Categories
Politics & government

[2217] Of it says not less than RM2,000!

I am busy but this controversy relating to Tian Chua’s sentence and his status as the Member of Parliament for Batu enrages me so much that I feel compelled to write something about it.

The law clearly states that an MP will lose his or her chair in the Parliament if he or she is ”sentenced to imprisonment for a term of not less than one year or to a fine of not less than RM2,000 and has not received a free pardon.” Any respectable college graduate — even those whom have passed their high school — will see that the equivalence is an MP will lose his or her chair if sentenced to jail for one year or more, or fined RM2,000 or more.

Surely, one does not need a law degree to come to that conclusion. Apparently, some in the legal profession believe that, as a friend of mine said, they can rewrite the laws of mathematics. They insist that legal precedent overrules mathematics!

Somebody should point out to them that this group of legal experts may lack knowledge of mathematics to undertake such a bold project.

This is probably a damning sign of the deplorable state of Malaysian education and legal systems. They do not know their inequality. Yikes!

Tian Chua the Batu MP at first was sentenced with a fine of RM3,000. In the name of public interest, the judge reduced the sentence to RM2,000 to avoid the need for a by-election, which will increase the cost of his judgment. Good intention, maybe, but RM2,000 will simply not do it. It has to be less than RM2,000.

Tian Chua’s legal counsel Amer Hamzah argues that ”not less than RM2,000” means more than RM2,000 and cites a legal precedent to back it up. Lawyers are lawyers. They want to win and I cannot blame them for that. They are paid to win. What more can I say?

Regardless of that, the truth is that the precedent is wrong and it has to be corrected.

Unless the judge believes in that argument by the lawyer, the judge has mistaken in his action. His action is not in line with his intention. Unlike Amer Hamzah, the judge does not have the room to perform ridiculous maneuvre. The judge should live up to the mistake and allow the next piece in the domino set to fall.

If the judge actually believes in Amer Hamzah’s argument, then the judge has to be an illiterate of mathematics.

A legal expert Shaq Faruqi states that ”[i]f the judge said he wished to avoid an election and to substitute the first court’s sentence with a sentence that avoids a by-election, then we should try to give effect to that purpose.” Professor, good intention is not enough.

It is not good enough because all this could have been avoided. It was not and we are at this juncture. Maybe, the judge is incompetent to do the necessary. Maybe, it is a plain mistake. Whatever it is, the right thing to do is to live with the mistake and live with the law. The law in this matter is quite uncontroversial anyway.

Furthermore, it is not good enough because there is a way to address this problem without bending the law too much. The next course of action should be an appeal.

But if Tian Chua refuses not appeal as he has indicated, then by all means, let us have an election in Batu. That is the rule of law. No to arbitrariness, please.

And let us blame the judge for incompetence.

Categories
Politics & government Society

[2216] Of solution to Methodist Church’s fear of politicization

The Methodist Church in Malaysia is apparently under heavy criticism after it accepted money from the BN federal government during the recent Sibu parliamentary by-election. Quite clearly, the context in which the money was given strongly suggests that the money transfer was political of nature. The transfer could have been done outside of election time but I am confident that without the election in Sibu, the money would not have found its way to the Church’s hand.

Bishop Hwa Yung of the Church’s Council of Presidents in defending the Church, among others, states that it is the responsibility of the government to give grants to religious bodies.[1]

The Bishop insists that the Church cannot takes sides in politics. Yet, the Church suffers from politicization and it was presented with difficult fork: accept the money and be dammned as pro-government; reject the money and be deemed as pro-opposition.

A pragmatist would look at the options, understand the inevitability of politicization under the scenario and settle for the least hurtful outcome. Between suffer politicization, or suffer politicization and be several millions richer, the optimal solution is non-brainer. The Church is a pragmatist. It took a pragmatist action. It took the money. It is as simple as that. Save the moral argument.

The fear of politicization issue would have been comprehensible if it is not how the Bishop defended the action of the Church. The Bishop writes “the problem in our country is that most of the money for religious bodies is usually given to one particular religious community, with relatively much smaller proportions given to other communities“.

It is hard for me to sympathize with the Church when it uses that reasoning as its shield. First of all, the Church should realize that this is an arbitrary gift from the government. The grant in no way solves the problem of unfairness that the Bishop raises. Besides, no wrongdoing should be used to correct a wrong. The act of justifying the arbitrariness is thus problematic, making the Church’s fear sounds hollow.

As a secularist, his statement that it is the responsibility of the government to give grants to religious institutions makes it impossible for me to sympathize with the Church.

Perhaps such dilemma would not have existed if the state was secular. By secular, it is the idea that it is not the responsibility of the state to provide religious bodies with money.

If the Church does not want to find itself in such dilemma ever again, it should support such secularism. Under such secularism, the Church will never have to face the oh-so-painful problem of accepting or rejecting money from the government.

Secularism solves the dilemma cleanly. Why not try it?

But really, is it a dilemma to start with? Who are we kidding? A lot of us can do with a little bit of money. That includes religious institutions as well.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

[1] — Many of our church members are aware of the reports in the media that the government made grants to four Methodist churches in Sibu, on the eve of the recent parliamentary by-election. The Council of Presidents discussed this matter at its May 25 meeting.

Pending fuller deliberations on the matter by the General Conference Executive Council at its upcoming meeting, we wish to issue a pastoral letter stating the following:

1. First, the giving of grants to religious bodies for the advancement of religion, as well as to other bodies like schools, etc, is a government responsibility. To receive such is a citizen’s right. After all, the money given is actually taxpayers’ money. [Church is non-partisan, grants put us in dilemma. Hwa Yung. Malaysiakini. May 28 2010]

Categories
Conflict & disaster

[2215] Of Israel is shooting itself in the foot

Israel has always been in the spotlight. But rarely have its actions compelled friendly countries to speak out against it. The assassination in Dubai carried out by the Israeli secret service has hurt its ties with a number of important countries which it maintains good relations with; these countries are angry that their passports were forged by the Israeli secret service. Recent attack on an aid convoy to Gaza by Israeli commandos looks to worsen those relationships even further.

The convoy sought to break the Israeli naval blockade of Gaza and deliver aids to Palestinians there. Faced with a hardened military, I doubted the convoy would be successful. Just months ago, another convoy attempted to deliver aids to Gaza. It failed because Israel simply would not let them in. It is hard to imagine how another convoy would be any more successful than the last.

Due to its limited chance of success, a convoy like this is more of a political maneuver instead of a humanitarian one. Let us be honest. Those on board the convoy are not aid workers. They are activists. Not that it is a bad thing to apply political pressure. It has its uses but it is what it is.

A refusal to let the convoy pass, although unfortunate, is a completely understandable action taken by Israel, even if it is a disagreeable one. To attack the convoy however, is beyond comprehension.

The attack that has left at least ten dead. It is senseless. It is a gross overreaction on the part of Israel.

Israel deserves to be criticized harshly for that. An action should be taken against Israel but realistically, that will not happen.

I do not think this would cause a break in Israeli diplomatic relationship with major countries. But the criticism directed at Israel so far has been quite sharp.

Immediately upon learning of the attack on the convoy, multiple countries like France, Greece, Spain and Sweden have summoned Israeli ambassadors, demanding an explanation. Turkey, one of very few countries with Muslim majority progressive enough to have diplomatic line with its southern neighbor, has recalled its ambassador.

In the background, Israel’s relationship with the US ever since Obama came into the Oval Office has not been as warm as it typically used to be. Down under with respect to the forgery fiasco, Australian Prime Minister Kevin Rudd said, “…Australia would not regard that as the act of a friend“. Australia recently expelled a senior Israeli diplomat involved in the issue. There is popular support for expulsion.

And on Australian TV today, videos of Israeli military storming the convoy boat received front-page treatment. It is on the front-page of the online version of the New York Times and Financial Times. I wonder what this morning dead tree editions will look like.

The result from the attack on the convoy simply cannot be good for Israel. There is already inertia against Israel. The attack adds more momentum in the wrong direction for Israel.

Categories
Personal

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Categories
Economics

[2213] Of taking undue credit from the growth

When the economy first began to tumble down in 2008, those within the government were eager to point out that weakened external demand caused it. The financial crisis that began in the United States hurt global trade. Being a highly trade-dependent economy, there was no escaping for Malaysia. To put the blame on those in the government was unfair and wrong.

Now that the economy is rebounding in a spectacular fashion, those within the government are eager to claim credit for it. Perhaps, way too much credit.

Although it is arguable that the stimulus spending did contribute to the encouraging 10.1 per cent year-on-year growth of GDP — controversial claim but let us leave it at that — it is likely that the growth was mostly due to the same external factor that caused the recession in the first place. Contribution by the stimulus package was probably very pale compared to contribution from external demand.

It helps to rewind back to 2008 and 2009 when it all began. We need to understand that the cause of the recession was the drop in international trade, as far as Malaysia and other trade-dependent countries were concerned.

Furthermore, it is crucial to remember that not all of the RM67 billion of the stimulus package announced was actual spending. For instance, some came in form of guarantees. This lessens the potential impact of the stimulus, unlike what the proponents would like to believe. When they speak of the stimulus, they almost always speak as if the whole RM67 billion was direct spending, which is not true.

Even if all of the RM67 billion were in form of direct spending, it would still not counter the effect of falling trade volume. The spending did very little to reverse the fall. At best, one could claim that it cushioned the impact of the recession.

Here is a digression. Fiscal stimulus proponents argued earlier that it was a cushion. It was not much of a cushion, as we all saw. Their narrative has changed. They now claim that it aids recovery. Funny how the story changes, is it not?

The reverse in trade trend was so great that it created a great chasm in any graph. No government spending could overcome that chasm. The fact that the country entered a recession despite what Prime Minister Najib Razak called unprecedented spending is proof enough.

Toward the end of 2009 and in the first quarter of 2010, world trade recovered as spectacularly as it had fallen during the so-called Great Recession. For high trade intensity countries like Malaysia, it was extremely good news simply because it signals normalization.

Nothing more. This is a crucial point. The 10.1 per cent is merely a sign of normalization rather a sign of actual rapid growth, in the bigger picture. More than that, it is about the normalization of trade.

The big picture is this: The big growth numbers in high trade dependent countries that suffered significant contraction — be it in Malaysia, Singapore or Taiwan — are due to base effect rather than proof of excellent economic management skill of the countries with respect to growth. That chasm in the graph allows base effect to take a prominent role in exciting growth.

What is base effect?

Consider a person investing RM100 in a fund for two years. At the end of the first year, suppose the fund makes a loss of 50 per cent and hence, the person has only RM50 now. At the end of second year, the fund makes a return of 100 per cent and hence, the person has RM100 again.

Notice that the person, after two years, makes no profits or loss. Yet, the person makes a staggering 100 per cent return in the second year, if the second year is taken in isolation. That 100 per cent return is only impressive if the full context is unaccounted for.

Consider the case of Malaysia for the past two years. The year-on-year growth for the first quarter of 2009 was terrible: -6.2 per cent. The year-on-year growth for 2010 was magnificent: 10.1 per cent. What does two-year growth from the first quarter of 2008 look like?

A mere 3.2 per cent.

If one takes a ten-year horizon, then one will realize the mediocre contribution of the first quarter of 2010 to the Malaysian economy compared to other years. Take an even longer view and January, February and March of 2010 become insignificant points.

The reason for its insignificance is that base effect is temporary.

This story is repeatable in other Asian countries badly affected by the recession. Singapore suffered 11.5 per cent contraction in the first quarter of 2009. In the first quarter of 2010, it registered 15.5 per cent growth. Taiwan contracted 10.2 per cent. It grew 13.2 per cent later. These are extraordinary numbers caused by extraordinary circumstances, not by extraordinary government.

The story of able administrators becomes weaker and weaker as more and more countries with high trade intensity — which Malaysia is one of — exhibit the same pattern of growth. There must be a reason why multiple countries that share similar characteristic with Malaysia are showing great growth.

That reason is base effect. It comfortably explains the phenomenon to a large degree.

Are you still unconvinced about the centrality of base effect?

Take Thailand. Despite all of its troubles, it is expected to achieve stellar growth of 8.9 per cent in the first quarter. It contracted 7.1 per cent a year earlier. It is hard to believe that the growth in Thailand was due to good economic management by the government. Base effect is able to explain it rather well.

Supporters and proponent of fiscal stimulus maybe unconvinced by the base effect argument. They may insist on multiplier effect from two previous stimulus packages. Unfortunately for them, increased trade dominates the celebrated statistics of the first quarter. This increased trade drives the base effect.

And what about the multiplier from trade? Surely, the benefits of trade spill to other sector of the economy.

If somebody or something deserves to take credit for exciting the economy, it is world trade. It is consumers of the world. It is not the government or the fiscal stimulus.

Lastly, the second and third quarter of 2009 registered lower levels of GDP compared to the respective quarters a year earlier for Malaysia. That means the base effect will likely disappear only in the fourth quarter of 2010. Opportunity for spectacular growth will diminish soon enough.

For his administration claim credit — or for somebody to credit the administration — for the performance of the economy, before the base effect peters out, especially as early as the first quarter, is premature.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

First published in The Malaysian Insider on May 24 2010.