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.
According to  the  COMMISSIONS OF ENQUIRY
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

6 comments:

  1. DANGER ahead for GE13 without RCI done and the electoral roll cleaned up for voters with Project IC.

    So GE 13 would be challenged in Court again.

    Previously there was no OFFICIAL recognition of Project IC, now it is known.

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  2. The Royal Commission of Inquiry (RCI) panel on Sabah's illegal immigrant issue, held its 1st meeting this morning. Headed by former High Court judge of Sabah and Sarawak, Tan Sri Datuk Amar Steve Shim Lip Liong, the RCI panel had a short discussion on the progress of the investigation conducted by their investigative unit which was established on 1st October this year.

    Specific areas of investigation is done based on the 8 Terms of Reference (TOR) announced by the Prime Minister Datuk Seri Najib Tun Razak in August 2012. The TOR aims to find a solution to the illegal immigrant issue in Sabah.

    Shim said, "At the moment I understand the investigation is nearly complete and we have fixed the date of hearing proper on the 14th of January next year." He added, "The judiciary has been kind enough to allot us with the main court room which will be sufficient to cater for both reporters and members of the public." The hearing will be held at the Kota Kinabalu High Court where the press conference following the meeting was also held this afternoon.

    48 witnesses have been identified through the investigations. According to the former judge, that number might be increased. He further added, "Anyone who can give us relevant information can come forward to testify."

    The panel is now in the process of finalising the list as well as the calling order of those witnesses for the hearing. No details were given about them in order to protect their identities.

    Shim said, " Barring any kind of complications we hope to finish the inquiry before the 6 months deadline." The date of appointment was in September 21st this year.

    He also announced that subsequent meetings will be held in the future where further questions can be asked. - Insight Sabah

    Members of RCI: Tan Sri Datuk Amar Steve Shim Lip Liong, the former High Court Judge of Sabah and Sarawak (2nd from left) addressing the media during a press conference held at the Kota Kinabalu Hight Court. Datuk Saripuddin Kasim, Secretary of RCI and the Secretary-General of the Ministry of Domestic Trade, Cooperatives and Consumerism (far left), and the panel members (starting from the far right) former State Secretary Datuk KY Mustafa, former Sabah State Attorney-General Tan Sri Herman Luping, former Kuala Lumpur police chief Datuk Henry Chin Poy Wu and former UMS Vice-Chancellor Datuk Kamaruzaman Ampon.

    Members of RCI: Tan Sri Datuk Amar Steve Shim Lip Liong, the former High Court Judge of Sabah and Sarawak (2nd from left) addressing the media during a press conference held at the Kota Kinabalu Hight Court. Datuk Saripuddin Kasim, Secretary of RCI and the Secretary-General of the Ministry of Domestic Trade, Cooperatives and Consumerism (far left), and the panel members (starting from the far right) former State Secretary Datuk KY Mustafa, former Sabah State Attorney-General Tan Sri Herman Luping, former Kuala Lumpur police chief Datuk Henry Chin Poy Wu and former UMS Vice-Chancellor Datuk Kamaruzaman Ampon.

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  3. "At least 48 witnesses have been identified" (see below)

    JK's comment is who are these people and would the RCI list them to see if they are qualified.

    Can other people apply to be witnesses? How?
    Is 14 January, 2013 already past the 6 months to come up with the Report of the RCI? If 48 witnesses possibly include NRD and Immigration Department bring their voluminous books and documents, that number could take up two months. So it is likely to end in end of March, and the report RCI would not be ready before the GE13 is due. How to remove those Project IC of about 200,000 or more in the Sabah Electoral Rolls before GE13 as last days in June? So GE13 nationwide and not only in Sabah is meaningless, null and void into anarchy as it is again another massive rigged GE13.

    So it is simply the RCI is not with a serious intention but to toy with falsehood and cheating.


    Joshua Kong

    Author of three editions of EPIC of Sabah

    RCI on Sabah illegals to begin hearing witness evidence from Jan 14, 2013
    http://thestar.com.my/news/story.asp?file=/2012/11/1/nation/20121101135712&sec=nation

    KOTA KINABALU: The Royal Commission of Inquiry (RCI) on Sabah's illegal immigrants will begin hearing evidence from witnesses from Jan 14 next year.

    At least 48 witnesses have been identified through investigations to provide evidence during the hearing, RCI chairman Tan Sri Steve Shim said after chairing the first meeting of the five-member panel at the High Court complex here Thursday.

    Prime Minister Datuk Seri Najib Tun Razak had announced on Aug 11 the setting up of the five-member commission.

    Other members are former Universiti Malaysia Sabah vice-chancellor Datuk Dr Kamaruzaman Ampon, former Sabah Attorney-General Tan Sri Herman Luping, ex-Kuala Lumpur police chief Datuk Henry Chin, who is now Malaysian Crime Prevention Foundation deputy chairman, and former State Secretary Datuk K.Y. Mustafa.

    The commission had been asked to complete its probe in six months under eight terms of reference, including determining the number of immigrants in Sabah that were given MyKad or citizenship and if these were done legally.

    It would also investigate if the issuance of MyKad or citizenship was according to the law and whether immigrants holding MyKad, temporary identification receipts or citizenship documents had illegally been registered into the electoral rolls.

    The commission would also probe if the authorities had taken any action or made any improvement to standard operating procedures (SOP), measures and regulation to prevent any infringement of the law.

    In its investigation of such SOP, measures and regulation, the commission is to take into account international standards and norms used in Malaysia and recommend any amendment or change to improve these.

    It will also check the reasons for the increase in the state's population of Sabahans living here, including those given MyKads and citizenship through late birth registration, foreign workers and their families, illegal immigrants and refugees, and their impact on the electoral roll.

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  4. PRESS RELEASE by Joshua Y. C. Kong 2nd November, 2012

    RCI Coaliton to be set up urgently.

    I would suggest we set up a Coalition with a committee to monitor proper conduct of the RCI on Dubious Citizens in Sabah.and to mobilize the resources we have as a group fully focused to have a master stroke to put this crisis to rest once and for all.

    We have this crisis too long for few decades and this RCIC can assist the RCI to perform faster and more effective as time is vital in resolving this within the six months to come up with a worthy comprehensive report not like the previous one done by the Parliament Select Committee which never saw the light in Parliament.

    There is no glory individually if some small groups to be witnesses and we could be repetition as this has been in many similar forums done for awareness.

    With 48 individuals or groups identified presently and we do not who they are and they can turn out to be “Trojan Horses” to thwart the effort of the RCI in the little time left for a proper hearing and then the final report could be watered down as the ‘guilty’ Government and some questioned ministers had been seen to make fabricated statements.

    To do true justice and for concerned Sabahans not to be missed out due to time constraint in the last months of the six months periods as allocated with the looming General Elections 13 although extension is permissible, we don’t want the RCI be a sideshow of the GE 13 which must be held in June 2013 with the Electoral Rolls Cleansed of project IC holders as voters especially in Sabah impacting the national Government post GE13.

    So RCI Coalition would in unity like Bersih 2 or even Bersih 3 (Sabah) in massive show of positive action to start working now to monitor the RCI in accordance with the Commissions of Enquiry Act 1950 Act 119.

    Since it is expected to be in the OPEN court, seats would be limited and the RCI Coalition of concerned NGOs and individuals should maximize its effort to mobilize all resources to be very effective witnesses, not to be rejected or set aside as in any Court cases.

    While 14th January 2013 may seem a lot of time, we need to meet as soon as possible in November in a small group to lay the ground work for RCIC. Please contact me on 013-8394513 or jknow823@gmail.com.



    Joshua Y. C. Kong,
    Author and Social activist
    Kota Kinabalu

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  5. Royal Commission of Inquiry on dubious citizens on the witnesses by Joshua Y. C. Kong 1st Nov 2012

    It is interesting to note that the promised RCI as announced on 11th August, 2012 by the Prime Minister sat for the first time as a Committee in Kota Kinabalu on 1st November, 2012. Was this announced in the press earlier?

    The latest news is that it is to be heard on 14th January, 2013 with about 48 witnesses as identified. Whether this RCI can complete its job within six months from 11 August, 2012 or the 15th September, 2012 as members appointed with letters is yet to be seen and 14th January, 2013 is at the tail end of this period allocated.

    How would all this few decades of crisis be resolved so within such as short time of 6 months?

    Before I would go into details of my own views, I would like this term “witnesses” be defined as far as project IC is concerned. I am not a lawyer and hope the legal fraternity can provide some guidelines on this.

    I have lodged a few Police Reports on the Project IC and in one of the statements taking, the Police investigation officer asked me if I could name a witness of the holder of project IC or a person holding an identity card or mykad issued under project IC.

    If that is the term of witness of project IC or holder of such IC, there would be into almost a million of such project IC holders for decades. Now RCI had only identified some 48 witnesses. Can these witnesses include Government departments such as the National Registration Department (NRD) and the Immigration Department ?

    So I hope the RCI can provide a list of these 48 witnesses to see how qualified, effective and positive is this RCI.

    If Commissions of Enquiry Act 1950 Act 119 be applied, I think all these witnesses would be invited to attend and failing which the Commissioners can issued a warrant of arrest to compel the attendance of any persons under section 8 (d) of the Act 119. Would the sittings be held in open court?

    Such witnesses in this context would be those alleged to have been involved with Project IC as it is known in many Police Reports and books published. If we browse through all the Police Reports and Court cases statewide, there must be hundreds or thousands of such witnesses. So how would this RCI perform to satisfy themselves and others that this is a job well done if only 48 witnesses had been identified given the period of 6 months? If every holder of project IC is to be a witness, then it would be millions in the nation.

    To cut the story very short, I believe the NRD has all the records of the holders of the Project IC and they just present their long lists of such holders, the job of the RCI Commissioners would be simplified. If the Immigration Department and the Police also cooperate well, the job is easier to be accomplished. I remember when Tan Sri Simon Sipaun called a dialogue on the explosive population in Sabah with the NRD and the Immigration in 2006, they did not turn up. So I hope this time round NRD, Immigration and Police would cooperate to resolve the issue of project IC once and for all provided the implementation stage would go smoothly too.

    It would also help the RCI Commissioners if all those witnesses identified are also those already identified in several important books on project IC would turn up and cooperate rather than just say “cannot remember”, “ my name has been played up” or what nots? [more to follow]

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  6. Press Release of Joshua Y. C. Kong – Activist 4th November, 2012



    RCI on Project IC is the vehicle for now for RCIC.



    We all know how difficult it is to have this Royal Commission of Inquiry on dubious citizens. Many of us have been calling for it for decades but not until 11 August, 2012 that it was announced and confirmed by the Prime Minister.



    While many disagree with the Terms of Reference for the RCI and called it whatever names, it is still some sort of ‘animal’ to bring us towards some sort of solution locally, nationally and internationally. RCI has been belatedly in coming and why we should not work on it? Many worked very hard when there was the panel under the Parliament Selective Committee which was aborted at the end. We were working individually and in small groups.



    So why not now we work in a different strategy in groups under RCI Coalition (RCIC) for better results? We have seen how Bersih, Bersih.2 or even Bersih.3 now for Sabah to work something in earnest for the Sabah people and Malaysians in general.



    There are so much to do in the joint effort with RCI rather than oppose it for the sake of opposing it as it is more important in substance (in the proceedings) rather than the form that it may be misleading initially.



    If we study the Commissions of Enquiry Act 1950 Act 119 in details, we may achieve win-win-win scenario with what we can do together at the RCI and we have ourselves to be blamed if after the end of the effort of the RCI, the Government of the day would claim it has done what we asked for it and that we have missed it for whatever reasons.



    So with the RCI, RCIC can come up with our own more detailed Report together with whatever recommendations for the Government – the present or the incoming one to implement our own version if we are not satisfied with the Official Report of the RCI. If we are still not satisfied with what the national government can do to implement tough decisions, and with our own report we can approach international bodies for proper resolution for our decades old crisis.



    So it is left for each one of us to act accordingly with urgency in RCIC to make another landmark effort and don’t leave it to others to implement anything. Do you know what was done in the landmark decision of the N13- Likas Court case, and those few confirmed illegal and project IC holders are still likely in the Electoral Roll.today. I checked that out in 2008 after the Cour’st Judgement in 2001.



    So together we can achieve something for this generation and many generations to come peacefully in the harmony of Sabah despite we face decades of hidden agenda of some Trojan horses including top leaders past and present.







    Joshua Y. C. Kong



    Proposer of RCIC

    012-8380897; 013-8394513

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