Sunday, May 27, 2018

Save Malaysia


Good Governance Government Malaysia or 3GM  (new Think Tank) from Sabah would suggest the following institutional reforms to SAVE Malaysia for the pressing issues faced by the nation.
1.       National debts accuracy and off budget expenditure;
2.       Government linked Agencies and companies
3.       Project IC and national security
4.       MA63 and compliance
5.       Corruption and win-win resolutions
6.       Judicial – data maintenance; judicial justification for the poor, the underprivileged, and the oppressed; verification and issue of late birth certificates; who supervise Judges?
7.       Petronas and its abuses for decades;
8.       Sovereign fund and how to go about it;
9.       Ill gotten gains and its illicit flight;
10.   Patriotisms and how to go about it;
11.   Good Governance Government.
12.   Food security.  

Brief summary of these items as follows:-

1.       National debts accuracy and off budget expenditure;
How accurate is the National Debts owed by Malaysia as how would off budget expenditure/commitments impact that figure?  Is the amount owed by Petronas of about RM200b included in the latest figure of over RM1 trillion?
2.       Government linked Agencies and companies
Do we know which are the GLCs and GLAs?  Do we have a public register for such corporations?  How do we really identify a GLC and a GLA?  Some or most such corporations act as if they are the properties of the Board of Directors especially the Chairmen and other key officials without any participation of the public.  When they encounter financial upsets, they would seek bailout by the government and tax payers fund etc. Have an Act to regulate such bodies.  1MDB? is such a classic case amongst many.
3.       Project IC and national security

Project IC albeit denied at the report stage of the Royal Commission of Inquiry on Illegal Immigrants Sabah held in Sabah 2012-2014 still unresolved institutionally and undoubtedly such project IC holders do endanger the nation in many aspects. Recommendation thereof should be implemented without delay for New Malaysia.

4.       MA63 and compliance
Since 1963 the institutional measures as agreed for the formation of Malaysia till today have been largely ignored. Non compliance of MA63 means Malaysia is in disarrayed symptomatic that Malaysia faces a massive platform of illegalities. Hence compliance is a must now and no longer subject to negotiation and discussion.
5.       Corruption and win-win resolutions

There is no panacea for such massive corruption prevailing in Malaysia unless very tough institutional measures be enforced without any further delay.   While the standard legal processes seem to be largely ineffective to nail the culprits in corruption, some long drawn out futile court proceedings from the outset could not find the culprits or criminals for lapse of time.  While the punitive measures like jail sentence and hefty penalties can only deal with some cases, most of such culprits stay free to enjoy ill gotten gains as reflected by the properties they own.    Some if not most those charged in court could be acquitted for whatever reasons.  In China, corruption criminals/ culprits are “shot” as punishment.  In Malaysia we may not want to do that but more suitable punitive measures to “rehabilitate” such culprits can be taking them off the society like “house arrests”.  They will have to feed themselves in a closed up town/ shopping malls as there are too many such corrupted people/civil servants (can be over millions for decades) and they have ill gotten money stashed away- local or overseas or families/cronies / criminals comrades can send them support money via the ATM machines. This will help the economy for the recycle of ill gotten gains as many simply stay free by migrating. Restricted residences or sending such culprits on transfer within the General service can be ineffective as supervision is nil.  Even many declared bankrupt people still live very well in society off the ill gotten gains as who supervise them.

You have the National Security Act and can be applied for the corruption menace as normal prisons would run out of fund containing such millions of corrupted people.  Mind you corruption come in many forms and the “rehabilitation” processes must be win-win for all in society.    In the mean time, you may need several large enclosed township/shopping malls (businesses of traders can prevail therein)  to contain the millions of corrupted officials.   I can clarify if need be.

6.                    Judicial – data maintenance; judicial justification for the poor, the underprivileged, and the oppressed; verification and issue of late birth certificates; who supervise Judges?
The Judicial system must be improved to meet current needs.  Do we have the adequate data maintenance to justify the present judiciary? 
I see many young people in groups face criminal proceedings and charges, and being in a group some of them may not be so guilty but likely face the same sentencing as most would plead guilty without the important service of legal counsels (cannot afford them). So it is all up to the prosecution by the Police and the magistrates to decide the fate of such young people with some likely to be misled but live with the guilty charges for life.  Would there be institutional justification for the poor, the under privileged and the oppressed to have preliminary access to legal consultation for free? So not only those subject to “death” sentence be accorded legal representation.  I myself had encountered how the Police dealt with case once with LIES. Somehow God provided my well deserved freedom for an activism case.
Who supervise if any-  the magistrates and judges?  Most judges find short cuts to strike out cases.

7.                   Petronas and its abuses for decades;
Massive wealth of Petronas had been abused for decades and the people is just helpless.

8.                   Sovereign fund and how to go about it;
The BN government had abused several major funds like EPF for decades.  If any sovereign fund anticipated to be formed should have proper safeguards from any abuses by the authorities of the day.

9.                   Ill gotten gains and its illicit flight;
Malaysia is infamous for this illicit fund flight despite Money Laundering act since 2000.  Our system is lopsided and need to be addressed.

10.               Patriotisms and how to go about it;
Divide and rule system (meant initially to make some correction then and now too long) generates scenario of patriotism adverse. Other pressing issues like ethnic cleansing, social sways, suspected apartheid (Malaysian version) and possibly genocide in the process cannot imbue patriotism in society at large.  A ‘propaganda’ to reverse past developments must be in place now to build a progressive society in global context.

11.               Good Governance Government.
A Think Tank at all levels (Federal & State) and even private ones supported by Government of the day for Good Governance Government be advanced to generate a culture of sort. My more than 30 Police Reports worth RM30 trillions have been largely ignored since 2004.

12.               Food security.  
We are in difficult times of climate change and food can be a great challenge.  We should endeavour to institutional food security as present authorities on food have no clue on quality food to be available in abundant to meet our needs and beyond. Any neglect or omission in proper development of food and its security an important factor in cost of living and healthy living of the consumers can no longer be tolerated.

In conclusion, the above measures would mean a lot to Save Malaysia from its perils already in our horizon.   

Joshua Y C Kong, proposed Think Tank on Good Governance Government Malaysia (3GM) 28/5/18.

Thursday, May 3, 2018

Any good from PSC on electoral reforms?


Any good from PSC on electoral reforms?
Further to my letter titled “Final polls results should undergo proper audit” DE 29/4/2018, I would like to dwell similar matter in this letter.
I submitted a fair paper with schedules of discrepancies of ballots papers issued for GE 2004, GE2008 together with suggestions for electoral reforms to the Parliament Select Committee sitting in “mini Putrajaya” complex in Manggatal in November 2011, I wonder what was the findings / recommendations for electoral reforms if any of the Election Commission of Malaysia (ECM).
I would have thought a Royal Commission of Inquiry would be more appropriate for such an important matter as Governments ( Federal / States) were formed from General Elections held regularly.  It is indeed a global “wonder” that BN has held power for 55 years in Malaysia since first GE in 1964. 
In the paper to PSC headed by Datuk Maximus Ongkili, I had indicated the massive flaws and frauds of ECM as to the discrepancies of ballot papers ISSUED for Parliament and the state seats under it. (see schedule attached).
The discrepancies ranged from a digit figure to thousands of ballots papers (highest 4,843 in P28 GE2004) in most seats for both GE2004, GE2008 and yet this is continued or repeated in GE2013.  There should not be any such discrepancies which is fundamental to frauds of ECM and cannot be simply ignored with repeated approaches by me in Police Reports, High court cases with Government and ECM as amongst the defendants.  Judiciary has also failed the nation with a legitimate Government.
I had also submitted to PSC a list of 11 items for electoral reforms (see attached) to enable the nation to have a fair, free and true elections with various measures of checks and balance. Since 2011, I don’t think the Government and ECM have done anything to effect electoral reforms so much to be desired in the name of justice for all.
A worst scenario was observed with a series of technical “frauds” (not innocent) committed by ECM such as Form 16 – a prescribed form for the declaration of results on polling night - was manipulated with  the item D ( ballots papers in boxes) as omitted ( item D is very important as Forms 14 & 15 by the returning officers are not published);  then a first complete Gazette ( was published on 22 May, 2013 (polling day 5/5/13) i.e. 16 days after the Governments were formed and yet on 31 May, 2013 another supplementary  official Gazette called “Corrigendum” was published.  Actually, nobody including ECM cannot disturb the results as declared by respective Returning Officers on 5/5/2013 which was the basis for the “victorious” candidates to form the Governments.  The corrections were actually manipulation of various figures to make the discrepancies of issued ballots papers ZERO for some seats ECM had omitted with the corrupted Form 16 with respect to item D.   By virtue of corrupted Form 16 and the double Gazette for a single set of declared results of GE2013, the Government is indeed an illegitimate one set up by ECM and not the voters by the rigging of ballot papers issued and ballot boxes. 
Had the PSC for the electoral reforms addressed the repeated frauds of ECM such evil practice would have stopped.  I am very afraid the similar rigging of the electoral systems already started since dissolution 13th Parliament and at nomination centres on 28/4/2018 would be repeated in GE14.  I sincerely urge ECM to adhere to Form 16 in GE14.
Joshua Y C Kong  2/5/2018