MORE PICS- Protest MEMO over SAMY VELLU’S Executive interference of Independence Attorney-General; OSA ABUSE: PROTECT Interests of TOLLED companies

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OSA threat: DAP supports Coalition leaders

Thursday, February 1st, 2007; Ronnie Liu, DAP Selangor

In a press conference held at the DAP headquarters in PJ this morning, SecGen Lim Guan Eng said the party will give legal and other support to all Coalition (Coalition Agianst Toll Hike) leaders who were summoned for OSA investigation. Lim has described the OSA investigation as high- and- heavy- handed, dictatorial and undemocratic. He criticised the BN Government for resorting to such threats in order to silent dissent on the toll hike. He said the rakyat, as taxpayers and road users, have the right to know the details of the toll concession agreement. So far, 4 of us were summoned to Bukit Aman on Monday 5 Feb 2007 ( Dr Hatta Ramli, Tan Sri Khalid Ibrahim, Tian Chua and me).

Many have called me soon after they know about the latest development. They were extremely unhappy with the high-handed approach taken by the BN Government . They all opined that the Umno-led BN Government must have a lot to hide from the rakyat. CIJ ( Centre of Independent Jounalists) will hold a press conference tomorrow to reiterate its stand on the need of freedom of information in this country in view of the recent threat of OSA. I urge all Malaysians to be united under the Coalition and continue to lend support to our public actions. Please come in full force on the coming Sunday “No to Toll Hike” peaceful demonstration to be held at the IOI Mall in Puchong at 4pm and at the same time show your solidarity with all four of us who were threatened with OSA.
See you on Sunday, 4pm at the IOI Mall, Puchong.

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This Executive interference and encroachment of the constitutional independence of the judiciary had been a sore point with the previous Mahathir’s administration and this is carry forward to the present regime.

Similar the Official secrets Act (OSA) has been abused grossly to hide a great deal of embarrassment. Being elected representatives, they have the mistaken impression that they are acting on our behalf in decision deemed in our interest. Another glaring case is the MMR2 Repairs. The latest reports by Datuk Shahrir indicated that the repairs come to about RM70 Million for a total project cost of RM120 million and all these were done under a cloud of secrecy protecting the builders, consultants and contractors who can got away Scott free.

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ABOVE: The gathering of DAP leaders before the protest Handing of the Memo

(29/1/2007); Media Statement ; by Lim Kit Siang ; Parliamentary Opposition Leader
Is Samy Vellu and Cabinet undermining the sole discretionary powers on prosecution and the constitutional independence of the Attorney-General in calling for criminal proceedings to be instituted over the publication of the LDP concession agreement?

(Parliament, Monday): Works Minister, Datuk Seri S. Samy Vellu and the Cabinet have precipitated a grave constitutional issue when at the Cabinet meeting last Wednesday, the Attorney-General Tan Sri Gani Patail was asked by the Executive to take “appropriate action” against the recent publication of the Litrak concession on the Lebuhraya Damansara-Puchong on the ground that it was a “classified secret” and had been “stolen” and “exhibited without authority”.

This is what Samy Vellu said after last Wednesday’s Cabinet meeting:
"I have also suggested that the Cabinet take appropriate action against the person (or persons) who had stolen and exhibited an agreement. The agreement is solely between the government and the company and it is a secret document.
"It is classified secret ... a restricted document of the government. It has been stolen by some people and we have suggested we are going to ask the Attorney-General's office to take appropriate action against those who stole the document and exhibited it without the authority, and they have to pay for it."

The manner this issue was raised in the Cabinet constituted a completely unacceptable Executive interference and encroachment of the constitutional independence of the Attorney-General on all questions of prosecution or otherwise, reflecting a past habit of mind that the Attorney-General must do the bidding of the Executive on who and what to prosecute and not to prosecute.
Article 145 (3) spelt out very clearly the powers of the Attorney-General with regard to prosecution: “The Attorney-General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah Court, a native court or a court martial.”
The sole discretionary powers of the Attorney-General to “institute, conduct or discontinue” any prosecution is a fundamental constitutional principle giving the Attorney-General absolute independence from the Executive and requiring him to act independently of partisan concerns when supervising prosecutorial decisions.
The Prime Minister, Datuk Seri Abdullah Ahmad Badawi must reaffirm his commitment to uphold the doctrine of separation of powers and full acceptance and respect of the quasi-judicial powers of the Attorney-General on questions of prosecution, and that neither he nor his Cabinet Ministers can issue orders to the Attorney-General – and that the Attorney-General must absolutely decline to receive any such orders – that he should or should not prosecute in particular cases.
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Y.B. DATO' SERI S. SAMY VELLU

Menteri Kerja Raya, Kementerian Kerja Raya, Jalan Sultan Salahuddin,
50580 KUALA LUMPUR.
29 January 2007
YB Datuk S. Samy Vellu,

Protest Memorandum Against Toll Hikes Of 5 Klang Valley Highways And Abuse Of The Official Secrets Act (OSA) Not To Make Public The Toll Concession Contracts That Guarantees Profits For The Few At The Expense Of All Malaysians.

ABOVE; The Banner was unfurled in front of the Works Ministry

DAP Selangor wishes to submit a protest memorandum to YB Datuk Samy for approving the toll hikes of 5 Klang Valley highways and abuse of the Official Secrets Act (OSA) as an excuse not to make public the toll concession contracts that guarantees profits for the few at the expense of all Malaysians. As taxpayers and motorists bearing the brunt of toll hikes, Malaysians have a right to know the contents of the contracts and the rationale for paying so much to the highway concession companies.

ABOVE & BELOW: This is the daily toll-in and toll-out chore experience by Klang Valley folks

The failure of the government to be accountable and transparent by refusing to reveal the details of the concession agreement would reflect badly on Malaysia’s efforts to combat corruption, particularly in trying to improve its position and ranking under the Transparency International Corruption Perception Index. With last year’s position at No. 44, revealing the contracts would help to improve Malaysia’s position.

ABOVE : Get your ticket and BELOW pay your toll with increases almost yearly

DAP Selangor condemns both BN and Samy for abusing the OSA to hide the contents from the public. The OSA is clearly intended to protect state secrets to preserve national security and interests. However the OSA is now clearly abused not to protect national security and interests but the private interests of companies which make exorbitant and extraordinary profits at public expense. Such abuses of power where the OSA is misused for private interests are the reason why DAP demands the abolition of the OSA.
By allowing the 5 Klang Valley highway companies to impose a 20-60% toll rate hike on 1 January 2006 despite already getting back their investment cost, the government is “abetting” these companies to reap huge profits at public’s expense. YB Datuk had revealed earlier that the government paid compensation of RM 4,864 million to the 5 Klang highways. This is RM 739 million more than the construction cost of RM 4,125 million for the 5 Klang Valley highways.
Further, the RM 4,864 million in compensation paid does not include the toll collected directly from the public by the highway companies, which would be extra profits earned by them. Isn’t it cheaper for the governnt to either build the highways themselves or buy the highways from the companies?

Hiding behind the OSA can not cover up the fact that the RM 4,864 million compensation paid by the government alone is enough to pay for the construction cost without including the tens of billions ringgit more collected from motorists. There is no economic rationale or financial sense for the government to refuse to buy over the highways when buying it over is cheaper and more cost-effective.

Why let the 5 highway companies make RM 739 million mid-way through their concession period ending between 2024-2035? From now on, any toll collected from profits or compensation paid by the government is profits for the companies.
There is mounting public anger over the toll hikes seen as “highway robbery in broad daylight that sells out” the rights of motorists, consumers and ordinary Malaysians to big corporations. Worse these highway companies are guaranteed profits and protected against risks of losses making all 27 Malaysians as the real losers.
If the BN government respects the people as their masters, then YB Datuk should heed the people’s demand in the Klang Valley to abolish the toll hikes and make public the toll concession agreements.
Thank you. Ean Yong Hian Wah ;DAP Selangor Chairman

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Hiding behind the Official Secrets Act (OSA) can not cover up the fact that the RM38.5 billion compensation paid by the Government alone is enough to pay for the construction cost, without including the tens of billions ringgit more collected from motorists.

Media Statement; by Lim Guan Eng (BELOW); (27/1/2007); Secretary-General of DAP, explaining the unjustification in increases and the OSA to cover up.

(Petaling Jaya, Saturday): Works Minister Datuk S. Samy Vellu wants the cabinet to direct the Attorney-General take action against those responsible for ‘stealing, leaking and exhibiting’ toll concession agreements because it is a classified document under the OSA. Samy is barking up the wrong tree as Malaysians are not interested in who “stole” the toll agreements documents as to who “stole” the wealth of Malaysians of tens of billions of ringgit.

On September 22 last year in Parliament, Datuk Samy revealed that the government had RM38.5 billion in compensation to the 20 highway concession companies. The first toll collection began at the Shapadu highway in Klang in 1984 followed by the North-South Expressway in 1988.Of the total RM38.5 billion, the government paid RM1.76 billion in cash while the remainder was in tax exemption and extending the concession period.
Clearly the RM38.5 billion in compensation to the 20 highway companies does not include the toll collected from motorists using the highways. Hiding behind the OSA can not cover up the fact that the RM38.5 billion compensation paid by the government alone is enough to pay for the construction cost without including the tens of billions ringgit more collected from motorists.
Prime Minister Datuk Seri Abdullah Ahmad Badawi has disappointed Malaysians by failing to fulfill his promise to be transparent and accountable in justifying why the government paid compensation of RM4,864 million or RM739 million more than the construction cost of RM4,125 million for the 5 Klang Valley highways. Again the RM4,864 million in compensation paid does not include the toll collected directly from the public by the highway companies, which would be extra profits earned by them.
There is no economic rationale or financial sense for the government to refuse to buy over the highways when buying it over is cheaper and more cost-effective. Why let the 5 highway companies make RM739 million mid-way through their concession period ending between 2024-2035? By allowing the 5 Klang Valley highway companies to impose a 20-60% toll rate hike on 1 January 2006 despite already getting back their investment cost, the government is “abetting” these companies to reap huge profits at public’s expense.
There is mounting public anger over the toll hikes seen as “highway robbery in broad daylight that sells out” the rights of motorists, consumers and ordinary Malaysians to big corporations. Privatisation should result in efficiency gains as well as reduction of costs to government. However this has not happened in the privatization of our highways where the costs to the government continues to escalate until it exceeds the construction costs.

Worse these highway companies are guaranteed profits and protected against risks of losses. For profits only to be privatized but losses socialized is not privatization but piratisation as the government and people do not save costs but bear higher and higher costs that benefits only the few individual companies.
DAP condemns both BN and Samy for abusing the OSA to hide these facts from the public. The OSA is clearly intended to protect state secrets to preserve national security and interests. However the OSA is now clearly abused not to protect national security and interests but the private interests of companies which make exorbitant and extraordinary profits at public expense. Such abuses of power where the OSA is misused for private interests are the reason why DAP demands the abolition of the OSA.

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Read also the lastest Post below , Another SAMY'S OSA?

MORE PICTURES – MMR2 REPAIRS COST Ballooned from RM20 Mln to RM70 Mln – Initial PROJECT COST RM120Million; SHOCKING REVEALATION by PAC Chairman Datuk Shahrir & WHO is paying for this REPAIRS?