Tuesday, March 3, 2009


Let reps who quit to contest, says Dompok


United Pasokmomogun Kadazandusun Murut Organization President Tan Sri Bernard Dompok has called for a review of the Federal Constitution to allow people’s representatives who vacate their seats to contest again.

The proposed anti-hopping law and the present provision in the Federal Constitution which bars State Assemblymen and Members of Parliament who have resigned to stand in an election for another seat in the same House had to be reconciled, he said.

If not, the anti-hopping law would bring injustice to the representatives who really fought for the people, said Dompok who is Minister in the Prime Minister’s Department.

“Now, elected representatives who vacate their seats have no opportunities to test their influence or obtain feedback from the people. In this respect, it is good if the voters were to determine the position of the representatives,” he told reporters after launching his party’s Natural Disaster Fund here yesterday.

Many quarters have called for the enactment of anti-hopping laws after Bota Assemblyman Datuk Nasaruddin Hashim in Perak quit Barisan Nasional and crossed over to Parti Keadilan Rakyat.

- Bernama

Thursday, February 5, 2009



According to Bob Teoh in My Sin Chew “Some thought it a joke that a Black man can be in the White House. But Barack Obama proved everyone wrong. So can an Iban, Kadazan, Kenyah, Dusun, Chinese, Indian, Orang Ulu, Orang Asli dan lain lain lagi be prime minister of Malaysia? “

Yes, anyone can be PM in Malaysia, said Prime Minister Abdullah Ahmad Badawi.

"It is up to the people to decide, just as the Americans had done through the democratic process," he told reporters while extending his congratulations to U.S. President-elect the day after his unprecedented victory.. PAS spiritual adviser Nik Abdul Aziz Nik Mat also commented of Obama‘s victory “"It was a victory of sorts for Islam because Islam did not differentiate between race or creed," "That is why Obama's victory is groundbreaking. It also proves there is no such thing as the superior race of the Caucasian. Everybody shares equality in Islam," he said.

So can anyone become Prime Minister of Malaysia? Yes according to Dr Mahathir. It does not matter if the Prime Minister is Malay or non-Malay, as long as he enjoys the trust of all Malaysians. Former Prime Minister Tun Dr Mahathir Mohamad said there was no specification in the country that a Prime Minister must be a Malay.

“But when you talk about having a non-Malay as a PM, you are being racist yourself because you shouldn’t ask the question if one is Malay or non-Malay.

“If he is acceptable to all Malaysians, yes, he can become PM. The specification is that he must be the leader of a majority party and if he can be such a leader of that majority party. Don’t ask if he is Malay, Chinese or Indians,” he told reporters after delivering a keynote address on “Bangsa Malaysia” at the Perdana Leadership Foundation on Wednesday.

However, Dr Mahathir said it was wrong to assume that race-based politics were no longer relevant.“Race-based politics is still relevant. We are still not united if we can’t even a vision school for all children from various races to attend together. As long as there is such sentiment, we won’t be able to have Bangsa Malaysia.


It is correct t hat the Federal Constitution does not prohibit anyone who is qualified from becoming Prime Minster of Malaysia. This is found in Article 43 of the Federal Constitution which reads:-

43. Cabinet

(1) The Yang di-Pertuan Agong shall appoint a Jemaah Menteri (Cabinet of Ministers) to advise him in the exercise of his functions.

(2) The Cabinet shall be appointed as follows, that is to say:

(a) the Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House; and

(b) he shall on the advice of the Prime Minister appoint other Menteri (Ministers) from among the members of either House of Parliament,

but if an appointment is made while Parliament is dissolved a person who was a member of the last House of Representatives may be appointed but shall not continue to hold office after the beginning of the next session of Parliament unless, if he has been appointed Prime Minister, he is a member of the new House of Representatives, and in any other case he is a member either of that House or of the Senate.

(3) The Cabinet shall be collectively responsible to Parliament.

(4) If the Prime Minister ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-Pertuan Agong dissolves Parliament, the Prime Minister shall tender the resignation of the Cabinet.

(7) Notwithstanding anything in this Article, a person who is a citizen by naturalisation or by registration under Article 17 shall not be appointed Prime Minister.


Is Singapore ready for a non-Chinese PM?

From Malaysia we switch over to Singapore. The recent announcement of Mr Tharman Shanmugaratnam’s promotion to Finance Minister — in addition to his current Education portfolio — set many tongues wagging as to whether he might be the successor to Prime Minister Lee Hsien Loong many moons from now.

This in turn sparked a debate in the Straits Times as to whether Singaporeans (read: the Chinese-speaking majority) are ready to accept and support a non-Chinese prime minister.
This isn’t the first time this issue has surfaced. Mr Lee Kuan Yew once said that former Cabinet Minister S. Dhanabalan was one of the four men he considered as his successor, but decided against him as he felt Singapore was “not ready” for a non-Chinese prime minister. That was almost 20 years ago. Only time will tell whether a “Obama“ type Ptime Minister can emerge from Singapore


For those who are getting high on Obama’s victory, you need to consider this. It is one thing to win an election. It is another thing to stay in power. Consider the bitter experience of Fiji.

Voyagers from the east settled Fiji at least 2,500 years ago. Some of their descendants later moved on to settle the Polynesian islands to the west. The first known European contact came when the Dutch navigator Abel Tasman sighted the Fiji group in 1643. European sandalwood traders, army deserters, and shipwreck survivors also landed on the islands during the first half of the 19th century, a period in which the chiefs of Bau rose to a dominant position. Protestant missionaries from Tonga arrived in 1835, and French Catholic priests in 1844. After a few chiefs had been converted, more and more Fijians embraced Christianity, usually in the form of Wesleyan Methodism.

In the course of a civil war in the 1850s, Cakobau, the most powerful chief in Fiji, combined forces with the king of Tonga to become paramount chief of western Fiji. The growing presence of Europeans contributed to political and economic instability. In 1871, some 3000 Europeans supported Cakobau's claim to rule as king of all Fiji, but unrest continued. Cakobau's government appealed to Britain for assistance and, on 10 October 1874, Fijian chiefs signed a Deed of Cession making Fiji a British Crown Colony.

From 1879 to 1916, more than 60,000 laborers from India arrived to work on European-owned sugar plantations, and by 1920 they had settled as free farmers. European settlers were granted elective representation in the Legislative Council in 1904, and Indians were admitted in 1929. Ethnic Fijian representation was based on traditional hierarchies until 1963, when the council was reconstituted; the franchise was extended to women, and direct election of Fijian members was provided for. On 10 October 1970, Fiji became a sovereign and independent state within the Commonwealth of Nations, with Kamisese K. T. Mara, head of the Alliance Party, as prime minister. He and his majority party won elections in 1972, 1977, and 1982, but lost the April 1987 elections to a coalition of the Indian-based National Federation Party and the Labour Party. The new government was short-lived, however. Within a month, it was toppled by a military coup led by Lt. Col. Sitiveni Rabuka and aimed at restoring political leadership to ethnic Fijians. On 20 May thousands of rioting Fijians attacked Indians. Under a compromise reached the next day, the governor-general temporarily was to head the government, assisted by an 18-member advisory council, including the coup leader and former Prime Minister Mara. Elections were to be held within six months, and the council was to propose constitutional revisions that would safeguard the political dominance of indigenous Fijians.

On 25 September 1987, however, Rabuka led a second coup. He subsequently suspended the constitution, dissolved the parliament, and declared Fiji a republic. The governor-general, Ratu Sir Penaia Ganilau, was appointed president of the republic, and Mara was reappointed prime minister. Full civilian rule returned in January 1990 when Rabuka gave up his position as minister of home affairs and returned to barracks as head of the armed forces.

The second coup in 1987 and the adoption of the 1990 constitution, which favored ethnic Fijian control of the government, led to heavy Indian emigration, especially among those Indians with sufficient capital to move. This emigration caused serious economic difficulties for Fiji, but it also ensured that the native Fijian population became the majority. In May of 1992 the Soqosoqo ni Vakavulewa ni Taukei (SVT) or the Fijian Political Party, led by now Major-General Rabuka, won 30 of the 37 seats reserved for ethnic Fijians. Rabuka formed a coalition government with the General Voters Party (GVP) and with the informal support of the Fijian Labour Party (FLP), and became prime minister. After President Ganilau's death in December 1993, the Council of Chiefs elected Ratu Sir Kamisese Mara as the new president in January 1994. Rabuka's government fell in November 1993 when the legislature defeated the government's

budget. New elections were held in February 1994. The SVT won 31 seats, and Rabuka was able to form a coalition government with the GVP. However, Rabuka's hold on power was tenuous as pressure mounted from within and outside the country for constitutional reform.

Beginning in 1995, a Constitutional Review Commission spent almost two years to develop a system that would avoid purely ethnic politics and, at the same time, take account of the concerns of the native Fijian community. Its recommendations were unanimously adopted by Parliament in July 1997. In 1999, parliamentary elections were held that resulted in a government led by Mahendra Chaudhry, leader of the Fiji Labour Party (FLP), who became the first Indian prime minister of Fiji.

On 19 May 2000, George Speight, a failed businessman and son of Sam Speight, an opposition member of Parliament, took Parliament by show of force and held Prime Minister Chaudhry and most of his multiracial cabinet hostage for 56 days. In exchange for the hostages' release, the military—which imposed martial law during the crisis—agreed to replace Chaudhry's government, grant an amnesty to the rebels taking part in the coup, and to abolish Fiji's multiracial constitution. One of Speight's demands was a new constitution that would only permit indigenous Fijians to hold the posts of prime minister and president. The coup resulted in widespread civil unrest and attacks against ethnic Indians, and caused a drop of 41% in tourism. Speight and 369 of his supporters were arrested in July 2000, and the military installed ethnic Fijian Laisenia Qarase as prime minister in a caretaker government. He was charged with organizing Fiji's next general election and drawing up a new constitution. Eighteen political parties fielded 351 candidates for office in parliamentary elections held in August and September 2001. Qarase was elected prime minister as the head of his newly created party, the nationalist Soqoso Duavata ni Lewenivuana Party (Fijian United Party or SDL), which took 32 out of 71 parliamentary seats. Qarase's campaign focused on indigenous Fijians' fears of political domination by ethnic Indians, who make up 44% of the population. Almost all ministers in Qarase's new government were indigenous Fijians. In February 2002, the Fijian Supreme Court ruled that Laisenia Qarase had to include ethnic-Indian members of the Fiji Labour Party in his cabinet. As of January 2003, more than 14,000 ethnic Indians left the country since the May 2000 coup, mainly professionals and skilled workers.


For 200 years, the head of state in the United States has always been a White man (never a woman) until Barack Hussein Obama had the audacity the change all that. That's amazing given that it was not too long ago that people like Obama was not even allowed to vote let alone become President of the most powerful nation on this planet. We are only 44 years old. Will change will take it little while to come or will it come quickly. Only time will tell.

Wednesday, February 4, 2009



Although most transactions between meeting planners and suppliers today are created by the exchange of paper, this traditional way of doing business is rapidly changing and totally electronic or “cyber” contracts are now a reality.
By contracting on-line, businesses can improve efficiencies, reduce paperwork, and streamline their operations. At the same time, however, new technologies create challenges for the legal system, which must try to apply existing law in a new context.
Take the following hypothetical exchange of e-mails:
Planner to Hotel:
Can you handle 100 room and meeting space for 150 schoolroom setup on March 11 and 12, 2008.
Hotel sales person to Planner
Yes we can handle it. I’ve checked the books and everything is clear.
Planner to Hotel:
Great!, we’ll take it.

Can the above exchange create a contract? Certainly. But several legal issues arise, many of which are the same as encountered in traditional contracts: What are the exact terms of the contract? Is it enforceable? What happens if a message is garbled or sent in error? What if one of the messages was unauthorized or sent by an impostor? The Internet hasn’t changed the basic rules of contract law. Contracts can be formed by oral or written agreement and they can be implied by conduct of the parties. With the advent of on-line communications, they can be formed electronically. A “cyber”, or electronic contract is a contract created wholly or in part through communications over computer networks. A cyber-contract can be created entirely by the exchange of e-mails where an offer and an acceptance are evident or they can be made by a combination of electronic communications, paper documents, faxes and oral discussions. If a planner and supplier exchange promises by e-mail the law will interpret this agreement the same way it would interpret a more traditional contract written on paper. Parties to an electronic contract should be just a careful in articulating the terms as they would be in traditional contracts.

The daily news is full of headlines detailing the latest computer scam causing someone to lose a lot of money. The biggest concern in electronic communication is the identity and authority of the person on the other side of the transaction. It is a simple matter for a person to adopt a pseudonym on-line or to send an electronic message that appears to come from someone else. This person could be anyone from a curious competitor to a dishonest person with too much time on their hands. It could even be a disgruntled former employee.
For those who want to engage in on-line contracting, two major issues arise: (1) How can you be sure that the person with whom you are communicating is the person he or she claims to be? and (2) Can an impersonator bind you to an electronic contract?
Since electronic communications does not involve business cards, letterhead or corporate seals it is impossible for one party to determine the other party’s authority to book a meeting or sign a contract. Just because someone has a corporate e-mail address and says they are the executive director, vice-president of special events or director of meeting planning does not make it so. Parties to an on-line contract must still exercise due diligence to ascertain who they are dealing with on the other side. The development of digital signatures is helping to solve this problem.
Everyone is (or should be) concerned with someone else impersonating them and fraudulently signing their name to contracts. The key issue of course is who, if anyone, is bound to these contracts. Under current law a forged signature will only bind the forger, not the party being impersonated. The other party to the transaction, however, may be left holding an empty bag if the impostor can’t be caught or identified or if the impostor is in no position to perform on the fraudulent contract. The exception to this is if the real party ratifies the signature or was somehow negligent and contributed to the forgery. This is just as true in on-line contracts as it is in traditional paper contracts. These issues are not unique to on-line communications. Impostors and persons without authority operate in paper transactions as well. The difference is that in on-line communications there is greater anonymity and greater ease in perpetrating fraud without a great deal of financial investment. Technology companies and lawmakers are dealing with these issues daily and the result is new techniques to combat the potential for fraud in on-line communications. As mentioned above, one of these new techniques is the creation of digital signatures. A digital signature can provide assurance that the communication was sent by a known party and not an impostor.

As a general rule, contracts do not have to be in writing or even signed by either party to be enforceable. Contracts may be formed by conduct of the parties and may be oral unless they are required by law to be in writing sufficient to indicate that a contract has been made between the parties. The definition of a writing is not limited to ink on paper. Rather, the essence of the requirement is that the communication be reduced to a tangible form. Electronic transmissions recorded in a tangible form should meet the writing requirement. To ensure this result it is probably necessary to preserve electronic communications, such as e-mails, in printed form or in a computer log.
In many cases, the law requires that an agreement be both in writing and signed by the person who is sought to be held bound in order for that agreement to be enforceable. If two parties are entering into a contract on-line, these writing and signature requirements may apply.
Generally, a signature is “any symbol executed or adopted by a party with present intention to authenticate a writing. Therefore, a signature need not be ink on paper--rather, the issue is the intent of the signer. A symbol or code on an electronic record, intended as a signature by the signer, should be sufficient. Digital signatures should certainly do so.

Most persons are comfortable with traditional contracts because of the security and familiarity with paper documents and handwritten signatures. In on-line contracts the security factor has been missing in the past and there is not much familiar with electronic lines of type. In other words, it is easy to be a victim of fraud when conducting business entirely on-line. The technology industry recognized early on the pitfalls inherent in online communications. They have risen to the occasion by creating systems and procedures for satisfying the business and legal requirements of authenticity, integrity, nonrepudiation, writing and signature, and confidentiality. The primary tool in use is digital signatures. A digital signature is an electronic substitute for a manual signature and is generated by a computer rather than a pen. It serves the same functions as a manual signature, and a lot more.
A digital signature is not a replication of a manual or typed signature such as “signed, John Tan”. In technical terms, digital signatures are created and verified by a special application that generates cryptographic messages. Cryptography is a branch of applied mathematics and involves transforming clear messages into seemingly unintelligible forms and back again. For digital signatures to work, two different translation keys are generally used. The first, called a public key, creates the digital signature by transforming the data into an unintelligible code. The second key, called a private key, verifies the digital signature and returns the message into its original form.
A person’s public key is distributed by the person to other’s with whom they do business. One way of accomplishing this is to post the public key on an organization’s web page for anyone to access. A public key can also be attached to the document being executed. Individual’s using a digital signature will also have a private key that is known only to that individual, or a limited number of corporate officers. The private key is used to create the digital signature. The document’s recipient must have the corresponding public key in order to verify that the digital signature is the signer’s. This system is totally secure as long as the private key is kept private. This is because a digital signature is derived from the document itself. Any change to the document will produce a different digital signature.
A digital signature has many advantages over a manual signature. Both are used to signify authorship. acknowledgment and acceptance of terms. A digital signature, however, also serves an important information security purpose that a manual signature cannot. Digital signatures allow the recipient to determine if the digitally signed communication was changed or not after it was digitally signed. This feature provides integrity and authenticity to a communication that a manual signature does not. Additionally, a message sender can include information about the sender’s authority and job title as well as the sender’s identity encrypted into their digital signature.

A sender must first create a public-private key pair before an electronic communication can be digitally signed. As mentioned above, the sender discloses his or her public key to the recipient. The private key is kept confidential by the sender and is used for the purpose of creating a digital signature. The entire process is started by the sender who runs a computer program that creates a message digest (technically known as a one-way hash value). The program then encrypts the message digest using the sender’s private key. The encrypted message digest is the digital signature. The sender attaches the digital signature to the communication and sends both electronically to the intended recipient.
When the digitally signed communication is received the recipient’s computer runs a computer program containing the same cryptographic mathematical formula that the sender used to create the digital signature. The digital signature is automatically decrypted using the sender’s public key. If the recipient’s program is able to decrypt the digital signature successfully, he or she knows that the communication came from the purported sender. Further, the recipient can tell if a communication has been altered or tampered with because the recipient’s program will create a second message digest of the communication. This second message digest is then compared to the original message digest. If the two match the recipient has now verified the integrity of the message. Messages, of course, can be a few sentences long or an entire facility contract.
This system is virtually foolproof as long as the public key used by a sender can be verified as indeed belonging to that sender versus an impostor. This potential risk has been solved by the use of third parties to verify an individual’s public key. Such a third party is called a certification authority. Several national companies serve in this capacity for individuals and organizations for a nominal fee.


If the proper guidelines are followed, digital signatures should meet all of the legal requirements for electronic contracts. Although we are still primarily dependent on the use of paper in creating contracts, the full use of electronic or “cyber-contracts” is probably not far away. Such cyber-contracts will not take the place of full scale negotiations but they will definitely speed up the end game of signing contracts once the details are agreed to by the parties. Human history in a sense is a story of technology from flint stones to that of genetic clones. The tribulations and triumph of such a journey, which will continue in the future, has one aspect constant at its core - ‘the laws that govern them’.
The cyber revolution holds the promise of quickly reaching the masses as opposed to the earlier technologies, which had a trickle down effect. Such a promise and potential can only be realized with an appropriate legal regime based on a given socio-economic matrix. In the ambit of technology and law, law has always been at the curve of the highway chasing the developments of technology and ends often issuing violation tickets. Law needs to provide a road map to technology with appropriate signals and speed breakers for its safe driving. The need of the times is that law needs to travel along with technological developments if not in advance. Such an effort can make law as a management tool, of rights and obligations in the interface of technology and business and administration.




A security guard was fined RM25 in default three days’ jail by the Magistrate’s Court here yesterday for threatening a man. Sofian b Akan, 33, pleaded guilty before Magistrate Mohd Faiz Omar to threatening Zulkaiman b Zaman, a labourer, by saying “where’s father? I want to beat him up”.

Sofian committed the offence on January 30 this year about 9pm at the Kampung Sembulan mosque area here. He was charged under Section 8 (1) (e) of the Minor Offences Ordinance which provides a fine of RM25.
Meanwhile, the court will set the dates for the trial of four local men who denied causing hurt to another man. Alleminur Mohd Said, 27, Kennedy Yap Meng Sion, 26, Sabri Sunaru, 18, and Foo Mm Fung, 25, pleaded not guilty to a charge of causing hurt to Japalinus b Jacabus, 21, with a belt.

The four men allegedly committed the offence on January 18 this year about 330pm at an unnamed lodging place in Lorong ,Berjaya, Bandaran Berjaya here. The court set March 2 for fixing the tñal date for Sabri and Foo, while Alleminur and Kennedy’s trial dates will be fixed on March 11 and March 16 respectively.

The court granted Alleminur RM1,000 bail deposited under two local sureties, while Kennedy, Sabri, and Foo were granted RM1,500 bail each deposited under two local sureties. The four men were charged under Section 324 of the Penal Code which provides a jail sentence of up to three years or a fine. Inspector Zamri b Zakaria was the prosecuting officer in all the cases.




A 26-year-old man was sentenced to 13 years’ jail plus RM1O,000 fine or six months’ imprisonment in default for stabbing to death a 23 year-old man.

Sessions Court Judge India b Hj Ayub, who meted out the punishment to Saripudin Bin Hami after the submission by Deputy Public Prosecutor APP Mohd Fillanny bin Siji, said the sentence was fitting, as nobody who committed such crime should seek mercy from the Court.

Saripudin committed the crime on February 13, 2006 around 3pm at the badminton court in Ladang Tung Hup, LP7, Kinabatangan when the victim was having a badminton game with fellow workers.

At the time, when the shutter cock dropped to the ground, the accused picked it up and stopped the badminton game, prompting the victim to rush and attempt to take back the shuttle cock.
In the ensuing scuffle, the accused pulled out a Bugis knife from the right side of his waist and stabbed the chest of the vitim as the co-workers at ladang Tung Hup watched in horror.
The victim was also stabbed in his back, and the motive was the accused suspected the victim was having sexual relationship with his (accused’s) wife.

The victim suffered massive. bleeding and was pronounced death upon arrival at the hospital in Kinabatangan. Saripudin bin Hami was prosecuted and charged under Section 304 (a) of the Penal Code.




The Higher Education Ministry will be holding a two-day Education Carnival 2009 next week. The event, jointly organised by the Education Ministry, will be launched on Feb 14 at 1Borneo by Higher Education Minister Datuk Seri Mohamed Khalid Nordin.

The programme, themed ‘Let’s Enter the U”, is intended as a one-stop centre for students and the public to obtain more information on higher education opportunities, accreditation, sponsorships and education costs.
Various activities will be held during the carnival that include exhibition, forum, counseling services and quizzes Among the participants in the carnival are local colleges, National Higher Education Fund Corporation (PTPTN), Human Resources Department and Public Services Department.




The Government has been urged to take immediate measures to overcome the worsening traffic congestion in the district. “Road users have to spend hours on the road to get to their workplace and to get home.” said SAPP Silam Zone Chief Kassim Sulaiman yesterday.

“The Government must give priority to solve this problem for the convenience of Lahad Datu people here,” he said in a statement.

Kassim also urged the Government to expedite the construction of the proposed Lahad Datu coastal highway that has been put on hold for many years now, to ease the flow of the traffic between the town and Sapagaya area.
“As a short term solution, it is imperative that immediate action be taken to widen and seal the road from Fajar area to Tabanac township.

“The road linking Dam area and Kampung Kenangan should also be completed as soon as possible as it provides an alternative road for people wanting to go to Segama and Sandakan,” he said.




Assistant Local Government and Housing Minister Datuk Edward Yong Oui Fah has expressed disappointment over the poor maintenance of cleanliness and facilities at the Sri Tanjong Market here.

Edward, who made a spot check on the market on Sunday, found many problems, including wrecked garbage bins and wet dirty floor.

At the bread and cake stalls, many people were sleeping on the shelves or playing cards. The fans were still on although the hawkers had gone home, while sewage appeared to be discharged into the drain.

Edward strongly urged the relevant agency to take immediate action to overcome the problems. “Besides keeping the market clean, I hope the Agency would ensure all the wrecked facilities here are repaired and maintained from time to time,” he added.




A total of 2,640 traffic summonses were issued in the district and 53 accidents involving the death of a motorcyclist were recorded between January 19 and February 2.
District Traffic and Public Order Chief, DSP Mohd Zaidi Abdullah said the accident rate increased by 10.4 per cent compared to the period last year.

Most of the accidents happened along Apas road with ten cases and Kuhara road with seven cases. The fatal accident which involved the rider occurred at Utara road.

Zaidi said most of the traffic summonses were issued for speeding (948), while 140 were issued for beating red light.

The other summonses were for dangerous driving along highway (34), using ceilphone when driving(161), overtaking along double lines (16) and other offences (1,660).

“On Monday night, 86 summonses were issued to the offenders who failed to produce identity cards and valid license, and for dangerous driving, not using seatbelt and other offences.




Police here have detained a 48year- old local woman in connection with a report by an express bus operator that RM37,203 he kept in a bag was stolen. The suspect was picked up at the roundabout, off Ba Zhong Commercial Center here on Monday, said Acting District Police Chief DSP Mohd Zaidi Abdullah.

He said the bus operator, 52, stated in the report that the bag containing the money was put in a ticketing office at the bus station in Sabindo here about 1.30pm on Monday when it was stolen.

Suddenly, a woman went into the ticketing office and took the bag away, and she tried to flee to Lahad Datu by bus. Zaidi, who is also District Public Order Head, said the victim chased after the bus with the woman among its passengers.

Later, after about half an hour, Police succeeded in intercepting the bus and arrested the woman with the bag. The money in the bag was the proceeds from the bus ticket sales and takings from a restaurant business owned by the bus operator, he said.

] The Police will investigate the case under Section 380 of Penal Code. Meanwhile, Zaidi said the crime rate in the district plunged by 65.40 per cent in January this year compared to the same month last year, while the property crime cases fell by 50 per cent.

He said the Police recorded nine crime cases in January this year comprising one murder, one molest, four robberies, one criminal intimidation and two causing hurt cases. There were 26 cases last year. For property crime, Zaidi said 26 cases were recorded.

In the month, the police carried out nine operations with the arrest of 295 illegal immigrants who comprised 135 Indonesians, 152 Filipinos and eight other foreign nationals.




The Federal Goyernrnent plans to build a hospital for the residents of Pensiangan. Deputy Minister of Rural and Regional Development Tan Sri Joseph Kurup said the hospital was necessary to ensure the good health of the residents there.

Kurup, who is also the President of Parti Bersatu Rakyat Sabah (PBRS), said the Nabawan Health Clinic which has been operating since 1973 needed to be upgraded as the number of patients had been rising while staff were limited.

“The Pensiangan area is very big and it burdens people in terms of transportation when they are referred to other hospitals as in Keningau for treatment. As such it Is necessary that a hospital be built in Nabawan which is located in the middle of the Pensiangan Parliamentary constituency,” Kurup told reporters after a briefing and visit to the Nabawan Health Clinic here

Kurup said the clinic attended to an average of 4,500 patients a month and had a staff of 69 personnel and two medical officers.

The Nabawan district has five health centres in Salong, Sepulut, Pegalungan, Pensiangan and Tibow, he said. “This district needs a hospital and we are planning for it,” he said. According to Kurup, the Health Minister would visit the district soon. Bernama




At least five reports on termination of services involving 25 workers from throughout the State werereceived by the Sabah Labor Department between Jan 1 and Jan 28 this year. The affected workers were mainly from the manufacturing and service sectors due to the current economic downturn, said State Labour Director Hjh Siti Aishah Binti Hj Mohd Asri.

She said they are currently monitoring the employment situation in the State after receiving the reports from the workers. Siti said the Department has set up an operations room in all its 13 offices throughout Sabah.

Workers who have been laid off or retrenched by their employers can report the matter to the centre, she said. “The Department will strive to seek jobs for these people based on their talent and capability. Skills training also would be conducted for them based on the market needs, she told reporters after launching the Sabah Softwood Berhad (SSB) Child Day Care Centre in Kumansi.

Meanwhile, commenting on the illegal employment of housemaids, Siti stressed that any employers who were found to employ housemaids without valid documents will face action. It was learned that employers prefer to employ illegal housemaids because these workers do not demand reasonable pay.




The Consumer Claims Tribunal here yesterday ordered AZ Auto (ALFRED) to change the name on the vehicle’s registration card to its new owner, Gilbert Richard @Ziboi, within 30 days.

Tribunal President Rethana Abd Razak gave the order after Gilbert lost patience with the company from which he bought the car. Gilbert filed the claim after the company failed to comply with his request since June last year.

He said the company told him that they had to wait for approval from the Road Transport Department (RTD)in Putrajaya. Gilbert said he has been waiting for a longtime to get his name registered in the vehicle registration card, and he feared it would be difficult for him to get compensation if anything happens to the vehicle.

The owner of AZ Auto, Frederick Mathew said they were in the process of changing the ownership of the car to Gilbert and they have registered his name in the car insurance policy.




The Home Ministry, with the assistance of Jabatan Hal Ehwal Islam Negeri Sabah (JHEAINS), confiscated 54 T-shirts that bear the word Allah as well as obscene words from a shop here yesterday. Forty-three of the T-shirts were found to bear the word Allah while 11 bear obscene words during the 2pm operation led by the Ministry’s Assistant Enforcement Officer Mohd Nazrie Abdullah and Musaliy Moksin from JHEAINS.

Speaking to reporters after the raid, Mohd Nazrie said the owner of the shop can be charged under Section 7 (1) of the Printing and Publishing Act 1984 for the offence. “We would like to remind all business owners to be more careful and do not sell such kind of clothes with words like Allah and obscene words printed on them, which is against the law,” he said, adding that the Home Ministry and JHEAINS will continue to monitor other clothing outlets in the State.

Meanwhile, Musally said the raid was conducted based on an email received from a member of the public stating that such T-shirts were being sold to the public.




Over the last 20 years, the electricity tariff in Sabah has never changed and it is the lowest tariff in the country.
Commenting on the statement by Likas Assemblyman Datuk Liew Teck Chan yesterday urging Sabah Electricity Sdn Bhd (SESB) not to consider raising tariff but to step up efforts to overcome electricity thefts, SESB Corporate Communication Senior Manager, Cenderamata Sinteh, said that over the past 22 years the electricity tariff in the State has remained unchanged.

“The last revision done on the tariff matter was in 1986,” she revealed.

Cenderamata said the SESB graph shows that the tariff in Sabah is only 25 sen/ kWh, while that in Sarawak set by SESCO (Sarawak Electricity Supply Corporation) is 29 sen/kWh while the Tenaga National Berhad (TNB) tariff is 32.5 sen/kWh, she pointed out.

She said the cost of electricity supply is 48 sen/ kWh without subsidy and 35 sen/kWh with fuel subsidy. Cendramata said the SESB financial position could be in a worrying state because it has to manage a high cost of electricity supply and this may affect the program to standardize the system in the State.

On the concern over deposit paid by consumers, she said SESB has to implement a policy
that has been required in its liscense according to the Electricity Supply Act (1990), which among other things stipulated that a consumer is required to pay a two-month deposit based on the consumption.

The deposit is significant as a security if the consumer has an outstanding bill or when a consumer decides to terminate electricity supply to certain premises, said Cenderamata.

She added that the matter would be analyzed every six months and if the consumer’s electricity usage is lower, the deposit would be revised and vice versa.

“Consumers could control the additional deposit by controlling the usage of the electricity at their premises,” he said. “In fact, SESB pay’s interest on the consumer’s deposits, and for this year, SESB has paid RM6.7 million in the form of rebates.

“I would also like to inform the public or consumers that SESB is always carrying out operations to curb power supply or electricity thefts together with other relevant agencies and we would like to say thousand thanks to those who have cooperated with us all this while.




His Majesty the Sultan of Brunei Sir Hassanal Bolkiah and his Royal entourage were given a grand welcome on their arrival here yesterday morning.

A special aircraft carrying His Majesty and the Royal entourage touched down at the Terminal Two of the International Airport in Tanjung Aru 11.05am
Bouquets of flowers greeted the Brunei Queen, Raja Isteri Saleha Pengiran Pemancha, as the Brunei Royal visitors were warmly welcomed by the Head of State Tun Ahmadshah Abdullah and his wife Toh Puan Dayang Masuyah Awang Japar; Chief Minister Datuk Seri Musa Aman and wife Datin Seri Faridah Tussin as well as State Cabinet Members and other dignitaries.
The Brunei national anthem was played followed by Negaraku and Sabah Tanah Airku, before Sultan Hassanal inspected a guard of honour mounted in His Majesty’s honour by three officers and 102 strong personnel of the Seventh Battalion Malay Royal regiment, led by Major Mohd Yazid Yaacob.

Outside the Airport, schoolchildren and well wishers, some dressed in traditional waited patiently by the roadside with Malaysian and Brunei flags in their hands, hoping to catch a glimpse of the royalties, who are on their 3 day official visit to Sabah.

Even local Bruneians were seen carrying the gabus, a traditional Bruneian guitar-like instrument, to welcome the Brunei royals. At 3.00pm the same day, Sultan Hassanal was briefed on the State development, namely on the tourism sector and the implementation of the Sabah Development Corridor (SDC) at the multi-vision hail of Menara Tun Mustapha, and later attended a high tea reception at the revolving restaurant at the same complex.

The State Government later hosted a banquet for Sultan Hassanal and his delegation at the Bangkuasi hall of the Sabah State Legislative Assembly, where Tun Ahmadshah and wife, Musa and wife, and other members of the State Cabinet, local and foreign dignitaries as well as heads of State and Federal Departments were present.
Sultan Hassanal is scheduled to visit Malaysia’s second largest naval base at the Sepanggar Bay this morning followed by a tour to the 1Borneo Hypermall in the afternoon, before departing for Sandakan from the Terminal Two.

He will be welcomed on arrival at the Sandakan Airport by Tun Ahmadshah, Datuk Musa and local dignitaries. The Sultan will be joining the people of Sandakan in a dinner reception at the Libaran multi-purpose hall later in the evening.

Sultan Hassanal will be touring the Rainforest Discovery Centre at Sepilok tomorrow, and fly back to Brunei from the Sandakan Airport later in the afternoon.




The cancellation of the Democratic Action Party’s Chinese New Year celebration was unintentional. Mayor Datuk Iliyas Ibrahim when commenting on this yesterday said the cancellation was on technical grounds, stressing that ”it has nothing to do with them being in the Opposition”. “I have spoken and SMSed (DAP Sabah Chief) Dr Hiew King Cheu to apologise for what had happened. It is on technical grounds,” he said.

Sabah DAP had applied to City Hall to hold a CNY celebration at the Damai Hall in Likas on Jan 28. The application was approved but somehow cancelled at the last minute which drew rage among the Opposition party members.

In apologising for the confusion, Iliyas stressed that however, DAP should be realistic and practical. “Our friends in SAPP (Sabah Progressive Party) is out of Barisan Nasional.

Before, they used to do their functions at Government properties but now since they left the Coalition, they know where they stand. “So, I hope, those people know where they stand and do not simply bash us. They should know where they stand,” he said when asked to comment on DAP’s statement that they too have equal rights to use public facilities.

DAP Sabah Deputy Chief, Jimmy Wong, had on Monday disclosed that they were suing City Hall over the alleged breach of contract and removal of the Party’s CNY greeting billboards in Foh Sang and Lintas. “We want to take legal action as to restore the status quo of equal opportunities and reputation,” he said.

When asked to comment, Iliyas said he was sad over the fact that DAP wants to sue City Hall for the matter. “We in City Hall still have many things to do, but this is a free country, if they want to sue us, what to do. “All we hope is for them (DAP) to be more realistic and sympathetic to us, do not sue every time you get angry, we can go bankrupt like this.

I apologise, Actually, I did not hurt anyone personally, this was unintentional but due to a technicality of the matter,” he said. Iliyas however said the City Hall is empowered to cancel any function.

Tuesday, February 3, 2009



We are in the middle of Chinese New year festivities which is a season of both giving and receiving. This is the year of the Ox a beast of burden who gives it life entirely for the benefit of others. In these turbulent times of financial uncertainity we need to look and find ways to take care of the laged members of our society who have given to us in the days of their youth but may now have been abandoned or neglected. The Old Age Assistance Scheme Enactment 1982 of Sabah is an enactment that was passed on 1st October 1982 to repeal and to re-enact the law relating to the payment of financial assistance to certain aged people and for matters connected therewith. However the present Enactment states that the monthly financial assistance that can be given is RM60.00. This is high time for review and if it is not already changed then the Minister concerned should look at this matter.

Definitions in the Enactment (see Section 2)

“child” means living child or legally adopted living child;

“Director” means the Director of Welfare Services;

“disposable capital” means the property which the applicant possesses or to which he is entitled exclusive of —

(i) his wearing apparel; and

(ii) necessary household furniture used by the applicant;

“disposal income” means any income of the applicant from any source;

“Minister” means the Minister for the time being charged with the responsibility of welfare services;

“President” shall have the same meaning as in the Local Government Ordinance 1961;

“Scheme” means the Old Age Assistance Scheme established under section 3 of this Enactment; and

“Welfare Scheme” means any scheme administered by the Government or statutory bodies or other organisations which provide for monthly financial assistance to any person.

Establishment of Scheme.

This comes under Section 3 of which subsection (1) reads “ There shall be established an Old Age Assistance Scheme for the purpose of providing financial assistance to persons who possess the qualifications as provided under section 5 of this Enactment.” and subsection (2) reads “The Scheme shall be administered by the Director through the District Committee established under section 4 of this Enactment”


Establishment of District Committees.

Under subsection (1) of Section 4 it states “For the purpose of assisting the Director as hereinafter provided, there shall be established a District Committee for each District consisting of the District Officer or the President who shall be the Chairman, the Welfare Officer in charge of the District who shall be the Secretary, and not more three other members who shall be appointed by the Minister from time to time.” and subsection (2) of Section 4 it states that “(2) The Chairman shall have power to convene a meeting of the District Committee whenever he deems necessary.” while subsection (3) of Section 4 states “Subject to the provisions of this Enactment, the District Committee may determine its own procedure.”

Who qualifies for assistance under the Act

This us stipulated under Section 5(1).which is entitled “Qualifications of applicant” and it states as follows “

(1) Any person who —

(a) is a Malaysian citizen;

(b) is a permanent resident in Sabah;

(c) is of or over the age of sixty years;

(d) is not in possession of any disposable capital of a total value of more than two thousand ringgit;

(e) is in possession of disposable income less than the amount as prescribed by the Minister from time to time under Sec. 10;

(f) is not a beneficiary of any welfare scheme; and

(g) has no child,

shall be eligible to apply for financial assistance under this Enactment:

Provided that in the case of paragraph (e) the amount to be paid under the Scheme shall be the difference between the disposable income and the amount prescribed by the Minister under section 10.

What if person is not a Malaysian citizen & has disposable capital of total value of more than RM2000,00.

Well under section 5(2) his application can be approved as that Section reads ‘Notwithstanding paragraphs (a) and (d) of subsection (1) of this section, the Minister may, subject to paragraphs (b), (c), (e), (f) and (g) thereof, approve any application for financial assistance under this Enactment if in the opinion of the Minister such applicant is in need of financial assistance.”

Application for financial assistance.

This is stated in section 6 which reads as follows:-

“(1) Any person who possesses the qualification as provided under section 5 and who desires to be granted financial assistance under this Enactment may make application to the Director.

(2) Every such application shall be in the prescribed form accompanied by a statutory declaration verifying the facts stated in the application.

Section 7 states the power of Director of Welfare Services to make inquiries.

It reads” Where an application is made under section 6 of this Enactment, the Director —

(a) shall make such inquires as to the means and conditions of the applicant and as to the merits of his case;

(b) may require the applicant to furnish such information and such documents required for the purpose of considering the application; and

(c) may require the applicant to attend personally.

Approval of application and registration.

This is stipulated under Section 8 of the Enactment and it states

“(1) Upon receipt of an application for financial assistance, the Director shall refer the application to the District Committee established under section 4 for consideration.

(2) Where the District Committee is of the opinion that the applicant has satisfied all the qualifications provided under subsection (1) of section 5 of this Enactment, the District Committee may approve the application.

(3) Upon approval of an application by the District Committee, the Director shall cause the name of the applicant to be registered in the appropriate Register and grant to the applicant a certificate in such form as he may think fit showing that the applicant is eligible to receive financial assistance under this Enactment.”

The Register

Under section 9 it states that “The Director shall keep a proper register in each District of all persons whose applications have been approved and are eligible to receive financial assistance under this Enactment in such form as he may think fit.”

Section 10. deals with the payment of financial assistance and it reads:-.

”(1) All persons whose applications have been approved by the District Committee shall be eligible to receive financial assistance at such amount as the Minister may from time to time prescribe.

(2) Such financial assistance shall —

(a) commence from the 1st day of the month following the month in which the application is approved or;

(b) be payable as the Minister may from time to time determine.

Can the financial assistance end,. Yes it can under section 11 which is entitled “Cessation and revocation of financial assistance”.

and states that

“(1) The financial assistance payable to any person under section 10 of this Enactment shall cease —

(a) on the death of such person: or

(b) if he ceases to be qualified under section 5 of this Enactment.

(2) Notwithstanding subsection (1) of this section, the Minister may, in his absolute discretion, revoke the payment of any financial assistance granted under this Enactment.”

Wbat if there is a dispute?

This is dealt with under Section 13 .entitled “Questions and disputes to be decided by Minister.and it reads

“(1) All questions and disputes as to whether a person is eligible for financial assistance payable under this Enactment shall be decided by the Minister.

(2) Any decision made by the Minister —

(a) on any question and dispute referred to in subsection (1) of this section;

(b) in revoking the payment of any financial assistance pursuant to subsection (2) of section 11 of this Enactment,

shall be final and conclusive and shall not be subject to appeal or called in question by or before any Court.”

False statement.

In section 14 it is an offence to make a false statement for it reads “If any person applying for or receiving financial assistance under this Enactment in furnishing any information in his application knowingly makes any false statement or false representation, he shall be liable on conviction to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.”


3. Application.

Any person applying for financial assistance under section 6 of the principal Enactment shall submit his application in the prescribed form in Schedule A together with the statutory declaration prescribed in Schedule B to these Regulations.

4. Duties of Welfare Officer.

(1) Every application shall, in the first instance, be submitted to the Welfare Officer.

(2) Upon receipt of any such application, the Welfare Officer shall —

(i) investigate the truth of its contents; and

(ii) certify the truth thereof.

(3) The Welfare Officer shall refer the application upon certification by him to the District Committee for consideration.

5. Certificate.

The District Committee shall, if it approves an application, issue a certificate in the prescribed form in Schedule C to these Regulations to the applicant. Such certificate shall be prepared in triplicate, the original copy to be given to the applicant, the duplicate copy to be kept by the Welfare Officer in the District and the triplicate copy shall be sent to the Director.

6. Provision for appeal.

If the application of any such applicant is rejected, the District Committee shall state its reasons for doing so and shall inform the applicant of his right of appeal to the Minister within 14 days from the date of rejection.

7. Rate of payment.

(1) An applicant whose application is approved by the District Committee in accordance with the principal Enactment and these Regulations shall be paid a monthly financial assistance at the rate of RM60.

(2) The payment of any such financial assistance shall personally be made to the person to whom such payment is payable. Payment to any proxy shall not be permitted.

8. Penalty.

Any person who contravenes any of the provisions of these Regulations shall be guilty of an offence and shall be punished with imprisonment which may extend to six months or to a fine not exceeding RM1,000 or to both.



Application No:



(Regulation 3)

1. I, Mr/Miss/Mrs. …………………………………………………………………………………………

(name in capital letters)

of ……………………………………………………………………….(address)……………………………

hereby apply for financial assistance under the Old Age Assistance Scheme.

2. I enclose herewith:

(i) a Statutory Declaration sworn before a Magistrate/Commissioner for Oaths;

(ii) Letter of permanent residence in Sabah (For Malaysian citizens of Semenanjung Malaysia or Sarawak origin);

(iii) Birth Certificate, Identity Card or Passport to show the applicant’s age.

3. I understand that I may be required to furnish further information pertaining to my application.

4. I understand that the amount of financial assistance that may be granted to me will be for such amount as may be determined by the Government from time to time.

5. I further understand that it is an offence under:

(i) Section 14 of the Old Age Assistance Scheme Enactment 1982 punishable with RM2,000 or to imprisonment for a term up to twelve months or to both; and

(ii) Section 199 of the Penal Code punishable under section 193 of the same with imprisonment for a term up to three years and shall also be liable to a fine,

to give any information which is false in any material particular in this application.

Date:.………………………… ………….….………………………

Signature/Thumb Print of Applicant



Application No. of Holder ………………………………………………………………………………………

Name of Holder ….………………………………………………………………………………………………

NRIC No.. ……………………………………………………………………………….………………………

Date and Place of Birth …………………………………………………………….…………………………

Residential Address ..…...………………………………………………………….……………………………

Postal Address ……………………..……………………………………….……………………………………

1. This is to certify that the Holder of this Certificate is eligible to receive financial assistance at a rate as determined from time to time by the Government of the State of Sabah and shall continue to be so eligible unless this Certificate is cancelled by the Government by reasons that the Holder is no longer eligible to receive financial assistance under the said Scheme.

2. This Certificate and the Holder's Identity Card must be produced by the officer concerned at the time of receiving such financial assistance under this Scheme.

3. This Certificate is not transferable.

4. The financial assistance paid by the Government must be received by the Holder himself.

5. In the event that this Certificate is lost the Holder must report thereof to the nearest police station and the Welfare Officer In-Charge of the District by subscribing an oath.

…………………………….. .………………………………

Secretary Chairman

Old Age Assistance Scheme Old Age Assistance Scheme

District Committee District Committee

Date: ……………………………… District: …………………….


Signature/Thumb Print of Holder