realpolitikasia

Monday, September 26, 2022

Not in FPDA partners' interest for China to acquire Shell's oil and gas business in Sarawak, Sabah

 by Ganesh Sahathevan 






 As previously reported here China's Luconia Shoals adventures may add to Petronas production sharing contractors' costs .  Given China's growing aggression in the South China Sea, it may well be that the Chinese intend to drive up costs and escalate tensions to a point where Shell Plc might be persuaded to sell its interests in the area (see map above) to a Chinese government concern.  Such an acquisition will give China access to a vast network of pipelines, platforms, and other infrastructure which can then be used to further its surveillance and control of the South China Sea.

That, if it occurs, will not be in the interest of any the of Five Power Defence Agreement partners who need free access to the South China Sea in order to secure trade routes which include trade in oil and gas. Australia in particular relies on South East Asian supplies of refined oil and gas to keep the country running. 

Malaysia also will be disadvantaged for China would then have control of both a significant portion of Malaysian government revenue as well as much of its maritime territory.As reported , Malaysia's leaders may well have reason to hand over its oil and gas installations to China, but it does not follow that such a move would be in Malaysia's national interest. 



TO BE READ WITH

Sunday, January 3, 2016

Paying China: Petronas oilfields, installations in the South China Sea could go to China as Malaysia flounders trying to pay its chief financier

by Ganesh Sahathevan


Malaysia's growing reliance on the Chinese Government for capital may see China seeking compensation in the form of Malaysia's oil and gas fields and related infrastructure in the South Chin Sea.While ExxonMobil ,Shell and a host of other smaller foreign companies operate those fields pursuant to production sharing contracts , Petronas remains the ultimate  owner of the fields,and the infrastructure.

The resumption of Petronas infrastructure in the South China Sea can

provide China an alternative to its recent island building campaign that has attracted international criticism, in addition of course to whatever oil and gas there may be left in the relevant areas.
As illustrated in these maps, China could dominate the South China Sea very quickly by simply assuming control of a few strategically located fields.









Posted by Ganesh Sahathevan at 10:32 PM  
Email ThisBlogThis!Share to TwitterShare to FacebookShare to Pinterest

No comments:


 
Posted by ganesh sahathevan at 7:15 PM No comments:
Email ThisBlogThis!Share to XShare to FacebookShare to Pinterest

Friday, September 23, 2022

Court affirms that in Malaysia political donations received and used solely for political purposes are not corruption, regardless of what the donor may gain in return

by Ganesh Sahathevan

                                                               

                                                        Judge Datuk Mohd Yazid Mustafa

The  High Court has affirmed that in Malaysia political donations used solely for political purposes  are not corruption. The decision seems to suggest that that would be the case regardless of  anything that the donor might gain as a consequence. 


In  PP V Ahmad Zahid Bin Hamidi His Honour Dato Haji Mohd Yazid Haji Mustafa of the High Court Malaysia affirmed three Malaysian cases where it was found that political donations used solely for political purposes are not corruption.


His Honour held:


In PP v Saidin Thamby [2012] 4 CLJ , the witnesses testified that the accused received RM1 million as political donation for UMNO Selayang to pay for the UMNO Selangor building. None of the prosecution witnesses testified that the said money was corruptly given to the accused as gratification. The accused was merely a recipient on behalf of UMNO Selangor. Based on such finding, the donation was purely for political. purpose.

In Tengku Adnan Mansor v PP [ 2021] MLJU 2200 ,the majority decision the Court of Appeal concluded that the learned trial judge of the High Court failed to consider the evidence of the 2 prosecution witnesses that the sum of RM2 million was for political contribution to UMNO Kuala Lumpur for the 2 by-elections in Sungai Besar and Kuala Kangsar. The learned trial judge also failed to take into account the evidence of the investigating officer that the said RM2million could have been a political donation, 

In PP v Zul bin Hassan  [2013] 5 MLJ 489, the Court of Appeal in deciding whether a donation to a political party could be an offence or not, it depended on the circumstances and facts of each case. Based on the said Court of Appeal decision, the amount received would have been corruptly received if such amount was used for any reason other than political  purposes.


From my understanding of the decided authorities, political donation is only a good defence provided that first, the money had been received as a political donation and secondly, the monies had been spent purely for political purposes with supporting evidence to that effect. For instance, in Saidin Thamby case the prosecution witnesses confirmed that the money received was only for UMNO.


In PP V Ahmad Zahid Bin Hamidi His Honour found that the defence had not proven that the funds received by Ahmad Zahid Hamidi were used solely for political purposes, and thus denied him the defence. His Honour did however find that the prosecution had not proven its case against Ahmad Zahid Hamidi, and acquitted him of all charges without his defence having to be called.

Ahmad Zahid had been charged with gratification pursuant to the provisions of the Penal Code and Malaysian Anti-Corruption Commission (MACC) Act 2009.  He was alleged to have received   about USD  $11 million in bribes from a company that sought and was awarded contracts to provide the Government Of Malaysia a  visa issuance system.That fact was not in dispute.


END


Posted by ganesh sahathevan at 6:23 AM No comments:
Email ThisBlogThis!Share to XShare to FacebookShare to Pinterest

Tuesday, September 20, 2022

MOF must demand CIMB return fees for Edra advice, arranging sale to China General Nuclear Power given Nazir Razak's revelations

 by Ganesh Sahathevan


 



Given the attention drawn to Nazir Razak's autobiography  "What's In A Name"  by the journalist Louise Story simple Google searches have been undertaken by this writer and the results have proven to be intriguing. 

This item for example suggests that once appointed executive chairman of CIMB, Nazir, (presumably forewarned by Ms Story), did everything possible to distance CIMB from 1MDB: 


What's in a Name - Google Books result

https://books.google.com.au › books
Nazir Razak · 2022 · ‎Biography & Autobiography
From the outset, I was determined CIMB wouldn't get involved in 1MDB in any way. I told my management team we would never have anything to do with the fund ...
However, by March 2015 Business Times Singapore and others were reporting that CIMB had been appointed by the then Finance Minister ,Prime Minister and Nazir's elder brother Najib Razak to advise on the sale of  1MDB's energy company Edra :

CIMB Group Holdings Bhd, Malaysia's second-largest bank by assets, said on Thursday it has been appointed by the country's finance ministry to act as adviser for the potential sale of power firm Edra Global Energy Bhd, owned by indebted state fund 1MDB, to strategic investors.

"CIMB's role will include identifying potential buyers and running a competitive process for Edra to derive an optimal outcome for the ministry of finance," CIMB said in a press statement.

The appointment does not extend to any other areas relating to 1Malaysia Development Bhd Group, known as 1MDB, CIMB added

By November 2015 The Malay Mail and others were reporting that 1MDB had agreed to the sale of its power assets to China General Nuclear Power Corporation (CGN)for US$2.3 Billion, or approximately RM 10 Billion. 

CIMB's advisory fees, including likely success fees on the sale are likely to have run into the very many millions. Bonuses would have flowed to senior executives involved in the deal, including the executive chairman who is likely to have been involved in every step.

The Ministry of Finance must now demand a return of those fees and bonuses given what Nazir himself has described as a corporation that he "was determined CIMB wouldn't get involved in".
Nazir's attempts to reimagine the 1MDB scandal (see story below) add to the evidence that CIMB and he were complicit in the 1MDB scandal. 


TO BE READ WITH 

Tuesday, September 20, 2022

Nazir Razak's claim that he became aware of the 1MDB scandal after August 2014 raises questions about what he and CIMB knew of the theft- Sarawak Report 1MDB linked stories began appearing in January 2014, and have been subject of public discourse ever since

 by Ganesh Sahathevan 



A paragraph from Nazir Razak's book  "What's In A Name" is gaining publicity after it was posted by its subject, Louise Story, a journalist from the United States who Nazir claims was responsible for bringing the 1MDB scandal  to his attention. 

Nazir's claim is curious for the first stories about Riza Aziz's movie and  property deals in the US began appearing in January 2014, published by Sarawak Report (see story below). Stories about Riza's Hollywood film making exploits were already being told  in KL by late 2013. Those stories suggested that Riza's movies were being funded by the Malaysian Government. 

The August 2014 point in time  of his becoming aware  is intriguing for  Nazir 's appointment as executive chairman CIMB in September 2014 was announced in July 2014. It does appear as if Nazir is attempting to distance CIMB, his office as its executive chairman and himself  from the 1MDB scandal, but the attempt is not credible.

Nazir must now provide public disclosure of what he knew about 1MDB, the flow of its funds, and when. A forensic investigation of all that information may help recover at least part of the very many billions in 1MDB linked money that remains to be recovered. 


TO BE READ WITH 




WOW! Riza Aziz's Secret Beverly Hills Mansion HOLLYWOOD EXCLUSIVE

  • 21 Jan 2014
  •  
  •  BM ç¿»è¯‘
  •  


How it was advertised – a huge open plan property

Instant movie mogul, Red Granite’s Riza Aziz, has purchased a secret Hollywood mansion in the most expensive part of Beverly Hills overlooking LA.

Sarawak Report has established that 36 year old Mr Aziz, who earlier spent some three years working in London for HSBC, purchased 912 N Hillcrest Road for $17.5million in September 2010.

The property sprawls over 11,500 square feet and has 5 bedrooms and 10 bathrooms. It looks out over an enormous swimming pool and views of West Hollywood.

It is is flanked by gracious avenues and neighbouring vast residences, mostly belonging to big names in the movie business.



Red Granite HQ is on 7th floor

Tour buses swing by at regular intervals, packed with star-spotters from all over the world and expensive cars purr past in an area where nobody walks.

912 North Hillcrest Road is also just a step away (were anyone to consider walking) from Red Granite Pictures’ exceedingly plush office address on Sunset Boulevard.

This is also not a premises that the company cares to make public.

However, Sarawak Report visited the large 7th floor suite and established that it is top spec and covers half an entire floor of the building with stunning ocean views across Los Angeles.

The space rents out for $3.75 a square foot with each floor providing some 11,600 sq ft, indicating a monthly rental of over $20,000 for the up and coming movie financing company.


We found Red Granite’s prime location and office space

 

912 North Hillcrest Road



Let’s pull down this brand new place and build it again – 912 N Hillcrest at present!


The Aziz mansion is registered not under the name of its owner, who is the stepson of the Malaysian Prime Minister and son of Rosmah Mansor, but a company called 912 North Hillcrest Road (BH) LLC, registered in Delaware, which is a well-known corporate tax haven.

However, the company which performs a private business and wealth management role for Mr Aziz, Nigro Karlin Segal Feldstein & Boino (NKSFB) confirmed the property was his.

And when we visited last week we discovered that it has just been completely demolished and is being totally rebuilt.

The advertisement photographs (above) are of the previous house, which neighbours told us had already been comprehensively refurbished in advance of the sale to Mr Aziz back in 2010:

“It originally sold for $6.8million, then it was remodelled and sold for $9.8million to an Arabic guy, who demolished and re-built and then sold it for $17.5 million. Now look it has been demolished again by the guy who bought it”

mused a groundsman, who did not wish to be named.


The spacious rooms are being entirely re-built with an open plan theme

The lower floor, which is under construction by the builders Winters Schram is completely covered in tarpaulin to protect the wood walls and ceilings, which are currently being installed.

We learnt that there will be an entirely new, “very large” pool, which we saw being dug out at the front of the house.

There are a bevy of workmen both on the site and tending the landscaped garden. However Sarawak Report was able to gain access to the uninhabited property for a look at what is being remodelled.

We found a series of huge rooms based on a open plan design, connecting into each other, in what is clearly being developed as the ultimate modern Hollywood style.



Airy and spacious

Reliable insiders have confirmed that the rebuilding will cost several millions more dollars than the original asking price, bringing the cost of the property up towards the sort of price that Mr Aziz recently paid for the $33.5million property that we revealed he bought in New York in 2012.

Property news outlets had reported that Mr Aziz’s purchase of the apartment at Park Laurel 15 West 63rd Street was one of the most expensive ever in the capital.

It matched the record breaking purchase by his friend, the controversial young Malaysian businessman Jho Low, of the penthouse in the Trump Tower, also for $33.5 million.



Major works

Questions about so much money

Malaysians reacted in astonishment over Christmas when Mr Aziz’s multi-million dollar New York property was brought to public attention.

Perhaps now they will be less surprised to learn that the youthful Prime Minister’s step-son, who is seeking to invest in the movies, has sought to make his main base in Hollywood with an even grander accommodation?

However, once again, there is the valid question as to how he came by such enormous sums of money?

It is one thing to claim that you have persuaded 3rd party investors to risk hundreds of millions of dollars on films, but quite another to be purchasing personal properties.

As a politically exposed person in Malaysia Mr Aziz and his family are currently being pressed to explain how he or his family were able to finance such an extremely expensive series of homes, quite apart from raising hundreds of millions to bankroll movies like Wolf of Wall Street?

The law firm Loeb & Loeb, which incorporated Red Granite back in 2010, is in an informed position to advise Mr Aziz on appropriate transparency.



Supervising the case – Mr Channing Johnson is the husband of NKSFB Director Debra Johnson, who manages Riza Aziz’s business affairs.

A Loeb&Loeb partner, Channing Johson, to whom a letter threatening Sarawak Report with legal action was copied last month, is married to the director at NKSFB, who we have been reliably informed, directly manages Mr Aziz’s financial affairs, Debra Johnson.

The law firm assured Sarawak Report that:

“It is factually untrue to state (or strongly imply) that the Picture is owned or financed, in whole or in part, by relatives of Mr Aziz, by Mr Aziz himself, from other sources of financing emanating from the country of Malaysia, or Mr Low. In fact, the budget of the Picture was financed through traditional sources of motion picture financing, including funds provided by three major financial institutions, tax credits and foreign pre-sales.” 


Director at NKSFB who handles the Riza Aziz account.


We request, therefore, that Mr Johnson of Loeb & Loeb with the assistance of Mr Aziz and Mrs Johnson, furnish more details about these sources of funding.

Firstly, because there would appear no need to keep them secret and secondly because Mr Aziz and his family, like the President of America, are politically exposed persons.

Mr Obama publishes his annual finances and many Malaysians would like to see their own politicians do the same or at least have the right to ask for similar transparency, without being threatened with legal ruin.

We would also like to take the opportunity to request an explanation as to why Mr Low was given his own credit of “special thanks” in the movie Wolf of Wall Street, since Loeb & Loeb have confirmed he was not involved in the financing of the film in any way?

Was it for treating a thirsty production team to copious champagne or some other reason, since the credit is widely noted for being a highly unusual gesture in the film business?

Most expensive rental property in Hollywood



$40,000 a month at 8500 Burton Way

Meanwhile, records indicate that Mr Aziz has been treating himself to some very elegant accommodation, while he waits for the completion of his Hollywood Mansion.

He has been occupying the penthouse floor of what has been described as Hollywoods most expensive ever rental apartments at 8500 Burton Way.

We visited the brand new, plush building, which advertises itself as Hollywood’s most sought after address.

The apartments come with full concierge service and expensive cars are lined up by the valet service outside.

The Wall Street Journal featured the building, which was developed in 2012 by Rick Caruso a major financierr:

“Named after its address, 8500 Burton Way features floor-to-ceiling windows and space-age curves, including a cloudlike oculus that appears to float over the building. It also features some of the priciest rents the city has ever seen”



Roof top gardens and pools distinguish the down town property

The article continues:

“Many of the building’s units rent around $8 a square foot, compared with about $2 a square foot for an average Los Angeles apartment or $4 for a luxury building, says Paul Habibi, a real-estate professor at the University of California, Los Angeles. “I’ve been in this business for 17 years and I’ve never heard of $8 a square foot anywhere in L.A.,”[Wall Street Journal]



As smart as it gets. Penthouse exterior at 8500 Burton

By now Malaysians will not be surprised to learn that the unaccountably wealthy son of Rosmah Mansor has been living it up on the 7th floor of this acme of LA luxury buildings.  Only the very best and most expensive of accommodation seems contemplatable for Mr Aziz.

 




Posted by Ganesh Sahathevan at 7:08 AM 
Posted by ganesh sahathevan at 9:03 PM No comments:
Email ThisBlogThis!Share to XShare to FacebookShare to Pinterest
Newer Posts Older Posts Home
Subscribe to: Posts (Atom)

Followers

Blog Archive

About Me

ganesh sahathevan
View my complete profile
Simple theme. Powered by Blogger.