31 Jul 2015

THE TURBULENT WEEK IN MALAYSIA

31st July 2015.
 
PRESS STATEMENT BY:-
TAN SRI DATUK ROBERT PHANG MIOW SIN
JUSTICE OF THE PEACE.
CHAIRMAN – SOCIAL CARE FOUNDATION
 
 

  
Last week, we have read, seen and felt many turbulences happening in Malaysia.
 
1.     YB Tan Sri Muhyiddin Yassin being dropped as Deputy Prime Minister of Malaysia.
 
2.     The lineup of the new Cabinet, with a lot of surprises – such as the PAC members have been absorbed into the new Cabinet, leaving the PAC proceedings in abeyance.
 
3.     YBhg. Tan Sri Gani Patail sacked/terminated as AG with immediate effect – The Rakyat does not know the reason but for sure the Government needs to explain to the Rakyat. His termination as AG has received mixed reaction, although many rejoiced with this decision but equally many would like to know the reasons.
 
4.     Is YBhg. Tan Sri Gani Patail (Ex-AG) a threat to the Government? This is the question majority of the Rakyat ponder.
 
It is absolutely true that Malaysians from all walks of life should at least learn and perform themselves to be patriotic to our country and nation. After all, the racial unity in this country is still intact.  We must pursue, uphold and defend it at all cost.
 
Salutations to YDH IGP Tan Sri Khalid over the recent incident at Low Yat Plaza, where YDH IGP said in handling the nature of this crime, he is color blind.  Syabas YDH IGP Tan Sri Khalid for your wise decision to help maintain the peace and harmony within the various races and ethnics in Malaysia.
 
Salutations also to YB Tan Sri Muhyiddin Yassin for showing us you are truly a matured statesman.  We Malaysians wish you the very best in your future endeavors.
 
 
 “HUMBLENESS IS GOOD VIRTUE, ARROGANCE SHALL FALL, AND THE MEEK WILL RULE THE WORLD”.
 
Tan Sri Datuk Robert Phang
Justice of the Peace.

21 Jul 2015

祈愿首相署部长拿督魏家祥早日康复

新闻稿 - 请即刻发布 (21-07-2015)



社会爱心基金会主席丹斯里拿督彭茂燊太平局绅
祈愿首相署部长拿督魏家祥早日康复


从报章上得知首相拿督斯里纳吉前往探访病中的署部长拿督魏家祥,我也借此献上我衷心的祈愿,希望拿督魏家祥迅速康复。

我大胆的建议:《手酸了,可将手里的东西放下,身心累了,请把心里的烦恼放下。》我认为,目前最重要的,就是拿督魏家祥要先顾好自己的身子,切记..切记在上有父母及爱妻孩子们,他们更希望您能快点康复。因此,也希望他暂时放下一切,以便能够静心休养。


由于健康是每个人最重要的本钱,拥有健康,才拥有希望。虽然,我和拿督魏家祥在许多立场上都各持己见,但我衷心为他祈愿,愿他早日康复。

16 Jul 2015

IGP DENIES RACE ELEMENT IN LOW YAT PLAZA RUCKUS – COLOR BLIND IN PDRM ACTION AGAINST THOSE RESPONSIBLE FOR VIOLENCE AT LOW YAT PLAZA.

16th July 2015.

PRESS STATEMENT BY:-
TAN SRI DATUK ROBERT PHANG MIOW SIN
JUSTICE OF THE PEACE.
CHAIRMAN – SOCIAL CARE FOUNDATION



Salutation to you YDH IGP Tan Sri Khalid Abu Bakar, for your firm decision and action in handling the Low Yat Plaza disgraceful episode. Needless to say, Tan Sri’s action has directly and indirectly affirmed the stability in our country.  By Tan Sri’s action it has also won and woo the confidence for the Rakyat.

As for the Rakyat, Tan Sri’s concern for the security and stability of the Nation, is equally the top priority concern for us.

The Rakyat pray that Tan Sri’s goodself and PDRM will keep up the good work.

SYABAS TO YDH IGP AND PDRM.


“HUMBLENESS IS GOOD VIRTUE, ARROGANCE SHALL FALL AND THE MEEK WILL RULE THE WORLD”.


SELAMAT HARI RAYA

                   To All our Muslim Friends & Families. Selamat Hari Raya Aidilfitri




14 Jul 2015

TAN SRI DATUK ROBERT PHANG VS CHAN TSE YUEN

14th July 2015.

PRESS STATEMENT BY:-
TAN SRI DATUK ROBERT PHANG MIOW SIN
JUSTICE OF THE PEACE
CHAIRMAN - SOCIAL CARE FOUNDATION 



Write up on hearing dated 6.7.2015 btw TSRP v CTY

Tan Sri Datuk Robert Phang Miow Sin (TSRP) sued Chan Tse Yuen (CTY) for a defamatory article published by CTY in his blog.

The writ summons and statement of claim were served on CTY. However in an attempt to avoid hearing the matter on merits, CTY applied to court for the following:

1. To set aside the service of the Writ Summons and Statement of claim; and
2.To strike out the Writ and Statement of claim on the basis that TSRP is a 'non persona' as the title Tan Sri Datuk (attributed to TSRP by the Federal Government) is not included in TSRP's NRIC.
3. To strike out the Writ and Statement of Claim on the basis that the name Robert renders TSRP a non persona as it does not exist in TSRP's  NRIC.

TSRP on the other hand, simultaneously applied to court to amend the writ and statement of claim to remove the name Robert from the writ and Statement of Claim but argued that the title Tan Sri Datuk should remain.

Court held:
That CTY's application is only a preliminary objection and does not affect the merit of the case as CTY never objected to the publication of the purported defamatory article.  Hence, the honourable court allowed TSRP's application to amend the Writ and Statement of claim to remove the name Robert but the title Tan Sri Datuk to remain as it is.

However the court dismissed CTY's application to strike out the writ and Statement of claim and ordered the matter to proceed to trial to hear the matter on merits.


“HUMBLENESS IS GOOD VIRTUE, ARROGANCE SHALL FALL, AND THE MEEK WILL RULE THE WORLD”.

Tan Sri Datuk Robert Phang
Justice of Peace

STOP HOOLIGANISM & DON’T INCITE ANY RACIAL FEELINGS –APPLY SEDITION ACT.

14th July 2015.

PRESS STATEMENT BY:-
TAN SRI DATUK ROBERT PHANG MIOW SIN
JUSTICE OF THE PEACE.
CHAIRMAN – SOCIAL CARE FOUNDATION


It is crystal clear that the recent incident at Low Yat Plaza is a very straight forward case of theft. 

The culprit was apprehended and this was followed by the culprit’s group creating unnecessary unrest.  Salutations to IGP YDH Tan Sri Khalid for openly saying the he will arrest all those who were involved in this hooligan style activities.  There is no area for the slightest indication that racial issue was involved.

We must have faith in PDRM capabilities under the leadership of IGP YDH Tan Sri Khalid plus KL Chief of Police YDH Dato’ Tajuddin.  They will be able to contain the problem.  I totally support IGP and Dato’ Tajuddin to apprehend anyone who incites racial unrest under the Sedition Act. PDRM is left no choice to do the necessary, regardless of the race or religion.  I urge the politicians and MPs to go down to the ground and walk the talk which is to practice the spirit of Muhibbah that was practiced by our forefathers.

In the meanwhile, all of us must remain cool and calm.  Do not spread unnecessary rumors.  Let us continue to maintain the peaceful and harmonious lifestyle that all fellow Malaysians continue to enjoy. Malaysia is indeed a beautiful country. Keep it up.

IGP has affirmed that the culprit’s accomplice was released by the investigating officer without his superior’s knowledge. It was rumored that the released accomplice was the son of a policeman.  Once again I say, let PDRM investigate and the truth will surface.


“HUMBLENESS IS GOOD VIRTUE, ARROGANCE SHALL FALL, AND THE MEEK WILL RULE THE WORLD”.

Tan Sri Datuk Robert Phang
Justice of the Peace.

9 Jul 2015

1MDB SCANDAL BITES.

9th July 2015.
 
PRESS STATEMENT BY:-
TAN SRI DATUK ROBERT PHANG MIOW SIN
JUSTICE OF THE PEACE.
CHAIRMAN – SOCIAL CARE FOUNDATION
 
1MDB SCANDAL BITES.
 
YB Dato’ Seri Hishammuddin Tun Hussein has openly said “NO ONE IS ABOVE THE LAW”.
 
The Rakyats agree on allegations made against anyone, then the implicated persons must explain.  Similarly I like to emphasize, no one is guilty until proven and therefore the IMDB Scandal issue investigation must move on. Principle of natural justice “THE RIGHT TO BE HEARD MUST BE ENSURE TO BE GIVEN OR EXTENDED”, to the alleged person – YAB PM.
 
The whole nation will be monitoring on this issue. I like to highlight that, YAB PM has openly instructed his team of lawyers to probe into the whole issue.  Let us remain cool and calm, awaiting the findings of the investigation task force.  It is only fair, we leave YAB PM alone as he is still innocent up to now.
 
After all, the whole issue is only on “HEARSAY” basis.  It is extremely dangerous and unfair to pin anyone down, without any evidence.
 
 
“HUMBLENESS IS GOOD VIRTUE, ARROGANCE SHALL FALL, AND THE MEEK WILL RULE THE WORLD”.
 
Tan Sri Datuk Robert Phang
Justice of the Peace.

Let’s be fair to Najib, say two 'Tan Sri'

Respectable public figures have given their say about the 1MDB fiasco involving Prime Minister Najib Abdul Razak and two of them believe that fairness should be accorded to the premier.

Social Care Foundation chairperson Robert Phang, when asked whether Najib should go on leave while investigations are underway, believes that the public must listen to Najib’s explanation first.

“Whatever that has been reported is only one-sided. We may or may not like him, but what that has been reported can also be considered as hearsay,” Phang (photo) told Malaysiakini.

“I strongly believe we must follow the natural justice principle. The right to be heard has to be given.

“Let’s be fair to Najib, we have to listen to his explanation. No one is guilty until proven so,” said Phang, who is also panel commissioner of the Malaysia Anti-Crime Commission.

Meanwhile, Asian Strategy and Leadership Institute (Asli) director Ramon Navaratnam, also pointed out that allegations thus far had only been “hearsay”.

“So far, there’s nothing concrete against him, it’s all a lot of hearsay,” he said.

“Has it been proven that the money was used for personal use?”

When pointed out that Najib has neither denied nor admitted that the RM2.6 billion was transferred into his personal bank accounts, Ramon said there was no point for Najib to do so since whatever he says would be subject to criticism on both sides.

“The task force is investigating, let him answer their questions, he can’t be answerable to everybody.

“(And) why should he declare his accounts to everybody? Let him do that in the court of law,” he said.

Asking all to treat Najib with “some dignity”, Ramon reminded that in any value system, one should not simply falsely accuse someone.

“But if the accusation is based on facts and evidence, then the price has to be paid," he said.

Culture of crab, clawing each other down

Without a sense of balance, Ramon, who is also corporate advisor to the Sunway Group of companies, cautioned that there would be anarchy.

“Then the next person who goes up, you can tear him down also,” he said, pointing out that the “crab theory” was at work.

“We are developing the culture of the crab, clawing each other down,” he said.

Former Sabah state secretary Simon Sipaun (photo), on the other hand, said the prime minister should indeed go on leave.

“When you have an ongoing investigation, the person to be affected by the investigation should step aside so that the task force can do its business independently and more effectively.

“Because while he is the prime minister, he is the boss of these four people, so what do you expect?"

The Wall Street Journal last week revealed that RM2.6 billion of 1MDB’s funds were deposited into Najib’s personal bank accounts.

A special task force was then formed comprising of Bank Negara governor Zeti Akhtar Aziz, Attorney-General Abdul Gani Patail, Inspector-General of Police Khalid Abu Bakar, and Malaysian Anti-Corruption Commission (MACC) chief Abu Kassim Mohamed.

The task force has since frozen six bank accounts related to the case.

7 Jul 2015

希望首相拿督斯里纳吉发挥政治智慧昂首引退

新闻稿——请即刻发布 (07-07-2015)

社会爱心基金会主席丹斯里彭茂燊太平局绅
希望首相拿督斯里纳吉发挥政治智慧昂首引退


自《华尔街日报》报道一马公司有7亿美元(约26亿4424万令吉)资金流入疑似首相拿督斯里纳吉的两个私人银行账户之后,我认为,拿督斯里纳吉就如跳入黄河也洗不清,无论他怎么解释,也无法挽回他昔日的声誉和公信力,因此,此时此刻的首相,也应该认真考虑将职权移交给下一任首相。

身为一名马来西亚公民,坦白说,我对近年国内政治的乱象感到忧心忡忡,国内乱局频生,动摇了国内的稳定局势,吓走了外资,连累了国家经济,影响了国民的生计。如果时任首相退位可以挽回这局势,以及可以维持国内的稳定,那么,拿督斯里纳吉就应贯彻他主张的“以民为先”的政策,发挥他的政治智慧,让位给接任者,以梳理目前错综复杂的问题。

据我个人对目前局势的观察,如果以强硬手段逼宫,强迫拿督斯里纳吉下台,他必定会尽最大的斗争,这将引发动荡不安的发展,因此,我们必须先安内,即给予拿督斯里纳吉一个下台阶,让他能够昂首引退。

然而,作为一国的领导,拿督斯里纳吉也应该向所有马来西亚人交代,那两个报道中私人账户到底是怎么一回事。自《华尔街日报》爆出拿督斯里纳吉的两个私人账户之后,几天来,他也只是否认挪钱自用,但对于两个私人账户的存在,则没有给予承认,也没有给予否认。因此,作为一国之首的他,应该给予我们一个交代。

我也赞同首相胞弟纳西尔的声明,一切应以国家及人民为先。然而,我相信,马来西亚人民也会发挥民主精神,给予拿督斯里纳吉一些时间,以厘清这个问题,但应该有个时限,最好月内解决!

我敢大胆预测,如果拿督斯里纳吉无法证明那两个私人账户与他无关,问题一直悬着,最终拿督斯里纳吉可能会落得跟菲律宾前总统马可斯伉俪一样的下场,不仅影响他的家庭,甚至拖累整个国阵。因此,他当前的一个决定至关紧要。

此外,我也认为,是时候总检察长丹斯里阿都干尼该给予“政治基金”一个明确的定义。如果要杜绝贪污问题,政治基金应该有个明确的定义,因为,这是法律鞭长莫及的范围,只要将赃钱视为政治基金,赃钱也变白钱,但到底去了那里,则不得而知,因此,立法管制是一个有效的途径,以遏制这问题。

6 Jul 2015

‘Only students of Du Zhong allowed to sit for UEC’

KUCHING: Former magistrate and veteran counsel Chong Siew Chiang believes that Kuantan Chong Hwa High School (Guan Zhong) is not a Chinese independent school (Du Zhong) based on the letter of approval; hence, its students are not eligible to sit for the internal examination to acquire Unified Examination Certificate (UEC).

He pointed out that having a non-Du Zhong students sitting for UEC would be an infringement of Section 69 of Education Act 1996.

“Any individual who contravenes the Section should be guilty of an offence and upon conviction, be liable to imprisonment for a term not exceeding one year,” he said, adding that such offence would even result in UEC being declared invalid and the school concerned slapped with a closure order.

Chong made these remarks during a seminar on the recent leadership crisis of United Chinese School Committees Association of Malaysia (Dong Zong), organised by Kuching Si Ho Lim Clan Association, at Crown Square here on Friday night.

The letter of approval for Guan Zhong that decides its status has been cited as the initial incident that leads to a spate of unpleasant internal conflicts within the Dong Zong.

Chong asserted this was the reason why Dong Zong chairman Dr Yap Sin Tian and its deputy chairman Chow Siew Hon insisted on adhering to the law and the association’s constitution, rather than risking any Du Zhong being transformed.

“The letter of approval clearly states that the teaching medium for Guan Zhong is Bahasa Melayu (BM). This is totally different from Du Zhong whereby BM is just a subject.

“As stipulated under the Education Act 1996, the government defines UEC as an internal examination. Besides, Prime Minister Datuk Seri Najib Tun Razak, who is a former education minister, in a Parliament reply dated Dec 18, 1995, said the current 60 Du Zhong in the country should remain status quo under the Education Act 1961, and that only students of Du Zhong are allowed to take UEC examination.”

On another camp challenging and aiming to topple Yap and Chow, Chong said this group failed to observe and abide by the association’s constitution 5(2)(3), 5(3)(1) and 5(a)(9).

According to the said constitution, he said the Central Committee (CC) line-up would have to be agreed on and formed before the election of members for the Central Executive Committee (CEC).

“On Dec 7, 2014, this camp refused to attend a meeting aimed at discussing matters on Guan Zhong. Later, they called for a meeting in the absence of Yap to come up with a new CEC leadership – with the aim of toppling Yap.

“This is the ‘law of jungle’ which we shall no longer use. Moreover, toppling is not gentlemanly. Yap was elected chairman according to the rules of the association, but the so-called new chairman of the new CEC was not elected according to the rules.”

Chong stressed that the association’s constitution ‘is the contract binding all members of the association’.

“In the recent case of Dong Zong, it has become crystal clear which camp was challenging and going against the rules.”

On the arguments by some quarters that the current 60 Du Zhong that were without letters of approval – making them no different from Guan Zhong – Chong dismissed such statement as ‘ignorant’.

“The said letter of approval comes into effect following the enactment of Education Act 1996. Prior to that, the requirement of such letter of approval did not exist. However, the 60 Du Zhong do hold a permit.

“What I have laid out is based on facts and the perspective of the law. As a lawyer who has been in practice for 49 years, not even the judge in court could dismiss my statements – yet there are quarters out there judging me left and right.”

Chong said although the Malaysian government did not recognise UEC, some 600 universities worldwide would accept UEC holders into their institutions.

“UEC is widely recognised by many renowned universities including those in Singapore, Hong Kong, Japan, China, the United States, Australia, Canada and the United Kingdom.”

Meanwhile, Yap hit out at Dong Zong secretary-general Poh Chin Chuan, who was responsible for submitting another CEC line-up to the Registrar of Societies (ROS) – a move, if not withdrawn in due time, might lead to the de-registration of Dong Zong.

He said it was evident that Poh and his camp would stop at nothing to achieve their agenda. He thus announced some measures to ‘save Dong Zong’.

“Firstly, Poh and his camp must withdraw and cancel the illegitimate CEC line-up so that ROS would not have two lists of leaderships. Secondly, they must not abuse the power and submit an illegitimate list to ROS since they have access to the passcode.

“Thirdly, their act of producing illegitimate CEC line-up has been branded as contempt of law. They have already been dragged to court and a verdict can soon be expected. Once convicted, there will be consequences.

“And lastly, Poh and his camp have been infringing the rules to induce a series of crises in order to wrest power – people could not help but ask whether such a secretary-general should be retained in Dong Zong.”




Source : http://www.theborneopost.com/2015/07/05/only-students-of-du-zhong-allowed-to-sit-for-uec/#ixzz3f5nlUdBp