Saturday, June 6, 2020

Zhu Minshen's law school an example why Treasurer Frydenberg's definition of "sensitive national security business" should include anything that can affect Australia's legal, educational institutions

by Ganesh Sahathevan 

 The Prime Minister Scott Morrison and the Treasurer Josh Frydenberg have proposed that the Foreign Investment Review Board (FIRB) would have to approve all investments in a "sensitive national security business", regardless of the value of the deal.
That could apply to businesses in communications, technology, energy and major infrastructure such as ports and defence contractors.
There are to be public consultations on the proposed national security criteria. The public discussion is to be welcomed for it will provide an opportunity to determine if the definition of "sensitive national security business" ought be be broadened to include businesses that can give foreign interests the ability to affect Australia's legal, educational and other institutions.
The case of Zhu Minshen and Top Education Group's is an example of a foreign controlled and funded business that is now in a position to influence the regulation of Australia's legal system. 
Zhu Minshen's Sydney City School Of Law (a wholly-owned subsidiary of Top Education Group) is the"first and only" private  institution to have been granted the right to issue law degrees by the NSW Legal Profession Admission Board, which is ultimately under the purview of the NSW Attorney General, Mark Speakman and the Cheif Justice Of NSW , Tom Bathurst. 

 Together with that right comes the power prevent law graduates from being  admitted to practice law in NSW and in Australia, even after they have successfully completed their law degrees. 

Known as Rule 19 certificates issued pursuant to the Uniform Legal Profession Admission Rules,the power to do so can and has been used to protect the interests of the entity that issues the degrees. As this writer discovered the power to issue Rule 19 certificates can be used to conceal poor delivery of courses, and can be done with the collaboration of the regulator, in this case the NSW LPAB. 

The case of Zhu Minshen and Top Education Group raises the issue of how Rule 19 certificates can be used to ensure that Sydney City School Of Law may be used to ensure that graduates align themselves with the interests of the Communist Party Of China. This is not an unreasonable conclusion given Zhu's history. 

In his 2018 book "Silent Invasion" Professor Clive Hamilton reports that Top Education Group's Zhu Minshen organised students , including students from his Top Education Institute to protest against Tibetans at the 2008 Olympic Torch rally, which counted towards the Top students’ assessment.As he puts it, Zhu’s Top Institution is “perhaps the only accredited degree program in Australia that counts agitating for a foreign power towards its qualifications.”


Zhu's law school will soon be producing LLB graduates who will qualify for admission to practise law in NSW and in Australia. As members of the various law societies they can, like the Chinese students at Sydney University gather sufficient support to control the leadership of those societies. 


END 




SEE ALSO 
NSW LPAB found Zhu Misnhen's Top Group fit and proper to issue LLBs despite Top's links to Chinese government, tax havens, and a mysterious major shareholder -SMH investigation of 2016 reveals details which should concern ASIO, and cause investigation into the conduct of the NSW LPAB

Thursday, June 4, 2020

Even the Agong is prevented from holding an office of profit: The illegality (and impropriety) of denying that MPs cannot be GLC directors, and that parliament must be dissolved

by Ganesh Sahathevan



  Malaysia's King Abdullah Of Pahang cannot avoid  the matter 
of the legitimacy of his Government.


The publication on this site of the story Malaysia's new constitutional crisis -MPs appointed to the boards of GLCs are disqualified from being MPs; dissolution of Parliament now unavoidable

has attracted commentary from various persons  who have attempted to explain why MPs are not prevented from being directors of GLCs, in breach of the Article 48 of the Constitution of Malaysia which prohibits MPs from holding offices of profit.

Absent from the commentary is the fact that Article 34 of the Federal Constitution prevents even King Abdullah from holding an office of profit.

While it is true that the prohibition ( or "disability") is worded in broader more general terms readers are reminded that the definition of "office of profit" in Article 160 is not exclusive. 

Quite apart from the black letter law arguments stated above there are issues of propriety: Are MPs, including the Prime Minister to be held to a lower standard vis-a-vis the Agong, King Abdullah?

In that regard readers are reminded that the basic concept of separation of powers underlies the prohibition. As reported previously:

MPs and MLAs, as members of the legislature, hold the government accountable for its work. The essence of disqualification under the office of profit law is if legislators holds an ‘office of profit’ under the government, they might be susceptible to government influence, and may not discharge their constitutional mandate fairly. The intent is that there should be no conflict between the duties and interests of an elected member. Hence, the office of profit law simply seeks to enforce a basic feature of the Constitution- the principle of separation of power between the legislature and the executive.


TO BE READ WITH 
Indian cases show why Malaysia faces a Constitutional crisis that can only be resolved by King Abdullah dissolving Parliament: Cases show MPs appointed to GLC boards clearly disqualified from being MPs

Wednesday, June 3, 2020

Lee Kuan Yew's 2013 Forbes interview about America and multiculturalism : Did LKY warn then that the riots America is facing today were inevitable?

by Ganesh Sahathevan


English: Senior Minister Lee Kuan Yew of Singa...


Senior Minister Lee Kuan Yew of Singapore

In 2013 Forbes published an interview with Lee Kuan Yew. Headlined  Singapore's Lee Kuan Yew Talks America's Strengths And Weaknesses Lee was reported to have said:

Lee warns about the growing risk of America’s losing its “self-help culture” and going “the ideological direction of Europe.” If it continues that slide, he says bluntly, “the U.S. will be done for.” He also gives U.S. immigration practices a failing grade, declaring that “multiculturalism will destroy America.” The key question is: “do you make the Hispanics Anglo-Saxons in culture or do they make you more Latin American in culture?” 

The violence that is being witnessed in America today, even if initially a protest over police violence against blacks, is now obviously about a desire for "change" ie toward the “multiculturalism (that) will destroy America.”
Did then Lee leave unsaid that the conflict will be violent. On the hand, should it not have been assumed that he meant violent conflict? 
END 



Tuesday, June 2, 2020

Kuwaiti anti-money laundering investigation into Belt & Road 1MDB financial flows: John Holland owner CCCC further implicated, but Victoria, and Australia will not investigate local 1MDB and Belt & Road transactions; more question marks over former NSA Michelle Chan's advise to PM Morrison

by Ganesh Sahathevan


Michelle Chan is considered a South East
Asian expert .She was until recently
PM Scott Morrison's National Security
Adviser



In its latest revelations about China's CCCC's role in Malaysia's 1MDB theft Sarawak Report has reported that Kuwaiti anti-money laundering authorities have been investigating John Holland parent CCCC for its part in Malaysia's 1MDB theft. As reported on this blog, the Sarawak Report revelations disclose significant intelligence failures in Australia, and at the highest levels: 


Sarawak Report provides even more revelations about John Holland parent CCCC and its part in Xi Jingping's Silk Road aka Belt & Road project: Details suggest that Australian Government intelligence on the Belt & Road project is false



Sarawak Report exclusive uncovers even more wrong doing by John Holland parent, Chinese Communications and Construction Company (CCCC); revelations add to concerns over Dennis Richardson's judgement as Secretary, Department Of Defence




Surgical mask raider Greenland Property featured in Belt & Road deal with Jho Low of 1MDB fame: More evidence from Sarawak Report that Australian Government intelligence on the Silk Road/BRI is false; former Morrison security adviser and south east Asian expert Michelle Chan should be interrogated for intelligence failure




Sarawak Report has previously shown that Australian authorities have refused to pursue any investigation into 1MDB transactions that are clearly within Australian jurisdiction. 


TO BE READ WITH



The TEN BILLION Dollar Boys! - SENSATIONAL NEW KUWAIT EXCLUSIVE

Documents relating to an investigation by Kuwaiti anti-money laundering officials into billions missing from Malaysia’s East Coast Rail Line (ECRL) and pipeline projects have been made available to Sarawak Report.
The enquiry, which was initiated by Malaysia’s PH government in June 2018, produced sensational findings regarding more missing billions from Malaysia’s public funds that indicate no less than TEN BILLION DOLLARS were looted by the Najib government from 1MDB and these two projects alone. However, the information was never passed back to Malaysia.
According to papers viewed by Sarawak Report in one instance a subsidiary of CCCC, the Chinese state owned construction company that was awarded the ECRL project by former prime minister Najib Razak, paid the royal Kuwaiti business partner of Najib’s proxy Jho Low, Sheikh Sabah Jaber Al-Mubarak Al-Hamad Al-Sabah (son of the then Kuwaiti prime minister), over US$1.02 billion in Chinese yuan (CNY) during August 2017.
CNY 4.25 billion (RM2.7 billion /US$630 million) of the money was then immediately passed to Malaysia’s Ministry of Finance for a purported purchase of 1MDB land in Ayer Itam. Yet, tellingly, Sheikh Sabah never moved to confirm his ownership. It is believed the money was originally stolen from Malaysia by inflating the Chinese contracts and the primary purpose was to bail out 1MDB.
The secret schedule July 2016 where CCCC agreed to pay US$7.5 billion in 1MDB related kickbacks to the Najib government
The secret schedule July 2016 where CCCC agreed to pay US$7.5 billion in 1MDB related kickbacks to the Najib government
Sarawak Report has already revealed there had been a secret agreement between CCCC and the Malaysian government July 2016 to inflate the ECRL contract by 100% in return for a schedule of kickbacks that included debt repayments and inflated land purchases from from 1MDB totalling a projected US$7.5 billion. The transactions appear connected.
The same investigation shows that a staggering further US$4,8 billion later flowed through a separate company account owned by the same Sheikh Sabah at the same branch of the Chinese ICBC Bank in Kuwait opened in 2016.
This money resulted from numerous international transactions, the Kuwaiti investigators say, and they reveal that the co-signatory on this account was none other than a known close associate of Jho Low, Hamad Ali Al Wazzan (see featured our exclusive picture of Sheikh Sabah, Jho Low and Hamad Al Wazzan socialising in Kuwait).
Hamad Al Wazzan posed as a billionaire, but he was a swimming scholarship pupil at Jho Low's Wharton College
Hamad Al Wazzan posed as a billionaire, but he was a swimming scholarship pupil at Jho Low’s Wharton College
These findings indicate that on top of the almost US$5 billion already identified as having been stolen from 1MDB between 2009 and 2014 a further US$6 billion was lost to Malaysia via the same network orchestrated by Jho Low during the course of 2016-2018.
This was AFTER the scandal had been uncovered by Sarawak Report and AFTER Jho Low had become an international fugitive but before Najib Razak was deposed from power thanks to GE14.
It makes a total of at least TEN BILLION DOLLARS stolen from the Malaysian people thanks to 1MDB alone.

Jho’s Man In Kuwait

Hamad Al Wazzan
Hamad Al Wazzan
Hamad Ali Al Wazzan is a name that is well-known to those who have followed the antics of Jho Low and 1MDB.
He was identified as a key associate of the flamboyant financier shortly after Jho started to catch media attention for his ostentatious spending in November 2009, just one month after the first $700 million was stolen from 1MDB.
As Jho earned his notorious reputation as a ‘party whale’ at New York nightclubs Hamad Ali Al Wazzan stepped forward to claim that the money Jho was splashing was really his. Jho himself also claimed he was acting as a mere ‘concierge‘ organising the partying on behalf of rich Arab friends he had met at Harrow School (UK) and Wharton College (Pennsylvania):
A spokesperson for Avenue confirmed Low helped rack up a $160,000 bill in September but added: “The tab was picked up by a friend of [Low’s] from Kuwait. That friend is international man about town Hamad Alwazzan, who also lives at the Park Imperial, according to an e-mail he sent to The Post.
In the e-mail, Alwazzan claims it is he, not Low, who’s the big spender in town.
“I have been on holiday in New York since August 2009 and grown quite fond of the city,” Alwazzan wrote. “I am especially fond of investment opportunities in real estate, as well as the food, quality of life, and lifestyle.” [New York Post Nov 8th 2009]
Later Jho changed his story and claimed to be a third generation billionaire. However, news coverage had started to confuse the young college grad, who had met Jho Low at Wharton College whilst reportedly on a swimming scholarship, with a well-known Kuwaiti businessman with a similar name, Hamad Mohammad al Wazzan, who is several decades older and the Chairman and CEO of the Al Wazzan Group of Companies.
Mohammad Al Wazzan - the real big businessman
Hamad Mohammad Al Wazzan – the real big businessman
Although Jho Low encouraged that confusion, those who know the situation in Kuwait say the boy had little family money and he was just part of a trusted network of friends whom Jho Low used to front his operations.
At first Hamad Al Wazzan was an outsider. When Jho Low first established his business partnership with the Al Sabah family, through Sheikh Sabah the elder son of the prime minister, he worked through Sheikh Sabah’s close business contact, Bachar Kiwan, founder of the Al Waseet group of companies.
Sarawak Report has documented how Jho Low transferred an original CNY450 million (cUS$60m) from CCCC into the account of Komoros Gulf General Trading & Contracting Company at the Kuwait branch of the Chinese ICBC Bank, which was managed by Kiwan.
Kiwan, who owned Komoros Gulf together with Sheikh Sabah, has told Sarawak Report that Jho Low had promised that a total of over US$3 billion in ‘commissions’ to Najib from Chinese contracts would be passed through the same arrangement under the guise of a purported Chinese Silk Road Fund investment project involving CCCC and the Al Sabah family in Kuwait. Kiwan now believes the project was largely a facade to disguise the cash.
However, the early arrangement collapsed following demands by Jho Low to involve the main Al Waseet group directly in the vast money laundering transactions. Bachar Kiwan moved to sever his connections with Jho Low and Komoros Gulf:
“After that I realise that Jho Low saw me as a threat. Not only did he need to replace me as a business partner but he needed to destroy me. I did not understand this at the time as I thought I could remove myself from this operation without such consequences.”
Kiwan has told Sarawak Report. Shortly after the rupture he says he became the target of state backed persecution mounted by the Al Sabah family, which he believes was orchestrated as a revenge by Jho Low. He and fellow directors were prosecuted on numerous trumped up charges relating to alleged offences against Sheikh Sabah resulting in prison sentences totalling 32 years.
Free but still fighting and preparing to bring criminal complaints against Najib and Jho Low in Malaysia
Free but still fighting and preparing to bring criminal complaints against Najib and Jho Low in Malaysia
Following torture and solitary confinement Bachar Kiwan succeeded in escaping Kuwait and has resisted Red Notice attempts to extradite him back from Europe on the grounds of political persecution. However, three fellow directors remain in jail.
It was at this point that records show that operations switched to separate companies controlled by Al Sabah, although they were still managed through accounts at the same ICBC Bank branch newly opened in Kuwait.
Bachar Kiwan believes that it was at this point that Jho Low installed his trusted Kuwaiti confidant Hamad Ali Al Wazzan to act as his business proxy to manage these money laundering operations through the new companies owned by Sheikh Sabah. Jho was able to introduce this right hand man, says Kiwan, during negotiations by Jho Low to buy into Sheikh Sabah’s Comoros based Banque Fédérale de Commerce, in which he involved Al Wazzan:
He was anxious to introduce him [Hamad Al Wazzan] to al Sabah, it’s only because of the bank in Comoros al Sabah accepted to meet him.  The truth was Hamad Ali al Wazzan was from a poor family … his mum is from Egypt, actually al Sabah saw him as an Egyptian”
Following Bachar Kiwan’s own dramatic fall from grace he had no further direct involvement in the laundering of this money from Malaysia. However, Sarawak Report now has obtained information from Kuwait’s own money laundering authorities that shows how Hamad Al Wazzan moved into a key position managing companies and bulging bank accounts that were supposedly 100% owned by Sheikh Sabah.

US$1.02 billion transfer to purchase 1MDB’s Ayer Itam land

According to the documentation, which the Kuwait money laundering authority passed only to the Kuwait Ministry of the Interior owing to the political sensitivity of the matter, two further companies owned by Sheikh Sabah were involved in suspicious transactions involving Malaysia.
Their investigation was prompted by Malaysia’s discovery in 2018 that the mystery Kuwaiti shareholder of the Cayman Island company Silk Road Southeast Asia Real Estate Limited, which paid RM2.7 billion suspected of having been stolen from Malaysia in the first place for 1MDB land in Ayer Itam, was none other than Sheikh Sabah.
One of these companies identified was Al Asbah International General Trading, incorporated in Kuwait 20th June 2017 with Sheikh Sabah as the only shareholder and a capital of a thousand dinars. The sole signatory on the accounts held by this company at ICBC Bank was also Sheikh Sabah.
According to the report this company showed activity in its accounts only on one day, 28th August 2017, when no less than seven transfers were made totalling a staggering  7,279,500,000 Chinese Yuan (US$1,023,264,028 / RM4,396,993,028) from a company called Multi-Strategic Investments Limited based in Hong Kong.
This account opened 14th July 2017 … the transactions on this account was limited to seven transfers all coming on 28th August 2017 from one sender for the entire amount of 7279500000 yuan (343700000 Kuwait Dinars) [ $1.02bn/ US$1,023,264,028]. This is not consistent with the capital of the company which is 1,000 KD. Sender Multi-Strategic Investments Limited HK, China” [Kuwait Money Laundering Authority]
Sarawak Report has established from the Hong Kong company registry that the owner of Multi-Strategic Investments Limited is the same subsidiary of CCCC, Zhen Hua Engineering Company Limited, that had earlier transferred hundreds of millions of yuan to Komoros Gulf as reported by Bachar Kiwan:
Zhen Hua Engineering is a subsidiary of China Harbour Engineering which is a subsidiary of CCCC
Zhen Hua Engineering is a subsidiary of China Harbour Engineering which is a subsidiary of CCCC
According to the Kuwaiti investigators in a matter of just two days 425,300,000 CNY was then paid out from this money to the Malaysian Ministry of Finance on 30th August -ostensibly for the purchase of the company that owned the 1MDB land in Ayer Itam.
Indeed, the money was transferred through a series of accounts all owned by Sheikh Sabah at the same Kuwait branch of ICBC Bank. First, the entire sum was sent from the recipient Al Asbah International General Trading account to Sheikh Sabah’s own personal account at the bank on the same day that it arrived on 28th August.
Then on 30th August a lesser sum of 4253000000 CNY was transferred from the Sheikh’s personal account to the account of Silk Road Southeastasia Real Estate Limited also held at the very same branch of ICBC bank. This off-shore vehicle had been incorporated in the Cayman Islands just a few days earlier and was also beneficially owned by Sheikh Sabah:
“On the same day, 28 Aug 2017, the amount of 7278500000 (343700000 Kuwait Dinars) [$1.02bn] was transferred to Sheikh Sabah’s personal account at the same bank. On 30th August 2017 4253000000 CNY (200m Kuwait Dinars) was then transferred from Sheikh Sabah’s account to the Silk Road Southeast Real Estate Ltd account at the same bank of whom the shareholder was Sheikh Sabah [despite the fact Kuwait does not allow banks to hold accounts for off shore companies].
Then this company transferred that same amount to  the Malaysian company Sentuhan Budiman Sdn Bhd [owned by Malaysia’s Ministry of Finance]. The reason given to the bank was for buying shares.
After this there was no further transaction on these accounts”
says the report.
That sum of 4253000000 CNY is the exact amount reported by the Malaysian Finance Minister Guan Eng as having been paid for the 1MDB Ayer Itam land, which Malaysia suspected had originated from kickbacks organised by Najib’s Ministry of Finance to disguise the bail out of 1MDB with public money.
Just a few weeks before the finance ministry had astonishingly paid 88% of an inflated pipe line contract up front to Chinese state contractors in a hasty deal. At the time the Malaysian prime minister was desperately trying to meet debt repayments due by the fund from which billions had already been looted.
The details from Kuwait appear to provide damning evidence confirming the suspicions about massive Chinese kickbacks for inflated projects. Meanwhile, the laundering process seems to have left a significant 3025500000 CNY [US$426 million] in Sheikh Sabah’s personal account.

Jho Low’s Proxy Was Signatory On Sheikh’s $5 Billion Account

A second account where the Kuwaiti investigators reported suspicious transactions related to 1MDB belonged to the company Al Mouniratyen International General Trading incorporated in Kuwait on 19th Oct 2016, shortly after Bachar Kiwan exited Komoros Gulf having fallen out with Jho Low and Sheikh Sabah.
Sheikh Sabah was the sole shareholder of Al Mouniratyen International, which again had a mere thousand dinar capital base. However, investigators noted the significant fact that there was a co-signatory for the company’s account (also held at ICBC Bank in Kuwait) namely Jho Low’s proxy, Hammad Ali Hassan Al Wazzan.
According to the report, despite the modest nature of the company, a staggering US$4.8 billion dollars was soon to be transacted through its ICBC bank account, despite there being no apparent business activity for the company or indeed staff to generate such amounts:
“Al Mouniratyen International General Trading opened the account [at ICBC] Nov 1 2016 and there were a lot of transactions with different entities in different countries between 2018-19 with transfers in and out without any clear economic reason or motivation despite the significance of the amounts. The total amount of money transacted was 1,480,246,400 Kuwaiti Dinars[$4.8 Billion]. The amount is not consistent with the capital of 1,000 KD and there is no proof of any commercial activities for such amounts.”
The initial report to the Ministry of the Interior did not cite the origin of much of the money or the details on the several transactions beyond noting that many of the payments both in an out appeared to follow a ‘modus operandi’ of being registered as payments for contracts, which were then subsequently cancelled sometimes without the money being returned. For example:
“One transfer out of 145m euros (52,114,000 KD) to the account of Midas Commodities Agents Limited, based in the Bahamas with an HQ in the Seychelles, was to buy commodities of bitumen and steel. This contract was between El M was for the purpose of selling the goods. The bank says the company then told it that Midas Commodities Agents didn’t have the ability to find the goods, so Al Mouniratyen gave them a one week extension till July 2017, but they didn’t manage to complete the contract they signed a contract termination with Midas Commodities Agents Limited on 17th July 2017 which included a five million euro penalty. However, the money didn’t come back and the company said that the reason was there was a management change. They said they would take legal measures against Midas but we have no proof there was any action.”
The report also refers to a similar aborted payment with another entity already identified by Sarawak Report for having a clear connection with Jho Low, namely the Century Banking Corporation Ltd in Mauritius, which was taken over by another close business proxy from Thailand, Phengphian Laogumnerd.
 The record of the company showed more big transfers done with the same business modus operandi of the contract being terminated. There is a transfer from Al Mouniratyen of 156m euros (61m KD) 29th December 2016 to the Century Banking Corporation Ltd in Mauritius.  The reason of the transfer is to fulfil obligations with suppliers. The money returned to Al Mouniratyen on 3rd Jan 2017 and on the document it said the contract was cancelled and this was the reason for the return of the money. There are also  two transfers from Al Mouniratyen on 28th Feb 2018 together totalling 145 hundred million euros and (53mKD) and the reason given is payment for a supply agreement to Khaleesi International Limited. This amount came back to the account on 20th March and 2nd April. The documents show the contract was cancelled.  ICBC bank showed the contract for both companies and we could see no valid reason for these transactions which were cancelled and why without any reason the money was brought back in less than two months. These transactions were   inconsistent with a one shareholder company with just 1,000 KD capital base”
As a result the money laundering investigators said in their report that they were satisfied there had been suspicious activity on the companies owned by Sheikh Sabah and run by Jho Low.

‘High Level Instructions’ To ‘Hide The Truth’

However, instead of notifying Malaysia in accordance with international protocols the Kuwaiti report notes that the money laundering authority instead passed on the report to the Ministry of Interior’s Secret Service Department, owing to the ‘sensitive nature’ of the ownership of the company and the potential for embarrassment if the truth were to be revealed.
“After getting all the information we have the conviction that these are suspicious transactions. [But] We received a clear instruction from the highest level to hide the truth and to answer on behalf of the owner of the company Sheikh Sabah and his legal representative the lawyer Saud AbdelMohsen.”
The report ended.
Sarawak Report has earlier reported information that the Sheikh and his lawyer were briefly interviewed by the Ministry of the Interior before the case was shut in Kuwait. On December 6th 2018 an answer was sent to the Malaysians to say that all had been legal and properly documented with respect to the various transactions and nothing suspicious was detected.
Sarawak Report has been informed that the head of Kuwait’s money laundering authority resigned from his post shortly after this investigation and his position has yet to be filled with a replacement.
Screenshot 2020-06-02 at 22.13.53

Indian cases show why Malaysia faces a Constitutional crisis that can only be resolved by King Abdullah dissolving Parliament: Cases show MPs appointed to GLC boards clearly disqualified from being MPs

by Ganesh Sahathevan



  Malaysia's King Abdullah Of Pahang cannot avoid  the matter 
of the legitimacy of his Government.

In drafting the Malaysian Constitution the Reid Commission drew heavily on the Indian Constitution. Additionally India like Malaysia is a common law country so it should not surprise anyone  that Malaysian courts regularly draw on Indian decisions. 

The concept of an office of profit applies in  India as it does in other common law countries, including Malaysia The application of the  concept is explained clearly in this excerpt from a publication by India's PRS: 


Following the recommendation of the Election Commission (EC), the President disqualified 20 MLAs of the Delhi Legislative Assembly last month for holding an ‘office of profit’. The legislators in question were appointed as parliamentary secretaries to various ministries in the Delhi government. The Delhi High Court is currently hearing a petition filed by the disqualified MLAs against the EC’s recommendation. There have been reports of parliamentary secretaries being 
appointed in 20 states in the past with court judgments striking down these appointments in several cases.  




That being the concept, there are differences in how the concept is defined in the Indian and Malaysian constitutions. The Malaysian position is defined in Article 160 of the Malaysian Constitution, but it is not exclusive, and can be defined quite broadly. While the definition provides a list of public offices that come within the definition, these are preceded by the words "includes". 

As to how broadly the definition can go, it is important to recall the concept, which is quite well described in the PRS article referred to above:

MPs and MLAs, as members of the legislature, hold the government accountable for its work. The essence of disqualification under the office of profit law is if legislators holds an ‘office of profit’ under the government, they might be susceptible to government influence, and may not discharge their constitutional mandate fairly. The intent is that there should be no conflict between the duties and interests of an elected member. Hence, the office of profit law simply seeks to enforce a basic feature of the Constitution- the principle of separation of power between the legislature and the executive.


As mentioned before, the Malaysian case is rather obvious: that of a prime minister appointing MPs loyal to him to positions at companies he controls, and will continue to control for so long as he has their support.

Again,  is difficult to see how Malaysia's  King Abdullah can  avoid the fact that his Government must be dissolved.

TO BE READ WITH


Sunday, May 31, 2020

Malaysia's new constitutional crisis -MPs appointed to the boards of GLCs are disqualified from being MPs; dissolution of Parliament now unavoidable

by Ganesh Sahathevan




  Malaysia's King Abdullah Of Pahang cannot avoid  the matter 
of the legitimacy of his Government.
                                   

Malaysia may be at the brink of a constitutional crisis that has arisen as a result of the appointment of a number of ruling Perikatan Nasional (PN) Members Of Parliament to the boards of government linked companies (GLCs). The appointments have resulted in the MPs holding offices for profit, thus disqualifying them as MPs.

All but nine of the PN's 112 (or more)  MPs are said to have been appointed to GLC boards, some as chairmen, and there have been demands from at least one component party, UMNO, that all MPs be appointed to such positions.
However, in making these appointments, which are widely regarded as a meanss of consolidating his position, PN leader, the Prime Minister Muhyiddin Yassin, seems to have neglected the concept  if not rule, that an  MP  cannot hold an office of profit.

Holding an office of profit is a reason  for disqualification from holding office as an MP.  Given the numbers involved it is difficult to see how a dissolution of Malaysia's Parliament can be avoided.

First, the concept :

While it is true that Malaysian politics, while rooted in the Westminster system, is often played out according to its own peculiar rules, the  current situation where MPs are also on the boards of GLCs raises obvious conflicts of interest; Parliament and its members are  after all meant  to oversee the administration of GLCs. This can include scrutinising GLC  finances, and their management.
Where required MPs may have to pass or review legislation that regulates the structure , management and business operations of GLCs.  Clearly, all this would not be objectively possible if the MPs are also on the boards of those GLCs.

Then , the rule, as stated in the Malaysian Constitution:

Disqualification for membership of Parliament 

48. (1) (c) Subject to the provisions of this Article, a person is disqualified for being a member of either House of Parliament i f he holds an office of profit;

The matter of disqualification of a member asa result of holding "an office of profit" has not arisen in Malaysia so no cases on the matter have been located. However, the matter has been discussed and debated extensively in other Commonwealth countries. , including the UK, Australia and India.

Importantly, the Malaysian case is somewhat obvious; that of a prime minister appointing MPs loyal to him to positions at companies he controls, and will continue to control for so long as he has their support.

It is difficult to see how the King can now avoid the fact that his Government must be dissolved.

END

Sunday, May 31, 2020

Malaysia's new constitutional crisis -MPs appointed to the boards of GLCs are disqualified from being MPs; dissolution of Parliament now unavoidable

by Ganesh Sahathevan




  Malaysia's King Abdullah Of Pahang cannot avoid  the matter 
of the legitimacy of his Government.
                                     

Malaysia may be at the brink of a constitutional crisis that has arisen as a result of the appointment of a number of ruling Perikatan Nasional (PN) Members Of Parliament to the boards of government linked companies (GLCs). The appointments have resulted in the MPs holding offices for profit, thus disqualifying them as MPs.

All but nine of the PN's 112 (or more)  MPs are said to have been appointed to GLC boards, some as chairmen, and there have been demands from at least one component party, UMNO, that all MPs be appointed to such positions.
However, in making these appointments, which are widely regarded as a meanss of consolidating his position, PN leader, the Prime Minister Muhyiddin Yassin, seems to have neglected the convention, if not rule, that an  MP  cannot hold an office of profit.

Holding an office of profit is a reason  for disqualification from holding office as an MP.  Given the numbers involved it is difficult to see how a dissolution of Malaysia's Parliament can be avoided.

First, the convention:

While it is true that Malaysian politics, while rooted in the Westminster system, is often played out according to its own peculiar rules, the  current situation where MPs are also on the boards of GLCs raises obvious conflicts of interest; Parliament and its members are  after all meant  to oversee the administration of GLCs. This can include scrutinising GLC  finances, and their management.
Where required MPs may have to pass or review legislation that regulates the structure , management and business operations of GLCs.  Clearly, all this would not be objectively possible if the MPs are also on the boards of those GLCs.

Then , the rule, as stated in the Malaysian Constitution:

Disqualification for membership of Parliament 

48. (1) (c) Subject to the provisions of this Article, a person is disqualified for being a member of either House of Parliament i f he holds an office of profit;

The matter of disqualification of a member asa result of holding "an office of profit" has not arisen in Malaysia so no cases on the matter have been located. However, the matter has been discussed and debated extensively in other Commonwealth countries. , including the UK, Australia and India.

Importantly, the Malaysian case is somewhat obvious; that of a prime minister appointing MPs loyal to him to positions at companies he controls, and will continue to control for so long as he has their support.

It is difficult to see how the King can now avoid the fact that his Government must be dissolved.

END

Saturday, May 30, 2020

Evidence of China linked political donation before Dan Andrews signed Silk Road/BRI agreement, but Australians cannot still bring themselves to confront the reality that their Silk Road deals are tainted, just like the Malaysian ,Kuwaiti Silk Road/BRI deals

by Ganesh Sahathevan




Daniel Andrews accepts a cheque for the Victorian Labor Party in 2014.






The investigative website Sarawak Report has added to the evidence of corruption in the Kuwait Silk Road/BRI deal:

As Sarawak Report has lately revealed Jho Low had been busy in the course of early 2016 making provision for the transfers of large sums of laundered money from these Chinese contracts using a new business relationship in Kuwait.
The by now fugitive Malaysian financier who, despite denials at the time, was still working for Najib to resolve the growing crisis over 1MDB had forged a business deal with the family of the then Kuwait prime minister and had agreed to pass the billions expected from these Chinese “commissions” through companies owned by Sheikh Sabah Jaber Al-Mubarak Al-Hamad Al-Sabah (Sheikh Sabah) the prime minister’s elder son.



Victorian Premier Daniel Andrews’ top Belt and Road adviser was instrumental in landing a $100,000 donation to the Labor party through a key Chinese business group years before Victoria signed up to the controversial infrastructure scheme.
Mr Andrews’ senior adviser, Marty Mei, who is on the board of the Hunan Business Association, helped secure the contribution in the lead up to the 2014 state election, according to sources with knowledge of the donation. He later became Mr Andrews' multicultural adviser and worked on the Belt and Road deal.
Despite even this revelation Australians seem unwilling to accept that their Belt & Road deals are tainted in any way. Even in Malaysia an anti-corruption agency and police investigation would have been commenced on the strength of the Nine news report above. 
It is time Australians grew up.
TO BE READ WITH 
Surgical mask raider Greenland Property featured in Belt & Road deal with Jho Low of 1MDB fame: More evidence from Sarawak Report that Australian Government intelligence on the Silk Road/BRI is false; former Morrison security adviser and south east Asian expert Michelle Chan should be interrogated for intelligence failure