Golden opportunity for DAP leaders to practise what they preached

In May this year, we voted for a change of government at both state and federal levels after 61 years of suffering under the yoke of Umno and its partners. We voted for hope and change.

The Pakatan Harapan (PH) parties went from being in the opposition to becoming the government of the day. When they were opposition politicians they could only voice their objections and concerns. But today they are in power to carry out what they hoped and fought for. Are they carrying out the trust that we placed in them?

Let us examine this in relation to the biggest project confronting the people of Penang (also one of the largest mega projects in Malaysia): the RM46 billion Penang Transport Master Plan (PTMP), and more immediately, phase 1 of this plan – the proposed Penang Island Link 1 (PIL 1) and the LRT project. The PIL 1 is an extension of the aborted Penang Outer Ring Road (PORR).

What did our present Chief Minister Chow Kon Yeow say when he was the opposition MP in 2002? “If the findings of the Halcrow Report are true, Dr Koh would be irresponsible in pushing the PORR through as this will not be a long-term solution to the traffic congestion on the island…”

There were two other minor reasons why Chow opposed the PORR: because it was a tolled road and no open tender was used to award the project. But these cannot be the main reasons for opposing it.

And what did Lim Kit Siang say on May 28, 2002?

“The nightmare of the Penang traffic congestion is likely to be back to square one, not in eight years but probably less than five years, after the completion of PORR.

“What Penang needs is an efficient public transport system based on sustainable transport policy, as PORR is not a medium-term let alone long-term solution to the traffic congestion nightmare on the island.”

Since these two DAP leaders could not be clearer on why they opposed construction of the PORR as it would not solve traffic problems, how does Chow now justify the PIL 1?

According to the environmental impact assessment (EIA) of the PIL 1, the consultants reported that by 2030 (between five and seven years after completion of PIL 1), traffic volume will reach up to 8,000 pcu/hour (passenger car unit) during evening peak hours.

Translated into layman’s terms, we would be back to square one in terms of traffic congestion. This was exactly what the transport report of 1998 by international consultant Halcrow said of PORR. Back then, Chow asked Koh Tsu Koon (then Penang’s chief minister) to disprove Halcrow’s findings. Today we ask Chow the same question.

Public policy must be based on scientific study, analysis and evidence, not on whims and fancies. (That is why the Penang state government funds the Penang Institute to provide sound policy analysis and advice.) If the EIA’s conclusion is that the PIL 1 will not solve traffic congestion in the medium and long term, then the chief minister must justify to the people of Penang on what other grounds he based his decision to spend RM8 billion on one highway that will not solve Penang’s traffic congestion and is fraught with safety risks, on top of financial, environmental, social and health costs. How should he explain his volte-face?

Lim Kit Siang made it clear that the only alternative is to have an efficient public transport system. This is a golden opportunity for these leaders to implement what they preached. The chief minister said at a town hall meeting on Sept 20 that the state is proposing a balanced approach to solving the transport problem: building roads and public transport.

Let us examine the actual facts.

1. Penang island presently has 2.8 times more highways on a per capita basis than Singapore (84m per 1,000 persons in Penang versus 30m per 1,000 persons in Singapore).

2. The state government under the PTMP is planning to build another 70km of highways, many of them elevated, marring the city landscape and thereby doubling our highway per capita to 4.5 times that of Singapore.

3. Presently Penang’s public modal share of transport is dismal at 5%, i.e., only 5% of people who travel use public transport, compared to 67% in Singapore.

From the above, it is clear that Penang’s transport situation today is totally tilted towards roads and against public transport. Hence a balanced approach must mean prioritising improvement of public transport and not the construction of more highways that encourage more private road use.

The primary objective of the PTMP is to raise public modal transport share to 40% by 2030. But spending RM15 billion on building highways in the first phase of the PTMP (RM8 billion on PIL 1 plus RM6.5 billion on the three paired roads and tunnel under the Zenith package) and RM8 billion on one LRT line is NOT a balanced approach.

In fact, under the Halcrow PTMP, an integrated public transport network consisting of trams, bus rapid transit, commuter rail and a new cross-channel ferry service was estimated to cost RM10 billion. But all these are shelved or relegated to future dates while priority is given to building highways. The chief minister must explain to the people of Penang why such an unbalanced approach is adopted. Is the policy based on scientific evidence or on other types of interests that we are unaware of?

The saying that “justice must not only be done but must be seen to be done” aptly applies in this case. The people of Penang must have clear and credible answers to dispel any possible misgivings.

I respect and have worked with Chow for the last 10 years on the Penang transport issue.

I recall what he told Koh: that if the findings of the EIA report are true then Koh would be irresponsible in pushing the PORR.

Now, in the case of PIL 1, the arguments are even stronger that this will not be a long-term solution to the traffic congestion on the island.

Source: FMT by Lim Mah Hui

Lim Mah Hui is a former professor, international banker and Penang Island city councillor.

The views expressed are those of the author and do not necessarily reflect those of FMT.

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Critical time for DAP leader, Penang Chief Minister Lim Guan Eng

Fall from grace: Lim, who is facing two charges of corruption alongside businesswoman Phang (left), will continue as Chief Minister with the full support of his party. (Inset) The prosecution team is led by Attorney-General Tan Sri Mohamed Apandi Ali.

There has been widespread sympathy for Penang Chief Minister Lim Guan Eng but he is under pressure to walk the talk and take leave while he clears his name in court.

IT was almost 7pm but the sky was still bright when a convoy of cars emerged from the underground car park of Komtar, Penang.

The only hint that this was no ordinary caravan of vehicles was the flashing lights and siren from an accompanying police car.

The moment had finally come after weeks of speculation. Penang Chief Minister Lim Guan Eng had been arrested and was being escorted to the MACC headquarters to be charged in court the next morning.

It has been a spectacular fall from grace for the DAP leader who rose to power on an awesome wave of popular support and who is known as “Tokong” among the Penang people.

Lim has claimed trial to two charges, one of which pertains to using his position to benefit his wife Betty Chew and himself in the rezoning of a piece of land belonging to a private company known as Magnificent Emblem in 2014.

Another charge is related to his purchase of a bungalow from businesswoman Phang Li Koon a year later at below market value.

Phang, a mysterious figure until thrust into the media spotlight, was charged with abetment in the property transaction.

Gossip and speculation about the nature of the charges have been brewing among the cafe society but everything should be clearer when hearing begins towards the end of the year.

Lim is not the first political head of state to have waded into troubled waters.

Former Selangor mentri besar Dr Mohd Khir Toyo is now on parole after spending six months in jail for purchasing an under-valued “Balinese palace” from a company that had business links with the state government.

Another former Selangor mentri besar, Tan Sri Muhammad Muhammad Taib, also lost his job following the Australian Gold Coast affair that saw him charged with possessing undeclared foreign currency.

The late Datuk Seri Harun Idris was forced by Umno to resign in the 1970s after he was charged for corruption.

Lim is also not the first to resist taking a leave of absence after being charged in court.

Former Sabah chief minister Tan Sri Joseph Pairin Kitingan clung on after being charged for corruption. He was eventually found guilty but his penalty was not great enough to cost him his seat.

But Pairin’s time was old politics and this is supposed to be the era of new politics.

The DAP central executive committee has given Lim a ringing endorsement to stay on in his job on grounds that “there is no question of conflict of interest as Lim has no influence or control over the prosecution”.

It is only expected of DAP to stand by their top leader because if the top man falls, the party will become shaky.

But it also means that DAP is unable to walk the talk. The party is famous for asking others to step down over issues big and small but is unable to live up to the same principle when it involves one of their own. It will be hard for the party to judge others from now on.

It has put DAP figures like their Selangor chairman Tony Pua in an awkward situation. Shortly after the bungalow issue erupted, Pua had said there was no need for Lim to go on leave unless charges were brought against him.

He was quoted in a pro-Pakatan Harapan news portal as saying: “When charged, then (the person) should take time off.”

But legally speaking, the Chief Minister does not need to go on leave even with these kind of charges hanging over his head.

According to a Selangor judicial figure, forcing him out would be pre-judging him.

“He can still chair meetings, make decisions over land and development and sign documents. He can even go on with that tunnel thing.

“But having said that, a politician’s life is not only about legalities but also perception. He is representing a party that lectures others what to do. Can they still do that?” said the judicial figure.

Moreover, the Chief Minister’s focus, said the judicial figure, will now be divided between his case and running the state. There will be complications as the court case drags on.

Lim may not have influence or control over the prosecution but as the Chief Minister, he has control over the civil servants who may be called to testify in his case.

It will be awkward for potential witnesses who are his subordinates because not many people would be comfortable going to court to testify against their boss.

His presence would also bring uncertainty to the state and investors do not like uncertainty.

Still, it is his call and he has the full support of his party including that of party doyen Dr Chen Man Hin whose reputation is impeccable.

The charges against Lim are quite serious and it is only natural that he is doing what it takes to defend himself. Being Chief Minister will give him that much needed clout and back-up to face the complications ahead.

Besides, there is talk of new charges in the works related to the Taman Manggis land and also involving a company with links to “Miss Phang”, as she is known.

But there is also another side to the story why DAP is reluctant to have an acting Chief Minister take over from Lim.

Lim’s deputies are Deputy Chief Minister I Datuk Rashid Hasnon from PKR and Deputy Chief Minister II Dr P. Ramasamy from DAP.

Either one of them could act in Lim’s place if he goes on leave. But the sentiment in this Chinese-dominated party is that senior state executive council member Chow Kon Yeow should be the acting Chief Minister.

DAP would look terrible if Chow leap-frogs over the two deputies. It would only reinforce the perception that DAP is a Chinese chauvinist party.

However, if either Rashid or Dr Ramasamy takes over, the party’s right-wing Chinese base would be badly affected. Caught between the devil and the deep blue sea, DAP probably thought it would be better for Lim to remain at the top.

DAP leaders have slammed the charges as baseless and an attempt to topple a democratically elected leader. It is quite clear they intend to approach this as a political trial and to win over the court of public opinion.

A lot of Lim’s time will be spent convincing the public that he is innocent and a victim. Events like “Walk with Guan Eng” and “Session with the People” have been planned for today.

His supporters have tried to liken his dilemma to what Datuk Seri Anwar Ibrahim went through in 1998. It is not the best of comparisons given that Anwar was able to galvanise a whole generation of young Malays who flooded the streets in anger.

What DAP may have failed to take note of was that many Chinese intelligentsia have been wary of Lim’s leadership since the Mercedes-Benz episode. Lim had opted for a Mercedes S300L as his official car a mere three months after the state purchased a new fleet of Toyota Camry for the state leaders.

This was evident in comments by the Huazong chairman of Negri Sembilan, Lau Zhi Wen, who is as anti-Barisan Nasional as one gets and has often run down the 1MDB issue.

Lau’s comments in the wake of the court case have gone viral among the Chinese-speaking circle.

He recalled the early days when Lim flew economy class and provided hope for change and greater transparency. He said the people had longed for another Datuk Nik Abdul Aziz Nik Mat who was respected for his simple lifestyle.

But Lau said that Lim changed after winning by a bigger majority in 2013.

“Many said you grew arrogant, others still deify you. You changed cars, flew business class and bought a RM5mil bungalow for RM2.8mil,” he said.

Lau said he had high expectations of the Penang Chief Minister but would no longer speak up for him.

The Chinese vernacular press that would have once defended him to the hilt was also visibly neutral. The thing is Lim does not have as many friends in the Chinese media as when he started out as Chief Minister.

The Chinese vernacular media was instrumental in helping to propel DAP to power. They put Lim on a pedestal but now, eight years down the road, many of them have stories to tell about how they were treated by Lim and his staff and they are not pleasant stories.

The same goes for some of the lawyers watching the drama at the Penang courts on Thursday. A few years ago, they would have come out for him but on that day, their response was: “Let justice take its course.”

DAP is hopeful and confident that the court case will swing sympathy and support towards Lim and arrest the resurgence of support for Barisan.

They are painting their secretary-general as a victim of selective prosecution. Lim has also been trying to tug at the heartstrings with famous sayings that he would prefer to die standing than live on bended knees, and playing up his overnight detention at the MACC headquarters.

The court case proper has yet to start but the court of public opinion is already in session.



By Joceline Tan

Who's is who?

Judge: Judicial Commissioner Datuk Azmi Arifin

Accused: 1. Lim Guan Eng 2. Phang Li Koon

Prosecution:
1. Attorney-General Tan Sri Mohamed Apandi Ali 2. DPP Masri Mohd daud 3. DPP Mohd dusuki Mokhtar 4. DPP udiman lut Mohamed 5. DPP Mohd Ashrof Adrin Kamarul 6. DPP Mohd Zain Ibrahim 7. DPP Muhammad Fadzlan Mohd Noorbr

Lim Guan Eng’s counsel:
1. Gobind Singh Deo (lead) 2. Ramkarpal Singh 3. R.S.N Rayer 4. M. Kulasegaran 5. P. Subramaniam 6. M. Manoharanbr

Phang Li Koon’s counsel:
1. Datuk K. Kumaraendran (lead) 2. Dev Kumaraendran 3. Raj Shankar 4. Chetan Jethawanibr />

Taman Manggis land issue in Penang, a ‘Robin Hood story' or soap opera?

The twists and turns in the Taman Manggis land issue in Penang is starting to resemble a soap opera but it has also raised the question of whether the legal procedures are observed in the sale of state land.

THE showdown over a plot of land known as Taman Manggis or “mangosteen garden” in the heart of George Town is about to erupt in another slanging match on Nov 3.

Dubbed by some as the “Robin Hood story”, the Taman Manggis land has become one of the most controversial issues in Penang.

It has also become a rather entertaining saga of gamesmanship between Chief Minister Lim Guan Eng and his political secretary Ng Wei Aik on one side and the state Barisan Nasional Youth on the other.

The 0.4ha of land had been designated for affordable housing but before the project could take place, Barisan was toppled.

Lim’s administration has since reportedly sold the land for RM11mil to a Kuala Lumpur company that is planning to build a health tourism facility that includes a private dental hospital and hotel on the site.

That was how the Robin Hood thing came about, but with a twist where Barisan is accusing the Pakatan Rakyat government of being a distorted version of Robin Hood by taking land meant for the poor to give to the rich.

When Barisan accused the state government of selling the land at below market rate, Lim challenged it to buy the land for RM22.4mil. Lim probably thought Barisan would not take up the dare. After all, RM22.4mil is not small change.

But Barisan agreed and announced that it had set up a special purpose company to buy and develop affordable homes on the land.

Caught on one foot, the state government was forced to respond and Ng issued an offer letter to Barisan. And that was when the soap opera began.

The Barisan side led by its State Barisan Youth chief Oh Tong Keong proceeded to pay 1% earnest money as is called for in such transactions.

The next step, as anyone would know, is for the lawyers from both sides to draw up a sales and purchase (S&P) agreement.

Once that is signed, the buyer would pay the balance of the requisite 10% and depending on the terms and condition, the full amount is usually paid within three months or more.

This is to enable the buyer to raise funds or secure a loan from the bank.

However, following the 1% payment, Lim demanded that the Barisan pay up the rest of the amount within a month.

The outlandish demand saw a few jaws drop on the Barisan side. First, it is not possible for Barisan to cough up that kind of money in so short a time.

Another was the audacity of the demand.

“There is no S&P agreement in sight and the seller is demanding the full amount. Do they understand the laws of transaction? Without an S&P agreement, no one would want to pay RM22.4mil,” said architect Khoo Boo Soon.

Khoo, who was the former building director of the Penang Island Municipal Council (MPPP), is quite appalled at the frivolous way that state property is being treated.

He is incredulous that state land is being sold based on an offer letter by a political secretary on the instruction of the Chief Minister.

“I have been a government servant for more than 17 years. As far as I know, land transactions have to be discussed and decided by the state exco, the state legal adviser has to be consulted, the state secretary has to be involved. It cannot be a one-man decision, both parties need to sign an S&P agreement,” said Khoo.

The Barisan side was more direct. “This is government land, it belongs to the people. The land does not belong to the Chief Minister’s grandfather. We are not buying a bicycle or a car, this is about public land costing millions of ringgit,” said Oh.

The Barisan side had on Oct 3 written to the state government requesting for an S&P agreement before they proceed to pay up the rest of the money.

On Oct 8, the state secretary wrote back asking them to refer to the offer letter and to pay up within a month.

To compound this half-past-six state of affairs, rumours abound that the land has actually been sold to the Kuala Lumpur company.

No one can tell for sure because the state government has been tight-lipped about the issue.

Requests for information on the actual status of the land has run up against a stone wall.

On top of all that, the house that Lim is renting in Penang reportedly belongs to the wife of the major stakeholder of the Kuala Lumpur company.

The lady is also the cousin of state exco member Phee Boon Poh. The implication of all this is unclear but it does add spice to the story.

Many people following this soap opera are quite confused but that is what makes soap operas so addictive – there are lots of twists and turns.

The more discerning think Lim has no intention of selling the land to Barisan, hence the conditions and obstacles put in the way.

Some suspect the delay tactics are aimed at making Barisan give up.

But it would be a blow to Lim’s administration if the Barisan people actually purchased it and proceeded to build low-cost housing.

Lim would lose face, particularly given that his administration has failed to build any affordable housing since coming into power.

To make matters worse, this is happening amid an inflated property market on the island and where house prices have soared beyond the reach of 80% of wage earners.

Lim should be transparent about the issue. If the land has been sold, he should admit it.

If it is still in the state’s hands, then he should do the decent thing and use it for its original purpose.

Instead he is angry at being criticised and is punishing those who want to build affordable homes by doubling the price of the land.

A Penang lawyer said he is not surprised about the “Robin Hood issue”.

“What shocks me is the silence on the part of the Penang NGOs. They used to be so vocal on issues affecting public interest,” said the lawyer.

In the meantime, the countdown to Nov 3 has begun.

ANALYSIS BY JOCELINE TAN The Star/Asia News Network

P/S:  Landlady of CM’s residence is not wife of company stakeholder

Regarding the Taman Manggis land, the Star and State exco member Phee Boon Poh clarified yesterday that the woman in question is his cousin, she is not married nor is she the wife of the company stakeholder.

“My cousin and the stakeholder are just business partners,” he said.

The Taman Manggis land which had been designated for low-cost housing by the former Barisan Nasional government, became an issue when the Lim administration decided to sell it to a Kuala Lumpur company to develop a health tourism facility that includes a private dental hospital, hotel and multi-storey car park. 

Related post:
Land sold for a song? Aug 11, 2012