Tuesday, September 5, 2017

Invadid drainage and construction damaged nearby houses since 2014 must complete its mitigation quickly!

Underground Pipe Culverts from IJM Trehaus site on the left and nearby pond on the right

Behind BJ Cove houses at Lintang Bukit Jambul 1 is an IJM Trehaus Project.

Approximate Coordinates : 5°20'38.47"N,100°16'52.82"E

Reported in August 2016. Photos taken in November 2016 and 2014 by Penang Forum

PHW Report

https://hillclearinginpenang.ushahidi.io/views/map

Sources: Penang Hills Watch (PHW) | Penang Forum

Hill clearing activity by IJM Trehaus Project

Clearing and construction for a condo and semi-detached housing project, Trehaus, reported in http://anilnetto.com/ 26 Aug 2016. Photo taken in 2014 ...

IJM sign-boards

Behind BJ Cove houses at Lintang Bukit Jambul 1 is an IJM Trehaus Project.

Underground Pipe Culverts from IJM Trehaus site on the left and nearby pond on the right

Two invalid pipe culverts formed sinkholes at BJ Cove houses

Originally, there were two natural rivers/streams from the IJM Trehaus site and a nearby pond. No proper drainage system was implemented when housing development started, only two invalid hidden underground pipe culverts were built to channel the waters from the Bukit Jambul hill to Relau district.

The invalid underground pipe culvert from the IJM Trehaus project directly converged at BJ Cove houses from another invalid underground pipe culvert from a nearby pond were burst, caused soil erosion, house slabs collapsed, multiple wall cracks, PBA water pipe burst, floods, sinkholes (by two pipe culverts converged in red) and damaged to BJ Cove houses due to blockages of waters whenever rains and because of lack of drainage system there. The sinkhole which later converted into a manhole by IJM, is a clear sign of soil erosion under the ground.

It is a common sense that waters from the natural rivers or streams are naturally running, seeped through underground even the surface is covered by land-filled soil or with man made culverts.

Therefore, damages to houses were caused by severe soil erosion due to water movement under the road and buildings.

The following shows the invalid underground pipe culvert from the IJM Trehaus site behind BJ Cove houses at Lintang Bukit Jambul 1:

IJM Underground Pipe Culvert to BJ Cove houses 2018

Waters rising from the IJM Pipe Culvert behind BJ Cove houses 2018

Waters are flowing back from another pipe culvert at IJM site to BJ Cove houses 2018

IJM Underground Pipe Culvert at bottom to BJ Cove houses 2018

IJM modifying/constructing their underground pipe Culvert in 2014 to BJ Cove Houses

IJM Underground Pipe Culvert to BJ Cove Houses

IJM Drains

IJM Drain Waters go to the underground Culvert


IJM Underground Pipe Culvert next to BJ Cove Houses The above and below show the bottoms of IJM underground pipe culvert

Waters gushing down from IJM Trehaus site to BJ Cove houses:

Waters flow from IJM Trehaus to BJ Cove houses

Waters gushing down from IJM Trehaus site to BJ Cove houses

Waters from IJM site stucked at behind BJ Cove houses

The nearby pond besides IJM Trehaus site:

The nearby pond was flooded

IJM Hill cutting and hill Clearing 2014

Serious Drainage Issues

The Department of Irrigation and Drainage (DID or JPS) has just started in September 2017 constructing the drain from the pond to divert waters:


A drain under construction by JPS to divert waters from the nearby pond

Drain waters flow plan under construction by JPS to divert waters from the nearby pond

Letter from Penang Dept of Irrigation and Drainage (DID or JPS) in 2015 blamed IJM failure to comply with sedement control plan (ESCP) when its Trehaus started in 2014.

Clearly, the underground pipe culverts leaked and waters seeped through the ground and multiple cracks, as it did not happen immediately but over a period of time!

Developers dishonored directives/letters issued by Penang City Council (MBPP - Majlis Perbandaran Pulau Pinang) in 2015 to rectify the damaged house

Developers have not completed their committments to rectify the damages despite acknowledged their liability as per letters from Worldwide Venture Sdn Bhd, an subsidiary of IJM Land since 2014!

Despite the underground pipe culverts declared invalid by JPS and the Penang City Council's (Majlis Perbandaran Pulau Pinang, i.e. MBPP) issued stop work orders directing the developers, Worldwide Venture Sdn Bhd, a subsidiary of IJM Land to rectify the damages within 1 and 2 weeks time since 2015 (as per the above attached letters), the multiple wall cracks, slabs collapsed, PBA water pipes burst, leakage charges, damaging ceiling, electrical DB board, and tiles fallen, broken/popped up, are still pending settlement and remedial works to be carried out by parties responsible for the damages since 2014 !!

IJM Land only started in December 2017 constructing new drainage to divert waters from Trehaus Site to the pond and underground pipe culverts:

Pictures show IJM only started in December 2017 constructing drainage system to divert waters to the nearby pond and underground pipe culverts

Waters are flowing back to the pond during heavy rain 2018

Waters from IJM site overflown to the pond 2018


For waters to flow out smoothly, the pond must level up with more soils, 2018

Waters in the pond gone up during heavy rain 2018 - must build a wall to prevent waters from seeping thru houses.

Waters cannot move out smoothly due to obstructions which are being removed by a man 2018

It is important that the pond should be made a dried pond instead of existing wet pond on the following reasons:

i) The area was originally a natural river/stream where waters will still be naturally running, seeped through underground even when the underground culverts are to be closed/abandoned later.

ii) More waters were being diverted from the IJM site to their underground pipe culvert and to BJ Cove houses.

iii) Now, drain waters from IJM site are being channeled back to IJM pipe culvert to BJ Cove houses at Lintang Bukit Jambul 1 where a manhole next to house no. 20 constructed by IJM is not closed despite it has been declared invalid and illegal by JPS! This poses concerns to residents at BJ Cove houses.

IJM Drain water Pipe Culvert Site to BJ Cove houses

IJM Drain water Pipe Culvert Site to BJ Cove houses

Waters stuck behind BJ Cove houses at IJM site 2018

IJM Drain waters gushing down to pipe culvert

Sinkhole at house 20 is covered up by IJM's underground pipe culvert from IJM Trehaus

The damaged houses are still pending, not being completely rectified to date !

Damages appeared after IJM began construction works in 2014, like hill clearing, rock-blasting, piling and digging culvert at Trehaus site. As a result, sinkholes appeared, floods, waters seepage through multiple cracks on the ground, walls, tiles fallen from roofs and popped up from the ground due to vibration from rock-blasting and piling works.

Sinkhole converted to manholes (2 in cycles) at BJ Cove houses are visible from the top of IJM Trehasu site

Pictures showing floods, sinkholes at Lintang Bukit Jambul 1, 11900 Penang, damaged to BJ Cove houses, cracks, waters leakages seeped through the cracks, slabs collapsed, ceilings & tiles broken & fallen, electrical DB board explosion, etc caused by severe soil erosion due to water movement under the road and buildings. The underground pipe leaked and waters seeped through the cracks!

A big Sinkhole near BJ Cove house no. 20

IJM converted the sinkhole into a manhole waters from their underground pipe culvert at Trehaus

These are IJM Manhole converted from Sinkhole:

Sinkhole at house 20 is covered up by IJM's underground pipe culvert from IJM Trehaus

IJM converting the Sinkhole into Manhole next to BJ Cove no. 20

Outside house drain and fence damaged by IJM during mitigation of Sinkhole

A big Sinkhole occurred due to invalid underground pipes culverts choked near house no. 20

Waters at the underground pipe culverts flown out from the house No. 20 to outside drain

Slabs collapsed due to cracks without compacted hardcore

Ceiling Board fallen due to strong vibration caused by IJM rock-blasting works 2014

Roof top Ceiling Board fallen due to strong vibration caused by IJM rock-blasting works 2014

Electric DB Board explored due to burst pipe waters seeped thru the wiring.

RM25k Kitchen damaged by concealed water pipes burst due to IJM Rock-blasting works 2015


Waters leaked from the burst pipes entered into Bedrooms Multiple Cracks in Bedrooms External drain and fence broken due to the sinking ground caused by the underground pipe culvert developed into Sinkhole (IJM Manhole from Trehaus site) just next to the house

Plumbers repaired the broken water pipes

Truth Be Told:

The truths be told, as echoed, reinforced and justified by recent events in Penang floods on 15th Sept 2017, Landslides in Tanjung Bungah on 21 October 2017, the storm on Nov 4 & 5 2017, floods again on Jan 5, 2018, and the Huge 'bleeding' landslide in Tg Bungah hill on May/June 2018 in related posts,

.... see more on links to following reports:

Penang hit by floods again !

https://youtu.be/ooyXvqmxbvw GEORGE TOWN: Some 20 houses located on a slope in Hong Seng Estate in Mount Erskine were flooded due

Hills, landslides, floods and damaged houses ...

Penang landslides & flooding are natural disasters man-made...

Penang floods and landslides, looking beyound natural causes!

Penang landslide, whose faults?

Penang Paya Terubong Residents living under shadow of fear!

Penang landslide tragedy, why it happened?

Penang landslide tragedy, plea went unheeded, no one listened !

Call to reassess Penang hillside projects, councillor addresses full council meeting of MBPP

Penang Forum-nominated councillor addresses full council meeting of MBPP

PAC blamed Penang Island City Council (MBPP) for failing to enforce laws on hillside development

We demand immediate enforcement & Actions to complete the remedial works:

1. The parties responsible must quickly without further delays, without condition to settle the claims and start the remedial works to the damaged houses, as both JPS has declared underground pipe culverts invalid and MBPP has issued stop work orders directed the developers, Worldwide Venture Sdn Bhd, a subsidiary of IJM Land to rectify the damages within 1 and 2 weeks time since 2015!

2. Enforce IJM's & MBPP' Letters/Stop-work Orders (attached in above), and divert waters from the two invalid underground pipe culverts deemed illegal at the IJM Trehaus site and nearby ponds which must be closed and grouted as a long term solution to the problems.

3. Enforce a fresh cease and desist to Stop Work of IJM Trehaus construction project until the structural damages to house at 20 Lintang Bukit Jambul 1, BJ Cove have been resolved and settled the claim for damages and distress caused by the fear and danger of living in the house, without further delays and their suffering more than four years since 2014. Repairs and remedial works must start promptly as more damages and suffering will fellow!

4. Beef up the enforcement and accountability not just in government agencies but also in professional bodies, like the Board Of Engineers Malaysia (BEM), the Institute of Engineers Malaysia (IEM), etc to uphold the professional ethics, integrity and standards, to ensure public safety of the buildings and people life.

5. The pond must be made a Dried pond for waters to flow out smoothly, because there was originally two natural rivers/streams in the area where waters will still be running/seeping through naturally under the ground.

6. Now, drain waters from IJM site are being channeled back their underground pipe culvert flowing to BJ Cove houses at Lintang Bukit Jambul 1 where a manhole next to house no. 20 constructed by IJM is not closed despite it has been declared invalid and illegal by JPS! This is a great concern to residents at BJ Cove houses. We want JPS and MPPP to close & grout the manhole promptly.

7. Damaged house owners firmly reserve all their rights to take all necessary legal steps against those responsible exclusion their liabilities.

Findings from Penang Forum

Dr Kam, a scientist, focused on expansion of impermeable surface area (caused by ill planned development and replacing natural ground cover such as hills, fields and trees that act as a water absorbing sponge) and soil erosion and landslides (caused by cutting and development in hill areas) as two factors that need special attention.

She quoted Datuk Kam U Tee, the Penang Water Authority general manager (1973~90), as having correctly explained the Penang floods of October 2008, as follows: the floods were caused by conversion of the Paya Terubong and Bayan Baru valleys into “concrete aprons that do not retain water. The water immediately flows into streams causing flash floods even with moderate rainfall. Because of hillcutting activities, the flowing water causes erosion of the slopes which carries mud and silt into the river beds”. ( The Star, Oct 24, 2008).

See more ....

Penang floods and landslides, looking beyound natural causes!

Credits - Slides presented by Environmental, health and safety consultant Aziz Noor, and scientist Dr Kam Suan Pheng at the Penang Forum event on Oct 29, 2017

See more ....

Penang bald Hillslopes a "time bomb"

Practise true CAT for Sustainable Development

Penang government must provide a COMPETENT flood mitigation plan for the state starting with a comprehensive Drainage Master Plan Study and not slogan.
The Penang government has to be ACCOUNTABLE to the people and not private developers. In other words, ‘Politicians should be ‘wakil rakyat’ and not ‘wakil pemaju’. If certain waterways and catchment areas have to be gazetted as permanent drainage and storage areas, then so be it.
The safety and well-being of the Rakyat has to come first. In the interest of TRANSPARENCY, Penang has to launch an inquiry into how the local council approved property developments on slopes without adequate slope protection.

See more ...

1. Wanted: Leaders who listen !
2. Sustainable Development in Penang
3. Call to reassess Penang hillside projects, councillor addresses full council meeting of MBPP
4. Penang landslide, whose faults?

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MBPP, contractor, engineers and DOSH named as responsible in fatal Penang landslide

Khoo Salma

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See more

nst.com.my

MBPP among four named as responsible in fatal Penang landslide

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Wednesday, August 30, 2017

Citizens' frustrations, Malaysian youths worry about future; MCA dares to face criticism

https://youtu.be/i4NtiDVrwvs

Citizen Liow' plays dual role in National Day video

国民 CITIZENS https://youtu.be/bR7xQMHrE3w

Myself and I: Citizen Liow (left) comes face-to-face with the politician in ‘Citizens’ in conjunction with National Day.

Malaysia is all about us - On The Beat

‘Citizen Liow’ vents his frustration in short film

KUALA LUMPUR: It is Datuk Seri Liow Tiong Lai as we have never seen him before – shabby, dispirited and a little rude.

Without his signature full-rim spectacles, Liow, playing an ordinary citizen in a video with a poignant but powerful message, vents his spleen about the country’s current mood.

From the hurtful balik tongsan comment to corrupt practices, Citizen Liow is determined to get his frustrations off his chest.

He even throws a fistful of sweets at a guest in his home. The guest is also played by Liow, who essentially portrays his everyday role of a politician.

The on-screen sparring between both Liows is a creative, yet brutally frank, account of the general sentiments of the local Chinese community.

It is almost painful to watch the heated encounter, but that is exactly why the six minute-long video Citizens is so compelling.

Producers Pete Teo and Liew Seng Tat did not attempt to paint a rosy and glowing picture even though the clip was meant for the upcoming National Day celebrations.

The video boldly addresses the grievances and fears of the Chinese community in Malaysia, which means there will inevitably be “anger, helplessness and conflict”, as Teo explained on his Facebook.

Liow, in his real life as Transport Minister, Bentong MP and especially MCA president, must have often been at the receiving end of the kind of harsh comments hurled by “Citizen Liow” in the clip.

“Politicians only know how to talk!” is perhaps the most common sweeping statement that disregards the efforts and contributions of community and government leaders. In the video, Liow the politician admits there are shortcomings.

The seasoned politician says: “I can find excuses and try to defend ourselves by saying that circumstances do not work in our favour, but no, I won’t do that.”

“We didn’t say there weren’t mistakes. We did not handle many things well, but it is not easy to rule a country.”

“We have seen many politicians from both sides dwelling on the negatives when support for them fades. This alienates the people even further,” he said.

With the National Day just days away, the video is a timely reminder to those with political ambitions to reflect on their vision for the country.

Similarly, the public can look back at the past 60 years of the country’s development, from a mining and agricultural-based economy to today’s multi-sector economy anchored in manufacturing and services.

Of course, there will always be challenges and sacrifices as we progress. Good governance is a must if we are to continue on that path of growth and prosperity.

But as Citizens reminds us, it is important not to lose hope. We must believe that our founding father Tunku Abdul Rahman’s vision of Malaysia will come true.

At the end of the video, “Citizen Liow” has a change of heart. He quietly retrieves the Jalur Gemilang from storage and displays it on his balcony, with his real-life wife Datin Seri Lee Sun Loo at his side.

When met by reporters yesterday, Liow was visibly pleased with how the video has turned out. He said the message he wanted to send through the video was for Malaysians to unite and work together to make the country a progressive nation.

“We love this nation. We are proud to be Malaysians and we are working hard to make this country a stronger nation. That’s the aspiration and message we want to send out,” he said.

By Tho Xin Yi The Star/ANN

‘Youths worry about future, not politics’

Future wave: Liow and Chong (second from left) sharing a light moment with students after the TN50 DialogueUTAR in the Sungai Long Campus.

CHERAS: Youths are more concerned about their future than politics. This is the feedback gathered during the recent TN50 dialogues with students from several universities, said MCA president Datuk Seri Liow Tiong Lai.

“However, I don’t think they are indifferent towards politics. They are aware of issues.

“For instance, they know that this is about TN50 and about a future that they want,” Liow said after attending a TN50 Dialogue @UTAR with 700 students at UTAR Sungai Long Campus here yesterday.

He cited education and health issues, including the ability to earn a decent living, as some of the aspirations raised by the students during the hour-long dialogue session.

Liow said it is crucial for youths to continue upholding the core value system practised by Barisan Nasional.

He added that Barisan’s core values such as consensus, mutual respect, unity, cooperation and harmony are shared by Malaysians.

“Barisan upholds values of consensus and mutual respect but DAP is sowing the seeds of hatred. The party is also sowing the seeds of anger towards the Government which is causing a split in our society,” he said.

Liow added that the Opposition lacked the core values and was now in a chaotic state.

There was a casual air about the dialogue session where students were asked by moderator MCA youth chief Datuk Chong Sin Woon to address Liow as “Ah Liow” and himself as “Ah Chong”.

Earlier during the dialogue, Chong warned students to be wary of fake news on social media.

“The reality is that most news on social media are fake.

“You should check the source and not blindly believe all that you read,” he said.

He also said that youths were more concerned about “bread and butter” issues rather that politics.

At another function, Liow said more skilled workers were needed as the country progresses.

“It is important for us to train more technical professionals. For MCA, we would like to expand VTAR Institute because of our significant growth in students from 100 to 700 in these few years.

“We will find the right place to expand VTAR and we hope to have more than 1,000 students here,” he told reporters after launching the PW2 wireman competency licence course at the institute in Setapak here yesterday.

VTAR is the vocational education arm of MCA.

Earlier during the function, VTAR CEO Tan Cheng Liang signed a memorandum of understanding with the Federation of Malaysian Electrical Appliances Dealers Association (Fomeda) president Gan Cheng Swee to run the PW2 programme. - The Star

'Citizen Liow' plays dual role in National Day video

国民 CITIZENS
https://youtu.be/4aL7AdI9qdU

A screengrab from the video short "Citizens".

PETALING JAYA: You're not seeing double – it really is Datuk Seri Liow Tiong Lai playing two roles in a National Day video by producers Pete Teo and Liew Seng Tat.

The six minute-long video short entitled Citizens was released on Monday in conjunction with the upcoming National Day celebrations.

In the video, he portrays himself in his everyday role as Transport Minister, having a no-holds-barred conversation with a citizen who has grouses about the way the country is run – a role also played by Liow.

Liow, the minister, is smartly dressed in a long-sleeved shirt and slacks, while "Citizen Liow" is dressed very casually, with his hair a little unkempt and wearing a grey T-shirt, without spectacles.

Teo, in a Facebook post on Friday, said the project took months to put together.

"Largely this was because the script required a Federal Minister who had the gumption to submit to what we wanted to shoot.

"We kept trying and eventually found our man," he said.

Teo said they did not want to make a film that could be confused for a "tourism video."

Citizens reflects the current mood of the country, especially the fears of the Chinese community.

"It would therefore have to contain anger, helplessness and conflict. Yet it must contain hope – for we are even now not without hope – and so the film should also unite us in hope across the political spectrum," said Teo.

This is not Liow's first film. He previously acted in other 15Malaysia and Hari Malaysia shorts, also produced by Teo.

"What is different this time is that while he was civilly treated as a cabinet minister before, he will be brutalised this time; and while he was stereotyped as a politician before, he is now a human being – filled with the same fears, regret, conflicts and hope as all of us," said Teo, adding that he thought long and hard about the casting.

Also making an appearance in the film is Liow's wife Datin Seri Lee Sun Loo.

Teo said that it took courage for Liow, who is MCA president, to act in the film especially since he and MCA "are deeply maligned in sections of the Chinese community".

‘Citizens’ Liow trends at second spot

PETALING JAYA: As Pete Teo expected, his National Day video in which Datuk Seri Liow Tiong Lai plays two roles is gaining traction among Malaysians.

The six-minute clip Citizens clinched the second spot on YouTube’s Malaysian trending list as at yesterday afternoon. It had 127,766 views, trailing Taylor Swift’s new music video. The rest were content related to SEA Games.

In the video, Liow, 56, portrays himself as the Transport Minister having an honest conversation with a citizen, also played by Liow, who has grouses about the way the country is run.

Teo, who produced the video with Liew Seng Tat, was glad to see it attracting attention.

“We expect the video to do well, because we think it is a good video and it has something important to say that goes beyond party politics,” he told The Star.

Teo said there were twice as many likes as dislikes.

He applauded Liow for being able to rise above his persona as MCA president and act as an ordinary citizen.

The video was released on Monday in conjunction with National Day celebrations.

Meanwhile, Tan Sri Pheng Yin Huah said the video was “unpretentious and right to the point” and therefore, was well received by the community.

The Federation of Chinese Associations Malaysia (Hua Zong) president said it rightly captured the country’s current situation.

“A main point stressed is that the situation warrants the need for us to listen to each other, consolidate our strengths, stay united and be loyal to our country.

“This is a way to overcome the challenges, instead of just venting our frustrations,” Pheng said.

Apart from acknowledging the people’s disappointments and empathising with them, he said Liow had been tirelessly reaching out to the community to guide and help them in whatever ways possible.

Pheng pointed out that Liow had to draw on the party’s strengths and his role in the Government to help the community effectively.

In conjunction with National Day, Pheng said it was timely for all Malaysians to reinforce respect, love and tolerance among themselves and for the country so as to move forward together.

'Citizen' producer all praise for Liow - Nation

PETALING JAYA: The producer of the National Day video titled Citizen says it was brave of Datuk Seri Liow Tiong Lai to come onboard a production which had an “edgy” script.

Saying he would absolutely cast the Transport Minister in such a role again, filmmaker Pete Teo (pic) brushed aside some of the adverse comments on the casting choice.

“We think he did a great job playing the dual role of minister and citizen.

“That his casting is controversial has nothing to do with the job he does.

“We hope Datuk Seri Liow’s contribution will at least be acknowledged in the good spirit that it was given,” Teo said when contacted.

Teo, who produced the clip with writer-director Liew Seng Tat, said they had expected some form of backlash as soon as they decided that the role would be best played by a real-life politician.

“The fact that we eventually cast a Barisan National politician is besides the point, really. If we had picked an Opposition politician, the situation would be the same, except the accusations would be from Barisan supporters.

“So in a way, it was a no-win for us unless we had cast an actor,” he pointed out.

According to Teo, the film would have lost immediacy if they had cast an actor to play the role.

“So the decision was made to cast a politician. In fact, our choices were more limited than that because the script ideally required a Federal Minister.

“This narrowed down the choice to only several people. In the end, Datuk Seri Liow agreed to play the role and we went with him,” he added.

Teo said through the film, he and Liew wanted to drive home the message that it was important not to lose hope and to stay united when the going got tough.

“As said in the film’s opening lines, the last decade or more have been tough for the country. Non-Malay communities, in particular have felt alienated, helpless and fearful.

“That is why we are getting such hyper-emotive response to a Merdeka PSA film promoting hope and unity featuring a serving Cabinet minister from the MCA.

“It would be easy to dismiss these aggressive social media outbursts as rantings of opposition cybertroopers, but these are real people with real grievances,’’ he added.

Teo, a multiple award-winning singer-songwriter, also praised Liow for having the courage to be involved in a film with “brutally frank dialogue”.

“Many have ignored the fact that the minister explicitly said in the film that he doesn’t mind who citizens voted for as long as they let their conscience be their guide.

“This is a massively important statement. It underlines our film’s non-partisan credentials,” Teo said.

In the six-minute video, Liow portrays himself in his everyday role as Transport Minister, having a no-holds barred conversation with a citizen who has grouses about the way the country is run – a role also played by Liow.

The video clocked in more than 200,000 views in four days since it was uploaded on YouTube.

'MCA dares to face criticisms' , Liow: We understand the voices and feelings of the people

https://youtu.be/zJWcdKjcDgQ

Liow chatting with China’s Ambassador to Malaysia Dr Huang Huikang.

KUALA LUMPUR: MCA understands the voices and feelings of the people and dares to face criticism, said Datuk Seri Liow Tiong Lai.

The party president said having understood the people’s grievances, MCA is committed to overcoming the problems.

“I must stress here that I am aware of the people’s opinions and feelings. Therefore, I am willing to face the reality as I know that is the only way for us to change for the better,” he said.

Liow, speaking at the Blossom Arts Festival Malaysia (BAFM) 2017 awards ceremony and closing at Wisma MCA last night, was responding to some of the responses towards his double role in “Citizens”, a National Day video.

https://youtu.be/4aL7AdI9qdU

In the clip produced by Pete Teo and Liew Seng Tat, Liow portrays himself as the Transport Minister having an honest conversation with a citizen, also played by Liow, who has grouses about the way the country is run.

Liow also explained that the video aimed at telling people to have faith in the country and never give up, besides showcasing the inner voices of a Cabinet minister and a layman.

Liow added that MCA is steadfast in performing its role in Barisan Nasional.

“We will continue to be the defender of the Federal Constitution, the corrector and the balancing force against hegemony.

“History would reveal that during critical moments, be it fighting for citizenship, persistency on multi-stream education, pushing for the establishment of National Economic Action Council or the recent movement against PAS’ Private Member’s Bill to amend Act 355, MCA has been consistent in playing its role in Barisan,” he said.

Meanwhile, MCA vice-president Datin Paduka Chew Mei Fun said the next edition of BAFM would be put on hold pending the general election.

“My comrades and I, as well as MCA staff, must turn our full attention towards preparing for the coming general election,” Chew, who is also the Malaysian Chinese Culture and Arts Consultative Council chairman and BAFM organising chairman, said.

Big celebration: Drummers performing during the closing ceremony of the Blossom Arts Festival Malaysia at Wisma MCA. (Right) Liow chatting with China’s Ambassador to Malaysia Dr Huang Huikang.

She said BAFM has received the attention of foreign academicians.

Chinese University of Hong Kong’s Department of Cultural and Religious Studies, for instance, sent professors and students to observe the event, she added.

“If we persevere, we are confident of becoming a household name and a premier event among artists,” she said in her speech.

The month-long BAFM concluded yesterday. Also present at the event was China’s ambassador to Malaysia Dr Huang Huikang.

By Yimie Yong The Star Online

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Sunday, August 27, 2017

Corruption has no place in any culture

LATELY, we have been seeing many photographs and a lot of video footage of handcuffed men and women in orange T-shirts bearing the words “Lokap SPRM”.

These are people who have been arrested by the Malaysian Anti-Corruption Commission (MACC) in connection with its investigations. Lokap SPRM is the Bahasa Malaysia term for the MACC lock-up.

Some of these men and women have been or will be charged in court for offences such as offering or soliciting bribes and abuse of power. If they are guilty, they will be punished.

But what if the wrongdoing is partly to do with how the private sector operates?

If businessmen believe that greasing someone’s palm is an acceptable way to get ahead of the competition, and if a company’s culture tolerates or even encourages corrupt practices, why should the employees be the only ones held accountable when the authorities enforce the law?

It is not easy, however, to prove that a company has criminal intent.

This will matter less if there are provisions in the law that deem companies responsible if employees commit certain offences in the course of their work.

This concept of corporate liability for the crimes of employees has been introduced in countries such as the United States, Britain and Australia.

Malaysia has long talked about introducing such provisions.

In July 2013, for example, Minister in the Prime Minister’s Department Datuk Paul Low said the Government wanted to introduce a “corporate liability law”.

The idea is to hold boards of directors and CEOs of companies responsible for bribes given by their employees unless it is proven that there are measures in place within the organisation to prevent corruption.

Since then, Low and senior MACC officers have several times brought up this matter.

It appears that the plan is to either amend the MACC Act or to come up with a fresh piece of legislation.

At one point, Low said the Bill would be tabled by March this year and that the new provisions would come into effect in 2018.

However, the draft legislation has yet to reach Parliament.

The latest update was from MACC deputy chief commissioner (operations) Datuk Azam Baki, who was quoted in a Sin Chew Daily report this week saying that the Cabinet had approved the Bill for the Corporate Liability Act and that it would be tabled in October.

It is understandable if the business community is less than enthusiastic about this.

There is always the fear that an employer will be unfairly blamed for an employee’s lack of integrity.

There is also the well-worn argument that complying with additional rules and regulations will increase costs amid already challenging conditions.

It is likely, however, that the new provisions are applicable only if the companies cannot demonstrate that they have done all they can to prevent the offences, or if they are negligent in addressing the risks of such offences being committed.

We will have to wait and see.

Meanwhile, businesses should examine their practices and procedures.

It is definitely in the best interest of a company to ensure that its employees understand well that corruption is not part of its corporate culture.

For that matter, corruption should not be part of any culture.

- Sunday Star Says

Amend MACC Act to give it more bite

TRANSPARENCY International Malaysia (TI-M) hails the call by the Malaysian Anti-Corruption Commission (MACC) to amend Section 23 of the MACC Act 2009 to give it greater clarity so that corrupt practices and other related offences could be better tackled especially in state-owned enterprises (SOEs).

As stated by MACC deputy commissioner (Operations) Datuk Azam Baki, MACC needs more bite to act against corrupt public officials including ministers, assemblymen and politicians.

TI-M also supports MACC on the recently proposed new law known as “Misconduct for Civil Service Act”, where civil servants who caused substantial financial losses to the Government due to negligent acts or non-compliance with official policies or procedures would face criminal charges under this proposed new Act.

TI-M has been advocating for these amendments to the existing MACC Act for the past several years and hopes to finally see the light at the end of the tunnel.

Section 23 of the MACC Act 2009 prohibits “an officer of a public body” or public officials from abusing their power for any gratification for themselves or for their relatives. TI-M shares Azam’s opinion that many politicians are being appointed into SOEs and public interest entities (PIEs).

In addition, TI-M is also looking forward to the inclusion of the corporate liability provisions into the MACC Act 2009, which will ultimately hold companies accountable for corruption cases involving their employees.

Currently, when an employee is caught for corruption or bribery, he or she will face the consequences and can be charged individually. The company which the respective employee works for is not held liable for its employees’ acts, as in law the company not being a human person is not capable of having criminal intent.

With the introduction of the corporate liability provisions, companies can be held accountable for their employees’ involvement in corruption or bribery if they are found to have failed to take adequate steps to prevent such corrupt acts by their employees.

When this becomes a reality, employers in the private sector would have no choice but to initiate anti-corruption programmes in their companies/organisations to mitigate and eventually eradicate corrupt practices.

TI-M, meanwhile, has been encouraging companies in the private sector to adopt the ISO 37001 Anti Bribery Management System as an initiative to put in place all the preventive controls and systems while simultaneously getting the top management to commit to the elimination of any form of bribery in their organisations.

On the proposed Misconduct for Civil Service Act, any effort or law to address misconduct which results in loss of taxpayers’ money should be lauded.

However, we would like to raise the issue of whether the proposed law should only apply to civil servants. What about instances where orders or instructions come from politicians or persons in elected positions? Should they not also be held liable if proven to be involved?

Any proposed law should fairly apply to everyone involved in the decision-making process, and that includes politicians.

Azam has been reported saying that each year, the AuditorGeneral’s Report reveals a litany of malpractices among government departments and agencies, some of which are outrageous, for which the civil servants responsible should be charged with criminal offences instead of just disciplinary action under the domestic rules applicable to them.

TI-M supports these new measures proposed by the MACC and hopes that the Government will give due consideration and also fully support the same by effecting the necessary changes in the law. This would ensure that we plug the existing loopholes in our anti-corruption laws.

DATUK AKHBAR SATAR President Transparency International Malaysia

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