How To Use Social Media To Promote Your Small Business

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Kym McNicholas, Forbes Staff

Image via CrunchBase

You have a small business and you haven’t bought into the social media craze? Guess what? Silence is no longer an option. People are online talking about your company as you read this, whether you like or not.  If you don’t engage in the conversation, you risk losing your customers. But maybe you don’t have a choice as many small airports do in the State of California and across the United States. Many are owned by cities who don’t give them a dime and yet take money whenever they please. Those city managers force their airport managers to jump through hoops and political red tape to be able to promote their facilities. These airport managers have their hands tied in dealing with counties which just recently decided to launch a website, let alone a social media marketing strategy. So, I was asked by Michael McCarron, Public Information Office for San Francisco International Airport, to speak to the managers of small airports through California about the benefits of having a social media presence, so that they can convince their ‘bosses’ to allow them to open Facebook, Twitter and Google+ accounts, as well as to create blogs.

Here’s part of my presentation. I hope it helps you with your online social media strategy. If You have more ideas, please share them in the comments section at the bottom of the post. The more ideas, the better.

1. ASSESS YOUR ASSETS: The first action you should take before engaging in online marketing or social media marketing and engagement is to look at what are you’re trying to promote. What are your assets? Who are your target customers? It may seem obvious. But, A Bay Area airport had small planes for rent. But business was slow because they were simply targeting pilots trying to rack-up hours. Turns out there was a larger audience they could target through social media, tourists looking for aerial Bay Area tours. Business took-off.

SIGN-UP FOR SOCIAL MEDIA: Facebook, Twitter, Google+, YouTube and LinkedIn. Facebook allows you to create a business page.  Make sure you read the rules for businesses first. You can even ‘create a page’ through your personal account, if your business allows you to do so. That makes it easy for small business owners to manage it. On LinkedIn, every employee becomes your best advocate.



FIND A SOCIAL MEDIA MANAGER: Managing multiple social networks is daunting. So, before you start posting content, requesting friends and adding followers, sign-up for a social media manager such as Ping.fm and HootSuite. It allows you to manage all of your accounts on one site and schedule your messages to deploy so you don’t have to sit over it all day. It also allows you to review the success of the tweets real-time with click-through statistics. And you can gather all the mentions of your brand, industry or search terms on Twitter through it as well. That’s for the free version. I suggest trying that first. As you get more involved in social media, I prefer SproutSocial.com. You have a choice on plans for nine-dollars to $49. There’s a 30-day free trial to make sure it works for you. What I like is that it allows you to take all of those you follow and the followers and create contacts out of them which you can manage in the system and track engagement. It also has one inbox for all of your messages from all the networks. Plus, it allows you to track check-ins at FourSquare and Gowalla.

POST UPDATES: It’s important to have content on your social media pages before you start adding friends and followers. When you try to find friends, they’re going to look at the page to see if they want to follow you. So you need to give them a reason to follow you first. Provide valuable information about the industry. Post pictures of your business or people enjoying your business. On YouTube, post videos of your business, customer experiences, and encourage customers to make their own. You can also ‘favorite’ other YouTube users’ videos and they will end up on your page. If you’re a small airport, posting cool aerobatic videos of the Patriots’ Jet Team is a possibility that would add value to those who ‘subscribe’ to your page. Also, share those videos on your other accounts such as Twitter, Facebook and even LinkedIn.

FIND FRIENDS AND FOLLOWERS: Twitter and Google+ are easiest. Search keywords to find followers. On Twitter,  If you’re a small airport, for example, search ‘pilot. You can also search ‘flying.’ Searching your town and surrounding areas as well to find key influencers, news outlets, bloggers and city officials. Also, search for large players in your market. For airports, try Boeing, Virgin America, United Airlines and Southwest Airlines. If they share your posts, you have the potential to reach thousands.  I suggest adding just a few people at a time.  On Google+, comment on one of their posts immediately. On Twitter, mention them in a post immediately. You can also comment on one of their posts or simply say that you look forward to following their great content.  If it’s a reporter or blogger, give them story ideas and leads that have nothing to do with your business. Get them to trust you. To find fans on Facebook, it’s best to start with real friends and family. You can also pay as little as $100 to have an ad for your Facebook page syndicate across the network for a designated period of time.

7. ENGAGE FRIENDS AND FOLLOWERS:
Cory Colligan who used to be head of marketing for California Bouquet friended me on Facebook. When she asked to be my friend, she typed a personal message, saying how impressed she was with my work and how she’s enjoyed watching my work evolve. I couldn’t remember where I knew her from. Was it a television station, radio station, or was it from school? I wasn’t sure. I was too embarrassed to ask. And she seemed harmless. So, I confirmed her friend request and wrote her a note back thanking her for her feedback and saying that I look forward to connecting. She proceeded over the next few months to follow my videos and stories. She engaged in great debates and conversation with me as well as my friends. I knew just days after I added her that I didn’t know her personally. But I was so impressed with her and the relationship we’d developed over the months, that when I was traveling to her town, Fresno, I suggested we have lunch. When I arrived she had a full basket of goodies from her shop, including the best dark chocolate covered strawberries I’ve ever tasted, waiting for me. Since then, I have been a regular customer and am quick to share her products on my page.

So, your first priority should be building that relationship with people, not pitching your service or product.

Give them story ideas and leads that have nothing to do with your business.

On Facebook:
Share their links on your wall and/or comment on them. Wish them a Happy Birthday. Birthdays are big on Facebook. Always acknowledge them. Maybe even offer them a discount coupon for a birthday treat via Facebook.

On Twitter:
Retweet their stories and comment on them! Reply to each and every message. Keep the conversation going. Get them to trust you. For example, one of my favorite Twitter followers is @heykim. She is an amazing example of how to do it right. She has thousands of followers. But she has even more friends. She friended thousands of people little by little and engaged with them, retweeting their tweets, commenting on their tweets, checking in on topics those folks had tweeted on days before. Now, she’s constantly in conversation with folks like Morgan Fairchild, Alyssa Milano and Kathy Ireland. Alyssa Milano even just shared a linked @heykim posted tonight about how Twitter has transformed over the last five years. Who would’ve thought? She’s not famous. The key is she knows how to engage. And she never misses a #FF (Follow Friday). On Friday’s many people share with their friends, their favorite people to follow, encouraging others to follow them as well.

Google+: It’s a cross between Facebook and Twitter. It’s great because you can create circles of certain people you want to target for different reasons. It makes it easier to post certain promotions to one group vs. another.LinkedIn: The best way to engage with potential customers is by joining industry groups and starting group discussions.

Very important: Do not ask for help/favors from people until you’re friends or at least warm acquaintances with them. And the #1 way to become friends is to offer tons of help/favors without expecting anything in return. In the words of Michael Ellsberg, Forbes Contributor and Author of “Self-Educated Millionaires: The Seven Skills You’ll Never Learn in College, “Networking is a *long term* activity – it CANNOT be done for short-term results. Follow these basic concepts, and you’ll be ahead of 99.99% of the knuckleheads out there who are botching their networking attempts online!” Also, a great book to read is by Brian Solis, Principal at Altimeter Group, “Engage: The Complete Guide for Brands and Businesses to Build, Cultivate, and Measure Success in the New Web.”

8. STAY CURRENT: Get alerts sent to your phone when folks engage with you via your social networking sites – at least in the beginning – that way you respond quickly.

Please share your tips and tricks that will help small businesses sign-up and use social media. This certainly just scratches the surface. Please share the most creative marketing campaigns via social media in the comment section below.

Is Malaysia's history all about semantics? A lesson on Sept 16!

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ONE MAN'S MEAT By PHILIP GOLINGAI

The debate over when is Malaysia Day, Aug 31 or Sept 16, will continue as there are still differing views. But one thing is certain – there are Malaysians who are very passionate about our history. 
Image via Wikipedia

Last week I had my Zainal Kling moment. In case there are those who are clueless on the recent big issue concerning Malaysia, here’s a summary.

Datuk Prof Dr Zainal Kling of the National Professors Council stirred a historical controversy when he declared that Malaya was never a British colony but only a “protectorate”.

Last week, in this column, I wrote an article titled “A lesson on Sept 16” (see below).

It was a history lesson that the Federation of Malaya, not Malaysia, was created in 1957. And that Sabah and Sarawak did not join Malaysia – they formed the country together with the then Malaya and Singapore on Sept 16, 1963.

That was that, I thought. Until I received brickbats mostly from my fellow Sabahans. Though most comments were good-hearted ribbing, I felt as if I was a snake that bit its own tail.

There were jocular warnings that Sabah will use its special immigration power to bar me from entering my state.

There were also warnings that went for the jugular. I was accused of living in Kuala Lumpur too long.
Factually correct, as I’ve been living in Greater Kuala Lumpur for more than 25 years. But parochially incorrect as you can take Philip out of Sabah, but you can’t take Sabah out of Philip.

And it was as if I did not live through Parti Bersatu Sabah’s ‘Sabah for Sabahans’ political era.

Factually, there was nothing incorrect about my article. It is just that I neglected to mention something that is close to the heart of many Sabahans.

The first brickbat was from a reader who may or may not be a Sabahan or a Sarawakian.

Sonny68mak emailed: “If I recall correctly my history lessons, Sabah, Sarawak and Singapore declared independence on Aug 31, 1963.

“They could not form Malaysia on that day because they were waiting for the official referendum results to be declared by the United Nations which was delayed by Jakarta and Manila’s protests at the UN,” wrote the reader, who could even be a Singaporean.

“So therefore the Borneo states independence was effective Aug 31, 1963. They formed Malaysia on Sept 16 as two-weeks-old independent sovereign states.”

“Please ask your Prof friend to recheck the facts so that the public is not confused.”

Fair comment, I thought. As if I was debating the issue, I would have taken a similar stand.

However, just to show him that I was not a hack, I replied: “Yes, I did check that fact with the Prof.”

“I told him for example, North Borneo gained independence on Aug 31, 1963 so it must have been an independent country,” I wrote.

“He said ‘no’ as even though the British granted independence to North Borneo on that day, it still administrated Sabah.”

As soon as I sent that email, I received an SMS from a Sabahan who is a veteran journalist. Though the timing of his SMS was coincidental, it was as if he sensed my “betrayal” in cyberspace.

The 40-something journalist SMS-ed: “I beg to differ. On Aug 31, 1963, the Union Jack came down and the Sabah flag went up. Sabah and Sarawak were independent nations until Sept 16, 1963. You’re selling propaganda. Ha ha”.

Immediately I called him. And after 30 minutes we agreed that history is about semantics. And, quoting Winston Churchill, “History is written by the victors”.

Then I received a call from a Penangite who is more Sabahan than me. Well, he has lived in Sabah for more than 20 years.

“We can buang negeri (kick you out of Sabah) you!” he said.

“Your article missed the point. You should have written that Sabah was a country before it formed Malaysia! And you should have written that 1/3 of Sabahans wanted to form Malaysia, 1/3 did not want to and 1/3 were undecided.”

“You’ve also missed the point that it was four equal nations (Malaya, Sabah, Sarawak and Singapore) forming the Federation of Malaysia.”

“But, but, but,” I replied. “The point of my article is just to discuss Sept 16.” “No, you missed the point!” he said.

“Do you know that Sept 16 is also Lee Kuan Yew’s birthday?” I said, just to change the topic.

However sharp the comments I received throughout the day, it was delightful to know that 48 years after the fact, Sabahans are still passionate about their history.

Still, it made me feel as if I had sold Labuan to the Feds. Wonder where’s Zainal Kling? I need a hug. And some historical semantics.

A lesson on Sept 16

ONE MAN'S MEAT by PHILIP GOLINGAI

The federation of Malaya, not Malaysia, was created in 1957. Sabah and Sarawak did not join Malaysia – they formed the country together with the then Malaya and Singapore on Sept 16, 1963.

ON AUG 31, I spent my Mer-deka Day holiday tweeting history lessons. I found certain historical inaccuracies on my Twitter timeline as annoying as – to misquote a tweet from @ATM2U – seeing a straight man eat cupcake.

For example, one of Malaysia’s tycoons tweeted: “Independence day for Malaysia today.”

As a Sabahan, I just had to correct him even though he is worth a billion times more than me. So @PhilipGolingai admonished: “Sir, independence day for Malaya. Malaysia was formed on Sept 16, 1963.”

Then someone – not the billionaire – tweeted: “Why Singapore not celebrating Malaya’s Indepen-dence day?” History was definitely not her favourite subject.

I replied: “When Malaya dec-lared Merdeka, Singapore was under the British. On Sept 16, 1963, Singapore, Malaya, Sabah & Sarawak formed Malaysia.”

My colleague @ChiaYingTheStar (Lim Chia Ying) tweeted: “How can a tv station say Happy Birthday to M’sia on Aug 31?? My gosh, no wonder kids can never learn real facts?”

On Merdeka Day, Faridah Stephens, daughter of one of Malaysia’s founding fathers, Tun Fuad Stephens (Sabah Chief Minister), reminded her Peninsu­lar Malaysian friends of our country’s history.

“(Some of) my friends wished Happy 54th Birthday Malaysia. They always say Malaysia. But it is not Malaysia’s independence but Malaya’s,” she lamented.

On Facebook, Faridah watched a video clip of Negaraku sung in Chinese. The rendition was “beautiful” but the ending of the video was a “dampener”.

“Alamak, I thought, when I saw ‘Happy 54th Birthday Malaysia’ at the end,” she said.

How did her friends’ respond to her reminder?  “Some people went quiet,” she said, laughing heartily.
      
Some Malaysians mistake Aug 31 for Malaysia’s birthday, according to Faridah, because “we tend to be West (Peninsular) Malaysia-centric”.

“Many forget that Malaysia did not exist until 1963. Malaysia was not created in 1957. Sabah and Sarawak did not join Malaysia, they formed the country,” she said, adding that “I’m just stating a historical fact.”

To get my historical facts right, I called my old classmate, then a history buff, at La Salle secondary school in Tanjung Aru, Sabah.

“Why are there Malaysians who confuse Hari Merdeka as Malay-sia’s birthday?” I asked Danny Wong Tze Ken, a history professor in Universiti Malaya.

Wong lectured me on the birth of Malaysia. Here’s a summary: On Aug 31, 1957, the Federation of Malaya was established. It was expanded into the Federation of Malaysia on Sept 16, 1963. The country became larger with the inclusion of Singapore, Sarawak and Sabah. And in 1965, Singapore left.

“If you think of the day for independence for Malaysia, then Sept 16, is logical for Sabahans and Sarawakians as that was when both states achieved independence, in 1963. But for the people of Peninsular Malaysia clearly it was Aug 31, 1957, as that was when Tunku Abdul Rahman declared Merdeka,” Wong ex-plained.

“So when is Malaysia’s birthday?” I asked.

“The best answer is to take the case of the United States. Their independence day is July 4, 1776, even though at that time there were only 13 colonies. Although the rest of the United States was incorporated only later, all the 50 states observe July 4 as Indepen-dence Day,” he said.

“So when is Malaysia’s birthday?” I asked again.

“As a newly formed Federation of Malaysia the birthday of Malaysia will be Sept 16 whereas the Independence Day of the country remains on Aug 31,” he said.

Wong said over the years, Sept 16 was no longer celebrated as Malaysia Day.

“In Sabah it was celebrated as the TYT’s (Governor’s) birthday. And Sabahans wondered why that day was then celebrated as the TYT’s birthday and not as Malaysia Day,” he added.

“It was only last year that Sept 16 was declared a public holiday to commemorate the formation of Malaysia.,” the historian said.

So, on Friday, if you are on Twitter, don’t forget to tweet “Happy 48th Birthday Malaysia!”

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Winds of change blowing in Malaysia; Dawn of a new era?

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Winds of change blowing

BEHIND THE HEADLINES  By BUNN NAGARA

THE relief that greeted the Prime Minister’s announcement that the Internal Security Act (ISA) 1960 and other repressive laws would be abolished was difficult to define for several reasons.

First, nobody expected Datuk Seri Najib Tun Razak to have gone so far in throwing off decades of unjust laws. When it happened, it took time to sink in, after more than a generation of having to endure those laws.
Image by KamalSelle via Flickr
Second, mention of two new laws to replace the ISA tempered the plaudits from critical observers. Would that mean returning to square one through a bait-and-switch?

Third, those who had banked on the Government retaining the ISA in some revised form were caught unawares. Regardless of their own views of it, they insisted there would be little change, seeking to vindicate themselves and “save face”.

All these have been efforts to adjust to a new national reality post-ISA. A fourth reaction comes from political opportunism: robbed of their thunder, the Opposition tried to diminish the significance of the Government’s move.

To others, however, the state’s abandonment of these repressive laws is both historic and definitive.
Of all the Governments that had presided over the ISA through the decades, Prime Minister Najib’s has been the one bold enough to do the decent thing of abolishing it.

It is not because this is possible only now since Malaysia no longer needs the ISA, because the country has not needed it for a long time already. Besides, some close to the seat of power still insist such preventive detention laws are needed.

It is untypical of any government to renounce a sweeping law that gives unparalleled powers to it. Dumping the ISA not only took guts, it showed a rare selflessness that placed actual national interest above perceived (by some) national security interest.

Doubts over the two new laws to replace the ISA may be natural but unwarranted. Both laws would relate to Article 149 of the Federal Constitution, which would shift more responsibility on preventive action from the Cabinet to Parliament, with emphasis on any use of these laws against a “substantial body of persons” rather than isolated individuals.

Malaysian parliamentarians have grown more alienated from the ISA than ever, even before the 2008 general election that made an unprecedented number of Opposition candidates MPs. Also, the aversion to draconian laws among Barisan Nasional MPs is far greater than any pro-ISA sentiment among Pakatan Rakyat MPs.

There is therefore no going back to anything like the ISA now. Any return to the spirit, if not the letter, of the ISA can only backfire badly on the Government and discredit it politically.

Until recently, there was the prospect of merely tweaking the ISA. But it soon dawned that simply twiddling the dials of a bad law would not make it good.

The toughest part of the journey towards abolishing the ISA is over. That was not in Parliament, the Opposition or the public, but in places closer to the Government, including some governmental agencies and NGOs.

Activists tempting ISA arrests may want credit for piling on the pressure until its final annulment. However, the opposite is more likely: raucous activism helped to make the ISA seem useful, even indispensable, while also weakening arguments for its abolition.

The authoritarian mentality sees any threat or challenge to the status quo as grounds for using greater force, not less. And such a mindset has hitherto had its hold on the levers of power such as the ISA.

For now, the case remains to be made as to why the two proposed laws are needed, what they should entail, and how their operation can respect civil liberties. Transparency would help public support for them, or at least mitigate any animosity.

The scheduled abolition of the ISA and other repressive laws has meant raised expectations of a new era of civil liberties. Law enforcement and maintenance of public order would then depend more on informed consent than submission or capitulation.

The implications place the ball in the court of key national institutions: Parliament, the judiciary and the police. They need to respond to signal assent, since they stand to benefit.

Parliament should exercise its lawful prerogatives to the fullest extent the political transformation affords. This begins and ends with every parliamentarian acting in his or her legitimate capacity.

The judiciary should assert its constitutional role by acting vigorously in concert with other major national institutions. It should no longer shy from a judicious activism that serves the national interests.

The police stand to gain the most from this push to enhance investigative norms, focus on criminal intent, seek admissible evidence and develop standard operating procedures instead of relying on non-contestable shortcuts like the ISA. Moving away from easy catch-all measures like ISA arrests and detentions can also improve the work ethic and public image of the force.

This aspect of the political transformation is an assurance that Malaysia’s development is also political and social, not just economic. It enables the country to move ahead of others in the region that may be more developed only economically.

For Malaysia itself, it is a large step towards Vision 2020, most of whose nine development objectives are not economic but political and social. No nation aiming to be fully developed can neglect them.

The small-minded may scoff at the transformation Najib announced on Friday. And only the mean-spirited would refuse to give credit for the new direction.

To say all this is mere election fluff ignores the fact that it is neither fluff nor as shortlived as an election campaign. To insist it is only a political move forgets that dismissing it is just as political.

Besides, if the ISA had been initiated and executed for political reasons, it should not be unnatural for its annulment to be so as well.

Dawn of a new era

ON THE BEAT By WONG CHUN WAI

Najib deserves credit for his move to reform some of the country’s most unpopular laws.

IT was the best gift for Malaysians on a special day. It is also a reminder that the nation has grown up and that we should move forward, leaving our baggage behind.

In a nutshell, the Prime Minister has stepped out of the shadows of his predecessors. It is a major step into the future. Datuk Seri Najib Tun Razak couldn’t have chosen a better day to make the announcement to do away with some of the country’s most unpopular laws.

It surely has not been easy. When bits of news filtered out about his Malaysia Day speech, there were doubts as to how far he would go.

Those who were privy to inner-circle discussions on how the speech would be crafted crossed their fingers and hoped there would be no last minute changes.

After all, as a politician, the Prime Minister has to balance the needs of the conservatives, right wingers and liberals within his party and also the Barisan Nasional coalition.

The PM understands fully how much the world has changed. The global political landscape has been altered drastically and the lessons to learn are that if leaders cannot change, the people will change them. There is plenty to learn from history, some very recent too.

The more conservative in Umno are still grappling with the changes, preferring to hold on to something which they are familiar and comfortable with. They are trying hard to understand where Najib is taking Malaysia to.

The younger ones, while looking apprehensively at the lack of changes in Umno, have tried hard to push, worried that the country’s ruling party could be losing its connection with the Twitter and Facebook generation. It’s not wrong to say that the PM has been watching, listening and feeling it all over the last three years.

On Aug 28, this scribe wrote that Najib’s call for greater democratic space, including doing away with censorship laws and setting up a Parliamentary Select Committee to review electoral laws, was just a prelude to his address on Sept 16.

I wrote that “it is almost certain that he will expand on democratic reforms with an outline of the changes he wants to implement in Malaysia. It won’t be promises but changes that would be set out in black and white.

“The fresh democratic reforms will surprise even his critics, particularly those who are pushing for a greater civil society.

“In short, the new democracy that he wants to see would recognise the calls by Malaysians. It is the Middle Malaysia that he wants to address. He will say that yes, he hears these voices.”

But even this writer was surprised at how far he was prepared to push. I dared not commit myself to put into words that he would repeal the Internal Security Act, but Najib has proven his doubters and critics wrong. He proved that he walked the talk.

As expected, everyone is trying to claim credit for the changes. The Opposition, still reeling from the shock, has said these would not have happened without their pressure and protests.

Then there are the usual cynics.

I think the point is this: It does not matter who is right, but what is right. It does not matter who did it, so long as the right thing gets done. Malaysians cannot be partisan on issues that affect us all.

Najib deserves credit for having the courage to take the bold steps. His New Democracy thrust is certain to continue.

The ISA will be repealed, no one should even doubt it anymore. An Anti-Terrorism Act – specifically for terrorists and not for political opponents, as in Britain and the United States – is likely to take over.

The Police Act would be redefined and possibly the right to assemble, which could be made clearer by designating places, time and how gatherings should be done.

An example to look at is Hong Kong, where night protests are directed to specific roads that would have little impact on businesses. Even then, gatherings are allowed on only one side of the road so that traffic can continue to flow on the other side.

In New York, there is a designated spot not far from the United Nations building for protest gatherings. A spot could be set up not far from the Parliament for similar purposes.

As in football matches in Britain, where police resources are used to safeguard public safety, organisers of protest gatherings in stadiums could be asked to put up deposits for police security and possible damages.

But the Printing Presses and Publications Act is still a thorn on the side for the media. Najib has taken the first step to abolishing this much hated law by allowing a one-off permit without the requirement for annual renewal. The Government must commit itself to a total abolishment, however.

An independent media council to be run by editors will finally be formed after 54 years of independence, and repealing the law would certainly be on the agenda of journalists. After all, no one needs a permit to start a blog or an online news portal, so why impose a permit for print?

The reforms have left a feel-good feeling but the Prime Minister has to follow up with an equally impactful Budget speech. All these reforms are good but they won’t put food on our tables.

Ordinary Malaysians are worried about the rising cost of living and middle income Malaysians are hit the most by monthly tax deductions.

In the rural areas of Sabah and Sarawak, where food and fuel need to be transported into the interior, the costs are even more enormous.

Malaysians want to hear how the Government intends to help them face the economic uncertainties, the spiralling cost of food and how to be confident about the future.

Malaysians are not expecting their Government to adopt a populist approach of promising the sun and the moon, which will bankrupt the nation. But they want the Government to be equally responsible in sharing the burden by cutting out excessive financial waste and leaks.

Najib’s challenge would be to balance the budget in the face of a slowing economy and at the same time appease the people ahead of a general election.

The Budget Speech is on Oct 7. Can Malaysians expect the Big Day to be soon after the PM has announced his economic plans for the country?

Related posts:
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Up Close and Personal with Steve Forbes

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By TEE LIN SAY and JOHN LOH starbiz@thestar.com.my

BORN: July 18, 1947
MARITAL STATUS: Married with 5 daughters.
Just celebrated his 40 th anniversary
HIGHEST QUALIFICATION: B.A in History from
Princet on in 1970
CAREER: Editor-In-chief of Forbes media,
president and CEO of Forbes Inc
FAVOURITE FOOD: Lamb chop, french fries
and cheese burgers. All the things that are bad!
FAVOURITE PLACE: Bicycle riding and
collecting letters and original manuscripts from
Winston Churchill, among others.
RELIGION: Presbyterian
POLITICAL PARTY: Republican

STEVE Forbes probably knows of the familiar Chinese saying that wealth does not pass three generations. Whether he believes it or not, given the onslaught traditional media have been facing in recent years, one wonders if that ominous saying has more than a tinge of truth to it.

He has grounds to be worried, though. The Forbes family business is now into its third generation. The publishing business was started by B.C. Forbes who then handed it over to his son Malcom Forbes and is currently under the stewardship of Steve Forbes.

Judging by the statistics, Forbes is taking on the proverb head on.

The company's flagship publication, Forbes, is the United States' leading business magazine with a circulation of more than 900,000. Forbes, Forbes Asia and the company's licensee editions together reach a worldwide audience of more than six million readers. The circulation of Forbes' international editions is 590,500.

“The tools have changed tremendously because of the Web. However, the purpose remains the same. We were the early embracers of the Web, and we did not confuse purpose and method. That is why in the United States there is no magazine that has done as well as ours on the Web,” said Forbes.

“It is because of this that we are able to put out more content. Ninety-eight per cent of our content doesn't appear in our magazine. Our early embrace of the Web has resulted in us having 20 million unique visitors a month and the number is growing in terms of usage. Our affiliated sites receive five million to six million visitors,” says Forbes.



Apart from having its own staff of journalists, Forbes also has 800 contributors for its website chosen by its channel contributors.

“No one is doing it on a scale as we are. The bottom line is, we believe the entrepreneurial class is growing around the world. That's what people want to know. The Web has enabled us to do things with more versatility and flexibility,” says Forbes.

On Money

Though born into money in Morristown, New Jersey, Forbes displayed from an early age that ink did run through his veins as he showed an aptitude to run a publishing business.

Graduated cum laude in 1966 from Brooks School, Massachusetts, Forbes, while studying at Princeton, founded his first magazine, Business Today, with two other students. Business Today is currently the largest student-run magazine in the world.

When asked what he loves more journalism or business and investing Forbes simply says he loves both but is quick to note that money is not everything.

“It is an effort for reward. It is a means of doing transactions. It is a facilitator and gives us the ability to invest for the future. Money puts things in a proper perspective,” he muses.

His first memory of money was as a small boy who never had enough allowance for toys and candies. Forbes had to complete his chores to earn money.

Image via Wikipedia

“So, my effort for reward was established at a fairly young age. To get money, you have to meet the needs and wants of other people. Sometimes you have to give them things they didn't know they wanted. The key thing is creativity. Money doesn't just come to you,” he says.

He believes, though, that people have to invest. That is key.

“If you look around the world today, there are great equity opportunities. It is precisely in terrible times like these that you can get enormous bargains.”

He adds that the time to get into the market is when everyone is getting out. “You do it when the clouds and storms are there. When the storm is gone, everyone will see what you saw,” says Forbes.

He cites the period between the late 1970s and the early 1980s when the global economy was in a troubled state. It started to sputter and then recovered in the late eighties. Between the 1990s and and the early part of the 21st century, the Dow Jones Industrial Average had grown 15-fold.

“The wealth of the world has increased. We've had great advances in technology and what's holding us back is the convulsions and distortions in the US dollar. I think when we get a new president, that will change. If we can get through the next one-and-a-half years, I think reforms will be made and better times are coming,” he said.

On Europe's debt problems, Forbes says Europe's woes will persist in the short term especially if the Europeans continue with their “incompetencies in handling the crisis”.

“Europe should be doing what we did in the United States in 2008. They should be having their own Troubled Asset Relieve Programme. If necessary, pump capital into banks. That is why they bail out countries like Greece, not because Greece is important, but because their banks are holding Greek papers and bonds. Hence, Europe has to focus on shoring up its capital,” he said.

He believes though that the axe would have to fall on some of Europe's banks and that Europe needs to have a programme where it does not let the good banks go down with the bad.

“Europe has to restructure its debts, instead of pretending Greece can pay those loans. They cannot. Restructure the debts. Don't just focus on austerity. You also focus on growth to make sure the economy grows again. Greece is now increasing taxes, which is the dumbest thing you could do. They should reform tax code, put in the flat tax. They should also make it easier to set up businesses in Greece,” he argues.

Principles in life

Forbes says an important thing in life is to have an ability to distinguish between what is right and what is wrong, and he has three “F” principles faith, family and friends to maintain an everyday balance.

“The best thing was to have parents who already owned a successful business. My father used to say that nepotism doesn't matter as long as you keep it within the family!” Forbes says with a laugh.

“In my workplace, I am blessed to be in an area where I have always wanted to be in. It must be in the genes. When I was in school, I turned out newsheets for my classmates. I also graded my teachers. I thought, if they can give me grades, why can't I grade them too? That only lasted once!” he jokes.

Forbes likes riding his bicycle and has done trips to various parts of the world with groups of people. He likes London, Paris and various places in Italy. In Asia, he likes the coastal cities in China and some in the interior as he can feel the growth and energy there. He is amazed by what Singapore has done.

His hobbies include collecting old letters and manuscripts of noteworthy individuals Sir Winston Churchill and the writings of obscure British writer John Goldsworthy.

For young entrepreneurs, Forbes has one advice: focus on value adding. The focus should be on providing something people want, or did not know they wanted before.

“You can find it even in the most common areas. Take Starbucks coffee, for instance. Everyone drinks coffee. Anyone can make it and grow it. They still serve it for free on the airlines and yet, how did Starbucks do so well? They did it differently, serving up the Viennese coffee experience,” explains Forbes.

On his political ideologies

Forbes has no qualms voicing his disapproval of US President Barack Obama. Forbes would like to see a new president who can deliver true economic growth and a stable dollar. He says the problem of the weak dollar, which started under George W. Bush, was compounded by Obama.

“We should be in a recovery by now, but instead we are like an automobile going at 10km per hour. We should be going at 120kph,” says Forbes.

Some of Obama's measures that he doesn't agree with include the binge spending and the healthcare bill.

“The healthcare bill is a disaster, which will be repealed in 2013 when the new president comes in. Obama's massive regulations are crushing the banks. And his regulations on energy he is very anti-coal, very anti everything except for windmills, which is a very medieval technology. He has not reformed the tax codes and wants to raise taxes,” says Forbes.

On Obama's recent job stimulus package, Forbes says this is spending money the United States does not have.

“Governments do not create jobs. Entrepreneurs do. He does not understand that,” says Forbes.

For his pick for president, Forbes is leaning towards Republican Governor Rick Perry. He likes Perry's record as Governor of Texas and his success in creating jobs.

“He did not raise taxes, kept the budget under control and has also put in reforms,” says Forbes.

In 1996 and 2000, Forbes campaigned vigorously for the Republican nomination for the presidency.

On why he ran twice as a presidential candidate, Forbes felt there was a vacuum in the field of candidates as more opportunities should be given the people. And his experience from that? “Its more fun to win than to lose!”

Over the next five to 10 years, Forbes hopes to be doing more of what he is doing today, which is trying to influence positive policies to enable his country and the world to grow.

America’s Vanishing Middle Class

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E.D. Kain, Contributor




Any analysis of wages earned in prior decades and wages earned today needs to take into account the fact that a lot of non-white-males have entered the workforce. Still, these are troubling numbers from John Cassidy of The New Yorker:

Median earnings for full-time, year-round male workers: 2010—$47,715; 1972—$47,550. That not a typo. In thirty-eight years, the annual earnings of the typical male worker, adjusted to 2010 dollars, have risen by $165, or $3.17 a week.

If you do the comparison with 1973 it is even worse. The figure for median earnings of full-time male workers in that year (when O. J. rushed two thousand yards and Tony Orlando had a chart-topper with “Tie a Yellow Ribbon Round the Old Oak Tree”) was $49,065. Between now and then, Archie Bunker and Willie Loman have suffered a pay cut of more than twenty-five dollars a week.

Now check out this chart from Mother Jones:


The gap is only growing wider, and the structural issues at the heart of the gap are becoming more entrenched in this current recession. The problem isn’t with income inequality per se. There will always be income inequality, and that’s not necessarily a bad thing so long as the people at the bottom aren’t living in poverty. The problem is that you reach a certain point where income inequality becomes a destabilizing force both economically and politically.




And while a number of consumer goods have gotten cheaper over the years – like personal computers and all the stuff you can waste time with online – important and essential items like healthcare have gotten much, much more expensive:



Now we can quibble about why costs have risen so much, and really there’s a number of reasons. If you want an in-depth look at those reasons, you should read Aaron Carroll’s series on health costs. One way or another we’re talking about a major expense for middle and working class people, and that’s on top of growing education and housing costs. The big essentials are breaking the bank for many Americans, even if we can afford refrigerators and flat screen televisions.

Does this mean we need more regulation or less? Does it mean we need higher taxes and more redistribution? I would propose a grand bargain along these lines:

• Let’s deregulate the economy as much as possible, eliminating barriers to entry from as many fields as possible, and allowing the DIY economy to flourish. This includes a bunch of supply side stuff in the health sector.
• Let’s do away with the corporate income tax altogether to encourage domestic investment, especially since this tax is just passed along to consumers.
• Let’s reform the progressive tax code to be way more progressive – especially on the top tiers. The top earners in this country can afford to spread the wealth around.
• Let’s get rid of Medicare, Medicaid, and the ACA and replace them with straight-up single payer health insurance for everyone. Simplify and save money in the process. Take the burden off of employers.
• Let’s let markets do their thing and public options do theirs. We don’t need Romney’s “unemployment accounts” – unemployment insurance works just fine. I’d be more sanguine about private savings accounts if markets weren’t so prone to crashing, but as it stands Social Security just needs some tinkering to be perfectly sustainable.
• We should invest more in our public institutions, from schools to universities to public libraries. We should also invest a lot in our public infrastructure, and we should use higher fossil fuel taxes to make those investments.

That’s a broad sketch – and I do mean sketch – of my basic blueprint for market-social-democracy (or something like it). Less government in how we actually interact with people, whether that’s running a business out of our home or smoking marijuana, coupled with a more focused public sector geared toward providing basic services (transit, healthcare, education, etc.).

Oh, and quit spending nearly a trillion dollars a year on war. Keep those dollars here in America and put them to better use. We can defend our country just fine without getting our nose in everybody else’s business.

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Asian wealth to triple by 2015

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By JOHN LOH  johnloh@thestar.com.my

Boom seen coming from property, manufacturing, commodity sectors

KUALA LUMPUR: The wealth in Asia will triple by 2015 to US$15.8 trillion, according to the findings of the recently-published Asia Wealth Report by private Swiss bank Julius Baer.

The report, done in collaboration with brokerage and investment group CLSA, also estimates that the current 1.15 million high net worth individuals (HNWI) across Asia will double to 2.82 million by 2015.

China alone is estimated to hold 55.4% of this wealth in 2015 and will have 49.6% of the total HNWI.
In 2011 and 2012, China and India are forecast to contribute to over 40% of global gross domestic product (GDP).

The report was commissioned with the aim of investigating the key drivers of wealth creation in the Asia Pacific region and the future size of the HNWI market by country.

Speaking to StarBizWeek at the sidelines of the Forbes Global CEO Conference, Julius Baer Asia CEO Dr Thomas Meier said the wealth would come from a diverse spectrum of industries, primarily property, manufacturing (for fast-moving consumer goods and information technology) and commodities (palm oil and coal).



In terms of the investment portfolios of the HNWI in the study, Meier said they noticed a trend of high allocation of equity holdings, which would appear to run counter to the current pessimism in global stock markets.

He said equity investments were recommended, adding that the bank's optionality products capitalised on the volatility of the stock market and allowed investors to enter at attractive prices.

On whether Asia's growth was sustainable, Meier said: “We believe the economic fundamentals of Asia are strong and robust, and this will eventually translate to wealth creation. We are not in a bubble the growth of Asia was a normal evolution process.”

When asked if Asia's boom would eventually sputter out, Meier said the economy was indeed cyclical, but noted that “this is the decade for Asia, and in this current global scenario, we believe Asia has the potential to absorb any shocks to the world economy.”

Julius Baer Singapore CEO David Lim, who was present at the interview, added: “Asia's fundamentals were not developed overnight, and it will not change overnight. It has been an accretive process over the years, and that is why we claim it to be sustainable.”

Malaysia was part of the study as well, and the report found that by 2015, the country's HNWI should increase to 68,000 from 32,000 currently, while the stock of wealth would grow to US$330bil from US$142bil.

Lim said Malaysia could maintain positive GDP growth through to 2015, external factors notwithstanding.
Key for Malaysia's continued growth, he said, was to ensure sustainable GDP growth, keep its focus on the new economic areas set by the Government, and maintain a stable currency.

Competitiveness should be increased by improving productivity, and not by devaluing the currency, he added.

Of note also is the forecast that Indonesia will have the highest growth rate, vis-a-vis its Asian neighbours, in terms of the number of HNWI over the five-year period with 25%, rising to 99,000 with a total wealth of US$487mil.

Switzerland-listed Julius Baer, whose origins dating back to 1890, is a private banking group which focuses on servicing and advising private clients.

The Millenium generation and the challenge for social stability

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THINK ASIAN By ANDREW SHENG

AS we enter into autumn, 2011 is turning out to be quite a year. Who would have thought that the immolation of a jobless Tunisian graduate in December 2010 would have sparked off the Arab Spring, with uprisings in North Africa and Middle East and now a variant has appeared in Britain?

Other than the social unrest fermented by unemployed youth upset with government corruption and inability to create jobs, the common element was the use of the social media. Even the Chinese high speed train crash in Wenzhou sparked off microblogging that spread the news faster than before. Twitter, Facebook, Google and mobile phone texting have changed the nature of news transmission and the whole governance structure globally.
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Human behaviour reacts to new information, hence our obsession with breaking news. We need information to plan, respond and act.

Traditionally, the control of news and information was confined to a relatively small number of powerful newspaper groups around the world or government media. Radio and television changed the game, but the information was essentially one way. News feed meant news was fed to the consumer. Advertising was about promoting products and services and conveying information to the user.

Society became concerned about the use and misuse of information, hence the intense debate about control of media and freedom of information.



With the arrival of the Internet and social media technology, information became two-way. Two simultaneous events happened with the arrival of social media, both of which are totally new and not fully understood.

First, information became available, faster and more comprehensive to more people than ever thought possible. Papers like the News of the World were considered successful if they sold more than one million copies daily. A successful book would sell 100,000.

However, today, there are five billion mobile phones in use, compared with just over six billion people. More and more people everywhere are connected to the Internet. Every month more than 30 billion pieces of content are shared on Facebook. Twitter can reach millions instantaneously.

Second, because millions of people can receive news simultaneously, they can react synchronously. This is the rise of flash news and flash mobs. The news feedback mechanism has moved from months to nano-seconds.

Governments which had time to react to news, now have no time at all to understand and respond to instant public opinion or even sudden appearance of thousands on social protest.

When someone rich and famous like Dominique Strauss-Kahn was arrested, there was almost instant decision on the Web whether he was guilty or not.

In the past, legal justice could have the pretense that the jury should not be biased by newspaper comment. Today, there are no “clean” decisions everyone is affected by the public opinion.

There are several serious implications for the media industry and social governance.

In economic terms, the traditional print media is suffering in the advanced countries. The good news is that print media is still growing in the emerging markets, as less access to Internet and a rising young population look voraciously for news.

More and more people are turning to instant news on their mobile phone and the Web. The bad news is that with instant news are instant judgements Like or Do Not Like. The fates of major social events are no longer judged by Royal Commissions of Inquiry, but by 140 character limit of news transfer by Twitter or other micro-blogs.

The events and responses of daily life are now black and white, demanding instant solution, not complex matters of grey requiring careful analysis and cautious response.

Thus, in many ways, the world has moved into a multi-dimensional complex transformation, facing simultaneously forces of demographics (more and more younger people and at the same time ageing people), urbanisation, industrial transformation, dramatic technology advances and the visible effects of climate warming and natural disasters.

Hence, mankind is facing changes in the natural environment even as we are confronting massive social change. But the most profound change is the great divide in the inter-generational understanding of each other.

The baby boomers of my generation marched in the streets in 1968 to demand greater social equality, including gender and racial equality. We were less than 5% of our age group who went to university. We were an elite.

Today, the baby boomers (those born after World War II) are beginning to retire. They have become the establishment.

University or tertiary education has become much more broad-based. More than half the population of the world is under the age of 21. The protesters in the Arab Spring or the rioters in Britain represent a generation different from their political leaders.

The new generation has largely grown up not in an age of war, but in an age of global peace. But the biggest challenge for social stability is the challenge of jobs for Gen Y or the Millenium generation, people born around the turn of the century.

In China, there is general acceptance of the fact the post 1980 generation (after the implementation of the one-child policy) has social behaviour different from those when families were multi-children.

In the next 15 years, more than 700 million young people will enter the labour force, of whom 300 million will come from Asia.

Already, the International Labour Organisation estimates that there are roughly 100 million unemployed people in Asia, before the global financial crisis.

If we cannot create enough jobs despite massive fiscal deficits and industrial restructuring, expect more social disruption from the new generation.

Andrew Sheng is president of the Fung Global Institute.

Malaysia to relax strict security laws; a right move, a new dawn beckons; Thumbs up for ISA move!

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Malaysia to relax strict security laws

Eileen Ng AP

Malaysia plans to abolish two unpopular security laws allowing detention without trial and relax other measures curbing the media and the right to free assembly, Prime Minister Najib Razak says.

Video: http://bcove.me/pke9h9mj
PM announces repeal of ISA, three Emergency proclamations.

Prime Minister Datuk Seri Najib Tun Razak announced on Thursday that several draconian laws including the ISA and the three Emergency proclamations are to be repealed under major civil liberty reforms.

The policy changes are the boldest announced by Najib since he took the helm in April 2009 and are seen as a move to bolster support for his ruling coalition ahead of general elections, which are not due until 2013 but are widely expected next year.

Najib says heading toward a more open democracy is risky but crucial for his government's survival.



Malaysia plans to abolish two unpopular security laws allowing detention without trial and relax other measures curbing the media and the right to free assembly, Prime Minister Najib Razak says.

The policy changes are the boldest announced by Najib since he took the helm in April 2009 and are seen as a move to bolster support for his ruling coalition ahead of general elections, which are not due until 2013 but are widely expected next year.

Najib says heading toward a more open democracy is risky but crucial for his government's survival.

"There may be short-term pain for me politically, but in the long-term the changes I am announcing tonight will ensure a brighter, more prosperous future for all Malaysians," Najib said in a nationally televised speech on Thursday.

Critics who have long accused the government of using the security laws to stifle dissent cautiously welcomed the announcement but said they would have to wait to see what the measures are replaced with before assessing the reforms.

Lim Kit Siang, who heads the opposition Democratic Action Party, said he wondered if Najib's move was an election ploy.

"We see this as a victory of the people in demanding for greater democracy and respect of human rights, but the question is will he walk the talk?" Lim said.

Najib said the colonial-era Internal Security Act and the Emergency Ordinance, which allow indefinite detention without trial, would be abolished and replaced with new anti-terrorism laws that would ensure that fundamental rights of suspects are protected. He pledged that no individuals would be detained for their political ideologies.

Najib said police laws would also be amended to allow freedom of assembly according to international norms.

The government will also do away with the need for annual printing and publishing licenses, giving more freedom to media groups, he said.

"It is time for Malaysians to move forward with new hope," he said. "Let there be no doubt that the Malaysia we are creating is a Malaysia which has a functional and inclusive democracy."

The prime minister's speech was to mark Friday's anniversary of the 1963 union of peninsula Malaysia with Sabah and Sarawak states on Borneo, six years after the country's independence from British rule.

Najib's National Front has been working to regain public support after suffering its worst performance in 2008 polls, when opposition leader Anwar Ibrahim's alliance wrested more than one-third of Parliament's seats amid public allegations of government corruption and racial discrimination.

The National Front's popularity recently took a dip after authorities arrested more than 1600 demonstrators and used tear gas and water cannons against at least 20,000 people who marched for electoral reforms in Kuala Lumpur on July 9.

Syed Ibrahim Syed Noh, who heads the Abolish ISA Movement, asked if the two new laws to be introduced would also provide for detention without trial.

He estimated there are still some 30 people held under the ISA and another 6000 under the Emergency Ordinance, and called for their immediate release.

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Najib announces major changes in controversial laws as Malaysia Day gifts

KUALA LUMPUR: Malaysians received a significant Malaysia Day present in the form of greater civil liberties and democratic reforms under sweeping changes announced by Prime Minister Datuk Seri Najib Tun Razak.

Saying that the country is evolving and the people wanted more freedom, Najib outlined the historic announcement in his Malaysia Day eve address that was telecast live on TV.

The changes, he stressed, were to accommodate and realise a mature, modern and functioning democracy; to preserve public order, enhance civil liberty and maintain racial harmony.

All these changes will need to be tabled in Parliament.

Six of the best

>The Internal Security Act (ISA) 1960 will be repealed.

- In its place, two new laws will be enacted to safeguard peace and order the detention period will be reduced and can only be extended by the courts, except in cases involving terrorism.

>Three remaining emergency proclamations to be lifted are:
- Emergency 1969, Emergency 1966 (Sarawak) and Emergency 1977 (Kelantan).

>Banishment Act 1959 will also be repealed.

>The annual licence renewal requirement for newspapers and publications will be replaced with a one-off permit by reviewing the Printing Presses and Publications Act 1984.

>Reviewing the Restricted Residence Act 1933.

>Allowing greater freedom to assemble by reviewing Section 27 of the Police Act 1967 by taking into consideration Article 10 of the Federal Constitution which guarantees every citizen with the right to freedom of speech and assembly

A New Dawn beckons

REFLECTING ON THE LAW  By Shad Saleem Faruq iwww.thestar.com.my

The Prime Minister’s announcement on a number of changes to the country’s laws, including ending the Emergency, will have massive positive implications.

 

THE Prime Minister’s speech last night evoked the kind of hope and exhilaration I felt many decades ago on August 28, 1963, when I heard American civil rights leader Martin Luther King, Jr. deliver his “I have a dream” speech at the steps of Lincoln Memorial, Washington DC.

The Prime Minister pointed to a number of changes that he intends to bring to the country. Many of these proposals will have massive positive implications for the country’s legal system, its administration of justice and the sovereignty of law over personal discretion. He promised that:

•  The emergency proclamations that are in operation will be presented to Parliament for annulment;

•  The Internal Security Act will be repealed but replaced with two security laws framed under the Constitution’s anti-subversion provision of Article 149;

•  The Restricted Residence Act and the Banishment Act will be brought to an end; and

•  The much-criticised Printing Presses and Publications Act will be amended.

It will take some time and considerable research to fathom the full implications of the above pronouncements. Needless to say, the impact on the legal life of the community, the rights of the citizens, the powers of the Home Minister and the Police will be monumental.

The Rule of Law will be strengthened and the days of the omnipotence of the Government will come to an end. Looking at the implications of the lifting of the Emergency, the following salient features of emergency laws must be noted:

Ordinary legal system eclipsed: Under Article 150, once a proclamation of emergency by the Yang di-Pertuan Agong is gazetted, the floodgates are lifted and legislative powers of Parliament are greatly broadened. Parliament can make laws that violate, suspend or bypass any constitutional provision except six items in Article 150(6A).

All fundamental rights except freedom of religion can be violated. The federal-state division of powers can be disturbed and state powers usurped.

Emergency laws do not require a two-thirds majority. Neither do they require the consent of the Conference of Rulers or the Yang di-Pertua Negeri of Sabah and Sarawak.

Judicial review on constitutional grounds is ousted because of Article 150(6).An emergency law has no time limit and can continue as long as the emergency lasts.

Malaysia has been under such a state of emergency continuously since 1964. For all practical purposes, an emergency legal system eclipsed the ordinary legal system for the last 47 years.

The King’s power to make laws: As with the powers of Parliament, the powers of the federal executive are immensely enlarged during an emergency.

The Yang di-Pertuan Agong acquires plenary and parallel ordinance-making powers under Article 150(2B) as long as the two houses of Parliament are not sitting concurrently.

The executive’s power of ordinance-making is as large as Parliament’s power of legislation. The entire Constitution can be suspended except for six topics in Article 150(6A).

Since 1964, the Yang di-Pertuan Agong has promulgated nearly 92 emergency ordinances. Among these is the Emergency, Public Order and Prevention of Crime Ordinance, which is a favourite with the police and which results in more preventive detentions than even the Internal Security Act.

Executive power to give instructions: Under Article 150, the Federal Government acquires powers to give directions to the states in contradiction with the meticulous federal-state division of powers. If the emergency proclamations are repealed, what effect will that have on the legal system?

Restoration of normal laws: If the two proclamations of national emergency in 1964 and 1969 are repealed, the country will return to the normal operation of the constitutional system.

The five or so emergency laws made by Parliament under the authority of these proclamations will cease to operate. Any detention under these laws will have to be terminated.

Emergency ordinances will end: As with the emergency laws enacted by Parliament, the 90 or so emergency ordinances promulgated by the Yang di-Pertuan Agong (and the hundreds of subsidiary laws made thereunder) will also cease operation.

However, the cessation of emergency laws is not immediate. Under Article 150(7), there is a grace period of six months during which the emergency laws may still continue to operate. Once the six months expire, the expiry of the laws is automatic and no individual repeal is necessary. However, no action (e.g. for damages) can be taken for anything validly done under previous laws.

Some may wonder whether the Yang di-Pertuan Agong, in his discretion, may refuse the Prime Minister’s advice to restore the Rule of Law and to lift the proclamations of emergencies?In a long line of other cases, it has been held that emergency rule does not alter the position of the Yang di-Pertuan Agong as a constitutional monarch bound to act on advice.

The case of PP v Mohd Amin Mohd Razali (2000) altered the law slightly: it held that during the dissolution of Parliament, the Yang di-Pertuan Agong is not bound by the caretaker government’s advice on emergency matters.

Amin is, of course, not relevant to the Prime Minister’s speech last night because Parliament is not under dissolution and the Prime Minister’s advice is binding on the King.

Judicial review strengthened: The lifting of the Emergency will remove the eclipse of ordinary laws. The possibility of judicial review of executive and legislative measures will be enhanced. Many human rights will be restored.

The demise of hundreds of emergency laws, some conferring preventive detention powers and others excluding due process, will be a defining moment for Malaysian democracy.

However, the euphoria that is bound to be felt as a result of these wholesome developments must be tempered with caution.

New proclamations: The lifting of the 1964 and 1969 emergencies does not prevent the re-issuing of a new proclamation of emergency and the promulgation of new emergency Acts and ordinances, if circumstances so demand.

Subversion laws stay: Even if the Emergency is lifted, Parliament is still armed with anti-subversion powers under Article 149. New security laws under Article 149 have been suggested by the Prime Minister. Existing laws like the Dangerous Drugs Preventive Measures Act will not be affected by the lifting of the Emergency unless the Government sets about to apply the reformative paint brush to them as well.

Police Act remains: Controversial ordinary laws like the Police Act, the Official Secrets Act and the Universities & University Colleges Act will remain in the statute book though, of course, they will face pressure to accommodate the spirit of the times.

Some may, therefore, regard the lifting of the Emergency as merely a cosmetic measure because Articles 149 and 150 still arm the Government and Parliament with massive power to suspend constitutional guarantees.

Such a perspective is unduly cynical. It amounts to an all-or-nothing attitude. Whatever reforms are adopted and implemented must be welcomed. They may be harbingers of new things to come. They will certainly set a new mood and may be the catalyst and impetus for further improvements to the human rights scene.

A government receptive to the lifting of the Emergency cannot be indifferent to improving the situation of laws under Article 149.

All in all, one must applaud the Prime Minister’s courage, his willingness to listen to the voice of the people, his receptiveness to the felt necessities of the times, and his exhilarating agenda for reform.

The Attorney-General’s office also deserves congratulations for advising the Prime Minister on the incongruence between the rule of law and the state of emergency lasting 47 years.

So, let September 16, 2011 go down in our history as “a joyous daybreak” to end the long night of the Emergency.

Datuk  Prof.Shad Saleem Faruqi is Emeritus Professor of Law at UiTM and Visiting Professor at USM.

Thumbs up for ISA move

PETALING JAYA: The repeal of the Internal Security Act (ISA) is “a breath of fresh air,” said DAP national chairman Karpal Singh.

He also called for the abolishment of the Sedition Act.

“Why is the Sedition Act, enacted by the British in 1948, not one of the laws to be repealed?”

He said this Act was a draconian law which “did not enhance the democratic process”.

He was responding to the Malaysia Day announcement by Prime Minister Datuk Seri Najib Tun Razak regarding the repeal of the ISA.

In its place, Najib said two anti-terror laws would be drawn up to deal with terrorists, violent criminals and subversive elements.

DAP adviser Lim Kit Siang said the Najib administration should “really walk the talk” in providing greater civil liberties.

He said the promised reforms were “proposals” at the moment, adding that he “cautiously welcomed” the move to repeal the ISA.

He would observe the details of the alternative laws drawn up to replace it, he added.

PKR deputy president Azmin Ali suggested that a national consultative council be set up to deliberate on the two new anti-terror laws.

He also recommended that members of the council comprised representatives from the Government, Opposition and non-governmental organisations.

Azmin also urged the Government to release all ISA detainees or bring them to court.

Perkasa secretary-general Syed Hassan Syed Ali said its supreme council would meet tomorrow to discuss the changes.

“We will study why the Government decided to abolish these Acts and see whether it was made for political reasons or for the good of the citizens and country,” he said in a statement here yesterday.

Penang Chief Minister Lim Guan Eng said he was disappointed that the Printing Presses and Publications Act 1984 would not be abolished.

“The only part amended is the Section on publications that will no longer need to renew their printing licences annually.

“The other one for printing false news has been retained,” said the DAP secretary-general.

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Najib: Not too early or too late for initiatives to be introduced
The Laws in Question
Hisham: All about the right balance
Move to repeal laws welcomed
What they say
Lawyers, activists hope changes are made fast
Two new laws to replace Internal Security Act
Best piece of news for editors
No more annual licence renewal for newspapers
Newspapers form press council
A joyous daybreak beckons
Make no mistake, these transformations are real