Saturday, August 29, 2009

My Hope For This 52nd Merdeka

What Independence?

On this August 31st, we shall celebrate the 52nd anniversary of the British leaving our country. I did not say we are celebrating the 52nd anniversary of our independence. This is because our people have not enjoyed real liberty, democracy or justice. Without liberty, democracy or justice there is no independence.

In these 52 years the oppressive rule of a foreign colonial master has been replaced by the oppressive rule of a local master. They rule with an iron fist. They use the same instruments of oppression as the British did. They use the ISA, the Sedition Act, the Printing Press & Publications Act and detention without trial. The freedom of assembly, the freedom of expression and the freedom to live a life of dignity free from fear and oppression are illusions.

In these 52 years the yoke of a foreign colonial master has been replaced by the yoke of a local master. They use the same policy of “divide and rule”. They survive by feeding off racialism. They survive by fostering divisiveness. They survive by preaching religious intolerance.

What Teoh Beng Hock died for

Malaysians will not know real independence, will not be free and will not enjoy democracy unless this oppressive regime is thrown out. They must be thrown out just like Teoh Beng Hock was thrown out from the 14th floor of the MACC office. We must not forget Teoh Beng Hock. We must not forget what he stood for. More importantly, we must not forget what he died for. He lived to help Malaysians in the struggle against corruption and oppression. He died so that our struggle can live. He died fighting for justice.

What Justice?

Without justice we cannot say we have liberty or democracy or equal rights. We cannot say we have liberty or freedom when Tamil schools have no tables and chairs. When in Sabah and Sarawak, schools have no electricity. A child that is illiterate is not free. We cannot say we have democracy or equal rights for women, when a Chinese girl with 9A1s cannot enter a university. A girl without a job has no rights. We cannot say we have freedom of choice when a man cannot feed his family. A starving man has no choice.

Liberty, democracy and freedom are meaningless words when there is no justice. Justice is political liberty. Justice is economic independence. Justice is equality. There is no political liberty when you vote out of fear. There is no economic independence when you give your support out of fear your son’s scholarship will be withdrawn or your license will be withdrawn. There is no freedom of choice when you elect a party out of fear for your contract or your business. This is what has been happening in these 52 years and this will continue if we do not act. There will be many more Teoh Beng Hocks and many more Port Klang Free Zones if we do not stop them.

What One Malaysia?

Najib says he wants One Malaysia. Teoh Beng Hock’s death has shocked us back to reality. We cannot just listen to rhetoric. We must look at the deeds. When we look, we see what has been done, is a far cry from what has been said. The Perak government has been stolen from its people. Najib has now declared his intention to grab the Selangor government.

The MACC is a tool. It is used to de-stabilize the Pakatan Rakyat government. Teoh Beng Hock was interrogated throughout the night. He was grilled for buying RM2,400 worth of Malaysian flags. No one has been grilled when PKFZ loss RM12.6 billion. The MACC officers are raiding the Pakatan Exco members’ office so often they are becoming fixtures. Cars and cows and Malaysian flags have become a fixation of the MACC. MACC has not shown the same enthusiasm when it comes to BN assemblymen who used up their annual allocation of RM500,000 in 2 months before the general elections. The MACC has also not shown any interest in the trips by the former chief minister and his family to study the river system in Disney Land. There is no investigation into how the former chief minister can afford to purchase a multi-million ringgit mansion that is beyond the means of a chief minister’s salary.

Barisan Nasional machinery is now on the move. Books attacking Anwar Ibrahim and Khalid Ibrahim are being distributed. The authors of these books are sowing the seeds of hatred and contempt. They desecrate the Hindu’s sacred cow in a protest filled with bigotry. They protest against a Hindu temple built 150 years ago when the area was a plantation that today, just like its devotees, the estate workers, had been left behind by development. They have forgotten Muslims were invited to practice their religion amongst the people of Yathrib. They are beating the drums of race and religion and the tone is becoming harsher with each beat.

The people must now decide. There cannot be any fence sitters. There is no middle ground.

When Teoh Beng Hock was thrown out, the people of Malaysia was thrown together with him into the sea of political troubles. Whether Malaysia will sink or swim is now up to the people. The people must decide once and for all what is right and what is wrong. There cannot be a neutral ground.

Dante said:

“ The hottest place in Hell is reserved for those who remain neutral in times of moral crisis.”

Today in Malaysia there is no place for neutrality. Malaysians must make their choice now.

If we want to know what is evil and what is right, we must use our moral compass. It is only when we know the direction where justice lies can we know where we must stand. Do we want to choose liberty and justice which are always right or do we want to choose corruption, hatred, arrogance and oppression which are always wrong? The choice is clear. Every Malaysian must make his stand.

When you stand for liberty we stand with you.

I want to tell you that when you stand for liberty, we will stand with you. When you defend democracy, we will be your shield. When you fight for justice, we will be your sword. We will always be with you.

They assaulted Anwar Ibrahim. They threw him in jail for 6 long years. They call him a traitor and worse. But Anwar will always be here to fight for you.

They hounded and harassed Lim Kit Siang. They detained him in Kamunting. But Lim Kit Siang will always be here to stand by you.

They attacked Tok Guru Nik Aziz and try to humiliate him. But Tok Guru Nik Aziz will always be here to protect you.

We have been tested. They have thrown everything they have at us but we are still standing and we are still here.

We were here in November 2007 when a sea of yellow marched for a free and fair election. This was BERSIH. We were here in December when thousands in orange marched for equality. This was Makal Sakthi. This was the ripple that started the tsunami. Barisan Nasional was swept out of 5 states. Since then Barisan Nasional has become more extreme in their policies. They have become more brutal with the people.

When we Hope

So on 1st August, the lovers of justice and liberty marched again. Again Barisan Nasional responded with violence and brutality. 638 people including women and children were arrested. Despite the police shutting down the city, despite the many road blocks and barricades, despite the arrest of those wearing black, the number who succeeded in gathering far exceeded my expectations. But the size of the gathering cannot be bigger than my hope for Malaysia. My hope is for every one that braved the tear gas and water cannons there will be many thousands more. We want hundreds of thousands to march with us. We will march from under the shadow of fear into the light of justice. My hope is that the flame burning in each who gathered that day will kindle the hearts and minds of many thousands more. Malaysians will find the courage to stand up for principles and convictions. We must stand up for what is right.

This is my hope and this is the hope of all Malaysians. Truth, love and justice will prevail over the forces of hate and oppression. This will only happen when the silent majority refuses to remain silent anymore. This will only happen when the voice of the majority is finally heard. We must be confident that oppression and corruption cannot endure. We must take comfort that truth and justice will always prevail. But this can only be achieved if we fight for it. We must fight today for a better tomorrow.

Looking Back in the Future

Do not let our children look back and say that these are dark days. Let them say that these are great days. These are the most glorious days that our country ever had. These days will be remembered as the days when we were called, we answered. We stood up. We stood together shoulder to shoulder irrespective of race or religion. We fought and we prevailed. Each of us played our part according to our strengths. Our children and their children will look back on these days and celebrate it as the days we became ONE NATION. These days will be etched in our Nation’s history as the days we won over injustice and oppression. These will be the days we celebrate THE TRUE MERDEKA.

Thank you, Xie xie , vanakam.


29th August 2009.

William Leong Jee Keen

Member of Parliament Selayang

Thursday, August 6, 2009

Storm In A Beer Cup And The Need For A Malaysian Renaissance

Poisoned Minds

Racism and religious intolerance have been fed into the blood stream of Malaysians for so long that all of us are so poisoned in our thinking that even those acting with the best of intentions find it difficult to see the woods from the trees; between law enforcement and law making, between legislative policies and social or religious concerns.

The recent comments by the Selangor State Executive Council member Hassan Ali of his fellow Pakatan Rakyat Executive Council member, Ronnie Liu on Shah Alam Municipal Council enforcement personnel seizing and confiscating beer sold by a convenience store is a case in point. Hassan Ali said that PAS Selangor supported banning the sale of alcoholic drinks in convenience stores in Muslim areas especially Shah Alam. He also said PAS would come out with its draft by-laws governing alcohol sales in the State.

The statements show the urgent need for us Malaysians to be aware of this sub-conscious racial discrimination and religious intolerance poison in Malaysians and the dire need for Malaysians to cleanse and detoxify ourselves so as to stop looking at every issue from the perspective of race and religion, imagined or otherwise. There is a need for a Malaysian renaissance of our views, our values and our mindset.

Law Making and Law Enforcement

There are clear laws relating to the manufacture, distribution and selling of beer and liquor. There are also like smoking cigarettes valid social concerns. There are no doubt also religious concerns because all religions teach us to respect our own bodies and take care of our health. However, not all laws and not all concerns are due to race or religion.

The laws governing the powers of the Local Government Agencies are clear. There is no law prohibiting the sale of beer by convenience stores. There are laws governing the sale of alcohol and liquor but the sale of beer is not included as the alcoholic content of beer is lower than the prescribed limit of alcohol.

The enforcement unit of the Shah Alam Municipal Council is not empowered to make laws and regulations. They only have the power to enforce the existing laws and regulations. There is no law prohibiting the convenience stores from selling beer. There are however, Syariah law governing Muslims from consuming alcohol. However, the enforcement officers of Local Councils do not have jurisdiction to enforce Syariah law and certainly not against non-Muslims. Therefore, the Shah Alam Municipal Council was wrong to confiscate the beer from the convenience stores.

Legislative Policies and Social Religious Concerns

Hassan Ali in saying that PAS supported the banning of alcoholic drinks in convenience stores in Muslim majority areas ought to have also mentioned that he has been elected not only to represent Muslims but also all Malaysians irrespective of race and religions. There are many other quarters, Christians, Buddhist, Hindus and social organizations that are concern about the ill effects of beer drinking and he should have sought their views and give voice to their concerns. It would be surprising if they are not concerned about alcohol abuse. Hassan Ali ought to have articulated their concerns also.

However, there is a difference between concerns and laws. For concerns to be turned into law, the laws should be amended before enforcement agencies act to prohibit convenience stores from selling beer. Whether alcohol should be banned should be debated by all Malaysians, by those who drink and those who do not and those who do not drink but will defend the right of those who wish to drink. In doing so, we should not reinvent the wheel because Selangor is not the first and certainly not going to be the last society in having to deal with alcohol. We can look and learn from history of other societies and countries.

Prohibition

The first half of the 20th century saw periods of prohibition of alcoholic beverages in several countries:

* 1900 to 1948 in Prince Edward Island and for shorter periods in Canada
* 1914 to 1925 in Russia and Soviet Union
* 1915 to 1922 in Iceland (though beer was still prohibited until 1989)
* 1916 to 1927 in Norway (fortified wine and beer also prohibited from 1917 to 1923)
* 1919 in Hungary
* 1919 to 1932 in Finland
* 1920 to 1933 in United States of America

In the United States the manufacture, sale and transportation of liquor was made illegal on 16 January 1920 pursuant to the 18th Amendment to the US Constitution and clarified by the Volstead Act that stated beer, wine or other intoxicating malt or vinous liquor meant any beverage that was more than 0.5% alcohol. The Act stated that owning any item designed to manufacture alcohol was illegal and it set specific fines and jail sentences for violating Prohibition. Prohibition was meant to reduce the consumption of alcohol to curb crime and corruption, solve social problems, poverty and improve the economy.

The Prohibition was ineffective. It caused an explosive growth in crime and increased the amount of alcohol consumption. Drinking went underground and illegal “speak-easies” mushroomed all over the country. Bootleggers smuggled liquor from overseas, stole it from government warehouses and produced their own. The illegal liquor business fell into the control of organized crime. Al Capone is perhaps the most infamous Bootlegger during the period known as the Roaring 1920s.

Instead of reducing crime, Prohibition saw the crime rate skyrocketing with a nearly 78% increase. It saw serious crimes such as homicides, assault and battery increased by 13 %. There were gruesome shoot-outs as gangs fought for control over the profitable illegal business. The number of Federal convicts increased 561%. Consumption of liquor instead of reducing increased. Seldom had a law been more flagrantly violated. Not only did Americans continue to manufacture, barter and possess alcohol, they drank more of it.

Prohibition was a dismal failure and it was repealed on 5 December 1933 by the 21st Amendment to the US Constitution repealing the 18th Amendment. It was the first and only time in US history that an Amendment has been repealed.

These countries that have experimented with Prohibition have now come to realize that not all social concerns and society’s ills can be solved by making them illegal. With alcohol abuse, it is through education and voluntary temperance that these societies learnt to be more effective measures to counter alcohol abuse than by making the consumption of alcohol illegal.

The Religious Looking Glasses

It is unfortunate that Hassan Ali looked at the problem solely through a pair of Muslim’s spectacles. The problem is wider than that and the evils of alcohol abuse affect all races, followers of all the various faiths, and even the atheists and agnostics. His statement has caused a perception that has turned the problem from a social concern to a struggle between Muslims and non-Muslims. It has raised the mistaken belief by non-Muslims that Islam does not tolerate the existence of other religions. Based on what I know of Islam, this is not true. Allah decreed in the Quran, Surah 2 verse 256:

“Let there be no compulsion in religion;

Truth stands out clear from Error;

Whoever rejects Evil and believes in Allah;

Hath grasped the most trustworthy handhold, that never breaks.

And Allah heareth and knoweth all things.”

According to the notes to this verse, compulsion is incompatible with religion because (1) religion depends upon faith and will, and this would be meaningless if induced by force, (2) Truth and Error have been so clearly shown by the mercy of Allah that there should be no doubts in the minds of any person of goodwill as to the fundamentals of faith, (3) Allah’s protection is continuous and His Plan is always to lead us from the depths of darkness into the clearest light.

There are many examples during the lifetime of the Prophet that shows the tolerance of Islam for other religions. Islam recognizes that there is a plurality of religions on this earth and give the right to individuals to choose the path which they believe to be true. Religion is not to be and was never forced upon any individual against his own will and there are many examples of this in the life of the Prophet and in the verses of the Quran.

Under the present oppressive and repressive rule of UMNO, it is important to understand that Malaysians have to resist oppression and repression. It has always been the central approach of Islam to resist all forms of oppression. It is this approach that is the foundation of Islamic religious tolerance. To succeed in this struggle against oppression, mere tolerance by Muslims of other religions is not enough; Muslims must unite with people of all religions and work towards the common goal of justice, mutual respect, equal treatment and robust pluralism.

Malaysian Renaissance

After 52 years of the myth of racial inferiority of the Malays as leverage for special privileges which in actual fact are enjoyed by a selected few, the Malays, instead of enjoying God’s gift of a life to be lived with dignity, are trapped in the bondage of a dependency on UMNO chained by subsidies, loans, scholarships and handouts. Those brave enough to dissent and dare to be independent of UMNO are punished by having these forcibly taken away. We, Malaysians of all races must standup to liberate our fellow brothers from this bondage. To do so we need to maximize the common features of our different racial descent and to use the strengths of our diversity to forge a stronger bond.

In doing so, it is imperative that we Malaysians accept that the Islamic concept of Man and the concept of Man founded on the religions and traditions of Confucianism, Buddhism, Hinduism, Christianity and the major religions practiced in this country share the basic fundamental ideas of the virtues and morality of mankind. It is time to have a Malaysian renaissance where the growth, development and flowering of our Malaysian society is to be based on the common vision of the perfection for Mankind, imbued with truth and the love of learning, justice and compensation, mutual respect and forbearance and freedom with responsibility. There is a need for the renewal of our faith and the assertion of our multiculturality as a Malaysian phenomenon not to be hidden away in shame but to be shown off to the rest of the world in pride.

It is prayed that all Malaysians and in particular our Pakatan Rakyat state executive members will heed the call for a renewal of our values and to steel ourselves with the conviction that only a Malaysian renaissance will set us free.

6 August 2009

William Leong Jee Keen
Ahli Parlimen Selayang

Saturday, August 1, 2009

上诉庭批准万挠村民司法审核 裁决国能无权征地建高压电塔

http://www.malaysiakini.com/news/96903

雪州万挠新村村民上诉成功!上诉庭今日裁决,国能公司无权援引《1990年电供法令》第13条款,征用新村土地来兴建高压电缆塔。

上诉庭三司是在今午2点半左右,宣布这项万挠新村居民引颈长盼的裁决。聆审的法官是苏丽雅蒂(Suriyati bin Halim Omar)、再侬阿里(Zainun bt Ali)和阿末马洛(Ahmad bin Ma’arop)。

身为村民代表律师的万挠国会议员梁自坚,接受《当今大马》询问时表示,随着上诉庭推翻高庭的裁决,国能已经不能进入新村兴建高压电缆塔。

无权援引电供法令13条款

上诉庭今日宣判,国能没有权力援引《1990年电供法令》(Electricity Supply Act 1990)第13条款,在万挠新村兴建高压电缆塔。

村民是在2007年7月,通过人民公正党全国总财政梁自坚入禀吉隆坡高庭,针对国能援引《1990年电供法令》要求村民搬迁的行动申请司法审核,同时也申请法庭禁令阻止国能在该村展开电缆塔兴建工程。

接着,高庭于2007年12月7日撤销雪州万挠新村村民,阻止国能兴建高压电缆塔的申请。不过,高庭法官同意颁布临时展缓庭令,阻止国能动工,以便辩方向上诉庭提出上诉。

梁自坚:不要典当万绕村民的健康,坚持高压电缆绕道

士拉央区国会议员梁自坚律师针对拿督斯里仄卡立所说的因成本费用高的理由拒绝雪州政府的提议,表示不满。

“首相和能源部部长不要只光喊口号,应该以实际行动来达成2009年财政预算案的主题,“关怀的政府”(Caring Government)。”

也是人民公正党总财政的他表示,国能总执行长拿督斯里仄卡立拒绝雪州政府的2项建议,并坚持在人口密度高的万绕新村兴建高压电缆,是边缘化人民利益的一种不合理的行动,这也不符合国阵政府所推行的“关怀的政府”。

“在西班牙、瑞典和其他欧美国家的政府已经禁止兴建高压电缆工程在临近的住宅区、学校、医院、托儿所和公共花园。”

他指出,欧美国家政府推行“谨慎避免”(prudent avoidance)的政策,是避免人民长期暴露在高压电缆所发出的电磁场辐射而导致患上癌症、儿童白血病、老人痴呆症和不育症。

“这些国家政府充分表现他们爱惜和关心人民的行动”

他促国能公司能够尽快行使其企业的社会责任,不要把公众的健康当着儿戏。

“我再次呼吁首相和能源、水务及通讯部部长表现国阵政府关怀人民利益的行动,把人民的健康放在首位。” (完)


The Chief Executive Officer of TNB, Datuk Seri Che Khalib Mohamad Noh is reported in the Star today that TNB rejects the options provided by the Pakatan State Government of Selangor to use the alternative route or to use underground cables and insists on going through the densely populated Kampung Sungai Terentang New Village in Rawang for the CAR Project because of the costs.

It is clear that the Pakatan State Government is not the party that is delaying the CAR Project nor the villagers. It is TNB that has rejected the options and have put profits before people. We call on the Prime Minister and the Minister of Energy Water and Communications to put into practice their slogan that the Barisan Nasional Government is a “caring government”.

In countries such as Spain, Sweden and other European countries, the Governments there have prohibited the construction of power lines near residential areas, schools, hospitals, day care centres and public gardens. This is because those Governments show that they care for their people by putting into practice the policy of “prudent avoidance” and not expose the public to the risk of cancer, childhood leukaemia, Alzheimer’s disease and infertility to the prolong and chronic exposure to the electromagnetic field radiations (EMF) emitted by high voltage power lines.

TNB is urged to exercise their corporate social responsibility not to expose the public to the health hazard and the Prime Minister and the Minister of Energy, Water and Communications are urged to show that the Barisan Nasional Government puts the people before profits.

5 December 2008

William Leong Jee Keen

Member of Parliament Selayang


万挠村民轰国能恐吓大停电卸责 雪政府顾问团证明绕道方案可行

当今大马 http://www.malaysiakini.com/news/94391

rawang new village high tension tower pc 051208 02

随着国能昨日再度警告万挠新村的高压电缆若继续拖延,中马可能发生大停电,万挠新村“争取高压电缆绕道、反对逼迁工委会”今日作出反击,要求国能将人民利益置于盈利之上,选择成本虽然较高,但是却保障村民家园与健康的绕道路线。

至于国能不断重复的技术问题,雪州政府所委任的顾问团也已经完成报告,证明绕道与地下电缆都可行,因此州政府将致函国能邀请派出专家,当面比较与商讨双方的技术报告,共同解决问题。

工委会今早偕同人民公正党万挠州议员颜贝倪,以及士拉央国会议员梁自坚在万挠新村召开记者会,逐一反驳由国能、前雪州大臣莫哈末基尔和马华前行政议员邓诗汉的论点,并坚持国能应采用绕道路线,避免征用万挠新村地段。

促国能公布7千万工程详情

rawang new village high tension tower pc 051208 gan pei nei颜贝倪(右图左)表示,雪州政府已经征用绕道路线的地段,并在宪报上公布,国能可以马上展开绕道工程。

这名27岁的新晋州议员认为,国能身为一家负责公共设施的私人机构,应该把人民放在盈利之前,而不是为了省钱而牺牲村民的权益。

她也要求国能公布7000万的工程成本详情,包括为何成本如此之高,以及工程交由哪一家承包商负责。

“国能的盈利是人民缴付的电费,因此人民有权利知道,我们要求国能透明化。”

国能称绕道路线多花5千万

rawang high tension tower protest 230807 student1国能昨日警告,旨在提升中马电力供应的“中区电供强化计划”(CAR)只要一天无法完成,巴生谷地区随时都会发生大停电。这项耗资4亿令吉的计划目前已完成98%,只剩下1公里的电缆路线因受阻而未完工。

虽然国能没有点名万挠新村的高压电缆风波,但是这1公里指的就是位于万挠新村的地段。国能曾指出,村民与雪州民联政府所建议的绕道路线和地下电缆在技术上不可行,而且建造成本分别高达7000万与6900万令吉,反观贯穿新村的原定路线只需1220万令吉。

rawang new village high tension tower pc 051208 lin chen chang工委会副主席林成昌(右图)就质疑,国能称整个“中区电供强化计划”的电缆路线长达60公里,耗资4亿令吉,而绕道路线只是多出1.5公里,为何成本却如此之高。

轰国能津贴发电厂不顾百姓

梁自坚在这场约有30名村民出席的记者会兼汇报会上直接质问,“国能是要钱还是人民?”

同样是首次中选议员的梁自坚指出,雪州民联政府的决定,就是欧洲许多先进国如瑞典、西班牙与英国的政策,即禁止高压电缆建造在靠近民宅、学校与医院,以人民的健康福利作为出发点。

“现在的课题已经不是技术或没有土地,但却是因为钱,这就是为什么我们担心公共服务一旦私营化后,私人公司只顾及盈利。”

“国能可以每年为独立发电厂承担数亿的津贴,但是若对象改为平民百姓,他们却连数千万都不愿承担。”

国能的2007年财政报告显示,该机构的税后盈利超过40亿令吉。

rawang new village high tension tower pc 051208 william leong梁自坚(左图)表示,“首相和能讯部长不要只光喊口号,应该以实际行动来达成2009年财政预算案的主题,‘关怀政府’(Caring Government)”。

若 按照国能的原定路线兴建高压电缆,其中51户家庭就被迫搬迁。村民也担心高压电缆的辐射将危害该区的唯一华小—三育华小的师生,以及新村居民,因为高压电 缆将贯穿新村,其中一个高压电缆塔也已耸立在三育华小不及20公尺之处,目前只差尚未装上电缆。预料受影响的民众高达6000人。

国能频频改变不绕道的藉口

此外,颜贝倪认为国能的言论不仅是企图以恐吓的方式来推卸责任,更是为本身铺路,预先为以后可能发生的电供问题寻找借口。

她也不满国能从2005年开始不断改变立场,以各种理由拒绝绕道路线,从土地、技术一直到现在的费用问题。

雪政府顾问团指两方案可行

对于国能言之凿凿的技术问题,颜贝倪向《当今大马》表示,国能至今不曾详细透露其内容,而州政府早前所委任的顾问团已经完成报道,认为绕道路线与地下电缆皆可行。因此州政府将致函国能,邀请对方派出专家到绕道现场与顾问团一起比较与讨论双方的技术报告,寻找解决方案。

颜贝倪认为,村民并非如前雪州大臣莫哈末基尔所说般,为了照顾一小撮人的利益而牺牲国家利益,因为绕道路线能够兼顾双方权益,目前只是须要国能与中央政府一起坐下来寻找解决方案。

她呼吁全国人民与各组织一起向国能施压,要求对方尽快展开绕道计划。

万挠高压电绕道只欠东风 代议士抨击国能盈利先行

独立新闻在线 http://www.merdekareview.com/news.php?n=8281

国家能源公司(国能)此前提出技术和土地理由拒绝绕道兴建高压电,可是在人民联盟雪兰莪州政府同意拨地之后,又以绕道费用高昂为由推托,士拉央区国会议员梁自坚及万挠区州议员颜贝倪直指,国能百般推托、拒绝绕道,莫非出于盈利考量,没有把当地居民的健康放在首位。

“争取高压电缆绕道、反对逼迁工委会”与梁自坚和颜贝倪今早在万挠新村一家茶餐室召开汇报会,驳斥前万挠区州议员及行政议员邓诗汉的言论,以及回应国能昨天向媒体发表的言论。这个汇报会吸引约50名村民出席聆听。

颜贝倪告诉村民,雪州政府已在宪报上颁布绕道土地作为兴建高压电缆用途,只要国能同意绕道兴建高压电缆,事情肯定就能顺利解决。梁自坚也说:“雪州政府已经颁布宪报,如果国能同意,可以立刻进行!”

颜贝倪表示,此前前雪州州务大臣基尔多益(Mohd Khir Toyo)指摘州政府拖延处理万挠高压电事件,乃子虚乌有的指控。除了拨地供国能绕道兴建高压电缆,雪州政府还成立一个技术顾问团研究绕道的技术问题,尽管这原非雪州政府的份内事。

梁自坚希望马来西亚人民认清雪州政府并没有拖延处理万挠高压电事件,反之是国能在拖延。

非议国能归咎村民

国 能行政总裁仄卡立(Che Khalib Mohamad Noh)及副总裁(输送)阿都拉沙叻(Abdullah Salak)昨天在国能主办的“中区加强电供计划”(CAR Project)汇报会上说,原订2007年8月竣工、耗资马币3亿2400万元的“中区加强电供计划”已完成98%,只剩下短短一公里的电缆工程因万挠 部分村民反对而搁置。

根据《东方日报》报道,仄卡立指出,如果日后再度发生大停电事件,就不完全是国能的责任。《南洋商报》也引述他说,现有的三条电流输送路线中,其中一条曾于今年2月4日上午九时停止操作,幸而当时并非电源高峰期,另两条输送线尚能应付。

他也表示,我国全国的电流需求顶点是1万4007兆瓦,单单巴生谷(中区)250万人的电流需求量顶点就达6500兆瓦,占总电流的45%。2005年1月13日的半岛大停电事件中,共有300万名消费人受影响。

颜贝倪认为这番话具有恐吓意味,国能总裁的“大停电”论无异于把责任推向反对逼迁的村民这边,以致巴生谷一带居民误以为村民固执,而导致巴生谷居民承担停电的风险,一旦真的发生大停电,外界就把矛头都指向万挠村民。

她也表示,国能怪责村民拖延建设电缆工程,可是早在工程刚开始动工的2005年,村民就已开始反对这项计划,如果当时国能同意绕道,工程现在早已完成了。

抨击国能盈利至上

早前雪兰莪州务大臣卡立依布拉欣(Khalid Ibrahim)指出,雪州政府建议国能采纳村民的建议,绕道兴建电缆,或效仿澳洲和丹麦等先进国,在新村铺设地下电缆,以免影响新村居民的健康。可是昨日仄卡立亲口否决了上述两项建议。

根据《东方日报》报道,他指出,无论是绕道路线或铺设地下电缆,皆涉及繁复的技术性问题,且令成本预算增加超过100%,即超过亿万元,而日后进行维修时也会影响居民。

梁自坚和颜贝倪今天指责国能只注重盈利,漠视居民的健康。梁自坚出示总部设在加拿大的环境法律研究中心(Environmental Law Centre)的研究报告,证明早有研究证明高压电缆可致癌。

梁自坚(右图)指出,先进国早已意识到高压电缆对人体的危害,因而制定了条例限制高压电缆的兴建,其中瑞典在1992年就已规定禁止高压电缆路经学校、幼儿院、医院等公共场所,而西班牙马德里市政府也制定规则,禁止在住宅区、学校、公园等地兴建高压电缆。

梁自坚表示,国能并非因技术问题而拒绝绕道兴建高压电缆,而是因为绕道必然增加成本而拒绝这么做,追根究底这是把基本服务私营化而衍生的问题。他说:“营利公司只注重盈利,而非人民的利益,为了多赚几百万元,它们愿意牺牲村民、儿童,也无视于这将导致妇女不育。”

梁自坚说:“既然国阵自诩是关心人民的政府,就做给我们看!”

颜贝倪也表示,国能在牟取盈利的同时,也该兼顾社会责任,以人民利益为先,而非以公司盈利为先。

没转而牺牲马来居民

早前雪州在野党领袖基尔多益抨击雪州民联政府同意绕道,等于牺牲绕道地点两个马来甘榜——九头山(Kg Sg Samad)和敦霹雳(Kg Tun Perak)居民的利益。颜贝倪(右图)非议基尔多益把高压电事件炒作成种族课题。

颜贝倪表示,虽然九头山的马来名听起来像是一个马来村落,可是它实则是个只有四户人家的农业地,而州政府已然澄清电缆将绕过这四个住家;敦霹雳村则是个混合花园住宅区,村民建议的绕道地点与花园区保持着安全距离。

她强调,高压电事件并非一项种族议题,而是一个民生问题。

她和“争取高压电缆绕道、反对逼迁工委会”副主席林成昌也驳斥国能指目前只有20户家庭拒绝搬迁的说法。林成昌指出,51户被令逼迁的村民已然表决通过,坚持绕道、不谈赔偿。

他以斗争八年终见曙光的“救救白小”运动鼓励在座的居民,只要坚持立场,斗争下去未尝没有希望。他也说:“民联州政府坚定立场站在我们这边,如果我们在这个时候放弃,就不可思议了。”

另一方面,前雪州行政议员兼万挠区州议员邓诗汉卸任以后,频频亮相媒体批评民联雪州政府和当地国州议员,争取高压电缆绕道的万挠村民驳斥他无中生有,要他莫再帮倒忙。

工委会主席吴亚九表示,村民已被邓诗汉(左图)骗了20多年,邓诗汉在高压电事件上一会儿说国能答应赔偿50万元予每户家庭,一会儿又说赔偿并非他的权限,他怀疑邓诗汉是否已患老人痴呆症。

林成昌也批评邓诗汉“胡言乱语,迷惑人心”、“小事了了,大事做不了”,要他莫越帮越忙。

颜贝倪向邓诗汉放话:“如果他真有诚意解决问题,就不该在报章上放话,而该跟基尔说,别再把课题种族化。”

梁自坚促撤销总检察长最终提控权

http://www.malaysiakini.com/news/94944

(吉隆坡15日讯)士拉央区国会议员梁自坚律师表示,权力集中是贪污的泉源,唯有撤销总检察长最终的提控权,大马反贪污委员会才能有效打击贪污。

他表示,大马反贪污委员会必须被赋予调查、扣押和提控的权力,而不是交由总检察长作出最后的提控。

反贪污局目前明显无法有效地发挥反

贪功能,如果不能确保大马反贪污委员会的独立,这将会和现有的反贪污局一样,无法有效肃贪,因此大马反贪污委员会法案不过是换汤不还药。

粱自坚昨晚参与大马反贪污委员会法案辩论时说,如果反贪污委员会总监经由首相推荐、向内阁部长报告或该委员会的财政资源是来自内阁部门,大马反贪污委员会必将丧失其独立性。

遴选反贪污委员会总监的过程应该让人民参与,被推荐的人选应该经过国会的挑选后,再由国家元首委任,反贪污委员会也应该向国会负责任,而非仅仅内阁或首相。

针对大马反贪污委员会的财政资源,也是人民公正党总财政的粱自坚透露,大马反贪污委员会法案里并没有任何条文,制定该委员会拥有独立的财政资源。

一个真正拥有独立性的反贪污委员会,应该从国会得到财政资源,而非附属于任何一个内阁政府部门,以免被政治因素操纵。

他强调,贪污像是癌症细胞一样,任癌症细胞发展蔓延到全身将破坏一切直到死亡。

所以我们希望大马反贪污委员会,在独立和自主的前提下,能真正发挥反贪作用。(完)

Malaysian AntiI-Corruption Commission Bill 2008

Tan Sri Speaker,

I thank the Honourable Tan Sri Speaker for the opportunity to participate in the debate on the Malaysian Anti-Corruption Commission Bill 2008.

Commission Overdue

An independent commission to fight corruption is long overdue. I congratulate the Honourable Prime Minister for your courage and conviction to table this Bill.

Corruption

Corruption destroys the soul of a nation. Corruption is like cancer, when left unchecked it spreads through the rest of the body killing everything. Corruption undermines good governance. It distorts public policy. It causes misuse of a nation’s limited resources. In the end it is the poor and those from the low income group that suffers most as they have to pay for the losses caused by corruption. People pay for the corruption with their lives. It is not an accident that killed the innocent passengers who board not roadworthy buses. It is corruption. It is not a natural disaster that killed innocent residents when houses and condominiums are buried by landslide on hill slopes should not be allowed for development.

Independence of the Commission

Section 5(1) provides that the Chief Commissioner shall be appointed by the Yang di-Pertuan Agong acting on the advice of the Prime Minister.

The definition in clause 3 provides that the “Minister” refers to the minister responsible for the Commission.

There are no provisions for the provision of independent financial resources for the Commission.

The most important difference between this Bill and previous legislation on anti-corruption is supposed to be the independence of the commission. However, the Chief Commissioner cannot be independent if his appointment is dependent on the Prime Minister. He cannot be independent if he has to report to a Minister. He cannot be independent if he is dependent on the Minister for his financial needs. If these weaknesses in this Bill are not remedied then this Malaysian Anti-Corruption Commission Bill is doomed to failure as its predecessor.

To be an independent Commission, the Commission must be truly independent and must be free from the danger of political interference. It must not be accountable to any political entity and it must have a proper allocation of its financial resources from the parliament.

The present Anti-Corruption Agency (“BPR”) is perceived by the public to be ineffective because of political interference. It is perceived by the public to be used to give a clean bill of health to politicians who are involved in scandals and questionable issues. If the ability of political interference is not completely removed then this Bill will be nothing more than just another white wash.

Selection of Chief Commissioner

In order to have an independent commission it is necessary for the public to be involved in the selection of the Chief Commissioner. Inviting nominations from the public after stating criteria of the qualities required for such a commissioner will allow the public to be involved in the selection process. The nominations should then be presented to Parliament that will peruse and shortlist the nominees they have found suitable for the appointment by the Yang di-Pertuan Agong.

Independent Financial Resources

For this Commission to succeed it must have adequate financial resources provided by Parliament. It must have its own budget allocation to be approved by the Parliament and not to be part of a Ministry so that the issue of independence and control will not arise.

Powers of Investigation and Prosecution

The Bill provides for the Public Prosecutor to authorize various aspects of investigation such as the seizure of records and obtaining restraining orders and prosecution.

The Commission must have powers of investigation, seizure and prosecution and not rely on the Attorney General. It is imperative for the Commission to have its own powers to investigate and prosecute thereby taking away the responsibility of corruption from the police and the AG. The fact that the Commission must be created to be autonomous is an important and critical formula to ensure its success.

Reporting

The requirement for the Commission to report to a Minister is one of the areas of concern that weakens the independence of the Commission.

The Commission should be appointed through the Parliament. It should be reporting to the Public Accounts Committee. Parliament is a representative body of the people’s interest. It is better for the Commission to report to such a body than to any specific individual. There have been many complaints involving senior government officials that have not been investigated. The complaints and reports made to the BPR against VK Lingam and the Judges mentioned in the report by the Royal Commission on the Appointment of Judges or better known as the VK Lingam Commission is an example. The Commission cannot be expected to be able to investigate and to charge the Prime Minister or the Minister that the Commission reports to if there is a complaint to the Commission against the Prime Minister or the Minister concerned.

Hong Kong ICAC

The main emphasis of the Hong Kong Independent Commission Against Corruption (“ICAC”) is prevention and public participation. This Commission recognized the need to involve the public in the fight against corruption and it was determined that the best possible way to win the public in the fight against corruption was to prosecute and punish high level perpetrators. “Big and corrupt actors must be named and punished so that a cynical citizenry believes that an anti-corruption drive is more than just words”.

Corruption in Malaysia has reached systemic proportions. The usual law enforcement approaches have proven to be incapable and insufficient to combat corruption. The public


cannot be faulted for taking a cynical view of the political will to combat corruption when the investigatory arm is regarded as corrupt. It is more important to focus on the corrupt systems than on corrupt individuals. Corrupt individuals can be charged and punished but a corrupt system will breed new corrupt individuals if not changed. It is necessary to concentrate on the systems that enable one to participate in corrupt activities. These systems include situations where the checks and balances have been removed where the separation of powers have become illusory and the powers of the executive, the legislature and the judiciary have come to concentrate on one individual or one group of a selected few.

It is the monopoly of power that allows corruption to thrive. This is why it is important that this monopoly of power be removed to allow this Commission to succeed.

Thank you.

15 December 2008

William Leong Jee Keen

Member of Parliament

Selayang


梁自坚:修改宪法第122B章,恢复司法公信力

20080205-138.JPG士拉央区国会议员梁自坚律师表示,宪法第122B章规定首相的权力应该进行修改,以致达到三权分立的基本原则,恢复司法公信力。

他指出司法委员会法案的第28条,首相可以不接受司法委员会所推荐的法官,并且通过宪法第122B章规定,首相有特权选择委任法官。

“司法、立法和行政的三权分立基本原则是三权互相制衡的制度。”

他表示,根据司法委员会法案,首相可以委任4非行政机关和公共领域成员担任委员、决定司法委员会成员的津贴和不需出示理由的情况下开除司法委员会的成员。

“这是一个非常不透明化的过程,并且没有让人民对司法制度重拾信心。”

梁自坚昨日参与大马司法委员会法案辩论时建议,4非行政机关和公共领域成员担任委员在司法委员会是不足够的,我建议应该有6委员并且是大马律师公会、沙巴法律公会、砂拉越律师公会或国立大学法律学术界的代表。

“许多先进国或发展中国家已经成立了司法事务委员会,司法事务委员会有擢升法官的权力以及决定法官所享有的薪金和津贴。”

他建议,司法委员会应该有一套透明化的遴选、擢升法官以及法官的薪金和津贴让人民知道。

1988年发生了司法危机事件、随后的20年司法黑暗期至最近司法舞弊案短片VK林甘事件,这些事情已经违反了司法独立的原则,并且司法制度在宪法下是多么的脆弱。”

他引用我国著名前最高法院院长敦苏菲安在他的著作《马来西亚的宪法:这是发展》一书表示,司法独立在我国宪法是主要的支柱,法官不会听从国会、首相或任何公务员的指示。法官也不是听从内阁部长吩咐的公务员。

“司法独立在法律上是一个基石,如果这基石被拆毁,法律的基础和公正将会毁灭。”

他也表示,司法委员会法案里的37个条文是不足够和不完整来改善现在的司法问题。

“如果人民对法律失去了信心,司法制度就失去了公信力。”

最后,他强调,这是一个非常重要的法案,如果匆忙地通过这个法案将会失去一个宝贵的机会改善我国的司法制度。(完)