Sunday, December 8, 2019

Australia's decision to allow a Communist Party China linked school to produce lawyers who can practise in Australian courts is a world first: Scrutiny of senior judicial officers under Australia's foreign interference rules unavoidable, as would be scrutiny by agencies in the US,UK

by Ganesh Sahathevan

Troy Grant MP

NSW Libs received donations of $44,275 from TOP Education Grosup 



In 2015 the Legal Profession Admission Board of the State Of New South Wales, Australia (LPAB NSW), granted for the very first time a license to grant law degrees leading to admission to practise to a private company that was not a university. The company, Top Education Group Ltd, has been shown to have strong links to the Communist Party Of China, and to have interfered in Australian politics. 

The granting of that license was not only a first for Australia, bu t appears also to be the first time anywhere in the world that a Communist Party China or indeed Chinese controlled college has been allowed that privilege by any country anywhere in the world.

The LPAB NSW has maintained a stony silence with regards  that approval, despite the issue of that approval being raised, questioned and criticised by this writer and others.

Meanwhile, Australia has just introduced foreign interference laws that are intended to prevent foreign agents from interfering in local politics. Top Education Group and its major shareholders have had a number of high profile interventions in local politics:



Zhu Minshen has been a big Liberal Party donor. And his Top Education college was (anomalously) licensed to award law degrees. He bussed his Chinese students to Canberra in 2008 for Olympic Torch relay. Tight CCP links.


TOP Education Institute's Bachelor of Laws : Political donations,HK Stock Exchange IPO seem to have left regulators confounded, speechless

Amen Lee is part of Top Education Group's Controlling Shareholder Group: Fresh questions for NSW LPAB,AG Speakman ,and NSW Libs over issuance of Top's LLB license and political donations



Participation in a country's legal system  through its law schools, is tightly controlled and seldom if ever a privilege granted to foreign or foreign controlled entities. The reason should be obvious: members of the legal  profession tend to be over-represented in politics.

The Australian decision to grant a Communist Party Of China linked entity entree into the Australian legal system is obviously one that ought to attract the attention of Australian regulators responsible for enforcing its recently enacted foreign interference laws.

That the persons responsible are among Australia's most senior judicial officers, some of whom may have retired, ought not stand in the way of investigation and prosecution. Given Australia's intelligence sharing arrangements it is  not unlikely that the same judicial officers would have by now attracted the attention f similar agencies in the UK and the USA,

END 

See also

China orders lawyers to pledge allegiance to Communist Party

Sui-Lee Wee


4 MIN READ






BEIJING (Reuters) - China’s Justice Ministry has ordered lawyers to take a loyalty oath to the Communist Party, in an unusual move that has drawn condemnation from attorneys worried about the government’s attempts to rein them in.

The ministry issued a notice on Wednesday demanding that first-time applicants and lawyers who want to renew their licenses have to take the oath.

The oath was necessary to “firmly establish among the vast circle of lawyers faith in socialism with Chinese characteristics ... and effectively improve the quality of lawyers’ political ideology”, the ministry said in a statement posted on its website.

“I promise to faithfully fulfill the sacred mission of socialism with Chinese characteristics ... loyalty to the motherland, its people, and uphold the leadership of the Communist Party of China,” lawyers must say under the oath.

This is the first time that lawyers have been required to pledge allegiance to the Party in an oath, Mo Shaoping, a prominent human rights lawyer, said.

The Party has always been wary of lawyers, who they suspect could challenge one-party rule through the advocacy of the rule of law.

“I think it’s inappropriate,” Mo told Reuters by telephone. “As a lawyer, you should only pay attention to the law and be faithful to your client.”

The new rule comes as Communist Party chiefs are preparing for a tricky leadership handover later this year, when the party’s long-standing focus on fending off political challenges is likely to intensify.

“If the oath says you must be faithful to the Communist Party and accept the leadership of the Party, that may exclude many other people in the legal profession who belong to other political parties or have other religious beliefs,” Mo said.

“The oath will hurt the development of the Chinese legal system.”


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Over the past decade, a loose network of lawyers has sought to use litigation mixed with publicity to challenge laws and policies restricting citizens’ movements and rights to protest.
PRODUCING CONFLICT?

Pu Zhiqiang, a Beijing lawyer who has often represented people in sensitive political cases, called the oath “baffling”.

“I don’t see the legal basis for adding these procedures. On what basis is the Ministry of Justice doing this?” Pu told Reuters by telephone. “If I don’t take the oath, are you not going to give me a license?”

Pu said the oath “will produce a conflict” among lawyers who want to be independent from enforcing the will of the party.

“In my opinion, the biggest destroyer of the rule of law in China is the Communist Party,” he said.

Although the Party has always imposed tight controls on lawyers, the pressure has intensified in the past year.


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Loss of forest and higher temperatures: Lessons from Sarawak and Sabah

by Ganesh Sahathevan






per McAlpine and others:

The relationship between deforestation and changes in local climate was most pronounced for watersheds in southeast Borneo, which have lost 40%–75% of their forests since 1973. These watersheds also had a significantly higher frequency of temperatures above 31 °C. Watersheds in north and northwest Borneo, which have lost 5%–25% of their forest cover, maintained a more stable climate with a similar distribution of mean and extreme warm temperatures between forest and modified forest areas. Watersheds with >15% forest loss had a >15% reduction in rainfall. We conclude that loss of forest in Borneo has increased local daily temperatures and temperature extremes, and reduced daily precipitation.

END

See Also 


Wednesday, December 4, 2019


Sabah's forest can capture even more carbon: Steps must be taken to ensure no more logging,and more areas are designated for maximum protection

by Ganesh Sahathevan


Locations of the top 5% and top quartile of aboveground carbon densities (ACD) for natural forests of Sabah, Malaysia, not including mangroves. Thin black lines indicate the location of Sabah Forest “Class I” and “Parks” designated reserves, which are the most protected in the State. Lettering highlights areas of high carbon stock forest including (a) Crocker Range, (b) Mount Kinabalu area, (c) Maliau Basin and Imbak Canyon, (d) Danum Valley, (e) Tawau Hills area, (f) Tabin area, (g) Sepilok, and (h) southwestern Sabah near to the Sarawak, Malaysia and Kalimantan, Indonesian borders.



Anser et al published in 2017 research based on remote sensing data including Landsat 8 imagery. Their findings (summarized)are:

.........that unlogged, intact forests contain aboveground carbon densities averaging over 200 Mg C ha−1, with peaks of 500 Mg C ha−1Critically, more than 40% of the highest carbon stock forests were discovered outside of areas designated for maximum protection...Our mapped distributions of forest carbon stock suggest that the state of Sabah could double its total aboveground carbon storage if previously logged forests are allowed to recover in the future.


Two new governments were installed in the State Of Sabah within a time span of 48 hours in May 2018. The changes were, as is usual in that state, accompanied by much party hopping, horse trading and all those other things that politician excel at.

Unfortunately the horse trading often includes timber  logging concessions which is likely to mean little if any  prospect for conservation or recovery. 

It is for the people of Sabah, the NGOs, and the Opposition to ensure that the new government is constrained enough so that at very least what remains is preserved. 

END 

Wednesday, December 4, 2019

Sabah's forest can capture even more carbon: Steps must be taken to ensure no more logging,and more areas are designated for maximum protection

by Ganesh Sahathevan


Locations of the top 5% and top quartile of aboveground carbon densities (ACD) for natural forests of Sabah, Malaysia, not including mangroves. Thin black lines indicate the location of Sabah Forest “Class I” and “Parks” designated reserves, which are the most protected in the State. Lettering highlights areas of high carbon stock forest including (a) Crocker Range, (b) Mount Kinabalu area, (c) Maliau Basin and Imbak Canyon, (d) Danum Valley, (e) Tawau Hills area, (f) Tabin area, (g) Sepilok, and (h) southwestern Sabah near to the Sarawak, Malaysia and Kalimantan, Indonesian borders.



Anser et al published in 2017 research based on remote sensing data including Landsat 8 imagery. Their findings (summarized)are:

.........that unlogged, intact forests contain aboveground carbon densities averaging over 200 Mg C ha−1, with peaks of 500 Mg C ha−1. Critically, more than 40% of the highest carbon stock forests were discovered outside of areas designated for maximum protection...Our mapped distributions of forest carbon stock suggest that the state of Sabah could double its total aboveground carbon storage if previously logged forests are allowed to recover in the future.


Two new governments were installed in the State Of Sabah within a time span of 48 hours in May 2018. The changes were, as is usual in that state, accompanied by much party hopping, horse trading and all those other things that politician excel at.

Unfortunately the horse trading often includes timber  logging concessions which is likely to mean little if any  prospect for conservation or recovery. 

It is for the people of Sabah, the NGOs, and the Opposition to ensure that the new government is constrained enough so that at very least what remains is preserved. 

END 

Sunday, December 1, 2019

Is Malaysia's judiciary seeing a return to the days of Eusoffe Chin: CoA decision on the SD strategy of changing governments has raised questions about judicial independence -are Malaysia's senior judges (again) playing politics.?

by Ganesh Sahathevan

That this was posted on Facebook on the day before the appeal by former Sabah Chief Minister Musa Aman was even heard, and when heard thrown out on the basis of a preliminary objection that the matter was "academic" raises questions about the state of Malaysia's judiciary.Is Malaysia seeing  a return to the days of Eusoffe Chin, and are Malaysia's judges again playing politics?

Chu Kok Leong
I have observed the performance of the 3 Court of Appeal judges this morning.
Pada pendapat saya, Musa akan kalah teruk esok.

Thursday, November 28, 2019

Malaysia's Court of Appeal says Menteris Besar (and Prime Ministers) can be removed with show of SDs,and any legal challenge will be rejected on the basis that it would be a futile "academic" exercise : Anwar's SD strategy suddenly made stronger

by Ganesh Sahathevan




Analysts see Anwar-Mahathir clash as inevitable



The Malay Mail has reported:
The Court of Appeal here has rejected former Sabah chief minister Tan Sri Musa Aman’s appeal against the dismissal of his lawsuit challenging the legality of Datuk Seri Shafie Apdal’s appointment as his successor.
Musa’s lawyer, Tengku Fuad Tengku Ahmad, said a three-judge panel agreed with a preliminary objection that the matter was now “academic”.
Shafie’s lawyer, Datuk Douglas Lind, earlier argued that the challenge was no longer relevant as Shafie now commanded the confidence of an indisputable majority in the state assembly, with over two thirds of its lawmakers pledged to him.
He said Musa could, at best, muster the support of eight out of the assembly’s 55 lawmakers and could not conceivably succeed in securing a vote of no-confidence in Shafie.
Elaborating, the New Straits Times reported:
During the submissions on PO(preliminary objection) , Douglas said the appellant’s appeal was not competent because it has now become academic.
He said the outcome of the appeal will have no effect at all on the positions or interests of either Musa or Shafie, adding that such situation is due to the current support garnered by the duo respectively in the Sabah State Legislative Assembly.
Based on the support as shown in a lists attached to a letter dated Oct 3, 2019, from the state assembly secretary, Douglas noted Musa, at best, can only garner the support of all eight opposition members, including himself.
Shafie, on the other hand, has the support of 52 assemblymen and therefore has the support of more than two-thirds of the members in the State Legislative Assembly.
"Even if the appellant succeeds with his appeal, the status quo remains and the second respondent will continue to be the Chief Minister as having such a large number of assemblymen supporting him. The second respondent’s position is unshakeable and remains unassailable.
"The appeal has clearly become academic and purely exercise in futile and serves no purpose at all. The appeal is therefore not competent, and it is urged that the court will not proceed but dismiss the appeal," (sic) stressed Douglas.

This is an interesting turn of events for at first instance, in the High Court, Justice Yew Jen Kie said Musa’s legal challenge against Shafie Apdal was not academic as it was a case of public interest.

The Court Of Appeal appears  to have now determined that such challenges are in fact academic.


This has decision of the Court of Appeal renders the conclusion in the  article below by this writer incorrect. A challenger to a Menteri Besar, or Prime Minister, can now depose the incumbent with a collection of statutory declarations or some form of letter suggesting that he has the confidence of the majority, and can be assured that the Courts will not entertain any form of legal challenge to his or her appointment.

Anwar Ibrahim is likely to be counting heads with renewed urgency.

END 


Monday, July 8, 2019


Anwar Ibrahim's solid grip on MPs statutory declarations meaningless: SDs cannot be used to secure a promise

by Ganesh Sahathevan



Muhyiddin, Zahid lash out at fake SDs supporting Anwar;
 probe ordered

The denial by Tan Sri Muhyiddin Yassin and Datuk Seri Dr Ahmad Zahid Hamidi of  having signed  statutory declarations in support of Datuk Seri Anwar Ibrahim taking over as prime minister beginning July 2 is irrelevant even if it were true.

A uniquely Malaysian innovation, the SD pledging support makes for good theater in the land of the wayang kulit, but otherwise means nothing. A SD is, as its name implies,  a declaration that something is true and for that reason its use is limited to declarations that say,  statements regarding ones name, identity or nationality are true. 
It cannot be used to affirm ones support, affection, undying love or loyalty. These are akin to promises, for which there are contracts or deeds.

So, even if Saudara Dr Anwar Ibrahim obtains SDs of support from all MPs, that fact would mean nothing. He would still have to go back to Parliament, move a vote of no confidence against Mahathir, who would then need to advise the Yang DiPertuan Agong  that Parliament should be dissolved and a general election called.

END 



Tuesday, November 26, 2019

London Court Of Arbitration should never have accepted 1MDB-IPIC settlement: UK Court Of Appeal decision further confirms Realpolitikasia analysis of 2017

by Ganesh Sahathevan




The UK Court of Appeal in London has ordered the London High Court to hear Malaysia’s bid to nullify a consent award involving 1MDB and two Abu Dhabi companies.
 ... Malaysian attorney-general Tommy Thomas said the ruling means the dispute involving 1MDB and Minister of Finance Incorporated (MOF Inc) against the International Petroleum Investment Company (IPIC) and Aabar Investments PJS, would play out in public.
“Our setting aside application will now be heard by the High Court in London as part of an open and transparent process enabling Malaysians and the rest of the world to follow the proceedings in court.
“It is our case that the settlement deeds, signed in April 2017, further frustrate any legitimate attempt to challenge the settlement by including a condition that no court proceedings should be brought to set aside the consent award recorded following the settlement deeds.
The above further confirms the analysis below by this writer  posted on in April 2017.
END





Thursday, April 27, 2017

Illegality may prevent London Arbitration Court from making a consent award in the IPIC-1MDB matter-Settlement may be denied

by Ganesh Sahathevan




Settlement weakens DOJ's case



IPIC informed the LSE on Monday:


International Petroleum Investment Company PJSC (IPIC), Aabar Investments PJS (Aabar), the Minister of Finance (Incorporated) Malaysia (MoF Inc.) and 1Malaysia Development Berhad (1MDB) are pleased to announce that an agreement has been reached between all parties that provides for a settlement in respect to the arbitration proceedings at the London Court of International Arbitration (the Settlement). The agreement is conditional on the Arbitration Tribunal making a consent award by 31 May 2017.


Meanwhile, a  senior figure in the Malaysian Government and ruling UMNO ,Puad Zarkashi, has said publicly that the settlement is intended to defeat a criminal investigation by the US Department of Justice ,and other national enforcement agencies into 1 MDB, the Malaysian Government and Najib Razak , the Prime Minister and Finance Minister: 

"This arbitration settlement has weakened the US DOJ civil suit and claims that 1MDB's funds were stolen," said Umno supreme council member Mohd Puad Zakarshi in a statement today.Mohd Puad is also the director-general of the Information Ministry's Special Affairs Division (Jasa).

While the rules governing arbitration courts are complex, it is hard to see that the London Court Of International  Arbitration  would want  to be a party to a  consent award where at least one party has made public that the award will be used as a means to defeat a a criminal investigation.To make matters worse, this is a matter that has been very widely publicized. worldwide and it would be impossible for anyone, including the arbitrators in this matter, to deny knowledge of what is intended.

END




Other references:

1MDB -IPIC settlement: 1MDB insists that IPIC will be paid out of "units" guaranteed by IPIC itself:-IPIC now implicated in money laundering







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

by Ganesh Sahathevan











In 2016 the SMh reported the following about Zhu Minshen's Top Education Institute:

The institute"s former director and owner of a 10-per cent stake Sydney businessman Qingquan Yang registered Asian Profit Investment to a Samoan bank using law firm Mossack Fonseca in 2005.

Nearly 4000 companies have been registered to the same building, according to documents published by the International Consortium of Investigative Journalis
ts.



The institute"s former director and owner of a 10-per cent stake Sydney businessman Qingquan Yang registered Asian Profit Investment to a Samoan bank using law firm Mossack Fonseca in 2005.

Nearly 4000 companies have been registered to the same building, according to documents published by the International Consortium of Investigative Journalis
ts.

Senator Dastyari declined to comment.

Dongbo Zhang is the director of a New Zealand company Tristar which owns about 10 per cent of the institute's shares.

Mr Zhang is also the director of a multi-billion dollar fund owned by the Chinese government for reducing its energy costs, according to Hong Kong Stock Exchange documents.


He incorporated another company, Joy Surplus Development, in the British Virgin Islands in 2007.

The interests behind the group's largest shareholder, "High Summit Holdings", with a near 20 per cent stake, remains unknown.

An address for the foreign company provided to Australian regulators led to the floor of an office building occupied by a technology investor and video game developer owned by prominent Hong Kong family the Chans.


Both it and a separate address for a parent company provided to Chinese regulators have been used to register multiple offshore companies.

Finally, accounting giant PWC, a 15 per cent nominee shareholder in the institute, has been involved in the development of several tax minimisation services, which were exposed in a 2014 leak of documents, Lux Leaks


A spokesman for the institute declined to provide information on the identity of its shareholders.

"Top Education will not be commenting on this matter," the spokesman said.



In Top's own words:
 In 2013, the Tertiary Education Quality Standards Agency (TEQSA) formally granted TOP accreditation to provide legal education.
In 2015, TOP made history when the New South Wales Legal Profession Admission Board accredited the TOP LLB as a course fulfilling the academic knowledge requirement for admission to legal practice in Australia. TOP became the first non-university tertiary education provider in Australia of an LLB degree that enables its graduates to apply for admission as professional lawyers.
The question here is a simple one: How did the NSW LPAB make this exception for Zhu Minshen's Top, despite this opaque shareholding structure?


The NSW LPAB has a history of non-disclosure and of poor regulation of the educational institutions that it is meant to regulate.
An audit of the NSW LPAB would be a good place to start in trying to unravel what exactly led to the NSW LPAB's decision to make its history making award to Zhu Minshen and his Top Education Group.

See for example:


Why a special audit of Peter Hall's ICAC must include a review of his handling of the China donation inquiry , and the NSW LPAB 's dealings with Zhu Minshen



Timing of Zhu Minshen & Top Group's LPAB decision adds to LPAB audit red flags: AG Mark Speakman must ensure that the details of the LPAB's dealings with Top, Zhu are fully disclosed. Auditor General NSW has a duty to ensure Speakman does so














Donors linked to tax havens condemned by Dastyari


By James Robertson
September 10, 2016 — 6.31pm



Over the past year NSW Labor Senator Sam Dastyari has built a substantial profile campaigning against multinational tax avoidance and freely accusing businesses and political opponents of profiting from "rorts" and immoral behaviour.

But a Fairfax Media investigation has revealed several owners of the Top Education Institute which made the $1600 gift that forced Senator Dastyari to resign from the frontbench have incorporated companies in some of the world's most notorious tax havens condemned by Senator Dastyari.



Senator Sam Dastyari has been dropped from the frontbench.
CREDIT:WOLTER PEETERS

Last October, using parliamentary privilege Mr Dastyari said Prime Minister Malcolm Turnbull was potentially party to a "tax scam" for registering businesses in the Cayman Islands.

But earlier that week he had updated his own interests register to reflect the $1600 payment from Top Education Institute.





Connections.

Most of the attention on the institute has focused on the company's director, Chinese businessman and donor Minshen Zhu.

Senator Dastyari was forced to step down last week after Fairfax Media revealed that having blown his travel allowance by $1670, he contacted Minshen Zhu to pay the bill.

But the company has seven other shareholders who have escaped the limelight.
"Let's not pussyfoot around it. What is the business model of these tax havens?" Mr Dastyari told an ABC special on the controversial global tax minimisation specialists Mossack Fonseca. "We will allow you to engage in practices for a small fee that would otherwise be illegal in your host country. That's the business model."



The institute"s former director and owner of a 10-per cent stake Sydney businessman Qingquan Yang registered Asian Profit Investment to a Samoan bank using law firm Mossack Fonseca in 2005.

Nearly 4000 companies have been registered to the same building, according to documents published by the International Consortium of Investigative Journalis
ts.

Senator Dastyari declined to comment.

Dongbo Zhang is the director of a New Zealand company Tristar which owns about 10 per cent of the institute's shares.

Mr Zhang is also the director of a multi-billion dollar fund owned by the Chinese government for reducing its energy costs, according to Hong Kong Stock Exchange documents.



He incorporated another company, Joy Surplus Development, in the British Virgin Islands in 2007.

The interests behind the group's largest shareholder, "High Summit Holdings", with a near 20 per cent stake, remains unknown.

An address for the foreign company provided to Australian regulators led to the floor of an office building occupied by a technology investor and video game developer owned by prominent Hong Kong family the Chans.


Both it and a separate address for a parent company provided to Chinese regulators have been used to register multiple offshore companies.

Finally, accounting giant PWC, a 15 per cent nominee shareholder in the institute, has been involved in the development of several tax minimisation services, which were exposed in a 2014 leak of documents, Lux Leaks


A spokesman for the institute declined to provide information on the identity of its shareholders.

"Top Education will not be commenting on this matter," the spokesman said.


According to NSW Electoral Commission documents, Top Education gave more than $80,000 to the ALP in 2012, the year after the party lost power at the NSW level, when Senator Dastyari was general secretary.

But a party source denied this could be viewed as being linked to any attempts to influence the party's policies such as its opposition to the sale of the state's ports announced that year.

Many companies opposed port sales because they could lead to higher freight costs. The institute's linked companies include those in the global transport trade, such as Sydney head of global company Amen Kwai Ping Lee.



"[Chinese donors] don't operate in the same way that we think Western donors do," said the source. "It's never about a particular issue".

Senator Dastyari was due to speak on Wednesday, the Australian Financial Review reported, at an event, "Inside the Panama Papers" before pulling out.

Hong Kong is the global capital of tax evasion, the Panama Papers revealed.

About 800 Australians were found to have interests registered in the leak, ranging from suspects in an Australian Tax Office sting on tax evasion through to prominent and legitimate businesses.

There is nothing illegal about registering companies to minimise tax.



Last year Mr Turnbull said all his investments registered through the Caymans paid tax at the proper domestic rates.

Mr Turnbull is under increasing pressure to reform donor laws. Speaking from a series of summits in Asia this week, he reiterated his long-standing personal view that donations would "ideally" be limited to individuals on the Australian electoral roll, striking off corporations, unions and foreign nationals.

Labor is also pushing for a ban on foreign donations, and Liberal figures as diverse as Christopher Pyne, Cory Bernardi and Steve Ciobo have thrown their weight behind change in various forms.