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DUN Undangan Negeri Ke 13 (Speech) April 4, 2012

Posted by wong jimmy in speech, State Legislative Assembly.
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Dewan Undangan Negeri Ke 13
Mesyuarat Pertama
Penggal Ke 5
22 Mac 2011- 28 Mac 2012

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

Terima kasih Datuk Speaker kerana memberi peluang kepada saya untuk membahaskan ucapan dasar kerajaan oleh Tuan Yang Terutama Yang di-Pertua Negeri Sabah pada 22 Mac 2012. Salam Ubah and salam Muhibah kepada semua Ahli Dewan Undangan Negeri Sabah. Saya juga bersyukur kepada Tuhan kerana memberi peluang kepada saya untuk hadir di persidangan Dewan Undangan Negeri Sabah dan diberi peluang untuk mengutarakan isu-isu penting daripada prospektif rakyat jelata maupun kerajaan.

Saya minta izin untuk bahaskan ucapan saya dalam Bahasa Inggeris.

Datuk speaker,

First of all, I would like to register my total disappointment on the part of government for failing to address many issues of Sabahans concern. Particularly the BN government fail completely in making a serious political commitment in this Dewan yang Mulia to support the urgent need of setting up a “ROYAL COMMISSION OF ENQUIRY (RCI)” to resolve the critical PTI issue which are supported by all the political parties except one vested party in Sabah and is highly recommended by Parliamentary Select Committee on Electoral Reforms Chairman, Dr Maximus Ongkili.

The government brags of spending 75.5% of State development fund and 74.9% of the Federal development fund under the 2011 budget but it fails to provide tangible and convincing proofs of such development. More importantly, the government never informed Sabahans how effective it has spent the money. High percentage of spending means nothing. Sabahan want concrete results, creditability and honest in spending the tax payers’ money. Sabahans know that a large amount of State and Federal Funds have disappeared into the pockets of some people. Otherwise, how can after billions of Ringgit spent, Sabahans are still facing so many problems?

The government has failed miserably on eradicating poverty, just look at the sheer number of recipients of BR1M500. What it shows is the very poor performance of the state of our economy where prices of consumer goods are rising much faster than the stagnant wages and income. The people are desperate and unashamed to come forward to collect their BR1M500 which most recipients feel that it is their money in the first place. The people are unhappy because their money is now been distributed to the “new bumiputra”. Without these new bumiputra the BR1M handouts in Sabah could be more than RM500.

The government is reluctant to address this “new bumiputra” issue in depth. They have taxed our system such as education and health care very heavily. Genuine Sabahans are being deprived of quality services because of there are so many of these bumiputras. I know that some of them have been making “special free medical visits” because they can better attention for free! Genuine Sabahans are not enjoying the richness Sabah is generating. They have penetrated our security and education systems, intrude into our way of life and slowly but surely moving towards a reverse takeover of our country. If the Federal Government is refusing to take decisions to solve this problem, it will in effect, be handing Sabah to the Philippines without it making a claim! What is there in it for the government of UMNO and BN in this issue? Is a political advantage by using them worth it? As a responsible elected representative of Sabah I will continue to highlight this issue in the hope of spurring the present Government leaders to wake up from their sleep and start to protect the sovereignty of our State and Country. I can only tease the present government leaders and hope their conscience will get the better of them.

I am surprised that the government has failed to address the NCR issue. NCR should be respected and honoured. The government should strive hard to provide indigenous people or the natives with titled land to their names so that they will be independent and self-reliance. They can mortgage the land to raise capital for their business ventures or toil the land and make it productive and profitable. By empowering them, the government will not insult their dignity by dishing out financial assistance in the form of BR1M.

The social assistance rendered for family, women and the handicaps are government obligation. I agree with the government on the development of quality and innovative human resources. Unfortunately, it is just lip service. The government stated that the unemployment rate has decline to 5.4% in 2011. What the government fails to reveal is how many Sabahans especially the youth have left the shore to look for greener pasture in other parts of Malaysia or other countries? How many brilliant Sabahans have decided to stay put in other countries and help that countries to progress? While the new bumiputras are remitting millions back to their country of origin, we are practically saving them in their new adopted countries.
Datuk Speaker,
Let me address some of the issues that the government has failed to mention in its policy address.
Native Customary Rights (NCR)

Datuk Speaker

As a Sino-Native, I will start my speech by touching on the Native issue. Indeed I have just touch the raw nerves of many YBs in this house by proclaiming myself as Sino-native. Unless and until the government makes a stand on my native certificate, I shall remain a Sino-native. I am prepared to face the power that be, in this UMNO-led BN government and likewise, I shall continue to highlight the “benefits” that the BN government is giving to illegal immigrants in Sabah against me, the interest of other genuine natives and other genuine Sabahans.

On 30th – 31st January 2012, the KadazanDusun Chair at University Malaysia Sabah (UMS) and PUSAKA jointly organised a seminar on Native land reform. A native land tribunal was recommended by the Chief Justice of Sabah and Sarawak Yang Amat Arif Tan Sri Richard Malanjun to be established. I’m strongly support his recommendation.

The natives of Sabah are the true son of the soil. They existed with their own unique and peculiar customary laws and regulations which led to the establishment of the Native Court of Sabah (formerly North Borneo). Being far-sighted, the Native Court has provision to allow children from a mixed marriage between a Native and non-native to be certified as native and enjoys the privileges and rights as a native of Sabah. One of the special rights is to own or possess native land titles, and to claim land under the Native Customary Rights (NCR).

The seminar which was participated by imminent judges, lawyers and academicians gave a frank overview of the native prospective. We were informed that the definition of a native in Sabah is vague, and there is a difference between the Federal/State Constitution and the Native Ordinance. The government must resolve this issue first before moving further to discuss about native rights.

The seminar also revealed that the issuance of the native certificate is the domain of the Native Court. Indeed, any verification of a native certificate should be through the Native Court. I have no doubt about this matter and I would like to go further to ask the government to quickly consolidate the Native Court by erecting its own administrative and Court houses so that native justice can be dispensed. The Native Court of Sabah to me is the link or a bridge between the indigenous people and the land.

Sabah Attorney General Datuk Roderic Fernandez has done injustice to the Natives of Sabah by proclaiming that there is no NCR land after 1931. This is in allusion to the Sabah Land Ordinance 1930. Let me remind the AG that his statement has angered the Natives of Sabah but I am also thankful to him for awakening the Natives.

Like many others I beg to differ on what Roderic Fernandez has publicly stated. There is one cardinal point which he appeared to have missed and that is, there was no Land Ordinance when the indigenous people, the Natives were roaming the country. To put it simple and clear, land before 1930 is all NCR land and land after 1930 is also all NCR land. The government can only acquire land after the Native Court has cleared the status of the land or approves it because it is for the benefit of the people in general.

For example, The Crocker Range is an NCR land. The people have been using it for gathering food and medicine, hunt, fish and extract timber for their houses. They undertook shifting cultivation and continue to do so until today. With the introduction of rubber, they now tend to stay put on the land.

They settle along rivers and sell their agricultural produce to the town or to middlemen. Then the government decided to gazette the Crocker Range as Sabah Park’s property causing many villages to be illegal and disrupting their way of life.

By right, the government should seek the assistance of the Native Court to convert this NCR land (Crocker Range) into a Parks. No doubt, the government can best protect and conserve this parcel of land which is an important catchment area. The Native Court would then work out an amicable and acceptable agreement for the indigenous people before gazetting it as a Parks. By following this system, all parties are happy and happily help each other to ensure the Crocker Range is protected and conserved while the indigenous people way of life is also preserved.
Amendment to Section 9 of Sabah Land Ordinance 1930

Datuk Speaker

I am proposing that Section 9 of the Sabah land Ordinance 1930 be amended. The effect of Section 9 being so wide in nature is that the powers to alienate land rest on the Cabinet and the Director of land & Survey alone. The Director has no absolute power to alienate land however if the Cabinet does not give directions to him then he can do what he thinks fit. In practice the Director has all the say.

This is what transpired. Many land applications from indigenous people are not processed and the office can always say that they are not complete. However the land offices make no attempt to inform the applicants about their applications. So while waiting the land is given away to big Corporations and well-linked individuals. The natives challenge the decision in Court only to be told by the Director that it is his discretion under Section 9 of the SLO. This is where the term “land grab” has been coined.

I hereby proposed that that Section 9 of the SLO be amended whereby clear criteria for alienation of land should be incorporated. This will give a statutory duty on the part of the State Cabinet and Director of Land and Survey which must be complied failing which any aggrieved person can go to court for remedy or for judiciary review. If it is beyond my capacity as Assemblyman to propose this amendment I then sincerely request the Minister concern to do so.

I would like to propose that the Sabah Land ordinance be amended once and for all, especially the relevant sections referred to by the state AG. This is because despite what the AG said is his opinion, but it is very obvious that when cases goes to Court and the AG is to represent the state government, the AG will be presenting the same arguments before the Courts, hence we can take it that what the AG said on NCR is the State Government’s position.

The other section that needs to be amended is section 9 of the Sabah Land Ordinance. This section basically provides that “subject to any general or special direction of the Cabinet the Director may alienate State Land on such terms or in such manner as is authorised by this ordinance and may also impose special conditions in respect thereof to be set out in the title”.

The effect of this section being so wide in nature is that the powers to alienate state land rest solely on the cabinet and the director alone. In practise, the director has all the say. So what we always ended up is that state lands are given to big corporations at the expense of individuals and especially the natives. We are also faced with the situations of natives (mostly kampung folks) having been on the state land for generations but still do not have titles simply because the director of lands and survey decides to give to big corporations for oil palm purposes. We also have natives applying for the land titles for generations after generations but will never get it, but when big corporations apply for the title, they get it within 2 years, mind you, some even get it within 6 months!

There is even one case, where the YB for the area even distribute seedlings to the kampung folks to plant on the state land, provides generator and etc for the natives to clear the land. After all these effort, the natives or kampung folks doesn’t get the land title! So its a case where the natives clear the land (spend the money and the effort) but somebody else gets the title!

“ Lembu punya susu, sapi punya nama!”

I’m not referring to the NFC scandal. This got nothing to do with the NFC scandal.

The lawyers represent these natives challenge the director of lands and surveys department in court for issuing those titles to big corporations within 6 months or 2 years of application, compare to the natives that have applied for the same for generations after generations. The State AG (representing the government) will merely raise section 9 of the Land Ordinance which merely says they have the discretion!

Sometimes there are cases where the natives’ application (generations ago) were said to be incomplete that’s why they don’t get the land title! But these were never mentioned to the natives when they kept making inquiries at the land office. Then somehow, somebody else gets the land after 6 months of applying! All these is the results of land grabbing!

Therefore, section 9 has to be amended to add in criteria’s for the Director of Lands and Surveys to follow, failing which the issuance of title by the Director can be challenged in court as not being bona fide.

However, I would like to propose the following criteria to be considered in the amendment:

Criterias:-

1. Priority should be given to the application first come in time.
2. Priority only and always given to genuine local Sabahan.
3. Priority should be given to people who has occupied the land or to people who was already on the state land for a number of years.
4. Priority should also be given to people who has open up or cleared the state land and has planted with trees of value and etc.
5. Directors must give good reasons for awarding the titles to a particular person or corporations (which must be local genuine Sabahans).

Failure to adhere to these criterias means that the Director’s decision to award the titles is not done “bona fide”.

Obviously further details and studies (like getting all lawyers to submit their proposals) need to be done but for now, the government must acknowledge and agree that this section has to be amended to avoid abuses. If the BN assemblymen do not support into this, then obviously they are not for the rakyat but for themselves, why, because their families and cronies are also getting these lands at the expense of the rakyat. I have the evidence (sworn in an affidavit) in one of the cases that one of my legal advisors had handled.

1. Proposed amendment to Section 9 that West Malaysians and foreigners are also eligible to apply land in Sabah. This is not right. I would suggest only Sabahans are eligible to apply lands in Sabah. Outsiders are prohibited to apply land in Sabah. Any Sabahan using company to apply land should not be allowed to sell the company to any outsider for quick profit. So there should be a heavy penalty for sale within a certain period of time after the development of the land.

2. There must be transparency for all land applications. In the past decades so much lands have been given to those with well political connection and those people in power. They invariably use nominees. Big chunks of land have been given to 2 ringgit companies with nominee shareholders. So it should be mandatory for all applications to be published in Sabah newspapers with well circulation and government websites to give all stakeholders and natives (in the case of NCR) to right to object.
Water issue
Datuk Speaker,
I would like to raise up the issue for water again. (to show Borneo Post newspaper on Water Tariff Review)

Following the promise made by Minister of Infrastructure Development, Tan Sri Joseph Pairin Kitingan, on the water tariff review, after the previous assembly seating, I would like to direct my question to our fellow Minister, what is the decision of water tariff review? Any progress of the said review or it ends up as empty promise?
It was reported in Borneo Post dated 16th July 2011, Sabah Water Department director Ag Mohd Tahir Mohd Talib said that NRW rate for Sabah as at March 2011 was 51%, which decreased from 76% in 2010. It indicates that half of the water treated and produced, would not been supplied to the end user and merely discharge to drain. What a waste of clean water!
According to the Non Revenue Water (NRW) study carried out by Association of Water and Energy Research Malaysia (AWER), Sabah continue to leak out money to the drain at alarming rate, with the record of 195 million m3 NRW , which cost us RM175.4 million in year 2010. If we look carefully at the figure for last 3 years consecutively, Sabah water losses equivalent to RM150.6 million in year 2008, RM142.4 million in year 2009 and increase to RM175.4 million in year 2010. Maybe it won’t surprise us if the NRW cost us more than RM200 million in year 2011! Total amount of NRW for 3 years is RM468.4 million. That is enough money to build the Tawau water dam and run the Tawau Mitigation Plan.
The largest waterworks or water treatment plant of Sabah is located in Penampang, which is designed for 165 million liter per day (MLD) production. Just imagine what does it mean by 195 million m3 water loss in 2010. It equals to 3 units of water treatment plant of this size!
It is pointless to keep building new water treatment plant to increase production but at the same time loss half of the treated water along the transmission and distribution pipes. For instance, we do not need to construct any dam in Kaiduan for the near future. Just focus on reducing NRW. We can tackle several issues by just focusing on NRW rate reduction. It can avoid destruction of greenery in Kaiduan, Penampang, avoid relocating people from their ancestral lands, and patch the hole in the State Treasurer’s pocket.

The issue of NRW affect the revenue of Sabah Water Department. Between 1993 and 1999, the state government had entered into three water privatisation deals with private companies for water production but the kept distribution and billing under the state Water Department. It means that the water concessionaires treat and supply water at the outlet of the plant at 100% of it’s production, then Sabah Water Department loss half of the water bought from these privatised companies to the drain. It makes Sabah Water Department always trapped in the deficits.
How much does Sabah Water Department owe to private water concession companies now? From historical record, it was reported in The Auditor-General’s report for year 2004, Sabah owed RM888.0 million to the water concessionaires. In year 2005, it was reported that Sabah Government owed about RM1.21 billion to three water supply concessionaires up to September that year. It was official figure, disclosed by the then Energy, Water and Communication Minister Datuk Seri Dr Lim Keng Yaik. According to Lim, he was informed that the Sabah Government could only afford to settle a third of the debts every year. The debts are aggravated by the imbalance between income and expenditure of Sabah Water Department. Again, I would like to direct the question to our Chief Minister and Minister of Infrastructure Development, how much our state water department debts now?
We need to look for serious solution to solve the problem of high NRW rate. It is the root cause to other water related issues, such as the highest water tariff in Malaysia, 90cent per m3. Perhaps government try to strike the balance of account by charging the highest water tariff to his own people. It is useless and pointless if the NRW rate as high as half of water production. It was reported also state government re negotiate with the concessionaires to settle the outstanding debts. Re negotiation on the bulk supply rates with those concessionaires to reduce to a more reasonable rate is going on as well.
Sorry to say that, all of these approaches won’t solve the root cause of the problem. In the first place, why does our state government intend to make the deal with these private companies? Is it a short cut to get rich by obtaining the concessions? Does it open and transparent when awarding the concession? In fact, from the point of technical difficulties, why don’t Sabah Water Department take up the responsibility of treating the raw water and supply to the private companies? And then, the private companies will only responsible to distribute it to end user? With the reverse position, don’t you feel that those concessionaires have the incentive to cut down the NRW rate?
Datuk Speaker,
I call upon Barisan Nasional to learn from Pakatan Rakyat. In Selangor, PR state government offer to buy over all four water concessionaires for RM9 billion early of this year, in order to protect the interest of it’s rakyat. I heard that some of the water concessionaires contracts will be ended up the soonest by the year 2013, after 20 years from 1993. I urge state government to buy over water concessionaires and by managing the NRW down to a reasonable rate, say 30%, we can further reduce the water tariff of state, which is the highest in the country. I direct a serious warning to our state government: don’t try to make a fool with rakyat to continue with the water privatisation contract, without reducing NRW rate and revise the water tariff some more higher!
Datuk speaker
On the Water Tariff Review by the Ministry of Infrastructure Development, I hope the new tariff will be lower for domestic consumers so it would not burden them especially the lower income group.
It is not fair to charge a flat rate of 90 sen per cubic meter of water for both domestic and commercial sectors.
Domestic user should be charge lower as these groups do not use a lot of water and normally they are poor and from the working class. I hope the ministry could lower the price to as low as 22 sen per cubic meter up to 20 m3 of water in line with Penang. The water tariff in Miri, Limbang, Sarikei and Kapit is only 48 cent for up to 15 cubic meter of water usage (for domestic rate).

Water Tariff Rate for Domestic/Household use (price as in September 2010):

1. Sabah -RM0.90 For every 1m3 (cubic meter) Flat rate

2. Pahang -RM0.37 (From 0 to 18m3)
-RM0.79 (18.1-45m3)
-RM0.99 (above 45m3)

3. Perlis -RM0.40 (0-15m3)
-RM0.70 (15.1-40m3)
-RM1.10 (>40m3)

4. Sarawak
Kuching -RM0.48 (0-15m3)
-RM0.72 (15-50m3)
-RM0.75 (>50m3)
Sibu -RM0.46 (1-15m3)
-RM0.72 (15-50m3)
-RM0.76 (>50m3)
Bintulu -RM0.61 (0-14m3)
-RM0.66 (14-45m3)
Miri/Limbang/Sarikei/Kapit -RM0.46 (0-14m3)
-RM0.72 (14-45m3)
-RM0.76 (>45m3)

5. Perak -RM0.30 (0-10m3)`
-RM0.70 (11-20m3)
-RM1.03 (>20m3)

6. Pulau Pinang -RM0.22 (1-20m3)
-RM0.40 (20-40m3)
-RM0.52 (40-60m3)
-RM0.90 (60-200m3)
-RM1.00 (>200m3)

7. Kedah -RM0.40 (First 20m3)
-RM0.70 (21-40m3)
-RM0.90 (41-60m3)
-RM1.10 (>60m3)

8. Negeri Sembilan -RM0.55 (0- 20m3)
-RM0.85 (20-35m3)
-RM1.40 (>35m3)

9. Johor -RM0.38 (0-15m3)
-RM1.31 (16-30m3)
-RM1.82 (31-45m3)
-RM2.20 (46-100m3)
-RM2.23 (>100m3)

10. Melaka -RM0.55 (0-15m3)
-RM0.85 (15-40m3)
-RM1.33 (>40m3)

11. Terengganu -RM0.42 (0-20m3)
-RM0.65 (20-40m3)
-RM0.90 (40-60m3)
-RM1.00 (>60m3)

12. Selangor -RM0.57 (0- 20m3) under the Pakatan Rakyat ruling,
its now free
-RM1.03 (21-35m3)
-RM2.00 (>35m3)

The ministry should not drag the tariff matter just like the water dam in Merotai as water is a very important basic need of the rakyat.
Year in and year out, the water problems faced by Tawau and Kalabakan areas has not been solved effectively though the ministry knows the problem, but only gives promises.
Even flash floods could cripple the water plant at Cintamata, Merotai, making the rakyat suffer for days and even weeks without water. what a total shame n ridicules to this stupid efficient BN government can’t even provide sufficient drinking water during the last Chinese new year?
The rakyat hope to hear the good news from the ministry and from the government hopefully the good news that the water dam works will start soonest. Don’t keep the people suffering any longer and waiting any more do it now! After all you hv a big 4 billion state budget! Stop the stupid 388 millions Administrative building UTAMAKAN RAKYAT FIRST >>>WATER DAM<<<<<

Royal Commission of Inquiry (RCI) on illegal immigrant

Datuk Speaker

I must also raise the Royal Commission of Inquiry or RCI on illegal immigrant in Sabah. I know it is a pain in your ears more so for the Chief Minister and his Cabinet Ministers. Please bear with me.
The PM was supposed to announce the setting up of the RCI during his February visit but not very surprisingly, failed to do so. It was stop by the Sabah UMNO leaders. I know the heartache felt by Huguan Siou Tan Sri Pairin Kitingan and Datuk Donald Mojuntin and I sympathise with them.

Let me be brief on this subject. I have no hope that the RCI will be established by the BN government. I can however confirm here that this elusive RCI will be established as soon as Pakatan Rakyat takes over Putrajaya. I therefore call on all the concerned political leaders especially the non-UMNO BN component parties to search your conscience and do what is best and right for your people. You decide what legacy you want to leave behind.
Golden Son of the Kadazans

Datuk Speaker,

I am saddened that our State leaders such as the late Datuk Peter Mojuntin is not given due respect by the government. I see no reason why a book to his name entitled “The Golden Son of the Kadazans” continues to be banned. If the ban on a so-called controversial book called “Malay Dilemma” by Tun Dr Mahathir can be lifted I see no difference in this case.

For me it is better to be inspired by such books rather than been bombarded with Sodomy I and II by the BN government.

Datuk Speaker

I seek your support and the government to assist in lifting the ban on a special book “The Golden Son of the Kadazans”. The Natives of Sabah especially the younger generation deserve to know this man better. What is the point of having his stature in Donggongon Township when the young people do not know him at all?
Railway development

Datuk Speaker

The Sabah Railway was established on 01 August 1914 with a vision to enlarge and supply quality and efficient railways services and a mission to provide safe transportation for passengers and goods. The main reason the British constructed the railway track and provide railway service is to transport goods such as tobacco and rubber out from the interior of the country. It was purely an economic consideration. The railway service is a very important means of transportation. I think it is the cheapest and safeties method of moving people and goods. I am saddened to see the decline in this sector.

In the Sabah 2012 budget the railway department has been allocated RM33.5 million from the Federal government. Unfortunately, we are not seeing any improvement in the service. For the record, the British built the Bukau – Weston sector from 1886 – 1900, a time frame of 14 years. Later within a period of 1900 – 1906, the British has constructed 154km of track. This means that they were building the track at 70 meters per day. What is Sabah Railway department’s performance?

I would like to ask what happen to all the projects that are supposed to be implemented by the Sabah railway department under the 8th Malaysia Plan. In the Auditor General report 2006 there were:

(i) Plan to modernise the railway from Tanjung Aru to Tenom at a cost of RM385 millions.
(ii) There was a RM300-million project called shuttle service from Padang Merdeka to the Airport and Putatan with eight stations to improve public transport.
(iii) There was a RM313 million project to rebuild the Tenom-Melalap sector and to construct a new 42km Tenom-Keningau track.
(iv) The department had planned to build a RM210-miilion track from Putatan to Sepanggar Port and KKIP.
(v) There was a plan for a RM40-million railway track connecting Tenom to Simpangan, Agriculture Park and the Murut Cultural Centre.

Today we are looking at the Aeropod project which looks very impressive. I hope it is not another project with a hidden agenda. I think the company is only utilizing government land to make money and I stand to be proven wrong.
Infrastructure Development

Datuk Speaker

I must once again bring to the attention of the government of the poor infrastructure in Sabah. After 48 years of independence and under the BN, Sabah is lagging behind in infrastructure development. The government can claim that it has built roads, provide water and electricity. I am not doubtful on their claim but Datuk Speaker, look at the quality of the roads and the reliability of the water and electricity supply. Are all the villages connected by road and supplied with water and electricity?

I am very surprise why Datuk Speaker is not complaining about the road from Kota Kinabalu to Kota Belud, and why YB Teo is not complaining of the road to Kudat. I am singling these two YBs because they do not have the privilege to fly to their respective constituencies. I ask them if they feel safe when driving back to their kampongs. Remember, “malang itu tidak berbau” (which is literally means accident has no smell).

Let me remind the government especially the Chief Minister that talking about a big budget is useless if on the ground, the people are suffering and living in danger with the poor quality roads which are full of potholes, depression and landslips. Do you realise that the dental patching is unable to catch up with the potholes? After 48 years of independence, Sabah does not even have a four-lane highway.

I am raising the water issue once again. I know it is painful to hear what I am saying but rest assure I am doing it not only for myself but for the rakyat, including our visitors from overseas. I know the rich people can afford mineral water and also install the best water purifier for their homes. Others make do with dirty water or water from God-given rain. I appeal to the government to seriously look into our water supply as quality and quantity have not improved a bit.

Briefly, I think the government has failed to provide the basic infrastructure in terms of our roads, water and power supply, and drainage. Because they are basic, they must be good, reliable and consistent and available throughout the country. The development of any country depends on its basic infrastructure. It is every government responsibility to ensure basic infrastructure is in place in the country. I am surprised that the government cannot feel the inadequacy of these basic infrastructures. The rakyat can see and feel them.
Datuk Speaker,
The government spent 75.5% of State development fund and 74.9% of the Federal development fund under the 2011 budget. So much money spent, yet it doesn’t mean quality of the work is guaranteed. A lot basic infrastructure is yet to be built. Some of the present infrastructures are in sad condition. What we want to know is, what is the percentage of these project having faulty condition and require constant repairs? Is the local engineer is up to the standard? Or there’s some kind of conspiracy at hand. Is there any guarantee or warranty period for each of the project implemented?
I would like to raise some issues regarding promise made in Batu Sapi by election. The prime minister himself made a promise to implement the Sibuga Bypass project. The people are still waiting in vain.
Internet accessibility and upgrading the internet service is the basic requirement of modernization development. I suggest that these services to be privatize as to create a partnership of local companies with foreign companies with a greater knowhow in such communication technologies. Concession system such as this can help improve the internet capacity whereby the government does not need to spend a single cent.
Recently, Tawau condition become grim as the electricity and water problems becomes more rampant than usual. It’s all because of copper. Thieves are getting bolder or perhaps desperate to look for quick cash by selling items made from copper to scrap iron dealers. Cables and valves made from copper are being stolen, causing power outage and the uncontrolled water pressure causes pipe to burst here and there. Of course, it is the rakyat who suffer the consequences. What is the government going to do in order to solve this problem? I hope that the government and the police department can come up with a plan to stop all this once and for all. The government is making losses and so does the rakyat. It’s a lose-lose situation. Again, what is the government going to do about this?
What is the point of having a RM388 million administrative building which is now in a hurry to complete? Is that utamakan Rakyat? Does it ever cross your mind that if you put all the ministers and departments in one BASKET (in ONE BUILDING) is it a good idea? Doesn’t the government ever think that there is a possibility that a suicide bomber may one day come into the building and bomb it? The consequences will render most of the ministers, officers and staffs killed or injured. In that event, the Sabah government administration will surely collapse.

I also want to ask the government several questions?

What is the point of handing out BR1M RM500?

What is the point of issuing communal lands?

What is the point of building more commercial centres?

They are pointless unless the basic infrastructure is in place, proper and in good condition.
Investment in Lobster or money laundering
Datuk speaker
In recent years, the government seems to be more interest in running business rather than improving the life of the people. Government programs like Kedai Rakyat 1 Malaysia and Program Menu 1 Malaysia is actually the government competing with rakyat, how can the government do this. The government should help the rakyat not trying to take over businesses and monopolise businesses. This is insane and madness.
Last Saturday, The CM announced a RM2 billion joint venture lobster project between Inno Fisheries Sdn Bhd and Darden Inc that expect to reach sales up to RM 3 billion by 2025. It is good if the government create a conducive business opportunities. But, I warn the government not to get involve in business. The government is responsible for taking care of the rakyat. Let the private sector take care of the business. This is because we are talking about the money of the rakyat. The government involvement in business will be like throwing the rakyat money into the ocean or gone with the wind. Past records proof that Government Link Company (GLC) does not make any profit at all. For example, Sabah Forest Industry, Sabah Shipyard, Sabah Bank, Sabah Finance, SaMel Plantation Sdn Bhd, Malaysia Airline System (MAS) and Port Klang Free Zone (PKFZ). I want ask what happen to the joint venture between Sabah state government and Melaka state government in SaMel Plantation Sdn Bhd. Is the company making profit or losses? A clean and efficient government must not involve in business.
The government should focus more on the people’s needs such as reevaluate water tariff, insufficient electricity, roads maintenance and other basic infrastructure. The most important matter for the government to attend to is the PTI issue. Stay away from sand mining, cement, ports, oil plantation or lobster. What if the project fails? Who is going to pay for it? The answer is the rakyat. The people of Sabah will suffer for the incompetency of the government. Why can’t the government use the money for more important thing like developing and improving the basic infrastructure of the country which will in turn improve and develop the state in terms of economy, social and technology of Sabah. This of course will benefit the rakyat and the state as a whole.
Now let me tell you the truth about GLC that always lose money. It’s because GLC is created by the BN cronies to makan duit rakyat not making money for the rakyat. For me, it’s the same reason behind this lobster project as well. The lobster project will only benefit the BN cronies and probably money laundering is involve as well. Maybe the CM can elaborate further after this. The government should let the private sector take the opportunities rather than doing it yourself. For that I’m not favour in this project.
Let me tell you the success story of the 4 Asian Tiger, namely South Korea, Taiwan, Singapore and Hong Kong.

A team from the Organization for Economic Cooperation and Development or O.E.C.D. has just come out with a fascinating little study mapping the correlation between performance on the Program for International Student Assessment or PISA exam which every two years tests math, science and reading comprehension skills of 15-year-olds in 65 countries and the total earnings on natural resources as a percentage of G.D.P. for each participating country. In short, how well do your high school kids do on math compared with how much oil you pump or how many diamonds you dig?

The results indicated that there was a significant negative relationship between the money countries extract from national resources and the knowledge and skills of their high school population. This is a global pattern that holds across 65 countries that took part in the latest PISA assessment. Natural resources and PISA don’t mix. In countries with little in the way of natural resources like Finland, Singapore and Japan, education has strong outcomes and a high status, at least in part because the public at large has understood that the country must live by its knowledge and skills and that these depend on the quality of education. Every parent and child in these countries knows that skills will decide the life chances of the child and nothing else is going to rescue them, so they build a whole culture and education system around it.”

K. R. Sridhar, the founder of the Silicon Valley fuel-cell company Bloom Energy said, “When you don’t have resources, you become resourceful.”

That’s why the foreign countries with the most companies listed on the Nasdaq are Israel, China/Hong Kong, Taiwan, India, South Korea and Singapore, none of which can live without natural resources.

The only sustainable way to grow is by giving more people the knowledge and skills to compete and enable the country to reach a higher level.

Natural resources can make you rich but it will weaken the society in the long run unless they’re used to build schools and create a culture of learning. South Korea, Taiwan, Hong Kong and Singapore, is part of a select group of outstanding Asian economies known as the “Asian Tigers”. These places have risen out of extreme poverty to become some of Earth’s richest nations; they stand as proof that extreme poverty is not an excuse, measures can be taken to make populations astoundingly wealthier over the course of just a few decades. Let’s look at how the Four Asian Tigers became so successful.

South Korea gradually became one of the best educated countries in the world, with one of the highest rates of scientific literacy and mathematical knowledge. It’s highly skilled, technologically educated public eventually making South Korea become one of the world’s foremost exporters of high-tech goods, including software and electronics; South Korea is the world’s leading producer of memory chips, and its Samsung Company is a corporate giant which exports various electronics including televisions, microwaves, cell phones, air conditioners and washing machines.

Taiwan invest and implement the “Ten Large Construction Projects” which included the building of highways, seaports, airports and power plants to improve it’s basic infrastructure. Taiwan also invested in technological education, creating a generation of students familiar with high-tech products. Both of these investments caused Taiwan’s exports and industrial production to grow rapidly. During the 1980s, Taiwan used its skilled students to shift to an economy based on production of computer hardware and software; by 2003, 30% of the world’s computer products were made in Taiwan, and incomes were relatively high (averaging $14,000 per person). Good infrastructure and a highly educated population make Taiwan one of the most prosperous economies in all of Asia.

Singapore used its geographic position to its advantage. It invested in key infrastructure (especially seaports) which made it easier for ships to dock along the Singapore coast. The region immediately became a haven for petrochemical refineries; ships carrying oil from the Middle East to Japan and China would simply stop in Singapore, refine the chemicals, and continue on their way. Singapore used this original surge in wealth to invest in public education; soon, it had a skilled workforce able to attain high-paying jobs in the computer engineering sector. Singapore soon became a major exporter of computer hardware and biotechnology, generating further wealth in the region. Currently, Singapore is the ninth wealthiest country in the world in terms of national wealth per capita. The Port of Singapore is currently the busiest in the world, transporting one fifth of all shipping containers and half of the world’s annual supply of crude oil.

Hong Kong use it’s wealth to build vital infrastructure, including highways, subway systems and high-rise buildings at breathtaking speed. As Hong Kong families became wealthy, they send their children to school, causing the city became rapidly well-educated. Hong Kong soon became one of the world’s leading manufacturers of high-tech products, including computer hardware, software and other electronics such as televisions, radio and microwaves.

The government can invest this tax money in health (investing in hospitals which allow people to live longer and be more productive), education (universities and scholarship), physical infrastructure (roads, railway and ports) and state-of-the-art technology (Wifi and internet access) for their citizens.

Good infrastructure and education system increases the competitiveness of the country and attract foreign direct investment (FDI). The wealth generated by this FDI is used to further improve health, education, infrastructure and technology and then generating more wealth through FDI. This cycle continues until the country becomes very rich.
Rubber Prices

Datuk Speaker,

The Sabah Rubber Industry Board (SRIB) is a one-stop agency involved in all rubber related activity for rubber smallholders in Sabah. It strives to achieve its vision to create a modern, progressive and dynamic rubber industry with a mission to develop an integrated rubber industry through efficient management of smallholder sector, increase commercial production and diversification of downstream industry for competitive global market.

SRIB cannot hide under the guise of this beautifully written vision and mission statements. The smallholders are complaining that SRIB is not paying them out cash for their produce and if middlemen are involved, they are getting lower payment. Has SRIB resolved this matter? In the Sabah Budget 2012, the Federal government has allocated RM5 million to SRIB. Why is SRIB having problem paying cash to the smallholders?

The smallholders are complaining of lower price of rubber compared to Malaya and Sarawak. SRIB has explained of the price difference between Malaya and Sabah is due to following:

(i) The freight and transhipment cost in Port Klang or Singapore for onward port designations in China, India, Europe, America and Australia,
(ii) Lack of mother shipping from Kota Kinabalu to designations in importing countries.
(iii) SRIB also said that industrial diesel in Sabah cost seven cent per litre more than in Malaya.

I share the sentiments of the smallholders that SRIB’s explanations do not hold water at all. How then do we explain the better price of rubber in Sarawak when it is no difference from Sabah? We therefore cannot blame our smallholders if they are looking at Sarawak to sell their rubber product.

Knowing the problem and the cause of the high freight and transhipment cost, it is prudent for the government to seriously demand of the Federal government to abolish the Cabotage Policy. There are too many people in Malaysia earning less than RM3000 ringgit which is proven through the BR1M500 handouts. The abolishment of this Cabotage policy will leave more money in the people’s pocket in Sabah.

Cabotage Policy

Datuk speaker

The finding of the independent study ‘to address the high cost of logistics expenses in Sabah.’ Commissioned by the Ministry of Industrial Development, Sabah in 2009 revealed that the Cabotage Policy does contribute to the high shipping cost.

The existence of the Cabotage Policy does not augur well in terms of attracting investments into Sabah. Until the cost of doing business in Sabah is reduced to a reasonable level and prices are standardize throughout Malaysia. Sabah economy will remain backward and the industries and players cannot help achieve the USD15,000 per capita income. The nation cannot keep protecting the domestic shipping lines under the Cabotage policy, subsidies, tax exemptions and comfort zone at the expense of the industry and the people of Sabah. Open up free market will benefit all. If Sabah develops, more cargoes will move around businesses will grow, so does all the business activities in Sabah. Malaysia Shipowners Association (MASA) never present the reason as to why full liberalization between peninsular Malaysia and East Malaysia or abolish of Cabotage Policy is a threat. Unless, there is a hidden agenda behind all this. The Transport Minister Datuk Kong Cho Ha is trying to hoodwink Sabahans on the country’s shipping Cabotage Policy. How could there be a misconception and misperception among the people in Sabah when the main player in the business industry, the Federation of Sabah Manufacturers, has called for the liberalisation or even scraping of the policy as it does not benefit the domestic shipping lines? Even the Prime Minister has stated that it makes sense when the business community in Sabah requested him to allow Sabah to export directly during a luncheon with the Sabah Chinese community leaders in Kota Kinabalu sometimes in July 2010.

Under the Cabotage Policy implemented on January 1st 1980, domestic trading between two domestic ports can only use the services of local shipping lines to reduce prices of consumer goods. However, the policy fails to achieve its aim and the prices of goods in Sabah are much higher.

Malaysia’s Shipping Association (MASA) has claimed that the shipping rate alone is not the cause of the high prices of goods in Sabah. According to its Chairman Nordin Mat Yusoff the shipping rate is only one of the eight components in a total supply chain involved in the transportation of goods. The other factors are port forwarding, trucking, storage and terminal handling services. MASA also justified that even with the current downtrend in freight rates the prices of goods in Sabah are not lowered.

MASA feels strongly that any attempt to liberalise the component of domestic shipping including suggestions to relax the Cabotage trade between Peninsular Malaysia and Sabah/Sarawak would only undermine the development of the local shipping industry. The Association also said that removal of the protection provided under the Cabotage law would only lead to more foreign shipping lines dominating the domestic trade. He added that any attempts to remove the Cabotage policy could cause huge collateral damage to the Malaysian Shipping industry and also undermine national interest.

Deputy Transport Minister Datuk Abdul Rahim Bakri however said that the increase in prices of consumer goods was due to several factors including excessive profiteering by certain groups and inefficient loading and unloading service at ports. The other reasons are the exorbitant marine insurance fee, land transport cost and economy of scale.

Nevertheless Bakri said the national Shipping Policy gives priority to domestic shipping services to protect the nation in the long run. He added that if the government allows foreign shipping lines to dominate or control the country’s transportation system our local shipping companies will go bankrupt and eventually the nation will have to depend on foreigners forever. Bakri also revealed that many shipping companies in Sabah and Sarawak had received incentives under the National Shipping Policy. Bakri failed to elaborate on this incentive scheme.

Cabotage policy has failed to reduce the price of consumer goods in Sabah in particular. The Cabotage policy is a monopolistic entity. The government should allow the free market forces to flourish. By allowing competitions, the cost of shipping and other related factors would go down which should be translated to lower prices of consumer goods.

It is not fair for the government to think of only the future of few the local shipping industry at the expense of the whole Sabah and Sarawak people. For example, why do the Sabah rubber smallholders suffer financially because of this Cabotage policy? The government is charging the rubber planters 10% if they sell their product to Sarawak? This is ridicules and does not make any sense. The government must realise that prices of goods are increasing daily while wages and salaries remain stagnant. To have a decent living in Sabah is becoming difficult. It is at this critical moment that the government should put the people first.
The government should called on the Transport Minister to officially announce the liberalisation of the Cabotage policy. Datuk Kong must be serious and quickly propose to amend the Merchant Shipping Act 1952 in order to clear the misconception and misperception among the people of Sabah on the shipping’s Cabotage policy.
I would like to enlighten the State and Federal government on a similar issue which is the Boston Tea Party that happens in 1773.
In England, Parliament gave the East India Company a monopoly on the importation of tea in 1698. When tea became popular in the British colonies, Parliament sought to eliminate foreign competition by passing an act in 1721 that required colonists to import their tea only from Great Britain. British firms bought this tea and exported it to the colonies, where they resold it to merchants in Boston, New York, Philadelphia, and Charleston.
The Boston Tea Party was the culmination of a resistance movement throughout British America against the Tea Act, which had been passed by the British Parliament in 1773. The Boston Tea Party was a direct action by colonists in Boston, a town in the British colony of Massachusetts, against the British government and the monopolistic East India Company that controlled all the tea imported into the colonies. Colonists objected to the Tea Act for a variety of reasons, especially because they believed that it violated their right to be taxed only by their own elected representatives. On December 16, 1773, after officials in Boston refused to return three shiploads of taxed tea to Britain, a group of colonists boarded the ships and destroyed the tea by throwing it into Boston Harbor. The Boston Tea Party was a key event that leads to the American Revolution.
If the government do not abolish the Cabotage Policy. It will be the end of BN government in Sabah due to it’s oppressive means and abuse of power by the BN government towards the Sabahan and Sarawakian. Of course, I would gladly see this through and it would be a good help to the Pakatan Rakyat. I would like to thank the BN government in advance.

Rice Production

Datuk speaker,

The rice output of Sabah state is still at 30% and dependent on import 70% for supply. This shows that the Minister of Agriculture and Food Industries incapable of improve and increase Sabah rice production. What happen to the RM 150 million irrigation fund which suppose to increase the state rice production? For that, the minister concern is responsible for failing badly and should step down.
Oil & Gas

Datuk Speaker

5% of oil royalty is too little and unreasonable. I want to remind the Chief Minister that the oil royalty is the main agenda of the people. Petronas investment such as Sabah Oil and Gas Terminal (SOGT) is base on profitable investment. In another word, it’s only for gaining profit for the company itself. Oil royalty is what the government can use as a tool to develop Sabah. Pakatan Rakyat focus more on the prosperity of the rakyat. Not like BN who focus more on prosperity of it’s crony.

The recent visit to Sabah by PM Najib and his wife saw the ground breaking ceremony for the Ammonia and Urea plant (Samur) in Sipitang. This 4-Billion project becomes a symbol of development of the UMNO-BN government in Sabah. The government also talks about job opportunity which will benefit the local people.

The development of the RM4 Billion Kimanis Oil and Gas may be progressing as claimed by the government however the local Sabahan contractors are not the main beneficiary. In fact, foreign contractors are enjoying the fruit of Sabah’s development. This has been reported by the Oil and Gas contractor Association that they are only getting about RM800 million of the project, a peanut to say the least. I would also like to echo their unhappiness on why Sabah has to ship its gas to Bintulu some 520km away.

I would like to remind the government not to spend too much money on ground breaking ceremonies Remember the one involving the steel mill in Kg Limau-Limauan Kudat. The RM1.6 Billion project which was expected to start operation in 2003 never took off the ground after the ground breaking ceremony. Indeed, it is buried in a land acquired by the government for RM11 million!

What has happened to Nusantara steel mill project? The failure of this project has therefore affected the economy of Kudat. Today, Kudat remains the poorest part of the country as stated by the World Bank.

There is an agreement where Petronas would supply gas to the gas-fired power plant for the project. The government should have pursued this part of the project to provide power to the northern region of Sabah. The gas would have done justice for the people of Sabah rather than seeing it burn endless from the oil rigs. It is not too late to re-consider the gas-fired power plant minus the steel mill. I strongly urge the government to establish the gas-fired power plant for Kudat.
Listing of Felda in BSKL

Datuk speaker

I want to know what is the stand of the state government regarding the proposed 300 thousand acres or more of Felda land in Sabah will Not be allocated to poverty stricken poor settlers in Sabah instead going for listing in Bursa Saham Kuala Lumpur (BSKL). Has the government trying to stop it?
How much did the government paid to each of the Felda pioneer? How much is spent? What is the gross income of Felda? How much or percentage of the profit goes to the pioneers?

Sabah Air

Datuk Speaker,

As for the Sabah Air Aviation Sdn Bhd issue. The government must identify the culprit responsible for the losses it made. Justice must be serve. The MACC must investigate the matter starting from the Finance Ministry, Sabah Air Aviation Sdn Bhd and other related agency.

Unemployment rate.
Datuk Speaker,
Last year, the Ministry of Resource Development and Information Technology provide some 15 skill training programs in technical and commerce. Somehow, the youth who participate in some of the training programs who mostly graduates from local universities are still unemployed.
Why and what happen?
Can the ministry give me the numbers of youth participate in the training programs and in what field or skill they are taking?
How many and percentage of the trainee benefited from the training?
Can the ministry identify which field or major most of the graduates took before this?
Is there any special training for those who major in nursing and still unemployed?

Datuk speaker,
The BN government is corrupt to the core. Almost everything is monopolized by their cronies. Subsidies by the government is only a way to mislead the public and benefit certain quarters. The BN government fail to improve the livelihood of the rakyat. BR1M is the proof that the government fail to address the basic need of the rakyat and to develop the rakyat through it’s so called development plans for the people. Teach the people how to fish, not just simply give them fish to eat. Then again, this is how the BN government manipulate the rakyat by misleading them when election is near. After the election, the rakyat will be forgotten. And they will be on their own again, as usual.
Datuk Speaker,

Sekali lagi saya mohon tidak sokong ucapan dasar kerajaan kerana ia tidak memberi penekanan (emphasize) kepada isu-isu penting bagi rakyat Sabah.

Sekian, terima kasih.
YB Wong Sze Phin @ Jimmy
ADUN N.57 Sri Tanjong

 

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