Thesun 2009-03-10 Page12 Fishy Directive One Sole Supplier

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theSun

speak up! FOR a fleeting moment, I thought I would have to suppress my love for tenggiri curry and fried ikan bawal. A fishy ruling from the Malaysian Fisheries Development Board (LKIM) had for awhile caused the price of fish to sky-rocket. The instruction was for fish importers, exporters and wholesalers to use insulated containers from a sole supplier. Failure to do so would incur a fine of RM15,000 or two years jail or both. These containers, which the fishing community say are either just as good or not as good as the ones that they have been using for years, cost between RM150 and RM250 each, while the old ones cost between RM80 and RM160. Smaller 30kg ones only cost RM28 but the LKIM-endorsed ones cost RM105. LKIM development department deputy director-general Mohd Khazin Hamzah then had the gall to say that the price of fish should not be increased following the new ruling. He reasoned that the service charge imposed on each container was still the same at RM2.50 for every container that is less than 50kg. “The container also ensures that the freshness and quality of the fish are not compromised as it enters the country,” he was quoted as saying. He also rationalised that the old plastic boxes do not come with lids, requiring importers to buy wooden boards. “This would incur higher costs and might cause food contamination if the wood rots and comes into contact with the fish,”

| TUESDAY MARCH 10 2009

Fishy directive on sole supplier he said, adding that the Why does one need new boxes had its own to trace the vessels all anti-bacterial cassette of a sudden? It’s not that and radio frequency they are carrying weapidentification device to ons of mass destruction. trace the vessels which Why following protests transported the fish. was the ruling amended His reasoning is as to just 10%? What is the silly as a previous ruldifference? Why not 20% ing banning the use of or 50%? wooden boxes to import Something reeks fish from Thailand as here. Perhaps smelly Down2Earth they could be used to enough for the Malayby Terence Fernandez sian Anti-Corruption smuggle guns! Following initial outCommission (MACC) to cry, the insulated container ruling get a whiff of. was then flipped to “at least 10% of It can go after a state assembly the number of boxes carried in one speaker for Sitting under a tree, load to be insulated fish containconduct a clandestine operation on ers”. On Sunday, Agriculture and money politics linked to a minister Agro-Based Industries Minister and go to town to say that they have Datuk Mustapa Mohamed reversed a case against the Selangor mentri this decision. besar. However, for at least two weeks, Perhaps the MACC would want when the ruling was in effect, the to investigate the management of price of seafood had increased by LKIM over the insulated box rulabout 30%. Economics 101 dictates ing – which is nothing more than that when the cost of doing business a rent-seeking exercise in the same goes up, a price hike is inevitable. vein as the requirement for holoOne questions the rationale gram labelling for pharmaceuticals of LKIM’s directive. Why after all and a proposed one for beer cans. this time, there is a need to change Maybe the MACC should start from the present boxes which have with finding out who exactly is served us well? How many and how behind Syarikat KF Marketing Sdn dire were the cases of “contaminaBhd, the appointed supplier. How tion”? were they appointed and why the

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Dolmat and National Fishermen’s Association general manager Norizaman Ghazali Its alternate directors are Salwan deputy CEO Wan Muhamad Ibrisam Wan Ibrahim, whose company also manufactures bumpers for Perodua and Proton and former Hulu Selangor District councillor Sulaiman Alias. For the year ending 2007, it posted losses of RM106,194. While everyone lauds the government for shelving this ruling, this will not be the last time where harebrained ideas that enrich a few will be proposed. It is incumbent on the government to be transparent in its explanation over the insulated box fiasco, especially to implement it at a time the economy is in dire straits and the rakyat are finding it harder by the day to eke out a living. I doubt this is what our policymakers had in mind when they formulated the New Economic Policy – making a few rich at the cost of others. Terence’s ancestors were fishermen and boatmen from Kerala. Alas all he knows about fish is eating them. He is deputy editor (special reports & investigations) and is reachable at [email protected]

MCA must close ranks

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Not another U-turn, please AFTER all that has been said and done I am perplexed as to why the wisdom of the teaching of Maths and Science in English is still in question. As pointed out by our education minister, why is a police report on this necessary after six years of its implementation? An unlawful assembly of 5,000 to hand a memorandum to the King is also unnecessary besides disrupting traffic. A strategic decision was made when it was acknowledged in 2004 that with the advent of the Internet and other factors it was in the interest of the future generations of Malaysians to be fluent in English, especially in maths and science. Appropriate measures were taken by the ministry for

monopoly? Was their appointment a result of an open tender exercise or a case of “who you know”? According to available information, Syarikat KF Marketing was established on Oct 9, 2004 and began operations only on Dec 1, 2005. Point to note is that the requirement for the new insulated boxes was gazetted by LKIM on Sept 21, 2006. According to shareholders information, the company is jointly owned by Majuikan Sdn Bhd, Konsortium Pasar Borong Sdn Bhd, Ace Roto Moulding Sdn Bhd and Persatuan Nelayan Kebangsaan and the fishermen associations of Kedah, Perak, Kelantan dan Perlis. It lists its main business as supplying insulated boxes to LKIM, exporters, importers and wholesalers. Its directors are Majuikan general manager Wan Adnan Wan Ibrahim; LKIM Kelantan marketing director Mohari Mohamad Tamin; Kedah Fishermen’s Association chairman Ahmad Rudin Hussain; Shafizul Salleh who is corporate communications head for Salwan Corporation Bhd of which Ace Roto Moulding is a subsidiary; National Farmers Association chairman Datuk Seri Abdul Rashid Abdul Rahman, National Fishermen’s Association chairman Mohamad

its implementation. Today, a prime excuse given is that the teachers are unable to teach these subjects well in English. Does this mean that a strategic decision should be abandoned based on a tactical problem? Look at how fluent our nonMalay teachers are today at teaching in Malay. They, too, had to start somewhere. Can we stop making a political issue over this and look at this objectively? Only then can we benefit the nation as a whole. Otherwise this will be another U-turn in government policymaking. Angeline Lesslar Subang Jaya

IS THERE a crisis in MCA? The party election is over. Why must leaders incessantly lobby through their loyalists for high party posts and public office? The members are calling and urging the party leaders to close ranks and work together. They are urging the leaders to carve out more time to think, brainstorm and find solutions to the economic woes confronting the rakyat and the nation. However, with the recent resurfacing of Datuk Dr Chua Soi Lek’s sex DVD, the subsequent police report and investigation of the oral sex allegations against him, the party is again embroiled in allegations and counter allegations. There is even the threat of an impending EGM to oust the president. To a life member like me, this attempt at self destruction is excruciatingly painful and embarrassing to say the least. It is time the party put a closure to all these problems. Allow me to take an objective look at the issues at hand. With regard to the DVD video, there are a few central committee members, a former deputy minister, a former minister and an incumbent minister, coming forward to lend their support to defend Soi Lek for the following reasons: that the DVD video is politically motivated; and that the central delegates by electing him as deputy president have forgiven him. The first reason, can be resolved easily: Soi Lek had claimed on numerous occasions that he knew who was behind the surfacing and resurfacing of the DVD. All he needs to do is to provide the evidence and name the culprit(s). By leaving this matter to the party members’ imagination and speculation it has caused more harm than good to MCA. It would be interesting to know why Soi Lek is not disclosing the name of the culprit(s). Could he be playing the game of bluff? Could he be deliberately causing this confusion to ignite the fire of dissent in the party? If Soi Lek continues to refuse to clear the air, the answer would be known if the case does find its day in court and/or the disciplinary hearing for causing injury to the image of the party. As to the second reason, the party members and leaders have missed an important issue of law. Soi Lek is being investigated under Section 377A of the Penal Code. He

had publicly admitted that he is the man in the DVD. Can it then be said that there is a prima facie case for him to answer under Section 377A which states: “Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature.” Section 377B sets out the punishment for carnal intercourse against the order of nature. It states: “Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.” It was established by the High Court in PP v. Datuk Seri Anwar & Anor (2001) 3 CLJ 313 that the ingredients that need to be proved are: that the accused had carnal intercourse with a person; that such intercourse was against the order of nature; that the accused did the act voluntarily; and that there was penetration. If the above ingredients are established then there is a prima facie case. And if the same goes unrebutted it would warrant a conviction. The central delegates may have forgiven Soi Lek for the immoral act but it must be remembered that they have no power to decide whether or not he is guilty of the alleged criminal offence in the DVD video. It is the duty of the police to investigate, the attorney general to prefer a charge and the court to determine guilt or innocence. Nobody is above the law. It is not right to lend support on the matter when it is under police investigation. Politicians should not put undue pressure or interfere with the relevant institutions in discharging their duties. Let us take heed of the advice of the Raja Muda of Perak Raja Dr Nazrin: “Uphold the rule of law. A lawless system breeds a lawless culture, which in turn, suggest lawless governance and lawless governments.” We must not forget that MCA is a party to the government of the day. MCA must uphold the law. It is hoped that a just and expeditious closure be achieved in this sexual sleaze episode and the power struggle in MCA, if any. Tan Foong Luen MCA Negri Sembilan Legal Bureau Chief