Archive for April, 2008

WHAT WOULD A SOURING FEDERAL- STATE RELATION ENTAIL?

Sunday, April 27th, 2008

The take-over of 5 states by the People’s Alliance whilst the  federal government remains in the hand of the National Front, albeit reduced to just a simple majority, has caused the relationship between the state and federal government to become a bit uneasy  for obvious political reasons.

Despite of the attempts  by the Chief Minister and Mentri Besar to be nice to the federal leaders, and the federal leaders seemingly reciprocated with announcements that federal projects in these 5 states would not be abandoned, signs are that certain punitive actions are up in their sleeves to under-mine these 5 states.

Firstly, public  schools in these 5 states received instructions from the federal Ministry of Education not to invite PA’s people’s representatives to their schools’ function, despite of the fact that they are democratically elected by the people and that they also have to give their allocations to the schools which are in their constituencies.

Secondly, national tourism board had just been revamped with agenda of its own to severe all ties with the state tourism boards and to stop funding the latter as it did before. This has also been perceived as a blatant sabotage of the state’s effort in promoting tourism and a total disregard of  the states’  planning and activities in the same field.

Thirdly, certain units such as the former BN elected representatives’ wives’ club rushed to spend all the money of the club and also dissolved the club with amazing haste, and without giving a  convincing reason to the public. People wonder whether this is the right model to emulate for social, welfare and charitable organisations.

However, this is only a  tip of the ice-berg, and definitely there are  more  ugly and unpleasant things to come!

If this is going to be the attitude of the BN federal government, they have to bear in mind that  people would not discard the People’s Alliance just because of a souring federal-state  relationship that is purportedly caused by the former, but, instead, would be even  more resolute than before to elect the People’s Alliance to become the next federal government, so as to solve the impasse of a deteriorating federal-state relationship once and for all, par excellence. 

都是一毛钱惹的祸?

Friday, April 25th, 2008

通货膨胀,货币相对贬值,把一毛钱递给乞丐,偶尔也会引起他的白眼。但是同样的这一毛钱,在这个资讯发达的时代,却能用来传达短讯,天南地北,几乎无处不通。

2006-10-06,  东方日报封面头条新闻刊载 : “发短讯虚报槟多处有炸弹,男子判监25个月”。

这名男子是一名印尼华侨青年古尼万,他是被提控在 2006-08-09 传发一则短讯予槟州总警局行动室,说槟城光大、浮罗池滑某建筑物及新关仔角放置炸弹。

这位不知天高地厚的仁兄、家中上有老母、下有幼弟嗷嗷待哺,也被提控在 2006-08-10 传发另一则短讯予槟州总警局行动室, 说他将前往槟城巴六拜国际机场放置炸弹及欲持一架 Lions Air 航机。

事发的那两天, 警方、消防局与民防部队已被发动起来,为了人民与财产的安全疲于奔命,拉起警戒线,疏散人群,一时风声鹤唳,鸡飞狗走,人心煌煌。最终虽然没有引起大祸,却也造成相当大的财务丢失与生意损失,以及政府与私人界的资源无端端被浪费掉。

对于这种事件的发生,若未查个究竟,槟州作为一个名闻遐迩的投资与旅游中心,亦将蒙上一层类似 “恐怖主义”的阴影。

幸亏 “天网恢恢、疏而不漏”,不负责任的始作俑者已在 2006-08-10 当天, 于槟城国际机场被捕个正着,随后并在刑事法典第505(b)条款下,针对两项控状被判监禁各12个月与13个月及同期执行;另外还罚款5000令吉,或以6个月监刑替代。虽然被控者自辩为受友人影响去搞恶作剧所使然,但这毕竟是一种因果报应,不得怨天尤人。

其实一毛钱本身并没有错,错是错在使用一毛钱的人的动机。同样的以一毛钱所发出的短讯,可以给人类带来欢乐,也可以给人类带来悲哀。一个人的心就好象一匹野马,驯服得不好,就会变成心术不正,对与错也只不过是发生在刹那间,因此说天才与白痴也只不过是在那一线之差。所以,金刚经特别强调“云何应住,云何降伏其心”,试想看因为起心动念而心术不正,区区的一毛钱就已经能够发挥这么大的威力,若再添多些儿钱,它所将引发的一系列后患也将无穷、无尽与不堪设想!

正义的代价

Friday, April 25th, 2008

 

作为英殖民政府的遗产,我国的司法在很大的程度上承继了英国文明的绅士风格,即不但要做正义,而且还必须看到做正义。(JUSTICE SHOULD NOT ONLY BE DONE, BUT SHOULD BE SEEN TO BE DONE)

因此各层次的法庭,几乎每天都忙碌地在公开审讯,即使是应付不暇、案件堆积如山,但是慢总好过没(SLOW IS BETTER THAN NEVER)。民间的纠纷,政府的提控,一桩接着一桩地获得施与正义。法庭固然显得陈旧保守,却也不乏动力。

正义是人民的宪赋权利,它并非是在市场买卖的货品。诚如1215年的[英史]大宪章(Magna Carta)

所述:“我们将不会卖予或剥夺或迟廷任何人的正义或权利”。

话虽如此说,实际上不是每个人都可以公平地获得正义的机会,显然政府及大马律师公会设有法律援助服务(LEGAL AID SERVICE)予贫穷人士,但是许多不是贫穷却非富有者,往往会面对因为付不起律师费而望法庭却步。

更令人烦恼的是,一些人虽然在低庭胜了,但却要面对失败者向高庭的上诉,而往往最后失败的一方,不但要负起自己的律师费,而且还要付堂费予对方。若没有资源作后盾,这场法庭长跑将会使一些人被压得透不过气来,或为如何持续耐力而费尽思量。

其实胜的一方有时也不见得很好过,法庭谕令对方所付的堂费(COSTS)通常会比他所付于本身的律师费(FEES)来得低,因此如果他所获得的赔偿不多,到头来可能会变成得不偿失,令人有“早知如此,何必当初”的无限感慨!

因此,明智者将会了解,如果不是必要的话,最好还是别把事情闹上法庭,而宝贵的法庭时间应该保留给急待处理的重要事情。然而人们却喜欢将一些零碎烦琐,杂乱无章的鸡毛葱皮小事带上法庭,从而在不知不觉中使到自己,别人和纳税人付出了昂贵的代价。

当然,法庭不会因为一宗案件所涉及的课题是重要或否而不去进行审讯,一般上它将根据诉讼的入禀日期,或被提控者的被捕日期,一宗又一宗地把它处置。这么一来,除非案件能获得庭外和解,否则它必须经过漫长的审讯程序以获得了结。

在这种情况之下,人们应该考虑将一些纠纷交由各类的仲裁庭(TRIBUNALS)、马来西亚调解中心(MALAYSIAN MEDIATION CENTRE)、或者是双方都可接受的仲裁员(ARBITRATOR)或调解人(MEDIATOR)去解决。虽然这些另类的机制在我国尚不普及,但是它们已在其他先进国家被证明为有效解决纠纷的选择,因为它们基本上可以营造一个非敌对的气氛予争执的双方来达致一个双嬴的解决方案。

果真能够如此安排,为了正义的伸张倒也不必付出太大的代价,而我们的司法制度,也将因此拥有更多处理更重要与更迫切的时间与空间。

政治的理性主义

Friday, April 25th, 2008

              有人认为五、六十年代的政治是思想斗争的政治,七十年代开始则转向一种务实主义或区域(部落/族群)主义的政治,思想再也不成为斗争的优点。

这种看法有一定的根据。从热战到冷战,斗争的阵营只有两个:一个是以美国为首的资本主义阵营,另一个则是以苏联为首的社会主义阵营。当时世界上的许多国家都不得不两者择其一而从之。一直到中苏关系恶化,万隆会议与亚非拉兄弟情的产生,不结盟运动的出现,第三世界国家的崛起,才打破了这两个阵营所垄断的僵局。

接着下来苏联的解体,东西欧的重新整合,中国选择走具有自己色彩的 “社会主义”道路,已经解除了冷战的必要。这么一来,左、右两派的思想斗争也已模糊了界线,在这个新格局里,冒起头来的是一种务实主义(pragmatism):即以集体情况而言,你能做得最实际与最好的是什么?或者是一种区域(部落/族群)主义。

区域(部落/族群)主义的存在也有它一定的历史渊源,基于文化、语言、宗教或资源的分配所产生的纠纷,部落与部落、族群与族群之间便产生了矛盾,在不可妥协的情况下,这种矛盾甚至会发展到它的最高阶级-战争。

由此看来,不再以 “思想斗争”为主的政治是否已沦为纯粹的经验主义政治?其实不然,现代的政治尚需求理性主义,否则将失去方向。

何谓政治的理性主义?若是符合逻辑、相信因果关系、能够分辨是非善恶的政治,都应属政治的理性主义。由此类推, 政治的理性主义应该具有一些基本的意识形态,诸如: 公平、平等、自由、民主、人权、和平、进步、道德、法治、人道、环保等。

因此,可能有人会问:在这种充满了乌烟瘴气的社会环境里,政治的理性主义行得通吗?若相信 “政治是不可能的艺术”这句至理名言的话,不可能的东西也应该最后变成能,所剩下来的,除了时间与空间的因素以外,政治教育则扮演了不可或缺的角色。

如何维护司法独立

Friday, April 25th, 2008

               20059,国会下议院通过修改宪法成立一个特别机构来审讯那些涉及较小冒犯,诸如迟来法庭或太慢写好判词的法官与司法专员。

这消息的确振奋人心,因为自从独立以来,只有律师必须等法官,而法官却不必等律师。如果律师迟到或当缺席论,后果是可能造成所起诉或提控的有关案件将会被法官所撤消,或造成被起诉或被提控的一方输去官司,而有关律师则必须负起全责。但是,法官却可以令律师在法庭苦候大半天而在最后一刻宣布展延审讯日期,这是律师们所望尘不及的地方。

案件的上诉程序是有时间的约束的,如果法官的书面判词写得太慢,它将影响整个上诉的进程,或甚至影响律师准备上诉所依赖的因素或基础,从而影响上诉的机会。在这种情况下也会造成审讯的展延,从而应验了英国谚语的一句话,即 “正义的延迟是对正义的否决”(justice delayed is justice denied)

欣闻大法官敦亚末法依鲁斯赛阿都哈林语重心长的指出,不管一位法官的智力或能力有多好,如果他行为不好,法庭也将不会留住他。一些西方国家诸如美国必须通过民主程序以选出法官,虽然这种选举制度也毕竟会存有它的弊端。我国的法官或司法专员一般上是从至少拥有十年资历的律师、或联邦或州属的司法或法律服务人员中委任。因此,若没有一个有效监督法官或司法专员的机制,吃亏的将是正义本身。

人们包括律师都不敢轻易地对司法或法官作出批评,因为大家都害怕会触犯蔑视法庭。不只曾经发生过某法庭记者因不慎在法庭内掉了钢盔发出声响,而当场被判蔑视法庭罚款五十零吉的例子,历来也不时有律师因缺庭、或在法庭内与法官发生口舌之争,而遭受蔑视法庭的处分。

其实要维持司法的独立并不等于要让法官的行为无所节制、或为所欲为,尤其是对一个遵循法治而非人治的大马而言。国会的这一最新步骤如久旱逢甘雨,它不但丝毫没有损及司法的独立,而且还提高了司法的形象,以及增强人民对司法的信心。

法官也是人, “人非圣贤,孰能无过”,但是纠正过失也必须要有一个健全与有效的机制才对。虽然在目前对严重冒犯的法官可交由特别法庭来审讯,较小的冒犯则迄今却投诉无门。因此,国会这次成立了 “特别机构”之举,不但是进一步地落实了“法律之前,人人平等”的神圣原则,而且也一再地反映了另一个重要的法律概念,即司法的独立需要靠三权 [即立法(国会) 、行政(内阁)与司法(法庭)]的权力分隔与相互制衡。

WHEN COUNCILLORS ARE STILL NOT ELECTED

Thursday, April 24th, 2008

It is absolutely unbelievable that the Majlis Perbandaran Pulau Pinang (MPSP) had depleted its reserves from RM 266 million in 2000 to RM 25.6 million last year.

One would reasonably expect a local authority which collects rates and other incomes from the local citizens to be more accountable to the latter, even-though councillors have not been elected since the 70’s.

The fact that during a short span of 8 years MPSP hastily spent 40.4 million is something unprecedented, no matter how they account for the items which incurred this huge sum of public fund. Isn’t it the duty of MPSP to make sure that certain mega projects should be undertaken by either the state or federal government before embarking on them in the first place? Or is it due to reckless financial planning that such a seemingly flight-by-night operation was conducted, to the extent that the general public was further agitated even after the last general elections as soon as they discovered this hard fact of life?

Since under the Local Government Act, 1976, the President and the councillors of the local authorities are appointed by the State Government of the day, the electorates, though couldn’t so-called  ‘touch’ the local authorities, could always bring the State Government to task on  ‘judgment day’.  Lately, the change of power in the 5 states in the peninsula bears proof  that the  performance of the local authorities in these 5 states must be very disappointing or even disastrous indeed, or else many voters could have had voted  the other way round.

Many of the previous MP’s and ADUN’s had to assume the duties of the local government to the extent that they were labelled as ‘longkang Y.B.’s’. They were, in fact, facing a dilemma as, on one hand, if they did not resolve the many mundane problems created by the local authorities they would face the accusing fingers of their voters. On the other hand, if they were over-burden by these meticulous problems which were rightfully, in fact, under the councils’ jurisdiction, they would then beautifully fit into the picture of ‘longkang Y.B.’s’.

Therefore, a comprehensive and thorough reform of the local authorities is nothing but the pressing agenda of the day, as what had happened to the previous administration could well recur to the present administration. Top on the list, of course, is the electoral pledge of the Pakatan Rakyat to bring back election of local governments. But that could not have happened so long as the Federal Government remains intact.

The main reason for the BN government to have had abolished the local government elections altogether is their fear of opposition party which actually took over quite a number of local authorities in the 60’s. Under the present circumstances of a strong wind for change, it would definitely be a pipe-dream to even expect the BN government to talk about restoration of grass-root democracy i.e. local government elections.

Meanwhile, the appointment of local councillors of MPPP and MPSP which is still very much party-based though sprinkled with a few NGO’s new faces, has caused some uneasiness to the general public. However, only time would tell as to whether they could perform better than their predecessors and be able to help clear the name of ‘longkang ‘Y.B.’s’ of their elected colleagues both in the State Assembly and the Parliament.

DEPLETION OF NATURAL OIL AND GAS BUT PEOPLE ARE JUST WATCHING!

Wednesday, April 23rd, 2008

It is a common knowledge that the world is running out of its natural oil and gas. The escalating oil prices is often only interpreted as a economic phenomena but not a sign of crisis of a world that is over-dependent on natural oil and its other bye-products.

Take for example, a recent study shows that an institute of higher learning in Malaysia had to foot its electrical bill of about RM 8 million a year.  Apart from the unnecessary wastage which could be avoided by cutting down say 10% of the electrical consumption, one should also seriously look into alternative resources such as renewable energy and efficient energy as a genuine and long term solution.

People fail to understand as to why oil producing countries such as Malaysia have to charge her own people the price of oil as she charges the international market. This is definitely not the case with the Arabic states as they implement a two price system which is to the benefit of their own people. So, isn’t it high time that the new Minister of Domestic Trade and Consumer Affairs look into this anomaly and come out with a fair solution for us all? 

It is also ironical that Petronas, as a national enterprise, does not have to table its annual accounts for the Parliament’s  scrutiny and approval. It is thus a popular belief that Petronas, though with huge and lucrative earnings due to ever escalating oil prices, was not able to make an impact in rescuing the under-privileged and the lower strata of the Malaysian society, as its resources were unjustly exploited for the benefit of a few, such as its bailing out of many ailing government-linked companies(GLC’s).

Therefore, we have to think global and act local, reform have to take place in making Petronas subjugate to parliamentary supervision and control. At the same time, all of us have to start saving our scarce resources no matter where we are,against the background of fast depletion of natural oil and gas.

WHY WHAT COULDN’T BE DONE BY A BN GOVERNMENT FOR THE LAST 50 YEARS COULD BE DONE BY THE PR GOVERNMENT IN 3 WEEKS?

Monday, April 21st, 2008

It is most astonishing to note that the problem of land titles to new villages and kampung baru remained a night-mare to the occupiers for the last 50 years was resolved by the new Pakatan Rakyat state government of Perak within 3 weeks of their assumption of power of governance.  This is not just purely an issue of effeciency but, in fact, an isssue of political will and determination, without which no progressive public policies could ever be formulated.

Instead of fully concurring with such an excellent deed of the public sector, some BN old hacks seemed to be over-worring by cautioning the new administration under the pretext of a net loss of state land. Qustion to be asked here is that isn’t it a sacred and much cherished wish that people should be provided with security of their own homes on their own land?

Therefore, not only that we should commend the decision to issue land titles to the genuine occupiers by the new state government of Perak, we should also appeal to all other state governments,  be it under PR or BN, to follow suit, as it is high time that we resolve this 50 year problem of land ownership once and for all without any hang-ups!

WATCH OUT FOR PHOTOS OF LIM EE HEONG!

Saturday, April 19th, 2008

fomtage.jpg

In memory of my late father Dato’ Lim Ee Heong, an untiring social activist and reformist in his own way, I am arranging for the posting here of some of his pictures which depict his life and the earlier society of ours.  Many of you could not have  the chance to see these pictures, I believe, as this is the first time that I officially published them with the consent of my mum.

Ee Heong was born in China in 1932 and demised in Penang in September 2000. He came to Penang by a ship boarded at Swatow Port, though his hometown was in Quanzhou, Fujian province. He was sponsored by his uncle Lim Check Pin who was then operating a shop at Penang Road, and who had not got any siblings at that time, adopted this nephew of his as his own son.

The reasons for Ee Heong to migrate here are partly personal and partly social. His mother died while he was small and his father Check Pek married a new partner who had to take care of many children, some of whom are from her previous marriage. The old China was facing warlord-ism then as Sun Yet Sen was still unable to unify the whole country.

My father once described the land was cracked like turtle’s back, people were starving and living in destitute, and there was no immediate sign of peace and progress. Under such circumstances, as the eldest son of the family (in fact, he was not supposed to be the eldest, but his elder siblings predeceased him at very young age), his new task was to go to Nanyang to lead a new life.

Arriving at Singapore Port as a teenager, this young bloke from poverty stricken China with no currency in his pocket, managed to take a cap all the way to the northern Malaya and dropped off at his uncle’s shop by the name of Chuan Bee at Penang Road, just directly opposite the Penang Police Headquarters which was still under the British colonial government.

His enrolment with Chung Ling High School to study could only last for a week, as his aunt felt that it was time for him to earn a wage which was what the whole arrangement was  about .  In 1952, he found a job as a shop-keeper at Chen Kwang at Campbell Street to sell cloth. Father always blamed fate for not being able to pursue his education further and we can understand why he, as many other parents too, wants his children to excel in education.

As the first batch of his photos shown, he was happily settling down with the local condition, though he once told me that in the beginning he always thought of his home in China especially before he slept. But knowing that it was almost impossible to see his family members again,what he could do at that time was just to helplessly stare at the ceiling with tears naturally shading beyond his control. That, as I discovered later, was the common feelings of the ‘Sin Kek’ (meaning ‘new guests’) or migrants, whatever their nationalities and wherever they may have emigrated.

With a kind heart and a strong sense of justice, the young Ee Heong took an active part in social and cultural activities to raise fund for Chinese education and other charities. Many of the photos here are depicting the way of life then. It was also during this period that he was influenced by the famous Chinese educationist Lim Lean Geok, who had his Malayan citizenship revoked by the Tunku’s administration later for his very staunch and  uncompromising stance on education. It is thought that it was also because of this man’s view that was much shared by Dr.Lim Chong Eu, the second President of MCA, that had among other factors, caused the open quarrel between Dr. Lim and the Tunku and later the mass exodus of MCA members.  Dr. Lim later founded the United Democratic Party in 1962, and subsequently the Gerakan in 1968, whilst my father was always by his side.

Ee Heong’s oratory skills made him a popular and much sought for Master of Ceremony for charity shows conducted on stilt stages by the streets. Many of those events were organised during the ‘ Hungry Ghost Festival’ and other religious occasions. He was nicked named as ‘Bo Meah Sih’ meaning ‘anonymous’ . This is because many of the donors who donated with small sums of money of say a few dollars would prefer not to have their names announced on stage. So the MC announced :’Mr. Anonymous donated one dollar’,’ Miss Anonymous donated two dollars’… and so on, until one day, as soon as that young and jovial MC  stepped out on stage , people could not help by calling him cheerfully as ‘Boh Meah Sih’ – the Anonymous!

Lim Ee Heong remained as ‘Mr.Anonymous’ until the last day of his life.  Those who knew him and this part of our early Malayan history, such as Dato Seri Oon Chin Seang, took it as a compliment and treasured Ee Heong’s contribution to our society.  Indeed, the beneficiaries of this grass-root movement in Penang were many and they include the Nayang University, the many Chinese vernacular schools, the poor and the under-privileged. 

Therefore, it is in this spirit that I dedicate the publication of Ee Heong’s photos under ‘DOWN THE MEMORY LANES’ for our understanding not just of our predecessor, but also of our own society in the past for which they felt very compassionate and tried their very best to make it a better one. 

Watch out for the first batch of his photos by 27th day of April 2008 !

WHAT CAN PAKATAN RAKYAT GOVERNMENTS OFFER?

Thursday, April 17th, 2008

The five new state governments of Kedah, Penang, Perak, Selangor and Kelantan have a great task ahead. It is not just their duty to clear up the mess of the previous administration, but also to establish a new image of being clean, transparent, efficient and capable, apart from being democratic, fair and just.

Certain business quarters may have disappointed or even offended some leaders of the new PR governments, but it is hoped that no vengeance would be taken to penalise their interests. It is glad to hear that PR governments, as officially announced, would be pro-people and pro-business, and thus, there should be no fear of retaliation from the new authorities.

Popular opinions are for a reasonable review of all pending development projects based on scientific input and objective evaluation. First and foremost, there should be consistency in approach, no favoritism of any sorts and the paramount consideration should be the interests of the local community and the people at large.

The issue at hand is that there are some existing development guide-lines which are archaic, bureaucratic and unreasonable. Therefore, there is a need to conduct a through review of the Structure Plans and Local Plans with active participation of conscious groups and individuals ,so that a new basis can then be laid for a healthier and qualitative development henceforth.

The decision for open tender in respect of government projects is most welcome by all. After all, as the announcement of the new Mentri Besar of Selangor has shown, more than 80% of the government projects were granted to a small group of inter-connected companies through ‘negotiated tenders’ and they did not benefit the bumiputra community as a whole. On top of that, why should tax-payers secure a lousier deal where there is no competition in terms of price, materials and services rendered? 

The same principle of fair competition is also observed in the political arena now. With the emergence of a two-front system, the front that commands the respect of the people and actually produces merits and results in their governance  would surely secure victory in the next general elections.

The pressure of competition would also keep both the BN and PR government on their toes respectively, as both are not irreplaceable when the judgment day has come. In fact, they merely provide two different alternatives to the people based on their respective election manifestos and performances.

In a democracy like ours, the transition of power is supposed to be peaceful and orderly as we have just witnessed immediately after the 12th General Elections. In the final analysis, it is constant social reform that the people of all races and all strata are looking for, and ultimately, it is the people’s power that counts!   

Visitors since 2007