Khamis, 18 Ogos 2011

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Lim Lip Eng

Posted: 18 Aug 2011 07:13 AM PDT

Lim Lip Eng


TNB withdraws appeal on RM100,000 order for damages

Posted: 17 Aug 2011 10:20 PM PDT

Source: http://www.thesundaily.my/news/115028 (17/8/2011)
PUTRAJAYA: TNB Distribution Sdn Bhd has withdrawn its appeal against a decision of the Temerloh High Court to order the company to pay about RM100,000 in damages and costs to a consumer for disconnecting power to his shop. Counsel Hadi Mukhlis, who represented TNB Distribution (TNBD), a subsidiary of Tenaga Nasional Bhd, informed a three-man panel of the Court of Appeal today that he had served a notice of discontinuance of appeal on the respondent, Leong Kai Heong, 54.
Justice Datuk Seri Abu Samah Nordin, however, told the parties that the court could not decide on the matter as the appeal had not yet been set before it. The other members of the panel were Datuk Alizatul Khair Osman Khairuddin and Datuk Mohtaruddin Baki.
However, the panel proceeded to hear Leong's application to strike out TNBD's appeal which had been fixed for hearing today. He had made the application on the grounds that the memorandum of appeal and the appeal record filed by the company were defective. After hearing submissions, the court dismissed the application and ordered Leong to pay TNBD RM1,000 in costs.
The High Court had, on June 12, 2008, allowed Leong's claim and declared that TNB's action in disconnecting electicity to Triang Wan Chon Trading in Pahang was illegal. Judge Datuk Abdul Halim Aman ordered TNBD to pay RM11,326.50 in special damages and RM80,000 in general damages and costs. He also dismissed the company's counterclaim for special damages amounting to RM47,659.33, exemplary damages, interest and costs.
Leong's counsel Lim Lip Eng told reporters outside court that TNBD had paid his client damages.
Leong filed suit on June 29, 2004 after power to his shop was disconnected on two occasions. He was told he owed TNB RM47,659.33 for meter tampering. – Bernama

Lim Guan Eng

Posted: 18 Aug 2011 01:54 AM PDT

Lim Guan Eng


UMNO Should Show Proof Or Else Stop Its Vicious Lies That The Economist Was Paid Off To Write A Favourable Article About The New PR Government (en/cn)

Posted: 18 Aug 2011 01:17 AM PDT

UMNO Should Show Proof Or Else Stop Its Vicious Lies That The Economist Was Paid Off To Write A Favourable Article About How The New Pakatan Rakyat Government Has Increased Penang's Economic Development And Investments.

UMNO should show proof to back up its wild allegations or else stop its vicious lies that The Economist was paid off to write a favourable article about how the new PR state government has incresed Penang's economic development and investments. UMNO had spread such lies of a payoff in relation to the 13th August issue of The Economist, under the title of Malaysia's Penang state, "Getting back its mojo!"(After a slump, an early engine of globalisation is thriving again).

On August 16, 2011 UMNO MP for Kota Belud Abdul Rahman Dahlan twitted,
"As usual. Must must read! RT @satD: @cmlimguaneng @limkitsiang how much u paid Economist 4 D Mojo Advertorial?"

Clearly UMNO is unhappy at the praise heaped on the new PR state government for its success in fighting corruption and running a clean government as well as stressing on performance, productivity and proficiency through its acclaimed open tender system. This has caused a revival of Penang into a thriving engine of globalisation that aims to be not just a sweat-shop of the manufacturing sector but also a smart-shop for the services industry like medical tourism, high-tech and knowledge based.

PR adoption of a successful model of governance centered on a clean government and competency has allowed Penang to attract the highest investments in its history with RM12.24 billion in 2010. The concluding remarks by the Economist has caused much concern amongst BN supporters, "Little wonder, then, that Penang has become a political weathervane as much as a lesson in economic development."(see article)

Instead of trying to compete with Penang PR on ideas, BN is trying to sabotage our efforts with vicious lies. I wish to remind BN that PR does not engage in such dishonest practices like some Federal government leaders in buying off journalists for favourable reviews. And not everyone can be bought, certainly not the Economist. As the most reputable economic magazine in the world, BN's allegations of PR buying off The Economist reputation has no credibility whatsoever.

The UMNO Kota Belud MP should show proof or retract his allegation and apologise for trying to undermine and diminish the hard work of 1.6 million Penangites, who in the last 3 years have successfully turned around the graceful decline of Penang over the previous 18 years.

Press Statement By Penang Chief Minister And DAP Secretary-General Lim Guan Eng In Kuala Lumpur On18.8.2011

Read the article at The Economist : Getting back its mojo– After a slump, an early engine of globalisation is thriving again

——Mandarin Translation————

槟州首席部长及行动党秘书长林冠英于2011年8月18日在吉隆坡发表的文告。

巫统必须拿出证据,证明《经济学人》是收费后帮槟州民联政府宣传如何增加槟州的经济发展与投资,否则巫统必须收回这恶毒的谎言。

巫统必须拿出证据证明《经济学人》是收费后帮槟州民联政府宣传如何增加槟州的经济发展与投资,否则巫统必须收回这恶毒的谎言与职责。自《经济学人》在8月13日刊登"槟城重拾魅力,殖民地时代的全球化火车头历经低潮、再出发"这则报导后,巫统刻意大量散播这项谎言,污蔑槟州政府。

巫统哥打毛律国会议员阿都拉曼达兰于2011年8月16日在其推特上留言"这当然必读,回推:林冠英、林吉祥你们到底付了《经济学人》多少钱买这个魅力广告?

对于民联州政府的新政因为打击贪污、清廉、表现、生产及有效的公开招标而获得赞扬,巫统显得非常不高兴。上述新政已经让槟城过往作为全球化的火车头重新启动再出发,不再只是汲汲于血汗工厂,也积极发展精明工厂与服务业,如医药保健旅游、高科技与知识型工业。

民联秉持着廉政与能干的施政成功模式,已经让槟城在2010年吸引到史上最高的122亿4千万令吉投资。《经济学人》在该篇报导文末的总结"难怪,槟城的经济发展成了一门课,也了政治发展的指标。" 引起了国阵支持者的议论。

原以为国阵会与槟州民联拼政绩,奈何国阵却选择了以恶毒的谎言来破坏我们的努力。我要提醒国阵,民联才不会像国阵联邦政府领袖一样,收买新闻业者以获得有利于己的报导,况且,不是谁都可以被收买的,尤其是德高望重的权威经济杂志《经济学人》。因此,国阵指责民联收买《经济学人》根本毫无公信力。

巫统哥打毛律国会议员须出示证据,不然就得收回其指责及向他抹杀槟城160万人民的功劳而道歉,正是槟城人在过去三年的付出,才成功扭转"槟城没落18年"局面。

林冠英

———
附件:
《经济学人》 (The Economist)
华文译文:
槟城重拾魅力 (Getting back its mojo)
殖民地时代的全球化火车头历经低潮,再出发

如果你的心脏病要发作,最好是在槟城发作。一些人可能会想:就到这个位于马来西亚西北部州属的首府乔治市的医院吧!于是,越来越多病人涌入槟城治病。备受尊敬的槟城基督复临安息日医院(槟安医院)院长泰德•莫尔(Ted Mohr)说,今年该医院共迎来7万名医疗游客。这家医院擅长心脏科手术,今年将进行2万3000例相关手术,包括550例心脏直视手术。面对病人对医院日增的需求,他们正加倍添购病床。

莫尔用两个原因来解释为何槟城在治疗冠状动脉病患方面那么成功。首先,槟城的治疗费相对低廉。在美国,一例心脏手术的费用高达10万美元,而在槟城只需1万美元。其二,槟城的医院与西方国家的医院一样拥有完善的设备。

经历了几十年的衰退,这个由一个天然岛屿和部分陆地组成的州属– 槟城的工业再次展翅起飞,其主因是低科技和高科技的相结合。槟城工业复苏深深影响马来西亚的经济,槟州及其周围的国内生产总值占全国的21%。此外,槟州工业的复苏也对这个国家带来深远的政治影响。自2008年开始,槟城成了四个由在野党治理的州属之一(全国有13个州属)。如果当今的政治领袖能在这项成就记上一功,这能够未来一年内可能举行的大选中,助在野党一臂之力。

槟城于1786年被英国殖民政府开发为一个自由港。它位于印度和东亚之间,吸引了许多商人和中介前来经商赚钱,这些经商往来的人包括中国人、印度人、亚美尼亚人、阿拉伯人等等。随着种族及宗教的混合,加上对自由贸易的发展,槟城在各方面可说是第一个符合全球化条件的城市。

后来,随着槟岛的商业发展输给了新加坡,它的繁华也走下坡。在后殖民时代,国家民族主义崛起,槟城深受其害。这个区域新兴的共和政体也决定要发展本身的港口。随着全马第一个自由贸易区(也称"自由港")的设立,槟城在1970年代享有经济复兴带来的繁荣,并吸引了许多像英特尔和博世这样的电子业巨头,它们在槟城设立了第一个离岸装配生产线。但是,如此建基于廉价劳工的繁荣,也随着马来西亚日益富有,它的装配生产线也渐渐被其它新兴经济体如中国和越南取代。

为了恢复昔日的繁荣,槟城设法再次翻身。随着印度和中国的兴起,正如18世纪时期那样,槟城再次因优越的地理位置被外国公司视为投资的首选地,它相对接近两大市场——这种优势让它得以胜过亚洲巨头。

槟城的"硅谷"公司知道马来西亚的法治,为他们提供了在中国所无法享有的专
利和知识产权保障,以及印度所缺乏的舒适经商环境。虽然,槟城的薪资比中国和印度高,但是,中国沿海城市的薪资已不同往日。联邦政府拨出大量经费建造桥梁、扩建机场,让槟城能够更好地联系与其它亚洲国家。加上古老的乔治市经过一番整修后,更加能够吸引外国人前来居住、工作及进行手术治疗。

结果槟城再次旺起来。去年,涌入槟城的投资额超越了马来西亚其它州属。越来越多新的电子电气公司也蜂涌进军,还有近20家医疗设备制造业者也要扩展规模。最重要的是,大多数新工作都属于研究与发展,不再是装配型工作。单单是美国芯片制造厂Altera,其新厂房就拥有1100名员工,其中800人为工程师。公司主管称这批工程师大多数为本地人——这对马来西亚是好事。

该感谢谁?

当民主行动党于三年前赢得槟州政权,它成了过去40年第一个执政的在野党。这项胜利也代表,自1957起治理国家的国阵受到直接的挑战。槟州的新领袖林冠英说,联邦政府对他有一种"冲突情感":切断部分资金却不全然破坏他的权力。"他们不希望我们成功,但是他们承担不了我们失败的后果。"

槟城的复兴早在2008年就展开,但是林冠英的新措施加速了其复兴。他成了全马第一个推行州政府工程公开招标的首长。这意味着自1970年代来支撑着国阵的马来人特别优惠也被消除。那个时候占据人口大多数的马来人将"平权措施(affirmative action)"制度化,这对那些被视为非常富有的华人(槟城华人占多数)非常不利。林冠英也称,他通过制度改革,杜绝了前朝执政时期挥霍金钱的朋党主义和贪污腐败。

就国家层面而言,这样的措施可以改变联邦政府的交易形式。林冠英说,他停止"旧有的恩惠政治",让他得以把节省下来的开销用于新的社会福利计划,如派发些许回馈金给乐龄人士。上述政策都很受欢迎,外资也认为肃贪的努力是合时宜的。难怪,槟城的经济发展成了一门课,也了政治发展的指标。

Lim Kit Siang

Posted: 17 Aug 2011 11:47 PM PDT

Lim Kit Siang


“Passing the buck” to PSC of all allegations of a flawed electoral system such as foreigners given the right to vote is completely unacceptable

Posted: 17 Aug 2011 11:00 PM PDT

The "passing the buck" to the Parliamentary Select Committee on electoral reforms of all allegations of a flawed electoral system such as foreigners given the right to vote is completely unacceptable and would be proof that the PSC is mere political ploy and diversionary tactics. Home Minister, Datuk Seri Hishammuddin Hussein said yesterday that Pakatan [...]

Four more ex-soldiers admit to postal vote fraud

Posted: 17 Aug 2011 06:47 PM PDT

Joseph Sipalan | Aug 17, 11 Malaysiakini Postal vote manipulation has been a common practice in the military for many years – so it seems – now that more retired military personnel are speaking up. Now, four ex-military personnel have confessed to committing election fraud – the same way an ex-army man said he did [...]

Malaysia Looks West for Investments

Posted: 17 Aug 2011 08:24 AM PDT

By MATTHEW SALTMARSH The New York Times August 16, 2011 LONDON — With Europe's economy mired in a debt crisis, governments in the region have been looking east for a helping hand, tapping the likes of China and Japan to buy their bonds and step up investments. But at least one Asian country — Malaysia [...]

The dynamism of Penang

Posted: 17 Aug 2011 06:13 AM PDT

By TAY TIAN YAN Translated by DOMINIC LOH Sin Chew Daily 2011-08-16 Opinion To get the attention of international media, in particular someone in the likes of The Economist, is not anything we can buy with money. The Economist recently reported the transformation of Penang and its dynamic economy. Penang is nothing more than just [...]

GDP growth slows to 4pc as global economy falters

Posted: 17 Aug 2011 04:03 AM PDT

By Lee Wei Lian The Malaysian Insider Aug 17, 2011 KUALA LUMPUR, Aug 17 — Malaysia's economic growth decelerated to its slowest pace of four per cent since the 2009 recession as the country was hit by a slowdown in external demand and a moderation in government spending, Bank Negara said today. This was the [...]

Charles Santiago

Posted: 17 Aug 2011 11:02 PM PDT

Charles Santiago


DAP: Have even split between Pakatan-BN on panel

Posted: 17 Aug 2011 08:17 PM PDT

Source: Malaysiakini

DAP leaders today scoffed at the seat allocation on the proposed Parliamentary select committee on electoral reform, saying it is not necessary to have an independent MP on the panel.

They said the composition of MPs on the nine-member panel – five from BN, three from Pakatan Rakyat and one independent – would only favour the BN since most of the independent members of the Dewan Rakyat support the ruling coalition.

mtuc syabas pc 091007 charles santiago Klang MP Charles Santiago (right) said the line-up was “not acceptable”, stressing that it would be more balanced to have equal representation between Pakatan and BN and for the committee to have one co-chair from either side.
He also urged Prime Minister Najib Abdul Razak to give his “guarantee” that no elections are called until the committee is done with its work and its recommendations are adopted.

“@najibrazak needs to guarantee no PRU 13 b4 PSC electoral reforms recommendations are implemented. o/wise PSC smokescreen n PR exercise,” he said in a series of tweets.

Malaysia’s Parliament is ‘weak’

Teluk Intan MP M Manogaran questioned the need for an independent MP on committee, which, he stressed, should convene now and not wait until the start of the next Parliamentary meeting.

“Based on composition alone, there should be more representatives from Pakatan Rakyat from three as proposed,” he said, adding that while he welcomed the move, he hoped that the Parliament and public would not be hoodwinked by its formation.

“I am also worried as the Parliament (system) as it is now is structurally weak. I have seen many times the speaker play a role which is subservient to the executive. I am worried the PSC may turn into that.”

a kugan detention death funeral ummc to puchong 280109 m manogaranManogaran (left) said the members of the PSC should look at and enforce the demands made by Bersih 2.0 and also the recommendations made by Suhakam in its 2007 report, as both are overlapping demands.

He also urged the formation of a royal commission of inquiry to investigate into allegations of foreigners being given identity cards as he had come across two cases of foreigner given ICs and asked to vote for Barisan Nasional in Penang.

“This shows that this is happening and an RCI should be formed or the PSC should look into this immediately,” he said, adding that Malaysian overseas should also be allowed to cast their votes in line with exercising with their democratic right.

EC must change its mindset

DAP Youth chief Anthony Loke, meanwhile, told off the Election Commission, saying the panel has no business in deciding the make-up of the committee.

Commenting on a Berita Harian report today quoting EC deputy chairperson Wan Ahmad Wan Omar, Loke said the senior EC officer’s statement was “uncalled for” and reeked of political mileage.

Loke acknowledged that the committee is open only to MPs, but stressed that it would still need to get feedback from the public and civil society groups such as Bersih 2.0 to make sure the committee’s recommendations would cover the interests of all Malaysians.

“If non-governmental organisations, especially Bersih (2.0), are not included in the committee’s consultation process, the formation of the committee would be meaningless.

“The EC needs to shift their paradigm in (thinking that) the electoral system only involves political parties and politicians. The electoral system involves every citizen and all parties should work together to create a clean and fair electoral system that would spearhead a mature democracy.”


200人抗议调委会报告结果 促提控3反贪官员

Posted: 17 Aug 2011 07:55 PM PDT

Source: Nan Yang San Pau

  • 主办单位及民众一起点蜡烛为逝世两年的赵明福默哀示敬,左起刘诗美、赵亮辉、张念群、查尔斯、张秀华及赵丽兰。

(巴生17日讯)约200名巴生及班达马兰区市民参与巴生站的"赵明福烛光会",在追思会上抗议皇家调查委员会报告指赵明福"自杀"的结论,促中央政府以误杀或疏忽致死罪名提控三名反贪污委员会官员。

主办单位及与会民众促请中央政府根据律师公会的诉求,以误杀及疏忽致死来提控最后盘诘赵明福的三名反贪会官员,还事件一个真相。

这项烛光会由民主行动党巴生国会选区联委会主办,除了为已故赵明福声讨公道,同时为其他在反贪会及执法单位扣留室无故身亡的民众申诉不平。

赵明福的至亲,包括父亲赵亮辉、母亲张秀华及胞妹赵丽兰皆现身,参与烛光会。

大会当晚也举办"明福沉冤待雪讲座会",主讲人包括沙登区国会议员张念群、蒲种区国会议员哥宾星、巴生区国会议员查尔斯圣地亚哥、班达马兰区州议员刘天球和时事评论员黄进发。

在场者包括全民挺明福协调员黄业华、行动党巴生国会选区联委会主席何福强、班达马兰新村长刘诗美及巴生市议员西华杜来等。

多位主讲人当晚在演说中讲解调委会报告书与案件事实存有的诸多疑点,并促中央政府应根据律师公会的建议对付三名被点名的反贪会官员。

刘天球:报告诸多疑点

刘天球指出调委会的报告书存有诸多疑点,至今无法解释,令人难以接受。

他促中央政府接受律师公会的建议,以误杀及疏忽致死的罪名来提控三名盘问赵明福的反贪会官员。

张念群:坚持追讨真相

张念群指中央政府用人民的钱成立调委会调查赵明福案件,但调委会报告结论却指赵明福被自杀,毫无真相可言,令人难以接受。

"我翻查调委会的报告书发现许多证人口供与事实不符,如一些被刻意安排出现的证人,被疑是为反贪会洗脱罪名而出现。

"我们不轻易忘记这案件,坚持为赵明福追讨真相。"

查尔斯:对付幕后黑手

查尔斯质问:最后盘问赵明福的三名反贪委员会官员,到底对他做了什么?

"我们要知道这三名官员背后,是否曾受到他人指示,因为幕后黑手更应受对付。

"人民有人权,证人即使接受反贪会盘诘也不该受折磨。"

他说,只有撤换执政的中央政府,人民才能改变这一切。


MY VOICE FOR NATION

Posted: 17 Aug 2011 01:40 PM PDT

MY VOICE FOR NATION


Without iron-clad assurances of meaningful electoral reforms in time for 13GE, a PSC is neither useful nor acceptable

Posted: 17 Aug 2011 12:10 AM PDT

And now - voters with non-existent MyKad code

Posted: 17 Aug 2011 12:08 AM PDT

SUARA PERAK

Posted: 17 Aug 2011 11:53 AM PDT

SUARA PERAK


Media Post : BN Tolak Soalan DUN Yang Berkepentingan Rakyat

Posted: 16 Aug 2011 11:26 PM PDT

Philosophy Politics Economics

Posted: 17 Aug 2011 10:03 AM PDT

Philosophy Politics Economics


Tajuddin Bailout: GLCs Evasive in Disclosure

Posted: 17 Aug 2011 09:45 PM PDT

Pua: GLCs must reveal contents of Nazri's Tajuddin letter
By Yow Hong Chieh August 17, 2011

Pua lambasted the failure by MAS and TM to divulge the contents of Nazri's letter. — File pic
KUALA LUMPUR, Aug 17 — The government-linked companies (GLC) now suing Tan Sri Tajuddin Ramli must disclose the contents of Datuk Seri Nazri Aziz's letter to settle the cases, in the interest of transparency and corporate governance, DAP's Tony Pua said today.

The DAP publicity chief said there was no point confirming receipt of the de facto law minister's letter without providing details as shareholders and the public still did not have confirmation that the GLCs were told to drop their suits and seek an out-of-court settlement.

"Until today, we do not have confirmation of what exactly is in the letter. We have hearsay," he told reporters at DAP headquarters here today.

"It is ridiculous to say you received a letter but don't say what's in the letter. It's like I'm a company... and I announce that I got a contract but I don't tell you from who, I don't tell you the amount, I don't tell you how long the contract is and I don't tell you what the contract is about."

In separate filings made to Bursa Malaysia last night, Malaysia Airline System Bhd (MAS) and Telekom Malaysia Bhd (TM) confirmed receiving a letter from Nazri instructing them to drop their suits against Tajuddin and to seek out-of-court settlements.

Neither, however, revealed the contents of the letter in question.

Pua also highlighted what he claims to be "unjustified" interference by state investment arm Khazanah Nasional Bhd in GLC operations after several of them issued near-identical statements on Bursa Malaysia last night in connection with their suits against Tajuddin.

Both MAS and TM announcements read: "However to date, MAS/TM has not received any proposal for settlement from TSDTR, and is not engaged in any negotiation with TSDTR in regard [sic] to an out of court settlement of the legal suits concerning MAS/TM.

"As a general rule, MAS/TM is always open to explore an amicable out of court settlement in any dispute it is involved in, provided the Board of Directors of MAS/TM are fully satisfied that based on proper legal advice, a settlement and the terms thereof are in the best interest of the Company and its stakeholders."

Khazanah has a 48.83 per cent stake in MAS following last week's share swap with AirAsia, and a 36.78 per cent stake in TM.

"Did Khazanah draft this announcement for them or is it the respective boards and management crafting their own announcements?" Pua said.

"It's a massive, uncalled for and probably unjustified interference by a major shareholder in the regular operation of these GLCs."

Read the full article in The Malaysian Insider here.

Join BN? Dream On!

Posted: 17 Aug 2011 07:38 AM PDT

DAP tells Nazri to 'dream on' that it will join BN
By Debra Chong August 15, 2011

KUALA LUMPUR, Aug 15 — Senior DAP leaders today laughed off an offer from Barisan Nasional (BN) Cabinet member Datuk Seri Nazri Aziz for the opposition party to join the ruling coalition and swell its ranks.

Both party adviser Lim Kit Siang and national publicity chief Tony Pua rejected Nazri's offer made yesterday in an interview with Chinese daily Sin Chew Daily, saying the DAP would immediately be forced into a racial mould the instant it joined the powerful coalition, which went completely against the party's beliefs.

"Nazri can dream on. He needs to get his perspective correct. We are not a representative of the Chinese community. We represent the Malaysian community at large," Pua told The Malaysian Insider today.

De facto Law Minister Nazri had purportedly extended the invitation based on the BN's predecessor, the Alliance's, past record in winning the opposition Gerakan to its side after the latter party took Penang in the 1969 general election.

Gerakan was among a host of parties that joined the three original Alliance members — Umno, the MCA and MIC — to form the BN in 1973.

While he acknowledged that the DAP remained a Chinese-dominated party that appealed largely to one ethnic community, Pua stressed that "they are not a racial party".

"We do not subscribe to BN's divide-and-rule ideology," he said.

"Only a new politics and a new national compact, breaking completely away from the politics of 'divide and rule' along ethnic lines, subordination of public interests to private greed resulting in destruction of independent national institutions, rampant corruption and cronyism where privatisation has become piratisation and NEP an instrument to foster Umnoputras in the name of Bumiputeras, can save Malaysia," Lim said, elaborating on Pua's remark.

Read the full article in The Malaysian Insider here.

MRT: Chinatown Land Acquisition II

Posted: 16 Aug 2011 05:30 PM PDT


Traders and shop owners express their opposition to the proposed acquisition
of their properties for the MRT today. 
— Picture by Jack Ooi

Prasarana should stop making outrageous excuses to make unnecessary property acquisitions on the pretext of making way for the MRT in Chinatown.

Syarikat Prasarana Negara Bhd project development director Zulkifli Mohd Yusoff said last week that the land and buildings above the tunnel in Chinatown had to be acquired because "Section 44 of the National Land Code 1965 states that property owners not only have the right to the plot itself but also the air above and ground below."

At the meeting with the affected property owners on Thursday last week, Zulkifli said that SPNB had spent "three to four months" in talks with the Attorney-General's Chambers to see if it was possible to tunnel underneath existing properties without having to acquire them but was told it could not be done.

"We had months of discussion with the Attorney-General's Chambers on how we can have the tunnel underneath and the buildings remain... but under the current law, there is no such provision," he said.

The above "excuse" for the compulsory acquisition of land above the tunnel is complete and utter nonsense. Either Prasarana is trying to get away by telling tall tales, or the Attorney-General's Chambers does not know what laws have been passed in this country.

The National Land Code 1965 had been specifically amended in 1990 to allow for the acquisition of underground land without affecting surface property by inserting Part Five (A) (section 92A to 92G) under Clause 3. The amendment enables the disposal of "underground land", which can then either be alienated or leased or can be subject to the right of use.

In fact, when the Amendments were debated and passed in parliament on the 15 December 1989, the then Deputy Land Development Minister, Dato Haji Mohd Khalid bin Mohd Yunus had presented the bill and clarified that this was to enable the construction of underground car parks, underground railways and underground pipes and other conduits.

…Terdapat juga keadaan di mana kawasan-kawasan yang terhad yang berada di kawasan strategik, perlu dikekalkan sebagai kawasan lapang, padang permainan dan lain-lain kegunaan awam. Dalam keadaan sekarang tanah yang berada di bawah paras bumi tidak dapat dilupuskan secara berasingan. Dengan kemampuan teknologi yang ada pada masa ini, tanah di bawah permukaan bumi mungkin bloeh dimajukan bagi kegunaan yang tertentu, seperti tempat letak kereta, keretapi bawah tanah dan lain-lain.

…Pindaan kepada Kanun Tanah Negara pada kali ini timbulnya dari… Keperluan mengadakan peruntukan bagi membolehkan pelupusan tanah di bawah paras bumi bagi kegunaan yang berlainan daripada kegunaan tanah di permukaan bumi dan Kajian semula Akta Hakmilik Strata 1985… (Hansard 15 December 1989 pp 11320-11321)

Clearly then Prasarana is attempting to hijack the above pieces of land which affects the heritage shop lots in Kuala Lumpur's Chinatown for the purposes of profit and not for the purposes of MRT construction works 100 feet underground. Such action for profit is clearly the use and abuse of the Land Acquisition Act 1960 in bad faith.

Given that it is possible for Prasarana to acquire the use of land underground without having to acquire property on the surface, it must now immediately withdraw its order to the affected landowners without causing any further inconvenience to them.

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