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Suit against Sabindo illegal building developer February 6, 2015

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Jimmy (second right) with Sri Tanjong assemblyman Chan Foong Hin (second left) and Chan’s assistant Teo (left) at the illegally constructed building behind them.

TAWAU: The controversial Sabindo open space ten plaintiffs will take action and file in an affidavit for contempt of court against the developer that had failed to tore down the illegally built building as ordered by the Tawau High Court.
Kota Kinabalu member of parliament and former Sri Tanjong assemblyman Jimmy Wong speaking on behalf of the plaintiffs’ said the suit will be filed in court before Chinese New Year
Jimmy said the plaintiffs have no choice but to do so as the Attorney General did not take any action on the developer when its job is to serve the public and protect the public interest.
“Rumors saying that the developer is selling a lot of assets contemplating of migrating and if true we do not want the developer to run away from responsibilities,” Jimmy said
“We pray that we can settle this issue by this year. We gave the developer two years to carry out the High Court judgment and comply with the law,” he said.
A responsible government should do its part after the judgment to protect the interest of public but now the plaintiffs have to do the job.
“Is the developer treating the High Court judgment was wrong?” he asked adding to the public the government and the developer are totally irresponsible.
Jimmy said the people are disappointed with the AG on the Sabindo case as after the decision by the High Court, the AG never stepped in to see the judgment is complied.
“Since AG did not take any action and the developer defied the court order going back on contempt of court order. We have to tell the court that the developer don’t respect the law,” he said.
During the trial on June 10, 12, 15, 16, 17, 18 and 19, 2009 before Judicial Commissioner Yew Jen Kie, in her ruling on October 23, 2009, she adjudged the Joint Venture (JV) Agreement between (1st Defendant) Aggast Construction Sdn Bhd, Jeramas Sdn Bhd and (2nd Defendant) Majlis Perbandaran Tawau dated 13 and 16 December 1996 are invalid, illegal and unenforceable being ultra vires the Local Government Ordinance 1961 and the Tawau Municipal Council Instrument 1983.
The judgment delivered compels the 1st Defendant to dismantle, remove and clear all plants, equipments and materials laden on Block D within six months’ and fifty percent of costs to the plaintiff.
The upholding of the decision of the High Court means the developer must remove the illegal uncompleted structures as there is a clear vindication of the ruling that the JV agreement were also bad in the first place and that any development pursuant to the JV is also unlawful.
The plaintiffs, Chong Sui Jin, Yong Sie King, Lee Kok Ming, Pang Koh Len, Wong Chew See, Chin Kon Tai, Chen Yuh Bih, Lim Kon Hock, Yong Yu Min and Rev. James Wong Chong Leong were represented by counsel Datuk Simon Shim.
In the Federal court sitting on December 5, 2012, the five judges unanimously held that the High Court and the Court of Appeal were correct in their decision which ordered the developer to dismantle the illegal structures at the Sabindo open spaces.
Federal Court judges, Justices Tan Sri Dato’ Seri Raus Sharif, Tan Sri Dato’ Seri Zulkefli Ahmad Makinudin, Tan Sri Datuk Seri Panglima Richard Malanjum, Tan Sri Abdull Hamid Embong and Dato’ Jeffrey Tan Kok Wha dismissed with cost the appeal by Aggasf Construction Sdn Bhd and Jeramas Sdn Bhd against judgment of High Court Judicial Commissioner Puan Yew Jen Kie and the Court of Appeal.

BN’s promise on state water tariff review in 2011 proven a ‘Lie To Sabah People’ May 3, 2013

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On Nov 24, 2011 during the winding up speech, then Minister of Infrastructure Development  also the Deputy Chief Minister Tan Sri Joseph Pairin Kitingan told the State Assembly sitting that his ministry is in the process of reviewing the State’s water tariff structure.

He said the review would be fair and based on the ability of the different segment of consumers to pay.

Pairin noted that the existing tariff is based on a flat rate of 90 sen per cubic meter of water for both domestic and commercial sectors. (Which is not fair)

However, he said it is not appropriate to compare Sabah water tariff with those of the other states in Malaysia, which have different structures. He said it is important for elected representatives to give clear picture before making comparison.

Sir Tanjung assemblyman Jimmy Wong had on Nov 21 (Tue) urged the government to re-evaluate the water tariff in Sabah to avoid further burdening the people.

Jimmy said Sabahans were paying 50 per cent more for water than comsumers in neghbouring Sarawak, where the water costs 46 sen and 66 sen for between 0 and 14m3.

PR in Selangor since taking over the management from BN is able to give 20m3 free clean water which proves Pakatan Rakyat (PR) promise is not a lie in 2008. (BUKAN JANJI BOHONG).

Here in Sabah we are paying 90 sen per cubic meter compared to other states which is as low as 45 sens.

When Pairin made the water tariff review statement which was published in the front page of local newspaper, I hoped the new tariff will be lower for domestic consumers so it would not burden them especially the lower income group.

My question to the ministry on Mac 2012 was answered in written form through the Dewan Undangan Negeri Sabah which stated the government is planning and reviewing the water tariff based on management cost, treatment and distribution and using the principle of consumers using more water should pay more.

However, to my question at the Dewan on July 16, 2012 on the water tariff review status, I was told the state government is in the process of appointing a consultant firm to carry out detail study on the cost and other factors connected to water tariff.

Until before the dissolution of the Federal Government together with the State Government of Sabah, the water tariff matter my guess is still being studied.

We in PR promise if chosen by the people to form the next government will see to it that the water tariff is reduced for consumers and at the same time will give 20m3 free to domestic consumers which is equivalent to RM18 saving for each household.

We promise to review the privatization of the water treatment and the management of the  Water Department to ensure water for all Sabahans and reduce the tariff appropriately without burdening consumers.

BN cannot even handle flash floods at cripples pumps at the Cintamata water treatment plant . For years, the RAKYAT have been waiting for better water supply, consistent, clean and cheaper but was given promises after promises.

I say no more, change the BN’s old style management and give PR new style management to prove that things could be better for all.

What happened to the water tariff review? May 3, 2013

Posted by wong jimmy in Uncategorized, Water.
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Ceramah Awam April 23, 2013

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ceramah awam

Pakatan Rakyat Sabah “Kebangkitan Rakyat” people’s assembly held on 24 November at Kian Kok Middle School November 22, 2012

Posted by wong jimmy in Talk.
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Pakatan Rakyat Sabah Secretariat will be organizing a peaceful assembly with a theme ‘Kebangkitan Rakyat’ at Kian Kok Middle School on 24 November 2012.

The assembly is called to show that Sabahan would not continue to be the fix-deposit of the Barisan Nasional where the people will assemble peacefully to show the people’s power,PR Sabah said in a statement today.

PR Sabah also stressed that the top leaders of Pakatan Rakyat namely Keadilan de facto leader Datuk Seri Anwar Ibrahim, DAP Parliamentary Leader Lim Kit Siang and PAS Deputy President Mat Sabu will be present together with the people to witness the moment of people rises.

The fund-raising dinner for Pakatan Rakyat Sabah will be held also after the assembly is ended, at Star City Convention Centre, 7pm.

The money raised will be used to support the activities of Pakatan Rakyat in preparation for the coming 13th general election.

Pakatan Rakyat appeals to the public and supporters to attend and participate in the both functions. While helping Pakatan Rakyat Sabah they will also be hearing and knowing the latest and current political situation in the country.

The people of Sabah are now well awared of their rights and responsibilities for their future and country. Therefore, let’s come together to join this assembly to show the power of the people, PR Sabah stressed.

As for the dinner session, the dinner tickets are still available and the public who are interested can buy them from each representatives of the party.

For more information, please contact the representatives: DAP Sabah – Mr. Johnny Wong (0168334855), PKR – Dr Kelly Tham (0168293999), PAS – Mr. Ali (0138715971), PPPS – Mr. Narawi (0198805055) and APS – Mr. Stephen James (0198510280).

Kebangkitan Rakyat November 14, 2012

Posted by wong jimmy in Support, Talk.
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Pakatan Rakyat “Kebangkitan Rakyat” dinner on 24 November at Star City Convention Centre

Pakatan Rakyat Sabah Secretariat will be organizing a thousand-people dinner with a theme ‘Kebangkitan Rakyat’ at Star City Convention Centre on 24 November 2012.

The organizing chairman-cum-DAP Publicity Secretary Chan Foong Hin said, the top leaders of Pakatan Rakyat namely Keadilan de facto leader Datuk Seri Anwar Ibrahim, DAP National Advisor Lim Kit Siang and PAS President Tuan Guru Dato Seri Hadi Awang will be present to grace the function.

Mr Chan said that this is a fund-raising dinner for Pakatan Rakyat Sabah Secretariat. The money raised will be used to support the activities of Pakatan Rakyat in preparation for the coming 13th general election. Chan appeals to the public and supporters to attend and participate in this dinner. While helping Pakatan Rakyat Sabah they will also be hearing and knowing the latest and current political situation in the country, he added.

Chan also stated that leaders from Angkatan Perubahan Sabah (APS) and Pakatan Perubahan Sabah (PPS) which are aligned with Pakatan Rakyat are also expected to attend. Of course MP Tuaran Datuk Seri Panglima Wilfred Bumburing and Datuk Seri Panglima Lajim Ukin will also deliver their speech at the function.

Chan said that dinner tickets are now available and the public who are interested can purches the ticket  from the offices of DAP Sabah, PAS, PKR, PPS and APS. The tickets come in RM100 each or RM1000/table, VIP table at RM200 each or RM2000/table and the VVIP table at RM500 each or RM5000/table.

For more information, please contact the ticketing representatives: DAP Sabah – Mr. Johnny Wong (0168334855), PKR – Dr Roland Chia (0168300183), PAS – Mr. Ali (0138715971), PPS – Mr. Nawawi (0198805055) and APS – Mr. Stephen James (0198510280).




Dewan Undangan Negeri Ke 13 (Ucapan/Speech) November 9, 2012

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Dewan Undangan Negeri Ke 13
Mesyuarat Ketiga
Penggal Ke 5
19 Okt 2012- 25 Okt 2012

Speech by:
YB Wong Sze Phin @ Jimmy ADUN N.57 Sri Tanjong

Tuan Speaker

Terima kasih kerana memberi saya peluang untuk membahaskan Pembentangan Rang Undang-undang Perbekalan (2013) yang disampaikan oleh Yang Amat Berhormat Ketua Menteri pada 19 Oktober 2012.

Salam Bersih, Salam Ubah dan salam bersidang kepada semua Ahli Dewan Undangan Negeri Sabah. Ini kalilah.

Tuan Speaker

Saya akan membaca ucapan saya dalam Bahasa Inggeris.

Tuan Speaker,

Before I begin my debate on the proposed State Budget 2013, I would like to take the opportunity to congratulate our Chief Minister YAB Datuk Seri Musa Aman. He is the best ever Chief Minister since BN took control of the Sabah state government in 1994 for two reasons.

1. The Sabah Development Corridor (SDC) has achieved its best performance by receiving RM10 billion in the first half of this year, the highest amount of private investments among all the states in Malaysia.

2. Sabah has yet again earned praise from Auditor-General Tan Sri Ambrin Buang for demonstrating sound financial management in 2011 in terms of maintaining its record of efficient and prudent financial management over the past few years.

But at the same time, I cannot help but feel sorry for our CM. After doing such a good job for the state of Sabah, his approval rating among the rakyat has droped from 60% to only 45%, according to the latest polls by Merdeka Center earlier this month. This means that less than half of all Sabahans approve of his performance despite the heavy drumming up of his many achievements in the mainstream media.

CM Datuk Musa, if I was in your position, I would immediately dissolve the state assembly and call for the state elections to prove that a majority of Sabahans still support your leadership. There is no need to wait for Prime Minister, Datuk Seri Najib, to decide when to call the next general election. Our dear CM, I hereby challenge you to dissolve the state assembly after the tabling of this budget in order to prove your reputation is the best ever CM of Sabah!

However, I don’t think you dare accept my challenge. You are still dreaming and placing false hopes on this newly tabled, so called the best ever budget, to regain the support from the people. For now, we bring the focus back on the budget which you tabled last Friday.

What is about BN state budget?

The CM cum Minister of Finance in his budget speech said Sabah is grateful to Federal Government for the allocation for Sabah. In fact, I feel nothing to be grateful about, due to the very fact that 2013 Federal Budget is one of the worst for Sabah in the last 10 years, receiving only RM3 billion which is 6.5% out of total development expenditure, whereas our population is 11.6% of this country’s population.

CM’s logic that there is a lot of development or that Sabahans have benefitted just because he has been and is going to spend large amount of the state money or how quickly he can spend it! This is all worng!!! Most of the money in previous budgets has  produced little benefit for the people of Sabah. Judging from the poor records of the BN Sabah government, Pakatan is confident that the 2013 state budget will have nothing to shout about.

……Bad management and corruption have continued to keep many Sabahan’s under the poverty line.

Sabah is still the poorest state in Malaysia, hundreds of thousands of Sabahans are working in poorly paid jobs in the Klang Valley, Johor and Penang. Poverty can be seen everywhere within 5km from the centre of Kota Kinabalu! Datuk CM’s own constituency has many poverty stricken Sabahans! What have all the so called good budgets of Datuk Musa done for his own constituents?

Datuk Musa has made too many boosts on the comments from the Auditor General. Behind the façade of so called good management of certain departments, he needs to be reminded of the rampant corruption, deep rooted poverty, bad delivery service, high cost of living and—- his inability to abolish the Cabotage Policy.

Auditor General Report on Sabah concerning old folks home where residents at these homes were sleeping with mosquitoes, bathing with cold water, not fed beyond 5pm and made to eat food that they could not chew or were bad for them. Is this the practice of a government who claim —-“Rakyat didahulukan?”

Therefore, the few departments that have received praises from the Auditor General have done nothing for Sabahans.

–**-Failed Objectives and No Strategy-**

Sabah is an under developed state. We need to improve our very outdated and inadequate infrastructure. Some BN politicians have said, I won Sri Tanjung with the help of the incompetent SESB, Jabatan Air, JKR and Majlis Perbandaran Tawau. Yes, this is indeed true.

What has government done in this regard? Of the 6 objectives of this and previous budgets, the Sabah Bn government, 5 have failed to miserably:
1.   Improve infrastructure – Sabah still has the worst;

2.   Acceleration of achievement of Halatuju – no result as the 2012/2013 Economic Report pointed out, the cumulative committed investment from launch date of the SDC until end of June this year is RM112.0 billion but the actual realised investment amount adds up to only RM12.0 billion, only 10.7% of committed investments in the SDC have been realized. Where is the rest 90% of the committed investors?

3. Development of valuable and high quality youth and human capital – Where the well paid jobs in Sabah? Even pay jobs are not available. This is why so many young Sabahans are working in the Klang Valley and Johor.

4. Eradication of poverty and improve quality of life – Visit CM’s constituency to see plenty of poverty and only his cronies have a good life!

5. Achieved balanced regional development. Except Kota Kinabalu, there is hardly any development. Balanced development does not exist at all!

Not only 5 objectives of this budget doomed to fail. Datuk Musa has no strategy to accelerate economic development for Sabahans, expedite the growth of higher income for Sabahans and innovate the economy of Sabah.

Datuk CM has been too long as the Minister of Finance – the style of his budget is the same every year. There is absolutely no innovation. The worse is that there is no diversification of sources of revenue.

The BN Sabah 2013 budget is boring and has nothing for Sabahans nathing to be happy about becouse……

Datuk speaker
Even though Sabah received praise from the Auditor General, there is no denying that Sabah’s state debt has increased significantly over the past years and now stands at a worryingly high level. Even though state revenue has increased by 236% from RM1.78b in 2005 to RM4.20b in 2010, …..state debt has increased by an even higher rate from RM1b in 2005.. to… RM3.1 in 2010, an increase of 310%.

This prompted the following statement from the Malaysian Ratings Agency at the end of 2011:

‘Despite Sabah’s favorable financial standing in 2010, the state’s public debt was rising at a faster clip of 30.6% in 2010, owing to bond issuances amounting to RM544 million as well as new loans granted by the federal government totaling RM168.0 million during the year. As a result, public debt stock as a percentage of total revenue remained elevated at 73.9% in 2010 (2009: 77.9%).

However, the rapid rise in the debt level may yield legitimate concerns on the state’s ability to repay its liabilities, particularly when the amount of cash balances available in smaller than the size of public debt.

As a result of this rapid increase in debt, debt servicing charges has also increased significantly. For example, debt serving charges amounted to RM92m in 2010 but was projected to increase to RM145m in 2012, an increase of 57.6% in just two years. As a basis for comparison, government revenue was projected to increase by only 22.5% from RM3304m in 2010 to RM4048m in 2012.

Furthermore, according to the 2011 Auditor General Report, Sabah experienced the largest absolute fall in its Consolidated Funds, from RM2.82b to RM2.66b, a fall of RM156.7m, among all the states in Malaysia!

The fact that much of this debt and reduction of Consolidated Funds shows that:

(i) the state government was not prudent in using its budget surpluses for development expenditure;

(ii) the state government was not prudent in minimizing the costs of  projects by open tender…

(iii) the federal government has not played its part in properly funding development projects in the state.

*****Development Benefits Cronies***

Yes, there is GDP growth every year, but the average Sabahan continues to suffer more and more due to cost of living increases. For example, the people of Tawau suffers every day due to traffic jams in Jalan Apas, one of the major routes into and out of the town but the government still has no plans or allocations set aside to construct an outer ring road or a coastal highway.

But a new investment in Sg Burung, Balung, Sipadan Mangrove Resort, located 25km from the junction, has been approved by the Public Private Partnership Unit or UKAS (Urussetia Kerjasama Awam Swasta) and this involves an allocation of RM47 Million to build a tar road for the purposes of benefitting a single resort!

Let us pick another nearer example, the new 1km road to this assembly hall. JKR has announced that the cost was RM14.9 million just for 1km distance! can the minister of Infrastructure explain what make it so expensive to construct this 1 km 2 hala rd which normally costs 2 million?

This highlights the true meaning of what the BN means by Janji Ditepati … tetapi untuk kroni. In the 80’s the government promise to build 4 mile (10 KM) of coastal highway in Tawau but until now is still not fulfilled

And now the government promise to build a coastal highway to Kudat. believve me.. I don’t think this promise will be ever  fulfilled ….even in 100 years of BN ruling.

Tuan speaker,

Concentration of power tends to corrupt

The Ministry of Finance’s allocation has skyrocketed from RM737m in 2008 to RM1.87b in next year, a 263% increase. The combined expenditure of the Chief Minister’s Department and the Ministry of Finance is RM2.59b, constituting 63.4% of the 2013 budget.

Well, thanks to position as Huguan Siou, Deputy Chief Minister Tan Sri Pairin still holds the second highest allocation through his portfolio as Minister of Infrastructure Development with RM560.6m allocated in the 2013 budget. Yet we are not seeing any significant improvement in terms of the overall infrastructure in the state, most notable the road infrastructure especially in the rural areas. The Merdeka Center poll results show that the perception of poor infrastructure is the prevailing point of view among a majority of Sabahans. I am confident that if a approval ratings were to be taken for Tan Sri Pairin, it would not be too different with that of his boss, CM Musa.

The over concentration of the allocations in the hands of the two ministries controlled by the Chief Minister is a reflection of the over concentration of power in the hands of certain UMNO leaders in the state government. The low approval ratings currently enjoyed by the CM is testament that much of this money has not been spent in a way which has benefitted the people of Sabah but instead has enriched a few cronies, mostly those who are closely associated with CM .

Datuk CM  enough is enough. We want real development for our state and real infrastructure improvement. We do not want to have development that only benefits a select few and high allocations given for infrastructure projects, many of which seldom see the light of day.

***Comparing the PR and BN budget***

Even though we in the opposition do not have the same kind of political financing that UMNO receives, of which RM40m of smuggled cash in Hong Kong is just the tip of the iceberg, we are still able to contribute in proposing an exciting alternative budget for the state.

Just to remind the state representatives gathered here today, we in PR Sabah have prepared an alternative budget that promotes financial transparency and accountability, that decentralizes power from CM to the other ministry and local government, that reallocates expenditure away from the Ministry of Finance, that targets social assistance towards the marginalized and which channels much of the increase in oil royalties to infrastructure improvement as well as long term development projects that will distribute wealth and opportunities much more equitably. This is a clear demonstration that the resources of the state government can be allocated equitably, efficiently, effectively and transparently without jeopardizing the state’s financial standing.

As the Pakatan Rakyat budget, which was announced on 17 October, has shown, there is little chance that the BN’s budget can compare with ours, on the simple basis that PR has pledged to increase the oil royalty allocated to Sabah from the current 5% to 20%!

Dear ketuan Mentri  you should perhaps go and seek an appointment with PM Najib in Putrajaya to review the oil royalty and copy PR Sabah’s policy proposals in our budget since there is little chance the BN can come up with a better one.

We will not stop the BN state government from copying our proposals since this will benefit the people of Sabah. I know it is not easy for CM Musa to admit that he needs to learn from us. But at the very least he should consider my following recommendations.

And if you do not want to become the next opposition leader in this Dewan, please follow my advice and take these actions, most notably by asking for more oil royalties from BN federal government in order to compete with us in PR Sabah. If not, you will no doubt regret your lack of actions taken.

****Loss of Compensation

We want to draw attention to a failed promise of the BN government in seeking just compensation from the Federal government for the loss of revenue from revoking the import and excise duties on petroleum products.

This was carried out in 2001 and as promised by the then CM, Datuk Osu Sukam, the Sabah state government would seek RM250m compensation from the Federal Government. But according to the budgets in the previous years as well as the latest 2013 budget, the compensation paid by the Federal government is only RM120m! This means that the Sabah state government has effectively lost RM130m in revenue a year and total RM1.56 billion over the past 12 years!

Not only is the Sabah State government powerless in increasing the oil royalty, they cannot even get the Federal government to pay us Sabahans the proper compensation from lost revenue from the lifting of the excise and import taxes for petroleum products. Perhaps CM  proves me wrong by his actions given his close relationship with Prime Minister Najib and his wife, Datin Seri Rosmah Mansor.


Lastly, my two cents advice for our CM is, please stop practicing corruption! We Pakatan Rakyat confident to cut down 24% out of non fixed operational expenditure once we are voted in government.

If Sabah BN government has been free of corruption, like PR states of Penang and Selangor, Sabah will have higher income, more job opportunities, and zero poverty!

But now, our Chief Minister, Musa Aman, who has been the focus of an international investigation involving allegations of money laundering via Swiss bank accounts in Hong Kong and Switzerland.
This matter has been raised in parliament and was confirmed by the Minister of Prime Minister Department that investigation is done which found that “no elements of corruption” involved and all the RM40 million is the donation to Sabah UMNO.
As you can ask any ordinary man in the street, nobody will be
so stupid to believe it. I hereby urge the CM to clarify on this serious issue:
1. Why did the money brought in or smuggled in Hong Kong airport in Singapore Dollar?
2. Why can’t Michael Chia just TT the money to Sabah UMNO’s account?
3. How can you CM pretend not knowing Mr Michael if he is your donor?

Dear CM, can you swear that the money received is not illegal and you tell the honorable hall today. I know you do not dare to do so. But I am sincere to help to clear your name, by signing Power of Attorney letter, endorsing the criminal complaint by the Bruno Manser Fund (BMF) to allow the Swiss government to investigate UBS AG Bank over the alleged money-laundering on behalf of sabah chief minister.

Thank you

Datuk Speaker,

Sekali lagi saya mohon tidak sokong Rang Undang-undang Perbekalan (2013) kerana ia langsung tidak dapat membantu rakyat Sabah.

Sekian, terima kasih.

YB Wong Sze Phin @ Jimmy
ADUN N.57 Sri Tanjong

Pakatan Rakyat Sabah Budget 2013 October 24, 2012

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Bicara Rakyat/Public Hearing September 4, 2012

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Public Hearing/Bicara Rakyat September 4, 2012

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