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Malaysia Today - Your Source of Independent News


Law requires Chinese to visit their aging parents

Posted: 30 Jun 2013 06:14 PM PDT

(AP) - BEIJING: Mothers and fathers aren't the only ones urging adult children to visit their parents. China's lawbooks are now issuing the same imperative.

New wording in the law requiring people to visit or keep in touch with their elderly parents or risk being sued came into force Monday, as China faces increasing difficulty in caring for its aging population.  

The amended law does little to change the status quo, however, because elderly parents in China already have been suing their adult children for emotional support and the new wording does not specify how often people must visit or clarify penalties for those who do not.   

It is primarily aimed at raising awareness of the issue, said one of the drafters, Xiao Jinming, a law professor at Shandong University.  "It is mainly to stress the right of elderly people to ask for emotional support we want to emphasize there is such a need," he said.   

Cleaning lady Wang Yi, 57, who lives alone in Shanghai, said the new law is `'better than nothing." Her two sons work several hundred kilometers (miles) away in southern Guangdong province and she sees them only at an annual family reunion.  

"It is too little, for sure, I think twice a year would be good," she said. "We Chinese people raise children to take care of us when we are old."  

China's legislature amended the law in December following frequent reports of elderly parents neglected by their children.

It says offspring of parents older than 60 should see that their daily, financial and spiritual needs are met.   

Although respect for the elderly is deeply engrained in Chinese society, three decades of market reforms have accelerated the breakup of China's traditional extended family, and there are few affordable alternatives, such as retirement homes.   

Xiao said even before the Law of Protection of Rights and Interests of the Aged was amended, there were several cases of elderly parents suing their children for emotional support.

Court officials generally settle such cases by working out an arrangement for sons or daughters to agree to visit more frequently. Typically, no money is involved.  

The number of people aged 60 and above in China is expected to jump from the current 185 million to 487 million, or 35 percent of the population, by 2053, according to figures from the China National Committee On Aging.

The expanding ratio is due both an increase in life expectancy — from 41 to 73 over five decades — and by family planning policies that limit most urban families to a single child.   

Rapid aging poses serious threats to the country's social and economic stability, as the burden of supporting the growing number of elderly passes to a proportionately shrinking working population and the social safety net remains weak.  

Zhang Ye, a 36-year-old university lecturer from eastern Jiangsu Province, said the amended law was "unreasonable" and put too much pressure on people who migrate away from home in search of work or independence.  

"For young people who are abroad or work really far away from their parents, it is just too hard and too expensive to visit their parents," she said. "I often go to visit my parents and call them ... (but) if a young person doesn't want to, I doubt such a law will work." 

Ex-judge slams Bar Council for “retire forever” call

Posted: 30 Jun 2013 06:04 PM PDT

(TMI) - Retired judges can appear in court in exceptional cases if the Bar is weak, said former Federal Court judge Datuk Seri Gopal Seri Ram in a stinging rebuttal to the Bar Council.

Sri Ram said retired judges who had experience and expertise could contribute to the development of the law adding that this was more glaring when the Bar is weak and the Bench need assistance.

He was commenting on a statement issued by the Bar Council which stated that former judges appearing in court as counsel could lead to embarrassing situations when some of them may have to cite from their own judgments.

Council president Christopher Leong had said that judicial procedures should be amended to stop ex-judges from becoming counsel.

Sri Ram, however, said there may be public interest cases where the input of retired judges (who appear for their clients) would be invaluable.

The ex-judge who is currently a legal consultant said the necessity for retired judges to appear was to help move the "law forward, especially in constitutional or very important commercial cases".

He said in countries like The United Kingdom, Australia, New Zealand and South Africa, the Bar and the Bench were "intellectually very strong".

"In  those countries, practitioners who had served on the bench need not appear as counsel," he told The Malaysian Insider.

However, Sri Ram was open to the suggestion that retired judges should refrain from representing clients regularly in mundane cases, especially before benches whom they had sat with previously.

"It is definitely not desirable for them to appear before a such a bench," he said.

READ MORE HERE

 

Selangor to push local elections Bill next year

Posted: 30 Jun 2013 05:58 PM PDT

(TMI) - The Local Government Election Bill drafted by the Selangor government will be tabled in the state legislative assembly next year.

The state executive councillor in charge of local councils, Teng Chang Khim, said the basis of this was to return democracy rights to the people.

"The local polls will be conducted in stages once the Bill is passed," he said.

Selangor and Penang are the two states which are to introduce local government elections to ensure councillors are voted into local government, and not appointed. No other state has indicated interest in following suit.

"The local government election is different from the general and state election. But the proposed law will not contradict the federal constitution and the Local Government Act," Teng said.

"The mechanism will be studied when the draft of the Bill is finalised."

When asked if the election process will involve the Election Commission, Teng said the details of the Bill have to be looked at first.

"We may even have a different mechanism. So we need to finalise these first before disclosing further details," he added.

READ MORE HERE

 

Both parents must give consent: Gerakan

Posted: 30 Jun 2013 05:50 PM PDT

(Malaysian Times) - The Gerakan Secretary General, Datuk Mah Siew Keong called on the government to withdraw the Federal Islamic Territories Bill that provides for the unilateral conversion of a child to Islam by one parent.

According to the press statement sent to The Malaysian Times (TMT), Mah stated that not only the view of both parents must be taken into, but the right of the child must also be taken into account.

Touching on the delicate part, Mah said given the sensitive nature of such conversions, it is wise to adopt a policy of maximum consultation between all the parties concerned before such a decision is made.

Furthermore, he said the best interests of the child must prevail over the parochial concerns of any one parent that seeks to convert the child for reasons that are often unclear and confusing.

"It is naturally unfair to convert a child into a religion without the consent from the other side because in marriage," said Mah.

"The view of both sides must be respected, which the government via a cabinet decision made in April 2009 disallowed parents from secretly converting children after the Indira Gandhi incident," said Mah who is also Gerakan Vice President.

Mah also voiced his support for the statement made by the Health Minister, Datuk Seri Dr S. Subramaniam saying that the conversion of a child's religion does not only consists the religion itself, but also the custody, protection and alimony of the child.

Mah stressed that the process must be fair and just. The issue of conversion has remained a vexing one and the country needs a durable and practical solution that balances the position of Islam in the context of the Federal Constitution and the rights of non-Muslims.

He urged the government to withdraw the bill as it affects the constitutional and religious rights of the non-Muslim. 

 

How did EC spend RM400m?

Posted: 30 Jun 2013 05:33 PM PDT

DAP's Anthony Loke asks why GE13 cost twice the amount spent on GE12. 

Anisah Shukry, FMT

The RM400 million the Election Commission (EC) used up for the 13th general election was twice the amount it spent for the 2008 polls, and this has raised questions about where the money went to.

"The cost to manage the 12th general election was only RM200 million. Why is it that in five years, the expenditure for the election has ballooned by 100% even though the number of voters increased only by 20%?" Seremban MP Anthony Loke asked during a press conference at the parliament lobby today.

He said this meant the average cost of managing a parliamentary constituency was RM1.8 million during this year's election.

"This is a huge figure seeing as the spending limit for a candidate contesting a parliamentary seat is only RM200,000," said the DAP man. "I myself spent less than RM100,000 in both elections and managed to win both times."

He said the EC channeled most of the money into nomination day and polling day, and questioned whether RM1.8 million was needed to handle those two days.

He pointed out that the EC spent about RM318,000 to RM1.29 million for each parliamentary seat.

"Why is there such a huge difference in cost? If the cost to manage the Permatang Pauh by-election in 2008 was only RM409,000, what is the EC's justification for spending an average of RM1.8 million for one parliamentary constituency in 2013?"

He said it was unacceptable for the EC to justify the additional expenditure by citing the need for extra clerks to handle the indelible as the figures just did not add up.

And while he conceded that certain parliamentary constituencies would require extra cost due to the use of helicopters, he said those areas were few and far between.

READ MORE HERE

 

‘Conversion Bill based on existing guidelines’

Posted: 30 Jun 2013 05:25 PM PDT

The Cabinet will heed the criticism leveled at amendments of the Bill, which allows for unilateral child conversions to Islam. 

Anisah Shukry, FMT

Deputy Prime Minister Muhyiddin Yassin today acknowledged there were "issues" in the Administration of the Religion of Islam (Federal Territories) Bill 2013 tabled in Parliament last Wednesday.

But he defended the move by stressing that the Cabinet had used "several guidelines" in assessing and ultimately approving the Bill, which allows unilateral conversion of minors to Islam, to be tabled in Parliament.

"The cabinet has discussed this in detail and we understand there must be a fairer decision but we also understand that in the current situation, there have been several guidelines that we used," said Muhyiddin in a press conference today.

"One of them is the court's decision on a previous case and the second is the Malaysian constitution. So that is the jurisdiction of power we have today."

The Bill has drawn flak from multiple corners, including Barisan Nasional component parties MIC and MCA, as the word "parent" instead of "parents" in the amendment makes it legal for a sole guardian to convert children below the age of 18 to Islam.

MCA vice president Gan Ping Siew had slammed the "stealthy" tabling of the amendment in the Federal Territories Islamic law, according to news portal Borneo Insider.

"I am shocked to learn that the government is tabling the Bill as it contains controversial provisions that affect the constitutional and religious rights of the non Muslim," he was quoted as saying.

"This will seriously and irredeemably affect the religious harmony and national unity of our country."

Muhyiddin said today: "We take heed of the criticism, we understand that there are a few matters that have become the focus of the public's attention

"We will take into consideration the views of certain quarters, including BN component parties MCA, MIC and others who have voiced out the same issue. We will act based on the policies made.

But when a reporter pointed out that the amendments to the Bill contradicted a 2009 Cabinet decision to ban unilateral conversions of minors to Islam, Muhiddin said: "yes, but this is the latest [developments].

"We will examine this carefully and [Minister in the Prime Minister's Department in charge of Islamic Affairs] Jamil Khir Baharom will make an announcement when the time comes," he said.

READ MORE HERE

 

Bar: Don't allow retired judges to appear in court as counsel

Posted: 30 Jun 2013 02:48 PM PDT

(The Sun Daily) - The Bar Council feels that judicial procedures should be amended to prohibit retired judges from appearing as counsel in court as the "the improper practice" could lead to embarrassing situations.

It also posed the question of whether they could have an undue advantage when appearing before judges who were once their subordinates.

Council president Christopher Leong suggested that they become consultants who could advise counsel appearing in court.

He said it was also against judicial convention for retired judges to appear subsequently as counsel in court although this was not part of the judges' code of ethics.

He said the council has been calling for this unwritten practice to be part of the code for some time, but that the judiciary had not taken up the matter.

"The Bar Council has been calling for this convention to be expressly provided for in the code of ethics. Some retired judges do comply with the convention, but some judges have not only reappeared in court, but have cited cases they had decided on," he told theSun.

The question of judges appearing as counsel emerged with a June 13 report in a news portal stating that retired Federal Court judge Datuk Gopal Sri Ram would be representing Pakatan Rakyat in court for some of the coalition's election petitions for Perak-based seats.

Legal circles have also been talking of the possible return of High Court judge Datuk V. T. Singham to the Bar following his early retirement last Wednesday.

Besides Gopal, other retired judges practising as counsel include former lord president Tun Salleh Abas and former High Court judge, Datuk R.K. Nathan.

Leong said in England, judges strictly follow the convention prohibiting judges from appearing in court after retiring from the bench.

"This is because it may give the impression that the retired judge may have an advantage in court and secondly, it would embarrass the judge before whom the retired judge appears and it would also embarrass the retired judge's opponent," he said.

Asked why he thought this would embarrass the presiding judge, Leong said one reason is that the sitting judge hearing the case may be junior to the retiree now appearing before him or her.

"The retired judge may have pronounced on a point of law as a judge, and the sitting judge now may find themselves disagreeing with this point of law," he said.

Asked why it could embarrass opposing counsel, Leong cited the example of a retired judge using his own decisions as legal authorities which may be awkward for opposing counsel.

On the possibility of a cooling-off period for judges seeking to be advocates in court, he said that this should not be considered at all as "my view is that all judges should not appear in court as counsel.

To a question on why he was agreeable to retired judges becoming consultants, he said they have a wealth of experience and should be allowed to still contribute to the law.

"The Bar Council welcomes retired judges becoming consultants in legal firms," he said.

Similar views were shared by Malaysian Centre for Constitutionalism and Human Rights coordinator Edmund Bon, who said that once a lawyer accepts an appointment as a judge, he will have to accept that his career as a lawyer is over.

"You can still be a consultant but you should not appear in court. You don't want to be seen as using your time and experience at the bench over judges who are more junior than you. It is a perceived conflict situation," he said.

On the possibility of regulations prohibiting retired judges from appearing as counsel, Bon concurred with Leong that the Bar Council make it part of its ethical rule of practice for retired judges to refrain from practising.

He said that if they want to, they should allow a cooling-off period of five to 10 years which may mean that judges could only practise at 71 or older.

"If you make it a strict law, there might be arguments that it is unconstitutional as a restriction of livelihood as per Article 5 of the Federal Constitution," said Bon.

 

Selangor, Perak muftis tell critics of child conversion law to back off

Posted: 30 Jun 2013 02:37 PM PDT

(Malay Mail) - The Cabinet's 2009 ruling against unilateral child conversions to Islam is not applicable to Muslims, said Selangor Mufti Datuk Tamyes Abd Wahid, insisting that children in mixed-creed marriages must embrace Islam when one parent does so.

Critics have cried foul over Administration of Islamic Law (Federal Territories) Bill 2013 tabled on Wednesday which, they allege, seeks to broaden the definition of parental consent for the conversion of minors to Islam to mean either parent instead of both ― a move they deem to be unconstitutional and contravening the Cabinet's prohibition.

In 2009, then Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Aziz had said the government would ban the unilateral conversion of minors to Islam, in an attempt to assuage concerns among Muslim-dominated Malaysia's religious minorities

In terms of custody law (child care), young children fall under the care of the mother. But in cases where there are different religions, the child should follow the religion of Muslim parent," Tamyes (picture) was quoted as saying by the Sinar Harian news portal today.

"For example, if the father embraces Islam but the mother does not, then the religion of their underage children must follow the father's," he said.

Already, lawmakers from both sides of the aisle are banding together in an attempt to thwart the law that they fear may lead to more of the agonising and convoluted custodial battles that are associated with marital breakdowns where only one parent is Muslim.

Yesterday, the DAP's Lim Kit Siang urged Putrajaya to abort its plan to push through the law as he joined other politicians here in urging for national consensus on the sensitive matter before any attempt for parliamentary approval.

"It will be a national disaster if the 13th Parliament starts off with a provision which splits the country down the middle," Lim warned in a statement.

The Gelang Patah MP and DAP's parliamentary opposition leader said the proposed provision would not only raise questions over the integrity of the Constitution, the country's supreme law, but also the maturity of the leaders here to unite a country of diverse races, religions and cultures. 

But today, Tamyes insisted that none should dispute the proposed law, saying that doing so was tantamount to challenging Islam itself.

"The issue of religion cannot be disputed. These laws should be maintained to ensure the dignity of Islam in the proper position," he said in the report.

Separately, Perak Mufti Tan Sri Harussani Zakaria said the Bill was only formalising a standard practice.

"Single-parent consent for the conversion of minors to Islam has always been the practice. Why dispute it now?" Harussani he was quoted saying by Sinar Harian.

"This is based on Islamic law and cannot be contested."

Despite the Cabinet's 2009 ruling, cases since ― such as that of a Hindu mother in Negri Sembilan who discovered in April her estranged husband had converted their two underage children to Islam after he had done so a year earlier without her knowledge ― illustrate the lack of adherence to the ruling.

Custodial tussles in cases of unilateral child conversion provide a high-profile glimpse of the concerns of Malaysia's religious minorities over perceived dominance of Islam in the country.

It also highlights the complications of Malaysia's dual legal systems where Muslims are bound by both civil and syariah laws, the latter of which do not apply to or recognise non-Muslims.

The Cabinet's 2009 ruling against unilateral child conversions to Islam is not applicable to Muslims, said Selangor Mufti Datuk Tamyes Abd Wahid, insisting that children in mixed-creed marriages must embrace Islam when one parent does so.

Critics have cried foul over Administration of Islamic Law (Federal Territories) Bill 2013 tabled on Wednesday which, they allege, seeks to broaden the definition of parental consent for the conversion of minors to Islam to mean either parent instead of both ― a move they deem to be unconstitutional and contravening the Cabinet's prohibition.

In 2009, then Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Aziz had said the government would ban the unilateral conversion of minors to Islam, in an attempt to assuage concerns among Muslim-dominated Malaysia's religious minorities

In terms of custody law (child care), young children fall under the care of the mother. But in cases where there are different religions, the child should follow the religion of Muslim parent," Tamyes (picture) was quoted as saying by the Sinar Harian news portal today.

"For example, if the father embraces Islam but the mother does not, then the religion of their underage children must follow the father's," he said.

Already, lawmakers from both sides of the aisle are banding together in an attempt to thwart the law that they fear may lead to more of the agonising and convoluted custodial battles that are associated with marital breakdowns where only one parent is Muslim.

Yesterday, the DAP's Lim Kit Siang urged Putrajaya to abort its plan to push through the law as he joined other politicians here in urging for national consensus on the sensitive matter before any attempt for parliamentary approval.

"It will be a national disaster if the 13th Parliament starts off with a provision which splits the country down the middle," Lim warned in a statement.

The Gelang Patah MP and DAP's parliamentary opposition leader said the proposed provision would not only raise questions over the integrity of the Constitution, the country's supreme law, but also the maturity of the leaders here to unite a country of diverse races, religions and cultures.

But today, Tamyes insisted that none should dispute the proposed law, saying that doing so was tantamount to challenging Islam itself.

"The issue of religion cannot be disputed. These laws should be maintained to ensure the dignity of Islam in the proper position," he said in the report.

Separately, Perak Mufti Tan Sri Harussani Zakaria said the Bill was only formalising a standard practice.

"Single-parent consent for the conversion of minors to Islam has always been the practice. Why dispute it now?" Harussani he was quoted saying by Sinar Harian.

"This is based on Islamic law and cannot be contested."

Despite the Cabinet's 2009 ruling, cases since ― such as that of a Hindu mother in Negri Sembilan who discovered in April her estranged husband had converted their two underage children to Islam after he had done so a year earlier without her knowledge ― illustrate the lack of adherence to the ruling.

Custodial tussles in cases of unilateral child conversion provide a high-profile glimpse of the concerns of Malaysia's religious minorities over perceived dominance of Islam in the country.

It also highlights the complications of Malaysia's dual legal systems where Muslims are bound by both civil and syariah laws, the latter of which do not apply to or recognise non-Muslims.

- See more at: http://www.themalaymailonline.com/malaysia/article/selangor-perak-muftis-tell-critics-of-child-conversion-law-to-back-off#When:02:45:25Z

 

Even if PAS wins Besut, ‘BN will rule’

Posted: 30 Jun 2013 02:17 PM PDT

(Bernama) - The result of the Kuala Besut by-election will not lead to a change of the Terengganu state government led by the Barisan Nasional (BN).

Umno information chief Ahmad Maslan said although the position would end up 16-16 should the opposition win the seat, the State Assembly Speaker  Mohd Zubir Embong would make it 17-16 to keep BN in power.

In the 13th general election (GE-13), BN won 17 seats while the opposition won 15 seats in Terengganu.

It was enough for Menteri Besar Ahmad Said to form the Terengganu  state government.

The Kuala Besut state seat fell vacant following the death of its state assemblyman Dr A Rahman Mokhtar of lung cancer on June 26.

Ahmad Maslan, who is also Deputy Minister of Finance, said the result of the Kuala Besut by-election is very important to BN to ensure political stability in Terengganu.

"BN is ready to face the by-election and does not rule out the possibility it will be held during Ramadan (fasting month)," he told reporters after visiting former Kampung Tok Saboh Wanita Umno branch leader Wan Mek Wan Embong, 93, here yesterday.

Earlier Besut Umno division said it will submit to Prime Minister Najib Tun Razak a list of potential local candidates acceptable to the people, for selection to stand in the upcoming Kuala Besut state seat by-election.

Division chairman Idris Jusoh said Umno had many eligible candidates originating from Kuala Besut and the choice would be made by Najib before the announcement of the by-election date by the Election Commission.

"We have likeable candidates with caliber who include educators, religious experts and administrative officers," he said.

He said this at a press conference after a by-election coordinating meeting with Ahmad Maslan and the Umno Liaison Committee  here.

Idris, who is also Second Education Minister, said Besut was still a rural area with the majority of the residents being fishermen who were simple-minded and friendly.

"But they know who they prefer and if they don't like the candidate, it'll be difficult for that individual to influence them. If they know and like the person, they will easily cooperate with him in whatever matter," he added.

So, he said, it was important for Umno to ensure that the candidate would win in the by-election with a bigger majority than that won by Rahman.

In the recent 13th general election, Rahman defeated Napisah Ismail from PAS with a 2,434-vote majority.

Idris hoped the people of Kuala Besut would choose the BN candidate to avoid problems for the ruling state government in developing the constituency. 

 

‘Dialogue option with Pakatan still open’

Posted: 30 Jun 2013 01:54 PM PDT

However PSM says that Pakatan should make the initial step. 

K Pragalath, FMT

Parti Sosialis Malaysia (PSM) would let Pakatan Rakyat decide on the next course of action on its (PSM's) participation in the alliance as the ball is in their court.

"There is a dialogue. We are open and willing to discuss. The ball is in Pakatan's court.

"A lot time have been wasted on attempting to know what's happening with us and Pakatan," said PSM secretary general S Arutchelvan to journalists at the closing of the party's 15th national congress held in Tanah Rata yesterday.

He was commenting on the PSM-Pakatan relations following their outing in the 13th general election with Pakatan.

Pakatan components had fielded candidates in three out of four seats that PSM contested that resulted in multiple cornered fights. PSM also was not allowed to use their white fist logo in two constituencies.

Arutchelvan said that no dates have been set for the meeting.

He added that PSM would in the meantime concentrate on building the left movement.

READ MORE HERE

 

‘BR1M inconsistent with poverty rate’

Posted: 30 Jun 2013 01:40 PM PDT

Sibu MP Oscar Ling Chai Yew questions why BR1M allocations are being continued when poverty rate seems to be on the decline. 

Leven Woon, FMT

An opposition MP today questioned the government's rationale in increasing the allocations for Bantuan Rakyat 1Malaysia (BR1M) this year despite the official poverty statistics showing a declining trend.

Training his gun at the government's "targeted subsidy" policy, Oscar Ling Chai Yew (DAP-Sibu) asked why the Finance Ministry has allocated RM2.9 billion for BRIM 2.0 this year, an increase from RM2.6 billion disbursed last year under BRIM 1.0.

He said the increase was inconsistent with the official poverty rate data which showed that household poverty rate has reduced from 3.8% in 2009 to 2.4% in 2012.

He said in Sabah,the rate has fallen to 8.1% from 9.7% in the same period.

"Is it that the real poverty rate is much higher than the official statistics given?" he asked Deputy Finance Minister Ahmad Maslan (BN- Pontian) in a supplementary question.

Ahmad replied by citing the benefits of targeted subsidy, which he said can stimulate domestic consumptions because recipients used the money directly.

"For the statistic part, my answer will come later," he said without elaborating.

Nawawi Ahmad (BN-Langkawi) then asked whether the ministry would widen the scope of the recipients from only those who earn less than RM3,000 a month to those who earn RM5,000 a month.

READ MORE HERE

 

Ohio city grinds to halt thanks to speed-camera debate

Posted: 30 Jun 2013 12:12 PM PDT

http://autoweek.com/storyimage/CW/20130607/FREE/130609844/AR/0/Elmwood-Place-Ohio-traffic-cameras.jpg&maxW=630 

Judge Robert P. Ruehlman said the traffic cameras were a "sham," "scam" and the "entire case against the motorist is stacked."  

(Autoweek) - Who says issuing traffic citations is about upholding the law and not revenue generation? 

Ruehlman, a Hamilton County Common Pleas Court judge, cited a "total disregard for due process" in the way the village operated its program without offering ticketed motorists a legally fair method of contesting the citation.

Caught in a real-life "Gift of the Magi" conundrum, behold the tale of Elmwood Place, Ohio, which because of its pursuit of portable-speed-camera revenue can no longer perform the functions of local government. That's because four of the village's six council members resigned over the way these machines are used; without those four members, no quorum can be convened and no business can be conducted.

"The public is bewildered with what is going on," Village Councilman Jerald Robertson told foxnews.com. "There is a sense that they have no idea what we are doing." Which apparently is an astute observation.

"I have no idea what is going on with the council," he added.

The problem is the revenue generated: Nearly $2 million for the city, but in the process the speed cameras have -- like a sheepdog protecting its flock -- deterred visitors from coming to the quaint village. "Businesses have lost customers who now refuse to drive through Elmwood," Judge Robert P. Ruehlman explained in a March ruling. "Churches have lost members who are frightened to come to Elmwood and individuals who have received notices were harmed because they were unable to defend themselves against the charges brought against them."

Ruehlman, a Hamilton County Common Pleas Court judge, cited a "total disregard for due process" in the way the village operated its program without offering ticketed motorists a legally fair method of contesting the citation. While the judge had hoped his ruling would have prompted the city to stop its ticketing program, the city refused to do so. The city, which engaged the services of a company called Optotraffic to install the portable speed cameras last September, has enjoyed a great revenue windfall. Optotraffic issued $105 tickets and split revenue 60/40, with the city taking the lion's share. According to the city attorney, the Optotraffic speed cameras have generated almost $325,000 per month.

Read more at: http://www.autoweek.com/article/20130607/free/130609844#ixzz2XlAzf43o 

 

Start GST at a lower rate, say experts

Posted: 30 Jun 2013 11:42 AM PDT

http://mk-cdn.mkini.net/374/15a924e63d4e1e2bbedc8bbf2caacc21.gif 

(The Sun Daily) - Lai believes that businesses would welcome a reduction in corporate and personal tax rates as this would increase their competitiveness in Malaysia compared with the region. However, for individuals, it would only benefit less than 15% of the Malaysian workforce who currently pay income tax.

The proposed goods and services tax (GST) should be introduced at a lower rate of 4% to 5% in order to encourage wider public acceptance of it, said economists and tax consultants, even as a launch date remains elusive.

Second Finance Minister Datuk Seri Ahmad Husni Hanadzlah had last Thursday said the government has yet to decide when it will implement the GST.

"An initial GST rate of 7% (which is similar to Singapore's current rate) may be too high for Malaysia. At 7% GST, Malaysia may have to consider reducing its corporate and personal income tax rates to 20% or below," BDO Tax Services Sdn Bhd head of tax advisory David Lai told SunBiz in an interview.

He said Singapore was able to increase its GST rate to 7% from the initial 3% in 1993 as its corporate and personal income tax rates were already at 17% and 20% respectively.

"In order to encourage wider public acceptance in Malaysia, it may be prudent to introduce GST at a lower rate, for example, 4% to 5% and to reduce corporate tax and personal income tax rates more gradually," he said.

He reckoned that if GST were to be introduced at 4% to 5%, corporate and personal income tax should ideally be reduced by 2% to 3%.

Lai also said when the government indicated that it would start GST from a fixed rate of 4%, it would be tax neutral if it were implemented two years ago. But once implemented, GST revenue is expected to grow in line with the country's gross domestic product even if the rate were maintained at 4%.

However, any further delay in implementing GST would result in greater pressure for the government to increase the initial GST rate beyond 4%, he said.

"The government should ideally maintain the GST rate for at least three years before making any adjustments. Taxpayers should be given sufficient time to adapt and fully comply with the requirements under the new GST system.

"Furthermore, any increases in GST rate should only be contemplated after the government has properly studied any inflation effects. From the experience of other countries, any inflationary effects are expected to be short term and should taper off," he added.

Lai believes that businesses would welcome a reduction in corporate and personal tax rates as this would increase their competitiveness in Malaysia compared with the region.

However, for individuals, it would only benefit less than 15% of the Malaysian workforce who currently pay income tax.

On how a subsidy rationalisation programme would affect the implementation of GST, Lai said the programme is intended to gradually shift and target subsidies to the lower income groups. Similarly, when GST is implemented, a list of basic necessities would be categorised as 'zero rated' to protect the lower income group.

RAM Holdings Bhd group chief economist Dr Yeah Kim Leng also recommends a lower GST rate of 4% to 5% to start with in order to mitigate the initial concern over inflation.

"When implementing GST, you want to get the businesses and consumers familiar with and used to the system first to ensure that there is greater acceptance. You do not want to have a major shock in terms of price. It's good to start from a lower level and gradually move up," he toldSunBiz.

"This rate can be reviewed annually based on economic conditions."

Yeah said the government should take advantage of the current economic environment where there is growth, full employment and low benign inflation to introduce the GST.

"There can never be a good time to implement hard reforms but we can't ask for a better economic environment.

"Also, now that we have a new mandate, the first two years should be the time to implement GST because by the third year, it will be more difficult as other political considerations kick in. The earlier it is implemented, the better," he said.

Still, Yeah is expecting the GST to be introduced next year.

"There will be some likely clarity in the coming budget (on Oct 25) and then perhaps they can announce the implementation for 2015. It's already long overdue. The important emphasis here is to reduce government's dependence on oil and gas revenue as government income," he added.

Yeah also said the subsidies rationalisation programme has to be more targeted and efficient in order to ensure that the benefits reach the targeted group.

"The basis of subsidy is actually to help the disadvantaged. Right now, the benefits of subsidies are spread to everyone, rich and poor.

"So, there's a good justification to have a more targeted subsidies system as it would reduce the fiscal deficit by 1% to 2%. Those will be the low hanging fruits that the government can quickly benefit from."

RHB Research Institute Sdn Bhd economist Peck Boon Soon believes that the implementation of the GST could well be delayed until 2015.

"The introduction of the GST will likely lead to a one-off spike up in inflation, depending on the level of goods and services in the basket of the consumer price index (CPI) that will be affected. We expect it to add around 0.8-2.0 percentage points to the CPI, assuming about 20-50% of the goods & services in the CPI basket will be subjected to the 4% GST," he said in a report last Friday.

"As we expect inflation to average around 2.4% in 2015, the introduction of the GST could potentially push up the CPI to 3.2-4.4%, if it were to be implemented in 2015."

He expects the negative impact due to the introduction of the GST will likely be temporary and consumer spending is expected to return to a normal level after a brief period. 

Don’t fear conversion law, public told

Posted: 30 Jun 2013 11:39 AM PDT

(The Star Online) - "Just wait for the minister to mention it in Parliament. It is something we will not have to worry about any more" 

Malaysians have been assured of action taken by the Government to assuage concerns over a controversial clause in the Administration of the Religion of Islam (Federal Territories) Bill 2013.

"Just wait for the minister to mention it in Parliament. It is something we will not have to worry about any more," said Minister in the Prime Minister's Department Nancy Shukri.

She said this when asked about the Bill after attending a high-level panel meeting on drug policy and public health yesterday.

Politicians from both sides of the divide, civil society groups and the public have described Section 107(b) of the Bill, which allows a minor to be converted with the consent of only one parent, as unconstitutional.

The Bill was tabled for first reading in the Dewan Rakyat on Wednesday.

If passed by both Houses of Parliament next month, the Bill will repeal the Administration of Islamic Law (Federal Territories) Act 1993.

Separately, Home Minister Datuk Seri Dr Ahmad Zahid Hamidi said the Government would be fair to other religions when making amendments to the Bill.

"There will be few amendments to the Bill in tandem with demands by other religions.

"We also have to respect the role of a parent and we can't force children to follow either the mother or the father who has converted," he said after opening the Sekolah Izzudin Shah alumni annual general meeting yesterday.

In George Town, Health Minister Datuk Seri Dr S. Subramaniam said the matter had been discussed extensively in the Cabinet following a case in Seremban in early June where a 29-year-old Hindu mother claimed that her estranged husband converted their two children, aged five and eight, to Islam without her knowledge in April.

"The Cabinet is clear that there must be fairness and justice for everyone, including non-Muslims, particularly when one parent converts.

"It's not just about the religion of the child but also custody, alimony and protection for the child," said Dr Subramaniam after launching the Penang Free School Homecoming Carnival yesterday.

In Kota Kinabalu, Tan Sri Bernard Dompok said the contentious Bill should be withdrawn and instead be discussed within Barisan Nasional first.

The United Pasok Momogun Kadazandusun Murut Organisation president said he had asked for the withdrawal of a paper on the Bill from Cabinet discussions because he felt that a Cabinet decision on the Law Reform (Marriage and Divorce) Act 1976 should be implemented first.

"The Cabinet paper was withdrawn and I am therefore surprised that it (the Bill) is now before Parliament," added Dompok, the former Plantation Industries and Commodities Minister.

Various groups have argued that the provision is not only unconstitutional but goes against an April 2009 Cabinet decision that children of an estranged couple should remain in the common religion of the parents at the time of marriage should one parent convert.

The then de facto law minister and Minister in the Prime Minister's Department Datuk Seri Nazri Aziz had said that the Cabinet's decision was made following M. Indira Gandhi's case where her three children, aged 12, 11 and one, were allegedly converted to Islam by her husband without her consent.

Malaysian Consultative Council Of Buddhism, Christianity, Hinduism, Sikhism and Taoism, in a statement, objected to some of the provisions, which it said affected the rights of non-Muslims, created social injustice and went against the spirit of the Federal Constitution.

Meanwhile, an online portal reported PAS' Kamarudin Jaafar as saying that the Islamist party would treat the Bill carefully, noting that it would affect the lives of all citizens in the country.

"PAS will discuss it and make our stand known. The party has not yet made a definite decision on the Bill," he said. 

 

S’pore, M’sia and Indonesia to tackle haze issue together

Posted: 30 Jun 2013 11:36 AM PDT

http://www.todayonline.com/sites/default/files/styles/photo_gallery_image/public/15378926_0.JPG 

(Today Online) - An agreement on the way forward to manage the perennial problem was reached yesterday at a meeting of Association of South-east Asian Nations (ASEAN) foreign ministers — a day after Singapore's Foreign Affairs Minister K Shanmugam met his counterparts from Malaysia and Indonesia to discuss the haze issue and recommend ways to tackle the problem.

To prevent a recurrence of the haze, officials from Singapore, Malaysia and Indonesia will monitor and examine the situation in Sumatra — where forest fires largely caused by land burning have been widespread — and report to regional leaders.

An agreement on the way forward to manage the perennial problem was reached yesterday at a meeting of Association of South-east Asian Nations (ASEAN) foreign ministers — a day after Singapore's Foreign Affairs Minister K Shanmugam met his counterparts from Malaysia and Indonesia to discuss the haze issue and recommend ways to tackle the problem.

While details of the process have yet to be worked out, Mr Shanmugam described it as a positive development as it gave ASEAN a framework to address the haze, the latest bout of which had caused air pollution in Singapore and Malaysia to hit record levels.

The development comes as the haze continues to recede in the region, thanks to Indonesia's fire-fighting efforts which have led to a significant drop in the number of hot spots.

Yesterday, the three-hour Pollutant Standards Index (PSI) reading stayed within the "good" range from noon onwards — following showers in the morning — and reached a low of 17 at 2pm and 3pm. Singapore's National Environment Agency gave an "all-clear" for the air quality today — the first time since it started issuing daily forecasts on the haze situation more than a week ago. All persons can resume normal activities, it said. Both the 24-hour PSI and the PM2.5 concentration are expected to be at healthy levels.

Speaking on the sidelines of the ASEAN Foreign Ministers' Meeting, Mr Shanmugam said the agreement "focuses on the importance of putting out the fires (as well as) monitoring, verifying and preventing recurrence in the future". "It tasks the officials to look at the issues and report to the leaders on the sidelines of the ASEAN Ministerial Meetings," he said, noting that "a number of concrete steps" were recommended and agreed upon.

He stressed that ASEAN members "will all work together" on the agreement. "Sovereignty is an exercise of sovereign power within your own country but that doesn't preclude you from going out to say what you will do in the international arena, how you will cooperate with others," he said. "But of course, that doesn't mean other countries can come into your country and do what they like."

Earlier yesterday, Mr Shanmugam also elaborated on the one-hour informal meeting on Saturday which he initiated with Indonesian Foreign Minister Marty Natalegawa and Malaysian Foreign Minister Anifah Aman. The trio met in a hotel lounge, without the presence of aides.

Writing on Facebook, Mr Shanmugam said his "main objective in suggesting the informal meeting was to try and reach some consensus between the three of us given that our three countries were the most affected by the haze".

Read more at: http://www.todayonline.com/world/asia/spore-msia-and-indonesia-tackle-haze-issue-together 

What women really want to vote for

Posted: 30 Jun 2013 11:34 AM PDT

http://www.fz.com/sites/default/files/styles/1_landscape_slider_photo/public/woman-voters_6.gif 

(fz.com) - There is an emerging class-gender dynamic appearing in voting behaviours of the Malaysian electorate as seen in the recent 13th general election, political analyst Bridget Welsh said.

According to Welsh's research, there was still a persistent gender gap in voting patterns but what's becoming more evident are social cleavages that are adding different dynamics to observable gender differences in voting behaviour.
 
Some social cleavages that Welsh described were class, ethnicity, age, regional variation and marital status.
 
"You can't just talk about women as one group. You have to recognise the social cleavages within that. There is a class-gender gap that is emerging in the election results," Welsh said at a recent forum on the role and participation of women in politics.
 
Welsh, who lectures political science at the Singapore Management University, said that women voters generally tended to favour the Barisan Nasional.
 
This was especially true amongst Malay, Indian and East Malaysian women but not Chinese women.
 
Welsh also observed a narrowing of the gender gap within upper class and middle class Malays but a widening of gender differences within Malays of lower income groups.
 
Crucially, the class-gender gap is likely a reflection of the election campaign that happened, Welsh said.
 
The general election campaign saw various cash handouts deployed, the fear factor, the opposition's inability to reach out to some rural areas and political messaging that did not seem to connect with women voters.
 
Welsh stressed that women voters made a difference in the final outcome of the recent May 5 general election.
 
This is because women, who make up slightly over half of the total electorate, tend to have higher turnout rates than male voters.
 
There are about 6.66 million women who registered to vote, according to Election Commission data. This means that women form 50.23% of the total 13.26 million electorate.
 
States with the highest proportion of female voters include Kedah, Perlis and Penang.

Read more at: http://www.fz.com/content/what-women-really-want-vote#ixzz2Xl1hXdKe

 

Exclusive: Mystery shrouds whereabouts of Raja Muda who led Lahad Datu armed intrusion

Posted: 30 Jun 2013 11:31 AM PDT

http://www.thestar.com.my/~/media/Images/TSOL/Photos-Gallery/Regional/2013/07/rajamudacloseup.ashx?w=620&h=413&crop=1& 

(The Star Online) - The whereabouts of the 72-year-old Raja Muda Azzimudie Kiram who led the armed Sulu intrusion into Kg Tanduo remain a mystery.

Azzimudie or Agbimuddin, the younger brother of self-styled Sulu Sultan Jamalul Kiram, disappeared without a trace after he "fled'' Lahad Datu on March 11 as Malaysian security forces recaptured Kampung Tanduo, Sabah in a massive offensive.

Security forces are certain that he fled to an island at Tawi Tawi province in the southern Philippines close to Sabah but family members insist he is in Lahad Datu waging a guerrilla war.

Tawi Tawi officials believe that he is with a network of sympathisers and has kept a low profile to avoid being detained by Manila which has ordered his arrest for waging a war with a foreign country.

It has also been speculated that Azzimudie, a former assistant district officer of Kudat, Sabah in the early 1970s, was killed by his bodyguard in Kampung Tanduo and buried in an unmarked grave sometime after the Malaysian air and ground offensive to flush out the Sulu gunmen began on March 5.

In an interview with The Star, Sabah Police Commissioner Datuk Hamza Taib said the police believed that Azzimudie was still alive and was hiding in some islands in his home country.

"Azzimudie is definitely not in Lahad Datu, they (Sulu spokesman Abraham Idjirani) can fly kites if they want to keep insisting that Azzimudie is in Lahad Datu, hiding and moving from one place to another,'' he said when asked about the persistent claims by the Sulu group spokesman Idjirani in the Philippines.

However, Hamza did not rule out the possibility that Aghimuddin was still planning to wage a guerrilla war against Sabah.

He suspected that Azzimudie's family members were insisting that the Raja Muda was still in Sabah because he (Azzimudie) had made many promises (before the intrusion) to Sulu gunmen, who were now dead or facing criminal charges in Malaysia.

"So to prevent him from being killed (in Philippines), they have to say that Azzimudie is in Lahad Datu and still fighting,'' he said, adding there had been no clashes between Sulu gunmen and security forces in Sabah since the intrusion was put down by early April.

Kampung Tanduo has since been closed to the public, with a security base set up at the seaside village and the state government working to relocate more than 20 local families in the area.

In a telephone interview with The Star in Manila, Idjirani, who is the brother-in-law of Azzimudie, insisted that Azzimudie was still "somewhere in Lahad Datu'' waging a guerrilla war against Sabah.

Idjirani, however, did not know the exact location of his brother-in-law.

"I know that he is hiding in a forest and has adopted guerrilla tactics and is moving from one place to another around Kampung Tanduo," he said.

Idjirani claimed that he frequently spoke to Azzimudie.

"In fact, I spoke to him two days ago. He called us and told us that there was an encounter between the Royal Sulu Army and the Malaysian security forces in Mile 9 in Lahad Datu on June 16 and Kampung Labian on June 18,'' he said.

The spokesman believed that the Malaysian security forces were unable to locate Azzimudie as he was no longer using his handphone.

"He is no longer is using his cell phone, as in March (during the aerial bombings), he realised that using his cell phone would lead to detection,'' he said.

"The Raja Muda and his followers are seasoned fighters and even though the Malaysian forces have more firepower they could not defeat them," he said, in claiming that Malaysian forces were cautious in confronting them.

A total of 35 followers of Azzimudie were arrested by Philippines authorities after they returned from Lahad Datu and recently, the Philippines National Bureau of Investigations recommended  various criminal charges - including waging war with a foreign country - be brought against the Raja Muda and his followers who entered Kampung Tanduo between Feb 9 and 12.

A total of 73 intruders were killed (59 bodies have been recovered) in the nearly eight-week armed showdown with Malaysian security forces.

Malaysian police have arrested 184 people and charged 31 with various criminal offences, including waging  war against the Agong. Their cases are ongoing in court. 

Kredit: www.malaysia-today.net

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