THE CONSTITUTIONAL MONARCHY

CONSTITUTIONAL MONARCHY
 

THE LAW

Our country has many lawyers.

 

We have the judges, the advocates and the solicitors.

 

I am not a lawyer.

A BANKER

 

As a former banker I studied 'Law of Banking' which does not qualify me to be a lawyer.

In 1963, after knowing that I was offered a scholarship for a degree that I was not interested in, I left school and went to the Ipoh golf course on a Wednesday morning and looked for an opportunity to be a caddy for one of the week-day golfers.

The golfer happened to be Mr. Charles McGregor the regional manager of The Chartered Bank in Ipoh.

Charles asked me as to the reason that I was not in school as it was not a weekend and also not a public holiday.

I replied that I was on the golf course, and not in the classroom, for the same reason that he was not in the office on a Wednesday morning when he should be in his office and it was not a public holiday.

He was happy with my reply and asked me whether I would like to be a banker.

When asked, he defined a banker as a man who studies law but not enough to become a lawyer, studies economics but not enough to be an economist and studies accountancy but not enough to be an accountant.

I said that I am not interested in having 'not enough' education in any subject. But I was inquisitive as to what a banker does.

When Charles said that a banker deals in 'MONEY' my eyes opened up and I said, 'Yes, I am interested in having money.' After all that was the reason I worked as a part-time caddy as I need money to support myself.

That was how I landed in The Chartered Bank and stayed with them from 1963 to 1978.

My knowledge of law during my banking years was limited to the normal legal requirements of a bank.

PARLIAMENT AND STATE ASSEMBLY

 

However, for thirty years I was an elected representative in the Malaysian Parliament and the Kedah State Assembly.

 

Therefore I do participate in the making of laws.

 

As a banker I referred to the panel of lawyers wherever I need any legal service, opinion or advice.

 

As Secretary General of UMNO I referred to Tun Zaki Tun Azmi, as UMNO's legal advisor, a long time before Tun Zaki became the Lord President.

 

As a Menteri Besar I referred to the State Legal Advisor on all legal matters.

 

As a Minister there is the Attorney General's office for advice.

 

As a private citizen I chose my lawyer friends for advice and assistance whenever I am entangled in any legal cob-web.

 

As a nation Malaysia is a Constitutional Monarchy.

 

We have 9 Sultans and 4 Governors.

 

The Governors are appointed by the Yang Di Pertuan Agong upon confirmation by the Council of Rulers.

CHECK AND BALANCE

 

During my earlier days in UMNO I was informed that Malaysia has a fantastic check and balance network of institutions which will guarantee peace and stability in a multi-racial, multi-lingual, multi-cultural and multi-religious society.

 

We have given royal status to our POLIS DI RAJA MALAYSIA, TENTERA DI RAJA MALAYSIA, KASTAM DI RAJA MALAYSIA and all our FEDERAL CIVIL SERVANTS and the STATE CIVIL SERVANTS in Kedah, Kelantan and Johore are appointed with the approval of the Yang Di Pertuan Agong or the Sultans.

 

I was informed that in an emergency, such as racial riots or the failure of Parliament, the above institutions which are described as royal can presumably function on its own with the guidance of the monarch.

 

The royal police force can look after the internal security of the country.

 

The royal military force can protect the country from external interference.

 

The royal civil servants can carry on managing the administrative affairs of the country and the states.

 

The royal customs can collect the taxes to pay to the above institutions.

The businessman, traders, manufactures, plantaters, farmers, breeders and fishermen can go on continuously producing and delivering goods and providing services for the local and international markets.

 

We have experienced running the country efficiently, without having a Parliament, after the tragedy on 13th May, 1969. The Yang Di Pertuan Agong appointed members of the NOC (National Operation Council) to run the country.

 

This was done after a state of emergency was declared in accordance with the constitution.

 

AN EXAMPLE TO THE WORLD

 

Malaysia has reached a stage where, with all the laws and the above institutions, it has become an example to the Third World,  a pride to the Muslim World, a much quoted example of a well run country by even the developed countries.

 

We have even targeted to be a developed nation by the year 2020 if our political, economic and cultural vision is not blurred and the reading power of our two eyes is a perfect 20 and 20 for each one of the two eyes.

Students from all over the world are sent by their parents, their governments and other sponsors, to study in our universities with the assumption and believe that  our education system is the cause of our success.

 

It is my observation, and many of my friends, that the above harmony can only be achieved if all of us play by the rules of law. Those who broke the laws must either be disciplined or punished. Otherwise there will be anarchy.

 

Besides the laws there are also procedures, customs and values.

 

A UNIQUE MONARCHY 

 

Our monarchy is unique in the world. We have a king, the Yang Di Pertuan Agong, who is DEMOCRATICALLY chosen from among the 9 Sultans. They take turns, by custom and tradition, and serve for a maximum period of 5 years, after which they voted in from among themselves, a successor. It normally goes by seniority as from the first round of choice since independence, unless, as in the case of the previous sultans of Johor who opted to miss out for personal reasons. Then the next in line takes over.

 

Currently, we have a king who is serving as the Yang Di Pertuan Agong for a second term. Tuanku Sultan Abd. Halim is from a monarchy which is the longest serving ruling family in the world. Even the famous British monarchy had undergone many changes in the ruling families.

 

THE PRIME MINISTER 

 

Besides the monarchy the most important person in any nation is the elected Chief Administrator who is chosen by the people in an election. He is the Prime Minister.

 

After winning in an election, especially without obtaining a majority of popular votes, he is expected to run the country cautiously, efficiently and effectively. He is the man to ensure that the country runs by the rule of law.

He is the advisor to the Yang Di Pertuan Agong.

However, the current Prime Minister of Malaysia is said to be doing and acting in mysterious ways, in addition to giving blurred, contradicting and unconvincing answers to all questions asked.

From a country that could be proud of itself, it is now a 'pariah' among nations.

Even guests in our own country is seen to be criticizing us, the host country.

It does appear to our guests that the Prime Minister is not doing something right.
 

PANDORA'S BOX

The RM2.6 billion donation admitted to have been received, into personal accounts, for purposes of financing the 13th General Election and said to be for having successfully fighting against ISIS, which, at the time of the donation, is said to have not formalized its existance, was actually opening the Pandora's Box.

It is illegal.

The Society's Act tabled during my time in the Home Ministry, serving under Tun Ghazali Shafie, differentiated between a political society and a friendly society. The idea was to ensure that there is no foreign intervention in our political affairs, inclusive of providing the funds.

When the leaders of the 'PERHIMPUNAN MERAH' or the 'RED SHIRT RALLY' got excited they thought it heroic to play the race card by attacking the Chinese, particularly the DAP.

Yes, I noted that some weak Malay political leaders, during my time in active politics, do abuse racial sentiments to unite the Malays and cover up their wrong-doings. The weak Chinese do that too.

I would rather focus on the issues, the projects and programmes, however crazy they might appear.

However, the Chinese Ambassador, in line with the idea that Chinese, all over the world, whether knowingly or not, agreeably or not, are citizens of China, felt it necessary to protect China's citizens who are also Malaysians.

His appearance at Petaling Street, used to be Chinese dominated, but are now mainly occupied by Bangladeshis, Myanmaris and Nepalese, and his expression of concern for racial discrimination, in any form and towards any race, opens up a new BIG QUESTION for UMNO and Barisan Nasional.

What if the Chinese government agencies, or even the many prosperous Chinese philanthropists, in sympathy with the so called discriminated, though economically dominating, decide to donate 4 times RM2.6 billion for the Chinese opposition party leader's account to be deposited in the various banks in Malaysia and Singapore?

I choose the number 4 as it is a killing number, such as the 6th of April (4) uprising, and the 4th of June, suppression in China.

What about the Society's Act?

Why can't Lim Kit Siang receive RM10.4 billion when Dato' Seri Najib can receive RM2.6 billion?

Is it not the Prime Minister who leads by example?

IS SOSMA WORSE THAN ISA?

And now the police have arrested Dato' Paduka Khairuddin Abu Hasan.

Subsequently, Mr. Matthias Chang, Dato' Paduka Khaairuddin's lawyer, was detained.

What wrong had Dato' Paduka Khairuddin done?

After reporting to the local police and nothing happened for obvious reasons, he is said to have reported the 1MDB scandal to the authorities in London, Paris, Berne, Singapore and Hong Kong. Dato' Khairuddin could not go to New York or Washington as he was arrested before the Prime Minister visited the USA.

I was informed that Dato' Khairuddin went to capitals of foreign countries because the officials over there are beyond the harassment of the local power that be. Furthermore the accounts, borrowings, borrowers, bankers, investors, friends, associates are mostly living overseas. Dato' Khairuddin is certainly being helpful to the local authorities.

Furthermore, the scandal involves foreign banks and institutions domiciled overseas.

We are informed that Dato' Khairuddin was arrested under SOSMA which is an act said to be worse than ISA. The word 'sabotage' under SOSMA is not defined.

Dato' Khairuddin is said to be trying to overthrow Dato' Seri Najib as the Prime Minister of Malaysia.

So also is Tun Mahathir and now Tun Ling Liong Sik.

I have stopped procrastinating over the idea of persuading Dato' Seri Najib to resign when I realized that it involves 'banking' which is a subject that I have been studying since 1963 and have kept up to date, through reading, even after I left the profession in 1978.

I have delayed in joining the chorus requesting for the Prime Minister's resignation because of the fond memory I have of the PM's late father Tun Abdul Razak, to whom I owed so much.

But, after reading Albert Einstein's quotation:

'Problems caused by individuals of a certain level of thinking cannot be solved by those with the same level of thought'

I have decided to participate in the chorus by doing something in the same direction.

I have been watching, analyzing, scrutinizing and studying the detail of the current financial scandal and I have come to the conclusion that only the insane, the ignorant and the mercenaries would not subscribe to the idea of the PM's resignation, whatever be his compensating sunset rhetoric that we are still hearing despite all the revelations.

Even Tun Abd Razak's family has openly expressed their doubts on the PM's ability to cope up with his responsibility, particularly since the PM's 4 brothers have openly denounced their sister in law's son, from an earlier marriage, claiming that his lavish lifestyle is made possible from the wealth of the PM's father, who is known to be a clean leader with immaculate track record devoid of corrupt practices, and therefore, not wealthy by any standard.

And I believe that even the late Tun Abd. Razak, knowing his opinion of his son, will not approve the formation of 1MDB.

THEY ARE NOT TERRORISTS

When enacted, SOSMA was given the impression of being an act against the terrorists.

Certainly Dato' Paduka Khairuddin and Mr. Matthias Chang are not terrorists.

As I understand it the Pakatan Rakyat is also trying to overthrow Dato' Seri Najib by taking over the government from Barisan Nasional. They are bringing the RM2.6 billion donation to court in order to disqualify the previous General Election.

Should they fail to nullify the recent 13th General Election they will continue with their effort at taking over PUTRAJARA by the 14th General Election.

Can't they be arrested under SOSMA?

It seems that trying to overthrow Barisan Nasional, with Dato' Seri Najib leading it, is not a crime but to persuade Dato' Seri Najib, as Tun Abdullah was 'encouraged,' to step down, and leave UMNO to its many other leaders, is a crime.

Why is punishing UMNO and BN because of Dato' Seri Najib being regarded as acceptable when removing Dato' Seri Najib to save UMNO and BN is regarded as an act of terrorism?

Am I reading the issue correctly?

LOANS AND DONATION

 

There are issues such as -

a. massive off-budget borrowing of RM42 billion without the knowledge of the cabinet;

b. unclear ways of using and/or investing the amount borrowed;

c. the existence of mysterious donors of RM2.6 billion for UMNO but unknown to the UMNO Central Committee and not appearing in the UMNO statement of accounts;

d. balance of this donation, after deducting a small portion as expenses for UMNO during the 13th General Election, was credited back into the Prime Minister's private account in Singapore.

1MDB is not a Sovereign Wealth Fund similar to those formed by Arab and Scandinavian countries as a vehicles to discreetly invest their surplus funds in carefully and professionally selected ventures.

Ours is a Sovereign Debt Fund.

There is certainly a difference between Wealth and Debt.

We cannot take pride and comfort for merely investing RM1 billion, after having acquired valuable land assets at very cheap prices with a revaluation value of more than the borrowing of RM42 billion,

The banks would not lend against the revalued property which have been acquired at extremely cheap prices; they insisted on a full Malaysia government guarantee, which is really the real issue.

Furthermore the borrowings, at the old conversion rate from the US$, were invested in either doubtful or dubious ventures, and therefore unable to service the loans from profits except by incurring more loans.

An investigation was going on the 1MDB RM42 billion loan, at the old exchange rate for the US$.

This investigation appeared to be tactically delayed by the removal, sacking, displacement, harassment and promotion of the various investigating teams.

It appears that some cover up activities were going on and these activities require time.

It also appears that some sorting out of messy investments need to be rationalized. Takeovers of losing operations need also to be discreetly orchestrated.

Demonstrations appear to be organized as red herrings to divert attention and focus on the real national issues.

Actions on supposedly acts of defamation by locals and foreigners, appears to be focused not on the defamation itself but on building up political impressions that everything is being of racial undertone.

THE ATTORNEY GENERAL

Malaysia's previous legal advisor was the Attorney General Tan Sri Abdul Ghani Patail.

I was asked by a friend about the sacking of Tan Sri Abdul Ghani Patail from the post of Attorney General.
 

Who gave the advice resulting in the sacking of Tan Sri Abdul Ghani Patail as the Attorney General? It could not be Tan Sri Abdul Ghani advising against himself.

Earlier retirement because of ill health, as a reason, without the production of a medical certificate, would not have necessitated a police escort for Tan Sri Abdul  Ghani to leave his office in order to ensure that no documents were taken out by him. Certainly Tan Sri Abdul Ghani is not that dishonorable.

There is a legal procedure for the appointment of Attorney General and also a procedure for his or her dismissal.

 

Obviously the sacking of Tan Sri Abdul Ghani Patail was not according to procedure.

Tan Sri Abdul Ghani Patail was appointed by the Yang Di Pertuan Agung.

 

This sacking need also to be endorsed by the Yang Di Pertuan Agong.

Who advised the Yang Di Pertuan Agong?

 

Yang Di Pertuan Agong acts upon the advice of the Prime Minister.

 

Was the Prime Minister aware that there is a procedure to be followed before the Attorney General can be removed?

 

Had the Prime Minister advised the Yang Di Pertuan Agong whether this procedure has been followed.  

 

The Yang Di Pertuan Agong is a noble monarch of great integrity and therefore Tan Sri Abdul Ghani Patail would not have been sacked without  a persuasive and convincing advice by the Prime Minister.

 

Since Tan Sri Abdul Ghani Patail did not volunteer to be ignominiously sacked, the Prime Minister had either acted on his own or being wrongly advised by someone else.

Whichever way the Yang Di Pertuan Agong appears to have a Prime Minister who is not able to advise him in the proper performance of his function as a constitutional monarch.

Some of those at higher levels, who are responsible for taking actions, are paralyzed from doing so as they are said to have skeletons, such as owning assets beyond normal means or involvement in contracts, which they would like to keep intact in the cupboards.

True or not, explanations are needed for their reluctance to act.

DEMAND OF THE RULER'S COUNCIL

It was reported on 8th October that The Malay Ruler's Council demanded that the government complete the investigation related to 1Malaysia Development Berhad, or 1MDB, as soon as possible and take the appropriate stern action against all found to be implicated.

This was a tall order from the Ruler's Council.

Even the Sultans are obviously tired for just being observers to the current scandalous scenario while the country is sliding down the ravines.

The Attorney General Office, which normally takes time in pondering over the method of reacting, was quick to speedily respond, in this case, by proclaiming that they have found all dealings in 1MDB are in order.

The previous Attorney General would probably take too long to endorse the dealings in 1MDB.

Speed appears to be the reason for the sacking of the previous Attorney General and the appointment of the new Attorney General.

This claim by the Attorney General's office was immediately challenged by the Governor of the Central Bank, Bank Negara Malaysia, stating that they have wrongly approved the transfer of US$1.86 billion to a foreign entity, based on incorrect information, and that the money should be returned.

Bank Negara's demand for a review of the Attorney General's ruling was speedily turned down.

It appears that the Prime Minister was correct in choosing a man, older that TS Abd. Ghani Patail, but could move faster and more speedily, despite his age, to endorse the activities of 1MDB.

As Bank Negara Malaysia could only report to the Attorney General for action, and being a responsible and respectable institution they might have to resort to other means of action to discipline the banking industry in keeping with the world's standard..

But will a new Governor be appointed?

The newly appointed Attorney General appears to be more accommodating to the power that be.

What could be the reason for the Attorney General's ruling on the 1MDB transactions?

SEPARATION OF POWERS

In addition to the defense of 1MDB by the Attorney General, without give a chance for the matter to be judged by a court of law, the Deputy Minister was also quick to respond, in turn, with an open reminder to the rulers on the separation of powers.

As a press conference chaired by Tun Dr. Mahathir at Perdana Leadership Foundation, Tengku Razaleigh Hamzah, who is born from one of the royal households deliberated that the separation of powers merely involved the Executive, the Legislative and the Judiciary, and dose not involve the monarchy.

Certainly it is not just ceremonial for the Prime Minister and the Menteri Besar to appear before the Yang Di Pertuan Agong and the Sultans, respectively, before a cabinet or an exco meeting.

The Yang Di Pertuan Agong and the Sultans is obliged to know what is happening in the government.

They certainly have the right to voice the conscience and the grievances of the people.

THE CHARGE AGAINST DATO' PADUKA KHAIRUDDIN ABU HASSAN AND MATTHIAS CHANG

Possibly after an effective social media blast against the classification of Dato' Paduka Khairuddin and Matthias Chang for terrorism they are now accused of sabotaging the economy and financial system of the country. It is just as ridiculous.

Knowing both of them as non wealthy personalities, probably with debts here and there, it is unthinkable for them to be able to upset the Malaysian economy and finance. They certainly are not the like of George Soros, and they debts they have incurred are certainly less that the debts of 1MDB.

As the case have gone to court, let us wait for the fiction to unfold.

Or is it another red herring or just a futile effort to put the blame on 2 individuals for the current economic ills of the nation.

ALL POWERFUL PRIME MINISTER

The Prime Minister, who is also the Finance Minister, have sacked the Deputy Prime Minister and another Minister, who is the Vice President of UMNO, for questioning on 1MDB; the former Attorney General's services was unceremoniously terminated, while trying to perform his duty; and above all the Memorandum and Articles of Association of 1MDB stipulated that all decisions must eventually be with the approval of the Prime Minister.

If all transactions must be with the approval of the Prime Minister, then would it be unreasonable to assume that any questioning of the Prime Minister's approval, by anybody, can be construed as obstructing the Prime Minister's activities in pursuing his mission for the country, however weird the method, however scandalous the mission, and however vague the motivation.

The Prime Minister is all powerful.

What happens should the future Prime Ministers behave in the same way?

Wallahu'aklam.