police Complaints Commission (IPCMC) – a body to investigate disciplinary offences – was unnecessary.

The government said the Enforcement Agencies Integrity Commission (EAIC) was sufficient to handle issues of integrity and discipline among the police despite civil societies’ cries to the contrary.

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This is a government that doesn’t care!

P Ramakrishnan, ALIRAN

In a very determined and desperate mood, the Barisan Nasional has bulldozed through a pliant parliament the much opposed amendments to the Prevention of Crime Act 1959.…

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P Ramakrishnan, ALIRAN

In a very determined and desperate mood, the Barisan Nasional has bulldozed through a pliant parliament the much opposed amendments to the Prevention of Crime Act 1959.

These were rushed through the night and passed well past midnight on the morning of 3 October 2013..

The BN did not care that there was no need for this unholy rush to pass these draconian laws during the night when MPs were tired and exhausted by the long day of debate.

It did not care that after more than seven hours of debate during the second reading, weary MPs would not be fresh in body and alert in mind to continue debating the amendments late into the night during the committee stage.

It did not care to postpone discussion to the next day so that the amendments could be debated in a more cordial atmosphere after a good night’s sleep.

It did not do any of this because this is a government that doesn’t care!

It is ironic that the BN which only received 47 per cent of the votes wields so much power that it could ignore and be dismissive of the 51 per cent of voters who oppose these amendments for very valid reasons.

It is unthinkable that 115 elected BN MPs could be so callous and arrogant as to be indifferent to the many voices of dissent that have spoken up against these amendments so forcefully and passionately. They have turned a deaf ear to the critics’ arguments and justification as to why these amendments should be jettisoned.

They just don’t care what you think and what you want.

Their conduct is an affront to the entire nation. Their indifference is indecent and shocking and smacks of dictatorship.

These amendments are so abhorrent, repulsive, outrageous and scandalous to our notion of the rule of law that it is inconceivable that a democratic government preaching good governance and sitting on the UN Human Rights Council could have come up with such atrocious amendments.

But then, they just don’t care.

This is a government that doesn’t care two hoots for parliamentary democracy or for the rule of law. It has clearly forfeited its right to continue to govern this nation. They have lost their moral legitimacy to remain in power.

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Obama Cancels Most of His Asia Trip

Obama throws up his hands

China a likely winner
The antics of Republican US Congressmen have led to the cancellation of almost all of President Barack Obama's trip to Southeast…

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Obama throws up his hands

China a likely winner
The antics of Republican US Congressmen have led to the cancellation of almost all of President Barack Obama's trip to Southeast Asia, although his schedule is still in doubt over the Asia-Pacific Economic Cooperation (APEC) conference to be held next week.
The US domestic political crisis may well lead to the cancellation of that visit as well. Unless there is some resolution of the US budget issue, it is unlikely that anybody in Southeast Asia will see the US chief executive anytime soon although aborting the trip risks telling America's East Asia allies that there are risks of a diminished US commitment despite the administration's much-discussed "Asia pivot." .
Americans need to worry about how these congressmen are demeaning the nation in the eyes of the world.
Filipinos on the other hand will be worried about the impact of a failure to come to an area to which Obama has attached so much importance just at the time China is stroking the soft underbelly of Asean in an attempt to isolate the Philippines.
In essence, China is pursuing an overtly aggressive attitude to Manila while engaging in sweet talk with other concerned Asean members. Beijing's effective seizure of the Scarborough Shoal last year with the stationing of coast guard as well as fishing vessels there has been followed, says the Philippines, by the dumping of concrete blocks which appear to be the precursor of construction. China has responded with a somewhat ambiguous denial of this claim while attacking Manila for allegedly creating obstacles to negotiating a Code of Conduct between the South China Sea claimants.
China's diplomats under the new foreign minister Wang Yi have been busy with trying to improve relations which were strained in 2011-12 by expressing willingness to discuss the Code of Conduct. A preliminary meeting was held in Suzhou in September after which the semi-official China Daily attacked the Philippines for trying to disrupt China-Asean consultations.
China's diplomats have been deftly trying to persuade the soft-centered diplomats of Indonesia and Malaysia into believing there has been a real change of heart in Beijing rather than a shift in tactics despite its actions on the ground and despite the fact that it says that agreeing the code will be a long and difficult process. Wang Yi has visited most Asean countries except the Philippines in advance of a China-Asean summit this month, which will give China another opportunity to talk trade, investment and good neighborliness.
At the same time Beijing has not budged one inch from its claim to the whole sea as defined by its infamous nine-dotted line, which encompasses almost every rock and shoal in the sea and goes within a few nautical miles of the coasts of the littoral nations. Thus, for example, it describes Scarborough shoal as its "inherent territory" even though it is not a habitable island and lies well within Philippines' exclusive economic zone.
The Chinese principle being applied here can equally well be used to seize the islands, shoals and banks off the coasts of Vietnam, Malaysia and Brunei - and probably disrupt any attempt by Indonesia to exploit the gas fields off the Natuna Islands. But by mending fences temporarily with Vietnam, till recently the most resilient opponent of Chinese claims, keeping the Malaysians quiet as an implied quid pro quo for not speaking up against racism against ethnic Chinese, and exploiting Indonesia's desire to be seen as a "nice guy", however ineffective in its diplomacy China seems to be succeeding in changing the climate - and making Manila uncomfortable.
China is also hoping that by agreeing to discuss the Code of Conduct - but meanwhile creating facts on the ground - it has taken attention away from Manila's referral of the claim to international arbitration. This move badly upset China, which will use all its influence to avoid internationalization of issues which it claims are entirely bilateral.
It was certainly a bold move but do not imagine that much will come of it for a long time, if ever. Manila did not - contrary to many assumptions - take the case to the International Court of Justice, the court which settled island disputes between Malaysia and Indonesia and Malaysia and Singapore. The ICJ is a UN body and its decisions are enforceable - though also subject to veto by Security Council members such as China. Nor did it go to the International Tribunal on Law of the Sea which rules on the UN Law of Sea issues. Both would probably have needed China to agree to an international ruling which it would never do. The issues also may fall into both the remits of both the ICJ and the United Nations Convention on the Law of the Sea.
Instead it has had to go to the Permanent Court of Arbitration which sits in the same Peace Palace as the ICJ in The Hague in the Netherlands. This is a venue for arbitration not judicial decision. It may eventually express an opinion but no more.
The Philippines gave notice of its action in January but so far the Court is only to the stage of appointing a five-man tribunal to hear the issue, headed by Judge Thomas Mensah of Ghana, judges from France, Poland and Germany and a professor from the Netherlands.
In due course it will hear evidence from the Philippines. But China rejected the Philippine notice of referral so it can be assume that it will take no part in the proceedings. Any victory for Manila would be an embarrassment for China, but no more. Even that may be difficult as the judges may decline to rule in the absence of Chinese evidence.
Thus the likely failure of Obama at this time to visit the Malay (in its broadest sense) world and show that the US flag as a still reliable counterweight to Chinese designs, would be a particular blow. For the region as a whole it would add to questions about how far the US has the political commitment and money to sustain its "tilt" towards East Asia.
As it is the US commitment to Philippines defense is somewhat ambiguous. Manila gets far less military funding from Washington than Indonesia does, if only because Philippine forces are ill-equipped to manage more - especially the naval and air capability needed to external defense.
The US is also hobbled by its neutrality on specific island claims. China makes much of the fact that the Scarborough Shoal - and other disputed South China Sea features - lies just outside the Philippines as defined by the Treaty of Paris which passed control from one colonial power to another - Spain to the USA. Filipinos were never consulted - nor is there any evidence of a Chinese claim or presence at that time. The shoal lies 135 miles from the coast of Luzon and 350 miles from the mainland of China.
The US together with its Japanese, Australian, Korean and other allies has its own strategic reasons for countering China's claim to the whole sea. But if China can in practice advance this little by little by seizing small but strategically located rocks and shoals off others' coasts it could gradually change what historically was a Malay sea into a Chinese lake.

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‘Detention Without Trial’ Law Stokes Further Crackdown Fears in Malaysia

Critics say new crime-prevention legislation can be easily used for political ends

New crime-prevention legislation that critics say would allow detention without trial for years was passed by Malaysian lawmakers…

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Critics say new crime-prevention legislation can be easily used for political ends

New crime-prevention legislation that critics say would allow detention without trial for years was passed by Malaysian lawmakers early on Thursday, and immediately slammed by opposition figures and human-rights activists as a strengthening of Prime Minister Najib Razak’s increasingly authoritarian administration.

Less than two years ago, Najib abolished the Internal Security Act — which historically had been used to hold political dissidents without charge — amid pledges to uphold human rights in the Southeast Asian nation. But this latest move — ostensibly a bid to combat organized crime — appears to backpedal on these pledges and comes in the wake of a crackdown on opposition figures.

“The fear is that the government may use this law against undesirable elements in the political sense rather than the criminal sense,” Kamaruddin Jaafar, an opposition Pan-Malaysian Islamic Party MP, tells TIME. “After a similar initial promise, we previously had opposition politicians who became victims of the Internal Security Act.”

The new provision allows a “Crime Prevention Board” featuring at least one former senior judge to issue two-year detention orders that can be subsequently renewed on grounds of “public order,” “public security” or “prevention of crime.” The board may determine what evidence can be used in its decisions without any legal representation from suspects.

“Malaysia is taking a huge step backwards on rights by returning to administrative detention practices much like the draconian Internal Security Act,” says Phil Robertson, deputy Asia director at Human Rights Watch. “Prime Minister Najib is backing methods that do little to curtail crime but threaten everyone’s liberty.”

Najib has cited recent robberies and high-profile public shootings as grounds for the ramped-up detention laws. “If the government doesn’t act, more people will become victims,” he said, adding that the provision would only target hardcore criminals and “if the police were to arrest anyone, they have to convince the judge that the particular individual should be detained.”

The 60-year-old is under pressure after leading the National Front coalition back into power with 133 parliamentary seats in May, despite receiving only 47% of the popular vote to the opposition’s 89 seats and 50% share. This disastrous showing at the ballot box is coupled with the need to court Malay hard-liners within his United Malays National Organisation (UNMO) ahead of the party conference on Saturday.

“The return of detention without trial is part of a larger fight between different factions within UNMO, trying to frame themselves as being [bigger supporters of] Mahathirism,” Ong Ooi Heng, executive director of the Political Studies for Change, a Kuala Lumpur–based think tank, tells TIME, referring to Malaysia’s longest-serving Prime Minister Mahathir Mohamad, who presided over a period of remarkable growth from 1981 to 2003.

Since the disputed poll, Najib has increased race-based entitlements for ethnic Malays and increased the deployment of antiquated charges like “sedition” to corral opposition figures — policies he had previously vowed to scale back. This turnaround, says Ong, shows that “Najib is moonwalking … towards consolidating authoritarianism.”

U.S. President Barack Obama was scheduled to visit Kuala Lumpur on Oct. 11 for his Southeast Asia tour — which will now take place in Indonesia (including the Asia-Pacific Economic Cooperation summit in Bali) and Brunei — but was forced to cancel the Malaysia trip in order to handle the ongoing federal-shutdown crisis at home.

Even if the visit were to go ahead, Kamaruddin does not believe Obama would be able to pressure the Malaysian government on rights issues. “Unfortunately, the tendency of the government here is always to refer to what is happening in the American and Britain by saying they are also introducing laws allowing detention that do not go through the courts,” he says.

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While Putrajaya spends, now Malaysian universities not even in Times rankings

 

Prime Minister Datuk Seri Najib Razak and his deputy Muhyiddin Yassin launching the Education Blueprint 2013-2025, late last year. Putrajaya allocated RM38.7 billion in its budget for education last…

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Prime Minister Datuk Seri Najib Razak and his deputy Muhyiddin Yassin launching the Education Blueprint 2013-2025, late last year. Putrajaya allocated RM38.7 billion in its budget for education last year. – The Malaysian Insider pic, October 3, 2013.

Although Putrajaya continues to spend billions on education, Malaysian universities are not benefitting from it. If it’s any indication, for the third year running Malaysian universities have failed to feature in the latest Times Higher Education World University Rankings.

Meanwhile, universities in Thailand and Singapore continue to track higher as shown in the 2013-14 Times survey.

Last year alone Putrajaya allocated RM38.7 billion in its budget for education, with emphasis on improving quality and standards.

One of Putrajaya's goals is also to make Malaysia an education hub for the region and attract some 200,000 students to local universities by 2020.

But these latest rankings show that for all the money spent and all of Putrajaya’s efforts, Malaysia’s institutions of higher learning are falling behind.

An earlier survey by Quacquarelli Symonds (QS), last month saw Universiti Malaya as the only Malaysian university to be placed among the top 200 in that ranking. Even then, it dropped from 156 in 2012 to 167 this year.

The Times rankings are based on assessments of a university’s strengths using 13 indicators to measure its teaching, research, knowledge transfer and international outlook, powered by Thomson Reuters which independently collects, analyses and verifies the data.

In the latest Times Higher Education Survey, two top universities in Singapore – The National University of Singapore and Nanyang Technological University – improved their rankings from 29th to 26th and 86th to 76th respectively.

Thailand’s only top-400 representative, King Mongkut’s University of Technology, rose from the 351-400 group to the 301-350 band.

For the third straight year, the California Institute of Technology remained top of the list, with Harvard University and the UK’s University of Oxford sharing second place. American universities dominated the list with 7 institutions in the top 10 and 77 in the top 200 – one more than last year.

Japan’s University of Tokyo maintained its status as Asia’s top university, moving up four places to 23rd spot.

Australia's University of Melbourne dropped to 34th from 28th last year. Saudi Arabia and Iran have no top 200 institutions, although both are represented in the 200-400 group.

Just recently, former prime minister Tun Dr Mahathir Mohamad, commenting on the QS rankings, noted that Malaysia’s ability to set up higher education institutions has not been matched by the quality of education offered because it has been done in haste.

He pointed out that while the teachers hired were qualified, it was a possibility that they might have been “probably lacking in certain areas”.

But Universiti Technologi Mara vice-chancellor Tan Sri Dr Sahol Hamid Abu Bakar defended local universities, calling those who criticised the decline “short-sighted” and adding that he was not perturbed by the drop in rankings.

Universiti Malaya vice-chancellor Tan Sri Dr Ghauth Jasmon also came out to say that fluctuating rankings were normal.

"No university's ranking continues to rise. What's important is that its ups and downs should on average be positive to show progress," he said. – October 3, 2013.

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Malaysia's First Military Airbus On Track To Arrive In 2015

From Haslin Gaffor

SEVILLE (Spain), Oct 3 (Bernama) -- Airbus Military is on track to deliver Malaysia's first A400M aircraft in 2015, with all four ordered by the Royal Malaysian…

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From Haslin Gaffor

SEVILLE (Spain), Oct 3 (Bernama) -- Airbus Military is on track to deliver Malaysia's first A400M aircraft in 2015, with all four ordered by the Royal Malaysian Air Force (RMAF) scheduled to arrive by 2016, the company confirmed on Thursday.

Airbus Military Head of Media Relations Maggie Bergsma said the RMAF has been involved with the programme from the early stages and was fully participating with the Airbus Military team to prepare for the delivery and entry into service.

"As for all of our customers, the transition is a lap from older technologies to the ultimate technology of the A400M.

"Our A400M FISS (Full In Service Support) is designed to provide our customers with all services needed for the operation of the aircraft and we are already in discussion with Malaysia to ensure this is all set in place and in time for the delivery," Bergsma said.

The French Air Force was the first to receive the A400M, the world's most versatile military air lifter, designed to meet equipment needs of modern armed forces, in a ceremony held at the Airbus Military Delivery Centre, here, on Monday.

The A400M is able to perform missions that previously required two or more different types of aircraft, meeting the most varied needs of world air forces and other organisations in this century.

She said the entry in service of the A400M will mark a before and after in the way both military and humanitarian missions are approached.

"The versatility of the A400M allows one single aircraft doing the job for which previously up to three aircraft was needed. The A400M can deliver the contents of its bigger payload faster, further, and nearer to where it is needed than any other transport to be found in the market.

"The RMAF will not only have three aircraft in one with each A400M, it will have an aircraft that can do it better than these three ones. This is certainly a change. And it is a change for good," she said when asked how the new aircraft will complement the RMAF's existing fleet.

Asked about the company's cooperation with the Malaysian Government in developing the A400M, Bergsma said the Composite Technology Research Malaysia Sdn Bhd (CTRM) was participating in the design and manufacture of some of the aircraft's secondary composite structural components.

"CTRM is now the sole source of those components, notably the complete vertical tail plane leading edge, the main landing gear doors, and many access panels on the wings and horizontal tail plane, and some nacelle fairings," she said.

The A400M was launched ten years ago to respond to the combined needs of seven European nations regrouped within the Organisation for Joint Armament Cooperation (OCCAR). The countries are Belgium, France, Germany, Luxembourg, Spain, Turkey and the United Kingdom.

The seven helped finance costs of the project, and Malaysia is the region's first export customer.

The A400M is able to perform both tactical missions directly to the point of need and long range strategic or logistic ones, and can also serve as an air-to-air refuelling "tanker."

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