Showing posts with label Official Secrets Act. Show all posts
Showing posts with label Official Secrets Act. Show all posts

Friday, April 8, 2016

Parliament report on Malaysia's #1MDB blames board; calls for probe into ex-CEO


KUALA LUMPUR: A Malaysian parliamentary inquiry into 1Malaysia Development Bhd (1MDB) said the board of the troubled state fund had failed to carry out its responsibilities and its former chief must be further investigated.

The bipartisan Public Accounts Committee (PAC), which tabled the much delayed report in parliament on Thursday (Apr 7), said it found the financing and performance of 1MDB "unsatisfactory".

It called for the advisory board of the fund - chaired by Prime Minister Najib Razak - to be abolished and any reference to the prime minister be changed to finance minister in the company's memorandum and articles of association.

This is one of the final reports on investigations into alleged mismanagement at 1MDB, and a financial scandal surrounding Mr Najib. Mr Najib, who founded the state investment fund 1MDB in 2009, has battled for months to fend off allegations that billions of dollars were looted from 1MDB in complex overseas financial transactions. He and 1MDB have consistently denied wrongdoing. 

But the PAC said more than US$3 billion in unapproved payments were made from 1MDB funds, and alleged "restrictions and weaknesses" in 1MDB's management. The PAC said former 1MDB CEO Shahrol Azral Ibrahim Halmi has to take responsibility.

"As such, enforcement agencies are asked to investigate Shahrol Azral Ibrahim Halmi and anyone else related," according to a summary of the report. Mr Shahrol was 1MDB's CEO from 2009 to 2013.

The Prime Minister's Office lauded the PAC report as comprehensive and conclusive.

OVERSEAS BANK STATEMENTS

Shortly after it was released, opposition leader Tony Pua, who was part of the PAC, told a news conference the report vindicates critics of 1MDB. It "confirms gross mismanagement and wanton neglect of all principles of good governance and accountability" at the fund, he said.

"I think at the very least (Najib) should be held ministerially culpable. Anything else we don't know, as we don't have the overseas bank statements of 1MDB," said Mr Pua, an MP with the Democratic Action Party (DAP). Mr Najib was not named directly in the report.

Mr Pua lamented the failure to get crucial information on 1MDB's foreign banking transactions, which are the subject of money-laundering and fraud investigations in the United States, Switzerland, Luxembourg and Singapore. The 1MDB fund has denied those allegations.

Concern over 1MDB began after its debt rose from 5 billion ringgit in 2009 to 42 billion ringgit (US$10.77 billion) by 2014, the report said. The fund sold its land and power assets last year as part of a restructuring plan to pare down its debt pile.

The PAC began its probe into 1MDB last May. The committee's work stalled in July when PAC chairman Nur Jazlan Mohamed stepped down after being appointed deputy home minister.

'SHOCKING MISDEEDS'

Pua said "many other shocking misdeeds and transgressions" were disclosed in the report which would provide "sufficient damning evidence to indict not only the entire top management, but also the entire Board of Directors".

An interim report by the auditor-general last year found nothing suspicious after vetting the fund's accounts. Malaysia's attorney-general rejected a call by the central bank to initiate criminal proceedings against 1MDB.

The Wall Street Journal, citing documents from international probes, reported that investigators believe nearly US$1 billion moved through state agencies, banks and companies linked to 1MDB before eventually finding its way into Mr Najib's personal accounts.

The 1MDB fund has denied that any of its funds went to the prime minister. The Attorney-General cleared Mr Najib in January of any corruption or criminal offences, saying the US$681 million was a gift from a member of Saudi Arabia's royal family and that most of it was returned.

The scandal has rocked Mr Najib's government as public outrage over the alleged mismanagement and corruption grows. The scandal has fuelled a sense of crisis in a country under economic strain from slumping oil prices and a prolonged slide in its currency last year.

Swiss authorities have said as much as US$4 billion may have been stolen from 1MDB. Authorities in Switzerland, the United States, Singapore, Hong Kong and elsewhere are investigating.

PM NAJIB IN THE SPOTLIGHT

Critics have alleged debt-stricken 1MDB, set up to fuel Malaysian development projects, was bled dry in a vast campaign of fraud and embezzlement stretching from the Middle East to the Caymans.

The Wall Street Journal, which has detailed many of the money movements, also last year revealed the US$681 million payment made to Najib's bank accounts in 2013. It has said in subsequent reports that he may have received more than US$1 billion.

Mr Najib has taken steps to scuttle official investigations, purge officials demanding accountability, and stifle media reporting on the scandals.

He initially denied taking the US$681 million but his government now claims he accepted a "donation" from the Saudi royal family, most of which was given back. Saudi Arabia is yet to confirm that explanation, which is widely dismissed in Malaysia as a cover story.

The Journal last week said documents show the same bank accounts of Mr Najib were used to purchase US$15 million in luxury goods and pay out millions more to political figures ahead of 2013 elections.

The newspaper also reported that some of the money used to make Hollywood hit The Wolf of Wall Street, a movie about financial corruption starring Leonardo DiCaprio, was laundered from 1MDB.

'WE WILL STUDY AND ACT ON REPORT'S RECOMMENDATIONS': PM NAJIB

"The report has identified weaknesses in 1MDB’s capital structure and management," Mr Najib said in a statement released on Thursday afternoon by the Prime Minister's Office. "We will study and act on the report’s recommendations. We must ensure that lessons are learned, and action will be taken if any evidence of wrongdoing is found."

He added: "The PAC’s report shows that 42 billion ringgit (US$10.8 billion) is not missing from 1MDB, as had been alleged by (former Prime Minister) Mahathir.

"It is now clear that Mr Mahathir’s allegations against 1MDB have been false. He was motivated by personal interest, not the national interest, and a desire to unseat the government."

Former Prime Minster Mahathir Mohamad has been a vocal critic of Nr Najib, calling for the latter to step down over his role in the 1MDB saga. 

1MDB BOARD OFFERS RESIGNATION

On Thursday afternoon, the board of 1MDB offered its resignation to the Ministry of Finance. "This has been a difficult decision to take but we believe is the right thing to do, given the circumstances, in order to facilitate any follow-up investigations as recommended by the PAC," it said in a statement.   

- CNA/Agencies/rw
Posted 07 Apr 2016 11:07 Updated 07 Apr 2016 21:26

Thursday, September 15, 2011

On The Eve Of Malaysia Day 16 September 2011



Najib disappoints again: Glamour ISA announcements but little real change

Prime Minister Najib Razak's promise to repeal the Internal Security Act 1960 and several other oppressive laws were cautiously greeted by PKR leaders as a victory for the people, including the thousands of activists both local and foreign who fought through the decades for their removal.

However, they slammed Najib for trying to give a false impression to Malaysians that they could look forward to greater democracy, when effectively, there was little real change and a possibility that new laws made to replace the ISA could contain similarly oppressive clauses.

Read more: http://www.malaysia-chronicle.com/index.php?option=com_k2&view=item&id=19453:najib-disappoints-again-glamour-announcements-but-little-real-change&Itemid=2

Najib announces repeal of ISA, three emergency declarations

Datuk Seri Najib Razak announced tonight the repeal of the Internal Security Act 1960 (ISA) and the three Emergency Declarations when both the Dewan Negara and Dewan Rakyat have their next sitting.

The prime minister said that new laws will be enacted to protect the peace, harmony and security of the country.

He also announced that the government will do away with annual printing and publishing permits with permits that can be cancelled if regulations are flouted.

Najib acknowledged in his address to the nation on the eve of Malaysia Day that the move to increase civil liberties was “risky, but we are doing this for our survival.”

“No individual will ever be detained simply due to political ideology,” he said in his speech that was broadcast live on all local television stations.

The move to scrap the law has been hailed by ex-ISA detainee and DAP secretary-general Lim Guan Eng as “an epochal move.”

Read more: http://www.themalaysianinsider.com/malaysia/article/najib-announces-repeal-of-isa-three-emergency-declarations/

K'jaan mansuhkan ISA dan Akta Buang Negeri

"Sehubungan dengan itu lagi, kita tidak akan teragak-agak untuk meminda atau memansuhkan undang-undang yang tidak lagi relevan," tambahnya.

Kajian semula komprehensif itu akan melibatkan Akta Kediaman Terhad 1933 dan Akta Mesin Cetak dan Penerbitan 1984 di mana prinsip pembaharuan tahunan akan dihapuskan dan digantikan dengan pengeluaran lesen sehingga dibatalkan.

Kerajaan juga akan mengkaji semula seksyen 27 Akta Polis 1967 dengan mengambil kira peruntukan Perkara 10 Perlembagaan Persekutuan tentang kebebasan berhimpun dengan prinsip menentang sekeras-kerasnya demonstrasi jalanan.

Baca selanjutnya: http://www.malaysiakini.com/news/175950

ISA abolished, host of changes promised

Najib said the parliamentary motion to lift the Emergency proclamations will be made under Clause 3, Article 150 of the Federal Constitution, and was in line with the people’s aspiration for Malaysia to be more open and its democracy, more dynamic.

“As many are aware, only the emergency proclamation made following the confrontation in 1964 had been implicitly revoked, while the other emergency proclamations are regarded to be in force until today,” he said.

He said, realising that Malaysia had changed over the years and in line with the people’s aspirations based on the universal philosophy on democracy, the government would table in the lower and upper houses of parliament for the three emergency proclamations to be revoked.

Clause 3, Article 150 of the Federal Constitution gives the power to the Yang di-Pertuan Agong to revoke the emergency proclamations and ordinance, or these to be ineffective if decided by parliament.

Read more: http://www.freemalaysiatoday.com/2011/09/15/internal-security-act-to-be-abolished/

Najib's Speech Could Open Door to Malaysia Reforms

Still, depending on how far Mr. Najib is prepared to go, Thursday's speech could go some way toward repairing the poisonous atmosphere in the country, and also help Mr. Najib ensure that he can make his own mark on determining the country's future direction.

"This really could be a turning point for Malaysia," Singapore Management University's Ms. Welsh said.

Read more: http://online.wsj.com/article/SB10001424053111903927204576571934144265052.html

Sunday, July 31, 2011

Scorpenes graft: Official Secrets Act must make way for Freedom of Information



Published by Malaysia Chronicle on 31 July 2011. By Maclean Patrick.

The Freedom of Information (FOI) Act is indeed a step in the right way for a government to be transparent and accountable to the people it serves. It allows the people of a nation to have knowledge on the dealings of the government it has installed to look into its welfare.

Yet in Malaysia, the Official Secrets Act (OSA) may go head to head with the proposed FOI Act. The Official Secrets Act (OSA) passed in 1972 states, “any document specified in the schedule and any information and material relating thereto and includes any other official document, information, and material as may be classified as ‘Top Secret’, ‘Confidential’, ‘Secret’, or ‘Restricted’, as the case may be, by a minister, the Menteri Besar or Chief Minister of a state or such public officer appointed under section 2B”.

In 1983, a provision was added to the OSA that makes it an offense to not report anyone seeking official Information. If charged for not reporting foul play, the accused will face an $8600 fine and/or a 5-year prison sentence.

Under the OSA, the government can classify any document as “Secret” and this is a point of contention for the FOI Act. By implementing the FOI Act, the provision that allows this has to be removed and replaced with instead by a list of documents that can be classified secret.

The Schedule to the Act covers "Cabinet documents, records of decisions and deliberations including those of Cabinet committees", as well as similar documents for state executive councils. It also includes "documents concerning national security, defence and international relations"

Over the years the OSA has been used against bloggers, public documents such as toll concessionaires, water rates by a private water utility and a 433-page report of recommendations on how to fix the police force.

It is because the OSA is open to abuse by those in power, that it either has to be abolished or redesigned to allow for greater transparency and with a better classification to what can and cannot be considered state secret. With this the FOI Act can work, allowing the general public access to what and how the government is using public funds and to how the decisions came about.


Read more:

http://www.malaysia-chronicle.com/index.php?option=com_k2&view=item&id=16811:scorpenes-graft-official-secrets-act-must-make-way-for-freedom-of-information&Itemid=2