Kepong MP YB Dr. Tan of DAP and Kelantan State Exco, YB Fatah
Man of The Moment, The candidate for PAS
Hehehe…. Who let the dog out!
Brother M
For more photos of Manek Urai, please visit my flickr site here
Kepong MP YB Dr. Tan of DAP and Kelantan State Exco, YB Fatah
Man of The Moment, The candidate for PAS
Hehehe…. Who let the dog out!
Brother M
For more photos of Manek Urai, please visit my flickr site here
If Tsu Koon ever got tired of politics, the race-based kind or otherwise, and wanted to move on to something else, I always thought he would do well as a stand-up comedian.
In fact, quite a few in BN would do extremely well.
I don’t mean to make fun of a person’s looks, but don’t you think that if he was slightly worked over in the studion, he could very well stand in as Malaysia’s own Mr. Bean?
Anyway, NSTonline today amply confirmed that Tsu Koon is definitely ‘funny man’ material.
In relation to the ongoing Kampung Lorong Buah Pala land dispute, Tsu Koon is reported to have rebuked Guan Eng for trying to pass the buck and said that the present CM of Penang should just get on with the job.
“When they (the current Penang state government) can’t do something, they will blame either the previous state or Federal Government. That is the trick of their trade”, Tsu Koon said.
Good one, Tsu Koon!
Can’t stop laughing!
“… in substance, both Hindraf and the ‘One People, One Nation’ initiative desire the same thing.
We are, therefore, not opponents.
BN and its ‘divide and rule’ blueprint is our common enemy.
….The Hindraf leadership, I hope, will forgive me for this observation, and that is, that Hindraf has thus far taken an isolationist approach in pursuing its cause.
Perhaps, until Sunday, circumstances made it necessary.
The danger that we face now is that, if we pursue our respective strategies and methods independent of each other rather than working together on a common strategy, neither will get anywhere and the current status quo will remain.
In all humility, I say that if Hindraf is to take the cause that it now champions to its desired end, it must now change course.
I ask the Hindraf leadership to reflect upon this with an open heart.
My friends and I would welcome with open arms the Hindraf leadership to come together as one and secure justice and equality for all”.
News reports have it that Uthaya has been very critical of both DAP and PKR in that they are said to have done little for the marginalised Indians post the 12th GE.
It is also reported that Uthaya is in the process of applying to register a new political party called PAHAM.
Here, then, is the challenge to Uthaya.
Register PAHAM as a multi-racial party.
Make the stated objectives of PAHAM, not the championing of merely the marginalised Indians, but every marginalised anak Bangsa Malaysia.
Do that, Uthaya, and then join the political fray and teach Pakatan Rakyat the A to Z of how to rid this country of race-based politics.
Do that, Uthaya, and you and HINDRAF would have taken a huge leap from 25/11/2007.
KUALA LUMPUR, 6 July 2009: Prime Minister Datuk Seri Najib Razak said the federal government will not intervene in the Kampung Buah Pala issue as it was a matter that had to be dealt with by the Penang government.
Asked to comment on reports that Penang Chief Minister Lim Guan Eng would write a letter to seek assistance from the federal government to resolve the issue, Najib said that since land was a state matter, the Kampung Buah Pala issue would be under the purview of state authorities.
"If we are to intervene, it would create a major precedent and we will be asked to intervene in other cases as well," he told reporters after the groundbreaking ceremony for the 50-storey Naza Group office tower here.
Lim reportedly said the assistance Penang was seeking from the federal government concerned the acquisition of a piece of land from Koperasi Pegawai Kerajaan Pulau Pinang, and the payment of compensation to developer Nusmetro Ventures (P) Sdn Bhd to enable the 23 families to continue staying in Kampung Buah Pala.
Kampung Buah Pala residents would have to vacate the land after the Federal Court dismissed their appeal to remain in the area, which they have been occupying for a long time. They refused to move out, and had asked the Penang state government to intervene to resolve the problem. — Bernama
ALOR STAR, 6 July 2009: Kedah Gerakan Youth today called on Menteri Besar Datuk Seri Azizan Abdul Razak to set up an independent body to investigate the DAP's allegation that the state government would demolish some Hindu and Chinese temples in the state.
Tan (File pic)Its head, Tan Keng Liang, said Azizan should do this immediately to prove whether the allegation was true or not.
"This is a serious allegation, and the outcome of the investigation should be announced to the public," he told Bernama here today.
He said Azizan should not delay by saying he himself did not know of the alleged state government's decision to demolish Hindu and Chinese temples.
Azizan was also reported to have said the DAP was trying to incite racial hatred towards the PAS-led state government.
Recently, Kedah/Perlis DAP chairperson Thomas Su repeated his claim that he had proof of the government's decision to demolish some Hindu and Chinese temples.
He said the menteri besar should take the matter seriously and not accuse the DAP of inciting racial hatred by raising the issue.
The Kedah DAP also recently made a shocking announcement of wanting to withdraw from the Pakatan Rakyat state government over alleged unfair treatment of the DAP in the alliance, and the demolishment of a pig abattoir in Taman Berjaya here by the Alor Star City Council. — Bernama
It looks as if you are sharply divided on how well the Penang government has handled the issue of property development projects on steep hill-slopes, if the opinion poll (now closed) on this blog is any indication.
Are you satisfied with how the present Penang administration has handled steep hill-slope projects?
Total Voters: 320
It is interesting to see public opinion polarised between “very satisfied” and “very dissatisfied”.
The Penang state government should take note of the sizeable discontentment and act accordingly.
KUALA LUMPUR, July 6 (Bernama) -- Human Resources Minister Datuk Dr S. Subramaniam said he was pleased that the Vice-Chancellor of Universiti Malaya, Datuk Ghauth Jasmon, had assured him that a matter involving the appointment of the university's Head of the Indian Studies Department would be resolved quickly.
Three civilians have died in rioting in the regional capital of China's far west Xinjiang region, the official Xinhua news agency has reported. The report said the dead were "three ordinary people of the Han ethnic group". "More than 20 others were injured in the incident and many motor vehicles were burned," the Xinhua said. Activists said that police fired shots in the air and used batons to disperse the crowd of about 1,000 people on Sunday. Tension between the Han Chinese and Uighurs are common in Xinjiang province. Protest Adam Grode, an American Fulbright scholar studying in Urumqi, said he heard explosions and saw injured protesters carried off on stretchers as well as a bloodied Chinese man entering a hospital. Grode also said the police used tear gas, fire hoses and batons to disperse the crowd. "Every time the police showed some force, the people would jump the barriers and get back on the street," Grode said. "It was like a cat-and-mouse sort of game." Gulinisa Maimaiti, a 32-year-old employee of a foreign company who took part in the protest, said the violence was set off by a protest in People's Square to demand an investigation into a brawl on June 25 between Uighur and Han Chinese workers at a toy factory in southern China. A 23-year-old woman belonging to the Hui, another local Muslim minority, said the public bus she had been on was attacked by dozens of Uighurs. Uighur separatists have waged an intermittent campaign for independence for several decades, prompting the constant presence of armed police and riot squads in the region. In 1997, a protest against religious restrictions by several hundred Uighurs ended with at least 10 dead. |
JULAI 6 — Mufti Perak, Tan Sri Harussani Zakaria sekali lagi menyentuh soal perpaduan di kalangan masyarakat Melayu-Islam. Nadanya kelmarin bagaimanapun lebih tegas apabila beliau turut memperkatakan soal ketuanan.
Katanya, umat Melayu-Islam negara ini akan hilang status ketuanan sekiranya membiarkan unsur-unsur perpecahan terus membelenggu hidup mereka.
Harussani pastinya sedar dengan sejelas-jelasnya apa yang berlaku. Beliau pasti tidak akan mengeluarkan kenyataan itu jika situasi semasa tidak menjurus kepada kemungkinan terjadi apa yang dibimbangkan olehnya.
Sepatutnya nasihat tokoh agama seperti beliau disambut baik oleh semua pihak tidak kira penyokong kerajaan atau pembangkang.
Tiada guna jika kita memperkatakan soal pembangunan negara tetapi tidak menghiraukan perkara dasar yang mampu membawa kepada kejayaan yang lebih besar.
Gesaan agar umat Islam kembali kepada dua perkara utama yang mendasari ajaran Islam perlu dihayati oleh semua pihak.
Kita — umat Islam daripada kalangan rumpun Melayu — perlu menghayati Rukun Iman yang menyentuh pembentukan sahsiah, selain Rukun Islam yang berkait rapat dengan pembentukan masyarakat.
Tegasnya, jika kedua-dua asas utama ajaran Islam itu tidak dihayati dan diamalkan, lambat-laun umat Melayu-Islam akan hilang ketuanan di bumi sendiri.
Saranan Harussani itu tidak sewajarnya dilihat daripada konteks sokongan politik. Beliau bercakap daripada sudut neutral. Beliau bimbangkan masa depan Melayu-Islam.
Mungkin bagi sesetengah pihak, kenyataan itu tidak perlu diberi perhatian kerana beliau "tidak mewakili mereka". Namun ia seharusnya dilihat dalam konteks yang lebih luas dan secara lebih rasional.
Memang benar soal perpaduan dan perpecahan umat Melayu-Islam bukan satu isu baru. Tetapi ia juga bukan isu yang telah selesai. Sebaliknya ia semakin menjadi barah dalam masyarakat kita.
Umat Melayu semakin berpecah-belah. Semuanya gara-gara fahaman politik yang berbeza. Namun perlukan kita menyalahkan politik sekiranya mereka yang di sebaliknya tidak mahu bertindak secara rasional?
Seperti kata Harussani, tidak salah untuk berbeza pendapat. Malah perbezaan itulah yang akan menjana pembangunan negara. Tetapi jangan sampai perbezaan itu membawa kepada perpecahan.
Mungkin kita tidak terlambat untuk mencontohi parti-parti Cina apabila menyentuh soal perpaduan ketika berdepan dengan isu berkaitan hak dan kepentingan kaum mereka sendiri.
Gesaan ini juga pernah disuarakan oleh Harussani baru-baru ini. Tindakan DAP yang berundur dari pakatan kerajaan negeri Kedah mungkin boleh dijadikan contoh.
Apabila menyentuh soal kebajikan kaum Cina — isu pusat penyembelihan babi — DAP bertindak tanpa mengira sama ada pusat itu dimiliki oleh penyokongnya ataupun tidak.
Mengapa parti-parti Melayu-Islam yang sepatutnya dibajai semangat Rukun Iman dan Rukun Islam tidak menjiwai hakikat ini? Mengapa perlu berpecah-belah dan membiarkan orang lain mentertawakan kita? — Utusan Malaysia
KUALA LUMPUR, July 6 — The Shah Alam High Court has declared deceased art director Mohan Singh a Muslim at the time of his death, despite protests from his Sikh family, in a ruling which could reignite fresh controversy over Islamic conversion cases.
Today’s ruling comes a week after the Malay Rulers decided to put off until further study the Najib administration’s plans to amend some laws on conversions which would have gone some way in assuaging concerns especially from among the non-Muslim community.
The court ruled today that Mohan had converted to Islam and that the Syariah court had the jurisdiction to determine if he was still a Muslim when he died on May 25.
The Syariah High Court had on June 4 ruled that Mohan was a Muslim when he died and should be buried according to Muslim rites.
Syariah High Court judge Mohamad Khalid Shaee @ Shaii ruled that Mohan’s conversion was valid after hearing testimony from five witnesses and examining the documents brought before the court.
The order was issued following an application by the Selangor Islamic Religious Council (Mais).
Mohan was apparently also known as Mohammad Hazzerry Shah Mohan Abdullah. He was said to have converted to Islam in 1992 in Penang. However, the deceased’s family claimed that the 41-year-old who died of a heart attack, had neither converted nor practised Islam.
They said he had practised Sikhism and had performed the last rites for his late mother three years ago.
The family had filed for a judicial review here against the Sungai Buloh Hospital’s decision not to release the body to them to be cremated according to Sikh rites. - The Malaysian Insider
GEORGE TOWN: The Federal Government is looking at how it can help the residents of Kampung Lorong Buah Pala.
by G. Krishnan, Limlitsiang.com, Jul 05 2005
High Chaparral, the pig abattoir, the race card, double standards…. What you see is not what you get. It seems as if many politicians – and I use that term to also include some activists – have gotten all hot under the collar about the DAP’s failings in the Kampung Buah Pala and for locking horns with PAS on the pig abattoir matter in Kedah.
Get a grip people. First, Hindraf and Uthayakumar needs to cool-off; perhaps have some refreshing chendol and think through the High Chaparral matter a bit more constructively. Does he really think Lim Guan Eng is in bed with the developers? For a lawyer, he must know better the potential implications of a breach of contract – in this case, a contract the former state government – had undertaken – under the former chief minister’s watch. Yes, perhaps a stroke of the pen by the current chief minister may save the homes of the residents of Kampung Buah Pala. But at what cost to the rest of the residents of the state? Now that the current DAP state government finds itself in a dilemma like this, does it not matter what it might cost the rest of the residents of Penang to go back on their word?
As I’m sure we all – including Hindraf and Uthayakumar – surely understand, the former state government under Gerakan/BN was supposedly acting on behalf of the welfare and interest of the state when it undertook the agreement the developers. This is where Gerakan has put the residents of Kampung Buah Pala and the people of Penang. No, unlike what some might like to think, it doesn’t just take a stroke of the pen, to undo the BN’s mess. Indeed, Uthayakumar ought to know better. If he’s worried about the marginalised Indians in Kampung Buah Pala – as is understandable – just imagine the legal and financial bind a stroke of the pen by the current chief minister to undo the agreement with the developer may cost the state government. The multi-millions that this will cost the people of the state will inevitably impact lots of other marginialised people who again will have to endure the consequences of further depletion of the state’s resources.
Am I suggesting the residents of Kampung Buah Pala should therefore just become sacrificial pigs? No. They’ll have to accept the reality that the former Gerakan/BN state government did them in. And they have to be willing now to work with Lim Guan Eng and find a solution that can be a win-win situation for them, the developers (who now have a legal stake in the property), and the rest of Penangites who also have a big stake in the matter.
Probably much like the hullabaloo about the pig abattoir controversy in Kedah, what you see about the Kampung Buah Pala is not all that simple and straight forward as some would make it out to be.
So, Hindraf, sit down with your one hope – the DAP and Lim Guam Eng and find a compromise where the residents can be reasonably compensated and relocated while the rest of Penangites are also not unduly screwed by your intransigence due to a situation created by the DAP’s predecessor.
GEORGE TOWN: Kampung Buah Pala residents have hit back at Chief Minister Lim Guan Eng, claiming that their village sits on leasehold land and not freehold as stated by him.
They passed out certified copies of a state land registry document detailing the transfer of a 2.6ha piece of land on which their village is located.
“The document clearly says that the property has been leased to Koperasi Pegawai Kerajaan Pulau Pinang Bhd for 99 years until March 26, 2107.
“Lim claimed that the land is freehold and too expensive to be bought back. We give you proof that it is a leasehold property,” said Kampung Buah Pala Association assistant secretary C. Tharmaraj.
“I don’t know if his officers are giving him the wrong information or he just isn’t doing his job. Maybe he should go back to Malacca,” he told a press conference yesterday.
When shown a copy of the document, Lim said he would “check and see” before commenting.
On Saturday, Lim stressed that the land on which Kampung Buah Pala stands was freehold and earmarked for development and therefore very expensive to buy back from the developer.
At the press conference, residents also claimed that there was foul play in the transfer of the land alleging that the state cooperative was linked politically to an ex-personal assistant of former state Land Committee chairman Datuk Seri Dr Hilmi Yahaya.
Yesterday, Lim said he would write to Prime Minister Datuk Seri Najib Tun Razak, asking the Federal Government to consider paying for the cost of acquiring Kampung Buah Pala.
The state government, he said, could not afford to pay for the prime land as the sum was much higher compared to the original selling price of RM3.2mil by the previous state administration.
“All those fighting for the residents must work together and put pressure on the Federal Government, especially (former chief minister) Tan Sri Dr Koh Tsu Koon who should raise the matter in Cabinet,” he told a press conference after a meeting with former ISA detainee V. Ganabatirau and six other members of the Hindu Rights Action Force (Hindraf) at his office yesterday.
Lim said he was willing to meet the residents without any outside influence for a heart-to-heart talk.
Ganabatirau who is also Hindraf’s legal adviser, said the victims were the residents, and that the Federal Government, the state and the developer should give the residents other options and draw up proper plans.
“My humble request is for all the relevant parties, including Barisan National to solve the issue,’’ he added.
In Bukit Mertajam, Opposition Leader Datuk Seri Anwar Ibrahim said it was not necessary for Lim to visit the residents as he was already helping them find a solution to their problem.
“If he (Lim) has the time, I am sure he will visit the place.
“But if his deputies and state exco members go there, I personally would not make it a rule, even from my past experiences, to be on site every time there is a problem,” he told reporters at PKR’s operations centre in Yayasan Aman here yesterday.
******
The controversy in Kampung Buah Pala has given DAP’s enemies – and its allies – the chance to attack the party for failing to live up to the ideals it had championed before it seized power.
PERCEPTION is everything in politics and the DAP, which has a sound record on this score, should know this.
But with the Kampung Buah Pala controversy dragging on, the party is taking a big hit on the perception front.
The DAP is facing concerted opposition for “failing” to save the village from demolition.
Even its own political allies in Pakatan Rakyat – PAS and PKR – are lined up with the 200 residents of the village along with Hindraf, NGOs like Suaram and Aliran, and not to mention the BN – especially the MIC – and three Tamil newspapers that are giving front-page treatment to the issue.
The same type of anguish was seen during the demolition of the Mariamman Temple in Shah Alam a week before Deepavali in 2007, an inconsiderate act that sparked the Makkal Sakthi movement that eventually toppled the BN Selangor government.
Within the DAP too, a debate is raging between the top leadership and its Indian leaders who are taking the heat from their community for failing to speedily resolve the controversy.
They are discussing several solutions but nothing firm has emerged as yet except that residents should accept compensation and vacate the 2.6ha land.
Party sources said even veteran DAP veterans like life adviser Dr Chen Man Hin and DAP chairman Karpal Singh are worried the party would be seen as “cold and heartless” if a humane solution is not found.
The 200-odd villagers have been issued with eviction notices and face forced expulsion if they don’t vacate the land they and their forefathers have lived on for over a century.
The developer has given a lifeline – a one-month extension - before demolition takes place.
Among the general public, Indians especially, there is rising clamour for DAP secretary-general and Penang Chief Minister Lim Guan Eng and his deputy Dr P. Ramasamy to come out of their comfort zones and grapple with the real issues of unequal and lopsided development.
NGO critics ask whether Penang needs another massive development that would alienate the people and turn this resort island into a concrete jungle.
They say the state can use its inherent powers to enforce just, fair and humane solutions instead of blaming the eviction order, previous government and the developer.
What is at stake is a traditional way of life which cash cannot buy – arguments made famous by the DAP at numerous forums pre-March 8.
Part of the reason that DAP is not sticking its head out to “save” Kampung Buah Pala is Guan Eng himself.
He goes strictly by the book and is famously adamant in demanding his way on any given issue, believing it is the fit, proper and right way.
Most of the time, he is right and the party defers to him because he goes by the book – he’s tough but fair.
In the Buah Pala case, he has rejected acquisition as a solution because the court has already ruled for an eviction and acquisition would cost a bomb.
He is wrong in taking such a narrow view.
The issues in Buah Pala – repossession, dispossession and alienation of helpless people – are all issues familiar to Guan Eng and his deputy, Dr Ramasamy.
A former academician who devoted much time trying to give voice to the voiceless, Dr Ramasamy was elected to high office with the expectations that the poor would also get the attention and protection like the rich and powerful.
Likewise, Guan Eng had championed the voiceless, promoted holistic development and protection of the marginalised.
Both are under attack now from various quarters for failing to live up to the ideals they had preached. The MIC and the Tamil media are lambasting Dr Ramasamy for “doing nothing” to save Buah Pala, accusations that he himself had levelled against the MIC pre-March 8 over numerous issues.
The Buah Pala controversy offers an opportunity to the Pakatan Rakyat generally and the DAP especially to show compassion to people caught on the wrong end of development.
Previously when people and capital clashed, most of the time the people lost.
They were either evicted or offered cash as compensation. They were uprooted and their traditional way of life destroyed and they ended up thoroughly alienated.
These are the same people who had backed Pakatan Rakyat, expecting better treatment and protection from eviction, desperation and alienation.
Lim’s competency, accountability and transparency principles are truly admirable and is bringing great benefits to the state but it is missing another element – compassion.
Cold efficiency in politics and administration is just not enough to win the hearts and minds of the people.
People need a caring and sharing government that is humane and compassionate in its policies and that protects the helpless from the powerful and rapacious.
In Buah Pala village, the DAP has an opportunity to show compassion before it is too late.
After all, politics is all about perception and the DAP should know.
SHAH ALAM, 6 July 2009: The High Court here today decided that it has no jurisdiction to determine if Mohan Singh died a Muslim.
Judge Rosnaini Saub says the matter needs should be referred to the Syariah Court which had declared the former art director a Muslim convert. In making her decision, Rosnaini also rejected a request for a stay of her decision pending an appeal by Mohan's Sikh family.
She also ordered for Mohan's body, which has been kept in the Sungai Buloh Hospital mortuary since his death on 25 May 2009, to be released to the Selangor Islamic Council (Mais).
Lawyer for Mohan's family, Rajesh Kumar, however said the family would be allowed to take Mohan's body back home for awhile before Mais claims it for a Muslim burial. Rajesh said he would appeal the High Court decision in the Court of Appeals today.The definition of racism according to the Merriam-Webster Online Dictionary is "a belief that race is the primary determinant of human traits and capacities, and that racial differences produce an inherent superiority of a particular race."
By O. YOUNG/MySinchew
A COLUMNIST of a Malay-medium newspaper was accusing prime Chinese-medium newspapers of racism in a recent article. Sin Chew Daily was singled out in particular.
The article criticised Chinese news journalists of having deviated from the national mainstream thinking to instigate the narrow-minded view of racism. Granted, I agree that Chinese newspapers do support Chinese-medium education. But can this be seen as racism?
The definition of racism according to the Merriam-Webster Online Dictionary is "a belief that race is the primary determinant of human traits and capacities, and that racial differences produce an inherent superiority of a particular race."
Australia's popular Macquarie Dictionary Online further defines racism as the belief "that one's own race is superior and has the right to rule or dominate others."
The UN does not define "racism," however it does define "racial discrimination." According to the United Nations Convention on the Elimination of All Forms of Racial Discrimination (CERD), "the term 'racial discrimination' shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life."
So, judging by the way racism is officially defined, to what extent are the Chinese press journalists, particularly those of Sin Chew Daily, guilty of instigating racism? Who among the top leadership of Sin Chew are holding the belief that the Chinese race is the most superior and must therefore rule the other racial groups? Who among the writers of Sin Chew think that Chinese is more important than other languages, even to the extent that it should replace Bahasa Melayu as the official language for the country?
According to Utusan's ghost writer Awang Selamat, if an independent probe were to be carried out, the Chinese newspapers would be found to be the real racist. I am not interested in finding out who the real racist is. What I am more interested in is the question of whether or not the Chinese newspapers in Malaysia are spreading racist sentiments.
Why would the promotion of Chinese-medium education be considered racist when there has been no attempt to negate the official language of the nation? Is this because Awang Selamat has his own definition of racism, or is it because he does not understand the position and principles of the Chinese newspapers towards Chinese education in the first place?
With all due respect to the objector and before proving his thesis wrong, I can't help being curious as to how he actually defines racism. Granted that if he believes in the superiority of the Malay race over all other racial groups, that they have the absolute right to rule others who are inferior, that all who challenge that belief and who believe in human rights for all or who struggle for social equality are racists, then by this "special" definition, I'm afraid he is right. After all, the Chinese newspapers in Malaysia do indeed believe in human rights and social equality for all people.
This is so reminiscent of the days of pre-Emancipation America when the mainstream white society did not view slavery and the ban on black people's right to vote, participate in government or intermarry as an infringement of human rights. It happened because slaves were counted as only three-fifths instead of 100% of as a human being. For this very reason, their policy against blacks did not infringe on "human rights" as slaves were not considered "fully" human.
Naturally the infringement of human rights for African-Americans was never an issue to be debated. Then came the Rev. Dr. Martin Luther King, Jr., who struggled for the equality of civil rights by organising protest marches and peaceful demonstrations, only to be accused of breaking the social order, going against the Bible and betraying Christian doctrine.
Are the Chinese newspapers in Malaysia spreading racist sentiments? If Awang Selamat would sit down and talk rationally with a view to seeking a common understanding, we might very well carry on this discussion.According to the Wall Street Journal, all the individuals named in the proceedings were involved in promoting the conspiracy, or they were allegedly in a position to stop the misdeed, but refrained from doing so.
THE CORRIDORS OF POWER
Jerrel Yun, Singapore
http://marketing-interactive.com/
A New Zealand's competition watchdog is suing 13 airlines and seven airline staff in the High Court of Auckland for extensive and long-term cartel activity in the air cargo industry.
The Commerce Commission alleges that Air New Zealand, British Airways, Cargolux International Airlines, Cathay Pacific, Emirates, PT Garuda Indonesia, Japan Airlines, Korean Airlines, Malaysian Airlines, Qantas, Singapore Airlines and Singapore Airlines Cargo, Thai Airways and United Airlines colluded to raise cargo prices in and out of New Zealand via fuel surcharge over a period of more than seven years, affecting the price of cargo both into and out of New Zealand.
The Commission says the airlines entered into an illegal global agreement in 1999/2000 under the auspices of the International Air Transport Association (IATA) and imposed the fuel surcharges between 2000 and 2006.
The allegations also involve a series of regional price fixing agreements.
According to the Wall Street Journal, all the individuals named in the proceedings were involved in promoting the conspiracy, or they were allegedly in a position to stop the misdeed, but refrained from doing so.
Paula Rebstock, chair of the Commerce Commission said, "Anti-cartel enforcement activity is a priority for the Commission [and] participation in cartel activity is internationally regarded as one of the most egregious forms of anti-competitive behaviour."
Air New Zealand said it would vigorously defend the case.
In a statement, John Blair, lawyer for Air New Zealand said, "This is clearly an approach designed to justify their existence and seems more about grandstanding than about getting to the bottom of the allegations.
A spokesperson for Emirates said, "Emirates denies the allegations and will be defending the proceedings," adding that the Dubai based airline would not comment further as the matter was before the court.
Cathay Pacific, Singapore Airlines and SIA cargo also said they will be defending the charges while Korean Airlines said that it supports free trade and fair competition practices.
Some airlines are co-operating with the Commission, and an early resolution may be possible. Rebstock said she was confident of success as one airline, in exchange for immunity, would give evidence for the commission while two of the 13, British Airways and Qantas Airways have agreed to fully cooperate in exchange for halving penalties.
AND IN ANOTHER SCANDAL
Tribunal orders MAS to pay
2 June 2009
KUALA LUMPUR: Malaysia Airlines (MAS) said yesterday a European arbitration tribunal has ordered it to pay Advanced Cargo Logistic GmbH (ACL) 6.9 million euros for breach of a cargo-handling contract.
In 2004, ACL had sought to claim 62.7 million euros from MAS after the Malaysian firm breached an agreement to maintain its European cargo hub at Germany’s Frankfurt-Hahn airport for 10 years from 1999.
“Due to prudent provisioning in previous years, and given that the award orders MAS to pay only about 10% of the sum originally claimed by ACL in 2004, the award is not expected to have a material adverse impact on the financial position of MAS,” it said in a statement.
The airline said it is seeking advice to challenge the ruling.
MAS shares closed up 5.8% at RM3.28. – Reuters
Malaysian Airlines loses cargo case
8 June 2009
An ICC tribunal has ruled in favour of a German cargo company but declined to grant it more than a tenth of its original damages request.
Seated in Geneva, a tribunal comprising Gabrielle Kaufmann-Kohler (Chair), Bernhard Meyer and Paolo Michele Patocchi ordered Malaysian Airlines to pay German cargo company Advanced Cargo Logistic GmbH €7 million, far less than reports suggest the German company wanted. Malaysian reports say it requested €62.6 million.
In 2004, the company accused the airline of breaching a contract to keep a cargo hub at Frankfurt-Hahn airport for ten years. For its part, Malaysian Airlines contended that it was suffering substantial losses operating at Frankfurt-Hahn and cancelled the contract early.
The tribunal issued a partial award in 2007, declaring that Malaysian Airlines had breached its obligations to maintain its European cargo hub at Frankfurt-Hahn. The latest decision concerns damages.
Malaysian Airlines says that given the size of the award, the ruling is not expected to have a "material adverse impact". However, the airline says it may file for annulment.
In the meantime, the airline is taking action against individuals who may be responsible for it incurring losses. According to a Kuala Lumpur Stock Exchange filing, Malaysian Airlines has filed an action in Malaysia against "former officers" of Advanced Cargo Logistic for "an indemnity against the amount of the award," as well as for other "losses incurred in connection with its operation at the Frankfurt-Hahn airport."
Counsel to Advanced Cargo Logistics, Thomas Legler of Python & Peter, says the cargo company can see "no basis for Malaysian Airlines to ask to set aside the award."
"The award was scrutinised by the ICC Court. In addition the chances of successfully having it set aside by the Swiss Federal Tribunal are statistically very slim," he says. In regards to the action against former Advanced Cargo Logistic officials in Malaysia, Legler says as the company is not involved, it "cannot take any position regarding these claims."
In 1999 the companies entered into a contract providing for Malaysian Airlines to relocate its cargo operations from Schiphol Airport in Amsterdam and Frankfurt International Airport to Frankfurt-Hahn airport, a smaller airport situated 175km from Frankfurt city.
After two years operating at Frankfurt-Hahn, Malaysian Airlines cancelled the contract. According to the company's website, it still operates cargo hubs at Schiphol and Frankfurt International.
Malaysian Airlines is engaged in another ICC arbitration with Air Maldives. The two airlines are battling over a contract that was dissolved after Malaysian Airlines was sold back to the government. - USBS
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Arbitral Tribunal
· Gabrielle Kaufmann-Kohler (chair), (Switzerland)
· Bernhard Meyer (Switzerland)
· Paolo Michele Patocchi (Switzerland)
Counsel to Advanced Cargo Logistic (ACL)
· Python & Peter
Partner Thomas Legler in Geneva and Counsel Christoph Brunner in Bern
· Till Müller-Heidelberg in Bingen
Counsel to Malaysian Airlines (MAS)
· Lee Hishammuddin Allen & Gledhill
Partners Rosli Dahlan, DP Naban and Nitin Nadkarni in Kuala Lumpur
· Homburger
Partner Markus Wirth and associates Nicolas Herzog and Melissa Magliana in Zurich