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 21^st 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

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.


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

Joshua

Independence Message 2012

JK – Digest 1 of August, 2012 – Independence message for 2012

What kind of message do you want now?

There are many  lying political messages as we so often see now in the mass media –

 all distortions from those socalled leaders also ‘nincompoop’ even at this time and age.

Who are they really fooling but themselves?

There are so many items and we cannot give exception to the press in this game of deceptions.

In this message, I only want to deal with TWO items namely the RCI

on Project IC and the Oil & Gas wealth not to mention the 5% only.

1.         RCI on Project IC

After so long in coming and still so long to implement it and still on investigation

of the ‘rotten egg’.  You want to believe the much delay in the Terms and Conditions

which can be simply copied from my Book – “EPIC of Sabah” not another EPIC

 of BN/UMNO for the wrong reasons.  EPIC is Extra People Identity Cards for almost 5 decades.

All sorts of information on the RCI are emitting from some politicians all in the

 same boat from no way to no way but just feel good that there is such an RCI

 which Tun Dr M said “RCI is useless”..

So it is simply useless now with another round of rhetoric but passed onto

 RCI – a sick boat and a sick joke too.

It was announced on 11 August 2012 and today on 26 August, do we hear

 anything more of that?  Now it is on the Oil and Gas wealth in Sabah.

Soon RCI from no where with end up into no way as the problem is too big

 for the RCI to investigate only.  We have got up to 2 millions of illegal people

 including all the offsprings of the project IC groups now considered Malaysians

 by default after some decades especially since early 1990s when UMNO came to power on the

 piggy bank of Project IC created by MUSA Amen and his gang as widely reported in the press. 

How would it take 6 months to complete the RCI to investigate and nothing would happen

 to implement that ?  What good is that in the context of Independence when the genuine locals already outnumbered are soon to be refugees in their own homeland?

That is Janji Ditepati ? Promises fulfilled to convert the locals into refugees as few

Chief Ministers of Sabah (illegal Chief Ministers included) wanted it that way.  So promised fulfilled to the transient people.

I believe the Police had been doing so many investigations on our Police Reports

 repeatedly and now we go another round of musical chairs with no winners and

Sabahans all losers because it would take a herculean effort to implement the

 revocation of Project IC with appropriate political will.  I wish all the best to the experienced panelists in RCI.

2.         Now it is the lost cause in Oil and Gas in Sabah.

Sabah has been so generous to give spaces to the Project IC in millions of foreigners.

Sabah has been so generous too to give all the wealth away and retain only 5%.

  I want the leaders in 1976 to search their conscience as to why they had been

so generous to give almost everything away despite 20 points and the Malaysia Agreement

under the watchful eyes of the British colonialists.

If you own some land and houses, do you allow others to occupy 95% of the

property and you use only 5% of the said asset?

Nincompoops are so clever now as they play up again in the mass media.  Who do you think they fool?

The foolishness statement is about how much we in Sabah must get back? 10%, 15%,

20% and some 25% and better still 30%?  Are those percentages reality with the

present scenario when long terms contracts already signed  away with foreigners

(non Sabahans and foreigners)?  We Sabahans had been cheated since 1976.

  It was written on the wall with BLOOD of triple 6.  So some people

are so happy to toy with Blood in their hands.

So why not after 30 years, we take it back 100%.  Even some land tenure was reduced to

 30 years and then subject to new terms and conditions.  So why not the Petroleum

Development Acr be repealed after 30 years and all those contracts to be declared

null and void.  All we need is to amend the Act of Parliament with a fixed term

 and let others complain.  The poor rakyat had been complaining about the Oil and Gas but nobody is listening.

Now as the GE 13 is looming, some fools want to fool others with some listening

devices which would be switched off after GE13. There we go again.

The reality is 5% is already locked up.  Any change in that rate would mean the overall fund (the low one) would be the same and only play with some figures to fool themselves.

Any sincere parliamentarian to bring an amendment to the Petroleum Development Act 144? 

 Act now or forever ‘dead’.

That would be "Janji Ditepati" - promise fulfilled for 50 years of Sabah in Malaysia that Sabahans would be fools and poor.

Time for a total change under the acronym “PUTERA”  AMEN.          

To know more of IGGG go to http://fresh-air-in–iggg.blogspot.com.

Joshua Y. C. Kong

PM for IGGG Malaysia for the good of all.

Press your forward button to send to mail list.  Thank you.

STOP the 'killing' business after C4

JK’s digest 1 of April, 2012 (5 of 2012) – Razor blades in barge wire at Dataran Merdeka (DM) – lose all. Thank you Datin Marina Mahathir for this alert at the Dataran Merdeka on 28 April, 2012 where several protest groups Bersih 3.0 and Himpunan Hijau 3.0 and others for a Sit down event for a clean and free elections. Did the illegal PM comment on this? Did the Police Chief IGP mention about this? Did the Home Minister mention this? Why do you think the Police or PDRM did it even after it had obtained a Court Order against intrusion at the Dataran Merdeka? Even the co-chairman of Bersih 3.0 advised the public not to go in but get as close as the Dataran Merdeka. Did the Court order state the use of the razed barge wire around the DM? Did the DBKL order that? Yet the national news declared that the Police handled the Sit-down protest professionally? Was the razed barge wire a professional approach? To me this razors attached barge wires are meant to kill innocent people and so it is a nation managed by UMNO/BN to kill his people merciless after robbing the people in all ways and sucking the nation especially Sabah and Sarawak drier of the national resources only for the ill gotten gains to be parked in foreign banks if you go to Sarawak Report, Malaysiakini, Malaysia Today and my own 30 Police Reports and more.. Now this is another matter such as “Bernas was originally a Government entity. Later, it was divested to Rosmah's family connections.” We are also told the same things in many projects and contracts are owned by that connection. Would the relevant authorities confirm that those costly razors attached barge wire also the business of that family? Is that business of deaths? The people should be allowed to move into KL like in a picnic/carnival and nothing to worry if the number going in any time is unusual even up to a million of concerned peaceful people. There is only hope for all if my proposal as “LOVE SABAH, LOVE MALAYSIA’ with me as the PM of the Interim Good Governance Government IGGG can change the fortune of the nation to stop the rot for almost 60 years under the most corrupted system. Joshua Y. C. Kong http://fresh-air-in-iggg.blogspot.com/ PM for IGGG in Malaysia.

NFC - nothing for consumers - sad

JK’s digest 1 of February 2012 (3 of 2012) -National Feedlot Corporation NFC



Is NFC a classic case of national feed-all corruption or now finish corruption or now finish cronyism?



It is just a tip of the iceberg of the massive corruption now exposed for whatever purpose is quite

obvious a political melt down of infighting within UMNO baru and that is way of the dragon

in 2012 to drive UMNO away from Sabah.



All the UMNO and BN socalled politicians and most illegal ones had been feeding on the ill gotten gains

for decades with the tentacles so much wide reaching from north to south and east to west including in Bornean Malaysia.



Now we see the NFC is a hard nut for UMNO to resolve as it represents UMNO’s deep seated malaise to the core of the nation.



Unless UMNO and BN deal with the dual tough challenge - Now Finish Corruption and

Now Finish Cronyism accordingly, it is difficult to appreciate what they have done for the

nation since independence as UMNO and BN has always claimed to be for the nation.



The lady minister who had gone on leave and has now returned is indeed a hot potato and

also likely a ‘sacred cow” to the doom of UMNO and BN.



Another 'sacred rhino" often stroked by UMNO and BN for the national disgust is the RCI of project IC.



PR with PKR –largely an off spring of UMNO is neither desirable to helm the nation.



Joshua Y. C. Kong



Author of three Editions of EPIC of Sabah

PM for IGGG Malaysia.



http://fresh-air-in.iggg.blogspot.com

The Chinese New Year Drag-on Message

JK – digest 1 of January, 2012 - The Chinese New Year Drag-on Message


Inevitable in the Happy and Prosperous Chinese New Year of the Dragon (one of the most so-powerful Chinese zodiac signs), we are tempted to remind ourselves of the drag-on episodes in the nation and beyond in the most important characteristics of the nation for the good, better or worst in the year ahead especially in the unfolding year 2012.



Najib put it to his supporters at the 2010 Umno general assembly, “even if our bodies are crushed and our lives lost, brothers and sisters, whatever happens, we must defend Putrajaya”. So how would Najib implement this message should a General Election be held in 2012 or even early 2013, and Najib losses power even without a General Elections? The illegal Prime Minister Najib has yet to answer the pressing question posed to him “Would he allow peaceful handover of power?” How would Najib defend Putrajaya should he is out of power? If he talked of crushed bodies and lost lives, the implication can be frightening. Would he take a leaf of Sabah’s power grab in 1985 or 1994 in Putrajaya with a Palace crisis especially it is a GE13 when 13 is symbolic for Sabah for the changes in 1967, 1976, 1985, 1994 where in 67, 76, 85, 94 each adds up to 13? For Sabah, the 13 is staring nervously at us with GE13 and 2013 for possible change of power.

Since Najib’s appointment at PM in April, 2009, he had hinted so many times of snap General Elections and that has yet to happen for a strategy only known to some but 13 cannot be avoided when M in Malaysia is also the 13th Alphabet. So it has been a drag-on on the speculated GE13 and the people have been the victims of so many prevailing and also drag-on circumstances.



Najib had another drag-on scenario in 2012 of the ‘1Malaysia’ bill of goods to 1,000 delegates at a Global Movement of the Moderates conference as a guide to the pursuit of “moderation in democracy, rule of law, education, human dignity and social justice”. Despite that intention for whatever reasons, the inevitable ‘extremism’ practice would drag-on in Malaysia and beyond to bring the nation and the people down. Who are to be deceived by this pursuit of ‘moderation’ when in practice it is so obvious? When the many General Elections – past and the one yet to come is to be rigged by the powerful group none other than the Election Commission as unshakeable solid, how would we call that ‘democracy’? When the national robbers and scammers strike yet again at the GE13, you call that rule of law? What kind of education, human dignity and social justice any illegal Government want to impart through the Parliamentary Select Committee on Electoral Reform (PSCER) when it is so superficial that only a few proposals for change or reforms out of hundreds are selectively accepted by the Election Commission? Even those proposals selectively accepted are so subjective and only known to a selected few and would not be reviewed by the public courts and the judiciary.. So one conclusion is that the PSCER is a sham or a farce and instead RCI on Election Commission is more appropriate for true and genuine justice. What a total and unjustified waste of public fund and participation by the disappointed concerned citizens at the PSCER just concluded in 2012? The other conclusion is that ‘extremism’ is a drag-on. The Election Commission would remain ‘aloft’ at GE13 possibly installing another illegal group when EC does not subject itself to public scrutiny – a drag-on.



Is it a moderation or extremism when certain public policies are still drag-on when form and substance of implementation are perpetrated? This is a very big area we can battle on. When the majority demand privileges and concessions, it is obvious the minority would be marginalized and victimized in the process. What the minority gets would be the leftovers. There was an official claim that the minority is getting a very good deal with RM30millions of assistance for some sectors of activities in a couple of years. I would like to ask how much the majority had been getting over the decades in similar sectors? The answer is already known. The practice of extremism over decades or much much longer had done irreparable damages and the socalled moderation is only a sort of plastic surgery over extremism if only we know the fundamental source of this practice.



As Dean Johns has written a long article on “Year of the Drag-on”, we are aware that many people give prominence to the year of the Dragon, and so as usual with every new year, many things do drag on and it is no different in 2012. For Malaysia with a culture of official corruption, and like every culture it is a drag-on year in and year out. For Malaysia, there are too many known and unknown cases of official corruption that can drag-on for decades and the list can be very long indeed like a perceived dragon with the extended fire spurned out from the mouth. When would all these end, nobody really knows? Malaysia now on the verge of bankruptcy expected to be ‘formalized’ in 2019 based on debts scenarios – the year before the Vision 2020 the year of the rate and my year too. Such worrying scenario should be addressed by all and if not acted upon, I believe Sabah would be in the worst scenario then in Malaysia given that the resources of Sabah are been siphoned off to enrich others near and far.



Why Sabah vis-à-vis Malaysia in worst scenario? Sabah has got the really raw deal in 1963 and the impact thereof is felt more and more as we go on or drag-on. With excessive population increases in recent decades and dwindling major resources such as timber, fossil oil and palm oil in terms of possible revenue to the state, Sabah is getting less and less against a background of rising prices in essential daily items such as transportation, food, energy, education, health, housing and social justice. The timber revenue is meager now, the 5% from fossil oil is a blatant insult to the ‘owners’ sitting on the natural wealth and soon oil palm sector face tough challenges from neighbours. With climate change, agriculture, horticulture, aquaculture, farming can present very tough economical challenges even for own consumption. So if we allow all the bad things in politics and economy to drag-on in Sabah, we may be too late to avoid the worsening unpalatable developments to emerge in Malaysia that would have grave consequences in Sabah.



So stop the drag-on now in the Dragon year especially in Sabah.



Meanwhile unfortunately we now have the drag-on in Sodomy 2 plus (appeal), Karpal on Perak (Sedition case) for defence, NFC for more dragon feeds, PKFZ still ongoing, and even a matching Bersih 3.0 for electoral reforms, possibly with a million march to see the illegal Najib in Putrajaya when the ban is enforced on Street walks under new Peace Assembly Act. Lots and lots still ongoing and possibly more to emerge to further run down the nation socially, economically, politically and financially.



We are aware of the fundamental reasons for such drag-on? I was recently asked this question. What is up? My response was every thing is up such as rising scandals, rising costs of living, some rises in wages, rises in taxes, rises in public expenditures, and only down with BN/UMNO. That is the reality now.



If BN/UMNO is not prepared to be down then PR –the arch political and personal enemy should not be allowed to proceed as the fire from the dragon cannot be selective.



So it is only wise for the wondering and wandering people and leaders to go for Interim Good Governance Government IGGG in Malaysia to be helmed by me for the expected changes in this year and beyond.



The impasse of drag-on must be given a chance to be broken. Give real peace a fresh chance. This message must go out now.



Joshua Y. C. Kong

http://fresh-air-in-iggg.blogspot.com/

PM for IGGG Malaysia

PSC for Electoral Reforms questionable

It is still early to know the outcome of the Parliamentary Select Committee PSC on Electoral Reforms.. I think it is useless.

It is really a smoke screen to cheat the people by yet rigging the General Elections via the EC with questionable short changes..

When there are over a hundred suggestions from the people who presented the papers, the PSC only highlight 10 items which are technically useless as those are subjective measures and surely to be manipulated by the various authorities especially the Election Commission.

So only Royal Commission of Inquiry on Election Commissions is the valid thing to do now.

Why EC? It is because EC is the most guilty party to rig the General elections...


All those electoral reforms are meaningless except my Commandment 10 + 1 where the key factor is the discrepancies on Ballot papers Issued. The finality of results to be declared after a proper audit by independent and professional parties on those discrepancies.

God bless malaysia especially Sabah.

Joshua Y C. Kong for PM of IGGG now.