realpolitikasia

Sunday, November 17, 2019

Zhu Minshen's Law School Dean was a member of Law Council Australia's Legal Education Committee while "specially engaged by China 's "1000 Experts Project"-Dan Tehan must demand answers,LCA,NSW LPAB do not enjoy immunity

by Ganesh Sahathevan

From left to right :Prof Eugene Clark, Hon George Brandis,
Dr Minshen Zhu

It has been previously shown on this blog that Top Group's market price collapse and China connections bring Zhu Minshen and his companies within the ambit of Minister for Education Dan Tehan's foreign influence laws.
It was also shown how NSW's Legal Profession Admission Board (LPAB) created the problem.

The LPAB has said in ts annual reports that it consulted with among others the Law Council Of Australia in deciding that Zhu Minshen's Top Group should be granted the first and only license to award LLB's issued to a private company that was not a public university.

It can now be shown that the Dean of the Law School at the relevant time, between 2012 and 2017, one Eugene Clark, was a member of the Law Council Australia's Legal Education Committee when "acting as a specially-engaged professor under "1000 Experts Project".

The 1000 Experts Project appears to be a Party China soft power initiative aimed at influencing foreign governments and institutions, and at gathering intelligence.

That Clark was a member of the Law Council Australia's Legal Education Committee at the time, in and around 2015, when the Law Council and the LPAB where evaluating Top Group's history making application raises many questions about the conduct of the LPAB and LCA, which the Minister For Education Dan Tehan must discover, and make public.The LPAB and its chairman enjoy no immunity from such inquiries even though the Chairman of the LPAB is the Chief Justice; these are two separate hats worn by the same person, they do not enjoy the same privileges.
END

News

Mr. Edward Eugene Clark Specially-Engaged as CUPL Guest Professor

On the afternoon of September 28, 2015, our university held a farewell party for Professor Edward Eugene Clark as the first specially-engaged professor under "the Recruitment Program of Global Experts (1000 Experts Project)." At the party, the university also appointed him as a guest professor. CUPL President Huang Jin attended this send-off party and presented the Letter of Appointment to Prof. Edward Eugene on behalf of CUPL.

Professor Edward Eugene Clark previously served as the Dean of five law schools in the United States, Australia and other countries respectively, and was the former Deputy Vice-Chancellor of University of Canberra (UC), Australia. He was the first recipient of “the Prime Minister’s Award for Australian University Teacher of the Year”. ProfessorE dward Clark is an eminent scholar with rich teaching and management experience, as well as fruitful scientific research achievements. In September 2012, as our first specially-engaged professor under the "1000 Experts Project", he embarked on his new career of teaching and researching in the CUPL College of Comparative Law for the following three years.

During his tenure in office at CUPL, Professor Eugene Clark continued his excellent work. He delivered lectures on interesting topics, including “The E-commerce Law”, “Internet Law, Policy and Practice”, which were widely welcomed by our undergraduates and graduate students.He published six monographs and seven treatises, while serving as the editor for four authoritative journals. And as a specially-engaged professor of CUPL, he was invited to be a columnist for a notable Chinese website (China.org.cn). The number of articles he published on that website exceeded 150, some of which were reprinted and quoted by Chinese and overseas media, and stimulated widespread discussions in related fields. When acting as a specially-engaged professor under "1000 Experts Project" in CUPL, he was also appointed as a member of the Legal Education Committee under Law Council of Australia, and visited the United States, Austria, Australia as well as other countries to attend high-end international conferences and deliver keynote speeches.

Friday, November 15, 2019

Why Top Group's market price collapse and China connections bring Zhu Minshen & co within the ambit of Minister Tehan's foreign influence laws (and how NSW's LPAB created the problem)

by Ganesh Sahathevan

Federal Education Minister Dan Tehan. Source: AAP.The Minister seems to have discovered that Australian universities have

become too addicted to Chinese money

While Zhu Minshen's Top Education Group Ltd is an Australian incorporated company it is listed on the Hong Kong Stock Exchange and its controlling shareholders , Zhu Minshen and Amen Lee, are Chinese citizens (who may also be Australian citizens or residents).Top's share market price collapsed after it was listed, and its share price remains flat (see story below).

Top's capital structure viewed as a whole and its share market performance suggest that it is a company reliant on Chinese and Hong Kong capital which happens to be incorporated in Australia. Considering it an Australian company for the purpose of Australia's foreign interference laws is overly simplistic, a case of placing legal form over substance.

Despite that substance the NSW Legal Profession Admission Board, which is chaired by the Chief Justice Of NSW Tom Bathurst and overseen by the Attorney General NSW Mark Speakman SC,decided to issue the company the first and only license to award LLBs issued a non=public university. The fact that Top Group is in substance a Chinese company makes the LPAB's decision a double first; no foreign entity has ever been allowed to award LLB's in Australia, nor has that privilege been extended private companies.

There are good reasons for limiting the right to award LLBs to public universities.LLBs can lead a career as a barrister and solicitor, an officer of the Court,and law school principals are given special powers under law to effectively veto any law graduates application to be admitted to practise for reasons that can be kept confidential.

The NSW LPAB has created a situation where a foreign entity can interfere with and influence Australia's judicial system.

That entity has shown a willingness to further the cause of the Peoples Republic Of China and the Communist Party Of China even if it means defying law enforcement agencies, a fact that the NSW LPAB seems happy to ignore. Indeed, the NSW LPAB and its chairman consider themselves skilled in international affairs.

As previously reported, Minister Tehan's blunt instruments will have to be applied to the NSW LPAB , and the senior lawyers who comprise it, including its chairman, the Chief Justice Of NSW Tom Bathurst.

END

Top Group IPO a classic case of license trading: Post IPO spike & collapse in market cap raises obvious questions about any political party beneficiaries ,but Peter Hall & ICAC not interested

by Ganesh Sahathevan

The graph above shows the movements in Zhu Minshen's Top Group's share price since its IPO and listing on the Hong Kong Stock Exchange.

It is easy to see that there was an initial spike after which share price and market capitalisation collapsed.

Anyone familiar with Asian markets will see that the Top Group listing and movement in share price follows the well trodden path of companies that list as soon as hard to get approvals are obtained and then sold via an IPO. In the case of Top Group the relevant approval was the "first and only" license to grant Australian law degrees granted a private company, granted by the NSW Legal Profession Admission Board,after consultation with the Law Council Australia.

It has already been shown on this blog that the granting of that license coincided with donations from Top and Zhu to the NSW Liberal Party. Consequently a inquiry into who the beneficiaries of the IPO were seems a logical step for an inquiry into political donations in NSW, but not it seems for Peter Hall QC and ICAC.

See
Peter Hall QC and ICAC have been provided information about Top Group by Dr Amen Lee, but ICAC will still not call Zhu Minshen

AND

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

END

Husband & wife concern China Matters blames media for China's rejection of Andrew Hastie and James Patterson

by Ganesh Sahathevan

China Matters implies that media were responsible for Andrew Hastie and James Patterson being told they not welcome by the Chinese Government:

It is most unfortunate that the names of the politicians who had accepted our invitation to join the study tour in December became public in advance (“Outspoken China critic Andrew Hastie to visit Asian superpower on parliamentary fact-finding mission. Enter the Dragon.” West Australian 23 Oct 2019). We believe that these politicians accepted our invitation in good faith with the aim of gaining a deeper understanding of the PRC and of sharing their views with PRC interlocutors. Disappointingly, the media attention that ensued created an environment which was no longer conducive to our goal of facilitating low-key discussions and exchanging differing points of view behind closed doors. A guiding principle of these study tours has been that one publicly shares one’s study tour experiences upon return to Australia.

China Matters's states that since its inception it has strived to bring nuance into discussions about the PRC in Australia.The above however provides further evidence that this outfit ought not to be taken seriously, and ought to be considered nothing more than a PR or advertising outfit with pretensions of grandeur on the international stage.

END

SEE ALSO

Monday, October 28, 2019

Husband & wife concern "China Matters" would not be taken seriously in Asia, but in Australia it has high level government support- Australian policy makers have clearly not heard of Lee Kuan Yew's Suzhou Experience

by Ganesh Sahathevan

Late Lee Kuan Yew inspecting the construction of the Suzhou Industrial Park

Australia's Shadow Treasurer Chris Bowen has proudly declared on his website:

Today I’m leaving on a 4 day trip to Beijing, China to discuss a range of economic matters.

Over the course if the trip I am meeting with a range of academics, China policy specialists and representatives from global international organisations such as the International Monetary Fund.

This includes meetings with Jia Qingguo, Professor and Dean of the School of International Studies at Peking University and Dr Chu Shulong, a US-China relations policy expert.

I will also participate in a Roundtable on China’s international outlook, hosted by Dr Wang Huiyao, Founder and President of Centre for China and Globalization, the largest independent global think tank in China,

The trip is sponsored by the public policy initiative “China Matters” and I will be accompanied by the founding director and Chief Executive Officer of China Matters, Linda Jakobson.

China Matters appears to be a family affair. Its website is registered in the name of one Chris Lintz (see record below) who states on his Linkedin profile:

Currently assisting my wife Linda Jakobson with her public policy initiative China Matters Ltd. Please see www.chinamatters.org.au for more details.

Specialties: China representative office management and establishment of representative offices in China. Fluent in Chinese (Mandarin). Extensive knowledge of China's machinery industry and oil & gas industries; industrial standards in China for the machinery industry, oil & gas industry and power sector (including nuclear).

Ms Jakobson's views on business with China are in the usual "must do more to trade with China, and must understand China better to ensure Australian commercial prosperity".

Some examples:

......Australians are missing opportunities because of reluctance to invest in China. Despite the fact that the consequences of China’s economic transformation have been apparent for a decade, Australia’s economic relationship with China continues to be largely transactional (resources or food products are shipped to China). Xi Jinping’s reforms merely reinforced goals set by his predecessor: to make growth consumption-driven rather than investment-led and reliant on the services sector rather than manufacturing. The overwhelming majority of Australia’s GDP derives from the services sector, but services only comprise about 20% of Australia’s exports

These views would be treated with derision by most Asian businessmen(many of them ethnic Chinese from Malaysia, Singapore)who have been venturing into China since at least the mid-90s. Their experiences have not been happy, and many would not today consider that they are "missing opportunities because of reluctance to invest in China'". Lee Kuan Yew's Suzhou Industrial Park was one of the most high profile examples of why any business would prefer to forego these "opportunities".

It is strange that the likes of Chris Bowen and other policy makers would rather ignore LKY's experience and choose instead the guidance of consultants like "China Matters" when it should be obvious that profit seeking businessmen gambling their own money are likely to have better intelligence of these missed "opportunities".
END

Domain Name: CHINAMATTERS.ORG.AU

Registry Domain ID: D407400000001230022-AU
Registrar WHOIS Server: whois.auda.org.au
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Registrant Contact ID: LACH1374
Registrant Contact Name: Chris Lanzit
Registrant Contact Email: chris.lanzit@asiamattershk.net
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Tech Contact Name: Chris Lanzit
Tech Contact Email: chris.lanzit@asiamattershk.net
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Name Server: PIOTR.NS.CLOUDFLARE.COM
DNSSEC: unsigned
Registrant: CHINA MATTERS LTD
Eligibility Type: Charity
Eligibility ID: ABN 19601328018

>>> Last update of WHOIS database: 2019-10-28T09:12:07Z <<<

Thursday, November 14, 2019

New foreign interference laws may require Minister Tehan to apply his "blunt instruments" to Zhu Minshen's Top Group; investigation of regulators including the NSW LPAB must follow

by Ganesh Sahathevan

The AFR has reported that universities will be forced to take action over China ties:

The education minister (Dan Tehan) told universities he has ways of compelling them to take action on foreign interference, reinforcing comments he made earlier this week that he had "blunt instruments" to use if they didn't .
These include acting against a university through the Tertiary Education Quality and Standards Agency, which is the industry regulator, or writing new rules into individual
contracts each university has with government for funding.

Zhu Minshen's Top Group has a history of interference in local politics which is a matter of public record. As reported previously on this blog Zhu Minshen undermined an Australian Federal Police directive.

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 rally , which counted towards the Top students’ assessment. Zhu’s Top Institution is “perhaps the only accredited degree program in Australia that counts agitating for a foreign power towards its qualifications.

He also describes how Zhu Minshen and his Top Education Institute(and other Chinese entities) interfere in Australian politics.The section on Zhu and Top begins :
"Few people noticed, but the fishy smell around Zhu Minshen's Top Education Institute was noticeable a few years before it began wafting from the front pages of the newspaper (such as the AFR in 2013)"

The donation scandal that Zhu was involved in has been complicated by the fact that Zhu made a series of donations to the NSW Liberals which coincided with the grant of his license to issue LLBs.

While these rules have only just been introduced, and while it is unlikely that the laws will apply retrospectively, the issue of Zhu Minshen's license to issue LLB's is an ongoing one that has been enabled by the NSW Legal Profession Board and its chairman the NSW Chief Justice Thomas Bathurst. The LPAB and the Chief Justice have refused to provide answers. Compounding the issue is a recent incident where the NSW LAPB and its chairman refused to investigate complaints from this writer against another institution under their purview, The College of Law,and instead attempted to discredit this writer's work on the 1MDB scandal. They relied on special powers granted law school principals which give them, and Zhu, the ability to determine arbitrarily who may practise law in NSW, and in Australia.

The history of secrecy and failure of regulation by the LPAB will require Tehan to apply his "blunt instruments" to both Top Group and its regulator, the LPAB.

Minister Tehan may not have contemplated an investigation into the NSW LPAB ,its chairman Tom Bathurst and the AG NSW Mark Speakman when his officers and he formulated the foreign interference laws. However, the conduct of these regulatory bodies makes the investigation necessary.

END

See Also

"The fishy smell around Zhu Minshen's Top Education Institute": Clive Hamilton's "Silent Invasion" raises questions for NSW AG Mark Speakman & the LPAB

Sunday, November 10, 2019

NSW LPAB Chairman Bathurst who granted Top Group its history making right to issue LLB degrees could stay in job till 2023: Bathurst CJ will be around to swear in Top Group law grads as officers of His Honour's Court.

by Ganesh Sahathevan

NSW Chief Justice Tom Bathurst says he is "still enjoying the job". Wolter Peeters,AFR Chief Justice Bathurst told the AFR's Michael Pelly was his "present intention" to serve until the end of February, 2022. However, he noted that he can continue to preside until March 17, 2023 (when he turns 75).

The Chairman of the NSW Legal Profession Board ,the NSW Chief Justice Thomas Bathurst has told the AFR that he could stay in his job until 2023.
He is responsible for granting political donor Zhu Minshen's Top Education Group Ltd the first ever right to issue LLBs in Australia granted a private company that is not a university.

Together with NSW AG Mark Speakman Bathurst has denied all requests for information on that decision, choosing instead to evade the issue by accusing this writer of harassment via "numerous emails". By remaining chief justice until 2023 Bathurst will be in a position to swear-in the first few batches on Top Group law graduates as barristers and solicitors of the Supreme Court Of NSW. To do so he will rely on documents issued by Zhu Minshen as principal of Top Education Group, a right bestowed by Bathurst and his LPAB despite Zhu's colourful history.

While Bathurst is the chairman of the LPAB he appoints a presiding officer or officers to act in his place.While this may in a legal sense distance him from the decisions of the LPAB, public perception is a different matter.

As previously reported by this writer the LPAB has not disclosed completely its dealings with Zhu Minshen . Despite the scandal surrounding him and Top Group, as well as his co-venturer Amen Lee, Top Group reported that its LPAB review "went smoothly".

END

AMBank and ANZ boards of directors no longer shielded by management : Shayne Elliott exposed, denial now even less believable

by Ganesh Sahathevan

Shayne Elliot

ANZ and Shayne Elliot's statements before

an Australian Parliament inquiry were a classic

case of denying everything. It appears now that

they did so with documents prepared to enable

plausible deniability

The revelations of Norhayati Yusof suggest that the AMBank and AMMB boards may have based their 1MDB related statements, reflected in board minutes and published via mass media and stock exchange announcements, on documents drafted to enable them to deny knowledge of the 1MDB transactions.

Ms Yusof's revelations suggest that AMBank and ANZ are pursuing a strategy of plausible deniability ie that the transactions involved were so complex that they could not possibly have known where the money paid into Najib Razk and SRC's AMBank accounts came from or went to.
The strategy seems to have been based on documents prepared by management to reflect that belief ,regardless of the facts.

This plea of ignorance is being made together with other statements that accuse the journalists concerned in making the 1MDB theft public of ,in essence, having made up the whole story about the 1MDB theft. These statements are being made despite the DOJ and other government agency findings, and the recent revelations in the criminal trials of Najib Razak.

Again, it is now for the MACC and Bank Negara to do their part; this far it is the DOJ and other foreign agencies that are doing their work for them.

END

SEE ALSO

uesday, October 8, 2019

"AmBank purposely hid facts on bond subscribers from 1MDB - Shahrol Azral Ibrahim Halmi, former 1MDB CEO, in court under cross examination about the ANZ managed AMBank

by Ganesh Sahathevan

------------------

- ◾ "AmBank purposely hid facts on bond subscribers from 1MDB - Shahrol

10.30am - AmBank Group purposely hid facts from 1MDB on Aktis Capital and Country Group being secondary subscribers of 1MDB bonds in 2009, a witness tells the court.

Shahrol Azral Ibrahim Halmi, who is a former 1MDB CEO, testifies this under cross-examination by lead defence counsel Muhammad Shafee Abdullah.

He, however, declines to speculate on why the bank might have wanted to do so.

Shafee: So you are going on record that you were never informed by Ambank that Aktis and Country Group was involved as secondary subscribers?

Shahrol: Yes.

The witness then agrees to a suggestion by Shafee that given the hindsight of the situation now, AmBank had purposely hidden the facts.

Earlier, Shahrol testifies that 1MDB board of directors had in Oct 2009 summoned AmBank to explain why 1MDB only received some RM4.3 billion for its RM5b Islamic medium-term notes (IMTN), instead of its face value.

He says that presentation by AmBank to the board did not reveal about Aktis and Country Group being 1MDB's secondary board subscribers. ❗

According to Shahrol, they were only told that 1MDB bonds were subscribed by the EPF, Socso, and insurance companies.

The witness adds that the most vocal board member who queried about the IMTN value was 1MDB chairperson then, Bakke Salleh (above).

Jho Low was sole link between 1MDB, ex-CEO and Najib, court hears

10.15 - Jho Low was the sole link between then 1MDB CEO Shahrol Azral Ibrahim Halmi and its sole shareholder Najib Abdul Razak, the High Court hears.

Shahrol, the 9th witness, says this during cross-examination by lead defence counsel Muhammad Shafee Abdullah.

Shafee is asking Shahrol about wanted businessperson Jho Low's role in 1MDB meetings.

"He (Low) was the sole link between 1MDB, me and sole shareholder Najib," Shahrol testifies.

When Shafee asks who was the sole shareholder of 1MDB in 2009, he replies it was Minister of Finance Incorporated.

Najib was finance minister and later prime minister in 2009.

Verbal spar erupts between Shahrol and Shafee over RM5b bond issue

9.57am - Shahrol Azral Ibrahim Halmi and lead defence counsel Muhammad Shafee Abdullah verbally spar over whether the former 1MDB CEO had tried to find out what happened to the sovereign wealth fund's RM5 billion bond issue in 2009.

It happens during cross-examination when Shafee asks Shahrol whether the witness had queried AmBank, which was arranging the bond issue, on the breakdown of the bond issue.

When Shahrol answers "I do not know", Shafee (photo) reminds the witness that he, as then 1MDB CEO, had the right to ask about it.

Shahrol: I did not (ask) at the time.

Shafee: You have the right to ask.

Shahrol: I do not know. You are telling me as a defence counsel. I need advice from counsel (prosecution).

Shafee: Why do you need to ask (prosecution)? You were 1MDB CEO.

Shahrol: I do not know.

Matters calm down when Shahrol reveals that the 1MDB board on two occasions in 2009 called AmBank to explain the matter."

https://www.malaysiakini.com/news/494987

Ambank conspired with Jho Low: Najib Razak 's defence continues to point the finger at ANZ managed AMBank

Saturday, November 9, 2019

AMBank threat to 1MDB whistleblowers, journalists of "carnage" suggests a cover-up; onus on Bank Negara, MACC to act

by Ganesh Sahathevan

Norhayati Yusof

Vice President - Compliance Governance, Group Compliance, AmBank Group

Kuala Lumpur, Kuala Lumpur, Malaysia

This is not what one expects from a senior bank officer in charge of compliance and governance, but then again she is Malaysian, where customs and traditions are such that threats of divine intervention that would wreak "carnage" in answer to prayers are common:

Norhayati Yusof Mujahidin Zulkiffli you’re assuming? Do you guys even have a clue of what went on and still goes on in AmBank? How many innocents and whistleblowers sacrificed themselves so assholes such as these can claim knowledge? I will tell you this, if all the innocents in AmBank doa against all these assholes, there’d be carnage. Seriously.

The response, especially read in full , suggests a cover-up. The onus is now on onus on Bank Negara, MACC to act.

END