RCI on Election Commission is best now for new decade and beyond

RCI on Election Commission is best now for new decade and beyond

The Government has formed a special Electoral Reform Committee to review election laws and systems in Malaysia.

The brand new Electoral Reform Committee (ERC) is chaired by former Election Commission (EC) chairman Tan Sri Ab Rashid Ab Rahman, said the Prime Minister’s Office (PMO) in a statement Thursday (Aug 16, 2018).

Is Tan Sri Ab Rashid a man who ‘messed’ the EC for decades as the best man to chair that Commission as he had said as Malaysiakini reported “EC Chief : No other regime capable of running the country”- Dec 08, 2007 (Keynote address to a seminar at International Islamic University Malaysia (IIUM) KL.

It is more than a year of a two years to complete the said report and has he promoted his effort in Kota Kinabalu?

There was an earlier Parliament Select Committee on Electoral Reforms that came to Sabah in November 2011 with sessions for the public and what happened to that effort?

I brought up the issue of the unexplained and unverified discrepancies of ballot papers issued in Parliament seats as compared to the total ballot papers issued for the State seats in the same Parliamentary constituencies. There should not be any discrepancies of hundreds or even thousands of ballot papers issued. How can such discrepancies be ignored by EC prior to announcement of results of polling night?  Very likely rigging done by EC as EC control the ballot papers and done in full knowledge of EC for corruption.  Most senior EC staff become millionaires once every five years going by the way massive election funds were incurred by the ruling parties for decades basically to ‘buy’ extra ballot papers for manipulation to ensure they stay in power for decades.  Some well to do BN candidates also likely to ‘buy’ extra ballot papers to ensure victory with good majority. 

I had also written a book titled “Malaysian General Elections March 2004 – A case of victory – landslide or rigslide” (ISBN978-983-2653-31-8) where irregularities and electoral frauds were identified.

I had also lodged Police Reports (10281/06; 011997/07 and L/001100/08) with extended copies to MACC on GE2004 and GE2008 but nothing was acted upon on them condoning electoral frauds of EC for BN.

Then I went to High Court for elections case for alleged electoral frauds for GE2004 and GE2008 in 2008 where funny things happened there. I went to court as an aggrieved citizen and voter so much on the legal understanding that any criminal frauds has no time limit or time bar. Then the Judge simply struck off  GE2004 for time limit and GE2008 within 6 months was struck off simply it was over 6 months for election petition but this one was not an election petition as I was not candidate. For the GE2008 case, it would have been a walk over for me to proceed to the trial proper as nobody from the Defendants turned up for a hearing fixed by the Court. I did the cases myself as I could not afford any solicitor.

Then I wanted to file a Court case on GE2013 when filing was online and I approached a lawyer to help me to file that but was very disappointed for the outright rejection by the lawyer without hearing my request

The details of my cases on GE2004, GE2008 and GE 2013 are in my online website blogspot.

It is very interesting that Datuk Seri  Anifah Aman is to sue EC over the Final Federal Court decision over Kimanis P176 in GE2018 (DE 20 dec 2019).  I do not know if there are any contempt risks to write about that decision but I do have many questions not likely to be answered until the possible suit against EC is done with.

The latest relevant question is what if Anifah wins the civil suit against EC, is there any impact of the by election to be held in January, 2020?

I am surprised that the nomination centre on 4^th January, 2020 is in Beaufort so far away from Kimanis. If It is can be in Beaufort then it can also be in Kota Kinabalu.

The case of Kimanis in GE14 was declared null and void can be interesting when no party especially the candidates in the case was found “guilty” of any electoral crimes.

The ERC should scrutinise this case that has gone so far to the Federal court and now a review is still in progress despite nomination day for the by election is now fixed for 4^th January, 2020?

The votes discrepancies as alleged in Kimanis due to some extra ballot papers also present interesting scenario for closer examination.

According to my tireless research on electoral results for GE2004, GE2008, GE2013 and some in GE2018, the crux of the matter is that electoral frauds  largely the  work of the biased EC has precipitated illegal Governments without due diligence on the overall lax/questioned performance of the electoral processes.

It has been noted that an important item in the prescribed Form 16 under Conduct of Election regulation No. 27 has been omitted in the final tabulation of the polling results. This departure has invalidated the proper declaration of the winners especially where discrepancies of ballot papers issued for respective parliament and state seats thereof remain unverified and unexplained.

Failure in complying Form 16 invalidate the electoral results as frauds could prevail as many seats have discrepancies in ballot papers issued in Parliament and state seats of same constituency.

While I sincerely hope that a Royal Commission of Inquiry be held to review the electoral reforms in totality, it is hoped proper audit of the ballot papers issued and counting processes be accorded recognition for validity of the almost instant results too soon to be declared without proper independent checks.  Without proper independent checks the consequences of electoral frauds allowed by EC and also likely committed by EC are rearing its ugly manifestations in much questioned Government.

Malaysia can surely do better in term of true natural justice, fairness, clean and true general elections with a new message for a new decade 2020 a perfect vision for the nation and beyond.

Joshua Y C Kong 31/12/2019

NGO as Citizens & Consumers Watch is very much desired

NGO as Citizens & Consumers Watch is very much desired

After writing in Daily Express “ Need to solve ‘parking crisis’ within the city (Dec8,2019) and “once rich North Borneo stripped to the bare” (dec 15, 2019), we have now come to more serious matters in personal perspective for our own survival as personal securities like finance (possibilities of bankruptcy or even forthcoming destitution) , physical safety even in car parking spaces both open and basement/floors, food security endangering our health in the preparation of our foods from farms to tables and all sorts (including unthinkable scenarios)  that may happen to us in questioned environment.

It has been noticed that some carparks in multi storeyed buildings or complexes may have non functional CCTV for the personal safety of consumers as undesirable behaviour or incidents have been encountered.  Sometimes the lifts in such places can be safety adverse to the consumers. Some vehicles including those e-hailing ones have installed cameras for their own safety but too few to make the desired impact for safe mobility.

 A very young girls walked innocently to her five-storeyed plunged death as filmed/videoed by her own mother for the missing floor plank.

Contagious diseases in our midst like revived polio and increasing cases of TB plus other items unknown to us have come back to society.  There are some people who just fall down and died.

Sabah is known to have vast numbers of illegal from other countries with questioned health status and now some leaders want to provide them continued stay in Sabah under Pas Sementara Sabah (PSS) to further ‘swamp’ us as after PSS is implemented, there is nowhere that we can stop more such people entering porous coastline in Sabah. The scenario of ‘trojan horses’ with all sort of questioned behaviour, characters and background has been with us for decades hence endangering genuine Sabahans beyond control.

Many maybe singing the signature year-end song known as Auld Lang Syne and how we do that in 2019 in grand style or just over a cup of coffee. Also we are also in the season of winter solstice largely practised by the Chinese people in deep winter China where relatives and friends may not see each other again.

As we enter a new decade in a few moment in this Christmas 2019, we must make an effort to keep watch on ALL our personal securities as times have become more critical in most areas of our livelihood and living conditions in personal safety in our movement, our challenges in health and the foods (healthwise?) we consume especially in our time out, our driving, our mobility and our car parks-in doors or out doors with or without CCTV - in operations or just dummy to mislead the consumers by the owners and operators of those areas including public building owners.

So it is no longer that we remain complacent or indifferent to our very own personal security as earlier mentioned in this letter. It is no longer for us to have this attitude that we act only to various scenarios as they occur. We must now take care for our public interest and how to face those challenges at all times.

 Taking care alone in a public scenario is inadequate to ensure our good situation hence we need to set up a corporate voluntary action group like Citizens & Consumers Watch or CCW or SEE SEE Watch to be always on alert at all times to safeguard our own personal securities.

For the genuine local Sabahans with many pressing needs in personal securities we need CCW or SEE SEE watch and be united in concerted effort to mitigate our personal securities to enable us to live in peace and harmony as in decades prior to Malaysia in 1963. We owe this to ourselves, our children and next generation.

So in See See Watch, we keep in touch with your common relationship whilst so many are been embedded in our modern technology of communication lost in the personal touch. Also many are too involved with politicking possibly with futile results.

So over to our local leaders to show genuine concern for all of us in Citizens & Consumers Watch to form such an NGO promptly. Daily Express may take the lead as well.

 Joshua Y C Kong 17/12/2019

Very rich Sabah once has arrived soon to be ‘destitute’

 http://www.dailyexpress.com.my/read/3379/once-rich-north-borneo-is-stripped-to-the-bare/


Very rich Sabah once has arrived soon to be ‘destitute’

Is it a surprise that very rich Sabah once has arrived soon to be “destitute” for obvious reasons since 1963? Now the nation has been staring at 1MDB for a few years already which is indeed a very unfortunate kleptocracy and Sabah cannot avoid contributing fund direct or indirect to settle the massive debts (uncertain how many tens of billions Ringgit) of 1MDB.

Since the early days in Malaysia, there had been massive flight of wealth including ill-gotten gains overseas for all sorts of reasons including migrating.      Such ‘ill gotten’ sort of gain is still leaving Sabah and other states legitimately or otherwise.  Is this being tracked by the authorities? This article only provide a tiny glimpse of all the rotten gains from the tropical forests or south sea timber in great demand overseas.  There is also 1989 WWF’s book titled “Timber from the South Seas” giving a very good account of our timber being traded mainly in Japan with focus on an analysis of Japan’s tropical timber trade and its environmental impact.   Then until the new millennium, the forest had been very much depleted (details of our timber extraction are in my book “Sabah wealth image of woods power” ISBN: 983-2653-08-8 in 2004) for the period 1967-2002 and replaced by the mono crop which has been considered the “golden” crops by the planters. We know who are responsible for our lost treasures in the once pristine forests.  A very thick book could be compiled if all the materials available are easily accessible.

Unknown to many then, there is a small book titled “Kechik di Sabah: Kisah Sebenar” by Syed Mamood Syed Ismail with first edition 1981 by Syed Mahmood Enterprise Ltd’,HongKong and printed by Chung Hwa Printing Co. Ltd, HongKong.

That book is very revealing of all the wealth obtained by Syed Kechik who came to Sabah in September, 1965 and in a few years he accumulated massive “obscene” wealth and it was reported in the first page of that tiny book that the largest bank in the world had reported that Kechik has not less than USD538m largely obtained from timber land concession in Sabah. In that little book, lots of other valuable assets were alleged owned and accumulated by Syed Kechik.  Was any of such ill-gotten gain both inside Sabah and outside recovered from Syed Kechik?  Whoever sent him to Sabah as a young unemployed lawyer should be “cursed” by those unforgivable activities in Sabah. That person could be the “catalyst” in the premature demise of the pristine forests in Sabah as he was director of Yayasan Sabah (YS) for some years. YS was supposed to be the Sabah Sovereign Wealth Fund for the people of Sabah but soon in the PBS Government in the early 1990s, the shares for the people were quietly withdrawn after several dividends were distributed. I hope to start a new Sabah Sovereign Wealth Fund for the discovery of special recovery exercise (SRE) of lost federal revenue yet to be revealed to the Federal Government and the recovery can be into many billions for decades. This has nothing to do with MA63 but a loophole to be closed in the revenue system.

Then we had the unfortunate incident on 6^th June, 1976 and thereafter Sabah was misled into giving away further wealth within our soil in oil and gas plus the island of Labuan in 1984. We are now told that since 1976, Sabah had received RM15.6 billions for the royalties of 5% for PDA exploration and the oil and gas production. How much we have lost is anybody guess especially PDA 1974 Act 144 can be deemed illegal, null and void. I have called RCI on double six and the PDA 1974 on Petronas over massive stolen wealth in its financial reports to put to rest whatever truth may be revealed.

While the leaders in Malaya had promised the “moon’ just prior to the formation of Malaysia of three or four (Singapore included until 1965) parts, MA63 had been largely ‘forgotten” in its implementation in terms of revenue due to Sabah.

We had seen over the 5 decades that Sabah has been getting less and less and now have to share in the burden of repaying the massive debts (international) of anything including accrued interest of RM100 billions.  

Sabah’s demographic growth had been extremely unusual and yet allocation of development fund is lesser rather than a matching increase over same period.

Are we not going through many whammies for decades and for how long more that we have to go on like that?

The day of reckoning can be any time and I call on those who have enriched themselves by exploitation over the natural wealth of Sabah as provided by the creator God search their conscience as the ‘karma’ can be anytime for them.  It would be good to repair the degraded earth to mitigate our common guilt forever. So what a timely precious reminder in a rich very young girl from Johore as filmed by the mother walking to her sudden tragic death in a gap of 1 feet at the end of a walk way five storey high.  Is it a terrible torment for the parents now, isn’t it?  God is watching over our excessive depletion of the earth with a heavy heart. Can we be indifferent or complacent for allowing the earth especially in Sabah and Borneo to be bare of the pristine forests?  I have done my role in outspoken ways and have you?

I think in the hearts and souls of many genuine Sabahans that such tolerance for so long must come to an end and who is going to take the blame if ‘intolerance’ can get better in a bigger group out to see any positive changes for our fortune in our own land?

Who want to be “destitute” likely in current global prevailing difficult economic cycle which can last longer than usual and more painful for most people in today’s regional conflict and challenges?

In difficult economic scenario other adverse human developments can arise that may sink communities into desperate stances in education, health, welfare, social liaison and even harmony, All these we must be avoided in society in nation building.

To add to our midst, terrorism in certain groups are also emerging to give us so much concern and our productivity can be adversely impacted.

Let my small contribution in this letter be an alert for us to ponder as how the slippery financial and economic road can be halted very soon in resources rich Sabah once but now very much depleted beyond the control of most of us.

We pray that we can trust our God to deliver us from such turbulence and tribulation and our faith in God in consolation would help us with our endurance so far to have life improvement.

Joshua Y C Kong 7/12/2019.