Friday, January 05, 2007

MORE PICS – LDP TOLL Agreement Reveals SHOCKING FACTS; RATES Are ALL Fixed from 1998 – 2031; Lopsided Agreement; DAP Leader SLAMS SAMY Over Contract

UPDATE: Jan 07 2007; 18:45
The Toll Hike Protest ended after Two hours in sunway Pyramid; Protesters surrounded and could NOT march to the LDP Toll Plaza. No untoward incidents. The crowd was estimated to be more than 2000 thousands
More pictures in the next post when available.

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Short is our memory but long is the pain now. If we read closely Kit Siang’s statement (below), In 1987 he raised hell in parliament stating that the letter of intent to UEM “stinks to the skies, and appears to be an even greater scandal than the BMF scandal”. When he took it to the court and with “six judges in my favour and four against, I still lost, and the people and country also lost “- not just over the UEM case but an important test case on public litigation to hold the government to public accountability for its decisions and actions. Kit should now do another challenge again as the courts were under cloudy skies then. Maybe the climate has changed to do another “last battle”, to right a wrong in these agreements.

So who is paying now, the urbanized, marginalised, affordable car owners and this is the way of making easy money. All these hefty tolls can be viewed as “legalized open extortion” with veiled force all in the name of privatization and “to make traveling easier in and out of the city where the population has reached two million, causing daily massive traffic jams”. We are trapped in these urban jungles and without them we are lost for sure.

Bank robbers with a gun or knife know they are using threats and FORCE to get what they want and everyone agree that it is a crime and a wrong. The government has political power - the power of a bureaucrat of a statist society is the power of fear -- the power to initiate force. He can force you to do his bidding by legally threatening your life and freedom. Such power is derived by destroying, or threatening to destroy values – The local councils can confiscate your home for not paying your assessment rates, or threatens you with a jail sentence if you crash through a toll barrier.

Only by the initiation of force can a man be prevented from speaking, or robbed of his possessions, murdered or can a man's rights be violated. Our rights in these toll arrangements have been completely sold out by the government and is being continually practice (see the coming new DUKE Highway HERE, 34 years)

Here we have these political, intellectual white collar robbers working in cahoots to rob the rakyat legally by signing these sorts of concessionary agreements. Are they not of the human kind without any moral conscience or the sense of right and wrong?

The difference between political and economic power is the difference between - (plunder, punishment and destruction) and (production, reward, and trade)

The true businessmen’s power is the power of persuasion: the power to appeal to one's mind. Such power is derived by creating value--such as a better tolled highway at lower and reasonable prices.

When will the breed of politicians be born, not greedy, conscientious and honest, and made every effort for businessmen to invest not only to earn a reasonable return, but to achieve their fortunes by economic trade and create the wealth to share with others means -- through production and trade.
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ANTI-TOLL COALITION Committee...from Left Ronnie Liu (DAP), Dr Hatta Ramli (PAS), Tian Chua and Khalid Ibrahim (KeAdilan)... Dr Sanusi Osman (KeAdilan)...

ABOVE: Gamuda the 49% owner of LITRAK is having a bright future as reported on Dec 25 o6 by STAR and BELOW, the last two years have been lean with "low margins" overseas contracts. Not only the LDP contract but also the SPRINT one way toll in Damansara/PJ (see below jpg)

No Umno-led BN Govt, No toll hike!

January 4th, 2007 by ronnieliutiankhiew

Media statement by Ronnie Liu Tian Khiew, DAP CEC member and NGO bureau chief on Thursday, January 04, 2007 in Kuala Lumpur

Umno-led BN Govt signed away our rights to Litrak and other toll concessionaires

The Coalition Against Toll received a copy of the agreement signed between the Government and Litrak, the toll concessionaire of the highly lucrative LDP Highway. This is the first time the coalition has obtained such an agreement. An initial reading confirmed beyond doubts that the agreement was lopsided and totally in favour of the toll concessionaire. Litrak, just like any other toll concessionaires in the country, is an Umno related company. Irama Duta holds 51% shares and the remaining 49% goes to Gamuda.

Just like Grand Saga (the toll concessionaire of Cheras –Kajang Highway), Litrak has recovered all its building cost just a few years after its operation in 1998. The company has all together 34 years to collect toll. Most parts of the LDP Highway were existing roads except for two new roads (the Kg Sg Penchala section and a new road over the mining pond and Sg Klang to Sunway Interchange on the Shah Alam Epressway). Litrak was allowed by the BN Government to build 4 toll plazas along the LDP. The Government also allowed the Concessionaire to fix the Agreed Toll

regardless of how much profit the concessionaire has made during the tenure of agreement! The Agreed Toll was also fixed without factoring the increase of traffic volumes over the years. There is no rationale and justification for such a lopsided agreement.

ABOVE: Dato' Lin the Director (is a brother of Dr Lin See Yan, the former deputy Governor of Bank Negara) who signed (BELOW) on behalf of Litrak is now the MD of Gamuda. To see more details of other Directors & Gamuda, Go H E R E

BELOW: They have contracts in India & Taiwan and we wonder what sort of agreements they signed with them. Do you think those governments are so stupid as ours?

Just take the example of Class 1 Vehicle (ordinary passenger cars you and I were driving) that passing through the Sunway LDP toll plaza as an illustration. Under the agreement, from 1998 to 2006, the road-users supposed to pay RM1.50 ; from 2007 to 2015, the fee supposed to be increased to RM2.10; and from 2016 to end of concession period, it will be increased to RM3.10. Now, because of the protest from the Coalition Against Toll in 1998, it was slashed to RM1.00 instead of RM1.50; but the Government has to pay the full compensation to Litrak to make up for for the shortfall.

So, Litrak not only loses nothing in revenue, it also got to receive compensation from the Government well in advance on top of getting extension of toll collection for another one year. This year, the toll fee was fixed at RM2.10 according to the agreement. It was again slashed to RM1.60 following the protest from the Coalition. But the Government has no choice but to pay compensation in advance to Litrak. This will happen again in 2016 because the BN Government has already committed to Litrak in the lopsided agreement. Please also take note that in the event of heavy losses; the Government must buy back the toll company as a bailout. There are really no risks involved for the toll companies. The Seremban-Port Dickson Highway was a classic example.

The Coalition (make up of MTUC, Jerit, Suaram, Youth4change and opposition parties like DAP, PAS, Parti Keadilan Rakyat and PSM) is now challenging the BN government to disclose all the agreements signed with the toll concessionaires if they have nothing to hide. Let the people be the judge. The Coalition also wanted the Government to suspend the toll increase and immediately start a reviewing process of all agreements signed with toll companies.

So, asking the Government to reduce the toll fees now is never a solution thanks to the lopsided agreement. Litrak and all other toll concessionaires will be more than happy to accept the arrangement as they get to receive the compensation well in advance without losing a single sen in toll collection.

What is the way out for the rakyat then? The real solution lies in changing the government. Only a change in government would allow a review of all agreements signed with the Umno or Umno related toll companies with the new government. There is no two ways about it.

It appears to all that demonstrations would not make the arrogant BN government leaders to change their minds. So what is the use of this coming Sunday demonstration to be held at the Sunway Pyramid shopping centre? The demo is to mark the protest of the Malaysian people against the hefty (60% increase) toll hike. It also serves to wake up Malaysians who are still ‘sleeping”, thinking that they have voted for a government that cares for their interest. The Coalition has invited the top guns from various NGOs and opposition parties to address the people on the issue of toll hike.

= = = == == UPDATE fromby ronnieliutiankhiew, January 5th, 2007

The Sun reporters sacked for exposing Litrak in 1999

I am reproducing this message sent to me today for readers of Colour-blind (his Blog)

Both Ganesh Sahathevan and Alan Yeoh were sacked after writing several articles concerning Litrak. See Hoy Chan and EPF. Gamuda’s executive director Dato’ Lin Yun Ling happens to be the brother of Dr Lin See Yan, the former deputy Governor of Bank Negara. Tan Sri Ramon has responded to say that he only owns 1,000 shares and he bought the shares after retirement from civil service. We were not sure how much shares were owned by AAB and Napsiah Omar.

———- Forwarded message ———-
Date: Sun, 29 Aug 1999 08:31:35 PDT; From: ganesh sahathevan
Subject: LDP Highway: A highway to Government indulgence

The owners of the privatised Lebuhraya Damansara Puchong(LDP), Lingkaran
Trans Kota Holdings Bhd (Litrak),have just announced that their revenue
is , and will continue to be higher then expected. It’s executive director and substantial shareholder, Dato Lin Yun Ling, has even announced that the company has a surplus of about RM 200 m in cash. All this after the Government agreed to pay Litark RM 85 million, at the height of the recession, in “compensation”, for revenues lost when the
company agreed not to raise toll rates by RM0.50, as provided in the concession agreement with the Government. This “compensation” may sound fair, but one must consider the assistance that the Government has ALREADY provided the company.

First, there was a RM535 million fixed rate loan from the Employees Provident Fund (EPF), for a term of 13 years which even Lin Yun Ling described as “uncommon”; EPF normally lends for only 5-8 years. Then,there was a RM98 million loan at concessional rates. The rates have yet to be disclosed by the Finance Ministry. On top of all this there is also a RM 100 million grant to pay for land acquisition. Some analysts say that the RM 85 million the Government has given Litrak is actually in excess of the revenue that the company might have lost by its own estimates.

The main beneficiary of the Government’s kindness has been Lin Yun Ling, whose Gamuda Bhd, constructed the LDP in a joint venture with Yusof Daud, for a cost of RM 600 million, or RM 40 million per km. In comparison, theNKVE only cost RM 10 million per km. Lin and Raja Elena of Perak are Gamuda’s two largest shareholders. What are the reasons for such special treatment? Perhaps the answer lies in Litrak’s shareholders. The largest shareholder is now Gamuda, a company linked with Perak royalty and a number of ex-civil servants.

Ministers Napsiah Omar, and Dollah Badawi are also shareholders as is former secretary general of the Treasury , Ramon Navaratnam. Then there is also Institut Kefahaman Islam (IKIM), various state bodies, and even Rating Agency Malaysia. Most mysterious of all shareholders is Litrak executive director, Haji Yussof Daud, who controlled , before listing, 51% of the company, via a company with a paid-up capital of only RM 100,000. He now controls about 30%. A more mysterious shareholder is one who controls 600,000 shares via a dormant, RM 2 company, whose directors are Gamuda finance managers.
They in turn, report to Gamuda and Litrak director Saw Wah Theng. Saw
is an alternate director to Lin on the Litrak board.

To see more details of other Directors & Gamuda, Go H E R E

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'Reveal agreements with highway concessionaires'
Pauline Puah SUN

KUALA LUMPUR (Jan 4, 2007): The Coalition Against Toll Hike wants the government to reveal how it reached its agreements with highway concessionaire companies, which put the public at a disadvantage. "The government has never revealed any contracts although they involve public interest," said Tian Chua, information chief of Parti Keadilan Rakyat, a member of the coalition. He told a press conference today the public had never been informed about the cost breakdown of highways such as the Lebuhraya Damansara-Puchong (LDP). "It is strange that the costing was determined through a process that was not transparent," he said. He argued that under the agreement with LDP concessionaire company Lingkaran Trans Kota Sdn Bhd, the government has very limited power to tell the company to stop charging or reduce the toll. "The government is creating a money-making machine. "As long as people are still using the toll, the government and the people have to pay. Why did you draft such a ridiculous contract?" he asked. He also took to task Works Minister Datuk Seri S. Samy Vellu. "In the contract, the government has already decided the rate of the scheduled payment. So why does Samy always say the government has been negotiating with the concessionaires?" He said the terms of reference in the contract only benefitted the concessionaire company. "There is no room for adjustment ... The people and government are the losers in the contract." Keadilan treasurer-general Tan Sri Khalid Ibrahim said the Official Secrets Act should be repealed so that the details of the negotiations can be made public. He said the government should have a right to information act, which would allow the public to ask for details of such discussions to be revealed.

"The government servants can also be whistle-blowers," he said. Others present at the press conference were the DAP NGO bureau chief Ronnie Liu, PAS treasurer-general Dr Hatta Ramli, Keadilan Wilayah Persekutuan chief Dr Sanusi Osman and deputy Secretary-general Dr Jeyakumar Xavier. Effective Jan 1, tolls at five highways in Selangor have gone up by as much as 60%. These highways are LDP, Shah Alam Highway, Cheras-Kajang Highway, KL-Karak Highway and Bentong) and Guthrie Corridor Highway. When announcing the toll hike last month, Samy Vellu said since 2000, when agreements with the five concessionaires were restructured, the government had paid out RM2.589 billion in the form of cash and extension of concessions to compensate the operators.= = = = = =

Samy Vellu dreaming or suffering from amnesia when he claimed that he had shown me the North-South Expressway concession contract for study for nine hours – when I was in fact in Kamunting Detention Centre when the contract was signed on 18th March 1988

Media Statement by Lim Kit Siang

(Parliament, Thursday) : Works Minister Datuk Seri S. Samy Vellu (ABOVE)must be dreaming or suffering from amnesia when he told reporters last month that he had shown me the North-South Expressway (NSE) concession contract for study for nine hours – when I was in fact in Kamunting Detention Centre when the contract was signed on 18th March 1988. My opposition in 1987 to the highly improper, irregular and even illegal award of the Letter of Intent to the then United Engineers Malaysia Bhd (UEM) and success in securing an interim injunction to stop the signing of the concession contract was the primary reason for my second detention under the Internal Security Act under Operation Lalang and Karpal Singh’s ISA detention, as he was my counsel.

I had raised strong objections in Parliament in July 1987 to the award of Letter of Intent to UEM for the privatization of NSE, declaring that it “stinks to the skies, and appears to be an even greater scandal than the BMF scandal”.

I had questioned Samy Vellu why UEM was awarded the Letter of Intent when among the six pre-qualified tenderers, there were other more competitive bids than UEM for the contract. During the heated exchange in Parliament, Samy Vellu offered to show the various tender documents at his Ministry and a delegation of DAP MPs took up on his offer. We were shown a mountainous pile of the various tender documents, with the voluminous sheets of various projections for traffic volume, toll rates, increases and collections as well as financing proposals, but we were not allowed to remove any document.

In the hour-or-so we spent at the Ministry, it was not possible to absorb all the details – but enough to be reinforced in our objections to a most improper, irregular and even illegal award of the Letter of Intent to UEM.

This was why on August 18, 1987, I filed a suit at the Penang High Court for an interim injunction to restrain the Government and the UEM from signing the NSE contract.

The following facts and chronology are interesting:
18th August 1987 - Justice Edgar Joseph Jr refused the application for an interim injunction.
25th August 1987 - on appeal to the Supreme Court, Tan Sri HH Lee, (Chief Justice Borneo), Tan Sri Wan Suleiman and Tan Sri Wan Hamzah ordered the interim injunction to be issued “with liberty to apply” and at the same time directed an early trial of the suits.
5th October 1987 – Justice V. C. George rejected appeals by Government and UEM to set aside the interim injunction.
27th October 1987 - Karpal Singh and I, together with over a hundred others, detained under the Operation Lalang ISA crackdown.
16th March 1988 – Supreme Court by 3 to 2 upheld the appeal of the Government and UEM and discharged the interim injunction. In favour were Tun Salleh Abas (Lord President), Tan Sri Abdul Hamid (Chief Justice Malaya), Justice Hashim Yeop Sani while dissenting were Tan Sri Abdoolcader and Datuk George Seah.
18th March 1988 – Government and UEM signed NSE contract.

It must be noted that a total of ten judges had been involved in the decision as to whether I had the locus standi to move the court for an interim injunction against the Government and UEM to restrain the signing of the NSE contract, with six judges deciding for and four against. With six judges in my favour and four against, I still lost, and the people and country also lost - not just over the UEM NSE case but an important test case on public litigation to hold the government to public accountability for its decisions and actions. The first Prime Minister, Tunku Abdul Rahman had weighed in on the issue in his weekly column, As I See It, writing: “I consider it improper and irregular for a leading political party to make use of its power to amass wealth at the expense of other business ventures” (The Star 24/8/87), with the then Prime Minister, Datuk Seri Dr. Mahathir Mohamad responding: “We agree…but who is going to pay the $360 million for the Umno complex?” (The Star 29/8/87).

The Star was not spared as it was one of the three newspapers closed down in the Operation Lalang crackdown. When it resumed publication, it was a very different Star, starting with the removal of Tunku as the weekly columnist. The NSE concession contract, for which Karpal and I were detained under the ISA under Operation Lalang, has still to be made a public document although it was signed nearly 20 years ago. All privatization contracts, the NSE as well as the five highways which had increased toll rates this year - Guthrie Corridor Expressway (GCE), Shah Alam Highway (KESAS), Damansara-Puchong Highway (LDP), Kuala Lumpur-Karak Highway and Cheras-Kajang Highway – must be made public if the Abdullah administration believes in accountability, transparency, integrity and good governance. For Malaysians who want to register their protest against another round of unfair toll hikes, they should support the demonstration organised by the Anti-Toll Coalition of political parties, NGOs and trade unions on Sunday (7th January 2007) at 4 pm in front of Sunway Pyramid, Subang Jaya.

* Lim Kit Siang, Parliamentary Opposition Leader, MP for Ipoh Timur & DAP Central Policy and Strategic Planning Commission Chairman

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And where is Samy Vellu hiding now? Gone to India! It is interesting to know who is picking up the tabs for this trip ostensibly as an “investment mission” but actually a private affair for the rich and successful Malaysian Indians like that Astro man. But you have a lot of NON-Indians tagging along (for a break or a holiday?) "hanger-ons"; who is sponsoring them??

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January 03, 2007 12:50 PM

MIC President To Lead 120-strong Delegation To Indian Diaspora Meet

KUALA LUMPUR, Jan 3 (Bernama) -- Works Minister and MIC president Datuk Seri S. Samy Vellu will lead a 180-member delegation to the Pravasi Bharatiya Divas 2007, a conference which brings together people of Indian origin living overseas. The three-day conference, which kicks off on Jan 7 in New Delhi, is aimed at bringing expertise and knowledge of the overseas Indian community to India in an effort to further boost collaboration among Indians worldwide. Samy Vellu's delegation to the conference, dubbed the Indian Diaspora, would include MIC and non-governmental organisation heads and 20 Malaysian media practitioners.

"We will use this forum to seek more investments, especially infrastructure-related investments. We will also exchange information on various national and international issues," Samy Vellu said in a statement Wednesday. He said he would use the conference to hold discussions with several chief ministers of Indian states to explore business opportunities available there for Malaysian businesses. The Malaysian delegation, which will also include Construction Industry Development Board chief executive officer Datuk Hamzah Hasan, is confident of securing more business deals during the trip. "We hope to tap the increasing opportunities for infrastructure projects in
India. It is a booming economy and it is only opportune that we use this platform to get more business," said Samy Vellu who is slated to present a keynote address at the conference. MIC deputy president Datuk G. Palanivel will also deliver a paper at the Diaspora.

= = = = = ==Check the latest UPdate Jan 05 2007

MURDER TRIAL - Altantuya Shaariibuu - Justice K.N. Segara Fixed Date on MARCH 10 2008; WWW; 14 Months from NOW. Abdul Razak Baginda BACK on REMAND; More details in Update As and When Available.

= = == = = =to see details & MORE Pictures of PREVIOUS PROTESTS

DEC 29 06 - at LDP, Subang, GO


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Dec 31 06 - at Cheras, GO


= = = = = = or on the latest posting of the Murder Trial of Abdul Razak Go H E R E On

MORE PICTURES-MURDER Altantuya Shaariibuu-TRIAL Set ON 10 MARCH 08(14 months away) ; NO BAIL Abdul Razak So BACK To JAIL; BONE FRAGMENTS Collected & Taken back to Mongolia for a Grand Funeral By Father

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CHECK back later for MOre Details & Pictures LDP Protest (at 4pm) -

By "Anti Toll Coaltion" today 7th jan 07


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