Tuesday, 23 March 2010

Rumah Sakit Yang Sakit « Lim Kit Siang

Rumah Sakit Yang Sakit


An Open Letter to Health Minister

Dear Yang Berkhidmat Liow Tiong Lai,

Mr. Wong, an elderly man presented at Hospital Likas because of severe breathlessness and was found to have severe pneumonia on chest x-ray.

He was then admitted to the High Dependency Unit of Queen Elizabeth Hospital (QEH) 30 minutes away for treatment.

He improved after six days and was then transferred to the normal ward for further recuperation.

A bed was urgently needed one day later and the frail Mr. Wong was then shipped off to Hospital Bukit Padang for ‘rehabilitation’.

Alas, he did not improve but instead deteriorated.

As Hospital Bukit Padang was devoid of the necessary equipment and setup for managing emergencies and ill patients, Mr. Wong was then resent back to QEH for further management.

More tests were required and old Wong was then sent to Sabah Medical Center for a CT scan.

I’m not sure what happened to Mr. Wong thereafter.

Dear Minister,

I hope this short story did not catch you in an awkward moment as the infamous video did to your amorous predecessor.

I hate to interrupt you in the midst of your personal battle for self preservation in the increasingly irrelevant political party called MCA but the healthcare crisis in Sabah has just taken a turn for the worse.

The locals in Sabah refer to hospitals as ‘rumah sakit’ – translated literally to mean a ‘sick house’.

Increasingly, the Queen Elizabeth Hospital, the only tertiary referral center in Sabah is living up her grand title of being a sick house.

Partially shut down since September 2008, the ailing sick house of Sabah has turned critical recently, with worsening cracks and falling tiles and a real threat of frank collapse.

The older blocks nearby were declared unsafe and subsequently evacuated and shut down.

Ill and frail patients were shipped off in a frenzy like unwanted cargo to nearby centers like Hospital Bukit Padang the mental institution, Hospital Likas, and the makeshift hospital of Lingzhi Museum in Kepayan and of course, UMNO’s favourite Sabah Medical Center (SMC).

Mr. Minister of Health,

The formation of the Queen- SMC-Likas-Lingzhi-BukitPadang medical maze has brought total chaos to healthcare services in Sabah.

The docile and unassuming Sabahan patients are constantly playing a wicked game of musical chairs, being transported around from one hospital to another according to their changing healthcare needs.

There is not one single center that can address a patient as a whole.

A lady in labor will be told that she can’t do so in QEH, while a fitting patient are whisked away from Likas to QEH.

A child with a broken limb may go to SMC but the surgery can only be done in Likas.

Elderly Mr. Wong is merely one of many such victims.

Continuity of care is virtually impossible when patients are moved about every few days.

Valuable investigations and data are lost in the process of multiple transfers resulting in costly, repeated tests.

Patients have even died due to the lack of emergency equipment and the deficient setup at the peripheral wards.

You will not hear all these because your little pharaohs in the state health department have done a great job concealing negligence, mismanagement and sheer stupidity.

Medical personnel are suffering in silence too.

Doctors from house officers to specialists are rushing around the five medical centers daily, wasting precious time, fuel and energy in the process of doing so.

Medical officers have been doing eight to fifteen on-calls every month as a result of the increased locations housing the sick.

That is fifteen days away from home and family every month, mind you.

Just in case you forgot we too have young, growing kids to care for.

Absent parents do not make for good family dynamics, won’t you agree?

We are risking our lives each working day wondering if the abandoned tower block will one day collapse upon us and send us to our Maker.

Our comrades serving in Sabah Medical Center are not having it any better.

In spite of the Barisan Nasional’s grandiose publicity buzz over the RM 245 million purchase of Sabah Medical Center, the medical personnel and patients have remained mere squatters in the premises.

The medical staffs are receiving summonses so very too often as a result of limited parking space.

Those of us in surgical disciplines are working till 9 pm on Mondays to Fridays so as to optimize the operating time of our three miserable rented surgical theatres.

In the SMC wards, 4-5 patients are cramped into rooms meant for two as the hospital was built to house a capacity of 150 beds only.

Mr. Minister,

My colleagues and I cordially invite you to come and see the ground situation for yourself without a grand entourage of administrative boot-lickers.

Patients who require hospital admission have to be turned away due to the insufficiency of places.

The inpatients meanwhile are packed like sardines in the current wards, with hardly a metre of space between beds.

The situation is comparable to a Vietnamese refugee camp.

Hospital-acquired infections are the norm rather the exception.

When a patient with tuberculosis coughs his lungs out, everyone in the ward will be inhaling the highly infectious Mycobacterium.

After 50 years of independence, our ill patients who require close observation are still sharing monitors and other equipment between themselves.

Is this the standard of care that Barisan Nasional is according to Najib’s self-proclaimed fixed deposit?

Whatever happened to all the oil money that Sabah has generated for Tanah Melayu over the last 50 years?

So you see, Mr Health Minister, we don’t need more jobless house officers, more empty promises and more tasty slogans like 1Malaysia.

We need 1Hospital and 1HealthMinister who is attuned to the sufferings of the rakyat under his care.

Do and be all that even though Sabah will most likely hand Barisan Nasional another landslide victory come next general election.

With warmest regards,
Product of the System.

A Blast From The Past.....

A Blast From The Past.....Was The Oil Royalty 5% Or 20%?

Is the Petroleum Development Act 1974 unconstitutional? Petronas doesn't answer to Parliament and is only answerable to the Prime Minister of the day-hence if my memory still serves me correctly the Prime Minister of the day is Najib Tun Razak.But 36 years ago,the time the Petroleum Act was enacted,the Prime Minister was Tun Abdul Razak (22th.Sept.1970-14th.Jan.1976), while Tun Hussein Onn serve as the Prime Minister from 14th.Jan.1976-16th.July.1981.

Ironically,call it just pure coincidence,we are now seeing off springs in a similar capacity.But today we're more keen to re-discover the events that took place in Sabah,which could have change the fate of Sabahans,especially when oil was actually first discovered in 1882.

On the morning of June 6th.1976 @10am,Sabah Chief Minister born as Donald Aloysius Marmaduke Stephens and ,later known as Tun Haji Mohammad Fuad Stephens boarded a Nomad Aircraft from Kota Kinabalu and bound for Labuan. Along with him on the flight were State Ministers Datuk Salleh Sulong, Chong Thien Vun, and Assistant Minister Darius Binion. The purpose was to welcome Malaysian Finance Minister Tengku Razaliegh Hamzah and Sarawak Chief Minister, Datuk Pattingi Hj.Abdul Rahman Yakub,who were visiting the oil refinery at Labuan.

On the 7th.June.1976,the visiting Finance Minister cum Petronas Founding Chairman, Tengku Razaleigh Hamzah was scheduled to sign an Oil Agreement in Kota Kinabalu between the State Government of Sabah and Petronas. Unfortunately the signing ceremony never took place, not on the 7th.June.1976 anyway. The reason.... Chief Minister Donald Stephens, Salleh Sulong, Chong Thien Vun, Peter Mojuntin (the Golden Son of the Kadazans) along with 7 others perished in the controversial accident of the Nomad Aircraft carrying them on the 6th.June.1976, in Kota Kinabalu. That tragedy is also known as the DOUBLE SIX TRAGEDY or DOUBLE SIX CRASH.

The question lingering in the minds of Sabahans till this day is - was the final discussion prior to the signing of this Oil Agreement 5% or 20% ?? Will we ever know?


Catastrophically, after only eight days after the First Huguan Siou, Donald Stephens, perished in that controversial crash, and on the 14th.June.1976,the Government of Sabah signed an agreement with Petronas, granting it the right to extract oil and earn revenue from the territorial waters of Sabah in exchange for 5% in annual revenue as royalty.

Today, after 34 years, its questionable if National oil firm Petronas could be unlawful as its founding law was approved before it signed agreements with all the states, according to law professor Datuk Dr Shad Saleem Faruqi.

He also explained that according to the Malaysia Federal Agreement, land belongs to the states, which complicates the provision in the agreement surrendering control of petroleum found onshore under the Petroleum Development Act 1974.

“I think there are some aspects of the Petronas Act that is unconstitutional,”

Under the agreements signed in the mid-1970s all state governments were promised cash payment or royalty of five per cent for petroleum extracted onshore or offshore in return for surrendering their control of petroleum resources to the national oil company.

Shad also pointed out that the Act was passed before all the states had signed the agreement.

“The constitution says when you take somebody’s property you have to pay adequate compensation,” said Shad.

Federal powers:

In Schedule 9, List I of the Federal Constitution, the following topics are assigned to the Federal Government:

> Except as to State rights over permits and licenses, the Federal Government has rights over development of mineral resources, mines, mining, minerals and mineral ores, oils and oilfields, petroleum products, safety in mines and oilfields: Para 8(j).

> Gas and gas works, production and distribution of power and energy: Para 11(c).

> Foreign and extra-territorial jurisdiction: Para 1 (g).

> Treaties, agreements and conventions with other countries and all matters which bring the Federation into relations with any other country: Para 1(a) and 1(b).

Peninsular Malaysian States:

When it comes to Peninsular Malaysian States, the following matters fall in State hands:

> Land: Schedule 9 List II, Para 2(a). Under the Interpretation Acts, 1948 and 1967, Section 3, land includes “the surface of the earth … all substances therein… all vegetation and other natural products… whether on or below the surface… and land covered by water”. The territorial waters of Kelantan will come within the definition of “land covered by water”. Territorial waters are defined by Section 4(2) of the Emergency (Essential Powers) Ordinance No 7, 1969. Subject to some exceptions, they refer to three nautical miles.

> Revenue from lands: Schedule 10, Part III Para 2.

> In addition to the income from land, one notes that in Article 110[3A] there is provision for discretionary payment on such terms and conditions as maybe prescribed by or under federal law of the export duty on “mineral oils” produced in the state. Petroleum comes within the meaning of “mineral oils” under Section 10 of the Petroleum Development Act.

Sabah & Sarawak:

In addition to the rights of other states, Sabah and Sarawak enjoy some special sources of revenue.

> Schedule 10, Part V, Para 1 assigns import duty and excise duty on petroleum products to Sabah and Sarawak.

> Schedule 10, Part V, Para 3 assigns royalty and export duty on “mineral oils” totaling 10% to Sabah and Sarawak. “Petroleum”, as defined in the Petroleum Development Act, falls within the meaning of “mineral oils” and, therefore, 10% combined royalty and export duty on it constitutes part of the guaranteed revenue for Sabah and Sarawak.

From the above, it follows that the constitutional right of Peninsular Malaysian states is confined to fees for permits and licences and for extraction of any petroleum that is derived from their land and territorial waters.

Anything beyond territorial waters, e.g. on the Continental Shelf, is entirely in federal hands. All gas is in federal hands.

Legally, the oil and gas belongs to the states. The only way the federal government can ‘steal’ this oil and gas would be to come out with a new law that allows them to do so. If not it would be illegal for the federal government to touch the oil and gas. It belonged 100% to the states.

And this new law or Act called the Petroleum Development Act 1974 allowed the federal government to unilaterally (note the word ‘unilaterally’ and not ‘bilaterally’) amend the terms of the Federal Agreement. Normally, it requires all the parties to the Agreement to agree to any amendments to that Agreement before it can be amended. In this case, only one party made the changes (unilaterally) and the other parties were forced to remain silent.

The Federal and State Government of Sabah have a whole load of explaining to do.Were there two sets of agreement - one dated on the 7th.June 1976 and the other 14th.June 1976? Was the oil royalty 5% or was it more?

Why didn't any of the Chief Ministers after Donald Stephens demand for more oil royalty for Sabah? Sabahans have been hoodwinked long enough and the time has come for Sabahans to demand what rightfully belongs to them.The State Government of Sabah has been silent and it's quite obvious,they will remain silent-hence a puppet government.If history could be reversed would Sabahans today enjoy a much higher oil royalty had the illustrious sons and freedom fighters of Sabah did not perished?

Interestingly,Tengku Razaleigh Hamzah has been invited and has agreed to deliver a talk and answer questions in relation to the petroluem issue on the 2nd.April.2010 @8pm at the KDCA Buiding in Penampang,Sabah.I would encourage all Sabahans to attend this event and probably listen to all the unanswered questions.

Monday, 22 March 2010

The Monarch Has No Power to Sack Any Member of The Cabinet Exco | LoyarBurok

The Monarch Has No Power to Sack Any Member of The Cabinet Exco

"The King/Sultan, therefore, has the discretionary power to appoint any person to be Prime Minister/Menteri Besar as he pleases subject only to his own perception of the person most likely to command the confidence of the majority of the members of the House of Representatives/Legislative Assembly.

But, it is necessary to point out that in the Perak case of Nizar v Zambry, the Sultan has no power to appoint Zambry as the Menteri Besar because Nizar was still the holder of the office. It is only when the office is vacant would the Sultan be able to appoint another person to the office of Menteri Besar.

The unconstitutional appointment of Zambry to the post makes him an imposter. This is a blatantly unconstitutional exercise of a non-existent executive power by a pretentious constitutional monarch. Are we back to the days of the pretensions of King Charles I?

A constitutional monarch has no executive power except that which the law allows him. And the Constitution of Perak would only permit the Sultan to act in the performance of a few discretionary functions stated in Article 18(2). In relation to the office of Menteri Besar Clause (2)(a) applies. It says:

(2) His Royal Highness may act in his discretion in the performance of the following function … that is to say:

(a) the appointment of a Mentri Besar,

Clause (2) (a) is clear enough. The Sultan only has the discretionary function to appoint a Menteri Besar. So that as long as Mohammad Nizar Jamaludin is still in office as Menteri Besar, the Sultan has no other discretionary function to appoint another person. Therefore, the Sultan’s appointment of Zambry Abdul Kadir is an unconstitutional exercise of a non-existent discretionary function to appoint a second Menteri Besar.

LOOK WHO'S TALKING!!!

"If those who lose cannot accept the decision of the majority of the members, then it is better not to talk about democracy. You really do not know what democracy is about. *
~DEMOCRACY - Che Det


ps.
LOOK WHO'S TALKING!!!
What a simpleton - he believes that democracy is only about winning and losing!!! The question of how one wins doesn't enter his definition of "democracy" (or the fairness he speaks of in the footnote).
Here is a man who subverted all institutions of democracy, preaching to other's about "knowing" what democracy!!

Shattered Hopes and Broken Dreams

Shattered Hopes and Broken Dreams

A Memorandum on the Fate of Sabah in the Malaysian Federation

Presented by DANIEL JOHN JAMBUN, Esq. At the House of Commons, London, the United Kingdom

March 9, 2010

Good afternoon all Honourable Members of the House, ladies and gentlemen.

First of all, I would like to record our most sincere gratitude having been given this honour of presenting this memorandum before this esteemed House. Today, marks a moment of honour for the people of Sabah, the former North Borneo, for having been accorded this rare opportunity to present a Memorandum a matter of grave significance, a matter which affect our fate as the people of the Federation of Malaysia. We see this as a historical event, a moment granted by God’s grace, in which we can communicate under this honourable roof, to reminisce a milestone of history half a century ago which was followed by sad events that in too many instances happened with numerous misgivings.

For decades now, we the people of Sabah, have been haunted by ghosts of history dating back to August 31, 1963, the day we gained independence from Great Britain. Malaysia was conceptualised and constituted with the best of promises, endearing in us hopes and dreams for a greater future. It is with sadness that I stand here to witness that what had transpired since September 16, 1963 had been a series of events that had led us to the present situation in which we can justly proclaim to be a situation of shattered hopes and broken dreams!

We therefore stand before this House, in good faith, to seek redress and to appeal for an inclusive dialogue, which we hope will lead to a clearer and brighter tomorrow to all parties concerned. I seek the indulgence of this House to hear our side of the story and adjudge the events of the past with a clear conscience and a sympathetic eye, and to lend us a hand in seeking a just and righteous solution to our problem.

I would like to present three pertinent issues, which may or may not have direct concern of the present British government. Firstly, we need to take a critical review of the rationales and instruments for the formation of Malaysia. There is the nagging question of justice in the drafting of the critical Malaysia Agreement, the efficiency and integrity off the Cobbold Commission, the reliability of the promises of the Twenty Points, the Inter governmental Committee Report and the Malaysian Act, historical documents which must be familiar to the knowledge of the Honourable Lawmakers in this House. Secondly, is the perennial issue of security which now affect the sovereignty of Sabah within Malaysia. And thirdly is the case of the spiraling deterioration in the economic wellbeing of the people of Sabah.

For more, click link above or HERE

MPs, speaker caught exchanging ‘racist’ remarks

MPs, speaker caught exchanging ‘racist’ remarks

By G. Manimaran and Adib Zalkapli

KUALA LUMPUR, March 22 — Along with some serious commotion in Parliament last Wednesday, some lawmakers and a deputy speaker were caught in an exchange of racist remarks.

According to the Hansard, made available on the Parliament website, Pasir Salak MP Datuk Tajuddin Abdul Rahman had allegedly said that Malays were jungle dwellers before the implementation of New Economic Policy (NEP).

In another exchange, Deputy Speaker Datuk Wan Junaidi Tuanku Abdul Rahman was also recorded as asking Padang Serai MP N. Gobalakrishnan to return to the plantations — a remark seen as a racial slur in the country.

The exchanges took place when the Opposition Leader Datuk Seri Anwar Ibrahim was debating the royal address.

Tajuddin stopped Anwar’s speech to question the latter’s stand on the pro-Malay economic policy and to explain that it has successfully changed the living conditions of Malays.

“This is the reality of today. Malays no longer live in the jungle, no longer live on the trees,” said Tajuddin.

At this point Taiping MP Nga Kor Ming took the opportunity to criticise Umno for exaggerating the plight of the Malays.

“Who is saying the Malays used to live in the jungle? Umno,” said Nga before he was asked to sit down by Wan Junaidi.

Padang Serai MP N. Gobalakrishnan then tried to intervene but his microphone was not switched on.

“Honourable Member from Padang Serai, if you want to go back to the estate, go now,” said Wan Junaidi.

Gobalakrishnan had dismissed Tajudin’s argument about the Malay community’s economic conditions before the NEP.

“No Malays lived in the jungle,” said Gobalakrishnan.

When contacted, Wan Junaidi confirmed that he made the remarks but said he did not mean to offend any party.

“It is the same as asking the Malays to ‘balik kampung’,” he told The Malaysian Insider.

Wan Junaidi added that his statement should not be taken out of context and must be read together with the verbal exchange.

Meanwhile Gobalakrishnan told The Malaysian Insider last night that it was really disheartening if the deputy speaker had indeed made the remarks in the House.

He admitted he did not hear what Wan Junaidi had told him but said he would check the Hansard on Monday before deciding on the next course of action.

“I have to first check the Hansard this Monday and will request for the remark to be expunged if it is true that the deputy speaker had said it,” said the first-term lawmaker.

Soi Lek goes for MCA presidency

Soi Lek goes for MCA presidency