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Tuesday, 7 July 2009

Manek Urai: Nomination Day on Telephoto - Kickdefella

Nomination Day_0024

Nomination Day_0055Daddy Bernard a.k.a Zorro

Nomination Day_0117

Nomination Day_0187

Nomination Day_0041

Kepong MP YB Dr. Tan of DAP and Kelantan State Exco, YB Fatah

Nomination Day_0061Prayers From The Top

Nomination Day_0110

Nomination Day_0070

Nomination Day_0132The Commander in Chief

Nomination Day_0154Man of The Moment, The candidate for PAS

Nomination Day_0155

Hehehe…. Who let the dog out!

Nomination Day_0181

Brother M

For more photos of Manek Urai, please visit my flickr site here

The joker in the pack : Koh Tsu Koon

By Haris Ibrahim,

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.

Koh Tsu KhoonI 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!

A challenge to Uthayakumar : Come together as one and secure justice and equality for all


By Haris Ibrahim

The following are excerpts from a post here on 28th November, 2007 :

“… 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.

Non-Indian heading Indian Studies Research in University Malaya

Monday, July 06, 2009
University Malaya Indian studies research department head Dr. Kumaran was removed from his position before the expiry of his contract and a non-Indian has taken over his position, according to Makkal Osai report today.


MIC deputy president hopeful S Subramaniam has expressed shock and condemned the UM authorities for their move in appointing a non-Indian to head Indian studies.

“UM ought to explain the entire Indian community for their decision”, said Subra.

After a long struggle by a renowned Tamil patriot, K Sarangapani , Indian studies was established in UM, much to the chagrin of Neelakanda Sasthri who proposed Sanskrit.

The Indian community is boiling over Kampong Buah Pala.

Now, another explosive issue which will certainly be a rallying point for Hindraf brothers: Uthayakumar and Waythamoorthy

 um
makkal osai 060709

Kg Buah Pala a state not federal issue: Najib

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

Investigate allegations on temple demolitions: Kedah Gerakan Youth

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

Opinion sharply split on Pg govt’s hill-slope management

By Anil Netto

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?

  • Very dissatisfied (28.0%, 89 Votes)
  • Very satisfied (28.0%, 88 Votes)
  • Somewhat satisfied (19.0%, 62 Votes)
  • Somewhat dissatisfied (16.0%, 50 Votes)
  • Not sure (10.0%, 31 Votes)

Total Voters: 320

Loading ... Loading ...

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.

THE MODERN MIDDLE KINGDOM II


1. I am gratified that so many Singaporeans know minute details regarding the price of water (raw and treated) and the negotiations that took place.

2. True, I did not negotiate successfully the increase of the 3 sen per 1000 gallons of raw water. You know why? If we demand an increase to 6 sen (100%), Singapore would increase the treated water price to RM1.00 (100%). Of course if we increase to RM6.00 Singapore would demand an increase to 50 x 2000% = RM100.00.

3. Yes, Malaysia profited by buying treated water at 50 sen. Malaysia's entitlement was only 12% of the raw water it sold to Singapore. The cost of treatment is not RM2.40 as alleged. It was only RM1.20. However, since the Singapore dollar has appreciated against the Malaysian Ringgit from being at par to RM2.40, the same cost to Singapore would now be about 2.4 times the original RM1.20.

4. By the same token, when Singapore pays 3 sen to Malaysians, in Singapore dollars it is only 0.42 sen (less than 1 sen for 1000 gallons).

5. At the original cost agreed upon Malaysia benefited by 70 sen per 1000 gallons of treated water but only on 12% of the raw water sold.

6. Assuming that Malaysia sells 100 million gallons to Singapore, it would pay RM3,000. Malaysia's purchase of 12,000,000 gallons would be RM6,000. Despite the discount, Malaysia would have to pay Singapore RM6,000 while Singapore would pay Malaysia RM3,000. It looks like Singapore would pay Malaysia with the money it earns from selling water to Malaysia and still have money to spare.

7. The negotiations failed because Singapore wanted more water beyond 2060. We could not agree to commit the future generations of Malaysians to something that could be to their disadvantage.

8. The price of treated water to the citizens of Singapore is very high compared to the 0.42 of one sen paid by Singapore for 1000 gallons plus the cost of treatment.

9. It is clear that for every day the water agreement remains in place, the Singapore Government stands to gain a huge sum of money from selling water to the people of Singapore.

10. By 2011 the first agreement would lapse. But the second agreement would lapse only in 2060. Singapore can enjoy 0.42 of one cent per 1000 gallons for another 51 years.

11. Since the present Malaysian Government has generously decided to stop discussions with Singapore on all outstanding issues, Singapore would continue to benefit from all the outstanding issues with Malaysia. Yet Malaysia willingly gave up its naval base at Woodlands without asking for any compensation for the facilities owned by Malaysia there.

12. Lee Kuan Yew is right. By Malaysian Government's consent Malaysia is Singapore's hinterland and subject to Singapore Government's largesse. Singaporeans need not worry. You will continue to pay 0.42% of 1 sen for 1000 gallons of raw water until 2060. It is Malaysia's gift to Singapore.

Subra Pleased Over UM's Vice-Chancellor's Assurance

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.

In a statement Monday, the minister, who is also the Secretary-General of the Malaysian Indian Congress (MIC), said he had spoken to Ghauth to request that a suitable Indian lecturer be appointed to the post.

In response to news reports that the department's former head, Dr S. Kumaran, had been replaced by a non-Indian from the same university, Dr Subramaniam said the appointment of a non-Indian to the post had created uneasiness and unhappiness among the Indian community.

The minister said Ghauth had agreed to resolve the matter as soon as possible.

Dr Subramaniam said Ghauth had told him that Dr Kumaran's replacement was an administrative issue but promised to look into the minister's request seriously.

The minister said he attributed the problem to the lack of co-operation among the teaching faculty of the department concerned.

The reality of political involvement

An intresting write up by By Baradan Kuppusamy
KARAK, July 5 — While many of her compatriots in DAP celebrated their party's best ever electoral results last March, Kamache Dorai Rajoo counted the cost of her 145-vote loss in the Sabai state seat, and made a life-changing decision.

decided to leave her husband behind in Kuantan and uprooted the rest of her family — her mother and two children — to this small town at the foothills of Genting Highlands. The 39-year-old would stay back to fight for a chance to be elected by the people of this small town.
More than a year later — she now has a permanent service centre she mans with party volunteers — many locals are behaving like her constituents and flock to her office for help.
With the help of her 68-year-old mother Mariyamal, whom she sees as her biggest inspiration in life, Kamache continues her campaign to get elected.

Although a one street town, Kamache's new home has a Chinese new village, a KFC and MacDonald’s outlet and two police stations one at each end of the town, reminiscence of the days when it was a communist hotbed.

Her husband is putting up in Kuantan where he works as a senior supervisor with an oil palm mill belonging to Sime Darby and although he has applied for a transfer to Karak he has little chance of getting it, says Kamache.

She is determined to stay in Karak despite the odds.
“In Kuantan only my husband needs me but here in Karak the many people need me,” she said.
“They face numerous problems and see me as their Wakil Rakyat and come to me for help even though I lost,” Kamache said. “I can’t let them down.”

“I intend to stay here for good even though it is a struggle to stay afloat,” said Kamache in fluent English.

The 10th in a family of 11 children, Kamache studied in a Tamil school, picked up English working as a receptionist, was a ground staff for a German airline and is currently doing a masters in English with the Open University.

But it has all been downhill since she uprooted from Kuantan and set up camp in Karak in the Sabai constituency with about 10,000 voters.
She gave up a lucrative job teaching English that paid about RM8, 000 a month when she moved to Karak.

“I persuaded my husband to let me go as I was determined. After drifting in life I have found my vocation in life. Politics, serving the people, fighting for justice...these are what I want to do,” she said.

“One day I would want to take a seat in Parliament. This is my dream,” she said. For the moment it is a uphill battle.

After landing in Karak she looked for a job and has yet to land one.
She rents a house in Karak for RM500 a month and her service centre cost RM350 a month.
Unlike in Kuantan where she taught tuition for a handsome fee, in Karak she is teaching English for free as part of the DAP's service to the constituents.
Without a steady job or business Kamache is finding it tough to pay the rent. Her savings is fast depleting.

Her mother is helping out from her pension along with her husband who earns about RM4,000 a month.He also pays the monthly instalment for their house in Kuantan and for a Chevrolet 1.8 Optra that was bought during the good times in Kuantan.

“I can last another month or two but after that only a miracle can save us,” she said.
To make ends meet the family drastically scaled down their lifestyles.
Her daughter Venosha, 15, has given up on school tuition and Indian classical dance lessons. Before they were chauffeured to school now they take the school bus.
The credit cards have been shelved and a upcoming trip to Budapest, on July 14, for a eight-day political training stint has also been cancelled.

"I tried to raise money for the trip but there’s just not enough,” Kamache said with a trace of regret.On the personal front, her health is not balmy. Her asthma has started to act up with the cooler and wetter weather in Karak and in addition she suffers from a live long battle with psoriasis, a skin disease which is suppressed by taking steroids. “Why do you think I always wear longs sleaves,” she joked adding “I have spent over RM200,000 in my life for a permanent cure but without success.”

The amazing thing is that it never crossed her mind to give it all up and go back to the secure and comfortable life she had in Kuantan. “I am not a quitter and besides I am needed here. There are so many issues and problems I have taken up. I cannot just walk away,” Kamache said.“I have fought all my life. I have survived one personal crisis after another. I don’t plan to give up,” Kamache said. “I can’t abandon the people here.” It was not always like this with her.
Although the family started poor on her father’s small income as a civil servant, she managed to get educated up to A-levels first in Ipoh and later in Jelapang where they moved on her father’s retirement in 1989.

They lived in a squatter settlement outside town.
“I worked in numerous places — at a hotel in Langkawi, as ground stewardess and as receptionist in Klang,” she said.

Her political initiation came one day in 1990 when she attended a forum on the plight of the Sri Lankan Tamil refugees in Meru, near Klang.
“That forum changed my outlook about myself and the world,” she said.
“That’s when I realised one had to look beyond self and one had to speak up against injustice.”
That realisation made her take an active interest in human rights issues and get involved in the struggle for freedom of minorities.

It was during this period that she got involved in the setting of the Tamil Foundation, an NGO that promoted Tamil education and culture.
Through this activity Kamache met activists lawyers like P. Pasupathy, M. Manoharan (currently Tamil Foundation chairman and Teluk Intan MP) and M. Kulasegaran (MP Ipoh Barat).

In the run up to the March 8 general election the DAP was keen to promote Indian women to stand for election as the party had never fielded one before.
Naturally Kamache, with her speaking talents and experience with grassroots rights activities was a natural choice.

“I was reluctant but was persuaded to take the plunge by YB Kula,” Kamache said. She was presented to the DAP veteran Lim Kit Siang and secretary general Lim Guan Eng and they were agreeable for Kamache to contest in the Sabai state seat.
“I arrived with my two children and my mother one day before parliament was dissolved (on Feb 13, 2008),” she said. “This was the first time I had stepped foot in Karak.”
The four of them slept on the floor of the DAP office in Karak for the next 25 days running a chaotic campaign with the help of the local DAP leaders against the well oiled campaign by BN candidate Datuk M Davendran.

On polling day she swept the urban votes but lost the bulk of the votes in Felda Serting. Overall she lost by a narrow 145 votes. “I cried for days, my mother cried, by children cried, DAP party workers cried. We were so close and yet we were defeated,” Kamache said recalling the agony of defeat.

Three days after the defeat she met her husband and told him she had made up her mind to return to Karak, set up office and serve the people and fight on.
Her husband agreed.Her financial woes are just one of the many battles she faces.
She fights the bureaucracy, headquartered in Bentong about 30 minutes from Karak, for everything — health services to garbage collection, problems with birth certificates and provision of basic amenities.

“I don’t have time even to read the newspapers,” she said adding she is “vaguely” aware about the issues in Buah Pala village in Penang. “I have my hands full here.”
“Unlike before the DAP has to fight on several fronts now. We fight for all Malaysians. We are not perfect but we stay the course,” she said.

Email Rozmal : India P.Pinang jauh lebih bertuah dari Melayu Rembau

Berikut ialah petikan email dari seorang teman , email ini bagi che'GuBard agak tidak setuju kerana mengambil kira perbezaan berdasarkan kaum. Namun ingin dikongsi di sini untuk tatapan semua dan untuk difikirkan semula.

Untung betul jadi orang India di Malaysia ni. Malang sungguh jadi orang Melayu di Malaysia ini. Lebih malang lagi Melayu di Negeri Sembilan, lagi lagi malang Melayu di Rembau.

Melayu di Rembau juga akan kehilangan tanah tempat tinggal mereka. Bukan tanah haram, bukan tanah kerajaan , tapi tanah adat yang diwarisi sejak berates-ratus tahun.

Namun nasib Melayu Rembau tidak mendapat liputan media seperti nasib India di Kg Buah Pala , Pulau Pinang.

Lebih malang lagi Surau yang akan dirobohkan di Rembau kerana memberi laluan kepada pembangunan juga tidak diberi perhatian media. Bukan media asing , bukan CNN , bukan Al Jazeera , tapi Utusan, Berita, TV3, TV1 dan sewaktu dengannya seolah-olah meminggirkan nasib Melayu N.Sembilan.

Wajarkah Korbankan DEB Kerana Undi Minoriti?

A Kadir Jasin

[Komen menggunakan pengenalan anonymous TIDAK AKAN DILAYAN. Sila gunakan nama sebenar atau nama samaran. Jikalau menggunakan anonymous, sila nyatakan nama di penghujung komen. Ulasan yang mengandungi unsur fitnah, hasutan, perkauman dan bahasa kesat tidak akan disiarkan. Ulasan yang terkeluar daripada tajuk tidak akan diberi keutamaan.]

TERIMA kasih kepada pembahas dan pembaca yang menghayati puisi mudah saya dalam posting lalu. Saya tidak pandai bermadah dan berbahasa tinggi dan indah. Itulah yang mampu saya luahkan untuk melepaskan sebak di dada dan berkongsi rasa.

Terima kasih kepada yang turut berpuisi dan berpantun seloka. Khazanah bahasa ini jangan kita lupa. Madah pujangga dan tunjuk ajar pendeta jangan dipersia-senda.

Ekoran daripada reaksi yang membina kepada posting itu, izinkan saya meneruskan perbincangan mengenai Dasar Ekonomi Baru atau saki bakinya yang nampaknya amat tidak disenangi oleh sesetengah pihak. Mohon maaf jika tampalan kali ini lebih panjang daripada biasa.

Saya hendak mulakan dengan bertanya: Selama 30 tahun Dasar Ekonomi Baru berkuat kuasa, adakah ia menyekat perkembangan ekonomi negara?

Jawabnya tidak. Malah kerana pelaksanaan matlamat-matlamat dan program-program DEBlah, ekonomi Malaysia berkembang pesat.

Keluaran Dalam Negara Kasar (GDP) meningkat daripada RM12 bilion pada tahun 1970 kepada RM120 bilion 1995 dan RM357.9 bilion 2007, menjadikan ekonomi Malaysia ke-29 terbesar di dunia.

Adakah ia menyekat kemajuan kaum-kaum bukan Bumiputera dan membantutkan kemasukan modal asing seperti yang didakwa oleh begitu banyak pihak sehingga membuatkan sesetengah pembesar Umno berasa bersalah dan defensif?

Pun tidak. Kadar kemiskinan dikurangkan dan pendapatan semua kaum meningkat. Tetapi pendapatan kaum-kaum bukan Bumiputera, khasnya Cina meningkat dengan lebih pantas kerana mereka menguasai dunia perdagangan dan profesionalisme.

Jurang Miskin-Kaya Meluas

Malah jurang pendapatan antara yang miskin dan kaya menjadi luas semula sejak beberapa tahun kebelakangan ini apabila kemunculan kegiatan baru ekonomi seperti perkhidmatan (services) dan teknologi maklumat dan telekomunikasi (ICT) lebih menguntungkan sesetengah kaum dan golongan pekerja.

Laporan Rancangan Pembangunan Manusia Pertubuhan Bangsa-Bangsa Bersatu (UNHDP) tahun 2004 mendapati 10 peratus rakyat Malaysia yang paling kaya menguasai 38.4 peratus daripada pendapatan ekonomi berbanding 10 peratus paling miskin menguasai hanya 1.7 peratus.

Kita semua tahu siapa dan kaum mana paling kaya di Malaysia dan siapa pula yang paling miskin di negara kita ini. Malah jurang antara yang kaya dengan yang miskin dalam kaum yang sama turut meningkat.

Bumiputera tidak mencapai matlamat 30 peratus pemilikan kekayaan korporat. Mengikut perangkaan rasmi, pada tahun 2006, pemilikan Bumiputera pada nilai pasaran dalam syarikat-syarikat yang tersenarai di Bursa Malaysia dianggarkan RM88.4 bilion atau 15.1 peratus.

Tetapi bukan Bumiputera yang berupa 34 peratus daripada warganegara memiliki RM251.1 bilion (42.8 peratus) manakala pemodal asing memiliki RM234.7 bilion (40 peratus).

Majoriti aset Bumiputera dipegang oleh institusi amanah dan beberapa kerat ahli perniagaan Melayu yang berjaya.

Lebih Buruk Tanpa DEB

Hatta pada nisbah yang rendah dan berat sebelah ini pun, kita boleh berkata DEB telah berhasil mengurangkan kemiskinan dan ketidakseimbangan kaum.

Misalnya, apabila DEB dilancarkan pada tahun 1971, pemilikan korporat Bumiputera dianggarkan hanya dua peratus.

Jadi apalah salahnya kita meneruskan pelaksanaan sesetengah matlamat dan kaedah DEB yang baik dan berkesan itu?

Mengapakah sesetengah orang Melayu dan parti-parti politik Melayu begitu takut untuk mempertahankan sesuatu yang terbukti baik dan menguntungkan semua kaum?

Kalau ada perkara yang hendak ditentang dan dikritik dalam dasar itu adalah kegagalan mencapai sepenuhnya matlamat membasmi kemiskinan dan 30 peratus pemilikan Bumiputera.

Dalam apa bentuk sekalipun, matlamat membasmi kemiskinan tanpa mengira kaum dan menambah ekuiti Bumiputera wajib diteruskan.

Tetapi dasar-dasar berkaitan pemilikan ekuiti bukan Bumiputera boleh diliberalisasikan kerana mereka bukan sahaja sudah mencapai matlamat itu malah atas dasar meritokrasi sudah boleh bersaing dengan orang asing.

Inilah masanya bagi badan-badan amanah dan tabung-tabung pelaburan rasmi, termasuk Ekuiti Nasional Berhad yang baru ditubuhkan, menambah modal dalam syarikat-syarikat bukan Bumiputera dan asing yang berdaya maju kerana harga saham di Bursa Saham berada pada paras yang menarik.

DEB Punca Bukan Melayu Tolak BN?

Apakah pengundi bukan Melayu menolak Umno dan Barisan Nasional pada pilihan raya umum tahun lalu kerana DEB?

Kalau begitu, kenapa mereka sokong BN sebelum ini, khasnya pada tahun 2004?

DEB hanyalah alasan! Mereka menolak Umno dan BN kerana imej BN yang tidak baik dan kerana mungkir janji. Banyak janji dan ikrar era Abdullah Ahmad Badawi seperti keterbukaan, kebebasan dan liberalisasi tidak dilaksanakan seperti difahami oleh pengundi.

Selain merakamkan protes, pengundi bukan Melayu tahu bahawa dengan menghukum BN mereka boleh membuat tuntutan baru.

Dilema Umno dan BN adalah memastikan agar tolak-ansur dengan bukan Melayu ini tidak akan menambahkan kemarahan orang Melayu dan memastikan orang bukan Melayu mengundi BN.

Yang dikhuatiri adalah apa yang disebut oleh ungkapan Inggeris iaitu pengundi bukan Melayu mungkin “have the cake and eat it at the same time.” Dalam erti kata yang lain, mereka terima apa yang diberi, tetapi tetap tidak mengundi BN.

Ada Bumiputera Tak Sedar Untung Nasib

Bumiputera yang menolak DEB atau berasa bersalah mendapat bantuan DEB sebenarnya tidak kenang budi dan tidak sedar diri.

Apatah lagi kalau mereka membuta tuli bercakap mengenai meritokrasi dan liberalisasi yang mereka sendiri tidak faham implikasinya.

Kalau tidak kerana sekolah asrama penuh, MRSM, biasiswa dan pinjaman pelajaran, adakah mampu bilangan profesional Bumiputera dinaikkan ke tahap sekarang?

Pada tahun 1970, ada hanya 6.8 peratus akauntan adalah Bumiputera, 4.3 peratus arkitek, 3.7 peratus doktor dan 7.3 peratus jurutera. Yang agak banyak adalah doktor haiwan (40 peratus) sebab pada waktu itu Melayu pelihara haiwan. Tetapi pada tahun lalu, 24.5 peratus akauntan adalah Bumiputera, arkitek 38.2 peratus, doktor 52.9 peratus dan jurutera 52.4 peratus.

Apakah Melayu dan Bumiputera profesional ini boleh berada di mana mereka sekarang jika bergantung nasib semata-mata kepada pembiayaan ibu bapa mereka yang mengerjakan bendang, dusun dan huma untuk mendapat pelajaran tinggi?

Sekalipun mereka sudah berdikari dan tidak perlu tongkat lagi, tetapi ingatlah banyak lagi orang Melayu, Iban, Kadazan dan Orang Asli yang miskin dan melarat.

Dan bagi setiap rumah besar yang doktor atau jurutera Melayu miliki, orang Cina miliki lebih banyak dan lebih besar.

Jangan berbangga sangat dengan aset-aset Permodalan Nasional Berhad, Tabung Haji, Felda dan Lembaga Tabung Angkatan Tentera. Hari ini semakin banyak kawasan bandar seperti Seri Kembangan, Petaling Street dan Bukit Bintang, hampir-hampir tidak ada penyertaan Bumiputera malah India pun hampir-hampir tidak ada.

Jadi, apakah yang buruk sangat dengan DEB sehingga begitu ramai orang, termasuk orang Melayu, berasa ia merugikan dan wajib dihapuskan?

Meritokrasi Bila Tembolok Terisi

Orang bukan Melayu dan sesetengah orang Melayu kini asyik bercakap mengenai keadilan sosial dan meritokrasi.

Bukankah kerana keadilan sosial dan meritokrasi di bawah DEB maka begitu ramai orang bukan Melayu mampu ke universiti-universiti ternama di dunia atas pembiayaan sendiri mengatasi bilangan Bumiputera yang dibiayai oleh Kerajaan?

Mengapakah apabila Kerajaan memberi biasiswa atau bantuan kepada Bumiputera, ia dituduh memberi tongkat, tetapi apabila bukan Bumiputera mendapat hak yang sama, ia dikatakan hak dan meritokrasi?

Apabila Bumiputera berjaya dalam perniagaan dia dituduh kroni. Tetapi apabila korporat Cina dan India menjadi raksasa kerana kontrak, francais dan lesen kerajaan ia dikatakan meritokrasi?

Siapa yang memegang monopoli gula sampai hari ini atau menjadi kaya raya kerana lesen judi, lesen TV satelit, lesen IPP dan kontrak berbilion ringgit membina hospital, kereta api laju dan sekolah?

Dan berapa kerat tahu atau masih ingat bagaimana Tun Abdul Razak Hussein terpaksa “menyelamatkan” Malayan Banking pada tahun 1965 apabila pengasasnya, mendiang Khoo Teck Puat, disingkirkan atas tuduhan melencongkan wang bank itu kepada syarikat persendiriannya di Singapura?

Begitulah juga dengan pengambilan oleh IPTA. Apabila keutamaan diberikan kepada Bumiputera, bukan Melayu merungut. Tetapi apabila Kerajaan membenarkan penubuhan IPTS yang majoriti pelajarnya bukan Melayu, tiada siapa pun mengucapkan terima kasih atau bersungut?

Hari ini, ada 20 Institut Pengajian Tinggi Awam (IPTA) yang tersenarai dalam laman web rasmi Kementerian Pengajian Tinggi, tidak termasuk 24 politeknik. Bilangan IPT swasta yang disenaraikan berjumlah 450 – ya, 450.

Dengan pengambilan bukan Bumiputera yang semakin ramai ke IPTA dan kemasukan ke IPTS yang terus dimonopoli oleh bukan Bumiputera, adalah tidak mustahil dalam masa yang singkat pengajian di IPT akan didominasi oleh bukan Bumiputera.

Soal pokoknya adakah situasi berat sebelah yang memihak kepada kaum-kaum minoriti ini menyokong pemulihan Umno dan pembentukan 1Malaysia yang sejahtera, aman dan makmur?

Sudah lupa yang sejahtera, aman dan makmur itu adalah cogan kata manifesto BN tahun lalu?

Dan apakah sudah dikaji dan difahami implikasi sistem biasiswa dua tingkat (two-tier) kepada nisbah kemasukan dan prestasi pelajar Bumiputera dan bukan Bumiputera ke IPT?

Sumbangan bukan Bumiputera Tidak Dinafikan

Tiada siapa yang menafikan bahawa bukan Bumiputera juga menyumbang kepada perkembangan dan kematangan ekonomi negara, tetapi ia berasaskan kepada prinsip keuntungan.

Mereka menyumbang kepada perkembangan ekonomi kerana suasana politik yang stabil sejak 1969 membolehkan mereka meraih keuntungan yang besar daripada apa yang mereka laburkan.

It is not altruism -- bukan sumbangan percuma yang tidak mengharapkan sebarang alasan!

Mari kita hadapi realiti. Selain Singapura yang berupa negara kecil dan majoriti penduduknya Cina, tidak ada tempat lain di dunia di mana orang Cina mempunyai kuasa politik yang begitu luas serta memonopoli ekonomi selain daripada di bumi Malaysia ini.

Tetapi, pilihan raya demi pilihan raya membuktikan bahawa yang menjadi tonggak BN adalah orang Melayu dan Bumiputera lain.

Malah majoriti calon bukan Melayu BN yang menang pilihan raya menang di kawasan majoriti Melayu.

Tetapi akibat kelemahan Umno, orang bukan Melayu bulat-bulat menolak BN pada pilihan raya 2008 manakala ramai orang Melayu memihak kepada Pas.

Perimbangan kuasa antara Umno dan Pas sudah berubah. Tidak mustahil Pas akan menjadi parti utama Melayu yang terpaksa berpakat dengan parti-parti bukan Melayu untuk memerintah.

Itulah yang akan terjadi apabila peranan Umno sebagai parti induk politik Malaysia tidak dapat dipulihkan lagi.

Dan harapan memulihkan Umno sehingga boleh diterima kembali oleh majoriti orang Melayu dan dihormati oleh bukan Melayu tidak akan berjaya jika kepemimpinannya terus dicurigai dan dipertikaikan.

Tindakan tidak menyingkirkan anasir-anasir rasuah daripada kepemimpinan Umno, malah melantik mereka semula, tidak membantu proses pemulihan Umno.

Ironinya, masyarakat perniagaan yang didominasi oleh bukan Melayu boleh hidup makmur sama ada dalam suasana bebas rasuah atau penuh rasuah!

Apabila orang Umno sendiri mendapati sukar mempertahankan parti mereka, adalah sukar bagi Umno mendapat sokongan orang lain, terutamanya sokongan bukan Melayu. Orang bukan Melayu mempunyai banyak pilihan.

Kesimpulannya, janganlah sewenang-wenangnya ditolak kebaikan DEB semata-mata untuk memancing undi atau kerana ia tidak berjaya sepenuhnya.

Itu bukan salah DEB. Itu adalah pengkhianatan oleh pelaksana yang dangkal, lemah, malas dan korup.

Terima kasih.

Monday, 6 July 2009

Civilians die in China riots


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.

Pelihara ketuanan Melayu-Islam, pulihkan perpaduan — Utusan Malaysia

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

Anwar's Long-Delayed Trial to Begin

Monday, 06 July 2009 Image(Asiasentinel)
Malaysia's judicial system is under as much scrutiny as the defendant


Anwar Ibrahim, the former deputy prime minister leading Malaysia's resurgent opposition coalition, is to go on trial Wednesday on year-old sexual perversion allegations that again will put the country's judicial system in the spotlight.

In June 2008, a 24-year-old former aide to Anwar, Saiful Bukhari Azlan, filed the charges in a police kiosk at Kuala Lumpur Hospital, accusing the 61-year-old Anwar of forcibly sodomizing him in a posh neighborhood just minutes away from Parliament. Sodomy in Malaysia is punishable by caning and up to 20 years in prison.

The case has been heavily criticized. Almost immediately after the charges were filed by Saiful, the doctor who examined him said there was no evidence of anal intercourse. Anwar has supplied an alibi for the night in question. The charges have been reduced from forcible rape to consensual sex, which is illegal under Malaysian law, but Saiful hasn't been charged despite his claim that he was a participant.

Anwar has repeatedly said the charges were engineered to wreck his political career. Raja Petra Kamaruddin, the controversial editor of the popular internet political blog Malaysia Today, has repeatedly tied Saiful to Najib Tun Razak, who was deputy prime minister when the charges and was named prime minister in April. (It should be pointed out that Raja Petra has been notoriously unreliable on some of his charges, deeply well informed on others.)

Anwar, of course, has been here before. In September 1998, he was sacked by then Prime Minister Mahathir Mohamad from his post, ending his role as Mahathir's protégé and heir apparent. He was arrested soon after on similar charges of sodomy as well as corruption. As with the current round of charges, numerous discrepancies emerged and legal experts called the charges into question. Nonetheless, Anwar ultimately served six years before the charges were reversed after Mahathir left office.

An Anwar spokesman, Kim Quek, charged that “the conduct of the [current] case thus far seems to be aimed at humiliating him and ruining his reputation rather than fulfilling the requirements of the legal process.” Quek pointed out that some of the main players in the prosecution are the same as for Anwar's 1998 ordeal, including Gani Patail, then the prosecutor, who has since been elevated to Attorney General, and Musa Hassan, the police official in charge of the earlier investigation, who now holds the top police post. Anwar is how suing Patail for fabricating the evidence in the 1999 trial that put him behind bars.

Anwar's lawyers expect the current case to be argued on the basis of DNA evidence. On his arrest last July, Anwar refused to give a sample of DNA, claiming the evidence could be manipulated. However, in September last year, the government moved a new bill through the parliament that would allow it to compel suspects to give DNA samples. Anwar has continued to refuse, saying there is no case against him and that the sample will be used to fabricate evidence.

During his imprisonment on the 1998 charges, Anwar was beaten and kept in solitary confinement frequently. He was photographed during court proceedings with a black eye and bruises, and he continues to suffer back pains from the beatings. Human rights organizations from around the world condemned Anwar's treatment and criticized the charges as trumped up. Then US Vice President Al Gore insulted his Malaysian hosts during a visit to the country in 2000 by denouncing the trial as a mockery.

After his release Anwar returned to politics to lead the opposition Pakatan Rakyat coalition, made up of the ethnic Chinese Democratic Action Party, the Islamic Parti Islam se-Malaysia and Anwar's own urban-based Malay Parti Keadilan Rakyat, to a strong victory in March 2008 elections, breaking the two-thirds hold on parliament enjoyed by the ruling National Coalition for the first time in the country's history and winning six statehouses. Since that time, the opposition has won five of six by-elections across the country.

Malaysia's judicial system has been repeatedly criticized as flawed and subject to political interference, going back to the 1980s when Mahathir fired most of the country's Supreme Court judges after a series of adverse decisions and engineered the appointment of more sympathetic jurists. In May of 2008, a royal commission appointed to investigate the system in the wake of a scandal concluded that the courts had been subject to widespread fixing of judicial appointments at the behest of politicians. The report included allegations of judicial abuses by Mahathir, who angrily left the United Malays National Organisation after former Prime Minister Abdullah Ahmad Badawi indicated he might be investigated on the charges.

Badawi has since been cashiered by his party amid the economic downturn and election losses; Mahathir was never investigated.

Likewise, Najib was the subject of widespread reports of tying him to the murder of Altantuya Shaariibuu, a 28-year-old Mongolian translator who was the jilted lover of one of Najib's closest friends, Abdjl Razak Baginda. Neither Najib nor his chief of staff was ever called as witnesses or asked to give evidence despite the fact that two of Najib's bodyguards were convicted of killing the woman, and one of them, in a confession that was never introduced at the trial, said they were to be paid up to RM100,00 for the murder.

After a flawed trial in which the prosecutor and judge were changed abruptly, evidence was suppressed and other oddities were noted, Razak was freed without having to put on a defense. He has since left the country. The two bodyguards were sentenced to hang. Their case is being appealed.

Punjabi man declared Muslim after conversion row

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

High Chaparral: High Chaparral update

Murugiah in bid to help High Chaparral folk
By : Phuah Ken Lin
NST, Jul 06 2009

GEORGE TOWN: The Federal Government is looking at how it can help the residents of Kampung Lorong Buah Pala.

Deputy Minister in the Prime Minister's Department Senator Datuk T. Murugiah said: "I will read the memorandum submitted by the residents before working out an amicable solution.


"I will discuss the available options with Prime Minister Datuk Seri Najib Razak."

He did not rule out the possibility of giving financial assistance but declined to commit himself further.

"The ministry can only decide on providing monetary help after it completes a financial viability study."
Murugiah said Barisan Nasional leaders would do what they could to help the residents of the settlement who have to make way for development.

But he said the issue of the land title came under the state government, so it was difficult for the Federal Government to intervene.

The village residents' association committee said the land on which Kampung Lorong Buah Pala in Bukit Gelugor stands is not freehold, as claimed by Chief Minister Lim Guan Eng.

Committee assistant secretary C. Tharmaraj, in rebutting Lim's statement reported by Bernama yesterday, said a search at the state Land Office revealed that the land was held on a leasehold.

"Lim does not even know the status of the land. Is he getting accurate facts from his people?

"If he cannot get such details right, I think he should go back to Malacca and leave Penang to someone more capable," he said at a press conference.

Tharmaraj distributed to pressmen copies of the document which showed the 99-year lease on the land expired in March 2107.

He also alleged that the state government had on Saturday instructed one of the village residents, who was a Parti Kedilan Rakyat member, to read out a statement praising its handling of the issue at a press conference.

"The statement read out to the press was prepared for her. Such action does not help us. Instead, it has made matters worse and confused residents.

"Such false remarks have affected the state government's integrity."

Despite all that, Tharmaraj said the residents still wanted to meet Lim to find a solution to their problem.

He said an official letter seeking an appointment to see Lim would be delivered by hand to his secretary today at Komtar.

"We will also bring two cows to Komtar with us to show him we are serious."

Committee chairman M. Sugumaran said what the residents wanted had been made clear to the state government many times.

"We just want to remain on this land. Compensation is an issue that does not arise."

Kampung Lorong Buah Pala residents have until Aug 3 to vacate the land to make way for development.
**********
A Pig in a Poke

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.

The Star

Monday July 6, 2009

Buah Pala villagers refute Guan Eng’s freehold claim

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.

All quiet: Aerial view of Kampung Buah Pala, which the residents claim sits on leasehold land.

“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.

******

Monday July 6, 2009

DAP under extreme pressure

Comment by BARADAN KUPPUSAMY

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.

High Court refers Mohan Singh's conversion to syariah court

thenutgraph.com

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.

Suhakam to lodge complaint over mistreatment

The Star
Reports by LESTER KONG, YUEN MEIKENG, ZALINAH NOORDIN and DESIREE TRESA GASPER

JOHOR BARU: Suhakam will visit the Taman Sinar Harapan home in Selangor and forward a formal complaint on the mistreatment of the home’s residents to the authorities.

Commissioner Datuk N. Siva Sub- ramaniam said Suhakam would also talk to visitors to the home and get a clearer picture of the situation.

“Everyone deserves to be treated humanely, even those who are mentally unwell,” he said when commenting on the condition of the Taman Sinar Harapan home residents in Kuala Kubu Baru.

He said besides it being demoralising to treat residents like animals, the environment itself was not conducive for the patients who could not speak up for themselves.

Siva Subramaniam said Suhakam, which had received a verbal complaint about the home two days ago, was particularly concerned over the well-being of the children there.

“Feeding them cough syrup to keep them docile is terribly wrong as children should be treated with extra care,” he said, expressing his shock at both the quality of the food served there and the ratio of employees to the number of residents.

Petaling Jaya City Council (MBPJ) councillor Anthony Thanasayan said the mistreatment of the residents reflected on how clueless the centre’s staff members were on the rights of the disabled.

“This case may only be the tip of the iceberg. The Government should thoroughly check both private and public welfare centres whether they provide basic needs such as the right to be treated properly,” he said, adding that untrained welfare workers should not be allowed to care for disabled patients.

Independent Living and Training Centre president Francis Siva called on Social Welfare Department director-general Datuk Meme Zainal Rashid to resign from her position.

“We just want a good quality of life with the basic necessities,” Francis said.

It's BN VS PAS In Manik Urai

KUALA KRAI, July 6 (Bernama) -- The Manik Urai state by-election on July 14 will see a straight fight between Barisan Nasional (BN) candidate Tuan Aziz Tuan Mat and Mohd Fauzi Abdullah of PAS.

Returning Officer Adnan Hussin announced the list of candidates at 11.10am outside the nomination centre at the Dewan Petra, Sekolah Menengah Kebangsaan Sultan Yahya Petra 1, here.

The announcement was greeted by thunderous applause from the sea of BN and PAS supporters.

Tuan Aziz, 39, was the first to file his papers at 9.05am followed by Mohd Fauzi, 50, shortly after.

The nomination process proceeded smoothly despite the presence of thousands of partisan supporters.

Deputy Prime Minister Tan Sri Muhyiddin Yassin earlier led BN supporters in a 2.4km march from the Kuala Krai Umno division office to the nomination centre at about 7.20am.

Pemuda Umno pukul petugas PAS dan DAP di Melaka

By Chegubard,

Ketika pemuda Umno dan Pemuda PAS saling ikhlas untuk berwacana secara ilmiah lain pula halnya di Melaka.

Teman aktivis termasuk Pimpinan DAP Melaka dan PAS Melaka telah dipukul oleh Pemuda Umno di Melaka kerana tindakan mereka membuka meja pendaftaran pengundi baru di sebuah pasar malam di Melaka. Ini bukan kali pertama mereka membuka kaunter pendaftaran pengundi dengan cara begitu. DAP Melaka telah pun membuatnya dua kali, minggu lepas oleh kerana sambutan yang baik PAS Melaka telah menyertai DAP Melaka dalam kempen tersebut.

Mungkin oleh kerana 'sakit mata' melihat sambutan menggalakan dari orang ramai maka Pemuda Umno telah hadir dengan diketuai oleh pimpinan Pemuda Umno Bukit Katil mengarahkan kaunter tersebut ditutup. Apabila petugas DAP dan PAS Melaka enggan takut dengan ugutan mereka kira - kira 40 gangster pemuda Umno itu terus memukul dan memecahkan kerusi meja yang digunakan.

untuk mengetahui lanjut sila klik tajuk di bawah ;
Keganasan memang rapat dengan pemuda Umno, petugas PAS pernah direkodkan mati terbunuh dalam kempen pilihanraya kerana keganasan pemuda Umno pun. Petugas keadilan pernah parah dipukul pemuda Umno ketika Kempen Pilihanraya Kecil Indera Kayangan.

Adakah wajar kita duduk bincang untuk 'berpadu' dengan penganas seperti ini ?

che'GuBard percaya pasti ada tangkapan tetapi mereka pasti dapat layanan istimewa dan dibebaskan cepat.....kalau ada pendakwaan pun kes tersebut pasti dikenakan hukuman minima ....

Contohnya seorang pemuda Umno Sendayan (dalam Rembau) pernah ditangkap kerana menjadi suspek ragut tetapi dilepaskan dan menurut dakwaan dia sendiri bawaha dia dibebaskan hasil campur tangan pepimpin tertinggi pemuda Umno. sila klik sini untuk baca lanjut.

Menyentuh mengenai kenyataan che'GuBard 'istihar boikot aktiviti DPPP' adalah seperti dibawah ;
  • hanya program dibawah Dewan Pemuda PAS Pusat sepanjang bulan Julai (berdasarkan perkembangan semasa)
  • kerjasama bersama untuk program PAS yang lain termasuk dewan muslimat dipertingkatkan.
  • kenyataan dan tindakan ini secara peribadi.
Banyak respon panggilan telefon, sms, email dan komen di blog mengenai kenyataan tersebut. Ada segelintir yang menyatakan sikap tidak bersetuju dengan tindakan tersebut tetapi tidak kurang ramai yang menyokong. Malah ada yang datang dari teman pimpinan PAS akar umbi termasuk pimpinan pemuda PAS bawah.

Harap perbincangan terbuka mengenai ini tidak dilanjutkan nasihat semua berhenti di sini. Tindakan lain harus dibuat berdasarkan saluran dalaman parti.

Menjawab pertemuan tersebut hanya wacana ilmiah.... Wacana Ilmiah memang baik tetapi dari segi kebijakan politik ia harus dipertimbangkan.

Bukankah lebih baik masa yang ada digunakan untuk memperkukuhkan Pemuda Pakatan Rakyat ? Bukankah lebih baik kita memanggil teman DAP, ahli akedemik, ulama dan perbagai pihak lain kita wacana tajuk seperti adakah benar DAP anti Islam dan Melayu...? biar hasil wacana ini menguatkan gagasan politik Pakatan rakyat lagi....

Lim given one-week ultimatum to save village - Malaysiakini

Hindraf leader P Uthayakumar has given the Penang government a week from today to save Kampung Buah Pala and preserve it as an Indian heritage village in Georgetown.

Uthayakumar, who yesterday visited the embattled village which is to be demolished to make way for a luxury condominium project, spelled out three actions that the Pakatan Rakyat government must take.

  • Sign a purchase order to acquire the village land from its current landowner, the Senior Civil Servants Cooperative Society (Koperasi Pegawai-Pegawai Kanan Kerajaan Pulau Pinang).

  • Disclose findings of its ongoing investigation into the alleged land scam involving the village.

  • Reveal the court order on the dissolution of the legally-constituted Brown Housing Trust, which encompasses Kampung Buah Pala.

uthayakumar high chaparral 040709 uthaya speakSpeaking at a gathering in Kampung Buah Pala, the most famous face of Hindraf has given Chief Minister Lim Guan Eng until next Friday to deliver on those demands.

According to Uthayakumar, a government must get a court order to dissolve a housing trust to take over its land.

“If this was done, then all the valid documents should be in the state land office. The chief minister can reveal them to the public,” he told some 200 villagers, Hindraf supporters, social activists as well as PKR and PAS party members.

uthayakumar high chaparral 040709  mujahid rawaPresent were PAS state deputy chief Mujahid Yusof Rawa (right), PKR Balik Pulau MP Yusmadi Yusoff and the villagers' legal representative, Darshan Singh Khaira.

This is the first time Hindraf, PAS and PKR leaders have come together in a show of solidarity with the villagers. However, no top DAP representative could be spotted at the meeting.

Kampung Buah Pala is known among locals as 'Tamil High Chaparral' because of its population of cowherds, cattles, goats and Tamil traditional cultural features.

Gov't took over land 'given' to villagers

According to the village senior citizens, their ancestors were given free ownership of the land by the Brown Estate Housing Trust before the government turned it into a temporary occupation licence (TOL) settlement after Merdeka in 1957.

uthayakumar high chaparral 040709 crowdThey recalled that their parents, mostly illiterate, were hoodwinked into signing documents by government officers on the pretext of providing water and electricity to the village.

According to them, their parents were duped by the government to terminate their land ownership and turn the land into a TOL village.

In 2005, the state land office unilaterally stopped TOL collections from the villagers in a move to alienate the land under state ownership and it was subsequently sold to the senior civil servants cooperative.

penang kampung buah pala condominium project  macc report  090609 05The cooperative has hired Nusmetro Venture (P) Sdn Bhd to build a few blocks condominiums as part of the Oasis project.

Uthayakumar said Lim can invoke Section 76 of the National Land Code and Section 3 of the Land Acquisition Act to acquire the village land for the people.

He said Lim should sign the purchase order before pointing figures at others over the 'High Chaparral' controversy.

“The chief minister should show his commitment to the people by acquiring the land. Then he can fight with Gerakan, Umno or MIC over the issue, and seek federal money to fund the purchase,” he said.

uthayakumar high chaparral 040709 crowdThe Hindraf leader also pointed out that since Lim boasted about his government's accountability and transparency, he should reveal the ongoing probe on the alleged fraud over the sale of the land.

“It should be done before the demolition on Aug 2, not after it,” said the former Internal Security Act detainee, who plans to be at the village with his supporters on the demolition day.

MP to raise issue in Parliament

Meanwhile, Penang PAS deputy commissioner Mujahid said PAS was committed to preserve the country's heritage regardless of ethnic or religious backgrounds.

“Kampung Buah Pala is a national heritage issue. PAS will back the villagers to preserve it,” said the Parit Buntar MP, adding he would ask party leaders to discuss the issue with Lim.

uthayakumar high chaparral 040709 yusmadiPKR state youth leader Yusmadi (right) said he would raise the village issue at the next parliamentary sitting and question the federal government on whether it was prepared to fund the heritage preservation of Kampung Buah Pala.

Uthayakumar has earlier requested both Mujahid and Yusmadi to table an emergency motion to discuss the issue in Dewan Rakyat.

Yusmadi said he would refer Uthayakumar's call to his party leadership.

Reports lodged against Lim, Koh

Meanwhile, seven individuals today lodged police reports against Chief Minister Lim and his predecessor Koh Tsu Koon over the Kampung Buah Pala land deal.

The reports were all lodged at the Dang Wangi district police headquarters in Kuala Lumpur.

Hindraf coordinator K Selvam told Malaysiakini that the reports urged the police to investigate Lim and Koh to see if there were any wrongdoings in the sale of the village land to the developer.

"These are not police reports lodged by Hindraf. We are merely helping the seven members of public to lodge them," said Selvam.

Are Chinese newspapers spreading racist sentiments?

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.

MAS implicated in cargo cartel scandal

Image

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.

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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

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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