Has Esscom failed the nation in Esszone for 4 years?

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Consider floating barriers in Esszone areas

Published on: Saturday, February 04, 2017

By JCYK
THE Eastern Sabah Security Command (ESSCOM) was established for the Eastern Sabah Security Zone (Esszone) a Malaysian security area that covers 1,400 km of the east coast of Sabah from Kudat to Tawau.It was established by Malaysian Prime Minister Dato’ Seri Najib and announced on 7 March 2013 by Chief Minister Datuk Seri Musa Aman. Its purpose is to strengthen maritime security in the eastern part of Sabah following the persistent attacks by pirates and militants in the southern Philippines especially after the 2013 stand-off at Lahad Datu, while at the same time ensuring that trade and business activity are not affected.
The Esscom headquarters and main bases are at Lahad Datu.
It has been observed that Esscom has incurred a few billion ringgit of assets and operation costs for almost four years without much results as intended despite a curfew in Esszone for the same period.
Kidnappings for ransom had been going on in the Sulu and Celebes seas between Esszone and Philippines despite Esscom.
Actually the security/piracy scenario in the Esszone has gone worse with the latest decision by major shipping companies operating in the area to by-pass the Sulu/Celebes seas and, instead, go for a longer eastern sea passage of Philippines.
I would like to hear from Sabah ports in Esszone how such shipping passage diversion by major shipping companies may have affected the port activities in the area.
Isn’t it enough effort of 4 years of Esscom to find new strategy to deal with criminal activities in the open seas?
While China’s “wall of sand” in South China Sea has been much questioned, is it too much to build floating pvc barriers along the sea border in Esszone to restrict free movement at all time with controlled toll/immigration/passage/approved users- gates at one or two or three points?
If gas and oil pipelines can be built under the water, is it not possible for floating “fence”?
We need fast action to make the appropriate decision in Esszone to ensure security is guaranteed at all time for the prosperous businesses in east Sabah to return.
JCYK

Has Esscom failed the nation in Esszone for 4 years?
The Eastern Sabah Security Command (ESSCOM) was established for the Eastern Sabah Security Zone (Esszone) a Malaysian security area that covers 1,400 km of the east coast of Sabah from Kudat to Tawau. It was established by Malaysian Prime Minister Dato' Seri Najib bin Abdul Razak and announced on 7 March 2013 by Musa Aman, the Sabah State Chief Minister. Its purpose is to strengthen maritime security in the eastern part of Sabah following the persistent attacks by pirates and militants in the southern Philippines especially after the 2013 stand off at Lahad Datu, while at the same time ensuring that trade and business activity are not affected. The ESSCOM headquarters and main bases is at Lahad Datu.
It has been observed that Esscom has incurred a few billions Ringgit of assets and operation costs for almost 4 years without much results as intended despite a curfew in Esszone for the same period.
Kidnappings for ransoms had been going on in the Sulu and Celebes seas between Esszone and Philippines despite Esscom.
Can there be a hidden agenda of sort since 2013 despite the presence of UMNO in Sabah since 1994?
Actually the security/piracy scenario in the Esszone has gone worst with the latest exposure by major shipping companies operating in the area that they would by-pass Sulu/Celebes seas and instead go for a longer eastern sea passage of Philippines.
I would like to hear from Sabah ports in Esszone how such shipping passage diversion by major shipping companies to have affected the port activities in the area with the latest development.
Isn’t it enough effort of 4 years of Esscom to find new strategy to deal with criminal activities in the open seas?
While China’s “wall of sand” in South China Sea has been much questioned, is it too much to build floating pvc barriers along the sea border in Esszone to restrict free movement at all time with controlled - toll/immigration/passage/approved users- gates at one or two or three points? If gas and oil pipelines can be built under the water, is it not possible for floating “fence”?
We need fast action to make the appropriate decision in Esszone to ensure security is guaranteed at all time for the prosperous businesses in east Sabah to return.
Joshua Y C Kong 23 Jan 2017

What has Fuad Foundation done for Sabahans so far?

What has Fuad Foundation done for Sabahans so far?

Published on: Saturday, January 21, 2017

By JYCK
IT is interesting that Daily Express 14 January, 2017 carried an archive item titled “Fuad Foundation Set Up As late leader played Biggest Malaysia Role (as published in Kinabalu Sabah Times – Monday 23 August, 1976).

The Tun Fuad Foundation Enactment 1976 (Sabah No. 8 of 1976) was gazetted on 2nd September 1976.

The objects for which the Foundation is established shall be:

(a) To perpetuate the good name of the late Yang Amat Berhormat Tun Mohamed Fuad Stephens;

(b) To achieve the aspirations and to perpetuate the good work of the late Yang Amat Berhormat Tun Mohamed Fuad Stephens;

(c) To inculcate and promote mutual understanding among racial groups and mankind;

(d) To promote peace and understanding among nations;

(e) To improve the standard of education in all fields and to uplift the standard of living of the people;

(f) To provide or award studentships, scholarships, study grants, study loans or other awards to any Malaysian citizen who is a permanent resident in Sabah;

(g) To undertake such or any activities commercial or otherwise so as to enhance the Fund.

It was also reported that the Foundation was endowed with a cocoa estate of 2,500 acres, which was expected to yield an annual income of RM2m to RM3m when the crops mature.

The first protem Chairman appointed by the TYT then was Haji Mohamed Noor Mansoor.

What happened to its assets and how many young Sabahans it has really helped throughout its existence?

JYCK

Environment is critical now

Environment is critical now

Chief Justice Tun Arifin Zakaria would like the Federal Constitution amended to expressly include a right to a clean and healthy environment at the start of Legal Year 2017.

He noted that an "environmental rule of law" has not been formally defined.

He defined “environmental rule of law” as "A core duty is to safeguard and uphold our constitutional guarantees, which must include the right to a clean environment both for the present generation and the future of unborn generations, not forgetting our wildlife and other life systems, which form part of our ecosystem."

He went to say that "To this end, I would like to ask my brother judge, Tan Sri Richard Malanjum, who enjoys a similar dedication to the environment, to spearhead the drafting and introduction of a set of Environmental Rules of Court to facilitate and bolster the practice of environmental law in our courts."

At last, the Courts have started in recent years an effort to protect environment by cases in courts but I believe that effort of protection goes much beyond the Courts as it is part and parcel of our lives.

While it is to be appreciated for a set of Environmental Rules of Courts, there is a greater need to make real impact in averting irreversible environmental damages all round especially in certain areas climate change and total destruction of our key ecological parameters like our coral reef frontier and our water sources to provide our much needed food and healthy environment.

Environment and climate change or global warming are inevitably inter-related so much so that photosynthesis stops when the climate reaches 35 degree centigrade.  In Sabah, the temperature is hovering around 34 and 35 degrees Centigrade in recent years and maybe soon we would have problem growing food.

Even at this stage and at this rate very little is done environmentally in Sabah to avert any disaster thereof.  We continue to witness all sort of environmental woes almost everywhere people habitats. We may have identified all areas of environmental issues but little progress is done to deal with them head on, hence environmental violations are perpetrated.

We have also witnessed how shallow views have been expressed by the authorities in ad hoc basis without real impact to reduce or mitigate environmental damages.  Is it enough just to clear some stagnant trash here and there?  There is much more to be done in fundamental application based on an environment blue print.

We are really too complacent when real tough attitude must be put to work in all areas of environment. 

There are only a few environment blue prints in some countries when the whole world is facing such a great menace of much desired development of environment regulations and rules.

In Sabah we may have some enactments of environmental laws but clearly inadequate to deal with various parameters faced by the decline in environmental health.

I through my cooperatives – Koperasi Pengguna Sabah Bhd (KPSB)- has taken the initiative to hold a Sabah Environment Expo 2016 (SEE Sabah 2016), but due to lukewarm or no support from the governance sector SEE Sabah 2016 failed to emerge.  But I still hope that SEE Sabah 2017 would materialised soon to come up with a publicly endorsed Environment Blueprint (EBP) to embrace everyone and everything comprehensively with the civil courts in a strengthened role.

There is nothing left to be done except with an Environment BluePrint to show us the essential way forward starting with valid concepts, practices, education, awareness, legal statutes and enforcement.  

We must hold SEE Sabah 2017 with an extensive and intensive effort with wide ranging ingredients which can be costly to reach as many people near and far with massive contributions by all concerned with the noble and practical Environment BluePrint as an end product for enforcement immediately.

Such comprehensive EBP would complement with what the civil courts can do much effectively and efficiently and not just scratch the very important matter and challenge superficially.

Clean environment embraces the sky (air), the seas/oceans (seafood/coral), land (water, health/hazard, food etc) and there is no longer any option left for all the inhabitants now.

Without EBP, and too many ad hoc efforts here and there would not achieve the desired results of a clean environment for all our daily activities.

The critical environment status is tethering on collapse as exacerbated by uncontrollable global warming and then we are all helpless.

Joshua Y. C. Kong 20 Jan 2017

The concept of incomes of religious bodies has been misplaced.

The concept of incomes of religious bodies has been misplaced.

It is very interesting that the local press with the headlines namely “Sabah opposes tax amendment and Sabah opposes 'tax on praying' “ after an amendment by IRB on section 13(1)(b) Schedule 6 Income Tax Act 1967.

Reading from the press over the past two weeks since the amendment there appears to be some serious concern over such development.

What can IRB do according to the law even there is political intervention?

Why was there no objection in Parliament then prior to the said amendment?

What would the tax professionals say on such development after a few decades of such tax exemption in totality under any religious bodies?

I had written in Daily Express on 1^st January, 2017 on the said matter with clarity on the said development.

When IRB made such statement as “that the amendment to the 13(1)(b) Schedule 6 Income Tax Act 1967 (Act 53) in Budget 2017 was to provide clarity of the law on the application of exemption to religious institution or organisation.”, it is exactly what it is as far as  IRB is concerned on business incomes and  rental under the religious bodies.  If not so, why made such recent amendment to pursue the duty of IRB to pave the way for taxation interpretation of certain incomes under Act 53.

The modus operandi of IRB has been known that when the IRB fails to apply any of its law or regulations for whatever reasons especially losing cases before the Special Commissioners and the Civil Courts.  IRB would resort to changing or amending the laws and the regulations.

So it is likely what is happening now.  Isn’t futile to apply political pressure be it good or otherwise that even the Chief Minister of Sabah raised objection?  Some people says Parliament is supreme and no amount of political intervention no matter how noble be it that IRB should depart from such laws.

Unless IRB decides to give concessions to such development, I would like to inform all the religious bodies especially the non Muslim bodies to be prepared to face the new procedure of IRB by preparing the proper accounts and properly audited in good time to submit their returns to the IRB in 2017 to avoid default consequences.

Definition of business and rental can be re-defined in the context of religious bodies and it is important how we use such terms in their accounts as such bodies are not in business to make profit but in worship and prayers.  Reclassifying such items may justify no taxes to be applied in line with the concept of donation.

Also some big and old religious bodies with many branches in various towns in Sabah have set up a central body to provide administrative prerogative over such state-wide affairs and beyond.  Such central system can present some problems with the latest legal amendment as far as IRB is concerned.

Joshua Y C Kong 10 January, 2017

Save Malaysia Association for next generation

Save Malaysia Association for the next generation.

What kind of New Year message for 2017 from the Chief Minister?

In the two well read and well circulated newspapers in Sabah, such headings as “Let’s focus on developing Sabah – CM”, Set aside political differences, urges CM and “Help govt transform nation, sabahans told” are likely world apart in the ground.

Are we more concerned on developing Sabah or the nation?  So my apolitical letters have been helping to transform nation positively.

 

Do Sabahans really know what to do to develop Sabah or transform the nation? So most think political avenue is part and parcel to help the State and nation towards some sanity.

 

As far as Sabahans are concerned it is the daily drudge of putting food on the table for the families and under secure houses and places within local context and the state’s environment security.

 

There are enough of too tough daily challenges around us even to move around the city within and without the Central Business District with the massive traffic jams  from both ends of Kota Kinabalu namely from Kudat, Kota Marudu, Kota Belud, Tuaran and Beaufort, Kimanis, Papar, Kinarut and Putatan plus Penampang.

 

Such massive traffic jams both in the mornings and evenings plus lunch peak hours or even any time in the City are too costly in term of time and costs of mobility to be productive and so unless we tackle such scenario for years with some good solutions, how can anyone have any energy left to focus on developing Sabah or remotely possible to help to transform the nation? 

 

Only yesterday, I had to come back to Kota Kinabalu from mile 16 Tuaran Road after spending almost two hours in the lunch hours on the roads almost doing nothing productive. All the way, there were no accidents except that the roads are somehow clogged up.  If we add up all the hours most people spend on the roads burning up expensive fuel unnecessary, we are heading to something into futility.  

 

So we need to ponder deep and sound as how to develop Sabah when moving around Kota Kinabalu is too much of a burden especially with the “exodus” of people running scared from the Esszone.

 

Even Kota Kinabalu City Hall (DBKK) has come up with two master plans namely the Kota Kinabalu Public Transport Master Plan and the Traffic Improvement and Urban Transport Master Plan for Kota Kinabalu Central Business District (CBD) for liveable city in 2022.

            One of the reasons for the congestion apart from the massive number of vehicles (most mobile lacking public transport) on the roads- narrow and poorly built including flooded roads- are the “old fashion” traffic lights which are not co-ordinated with the flows of the traffic in all directions, when green light still on when there were no approaching traffic.  Have we installed “old fashion” traffic lights when we could have paid for the state-of-art systems equipped with the sensors to assist/cope with the changing approaching traffic to minimise queues.

 

Now we understand that there are cameras at most traffic lights junctions and hopefully such cameras can also serve the purpose of identifying queues at such junctions to enable research on improving the efficient movement.

 

The Chief Minister also urges emphasis on tourism, agriculture and manufacturing which unlike oil and gas are strictly within the State’s responsibility but have we performed any better when our infrastructure around Sabah is clearly lacking? The capacity of tourism, agriculture and manufacturing is very much dependent on good infrastructure all round.  Even the single carriage to the famous Tip of Borneo is loaded with potholes which you may not feel if you travel in luxurious and expensive vehicles which just run over them effortless.

 

We have been told of the Sabah Development Corridor getting much investment such as billions of Ringgit of deals but such impact is hardly felt within Sabah.  Where is the money as it is mentioned in the DBKK’s master plans still subject to the Federal funding?  So is the SDC performance properly monitored?  Maybe such SDC deals have contributed more damages in several aspects to Sabah than the upliftment of the livelihood of people.

 

In the same message, the CM reminded us of the sovereignty and the security in all aspects in Sabah and the nation with reference to the “secession” of Sabah (internal) without the external reference of the renewed claim of Sabah by the new President of Phillipines and the increasing number of questioned Pakistanis found in most areas in Sabah.

 

CM also reminded the people against harbouring illegal immigrants and to be responsibile by reporting suspicious activities in their vicinity, but we have yet to see the expected action following the much questioned Royal Commission of Inquiry on the illegal immigrants Sabah (RCI  IIS) urged since early 1980s and concluded in 2012 to 4^th December, 2014 with the release of the questioned Report on RCIIIS.  Isn’t it that some leaders dragging their feet on the appropriate action on RCIIIS actually harbouring illegal immigrants especially those few millions of alleged Project IC holders albeit denied/silent in the said Report?  There maybe some and inconsistent sort of deportation of illegal immigrants but too little and too late when Sabah‘s demographic scenario is indeed explosive and infiltrated by such people so much  so inevitably weighing down much on the sovereignty and security of Sabah vis-à-vis the nation.

 

If we want to compare our action or even intention with what Trump, Presidient Elect of USA over illegal, we in Malaysia must do much more in sincerity and justice for the genuine locals at the mercy of the alien people for decades.

 

We may regret too late in two scenarios after trying so hard to develop Sabah albeit distorted at large that Sabahans may end up very frustrated when the demographic movement means we end up in total loss in a foreign nation one day we wake up unless we act on what we say we want to do. No more lips service.  The other scenario could be very expensive when the maintenance of security can be demoralising and tumultuous.

 

So it is timely we initiate a SAVE Malaysia Association with concerted effort.

 

 

Joshua Y C Kong 5^th January, 2017.