Saturday, September 29, 2012

Comments on Budget 2013's speech

LIVE: Budget 2013 speech - salient points
4:10PM Sep 28, 2012

Prime Minister Najib Abdul Razak is reading his fourth budget speech which is aimed at shoring up support before the 13th general election and rein in the deficit.
"Since the last 55 years, Malaysians have placed their trust in the same government at every stage of the nation’s development. We thank you for your trust. We have never betrayed the people. Instead, we have repaid the trust given to us manifold," said Najib.

[JK’s comment –BN has made the people in Sabah and Sarawak – politically poor as voiceless; down trodden economically by grabbing most of our resources or turn blind eyes on so many Police Reports lodged by me worth up to RM30 trillions decades past and into the future; if it is not betrayal, it has been too much of a struggle for most people to use own dwindling resources to struggle against the people in power who operate through proxies very much rewarded by those in power disposing such challenges with taxpayers money and you don’t realize that it is indeed a real betrayal- a glaring  example is myself as Plaintiff in two High court cases against the Government, The Prime Minister and the Election Commission, and I incurred my personal money and ‘cheating’ at the Court to strike out my case and not interested in the merits of the cases which expose the massive rigging of the BN Government to stay in power.  A sincere Government would hear me out and reward me as a whistleblower but instead I was penalized by a hjardcore corrupted Government.  Najib calls that repayment of trust given to us manifold in the opposite direction.]

"This government has never promised the moon, the stars or the galaxy. We have never painted a pretty picture based on wishful thinking. As a responsible government, we continue to speak the truth even though it may be unpleasant.
[JK’s comment- Who expect anyone to promise the moon, the stars or the galaxy?  A public apology is now required from the Prime Minister.  If the Government is indeed responsible, it is timely that the Government albeit illegal repeals the Petroleum Development Act Act 144 now as that act alone had degraded Sabah and Sarawak with people who are begging daily.  Give us back the oil and gas as it is after 30 years of naked exploitation of colonialists.  That would be a good sign to the truth of our independence in 1963 with the formation of Malaysia to share the resources not to be robbed until today.  Get those national robbers into the prisons].
"We have never misled to the rakyat with tall tales. On the other hand, we have always offered solutions and provided good leadership to every problem faced by the rakyat.

[JK’s comment –every day in the press we read about so many misleading schemes by the Government for a selected group only and we do not know how many more are skeletons in closet like the triple 6 fatal incident in 1976.  What solutions is Najib talking about when the long overdue and much promised Royal Commission of Inquiry is still to function]

"Managing a complex multiracial country like Malaysia is not easy. It requires sincerity and intelligence because Malaysians are a discerning lot. In fact, the rakyat has given the mandate to the same Government 12 times since 1959, indicating that this Government has done the right thing.

"The trust that exists between the rakyat and the government cannot be broken no matter how strong the lies. In this regard, the Budget that I am tabling is in appreciation of all Malaysians who have placed their trust in us all this while."
[JK’s comment -The BN Government has been so long in power mainly doing the right thing by massive rigging of most General Elections with impunity.  I had brought two court cases on rigged General Elections 2004 and 2008, the illegal Government is so scared to look at the merits of the cases and simply struck them out.]

Contributed by Joshua Y. C. Kong

Friday, September 28, 2012

What is holding up the RCI on Project IC?

What is holding up the RCI on Project IC?

Some people are waking up to the reality.
ACT 1950 Act 119  Incorporating all amendments up to 1 January 2006, the commissioners has to call  those involved with the Project IC including those authors of books to give evidence.

Since the RCI was formed on 11 August, 2012 and the Commissioners receiving their letters on 21st September, 2012.  The panel needs to be in the gazette before it can function.

So who would on the list to be called to give evidence at the hearing?

The lists of those implicated would be still some prominent leaders still alive.

So it is not like a Parliament Select Committee where anyone can give their views.

So amongst those always implicated are some top state leaders including Musa Aman,  Yahya Hussein.

So the drama would soon unfold and would even cause the collapse of the State and Federal governments.

Without RCI on Project IC as completed and implemented, the GE 13 to be held would be meaningless.

I hope I can be called to give evidence as author of three books titled “EPIC OF SABAH’ in three editions since 2002.

Concerned citizens, please press for prompt action.

Joshua Kong

Wednesday, September 26, 2012

100% of oil & gas for Sabah

Oil royalty payment to Sabah: Six businessmen filed suit seeking declaration, agreement null and void

26th September, 2012 KOTA KINABALU: Six Sabahans businessmen yesterday filed a suit at the High Court seeking declaration that the agreement pertaining to the five per cent oil royalty payment between Petroliam Nasional Berhad and the Sabah State Government in 1976 is ultra vires null and void.
The plaintiffs who filed the suit at the High Court’s registry through their counsel Marcel Jude Joseph named Petroliam Nasional Berhad as first defendant and Sabah State Government as second defendant.
Zainal Ajamain, Lahirul Latigu, Mohd Julpikar Ab Mijan, Joseph Wilfred, Duli Dullie Mari Marie and Michael Peter Govind @ Mick Goviind are also seeking a declaration that Petroleum Development Act 1974 insofar as it applies to the said agreement entered on June 14, 1976 is also ultra vires null and void.
They are also claiming damages, costs, statutory interest and any other relief deemed fit by the court.
In their statement of claim, the plaintiffs claimed that both defendants entered the agreement after the Petroleum Development Act 1974 was passed.
The plaintiffs among others stressed that by the Petroleum Development Act, 1974, the entire ownership and the exclusive rights, powers, liberties and privileges of exploring, exploiting, winning and obtaining petroleum whether lying onshore or offshore of Malaysia is vested in Petronas.
In return of this, they claimed it is agreed that Petronas shall make to the government cash payment in the form of yearly sum amounting to the equivalent of five per cent of the value of the petroleum won and saved from areas in Sabah and sold by Petronas or its agents or contractors during the period provided in Clause 2.
It is further agreed that the government waives any right to royalty or any other payment payable pursuant to any oil mining lease, license or agreement under the Land Ordinance of Sabah or any other written law relating to petroleum for the time being in force in Sabah.
They stressed that the agreement is null and void and ultra vires article 74 of the Federal Constitution and the Ninth Schedule of the Federal Constitution which among others stated, except as to State rights over permits and licences, that the Federal Government has rights over development of mineral of mineral resources, mines, mining, minerals and mineral ores, oils and oil-fields, petroleum products, safety in mines, oilfields, gas and gasworks, production and distribution of power and energy.
Furthermore they claimed that the agreement is unenforceable by reason of the Petroleum Act 1974 being in contravention of Article 13 of the Federal Constitution of Malaysia which states that no law shall provide for compulsory acquisition or the use of property without compensation.
The plaintiffs also said that the agreement was executed by the executive arm of the State Government of Sabah and has yet to receive the approval and consent of the State Legislative Assembly and is therefore ultra vires null and void.
They pointed out that the agreement is also ultra vires null and void as it is merely a vesting deed and to date there is no agreement or contract between the first and second defendants in regard to the sharing and exploitation of the onshore and offshore resources of petroleum belonging to the State of Sabah.
They further claimed that the vesting of the petroleum resources of Sabah under the said agreement by the second defendant into the hands of the first defendant by which is neither the executive or legislative part of the Federal Government of Malaysia but merely a company incorporated under the Company’s Act 1965 is ultra vires null and void.
Meanwhile, Zainal who is the group spokesman and calling themselves R for Sabah or Royalty for Sabah told reporters that it is illegal for the Federal Government to take any of the oil as it is belongs to the people of Sabah.
“It is illegal for the Federal Government to take any of our oil, all 100% of it belongs to the people of Sabah, the Malaysia Agreement 1963 is very clear on this,” he said.
He said the oil should be given back to Sabahans and let them decide as to how much should be given to the Federal Government.
He also said that similar suits will be filed in Kelantan, Terengganu and Sarawak.


I had written in my recent latest message for Malaysia day and I post later,