妨碍司法公正 (Preverting The Course of Justice)

09/01/2011 Afternoon 3:55pm (Cloudy Day)

Just before the lunch, suddenly come out from my mind, that is the famous quote in the Hong Kong Drama "妨碍司法公正", under curiosity I intend to find the definition of this words, finally I got it, as it take me about half an hour to get the words in English that is "Preverting The Course of Justice".

But I am not sure my home country Malaysia did the Attonery-General charge any persons before under this common law offence "Preverting The Course of Justice". As this is the important issue either for criminal case nor in civil suit. Some of the people will find all sorts of way to prevent themself from any charge.

Recently that is the Teoh Beng Hock case which may affect the confidence of justice from the international people toward Malaysia. As the coroner rule out homicide nor suicide, so who responsible for the death of the deceased? Really sad to know that. MACC such as reputable government agency it is not safe to go to their office to co-operate for investigation, as under their "care" someone may either "homicide nor suicide". Who can actually tell us the truth of the death?

Get back to the Preveting The Course of Justice, here the wikipedia link:
http://en.wikipedia.org/wiki/Perverting_the_course_of_justice

Common Law Offence wikipedia link:
http://en.wikipedia.org/wiki/Common_law_offence

Will Malaysia adding this law into the Penal Code? Just wait and see.

Can Malaysia Achieve The Government Transformation Programme

Below is the link that China Transformation:

中共中央关于制定“十一五”规划的建议(全文)

http://news.xinhuanet.com/politics/2005-10/18/content_3640318.htm

China achieved that.




Below is the link for Malaysia Transformation:

The Government Transformation Programme

The six Government Transformation Programme (GTPs) are:

* Reducing crime
* Fighting corruption
* Improving student outcomes
* Raising living standards of low-income households
* Improving rural basic infrastructure
* Improving urban public transport



http://www.pemandu.gov.my/index.php?option=com_content&view=article&id=601&Itemid=83&lang=en


Time to prove it is Malaysia really Boleh!!!

What do Malaysia achieve from the past 53years after we Merdeka? Will we have the better prosperity than this 53years?

I still very confident to Malaysia, but for me the most important 2 things we should do is reducing crime and reducing corruption as well. If this both issue do not rectify, we can not achieve our transformation.

As Global Recession, Are The Pump-priming The Only Way?

1. We are facing the global recession, Malaysia export will be negative. As global commodity price decrease & electronic product demand reduce, which is one of the main export of Malaysia.

2. When global demand reduce, the manufacturer will produce less products, capacity of the factory will reduce, this may increase the risk of factory to retrenchment the workers.

3. Manufacturer less production, profit of the factory will be reduce, if the company listed at the Bursa Malaysia, share price may come down due to adverse of profit.

4. When retrenchment then the unemployment rate of the national will increase.

5. When high unemployment, it will increase the social welfare problems.

6. In order to prevent economy recession, government should take further government spending to improve the overall economy.

7. Government spending more, businessmen have more business to do, this will lower the unemployment, company profit will be more stable this will overall improve the economy.

8. But by pump-priming nation's budget deficit will expand and the country credit rating adverse.

9. With the lower credit rating of the nation, if the country have foreign loan, the cost of borrowing will go high.

10. As we all focus on driving the economy, the nation's budget deficit should not be overlook. And the government spending should use it wisely as that can benefits all the nation.

For The First Time Malaysia Toll Concessionaire Agreements Made Public

Works Ministry for the first time allow the public to view the toll concessionaire agreements.

The toll concession agreements can now be viewed at the library of the Works Ministry but photocopies of the documents are not allowed, it needed the Order of the DYMM Yang di-Pertuan Agung under Section 3 of the Fees Act (1951) to be tabled in the Dewan Rakyat and gazetted.

Those who wished to view the concessionaire agreements can fill up the form then only allow to access the agreement for two hours and only five people are allowed at any one time, if they wish to have more time to view the agreements they need to fill up the new form and wait for their turn again.

I am happy to see that, now the Works Ministry start to take public suggestion regarding to the toll concession. In The Star Jan 8th, Works Minister Datuk Mohd Zin Mohamed has invited all parties who have studied the toll concession agreement to give him a memorandum with their queries or suggestion. Moreover, there is not time frame to submit the memorandum and is his duty as minister to respond.

According to New Straits Times news, Chief Minister Lim Guan Eng said the government should not use traffic volume and bank loan guarantees if government would like to privatise the second Penang Bridge. Commenting on the agreement for the existing bridge (Penang bridge) with Mekar Idaman Sdn Bhd, he said it was a lopsided agreement, which benefited the company, if the government refuses to approve an increment in toll rates, it has to compensate Mekar Idaman for the loss based on estimated traffic flow on the bridge.

MCA Youth will set up a special unit to study the toll concessionaire agreements which made public on 5th Jan 2009. What I surprise is that, the toll concessionaire agreements normally will discuss in the cabinet meeting, and MCA have several ministers in cabinet, they should well understand the issue before this concessionaire agreement made public.

As Malaysia citizen, that a great idea the the government review all the toll concessionaire agreements, but do our government act the best benefits for rakyat to sign the agreement the toll concessionaire agreement? Of course government also have to fair enough to the toll concessionaire company, but if there is lopsided then is not fair to either side.

Works Minister Datuk Mohd Zin Mohamed said all future toll concession agreements signed between the Government and highway operators will be made public.

But what we concern is the agreement will be fair enough?

US Tax Cut & Fiscal Spending to Boost Economy, Will Malaysia Follow Suit?

US President-Elect Barack Obama economic stimulus package including hundred billion of dollars worth of tax relief to individual and corporate, according to the transition official.

The tax relief will make up around 40% of the stimulus package and worth as much as USD 775billion.

The plan would attempt to boost consumer demand, a tax break worth USD 500 for individual and USD 1000 for couple.

For Business, US allowing companies to get refunds for taxes paid in any or all of the past five years by deducting losses they’ve incurred now; those losses can currently only be carried back two years.

US President-elect said “We need an American Recovery and Reinvestment Plan that not only creates jobs in the short-term but spurs economic growth and competitiveness in the long-term,” and “And this plan must be designed in a new way—we can’t just fall into the old Washington habit of throwing money at the problem. We must make strategic investments that will serve as a down payment on our long-term economic future. We must demand vigorous oversight and strict accountability for achieving results. And we must restore fiscal responsibility and make the tough choices so that as the economy recovers, the deficit starts to come down. That is how we will achieve the number one goal of my plan—which is to create three million new jobs, more than eighty percent of them in the private sector.”

How will Malaysia over come the global recession, will Malaysia government take the same move as US for the Recovery and Reinvestment plan. Will our government able to come out a solution that spur the economic growth and competitiveness in the long-term? Do our government can make a strategic investment that benefits our long-term economy?

Can the Malaysian political use US politic as benchmark that come together to seek solutions that benefit not the interests of any party, or the agenda of any political group, but the success of all Malaysian? Or Malaysia political use the "Dewan Rakyat" as the place for them to "mouth battle" and past their time, I am not said that they didn't do their duty, but let us watch the live telecast to justify ourself.

We Malaysia face the 1997 economic crisis before, we should be more knowledgeable to handle the economy crisis.

So how will the Malaysia political both Barisan Nasional and Pakatan Rakyat come out a better solution to make all Malaysian have a better lifestyle in the future.

Reference :

1. CHANGE.GOV -American Recovery and Reinvestment Saturday, January 3, 2009 06:00am EST / Posted by Dave Rochelson

2. BLOOMBERG.COM - Obama Said to Push for Tax Cuts in Stimulus Plan By Brian Faler and Ryan J. Donmoyer

2009 Malaysia Growth may hit 8-years Low

According Morgan Stanley recent report, Malaysia trade surplus will condense, as slowing in demand and lower commodity price.

Mr. Deyi Tan Morgan Stanley economist predicted that South East Asian nation may grow 0.5% in 2009, while Malaysia goverment still expect our nation growth rate will at the rate of 3.5%. The economist also forecast that the trade surplus may narrow to 17.1% in 2009 from 20.6% 2008. Whose figure should the people rely on? We are the net export country, and the demand for export will decrease and the price of our commodity come down.

Malaysia growth model of trade is depend on commodity resource and fiscal pump-priming. With the currenct stituation, demand for export slow down, palm oil & crude oil price come down more than 50%, it is tough for us to maintain the trade balance.

On 11th Jan 2007 according to AFX news, Malaysia's second finance minister Nor Mohamed Yakcop remain confident that Malaysia economic growth will achieve around 6-6.5% in 2008 despite higher crude oil price at the point of time. He also mentioned that revenue from the state-run oil comapny Petronas will be better for with the higher oil price, but where is the money Petronas spend when the time Petronas enjoy higher oil price?

As Malaysia growth may be slow down, when the good time do the government keep the money? If yes, will the government spend it?




Reference :
1) http://www.btimes.com.my/Current_News/BTIMES/articles/20081219105257/Article/index_html
2) http://www.forbes.com/markets/feeds/afx/2007/11/01/afx4287510.html

When will Malaysia Government Implement Good and Service Tax (GST)?

Last week on one occasion when I met up my uncle, we have a talk regarding to Good and Service Tax (GST) in Malaysia, as this is new to Malaysia although it was newly acquainted in 2005 Budget. GST was implemented in Singapore since 1st April 1994. GST had been implemented in countries such as New Zealand, United Kingdom, Republic of South Africa, Canada, Pakistan and etc.

On that time I thought, what for we have so many taxes, since we have personal income tax, if those who own vehicle need to pay road tax, those who own house need pay Land Assessment Bill (cukai tanah) and etc. Is this GST makes us pay more? A burden to the people? Enough!!! The people (rakyat) is having a hard time, did government know this? With GST, it will replace the existing sales & service tax, that seem not much affection to us in certain points.

After listened to my uncle points of view, I think that implementation of GST is not really a "bad" things, as long as government spends the money wisely and re-distribute the money fairly, and this is the 1st time I agree that government pay back the money, previously I object that government should subsidise or pay money to rakyat. Why I will say so, I will explain in details in the this article later. In fact I think the earlier implementation of GST, the better to Malaysian.

GST (also known as Value Added Tax) is a multi stage tax, unlike the the current sales tax which is the single stage tax. Although GST involve multiple stage tax but it only cost to the final consumer.

For example, a consumer would like to purchase a wooden table, and standard GST rate apply:

1. Woods supplier:
Sales price : RM50.00
GST 5% : RM 2.50
Total : RM 52.50

Payment to Government:
GST Charged : RM 2.50
Less GST incurred: RM 0.00
GST Payable : RM 2.50

2. Furniture Manufacture:
Sales price : RM 150.00
GST 5% : RM 7.50
Total : RM 157.50

Payment to Government:
GST Charged : RM 7.50
Less GST incurred : RM 2.50
GST Payable : RM 5.00

3. Furniture Wholesaler:
Sales Price : RM 200.00
GST 5% : RM 10.00
Total : RM 210.00

Payment to Government:
GST Charged : RM 10.00
Less GST incurred : RM 7.50 (2.50+5.00)
GST Payable : RM 2.50

4. Retailer :
Sales Price : RM 250.00
GST 5% : RM 12.50
Total : RM 262.50

Payment to Government:
GST Charged : RM 12.50
Less GST incurred : RM 10.00 (2.50+5.00+2.50)
GST Payable : RM 2.50

5. Consumer :
Sales Price : RM 250.00
GST 5% : RM 12.50
Total : RM 262.50

As we can see for the above example, the GST will only cost the final consumer to pay the tax of RM12.50. If we assume woods supplier cost is RM 0, the woods supplier make RM 50.00, the furniture manufacture profit RM 100.00, the wholesaler profit RM 50.00 and the retailer also make RM50.00.

The discussion paper of tax review paper mention a few terminologies which we need to understand:
1. Input tax
2. Output Tax
3. Standard-rated supplies
4. Zero-rated supplies
5. Exempt supplies

That I will not elaborate much, as I would more concern is, how will this benefit to Malaysia. I strongly believe when GST implement the personal tax may be reduce, will this a good news to us?

The implementation of GST is good to us. As we know, currently we are using tax return form to file our annual income tax. If a person under declare his income, how efficient the LHDN to detect or in detecting the under declare? We earn is to spend. If the govt. guards the tax revenue on the consumer spending, it is more difficult for the people to evade paying the tax. You can't go to KFC tell them, I am not going to pay the sales tax, they will kick you out.... Haha...

But the problems are, if we reduce the income tax, the rich will pay less income tax. With the implementation of GST, the sellers will not care whether the consumer is rich or poor, they will just bill you with the GST. According to tradition, we have the idea of the rich pay more, the poor exempted from paying tax... haha... this one should be no argument.. LOL... maybe some of the rich guy will not happy, but they have to do so, or else LHDN will come after them. In general (rakyat) will object the GST, they will say with GST they need to pay more on goods, while the rich can save for income tax, poor become lesser money since they pay the GST, they will complain how can the government do so? But if with the government proper control and wise management of the tax, the government can actually pay back the money to the poor.

How come I will say the government pay back money to the poor, with the proper control of GST, we can cut down the tax evasion. The rich, who make a lot of money they sure would prefer luxury life, buy big bungalow, condominium, cars, jewellery, branded wears and etc. Then we tax them from there. Of course for the super duper rich people, they will also incur in income tax as the government will not totally expel off.

Government may set certain rules, under certain income the government will pay back some money to them in order to reduce their burden of GST.

From the example that I give, if the woods supplier under declare the income tax definetly the furniture manufacture will not agree. Why?
1. Woods supplier sell the woods to Furniture Manufacture RM 50.00, but if it declare it at RM 30.00.
2. Woods supplier will pay only RM30.00 at 25% corporate tax, the other RM20.00 evasion.
3. Furniture manufacture will object for that, why I pay RM50.00 you declare RM30.00, sooner furniture manufacture will sell the product in RM 150.00, it seem that it make profit of RM 120.00 in stead of actual RM 100.00. And the input GST incurred is lesser, Furniture manufacture customer have to pay more GST. Now the Furniture manufacture have to pay the tax for the Woods supplier.
4. So in this example, it seem that the buyer will check & balance for the purchasing. Rather than current tax system, the buyer just buy the goods, how you declare is your matter.

My opinion is that, if we implement the GST the government tax revenue will increase due to the efficient of collecting the tax, it is a good news. With the extra money, will the government spends wisely and making sure it brings benefits to us as the nation people?