skip to main | skip to sidebar

Updated 5.9.2014
 

skip to main | skip to sidebar

THE PREDATORS THAT BRING SHAME TO MALAYSIA

The management of credit causalities is normally a prime aspect of governance in most financially emancipated nations. Sadly this cannot be said of Malaysia.

The picture below is a symbol of that statement.

Malaysia is a nation where corrupt and vicious lending institutions seem to have been given an open license to predate on the populace of Malaysia. They reign free as the legalised and licensed pirates of the land.

Malaysia is nation where governance is blind to the open exploits of criminal syndicates that accumulate vast, corrupt wealth. They do so by demanding exorbitant sums from the victims of money lending institutions and the Department of Inland Revenue.

They substantiate their demands by alleging that the payments are to satiate corrupt persons in the Office of the Official Assignee, court officials, staff of the Department of Inland Revenue, senior bank officers, lawyers for the lending institutions, and, even judges and magistrates.

Killers, robbers, fraudsters, drug pushers and human traffickers are automatically freed after their sentence. They even get a “50%” discount from their sentences if they enter a guilty plea. This humane privilege is not extended to a financial causality in Malaysia.

Today, in Malaysia, 250,000 non – felonious, financial casualties are being brutalized by an ill conceived law in Malaysia. Strapped to a financial strait jacket, they languish to a slow death due to an anomaly in a law, (created in 1967). The victims are non - criminal men, women, elders and youths. Predators manipulate this ugly situation to gain vast and corrupt wealth.

There are some who know of compassion only when they sense a media opportunity. There are many who feel compassion, only they themselves have to seek it, for themselves.

There are the silent majority who do good, because it is the only right thing to do.

Please help by persuading the law makers to spare a glance at this issue, and correct a very evil state of affairs.

Thank you.

PRELUDE

Nearly A QUARTER OF A MILLION people are financial captives and are being made to suffer by a semi - evolved financial governance in Malaysia. The dependants of each victim often go hungry, children are deprived, emotional and mental trauma sets in, and, the social fabric of families is permanently destroyed.

All that’s needed now is one voice of a brave, caring leader of the community (from the Government, the Opposition or an NGO) to make a press call to demand an end to this barbaric victimization. This can help persuade the Government of Malaysia, to end this vicious crime against a fallen segment of society. This will give near 250,000 non-felonious Malaysians, and their near ¾ million dependants, a second chance in life.

UGLY FACTS

Anti Corruption Director, Datuk Samsiah Abu Bakar, , as reported in the Star dated 28th May 2011, has confirmed that “enforcement officers are receiving bribes that are as high as RM 1 million Ringgit, and, that 422 persons were placed in custody between April 2010 and March 2011. Why is the Government not enforcing a demand that all embezzled funds be repaid prior to a release from custody (as they do so from bankrupted persons)?

White collar crime is rampant in Malaysia – even the Islamic authority Tabong Haji Malaysia has not been spared. There are cases of frauds involving multi millions, but these fraudsters receive a minimal fine and a minimal sentence of a few years, and, are then assured of a auto release.


It has been reported that student borrowers owe billions, yes billions, to the Government for their scholastic funding. Some are genuinely unable to pay their dues. Most abscond despite being employed in high paying jobs. Since individual loans can come up to a few hundreds of thousand each, aren’t these fraudsters depriving other deserving ones of a chance to success. Why are they not being bankrupted? Is there a political motive here?


The Inspector General of Police was quoted in The Sun that “the cases for last year (2010) involved losses amounting to nearly a billion (RM 917,928,978)". Why is there no effort by the Government to demand that all embezzled funds be repaid prior to a release from jail (as they do so from bankrupted persons).

WHY?
Why then are financial causalities being singled out for vicious suppression?

Why are the parliamentarians from the Government feigning ignorance of this dark issue? Why can’t they emulate the voices of the wise in their midst - like Tan Sri Ramon Navaratnam in this article below. 

The Chairman of the UMNO Economic and Young Entrepreneurs Development Bureau, Datuk Sohaimi Shahadan – “these people are not criminals. Give them a second chance”. 

Why should we trust the raucous opposition parliamentarians, who aspire to form the next government, when they are so callously blind to this social injustice and suffering by nearly a million people in Malaysia? Shameful indeed is their focus on cheap stunts, eg. DAP Parliamentarian Manoharan’s demanded a change to the Malaysian flag. This happened on the same day that the Prime Minister announced sweeping changes to liberalise constrictive laws against criminals and incendiary politicians.



Why are the MCA, GERAKAN, MIC and other ethnic parties blind to the fact that a major portion of the afflicted persons they claim to champion are the Chinese and Indians who are now financially incarcerated for life?



Why are there suspicions that the anti ISA  and anti sedition causes they scream for, is nothing more than a personal hunger for vendetta by leaders of opposition parties? This suffering affects a million, while the ISA impacts on a few hundred. Let’s please set aside ideologies, it’s time for reality.



Why are the persons in Malaysia opting for the gutter politics of the Pakistan, Bangladesh, India and the Middle East. This refers particularly to the new breed of "political leaders" who are now steering this peaceful nation into a implosive direction. 

THE CHARADE  The Minister in the Prime Minister’s Department, Datuk Seri Mohamed Nazri Abdul Aziz, announced on 9th August 2009 that, “the department had managed a total of 64,072 bankruptcy cases from January 2005 to June 2009, of which 7,521 cases were recorded for the first six months of 2009”. May we respectfully make a query as to how his underpowered and overwhelmed, department “managed” 64,072 cases in 4 and a half years?

Statistically speaking, a period of 4 and a half years is 1080 days - to resolve/manage 64,072 cases in 4.5 years, the department needs to resolve/manage 59 cases a day at the rate of 7.3 cases per hour and 1.2 cases every 10 minutes. Is this even remotely possible? Why is there then a 6 figure backlog by the department? Datuk Nazri, sir, could you have been mislead by your briefing officers?

This is especially in view that Deputy Minister in the Prime Ministers Department, Datuk Liew Vui Keong, in reply to a query by Senator Zamri Yusoff on the 18th April 2011, confirmed that there were 224,943 bankruptcy cases as at 31 December 2010. He then refuted suggestions that bankrupts were able to discharge themselves immediately. Is this a confession that there is truth to the suspicions prevailing? Can someone now privilege us with the bare truth and the bare facts!

Datuk Nazri, it is now exactly 2 years since you made the statement on 9th August 2009 that brought so much hope to the 250,000 people, especially the sick or elderly, who are incarcerated by the sadistic Bankruptcy Act of 1967. The Government is singing of 1Malaysia, and on the other hand, cold blooded rogues are raining havoc on innocent and helpless civilians. As a lawyer, I am sure you are aware that banks, and the LHDN always usurp twice or thrice borrowed/ due amounts.

Surely, the deprival of a means of livelihood, and the misery to nearly 300,000 citizens, (growing annually by 15,000) over 5 torturous years of financial incarceration, is enough to satiate even the most blood thirsty creditor. Thus, please do give all bankrupted persons an auto release after the 5 year tenure of bankruptcy – just like the criminals who are guaranteed freedom after their sentenced periods. Only in this case, the people under your care are not felons or criminals.

THE FACTS     Socially evolved countries apply rehabilitative strategies, discarding the backward and punitive methods of financial governance, that is common in emerging nations. As examples, in Australia a person is automatically discharged from bankruptcy after 2 years, and (1 year) in England.

In Malaysia, a vicious, unforgiving anomaly in the Bankruptcy Ordinance of 1967 prevents an auto discharge, even after the adjudicated 5 years. In Malaysia, one has to apply to either the Courts or the Official Assignee’s Office (Jabatan Insolvensi Malaysia) for a discharge. That’s why, 250,000 Malaysians are being kept bankrupted for life with nearly 17, 000  joining their ranks every year.

Suffering is compounded because all creditors, particularly the LHDN (Department of Inland Revenue) are given the power to block discharges, (even after the 5 years of bankruptcy). A large base of corrupt staff in the LHDN (especially in the Legal Division), victimize citizens with invalid and contorted assessments and claims. The subsequent use of rubber stamp judgements by the Courts clinches the kill. Note that their notoriety for ethnic persecution, does not give them credibility to block discharges. It is also immoral and unethical!

In addition, should bankrupts survive the 5 year financial incarceration, and do appeal for a discharge, they are expected to deposit substantial sums prior to a court appeal. These funds are non refundable if the appeal fails.

I ask now, how is a person who is having difficulty to put food on the family dining table, going to find funds to meet this precondition? Doesn’t this state of affairs automatically make a bankrupt a financial captive for decades? Even more sickening, Malaysia’s bankruptcy laws can keep persons ensnared till age 70, and indefinitely,

Equally as vicious, is that no exception is made for medically impaired people. Travel is completely barred except for medical, death/emergency of a relative or to perform an Umrah. Why is this religious right not bestowed on persons of other faiths? Are they not fellow humans? In a multi religious/racial country, is this considered wise governance. Can anyone be blamed for suspicions that scream to be heard?

Why can’t the Government be compassionate to the bankrupts, especially as it was with the Jemaah Islamiah Terrorist League, (it received a full Aidil Fitri pardon)? Don’t these factors support allegations of racially biased governance?

 No country inthe world demands financial compensation from even armed robbers or criminals who take life (prior to their release from jail). Why then is this vile situation being enforced against non felonious persons? This situation empowers rogue lawyers, bankers, corrupt Civil Service and Court personnel to extort immense sums from financial casualties.

Acting Director General of the Official Assignee’s Office, Mr. Roslan Abu Bakar was quoted in The New Straits Times, dated 17 December 2007, as saying that 50% of bankrupts are being discharged because they are not traceable. Supposedly, this was because they did not upgrade their identity cards to the mandatory Mycard. This is tantamount to a confession that those who abide by the law suffer permanently. Wouldn’t this create suspicions of bias and wouldn’t it lead to demands for the racial demographics of the persons released so far?

It is a known fact that persons who refuse to switch to a MyCard are persons who fear that they may be exposed as illegal aliens, the descendants of one, or have reasons to be in hiding.? Is it similar to the situation where hundreds of thousands of traffic violators are able to practically spit on the faces of the Police?

Making matters worse, the department that governs bankrupts, the Jabatan Insolvensi Malaysia, is staffed by a 1,000 persons. From this, a mere 75 persons interact with the present 300,000 bankrupted citizens in the country.

Many amongst them are good people, with an exception of a few sadists and racists in their midst. Most insist that they dislike the dirty and un-Islamic duty of being attack dogs for money-lender institutions and the infamous LHDN.

Unfortunately, this is a department that’s not designed for rehabilitation. Instead, it functions as a mere bill collector for financial institutions, the Department of Inland Revenue and other creditors. Vague procedures compel staff members to robotically focus solely on the collection alone – even though nearly most claims are punitive, shady and often based on wild and illegal interest computations.

This happens because most staff have no legal background and lack knowledge of accounting practices to compute, investigate or evaluate claims. This weakness makes them unqualified and incapable of just governance. That is why their only mode of thought is to enforce the demands of claimants blindly. 

Most bankrupted persons are not even aware that they have been made bankrupt. That’s because they are bankrupted via a substituted service of summons – a legal loophole for lawyers to secure judgement for their clients without allowing an opportunity for a defence.


A tiny advert in the classifieds of a mainstream Government - linked news paper is all that’s necessary to execute this so called legal process. In addition, many sleaze lawyers delay court procedures so as to accumulate and multiply punitive interest claims.

Banks are strengthened by powerful individuals in the Boards. As a vile example, Citibank proudly announced the appointment of the father of the Governor of the Central Bank of Malaysia to its Board (within months of her attaining Governorship).

Please Mr. Prime Minister. Malaysia has enough ugly situations simmering.  We do not need another one like this.

Mr. Prime Minister, with all due respect, it stands to reason that the logistics of managing and administering 250,000 cases, by a department that is overstretched and overwhelmed, would be an impossible feat, even over a 20 year period. 

Furthermore, considering the fact that 41 people are being bankrupted DAILY, leading to an annual increase of 15,000, there would be a new pile up of 300,000 cases by the next 20 years.This is in addition to the present 300,000 people in financial captivity.


Wouldn't  it be gracious and compassionate to admit that the whole system is in dire need of  a revamp?  Wouldn't it be better to give an auto amnesty to those who have served their 5 year adjudication, like all developed countries? 

This would eliminate congestion in the Official Assignee’s office, and most importantly in the Courts. Please now show us your good faith, by first acknowledging this hideous brutality against Malaysians, and you will be sure of a million votes in gratitude. 


All that’s required is a legislation to correct the anomaly that was mentioned earlier.

        

 Written by Sharlz D - A fellow being with absolutely no link to the  political agenda     of any political party or NGO. 

GALLERY

"No use saying sorry to people during polls" 

Datuk Seri Najib Tun Razaksaid there was no use apologising to the people during the general election.“If something is not right, now is the time to rectify it,” he said

Report by YUEN MEIKENG  -  meikeng@thestar.com.mya   -  Monday October 3, 2011