End the lawyers' monopoly on conveyancing in Malaysia

End the conveyancing monopoly

Lawyers set outrageous fees despite the fact that the work done does not involve additional skill.

WHEN I started my legal practice many years ago, it was quite common for lawyers to give discounts on fees chargeable for conveyancing and loan transactions. In fact, some of us charged time costs to clients because the work was quite straightforward (even if the sums involved were large).

In those days, there was already a no-discount rule. The legal fraternity then was more realistic and the Bar Council was lenient when it came to the amount of fees we could charge: no one would be liable for disciplinary action for not following scaled fees, and breaches were more frequent than observance. Those were happy days.

By and large, conveyancing and loan documentation for financial institutions are straightforward matters. They usually involve standard terms that lawyers use on a daily basis without much effort (though some lawyers might dispute this).

Conveyancing fees are what we call “easy money” – clerks do all the work and lawyers collect their fees for signing on the right pages. The higher the value of the property, or the value of the bank loan, the higher the fee.

I have never thought it right to charge high fees on this basis; after all, high-value residential property transacted in Ampang, for example, requires the same work and skill as that of lower-valued property in Klang, so why should there be a difference in fees?

The fact is that the scaled fees mandated by the Bar Council favour the lawyer who undertakes larger property transactions – but why this is so can be difficult to understand, and I suggest you read Michael Joseph’s Conveyancing Fraud, which was first published in 1989.

Joseph was an English solicitor who did his part to expose the arbitrary and unfair system by which the Law Society of England and Wales (the governing body for solicitors) set outrageous fees despite the fact that the work done had no relation to any additional skill.

Ultimately, good sense prevailed and solicitors lost their monopoly over conveyancing in England and Wales. A new breed of professionals called “conveyancers” was given the right to do this work as well and, as a result, fees were much reduced and services improved. That’s what competition does to any industry.

But not in Malaysia. Here, the Bar Council still insists that only lawyers can undertake conveyancing work and scaled fees must be strictly followed – a practice abandoned long ago in other Commonwealth countries.

When it comes to this issue, the Bar Council somehow always overlooks the question of public interest. It seems that, to the Council, it’s their members’ interests that are more important.

The economist Adam Smith warned us 250 years ago that when people of the same trade met, the conversation usually ended up in a conspiracy against the public through the raising of prices.

We now have the Competition Act 2010, which in essence seeks to promote the competitive process, and the rule of the game is to discourage anti-competitive behaviour. The stance taken by the Bar has been definitely against the Competition Act, although no one dares to challenge the lawyers’ monopoly.

The question remains: why must lawyers be the only type of professionals allowed to do conveyancing work?

A solicitor friend countered this view by saying that the Competition Act itself allows for exclusion. For example, Section 13 of the Act exempts any agreement or conduct that complies with a legislative requirement. My friend argued that the Solicitors’ Remuneration Order 2005 (which allows for scaled fees to be charged) is such a legislative requirement.

But wait a minute. I’m not saying that the Bar is in violation of the Competition Act. I’m saying merely that the Bar’s monopoly on conveyancing is not in compliance with the spirit of the Act. The Bar is once again out of touch!

The Malaysian Competition Commission, under the able leadership of former Chief Judge of Malaya Tan Sri Siti Norma Yaakob, should exercise its power under Sections 11 and 12 of the Competition Act to perform a “market review” of the situation and publish the results.

I am sure such a study will show the need for the establishment of a new breed of professional conveyancers so as to give lawyers some fair competition, and I’m sure the market review will benefit the public immensely.

Arguments that conveyancing work is complicated and must be done by lawyers have already been used in Australia and England, and have been found to be baseless – in fact, the quality of conveyancing services in Australia and New Zealand actually improved after the lawyers’ monopoly was broken.

In Malaysia, there are many former legal clerks and Land Office employees who can qualify and be registered as conveyancers. Of course, local conveyancers will have to be properly regulated under their own professional standards organisation to ensure that a high quality of work will be maintained.

The lawyers’ monopoly has no purpose whatsoever in this day and age. Moreover, given that the Bar Council has always fought for the political and human rights of the people, I believe it should extend this public spirit to conveyancing and other spheres, even if it means less “easy money” for lawyers.

In fact, the real test of our commitment to a particular cause is our willingness to persist even if it hits our pockets, so I say again: the public will surely benefit from an end to the conveyancing monopoly, services will improve and prices will fall. So why can’t we do it?

Contributed by by datuk zaid ibrahim The Star/Asia News Network

> Datuk Zaid Ibrahim, true to his Kelantan roots, is highly passionate about practically everything, hence the name of this column. Having established himself in the legal fraternity, Zaid ventured into politics and has been on both sides of the political divide. The former de facto Law Minister at one time is now a legal consultant but will not hesitate to say his piece on any current issue. He can be reached at zaid.ibrahim@partners-corp.com. The views expressed here are entirely his own.
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It's is our battle: Obama in Malaysia

The biggest takeaway from Barack Obama’s speech was that he really isn’t that interested in solving our domestic issues.

I WAS one of the lucky young leaders who attended the town hall meeting with United States President Barack Obama. It was an incredible experience and I was impressed by his energy, oratory and diplomacy.

However, that town hall meeting left our social and mainstream media buzzing with two issues – the questions raised by the participants and Obama’s quotes on affirmative action in Malaysia.

Many Malaysians viewed the less-than hard-questions asked Obama (such as the meaning of happiness) as a waste of an opportunity. They felt the most powerful man in the world needed to be asked some powerful questions.

I, too, had some serious questions for him. However, I am not, as some critics put it, “disappointed in the future leaders of Asean” for asking theirs.

Four hundred young people attended the town hall meeting but only eight questions were taken. Two were from the social media (curated by moderators and, therefore, bound to be “safe”). The social media questions and three others from the audience came from non-Malaysians, leaving the remaining questions for only three Malaysians.

Might it simply then had been an unfortunate coincidence that Obama happened to pick the three Malaysians, in a sea of raised hands, who chose not to ask about the TPPA (Trans-Pacific Partnership Trade Agreement) or human rights?

Obama is a role model to many. Not all young people are political journalists, critics of his foreign policy or otherwise determined to tembak him.

The Asean participants are my friends and fellow alumni of the US State Departmentsponsored exchange programmes. I know them well enough to know they have a different take to politics than we do.

Malaysians thrive on discussing issues of the day in a kopitiam, at a forum or via Twitter. We’re practically hardwired to talk politics. Contrastingly, my Asean friends are here on a leadership initiative. They’ve attended numerous programmes, conferences and workshops all geared towards helping them become leaders of civil society.

Their focus is to find solutions to poverty, climate change and human trafficking – not to zoom in on policy and trade agreements.

Their questions simply illustrate that they’re more concerned with bettering themselves and their world than turning everything into a debate. This was a town hall for young leaders on leadership. Expect some young (read: naïve) questions on leadership.

At one point during his address, Obama said “Malaysia will not progress if non-Muslims are not given equal opportunities.” I, like many others, took his sound bite to social media.

Many people went further, calling on Obama to pressure our government into reform, to “save us”! And of course we had people labelling Obama a hypocrite, his comment either ridiculous or irrelevant, and condemning those who looked to him as a saviour.

These reactions reminded me that we are once again stuck in our dichotomy of “accept wholesale or reject wholesale”.

I personally think the biggest takeaway from his speech was that he really isn’t that interested in solving our domestic issues.

Many times, he urged us to fight a good fight, but he made it a point to remind us that he has his own problems in America to solve. I couldn’t agree more.

Realistically, the US president has bigger problems to deal with than us.

Idealistically, we shouldn’t need him to help in any major way. My Sejarah textbook taught me that time and again when our rulers were faced with domestic problems, they opened themselves up to colonisation by seeking help from foreigners instead of facing up to their countrymen.

However, I disagree with those who dismiss Obama. Yes, this is an issue we’ve been dealing with for so long that the US president isn’t adding anything substantive to the debate, but that doesn’t make him irrelevant!

It’s like any other old debate such as abortion or creationism. You’re perfectly entitled to roll your eyes and say “Yeah, I’ve heard this one before,” but to some people it’s a big deal to have the leader of the free world publicly say, “I’m on your side.”

Others cite his domestic and foreign policy to label him a hypocrite, but you can agree with what he said yesterday without having to agree to what he said last year or did in Syria.

I highly appreciate the public relations value of the leader of the free world demonstrating an awareness of my cause, but it doesn’t have to follow that I adore him, agree with all his policies or think he’s Superman.

In a week’s time, people will forget what he said. But the fight goes on, right?

So, instead of obsessing over whether he had the right to say what he said, whether it matters that he said what he said, or making idle wishes that someone else had said what he said, let us focus on the more important part of his speech – that it’s our battle.

Open Season by Marina Tan

> Marina Tan won the 2012 English Speaking Union International Public Speaking competition. She is presently studying at Kolej Yayasan UEM and will be going to Yale University in the United States in August to pursue a double major in engineering and economics.

Marina Tan The Star-ESUM Public Speaking Competition 2011



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Asians can and must think strategically, not to be dominated by the West

Can Asians think? CAN Asian Think is a provocative book written in 1998 by the dean of the Lee Kuan Yew School of Public Policy at the Nat...

Asians can and must think strategically, not to be dominated by the West

Can Asians think?

CAN Asian Think is a provocative book written in 1998 by the dean of the Lee Kuan Yew School of Public Policy at the National University of Singapore, Kishore Mahbubani, a prolific and brilliant thinker.

The book is a combative rebuttal of the idea that the dominant Western (read American) ideas are universalist, arguing that the Rest (of the World) has a lot to teach the West.

Re-reading it after more than 16 years, the questions raised by Mahbubani are as relevant as ever. Personally, I found the title rather condescending – of course Asians can think! The real issue is whether Asians can think strategically in their own interest, or whether they think that the dominant Western philosophy and values are so comfortable and relevant that they simply accept that the West is best.

The intellectual tide is going full circle. Since 1998, we have experienced two full-scale crises – the Asian financial crisis of 1998-1999 in which some Western polemicists gloated over Asian hubris, and the Great Recession of 2007-2009, when even Western intellectuals questioned whether unfettered capitalism was a dead end.

As one Asian leader said, when our teacher stumbles, what does the student do? This strategic question has not been completely answered, or at least the answers are different for different Asian countries.

Now that the West has begun to recover, we are going through a reversal of fortunes. Emerging economies are going to bear the brunt of global adjustment. At least three Asian economies are counted among the Fragile Five (India, Indonesia, Turkey, Brazil and South Africa), and there is considerable worry that China may be going through a hard landing.

President Obama’s trip to Asia was a belated personal confirmation of his “Pivot to East Asia” policy, first articulated in 2012 by then Secretary of State and Presidential wannabe Hillary Clinton. As the United States began to withdraw from Iraq and Afghanistan, and its discovery of shale oil making it less dependent on the Middle East, the Pivot strategy involved strengthening bilateral ties with allies in East Asia, and working relationships with emerging powers, such as China. The immediate unintended consequence of the Pivot policy was the eruption of the Ukraine crisis, whereby Russia took advantage of European weakness and diversion of US attention to effectively bring Crimea back to the Russian sphere of influence.

All of a sudden, the Cold War, defined as the struggle between Big Powers, re-emerged into the global risk equation.

Russian soldiers march at the Red Square in Moscow during a Victory Day parade. Thousands of Russian troops marched in Red Square to mark 69 years since victory in World War II in a show of military might amid tensions in Ukraine following Moscow’s annexation of Crimea. -AFP

The word “pivot” originally arose from a paper “The Geographical Pivot of History”, delivered exactly 110 years ago by Sir Halford Mackinder (1861-1947), then director of the London School of Economics. In his second book in 1919, Mackinder, considered the father of geopolitics and geostrategy theory, enscapsulated his theory of the Heartland in a dictum: “Who rules East Europe commands the Heartland; Who rules the Heartland commands the World Island; Who rules the World Island commands the World.”

The Heartland is of course Central Asia, previously part of the Soviet Union, and the World-Island is the largest landmass of Euroasia, from Atlantic Europe to the East Asian Pacific coast, which commands 50% of the world’s resources. Many of today’s areas of geopolitical risk are at the frontiers of the Heartland – Ukraine, Syria, Afghanistan, Iraq, Iran and the South China Sea.

Mackinder’s innovation was to examine national strategy on a global scale, recognising that the British empire must use geography and strategic policy to its advantage against competing great powers.

Former British colonies understood very well the British strategy of “divide and rule”, playing off one faction against the other, so that Britain could rule a subcontinent like India without expending too much resources. But Britain did not hesitate to apply gunboats or cannon to maintain the strategic balance. Similarly, Britain played off one European power against another, until weakened by two world wars, her former colony, the United States emerged as the global superpower.

Seen from the long lens of history, we are in the second Anglo-Saxon empire, with America being the new Rome. Just as the Roman empire shifted its capital from Rome to Constantinople (now Istanbul) in the 20th century, power shifted westward from London to Washington DC.

In the 20th century, two island economies, Britain and Japan, played leading roles in intervening in the continents of Europe and Asia through maritime power, but by the 21st century, air and technological power through size and scale changed the game in favour of the United States. The United States is a continental economy defended by two oceans, the Pacific Ocean and the Atlantic, without a military rival within the Americas.

In contrast, Asia has been historically riven by war and territorial disputes.

In his new book, the Revenge of Geography, geostrategist Robert Kaplan argued how politics and warfare were determined throughout history largely by geography.

Even though the arrival of air travel and Internet suggest that the world may become borderless, the reality is that the world is becoming more and more crowded.

When the First World War broke out in 1914, the global population was only 1.7 billion, with a death count of 16 million. By the Second World War, the death count reached as high as 85 million, when world population was only 2.3 billion.

The next World War will be fought over water and energy resources, because there are limits to natural resources even as the global population exceeds 7 billion, going towards 9 billion by 2030.

For the world to avoid global conflict will require great skills and mutual understanding, because the geopolitical risks of political miscalculation and accidents are extremely high in an age of rising tensions due to inequality, chauvinism, religious and ethnic polarisation. As an old African saying goes, when elephants fight, the grass gets trampled. In the next big fight between the nuclear powers, there will be no winners.

Now that is something that not just Asians must seriously think about.

 - Contributed by Tan Sri Andrew Sheng

Tan Sri Andrew Sheng is Distinguished Fellow of the Fung Global Institute. The views expressed are entirely the writer's own.

Al-Shabaah terrorist members enter Malaysia as students and tourists!

Key arrest: Bukit Aman Special Branch Counter Terrorism Unit officers detaining the 34-year-old Somali, believed to be a member of Al-Shabaab terrorist group, in Selangor.

Hunt on for more Somalis

KUALA LUMPUR: The police counter terrorism division has launched a manhunt for at least five other members of the Somali terrorist group Al-Sha­baab who entered the country as college students and tourists.

Home Minister Datuk Seri Dr Ah­­mad Zahid Hamidi said the hunt was to ensure that Malaysia did not be­­come a training ground for militant groups.

“Malaysia has never compromised when it comes to militant activities. This (efforts to hunt terrorists) is done continuously,” he told reporters after visiting the Kamunting Pri­­son yesterday.

“We are hunting down several individuals. Some of them are married to local women. They have not set up bases in this country but they share the ideology.”

His comments came a day after a suspected Somali terrorist belonging to the Al-Shabaab group, which is active in Africa and the Middle East, was arrested in Selangor.

The 34-year-old was also on the most wanted list Interpol.

Dr Ahmad Zahid said the man was believed to have entered Malaysia using student passes two years ago and studied in a private college.

Deputy IGP Datuk Seri Mohd Bakri Zinin said police were using all resources to search and detain the remaining members.

Contributed by Malaysia Police nab man linked to Somalian terrorist group By G. Prakash - See more at: http://www.themalaymailonline.com/malaysia/article/police-nab-man-linked-to-somalian-terrorist-group#sthash.CzfpTtok.dpuf “We are focused on capturing these dangerous people,” he told The Star yesterday.

According to a source involved in the operation, the counter terrorism unit had been closely monitoring a group of five Al-Shabaab members who had entered the country using altered passports and signed up as students of top private colleges and public universities using fake identities and documents.

“There are strong indications that the group was trying to set up a base here to remain below surveillance.

“We believe authorities in Africa and Europe were closing in on them, forcing some members to flee to Malaysia,” the source said.

Asked why the militant group picked Malaysia, the source said the perception was that the country was “too welcoming”.

“Security at our entry points is deemed to be lax and this is luring the wrong kind of people. It is about time the systems in place are re­­vamped,” the source said.

So far, police have found no signs to suggest that Al-Shabaab had been attempting to recruit Malaysians or forge any form of cooperation with home-grown militants who were detained recently.

The arrest of the Somali man is not believed to be linked to the arrest of 11 Malaysians for involvement with militant groups in Syria and southern Philippines.

- Contributed by Farik Zolkepli

Visas only for qualified foreign students

PETALING JAYA: Foreign students coming into the country must have the required academic qualifications before they are issued student visas, said Education Malaysia Global Ser­­vices (EMGS) chief executive officer Mohd Yazid Abdul Hamid.

He said EMGS served as the first level of screening to ensure that only genuine students who had fulfilled the academic requirements were admitted and that the institutions that they appled for were pro–perly accredited.

“Once they have passed the academic screening, the Immigration department will conduct a security screening on the applicants,” Mohd Yazidsaid yesterday.

The EMGS is a one-stop-centre for international students and manages all aspects of their application.

This includes student passes, review of documents, compliance with academic requirements, issuance of student visas, medical screening and insurance coverage.

Mohd Yazid said records kept by EMGS served as a data bank to track the performance of the students.

“There are cases of those who abused their student visas. For such students, the colleges must submit attendance and academic results for yearly renewal of student visas.

“In this way, we can weed out visa holders who are not genuine students,” said Mohd Yazid.

He said foreign students had to achieve 80% class attendance and the minimum cummulative grade point average 2.0 to qualify for renewal of student visas.

- Sources: The Star/Asia News Network

Police nab man linked to Somalian terrorist group 

Deputy Inspector-General of Police Datuk Seri Mohd Bakri Zinin said the individual was picked up by Bukit Aman’s special branch counter-terrorism division in Selangor. ― file picture

PETALING JAYA, May 9 — The arrest of a 34-year-old east African man, believed to be a member of Somali-based militant group Al-Shabaab which has links to Al-Qaeda, has raised questions on how he managed to enter the country and if he was involved with other local militants detained over the past few days.

Deputy Inspector-General of Police Datuk Seri Mohd Bakri Zinin, had in a press statement yesterday, said the individual was picked up by Bukit Aman’s special branch counter-terrorism division in Selangor yesterday and is believed to be linked to the Somali-based Al-Shabaab terrorist group.

“He was listed under Interpol’s Red Notice wanted list for his alleged involvement with Al-Shabaab in east Africa,” the statement read.

“Police are investigating his activities in the country to identify if there were any Al-Shabaab terrorist links or members in the country or conducting activities that could jeapordise the nation’s security.”

He is being investigated under the Security Offences (Special Measures) Act.

Sources say the suspect, arrested at 4pm, has been in the country for “several weeks” and are not discounting the possibility of more Al-Shabaab members in the country.

Nine individuals, aged between 55 and 22, were arrested by the counter terrorism division on April 28 for their alleged involvement in militant activities.

Three of them were picked up in Kedah and six in Selangor. Another individual was arrested in Kuala Lumpur the following day while another suspect was nabbed in the city on May 2.

They were believed to have been planning to participate in the on-going civil war in Syria. Al-Shabaab enjoys close ties with Al-Qaeda and are believed to have aided Boko Haram militants in the attack on Nyanya Motor Park in Abuja last week claiming the lives of over 200 people.

It remains unclear if the foreigner was connected to the 11 locals arrested. Sources say it is highly unlikely but police will probe the matter.

IGP Tan Sri Khalid Abu Bakar had, in recent days, stressed the nation’s laws were adequate to protect Malaysia from militants and warned members of militant groups not to recruit Malaysian youths to join them.

The nation’s porous borders have been highlighted since Flight MH370 went missing on March 8 after two Iranians entered the country and boarded the Malaysia Airlines plane with fake passports.

Earlier this year, police rescued several Myanmar nationals smuggled into the country by a human trafficking syndicate through Thailand.

A series of kidnappings, abduction and robberies in Sabah’s waters, and the influx of foreigners entering the state, has also irked many parties, including Prime Minister Datuk Seri Najib Razak, despite the establishment of the multi-million ringgit Eastern Sabah Security Command (Esscom) after the Lahad Datu incursion early last year.

- Contributed by G. Prakash MalayMailOnline

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Captain recalls attack by Philippine police

"They rushed toward us in a boat and fired at us," He Junting, captain of the fishing boat Qiongqionghai 03168, said Thursday when recalling an attack by Philippine police.

He's boat was about 300 meters from Qiongqionghai 09063, which was seized by Philippine police at about 10 a.m. Tuesday in waters off the Half Moon Shoal in the South China Sea, with 11 fishermen on board captured.

He drove his boat and rushed away after seeing the armed vessel. It encountered another armed boat later but safely got away.

"If we had not known the sea conditions around the Half Moon Shoal well, we would never have got away from them," he told Xinhua.

"If we delayed a little bit, our nine fishermen aboard would have been seized," he said.

The Half Moon Shoal is China's inherent territory. It has rich fishing resources, good anchorages and harbors, the captain said.

"It is a traditional fishing ground for fishermen in Qionghai City, Hainan Province," He said. "We have been fishing there many times."

The Beidou navigation system installed on Qiongqionghai 09063 was switched off by the Philippine police, meaning the 11 fishermen lost contact with China, according to a Qionghai fishing administration official on condition of anonymity.

There are still 48 Chinese fishing boats in the waters off the Nansha Islands, according to the Qionghai municipal fishing administration station.

Police will make contacts with the boats four times a day and make sure to know their positions. They will guide fishing boats to leave dangerous sea areas if needed, said Yu Yi, head of the Tanmen township border police station of Qionghai City.

The Chinese Foreign Ministry on Wednesday urged the Philippines to "immediately" release the detained fishermen and the boat.

China has demanded the Philippines "make rational explanations", said spokeswoman Hua Chunying at the daily press briefing, warning the Philippine side to "take no more provocative action".

Hua said a Chinese maritime police boat has arrived at the sea area. China's Foreign Ministry and the Chinese Embassy in the Philippines have already lodged representations with the Philippine side.

Hua reiterated that China has undisputable sovereign rights over the sea area, including the Half Moon Shoal of Nansha Islands, where the incident occurred. - Xinhua

Another Chinese national kidnapped in Malaysia by Philippine gunmen

Once again a Chinese tourist is abducted from Sabah. Yes, again!

Indeed the word 'again" epitomizes the vulnerability of Sabah's marine defence, the loopholes in the state's security, the woes of the state's tourism industry, the deeply planted worries of the state's residents, as well as the indignation of all Malaysians.

It is not just a scandal for Sabah, but a crying shame for the entire nation.

Are you kidding me? Just one month and now we have another tourist kidnapped from our territory.

Goodness! Why a Chinese national again?

Is it Abu Sayyaf again?

Public reactions have been a concoction of varying sentiments: shock, disbelief, frustration, anguish, humiliation...

More than a hundred Chinese passengers onboard MH370 are yet to be located while the young female Chinese tourist abducted from a Semporna resort is yet to be freed. And now we have the Chinese manager of a fish farm snatched away.

Many Chinese nationals have cancelled their travel plans to Malaysia after the MH370 and Semporna kidnapping incidents. So far no bookings have been received from Chinese travel agencies.

There were a total of 1.6 million Chinese tourists visiting Malaysia last year but according to estimates, the number will likely shrink by 400,000 to 800,000 this year.

With another Chinese national now kidnapped in Sabah, it is foreseeable that Chinese tourists will shun the country while other nationals might review their travel plans. To be honest, no one wants to visit a country that fails to guarantee foreigners' safety.

This is not the first time Filipino terrorists have kidnapped hostages from Sabah in demanding exorbitant ransoms from the government. Last November, a Taiwanese couple was assaulted on Bon Bon island off Sabah. The husband was killed while the wife was abducted, to be released only after a large sum of ransom was paid to the kidnappers several months later.

In April 2000, some 21 people were kidnapped by Filipino militants, including 12 foreigners. The kidnappers released the hostages after US$20 million was paid by the Philippine government at the mediation of Libya.

Last February, armed Sulu terrorists breached our territorial waters to stake a claim on their '"ancestral land" culminating in bloody clashes with our military.

Have we done or learned anything after all this? Why do the terrorists roam so freely into our territory even after the formation of the Eastern Sabah Security Command (ESSCOM)? Why do our security forces appear so helpless in fending off these intruders, allowing them to do whatever they wish in our country?

We remain so helpless and powerless in the face of such blatant provocation from these lawless militants. We have not only surrendered their insatiable ransom demands but also the confidence of Malaysians towards this country as well as our international reputation and image.

- Mysinchew.

Sabah shaken by kidnapping of fish farm manager from Guangzhou

Crime scene: Comm Hamza (right) and Sabah crime division chief SAC Omar Mamah showing photos of the kidnapping location. — Bernama

LAHAD DATU: Fresh off a piracy case on Sunday, Sabah was shaken by the kidnapping of another Chinese national from an island nearby.

Chief Minister Datuk Musa Aman has since announced that a curfew and travels restrictions would be imposed in high risk areas off the coast of Sabah.

The kidnapping of 34-year-old fish farm manager Yang Zai Lin from Guangzhou saw five Filipino gunmen in a brief shootout with the pursuing Malaysian security forces before they fled to Sibutu Island in the southern Philippines.

The kidnapping came about 28 hours after four pirates armed with M16 rifles attacked four fishermen and robbed them of their outboard engines late on Sunday at Tanjung Labian, close to Kampung Tanduo that was intruded by Sulu gunmen in February last year.

The 10-minute raid at 2.45am on Tuesday at Wonderful Terrace Sdn Bhd fish farm on Pulau Baik, close to the shores of Silam, about 30km south of Lahad Datu, has shocked Sabahans who are now questioning the Eastern Sabah Security Command (Esscom).

The kidnappers, also armed with M16 rifles, had paddled their 40HP white boat to the fish farm, avoiding the security guard by moving towards a second jetty on the other side of the farm.

Sources said that two of the masked men headed straight to the room of a female cook and demanded to know the whereabouts of the Hong Kong-based owner of the fish farm.

On learning that the owner had left just a few hours before their arrival, after a four-day stay at the farm, they grabbed Yang who had come out to check on the commotion outside his room, which was adjacent to the cook’s room.

They pulled him to the waiting speedboat where the guard was being held.

However, the gunmen pushed the guard off the boat and sped off towards international waters.

Security forces were immediately notified of the kidnapping.

Due to the proximity of the incident to mainland, police set up roadblocks along the Tawau-Lahad Datu road while at sea they went on red alert under Ops Tutup.

Sabah Police Commissioner Datuk Hamza Taib said that at about 6.20am they spotted a 200HP speedboat close to the Malaysian border island of Mataking and as police tried to intercept the gunmen, gunfire was exchanged.

He said the gunmen managed to slip into Alice Reef and flee towards the Philippines’ Sibutu island.

He said they believed that the gunmen had switched from their 40HP boat to the higher powered 200HP speedboat to make their escape out of Sabah.

Disclosing they had asked assistance from the Philippines police, Comm Hamza added that they were also checking whether the same group was behind the act of piracy at Tanjung Labian on Sunday.

According to sources, the pirates in the Labian incident had used a black boat and had spoken in local Malay while in Silam they spoke in the Bajau dialect, common among the bajaus on both sides of the Malaysia-Philippines border.

However, they were not ruling out the possibility that they might be linked to each other.

On April 2, gunmen from southern Philippines snatched Chinese tourist Gao Huayun, 29, and resort worker Marcy Dayawan, 40, from the Singamata Reef Resort in the neighbouring Semporna district.

Their whereabouts in southern Philippines remain unknown though the Malaysian authorities say that they are safe.

On Nov 15 last year, a Taiwanese woman Chang An Wei, 58, was kidnapped from the Pom Pom resort while her husband Li Min Hsu, 57, was killed when gunmen raided the Pom Pom resort. She was released a month later after an undisclosed ransom was paid

 - The Star/Asia News Network

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PETALING JAYA: The notorious Abu Sayyaf group believed to be responsible for the abduction of a Chinese and Philippine national in Sabah used to demand up to US$3.5mil (RM11.5mil) for the release of non-Filipino citizens, said a security analyst. Prof Dr Aruna Gopinath who specialises in maritime security said the separatist group based at ... KL and Manila in hunt for gunmen · Gao's mum gets sms just before attack · Websites show Singamata still popular with ...

Ugly business of Pilipinos kidnapping in Malaysia

When I heard that was the amount demanded for the release of 58-year-old Chang An Wei abducted at gunpoint after her 57-year-old husband Hsu Li Min was shot dead by Filipino gunmen in the exclusive island resort off Semporna town on Nov 15, I worried about the consequences of paying for her freedom. I tweeted: ..... Gao Huayun< Video http://shar.es/TX2SIHome minister: Kidnappers want RM36m for Chinese tourist, Malaysia negotiating themalaymailonline.

"Chinese dream" speaks to the whole world, offers global inspiration

When President Xi Jinping articulated a vision of prosperity, national rejuvenation and happiness for the people at the UNESCO headquarters in March, he added the best footnote yet to the notion of the "Chinese dream."

No other words about China in recent years have captured the world's attention and imagination as those two have.

The phrase, first mentioned during a speech by Xi two weeks after he was elected general secretary of the Communist Party of China (CPC) Central Committee in November 2012, has been echoed repeatedly by Chinese leaders and is considered a central mission of the new leadership.

The latest reaffirmation came on Sunday, when Chinese Vice President Li Yuanchao called on young people to work for the "Chinese dream" to integrate their personal dreams with the bigger dream of the Chinese nation's revival.

Although the country might still be years, if not decades, away from living its dream for real, the Chinese dream has provided global inspiration.

Bulgarian President Rosen Plevneliev said in January during a visit to Beijing that he admired China for its great achievement of development and that he believed the Chinese dream of national rejuvenation will benefit the whole world as well as the Chinese people.

Asha-Rose Migiro, a former UN deputy secretary-general, also said last year that the "Chinese dream" resonated with the dream of Africa, as China and Africa can achieve common development through common efforts.

This is no accident and not difficult to understand. For one thing, the Chinese dream does not run contrary to the common aspirations worldwide, but is compatible with them.

Peace, prosperity, happiness and social stability, which are the essence of the Chinese dream, are also the most fundamental components of the shared pursuits of people worldwide.

In that sense, people across the world have all dreamt of the "Chinese dream" in their own way. It is no wonder that foreigners understand the notion upon first hearing it.

The Chinese dream also offers huge potential opportunities for cooperation and mutual benefit for other countries, both economically and politically.

China's rapid economic growth has produced enormous "bonuses," not only for the Chinese people, but also for the whole world.

According to figures from the National Statistics Bureau, China has topped the list of contributors to the global economy, with up to 19.2 percent of world economic growth coming from China in 2007, compared to only 2.3 percent in 1978.

China is not only the main engine of global economic growth, but also the defender of regional peace and stability.

Unlike certain troublemakers in the region, China has the resolve to create with Asian countries a peaceful and bright future for East Asia and the rest of the continent.

The realization of the Chinese dream does not entail fracturing the dreams of other countries. On the contrary, it helps them to realize their own dreams of peace and prosperity. - Xinhua

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Making sense of China’s Asia-Pacific FTA agenda

IN A surprise move, the Chinese government announced on April 30 that it will explore the possibility of pushing ahead the long-delayed Asia-Pacific Free Trade Agreement (FTAAP) in the coming Asia Pacific Economic Cooperation (Apec) meeting this year. To that, Beijing is mulling a working group to study the feasibility of the Pacific-wide free trade pact which is scheduled to be discussed among Apec trade ministers in the May forum.

In light of Obama's conclusion of his Asia trip without much achievement on the Trans-Pacific Partnership (TPP) agenda, Beijing's latest move is a clear response to Washington's "economic containment" of China in the form of TPP—a suspicion that is shared by many analysts worldwide. Nevertheless, considering China's multi-level and often complicated decision-making process, Beijing's latest overture is definitely more than just a timely response. In fact, it is a strategic response aimed to achieve strategic goals in both external and internal dimensions.

First, Beijing's FTAAP move is a departure from Hu-Wen administration's policy on the Pacific trade agreement. Whereas the previous administration's stance on this matter is both ambiguous and non-committal, the current Xi-Li leadership has obviously abandoned such a policy to the point that it is willing to push the FTAAP agenda as Apec host this year. Exerting such a leadership when the credibility of Apec as the framework for achieving Asia-Pacific economic community is being questioned, is a show of China's aspiration for a global role that commensurate its position as one of the world's economic power.

Second, Beijing's support for the FTAAP is a strategic counter to the US-led TPP which China does not belong to. Instead of focusing its sights on the Asean-centred Regional Comprehensive Economic Partnership (RCEP), Beijing is also looking at the FTAAP as its other tool to mitigate the adverse impacts arising from the TPP towards China, should the US-led trade pact successfully concluded. As FTAAP is the larger economic bloc that encompasses all 21 APEC members, pushing the proposal through will not just complement the TPP but also, absorb the 12-member TPP nations within the larger free trade bloc. This effectively puts China in the driving seat, seizing the global free trade initiative away from the US and breaking the TPP-induced predicament on Beijing.

Third, China's push for the FTAAP agenda will mean that the RCEP is firmly established as the other cornerstone of the nation's free trade policy. Simultaneously, such a decision will cast away any possibility of Beijing entering the TPP as some analysts have hope for.

From the statement made by the Chinese commerce ministry days ago, China is planning to utilise certain aspects of both the TPP and the RCEP frameworks, to be the building blocks for the eventual free trade pact in the Asia-Pacific region. By that, it means that the FTAAP, if it is successful, will not be the high quality FTA or Economic Partnership Agreement (EPA) as the TPP, but rather, a modest version between the TPP and the RCEP. In the long-run, this is more beneficial to China as it puts the country in a gradual course of economic opening up unlike the situation in the TPP.

Finally, Beijing is employing the FTAAP as an external force to speed up reforms at the domestic front. With the FTAAP poised to be a higher quality of FTA vis-à-vis the China-Asean Free Trade Area, it is expected that substantial rules and regulations will be rolled out to overcome the numerous tariff and non-tariff barriers as well as investment hurdles among participating nations. For China, the FTAAP can be a force used by the government to break the monopolies of state-owned enterprises in the telecommunications, banking and transport sectors, just to quote a few. With economic reform being the most important agenda for the leadership, the Xi-Li administration is borrowing the external force in the form of FTAAP, to further liberalise its economy and, thus, spur China into a more sustainable economic development in the coming years.

What is needed by China, however, will be policy consistency and close collaboration with Washington to push the FTAAP agenda through. Just as half-baked efforts will not produce any tangible results as shown during the Bush administration, pushing through a FTAAP that is more accommodative to the developing world may not work as well in this case. Close lobbying with the US and other developed countries is vital if Beijing is to push through the FTAAP agenda in Apec.

- Contributed Karl Lee CROSS BORDERS theSunDaily

Karl Lee is an analyst at Anbound Malaysia, the leading independent think tank in Mainland China. Feedback: lcleong@anbound.com.

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Clean hands save lives, wash your hands to combat germs!

PETALING JAYA: The role of hand hygiene in preventing the spread of drug-resistant germs is the focus of the World Health Organisation’s annual “SAVE LIVES: Clean Your Hands” campaign this year.

Launched yesterday, the campaign is in line with WHO’s recently-released report on Antimicrobial Resistance: Global Report on Surveillance.

How bacteria become resistant

Bacteria grow resistant to antibiotics through natural selection. When drugs are used, some organisms may have ways of surviving. As they reproduce or pass DNA to other bacteria, those traits become more common, weakening antibiotics’ power.

The report states that there are increasingly more types of bacteria which cannot be killed by antibiotics. The report also stated that no one in the world is safe from this menace.

However, WHO also reported that should compliance with hand hygiene in health facilities increase from under 60% to 90%, there could be up to a 24% reduction in the infection of methicillin-resistant Stap­hylococcus aureus (MRSA).

MRSA, most commonly contracted in hospitals, is rapidly becoming more difficult to treat with current drugs.

“Whether it is the hands of the patient, their visitors or the healthcare team, people must remember to practise good hand hygiene in a healthcare setting, especially in hospitals,” said Patient Safety Council of Malaysia member Dr Milton Lum.

Good hand hygiene means washing the hands thoroughly with soap and water before and after touching a patient.

“Everyone has germs on his or her body so despite our good intentions in visiting our sick relatives or friends, we may actually pass on a bug unintentionally,” said Dr Lum.

Patients for Patients Safety Malaysia chairman J. Manvir said he believed that patients should also wear masks to protect themselves from airborne infections.

“Children under 12 should not be visiting patients, especially in hospitals.

“You may not be able to teach them to practise good hand hygiene but you can keep them at home to prevent them from passing on an infection to the patient as well as preventing them from getting ill,” said Manvir.

Antibiotic resistance has been around since the 1940s when the first antibiotic, penicillin, allowed doctors to kill off the many bacteria that were the source of different infections.

However, subsequent misuse of penicillin accelerated the natural evolution of the bacteria, resulting in the microbes becoming resistant.

Contributed by Tan Shiow Chin The Star/Asia News Network

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