Thursday, September 26, 2019

China is particularly interested in asserting sovereignty over Luconia Shoals ,Chinese Coast Guard in strategy to bully Malaysia into submitting to at least de facto control

by Ganesh Sahathevan


“There don’t appear to be any other contested areas where CCG [China Coast Guard] presence is so persistent, and where China clearly wants regional counterparts to know they are present,” the report said.
“Beijing has evidently taken a special interest in Luconia, Second Thomas and Scarborough shoals. It seems to be wagering that if it can maintain a semi-permanent CCG presence for long enough, regional states will eventually accede to its de facto control of those areas.




The SCMP has reported:

Some Chinese coastguard vessels deployed in the South China Sea have deliberately made themselves visible to rival claimants of the 
contested waters
 by turning on tracking signals – a move analysts described as an attempt to assert sovereignty.
A report released by the Washington-based Asia Maritime Transparency Initiative said it had identified 14 Chinese coastguard vessels broadcasting automatic identification system (AIS) signals while patrolling the Luconia Shoals, Second Thomas Shoal and the Scarborough Shoal over the past year.
.(AMTI said that)
many Chinese coastguard vessels patrolling in other parts of the South China Sea broadcast the signals only when entering and leaving port.
But the vessels patrolling the three shoals appeared to have made efforts to be seen. One at Luconia had broadcast AIS signals on 258 of the past 365 days.
“There don’t appear to be any other contested areas where CCG [China Coast Guard] presence is so persistent, and where China clearly wants regional counterparts to know they are present,” the report said.
“Beijing has evidently taken a special interest in Luconia, Second Thomas and Scarborough shoals. It seems to be wagering that if it can maintain a semi-permanent CCG presence for long enough, regional states will eventually accede to its de facto control of those areas.

It appears that the incident involving the Malaysian flag reported on this blog in 2016 was a first step in what can now be seen to be a larger strategy to assert sovereignty over the South China Sea.
END 
SEE ALSO 

uesday, August 9, 2016

Pedra Branca/Batu Puteh decision suggests Malaysia has surrendered right to Luconia-removing own flag from Luconia Shoals in stark contrast with past practise

by Ganesh Sahathevan

These submissions by the  Government Of Singapore to the International Court Of Justice in the Pedra Branca/Batu Puteh matter were part of Singapore's ultimately successful defence against Malaysia's claim:

6.53 It should be noted that Malaysia has demonstrated her awareness of the significance of flying national emblems over territory for purposes of evidencing sovereignty. Malaysia demanded (and obtained) the lowering of the Singapore Ensign flown until 3 September 1968 over another lighthouse facility maintained by Singapore at Pulau Pisang, a territory over which Singapore does not exercise or claim sovereignty.

7.11 In the present case, neither Johor nor Malaysia ever protested against the regular flying of the British and Singapore emblems over Pedra Branca, even though this was done as a clear display of State authority and without seeking consent from Malaysia or Johor, and Malaysian officials were fully aware of this.

7.12 Moreover, Malaysia’s long silence regarding this clear and public manifestation of Singapore’s sovereignty over Pedra Branca since 1847 is in sharp contrast to Malaysia’s response to the flying of the Singapore marine ensign on the lighthouse administered by Singapore at Pulau Pisang, an island which belongs to Malaysia. In 1968, Malaysia objected to the flying of the Singapore flag over Pulau Pisang Lighthouse320. Following Malaysia’s objection, Singapore ceased flying her flag on the Lighthouse. In contrast, at no time had Malaysia ever protested against Singapore’s flying of her flag over Pedra Branca. 7.13 If Malaysia had any belief that she had a claim to sovereignty over Pedra Branca, one would have expected Malaysia to have exercised or attempted to exercise her sovereign authority over the island in the same way that she had done with respect to Pulau Pisang, if only to put on record that, notwithstanding Singapore’s presence on Pedra Branca, Malaysia had sovereign authority over the island. This omission on Malaysia’s part is especially significant as it occurred shortly after Singapore left the Federation of Malaysia in August 1965, when the governments of both countries treated each other with the utmost caution on bilateral issues.

7.14 Singapore contends that, given these facts, Malaysia had consciously (and correctly) decided that, in contrast with Pulau Pisang, any protest was not appropriate with respect to the flying of the Singapore flag on Pedra Branca. 

Given that these arguments led to the decision against Malaysia, one would expect that the Government Of Malaysia would exercise and strenuously defend its right to fly the flag on all its possessions, but this was obviously not the case with Luconia Shoals.  It is hard to see that by removing its own flag, Malaysia has not surrendered its right to the Shoals.
(Hans Berekoven, an Australian  marine archaeologistchose Malaysia's independence day, August 31 last year, to protest against the situation by raising the Malaysian flag on the tiny island.
It is the first time the video of the incident has been released.
"I took the curator of the museum that we're working with, and a couple of other Malaysian friends, and a journalist from the Borneo Post," he said.
They mounted a stainless steel flagpole into a cement footing and raised the Malaysian flag, as the China Coast Guard vessel watched from about 500m offshore.
"They must have got on the blower to Beijing and Beijing must have got on the blower to Kuala Lumpur, because suddenly there was a big kerfuffle in KL," Mr Berekoven said.
The next morning, a Malaysian aircraft flew low over Mr Berekoven's boat and the island.
"A Malaysian coast guard vessel was despatched. Went out there and unbolted the flag," he said.
"It's absolutely absurd. It's 88 miles, well within the 200 mile economic exclusion zone, and they've forced the Malaysians to take the flag down — their flag, asserting their authority, their sovereignty."

END 

Reference

ABC Australia reports that Malaysia surrendered special rights to Luconia Shoals to China : Rights to adjoining EEZ may be lost


Friday, September 20, 2019

Zhu Minshen met PM Turnbul and AG Brandis with regards Top's law school after the NSW LPAB issued the license::Why meet with Turnbull,Brandis over a state matter?

by Ganesh Sahathevan



Top Education Group Ltd
HKG: 1752
Follow
0.30 HKD −0.0050 
20 Sep, 4:00 pm GMT+8 · Disclaimer


Open0.32
High0.34
Low0.29
Mkt cap748.69M
P/E ratio73.20
Div yield-
Prev close0.30
52-wk high0.45
52-wk low0.24

The collapse in Top Group's market capitalization seems not to have bothered the relevant Australian regulators,which include the Legal Profession Admission Board NSW and TEQSA.
Fergus Hunter reported in the SMH , 

Top Education Institute, the company Dr Zhu established in 2001 and PricewaterhouseCoopers invested in earlier this year(2016) , specialises in law, business and accounting qualifications costing between $8500 and $80,000.
In November(2015) , he met Prime Minister Malcolm Turnbull for a dinner related to the institute's newly established law school.
In April (2016), he discussed the merits of law degrees with Senator Brandis.
This interesting given that Top's law school is accredited by the New South Wales Legal Profession Admission Board,which is under the purview of AG NSW Mark Speakman SC.  The common thread however is in the fact that Turnbull ,Brandis and Speakman are all "moderates" which in English means they are of their Liberal Party's Left faction.

END 
SEE ALSO



Wednesday, April 10, 2019

NSW Libs received donations of $44,275 from TOP Education Group just before after TOP was granted the "first & only" license issued a private company to award law degrees: AG Speakman and his LPAB refuse to disclose all details in the LPAB Annual Reports


by Ganesh Sahathevan


Troy Grant MP

Mark Speakman

As First Law Officer of the state, Mark oversees 
the administration of almost 200 Acts of Parliament, 
the most of any minister in the NSW Government. 


The Legal Profession Admission Board is a  statutory body chaired by the Chief Justice of New South Wales.Its annual report is tabled in the NSW Parliament by the Attorney General NSW , currently Mark Speakman SC,for approval.

The LPAB's duties include granting licenses for the award of  Bachelor of Laws (LLB) degrees to interested parties ,which until recently were all public universities. In 2015 the LPAB issued a license to grant LLBs to TOP Education Group Ltd, which proudly proclaims the fact that it is the "first and only" private company to have been granted such a license. 

The AG NSW is also the Liberal Member for Cronulla and he,as well as the LPAB , have been queried about the following issues discovered in the LPAB's 2015 Annual Report which relate to the TOP Group application. 

The  LPAB states in its 2015 Annual Report:

In addition, the LPAB received an application for accreditation of a new law degree to be offered by a non-university provider, TOP Education Institute (LLB).
The LPAB considered the advice of its Accreditation Sub-Committee and Legal Qualifications Committee, and also consulted with other admitting authorities through the Law Admissions Consultative Committee (LACC),  before deciding to accredit the new degree with effect from 1 January 2015.
http://www.lpab.justice.nsw.gov.au/Documents/Annual%20Report%202014-15.



With regards the above the LPAB and the  AG have  been asked why in considering the TOP application they  appear not to have considered   TOP  Group's CEO and controlling shareholder Minshen Zhu's  business failures which were a matter of public record in 2015 ,and collated in its 2018 Prospectus issued in connection with the Initial Public Offering (IPO) of its stock and listing on the Hong Kong Stock Exchange. Zhu's business failures are listed on page 160 and 167 of the IPO Prospectus. They are failures in small businesses which in turn raise questions about his capacity to fund a much larger venture like TOP.

The LPAB and AG were  also queried about the exclusion from the 2015 Annual Report of material that had been disclosed in the 2012 Annual Report where it is stated  that LPAB member  Dr Gordon Elkington was assigned to TEQSA to assist with the TOP  application for the relevant licenses from TEQSA. 

The exclusion from the 2015 annual report of the information disclosed in the 2012 annual report gives the impression that the LPAB's assessment of the TOP application in 2015 was a dealing with a party with which it had no prior relationship, when in fact it had.

All of the above would be of  concern to both students and investors given the dramatic collapse in TOP's share price, The AG and the LPAB have confirmed in writing that they are not interested in answering any of the questions above.


It has since been discovered that in the 4 months or so prior to the LPAB granting TOP  the license to issue law degrees, TOP made donations worth AUD 44 275 to the Liberal Party NSW Branch.










While  Mr Speakman is AG and the most senior law officer in the state, he is first and foremost a politician.He would not be AG had he not been elected.

It was to his party that the above donations have been made,and his refusal to answer the questions above does raise the perception that something is not quite right. 

His Department Of Justice has in the past shown that the Minister ,his Department Of Justice,and the LPAB can and do work together in the interest of their Minister and vice versa.This has included a recent non-disclosure of complaints against the LPAB and the College Of Law in the 2018 Annual Report.

Hence it is not unreasonable to expect that together they  provide answers to these issues which are of public interest,and which concern their conduct as public servants.


END 

Thursday, September 19, 2019

Sup Crt NSW decision confirms that AG NSW Speakman is responsible for the actions of the LPAB : Speakman cannot distance himself from decisions favouring Zhu Minshen

by Ganesh Sahathevan

In the 2015 decision of the Supreme Court in  Galiatsatos v Legal Profession Admission Board [2016] NSWCATAD 143 (5 July 2016), the Court held:

Under the GIPA legislation the  LPAB  is a “subsidiary agency”. It is taken to be part of the NSW Department of Justice: GIPA Act, Sch 4, cl 6; Government Information (Public Access) Regulation 2009(NSW), Sch 3, cl 12.

The Minister responsible for the Department Of Justice is the Attorney General Mark Speakman SC, whose NSW  Liberal Party received donations from Zhu Minshen and his Top Education Group before and after the granting of that "first and only" license to grant law degrees.


Speakman ,his Premier Berejiklian and their party cannot distance themselves from anything to do between the LPAB , Zhu Minshen and Top Group.


END 



uesday, September 17, 2019


AG Speakman's refusal to amend LPAB documents tabled in Parliament could mean concealment of donations from a property developer:Information in the public domain ignored by Peter Hall & ICAC

by Ganesh Sahathevan

Troy Grant MP

Mark Speakman

As First Law Officer of the state, Mark oversees 
the administration of almost 200 Acts of Parliament, 
the most of any minister in the NSW Government.




The following has been reported on this blog based on documents in the public domain, or otherwise placed in the public domain by this writer based on correspondence with the Legal Profession Admission Board.


Is Zhu Minshen a property developer,should the NSW Liberals have accepted his money


NSW Libs received donations of $44,275 from TOP Education Group just before after TOP was granted the "first & only" license issued a private company to award law degrees: AG Speakman and his LPAB refuse to disclose all details in the LPAB Annual Reports

NSW Liberal donor Minshen Zhu's Top Group, the LPAB,the AG,and Sharon Austen Ltd


The above taken together suggest that the AG NSW Mark Speakman is refusing to amend LPAB Annual Reports which he has tabled in the NSW Parliament for fear that the additional disclosures may provide further evidence of donations from Zhu Minshen. These may well include prohibited donations from a property developer.

END



Why did the LPAB make an exception for China's Minshen Zhu & Top Group -AG NSW Speakman maintains political silence despite weakening share price, China protests


Berejiklian Government fails to disclose action/inaction against NSW Liberal Party donor Top Education Group, claims harrassment by journalist querying non-disclosure