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Vijandran Pornographic Videotape Scandal II

Vijandran Pornographic Videotape Scandal II

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Buku tulisan Lim Kit Siang: Vijandran Pornographic Videotape Scandal II
Buku tulisan Lim Kit Siang: Vijandran Pornographic Videotape Scandal II

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\\andtan PORNOGRAPHlC VlDEOtAPE SCANDAL II

by Lim Kit Siang

DEMOCRATIC ACTION PARTY 24, J alan 20/9,

46300 Petaling Jaya,

Tel: 03-7578022

Copyright © Democratic Action Party

First published 1992

Printed by: PERNIAGAAN Y AKIN No.4, Jalan Pudu Ulu Cheras, 56100 Kuala Lumpur.

Price: $15.00

Introduction

THE PROSTITUTION OF THE MALAYSIAN PRESS

The prostitution of the Malaysian press, which has distinguished itselffor fearing to publish the truth but with no qualms about printing lies, has got worse recently.

In the past one month alone, there were at least three instances. where the Barisan Nasional-controIIed mass media flouted basic journalistic principles and tenets to serve the objectives of their political masters to characterassassinate the DAP and its leaders.

In the first instance, the Barisan Nasional-controlled media, both electronic and printed, gave big publicity to the accusation by the Prime Minister, Datuk Seri Dr. Mahathir Mohamad, that the DAP 'dislikes the Malays and Islam' and that I am 'anti-Islam' when these allegations are not only completely baseless, but most irresponsible in a multi-racial and multi-religious society.

Dr. Mahath i r supported his accusati on that I am 'antiIslam' with the following allegations:

1. "If a Chinese accepted Islam he would spare no effort to look for the person and incite the person to leave Islam";

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2. that "until today, Dr. Mahathir had not heard Lim's opinion on the suffering of Muslims in BosniaHerzegovina", and the remark by Dr. Mahathir: "Is it all right for Bosnian Muslims to be oppressed? I f it involves the non-Muslims, it will become an issue and we are very sad about this." (New Straits Times 17/8/1992).

It is very sad that the Prime Minister of a multi-racial and multi-religious nation should make such baseless statements on such delicate and sensitive issues.

The first allegation is a lie, and I challenge Dr.

Mahathir to produce a single instance where "I would spare no effort to incite a Chinese who had accepted Islam to leave Islam".

DAP is not against Islam or against any religion in Malaysia; nor is the DAP opposed to the Chinese or anyone embracing Islam.

As I said in my letter to Dr. Mahathir yesterday:

"There is a very real problem arising from the diverse and conflicting sensitivities in our country, as for instance, where non-Muslim students in schools are converted to Islam without parental consent or knowledge, led to abandon their parents and family, breaking up the family unit and the family integrity.

"You had yourself emphasised the fundamental importance of the family unit as the basis for the national endeavours to achieve Vision 2020, and this problem must be handled rationally, and not irrationally by inciting

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racial and religious sentiments."

The second allegation is also a lie. In my letter yesterday, I told Dr. Mahathir that he was very wrong when he said that I had not said anything about the suffering of the Muslims in Bosnia-Herzegovina.

I expressed particular regret at his further insinuation that I am anti-Muslims when he alleged that I was not concerned about Bosnians because they are Muslims and that that if they were non-Muslims I would have made an Issue.

I sent to Dr. Mahathir yesterday a resolution adopted unanimously by the 1992 DAP National Conference held in Malacca on July 12, 1992 on the crisis in BosniaHerzegovina, which stated:

"That this DAP Conference notes:

(i) Nearly two-thirds of the newly independent State of Bosnia-Herzegovina has been occupied by the Serbian aggressors and its capital, Sarajevo, is surrounded by Serbian forces;

(ii) The three-month war waged by Serbian aggressors has killed more than 50,000 people, destroyed property mainly belonging to Bosnian Muslims (who make up 51 per cent) and Croats (17 per cent) in the population of 4.4 million, and made hundreds of thousands refugees in neighbouring countries;

(iii) The failure of the United Nations to act decisively to protect the people of Bosnia when the

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Serbian aggressors launched their assault three months ago;

CONDEMNS the naked display of aggression by the Serbs;

UPHOLDS the right to self-determination of the peoples of Bosnia-Herzegovina; and

CALLS on the Government to demand immediate international action to protect the beleaguered peoples of Bosnia and to impose sanctions against the Serbian government."

I sent to Mahathir my four press statements in the past one week denouncing the Serbian genocide and 'ethnic cleansing' of Bosnian Muslims

I also sent to Dr. Mahathir my four press statements made in the past one week to prove that I had not been silent on the suffering of the Muslims in BosniaHerzegovina.

On August 11,1992, I expressed the DAP's support for United Nations military intervention, both ground and air, to stop Serbian aggression and genocide of BosniaHerzegovina.

On the morning of August 12, 1992, I expressed the DAP's support for the closure of the Malaysian chancellery in Belgrade and called for the break of diplomatic relations with Yugoslavia because of the Serbian atrocities - hours before the Cabinet took the decision to sever

vi

diplomatic ties with Yugoslavia.

In this statement, I also called on the Malaysian Government to demand an emergency Security Council meeting to discuss the Bosnia-Herzegovina issue, in particular over the Serb-run concentration camps and prisons.

In another statement on the same day, I said that one of the biggest issues at the Non-Aligned Movement conference in Jakarta next month would be the Serbian atrocities in Bosnia-Herzegovina, and that the NAM Conference should take a stand on the gross violation of human rights in the Serbian atrocities in BosniaHerzegovina.

Two days ago, on August 15, 1992, I called for an emergency meeting of the ASEAN Foreign Ministers to adopt an united ASEAN international initiative, both in the United Nations and the NAM Conference in Jakarta next month, against the 'ethnic cleansing' and Serbian atrocities against the Muslims in Bosnia.

To emphasise Malaysia's outrage, I called for the convening of an emergency meeting of the Malaysian Parliament to denounce the Serbian atrocities and genocide against the Muslims in Bosnia and to apply international pressure on the world community to take action against the Serbs.

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I am initiating legal actions against Mahathir and Barisan Nasional-controlled media as he had made baseless and vicious allegations that I am anti-Islam, which has injured my reputation and placed

my life and safety in jeopardy.

With the resolution adopted by the DAP National Conference in Malacca more than a month ago denouncing the Serbian atrocities against the Muslims In Bosnia and my four press statements on the issue in the past one week alone, how could Dr: Mahathir make the serious allegation that I had not said anything about the suffering of the Muslims in Bosnia-Herzegovina, and using this to make the further accusation that I am anti-Islam?

Whose fault is it that the official mass media controlled by the Barisan Nasional blacked out all the DAP press statements on the suffering of the Muslims in Bosnia.

In my letter to Dr. Mahathir yesterday, I asked him to retract his allegation that I am 'anti-Islam' and to ensure that my clarification should be given prominent coverage by the Barisan Nasional-controlled media which had played up his unfounded allegations against me.

But Dr. Mahathir had not retracted the baseless and unfounded allegations he had made against me. Both radio and television and several newspapers, which had given great prominence to Dr. Mahathir's baseless and malicious allegations that I am anti-Islam, either blacked out my clarification or dismissed it in a few short paragraphs.

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What is worse, Berita Harian today pursued Dr.

Mahathir's line that I am anti-Islam, by carrying a most scurrilous editorial inciting religious animosities against the DAP and me, even going to the extent of comparing the DAP to the Serbian atrocities against the Muslims in Bosnia-Herzegovina with regard to 'ethnic cleansing' - which I had in fact condemned.

I have decided to initiate legal proceedings against Dr. Mahathir and the Barisan Nasional mass media for defamation, for his baseless and malicious allegations that I am anti-Islam had not only caused injury to my reputation but also put my life and safety in jeopardy.

Kadir Jasin deserves the price for the prostitution of the Malaysian journalist of the Year

The second example of the prostitution of the Malaysian press is the New Sunday Times article by its editorial chief, A. Kadir Jasin on July 19, 1992. For this piece, Kadir Jasin deserves the price for the prostitution of the Malaysian journalist of the Year.

This article, under the heading 'Political dinosaur throws tantrums', is highly racist and loaded with lies and falsehoods.

Only a racist, for instance, would have posed the following question with regard to my not paying the $5.80 toll at the Ayer Keroh Toll Plaza on July 11 as I wanted an explanation from PLUS officials why ajourney which should take slightly over one hour took three hours, and wrote the following:

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"One wonders if Lim would have done what he did on July 11 if the operator of the North-South Highway is a Chinese or a company belonging to the Chinese.

"One has not heard of Lim ever refusing to pay the Jalan Kuching toll, which is operated by a Chinese-based company. Or perhaps-he never travels the road."

Kadir Jasin is entitled to regard me as 'a political dinosaur' just as I am entitled to regard him as 'Malaysian Journalist of the Year who had prostituted his talents', but he should not build a case on lies and falsehoods.

For instance, Kadir wrote: "But this is the same man who has been going from one pasar (market) to another collecting signatures to support his attempt to return to Parliament." I do not go from pasar to pasar to collect signatures.

Kadir also wrote: "So it is not surprising that while claiming that he was booted out of the House because he questioned the involvement of Datuk Seri S. Samy Vellu in the Syarikat Telekom Malaysia share issue, therefore championing the cause of the Indian community, Lim is said to be concentrating his signature campaign among the Chinese.

"Lim's modus operandi is not unfamiliar. He concentrates his efforts at markets in predominantly Chinese areas or at places where Chinese gather.

"He is said to start by talking about the allocation of Telekom shares to Maika Holdings to attract attention and proceeding to make claims that he was banned from the

x

House because he raised the issue.

"Lim seems to be quite successful in his efforts.

Either because they believed him or were just being nice, some 30,000 are understood to have signed the petition.

"If he is indeed fighting for the Indian community and on the war-path against corruption, one wonders why Lim has not carried out his signature campaign among the Indians and Malays.

"Is Lim suggesting that the Chinese abhor corruption more than the Malays and Indians?

"Or is it because Lim knows he cannot camouflage his political motives ifhe campaigns as vigorously among the other communities?"

The figment and rantings of the fevered imaginations of A. Kadir Jasin

This is totally the figment and rantings of the fevered imaginations of Kadir Jasin, who is passing fiction for fact.

I have never been involved in the signature campaign which the DAP had launched in connection with my suspension from Parliament until the end of the year. But Kadir Jasin can fictionalise my participation, not only adding considerable colour but posing many 'deadly' questions which are only relevant if the events he described were fact and not fiction!

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For the record, theDAP signature campaign wasnot confined to the Chinese areas, but was taken to Indians and Malays as well - for the target group was Malaysians irrespective of race, as testified by the signatures collected so far.

Kadir wrote: "He was expelled not for attacking Samy Vellu, as he now claims, but rather for unparliamentary conduct- calling his adversary a criminal and a coward."

I t is very sad that a person who had risen to the highest pinnacle of New Straits Times is so ignorant of basic parliamentary practice. I advise he check the Hansards to learn ofhis ignorance when he said that I was expelled because I called Samy Vellu a criminal and a coward. If Kadir still does not know where he has gone wrong, I will give him a free lesson of elementary parliamentary practice which he should have received before becoming the editorial chief of New Straits.Times,

The gross distortion of the issue over the timber lorry drivers' 'fear to drive' action

The third instance of the prostitution of the Malaysian press is the unashamed bias, slant and dishonesty of Star in the reporting of the controversy over the new regulations changing the calculation of weighing timber from volume to the use of weighing bridges and the 'fear to drive' action of the timber lorry drivers throughout the country.

Liong Sik was daily reported in the Star of accusing

xii

me of supporting the fight for 'overloading' by the timber lorry drivers and of callous disregard for the road safety of other motorists. The Star however refused to print a single word of my statements or clarifications, stressing that I never championed the right of the timber lorry drivers to overload and endanger road safety and the lives of other motorists.

In fact, the timber lorry drivers themselves never claimed the right to overload and to endanger road safety and the lives of other motorists.

The one and only issue in the controversy is the breaking of the ricebowls of the 5,000 timber lorry drivers, for although Liong Sik had promised the timber lorry drivers in April 1991 to produce a guideline on the new regulations within two weeks, he had not been able to do so after more than a year!

Without the guideline for the new regulations, the lorry timber lorries had been served with multiple summonses for each journey and each summon could involve fines of$1 ,000 and above and thus breaking their ricebowls.

A responsible Transport Minister would have ensured that the introduction of new regulations would not lead to the breaking of the ricebowls of the 5,000 timber lorry drivers of all races, who are responsible for the livelihood of 40,000 to 50,000 people and work out a formula which would not destroy the ricebowls of the timber lorry drivers, stop overloading and promote road safety.

But we have a Transport Minister who refused to

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even meet the representatives of the timber lorry drivers and listen to their problems.

On August 10th, when I took some 150 representatives of the timber lorry drivers from six states to the Transport Ministry to meet with Liong Sik or any other Ministry official, Liong Sik summoned five truckloads of Federal Reserve Unit to disperse them. This must be the first Minister in Malaysia or any democratic country in the world who summon the riot police when the people, including several who are his constituents from the Labis parliamentary constituency, wanted to see him with their problems.

The Star also gave big play to the MCA allegations that the DAP had politicised the issue of the timber lorry drivers' 'fear to drive' action, but refused to publish a single word of our denial and clarifications.

It was precisely because of the MCA allegations that I had 'politicised' the issue that I announced on August 11 thattheDAP would pull out of the matter to giveMCA full powers and freedom to resolve the issue.

Before I announced the DAP's 'pull-out', about 500 timber lorry drivers took part in the 'fear to drive' action, but by today one week later, this has increased to some 2,000 timber lorries throughout the country. This is proof that the issue has nothing to do with the DAP 'politicising' it, but concerns the ricebowls of the 5,000 timber lorry drivers and their 50,000 dependants.

Why must Malaysians continue to be denied the facts and information as to what is happening in the country

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with the Barisan Nasional-controlled mass media concocting and doctoring news and events to deceive Malaysians?

Lim Kit Siang Petaling Jaya 18 August 1992

xv

CONIENIS

VIJANDRAN PORNOGRAPHIC
VIDEOTAPES SCANDAL II 1
NORTIl-SOU11l HIGHWAY
SCANDAL II 47
MAIKA SCANDAL 101
MCA 161
ILLEGAL IMMIGRANTS 193
GENERAL 217 , "

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VIJANDRAN PORNOGRAPHIC VIDEOTAPES SCANDAL II

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Press Statement

by Parliamentary Opposition Leader, DAP Secretary-General and MP for Tanjung, Lim Kit Siang, ill Petaling Jaya on Tuesday, July 21, 1992:

As Karpal Singh has produced the Vijandran pornographic videotape, Samy Vellu should resign as Cabinet Minister and MIC President as he had fully backed D.P. Vijandran over the issue

As DAP National Deputy Chairman and MP for Jelutong, Karpal Singh, has produced a Vijandran pornographic videotape in Parliament yesterday, Samy Vellu should resign as MIC President and Cabinet Minister as he had fully backed D.P. Vijandran over the issue.

On 5th January 1990, Samy Vellu expressed full confidence that Vijandran, then Deputy Speaker of Dewan Rakyat and MIC Secretary-General, would come out of the pornographic tapes controversy "with flying colours".

Samy Vellu, who was speaking to reporters at the Subang airport on his return from London, said:

"MIC leaders and members must realise that today Mr.

Vijandran is being implicated and tomorrow it could be another leader.

"We are not going to run the party to the tune of KarpaJ Singh. "

With the production of the Vijandran pornographic videotape, KarpaJ Singh has fully vindicated his expose in Parlia-

3

ment of a sex scandal which had involved a top government leader at the time, and proved again how the two-thirds Barisan Nasional majority in Parliament had been abused to suppress political and financial scandals of top Barisan N asionalleaders and to evade public accountability.

The last Parliament saw Karpal Singh suspended from Parliament for trying to expose the Vijandran pornographic videotapes scandal, and in this Parliament, I am suspended until the end of the year for trying to make further disclosures about the $130 million MAIKA Telekom shares hijacking scandal involving Samy Vellu himself.

Call on Anwar Ibrahim to tender a public apology to Karpal Singh for moving the motion suspending Karpal from Parliament over the Vijandran pornographic videotape scandal

With the production of the Vijandran pornographic videotape in Parliament by Karpal Singh, the whole issue has to be re-opened once again.

The Minister of Finance, Datuk Seri Anwar Ibrahim, who moved the motion to suspend Karpal Singh from Parliament over the Vijandran pornographic videotape scandal should tender a public apology now that it is proven beyond a shadow of doubt that Karpal Singh was not engaging in irresponsible and baseless character-assassination when he raised this issue in Parliament in December 1989.

Call on Zaman Khan to re-open police file and investigations into the Vijandran pornographic videotape scandal

The CID Director Datuk Mohamed Zaman Khan should re-open the case of the Vijandran pornographic videotape scandal now that Karpal Singh had produced such a Vijandran pornographic videotape.

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In January 1990, Zaman Khan shocked the whole country when he revealed that the police had closed the file on the Vijandran pornogrpahic videotape scandal, and that the police had destroyed 11 videotapes and four envelopes of 2,000 photographs and negatives on the directive of the AttorneyGeneral, Tan Sri Abu Talib.

In his press conference on January 10, 1990, Zaman Khan said that with the destruction of the tapes, the pol ice could not proceed further unless someone produced the tapes.

Now that Karpal Singh has produced the tape, Zaman Khan should re-open the file on the Vijandran pornographic videotape scandal.

I hope Zaman Khan would show the same zealousness and urgency as he has shown in directing police investigations into my refusal to pay $5.80 toll at the Ayer Keroh Toll Plaza as a citizen protest on July 11.

In fact, I would suggest that Zaman Khan should re-direct his officers assigned to the" 5.80 toll" case to the re-opening of the Vijandran pornographic videotape scandal as the latter is clearly of more pressing and greater public importance.

Cabinet tomorrow should schedule a special discussion on the re-opening of the Vijandran pornographic videotape scandal

The production of the Vijandran pornographic videotape by Karpal Singh in Parliament has great implications and the DAP leadership is studying them before deciding on the course of action to be taken.

The Cabinet tomorrow should schedule a special discussion on the re-opening of the Vijandran pornographic videotape scandal with the production by Karpal of the videotape in

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Parliament yesterday. This is definitely more important than the Cabinet discussing my refusal to pay $5.80 toll during its meeting in Kuala Trengganu.

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Press Statement

by Parliamentary Opposition Leader, DAP Secretary-General and MP for Tanjung, Lim Kit Siang, in Petaling Jaya on Wednesday, 22nd July 1992:

The main persons at issue in the Vijandran Pornographic Videotape Scandal II is no more D.P. Yijandran but Samy Vellu and other leaders who had' helped in its cover-up since 1989

The production of a Vijandran pornographic videotape by DAP Deputy Chairman and MP for Jelutong, Sdr. Karpal Singh, in Parliament on Monday can be described as the beginning of Vijandran Pornographic Videotape Scandal II.

The MIC Taman Nong Chik branch chairman Suresh Naidu yesterday publicly admitted that he had watched a pornographic videotape featuring D. P. Vijandran.

Naidu said he watched the tape with a few friends on Monday night, asserting that there was "no doubt" that it was Vijandran who was performing lewd acts with a woman.

Naidu said that in the tape, Vijandran was always looking at a hidden camera whenever he performed sexual acts.

D.P. Vijandran, however, has become comparatively irrelevant in the Vijandran Pornographic Videotape Scandal II, as the main issues and personalities in this second episode of the scandal is the role played by leaders, particularly the MIC President, Datuk Samy VelIu, in the cover-up of the scandal since 1989.

Samy Vellu knew what was on exactly on the videotapes

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in question, yet he misled both the MIC leadership and membership, Parliament and country by helping in the coverup of the Vijandran pornographic videotape scandal.

It was Samy Vellu who stated publicly himself on 18th January 1990 that he knew what was on the incriminating videotapes.

This was the date that Vijandran announced that he was going on 'leave of absence' as Deputy Speaker of Dewan Rakyat because of the 'irresponsible action' of DAP MPs in creating a 'ruckus in Parliament', and not because he was guilty of the pornographic videotape scandal.

Samy Vellu gave full support to this statement by Vijandran on the same day. When told by the press that he was "cool" towards the allegations against Vijandran, Samy Vellu said "the reason is I know the truth."

In keeping with his earlier pronouncement on 5th January 1990 that he had full confidence that Vijandran would come out of the pornographic tapes controversy "with flying colours", Samy Vellu defended Vijandran's innocence for the rest of the year up to the October 1990 general elections.

Samy Vellu' s role in the cover-up of the Vijandran pornographic videotape scandal since December 1989 shows that he is a political leader who has no respect for truth, political morals and integrity.

Samy Vellu surely owes a full explanation to the MIC leadership and membership, the Indian community, Parliament and the whole country for his role in the cover-up of the Vijandran pornographic videotape scandal.

Zaman Khan should explain why he misled the Deputy Home Minister, Parliament and the people in the cover-up of the Vijandran pornographic videotape scandal

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Another personality who was involved in the cover-up of the Vijandran pornographic videotape scandal was the CID Director, Datuk Zaman Khan.

When Karpal first raised the Vijandran pornographic videotape scandal in Parliament on December 6, 1989, the Deputy Home Minister, Datuk Megat Junid Megat Ayub, who was then in the House, said he would have to look into the allegations.

On December 11, 1989, Megat told the press that the case involving the Vijandran pornographic videotapes had been referred to the Attorney-General for further action.

On December 14, 1989, Zaman Khan said in Johore Bahru that a report on investigations into the Vijandran pornographic tapes was "almost complete" and would be submitted, to the Home Ministry soon.

However, on January 10, 1990, Zaman Khan shocked the country by announcing that the Police had destroyed the eleven pornographic videotapes and four envelopes of 2,000 photographs and negatives as far back as January 1989 on the directive of the Attorney-General, Tan Sri Abu Talib.

It is clear that Zaman Khan had misled the Deputy Home Minister into announcing on December 11, 1989 that the case was still pending in the hands of the Attorney-General, and that he had misled the country three days later when he said that the report into the investigations of the pornographic videotape scandal was' almost complete' ,

The questions Malaysians are entitled to ask are:

Firstly, were the eleven Vijandran pornographic videotapes and four envelopes of 2,000 photographs and negatives actually destroyed in January 1989, or they are still in the possession of the Police?

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Secondly, if the Vijandran pornographic videotapes, photographs and negatives had been destroyed by the Police, were they destroyed after Karpal raised the issue in Parliament or before?

Thirdly, if the Vijandran pornographic videotapes, photographs and negatives were destroyed by the Police in January 1989, why did it take the Police more than one month after the scandal had been exposed by Karpal before making such an announcement?

Zaman Khan had clearly participated in a cover-up of the Vijandran pornographic videotape scandal since December 1989, and he should explain why he misled the Deputy Home Minister, Parliament and the whole country on this scandal.

Now that Karpal had produced a Vijandran pornographic videotape in Parliament, and the MIC Taman Nong Cik branch chairman, Suresh Naidu had also admitted that he had seen such a Vijandran pornographic videotape with his friends, is Zaman Khan going to re- open the case or is he going to continue to help in its cover-up?

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Press Statement

by Parliamentary Opposition Leader, DAP Secretary-Genera/ and MP jor Tanjung, Lim Kit Siang, in Petaling Jaya on Wednesday, July 22, 1992:

Most shocking that Tan Sri Zahir is talking about Karpal Singh "makan diri' because of production of Vijandran pornographic videotape in Parliament when as Speaker, he should be defending parliamentary privileges and immunities from encroachments even from Attorney-General

The southern edition of Utusan Malaysia today carried a front-page report under the headline "Video Lucah Boleh , Makan Diri' Karpal" with the following opening paragraphs:

"Kuala Lumpur 21 Julai - Tindakan Karpal Singh membangkitkan semula isu pita video lucah yang kononnya dilakonkan oleh D.P. Vijandran di sidang Dewan Rakyat sekarang mungkin akan memakan dirinya sendiri kerana beJiau boleh didakwa "rnenyimpan' dan' membawa' pita video lucah.

"Hanya Peguam Negara boleh menentukan sarna ada dakwaan boleh dibuat keatas tindakan ahli Parlimen DAP dari Jelutong itu kerana membawa pita video lucah dan menyerahkannya kepada Dewan semalarn.

"Yang Dipertua Dewan Rakyat Tan Sri Zahir Ismail ketika membangkitkan persoalan ini kepada para wartawan di bangunan Parlimen berkata, mengikut undang-undang negara, menyimpan dan membawa pita video lucah adalah satu kesalahan.

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" , Bagaimanapun dalam kes Karpal hanya Peguam Negara yang boleh menentukannya dan terserahlah kepada beliau untuk membuat dakwaan at au tidak, I katanya."

I find it most shocking that Tan Sri Zahir should be talking about the possibility of Karpal "makan diri I for producing the Vijandran pornographic videotape, when in the true tradition of the Speakers of Parliament, he should be defending parliamentary privileges and immunities of MPs from encroachments from the Executive, including the AttorneyGeneral.

It is symptomatic of what is very wrong in our high political society that after Karpal Singh had produced a Vijandran pornographic videotape in Parliament, Barisan Nasional Ministers and leaders are more interested in finding out how Karpal could be prosecuted for performing a great public duty rather than to get into the bottom of the Vijandran pornographic videotape scandal, and even important, its cover-up since December 1989.

In Malaysia, corruption in high political places is no crime - but expose of such corruption is the real crime

This is a variation of top political and government attitude towards corruption and financial scandals - that corruption and financial scandals in high political places in Malaysia is no crime, but expose of such corruption and financial scandals is treated as the real crime?

Karpal produced the Vijandran pornographic videotape in Parliament not to pander to the prurient interests of any MP, but in the larger national interests, particularly:

(1) to vindicate his allegation in December 1989 with regard to the Vijandran pornographic videotapescandal; and

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(2) to focus national attention as to why there was a high-level cover-up of the Vijandran pornographic videotape scandal since December 1989, with its vast implications and ramifications concerning accountability, political integrity and morality.

Parliament is the proper place to produce the Vijandran pornographic videotape in view of the police record of destroying eleven Vijandran pornographic videotapes and 2,000 photographs and negatives

It is very sad to see Barisan Nasional leaders even up to this stage defending the Vijandran pornographic videotape affair.

The UMNO MP for Parit Sulong, Ruhanie Ahmad, said in the Dewan Rakyat yesterday that Karpal should have handled the videotape to the Police. In view of the record of the police in destroying eleven pornographic videotapes and four envelopes of 2,O()() photographs and negatives, how could anyone trust such a videotape with the police anymore?

Karpal was right in producing the Vijandran pornographic videotape in Parliament because this is a matter which concerned the honour, dignity and credibility of Parliament.

Karpal was suspended from attending Parliament precisely for raising the Vijandran pornographic videotape scandal in Decmeber 1989 - and Parliament is the most proper place for its production to prove that Karpal Singh had not abused his parliamentary position by making baseless accusations against the then Deputy Speaker.

Speaker has no right to surrender the Vijandran pornographic videotape to the Police or Attorney-General without authority from the House

Tan Sri Zahir said he was contacting the Attorney-Gen-

13

eral 's Chambers to find out if it was an offence for Parliament to be in possession of a pornographic videotape.

This question should not arise, as Parliament enjoys parliamentary immunity, and the writ of the Executive and the Attorney- General cannot reach into the precincts of Parliament without. the approval and authority of the House.

The decision whether to allow a viewing of the Vijandran pornographic videotape produced by Karpal should properly be decided by the whole House if Tan Sri Zahir does not want to assume the personal responsibility of making a decision - which undoubtedly is the first case in Malaysian parliamentary history.

In any event, it should be stressed that the Speaker has no right to surrender the Vijandran pornographic videotape to the Police or to the Attorney-General without authority from the House.

In fact, the Speaker should not seek any opinion from the Attorney-General without the authority of the House, for this creates a dangerous and ridiculous precedent.

The Attorney-General is subservient and answerable to Parliament, albeit through the Prime Minister, and it is not the other way round. The Attorney-General may be the Government's chief legal adviser, but he is not the chief legal adviser of Parliament!

This distinction is important if the whole principle of parliamentary sovereignty is not to suffer further emasculation.

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Press Statement

by Parliamentary Opposition Leader, DAP Secretary-General and MP for Tanjong, Lim Kit Siang, in Petaling Jaya on Thursday, July 23, 1992:

It is Parliament itself and not for Ghafar Baba or even the Cabinet to decide what to do with the Vijandran pornographic videotape

After the Cabinet meeting yesterday, Deputy Prime Minister, Ghafar Baba said that the Vijandran pornographic videotape produced by DAP Deputy Chairman and MP for Jelutong, Karpal Singh in Parliament last Monday would be surrendered to the police and would not be viewed in Parliament.

He said the police would decide whether to re-open the case of the Vijandran pornographic videotape scandal and to continue investigations.

He said the Vijandran pornographic videotape would not be viewed in Parliament as it had nothing to do with Parliament, as Vijandran is no more Deputy Speaker or Member of Parliament.

It must be made clear from the outset that it is no business of the Cabinet to decide that the Vijandran pornographic videotape produced by Karpal Singh in Parliament last Monday be surrendered to the police.

It is for Parliament itself, and not for Ghafar Baba or the Cabinet, to decide what to do with the Vijandran pornographic videotape - whether to keep it as a Parliamentary exhibit or to surrender it to the police, and if to surrender to the police, the

15

terms and conditions, such as iron-clad guarantees that it would not be destroyed as had happened in the case with eleven Vijandran pornographic videotapes and 2,000 photographs and negatives.

DAP calls on the Speaker, Tan Sri Zahir Ismail, to uphold the traditional powers and duties of a Speaker of Parliament to defend the powers and privileges of MPs from any encroachment of the Executive - and he should not surrender the Vijandran pornographic videotape to the Police without full authorisation from the Dewan Rakyat by way of a specific motion.

Although I had myself called on the Cabinet yesterday to discuss the Vijandran pornographic videotape issue, I am very disappointed with the attitude of the Cabinet to the new development of the Vijandran pornographic videotape scandal - which I will call the Vijandran Pornographic Videotape Scandal II.

Cabinet has trivialised the Vijandran Pornographic Videotape Scandal II on one of the greatest cover-ups of a political scandal in Malaysia

It is very sad that the Cabinet had trivialised the Vijandran Pornographic Videotape Scandal II by focussing on two peripheral and irrelevant issues:

Firstly, what to do with the Vijandran pornographic videotape produced by Karpal in Parliament last Monday.

Secondly, whether and how to prosecute Karpal Singh for producing the Vijandran pornographic videotape in Parliament.

The Cabinet had ignored the broader and very important issues raised bv the Viiandran Pornozraohic Videotape Scandal II - which is no more about Vijandran, but about the

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fundamental issues of accountability, political integrity and morality of government leaders.

The Vijandran Pornographic Videotape Scandal I is about the political integrity and morality of the Deputy Speaker in Dewan Rakyat.

The Vijandran Pornographic Videotape Scandal II is about one of the greatest cover-ups of a political scandal in Malaysia to avoid public accountability and repudiate political integrity and morality.

DAP calIs for establishment ofa Special Parliament Committee to inquire into the great cover-up of the Vijandran Pornographic Videotape Scandal in Parliament

Ghafar Baba cannot be more wrong when he said that the Vijandran pornographic videotape had nothing more to do with Parliament.

The Vijandran pornographic videotape produced by Karpal Singh is in fact very relevant, for it is irrefutable evidence that Parliament had been deceived over the Vijandran pornographic videotape scandal by one of the greatest political cover-ups in Parliamentary history.

For this reason, Parliament must set up an all-party Special Committee to inquire into the great cover-up of the Vijandran Pornographic Videotape Scandal in Parliament since December 1989.

What is at issue in Parliament and the country today is not about what to do with the Vijandran pornographic videotape produced by Karpal Singh, but the great issues of the proper relationship between Parliament and the Executive.

Parliament has the powers to commit the Attorney-

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General to jail if he seeks to prosecute Karpal Singh for producing the Vijandran pornographic videotape in Parliament

As Speaker, Tan Sri Zahir must stand up and defend the rights and privileges of all MPs from any attempt by the Executive to subvert the principle of parliamentary sovereignty.

Tan Sri Zahir had acted wrongly in musing aloud that Karpal Singh could be prosecuted for producing the Vijandran pornographic videotape in Parliament.

No Speaker of Parliament should allow such a thought to enter his mind, for it is his duty to uphold the powers and privilegs of MPs as provided in the Houses of Parliament (Privileges and Powers) Ordinance 1952 exempting them from any civil or criminal proceedings for their conduct in Parliament, including any prosecution by the Attorney-General.

Should the the Attorney-General, under the pretext of exercising his discretion given to him by the Federal Constitution to decide on prosecutions, seek to infringe on the powers and privileges of any MP as set out under the Houses of Parliament (Privileges and Powers) Ordinance 1952, the Speaker must stop the Attorney-General.

Parliament has the power under the the Houses of Parliament (Privileges and Powers) Ordinance 1952 to summarily commit the Attorney-General to jail for sixty days at a time if he seeks to infringe on the powers and privileges of the House, as wanting to prosecute Karpal Singh for producing the Vijandran pornographic videotape in Parliament.

r therefore call on Tan Sri Zahir to reject the Cabinet directive to surrender the Vijandran pornographic videotape to the Police or his reputation as Speaker of Parliament would become another victim of the Vijandran Pornographic Videotape Scandal.

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Press Statement-

by Parliamentary Opposition Leader, DAP Secretary-General and MP jor Tanjong, Lim Kit Siang, in Petaling Jaya on Thursday, July 23, 1992:

] believe the resurfacing of the Vijandran pornographic videotapes is related to the $130 million MAIKA Telekom shares hijacking scandal

The resurfacing of the Vijandran pornographic videotapes in various parts of the country is not accidental but must be pre- planned.

I want to make it very clear however that no one in the DAP had anything to do with the resurfacing of the Vijandran pornographic videotapes.

I believe that the resurfacing of the Vijandran pornographic videotapes is related to the $130 million MAIKA Telekom shares hijacking scandal.

The resurfacing of the Vijandran pornographic videotapes is in the same category of incidents like the burglary into MAIKA office in Kuala Lumpur on 24th May 1992 and the death threat which a MIC national 'leader gave to the Negri Sembilan MIC State Chairman, Datuk M. Muthupalaniappan in Kuala Lumpur on 16th June 1992.

I understand that the police had not been able to get the co-operation of the MIC Headquarters security guard, Rajendran, who claimed that he was assaulted during the burglary into the MAIKA office and should be able to identify the burglars.

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This reminds me of a similar problem faced by the police when they investigated into the burglary of the Vijandran pornographic videotapes, pictures and negatives from the house of D.P. Vijandran.

On 10th January 1990, the Attorney-General, Tan Sri Abu Talib, had recounted the background of the Vijandran pornographic videotapes burglary to justify the destruction of the eleven Vijandran pornographic videotapes and 2,000 pictures and negatives.

This is the background that was given by Tan Sri Abu Talib on the burglary: On August 3, 1988 at 3.45 p.m., the police upon receiving a 999 call that there was a robbery in Vijandran's house, rushed to his house. Vijandran was not at home at that time.

In his police statement later, Vijandran said the safe in his bedroom was missing.

Two months later, in the course of investigations, police arrested four suspects, including a nephew of Vijandran, and detained them for questioning.

Eleven tapes and four envelopes containing photographs and negatives were recovered, believed to be the contents of the safe.

Tan Sri Abu Talib said he had agreed with police recommendations that it was unsafe to proceed against anyone due to lack of evidence and identity of the suspects.

Tan Sri Abu Talib had toId the press conference in January 1990 that Vijandran' s mother could not identify any of the four suspects arrested. although Vijandran had reported that the robbery took place in daylight on August 3, 1988.

Tan Sri Abu Talib said: "It is most unfortunate that the

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material witness could not identify any of the suspects although the robbery was done in daylight. .. I must say that one of the suspects is his nephew ... "

Is Samy Vellu prepared to swear at the Mariamman Temple that he never knew that Vijandran was involved in the pornographic videotape scandal until Karpal produced the videotape in Parliament on Monday?

MIC Secretary-General, Datuk G. Vadlveloo, said yesterday that since "tangible evidence" had been produced in Parliament, Vijandran's position in the MIC has become untenable and that someone would talk to Vijandran over the matter.

Vadiveloo should explain what he means by 'tangible evidence'. Has he had a viewing, as President of the Senate, of the Vijandran pornographic videotape produced by Karpal Singh in Parliament to be convinced of its veracity?

In any event, isn't it true that the top MIC leadership, especiaUy the MIC President, Datuk Seri S. Samy Vellu, had such 'tangible evidence' all along and yet supported and defended the' innocence' of Vijandran?

How Vijandran leaves MIC is now completely irrelevant.

The question the entire MIC leadership must explain to the MIC members, the Indian community and the Malaysian people is how it could give full support to Vijandran when top MIC leaders knew all along about the truth of the allegations made by Karpal Singh in Parliament in December 1989 about the Vijandran pornographic videotape scandal?

Is Datuk Samy Vellu prepared to go to the Mariamman Temple in Kuala Lumpur and swear that he never knew until Karpal produced the videotape in Parliament last Monday that Vijandran was involved in the Vijandran pornographic videotape scandal?

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Speech by Parliamentary Opposition Leader, DAP Secretary- General and MP jor Tanjong, Lim Kit Siang, at the DAP Cheras 11 m.s. Branch 'Back To The People Dinner' at Cheras 11 m.s. on Wednesday, 23rd July 1992 at 9 p.m.

Parliament has powers to sit as a High Court of Parliament to summarily punish anyone, whether Attomey- General or police officer, who seeks to interview, question or charge Karpal Singh for producing the Vijandran pornographic videotape in Parliament last Monday

An important Constitutional principle is at stake when the Cabinet met yesterday over the production of the Vijandran pornographic videotape by DAP Deputy Chairman, Sdr. Karpal Singh in Parliament last Monday, and decided that the Speaker, Tan Sri Zahir Ismail, should surrender the Vijandran pornographic videotape to the Police and that Karpal Singh should be prosecuted in connection with the Vijandran pornographic videotape.

What the Cabinet had done constitutes a challenge to the principle of Parliamentary sovereignty; an open attack on the fundamental doctrine of the Separation of Powers which gives Parliament the absolute right to order its own business without any interference from any other branches of government whether the Executive or Judiciary; and another blow to parliamentary democracy in Malaysia.

Malaysia has again become the laughing stock in the world when Cabinet Ministers are more interested in trying to penalise Karpal Singh for producing the Vijandran pornographic videotape, instead of thanking Karpal for producing

the Vijandran pornographic videotape after the Police had illegally destroyed eleven Vijandran pornographic videotapes

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and 2,000 photographs and negatives.

Karpal Singh had done Parliament and the country a great service in producing the Vijandran pornographic videotape as this has established that Karpal and the DAP MPs were acting in the national interest when they demanded the removal of D.P. Vijandran as Deputy Speaker in December 1989; while it was the Barisan Nasional Ministers and MPs who had disregarded the national interests and our international reputation by defending Vijandran although they knew of the contents of the videotapes.

DAP calls on the Barisan Nasional Ministers to respect the independence, dignity and sovereignty of Parliament, and not to abuse its powers to undermine the standing and role of Parliament.

The Attorney-General, Tan Sri Abu Talib, should give a special briefing to all Cabinet Ministers of the provisions of the Houses of Parliament (Privileges and Powers) Act 1952, where it is clearly stipulated that no MP could be prosecuted or sued in the civil courts for his conduct in Parliament.

In fact, Parliament has powers to sit as a High Court of Parliament to summarily punish anyone, whether AttorneyGeneral or police officer, who seeks to interview, question or charge Karpal Singh for producing the Vijandran pornographic videotape in Parliament last Monday.

Thus Sections 4 and 5 of the Houses of Parliament (privileges and Powers) Act 1952 states:

"4. For the purposes of this Act, the House is hereby declared to possess all such powers and jurisdiction as may be necessary for enquiring into, judging, and pronouncing upon the commission of any such acts, matters or things as are made punishable as contempts under Section 29 of this Act and

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awarding and carrying into execution the punishment therefor provided by this Act.

"5. The House sitting as a court shall have all such rights and privileges of a court of record, as may be necessary for the purpose of summarily enquiring into and punishing the acts, matters and things made punishable as contempts under section 29 of this Act. "

Sections 3 and 7 of the Act makes very clear the parliamentary immunity of MPs as far as their conduct in Parliament is concerned:

"3. There shall be freedom of speech and debate or proceedings in the House and such freedom of speech and debate or proceedings shall not be liable to be impeached or questioned in any court or tribunal out of the House. "

"7. No member shall be liable to any civil or criminal proceedings, arrest, imprisonment, or damages by reason of any matter or thing which he may have brought by petition, bill, resolution, motion;or otherwise, or have said before the House or any committee. "

What Karpal Singh had done last Monday in producing the Vijandran pornographic videotake in Parliament and presenting it to the Chair is fully in keeping with his parliamentary privileges and protected by immunity laid down in the various sections in the Houses of Parliament (Privileges and Powers) Act 1952.

A test case of Rule of Law and democracy in Malaysia

Any attempt on the part of the police to interview, question or charge Karpal for producing the Vijandran pornographic videotape will be a violation of section 9(e) of " ... obstructing ... any member ... on account of his conduct in the House" ,

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for which Parliament can sit as High Court of Parliament to summarily punish the offender for having committed 'contempt' - whether by way of fine or jail custody.

Erskine May's Parliamentary Practice (12th Edition) defined "parliamentary privilege" as follows: "Parliamentary privilege is the sum of the peculiar rights enjoyed by each House collectively as a constituent part of the High Court of Parliament, and by members of each House individually, without which they could not discharge their functions, and which exceed those possessed by other bodies or individuals. Thus privilege, although part of the law of the land, is to a certain extent an exemption from the ordinary law."

If the Barisan Nasional Government has reached a stage where it has no more respect for the parliamentary privileges of MPs, then it has lost its commitment to the system of Parliamentary democracy in Malaysia ..

This may be why the Barisan Nasional Government was prepared in May to suspend the Parliamentary Opposition Leader from attending Parliament until the end of the year for trying to make further disclosures about the $130 million MAIKA Telekom shares hijacking scandal which involved a senior Cabinet Minister.

Nothing will gladden the hearts of the Barisan Ministers and leaders more than to prosecute KarpaI and me

All Malaysians know that nothing will gladden the hearts of the Barisan Nasional Ministers and leaders more than to arrest and charge both Karpal Singh and I in court - Karpal for producing the Vijandran pornographic videotape in Parliament last Monday and me for my citizen's protest in refusing to pay $5.80 toll to PLUS at the Ayer Keroh Toll Plaza on July 11 in protest for its failure to provide a 'safer, more comfortable and faster highway'.

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From the zeal of the Government to prosecute me, one would have thought that my 'citizen protest' had involved swindling the government of $S. 8 million or even $58 million!

However, in their eagerness to prosecute and persecute us, the Barisan Nasionalleaders should not undermine and destroy the principles and system of parliamentary democracy.

The Vijandran pornographic videotape produced by Karpal Singh has become a classic test-case as to whether the Barisan Nasional Government accepts the fundamental principles of democracy, upholds the Rule of Law and respects the independence, dignity and sovereignty of Parliament.

If the Barisan Nasional bull-dozes its way through by compelling the Speaker to surrender the Vijandran pornographic videotape to the Police so that Karpal Singh could be prosecuted, then Malaysians and the world will recognise this as further erosion of democratic freedoms and human rights in Malaysia.

Call on Attorney-General to declare that Karpal was exercising his parliamentary privilege and cannot be interviewed, questioned or charged for producing the Vijandran pornographic videotape in Parliament

Malaysians will have another reason why they cannot hold their heads high when they are overseas and when attending international forums and conferences.

I call on the Attorney-General, Tan Sri Abu Talib, to make a clear-cut statement that in view of the Houses of Parliament (Powers and Privileges) Act 1952, Karpal Singh was exercising his parliamentary privilege and cannot be interviewed, questioned or charged for any offence for producing the Vijandran pornographic videotape in Parliament last Monday.

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Press Statement

by Parliamentary Opposition Leader, DAP Secretary-General and MP for Tanjong, Lim Kit Siang, in Petaling Jaya on Friday, 24th July 1992:

The MIC Central Working Committee should cause an inquiry to be held to ascertain which MIC leader had been responsible for the resurfacing of the Vijan d ran pornographic videotapes

It has been reported that the Johore MIC leadership is considering disciplinary action against the MIC Taman Nong Chik chairman, Suresh Naidu, who had publicly admitted that he had seen the Vijandran pornographic videotape with his friends and had called for the sacking of D.P. Vijandran from the party.

Johore MIC Chairman, Tan Sri G. Pasamanickam, who is also MIC Central Working Committee member and MAIKA Holdings chairman, said the party was considering disciplinary action against N aidu.

The MIC CWC should cause an inquiry to be held to ascertain which MIC leader had been responsible for the resurfacing of the Vijandran pornographic videotapes, rather than threatening disciplinary action against MIC branch leaders for having seen the Vijandran pornographic videotapes.

I am sure Pasamanickam as well as all MIC CWC members have some idea as to which MIC leader had caused the

resurfacing of the Vijandran pornographic videotape, and the motives behind such resurfacing of the Vijandran porno-

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graphic videotapes.

If the resurfacing of the Vijandran pornographic videotapes had caused immense embarrassment to the MIC, then apart from Vijandran, this particular MIC leader must bear full responsibility .

This will be a more useful and productive pursuit than to threaten disciplinary action against MIC branch members.

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Speech by Parliamentary Opposition Leader, DAP Secretary- General and MP for Tanjong, Lim Kit Siang, at the Semangat 46 Senai Division 4th Annual General Meeting held at Bangunan lKKR Felda Bukit Besar, Kulai, lohore on Friday, 24th luly 1992 at 4 p.m.

Malaysia facing a constitutional crisis over the principle of parliamentary sovereignty

Yesterday, the British Broadcasting Corporation (BBC) rang up from London to ask me whether I was optimistic about the revocation of my suspension from attending Parliament until the end of the year following the submission of the first batch of 50,000 signatures petitioning the Prime Minister on the matter.

I said I was not optimistic at all, as apart from the $130 million MAIKA Telekom shares hijacking scandal involving a senior Cabinet Minister, another political scandal had erupted in Parliament when DAP Deputy Chairman and MP for Jelutong, Sdr. Karpal Singh, produced a Vijandran pornographic videotape in Parliament on Monday.

In fact, Malaysia is now facing a constitutional crisis over the principle of parliamentary sovereignty with the decision by Cabinet on Wednesday that the Vijandran pornographic videotape presented to Parliament by Karpal Singh should be surrendered to the police.

This is a most outrageous decision, for the Cabinet has no business to intefere and direct how Parliament should conduct its own business, and tantamouts to an encroachment and usurpation of the powers and privileges of Parliament.

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If the Cabinet can direct Parliament how to conduct its own business, then this must be the only Parliament of its kind in the world - where the Speaker of Parliament openly takes orders frorn the Cabinet and not from Parliarnent!

It is ironic that the Vijandran pornographic videotape could spark off such a constitutional crisis, raising fundamental issues about the proper place and relationship between the Cabinet and Parliament.

Speaker's decision next week on the Vijandran pornographic videotape next week vital to the constitutional development in Malaysia

This is why the decision that would be announced by the Speaker, Tan Sri Zahir Isrnail, next week with regard to the Vijandran pornographic videotape is so important to the constitutional development of Malaysia - whether the principle of parliamentary sovereingty is to be upheld or undermined.

If Tan Sri Zahir decides to surrender the Vijandran pornographic videotape to the police, then the Speaker would have buckled under the pressure and directive of the Cabinet.

The question is whether the Speaker is going to stand up and uphold the rights, powers and privileges of all Members of Parliament or to surrender them to the Cabinet.

Under these circumstances, Dr. Mahathir Mohamed would definitely prefer that I am not in Parliament and this was why I told the BBC that I was rather pessimistic about the Prime Minister's response to the first batch of the 50,000 signatures presented to him yesterday.

However, if the Prime Minister really respects democracy, then he should respond favourably to the first batch of 50,000 signatures demanding the revocation of the suspension of the Parliamentary Opposition Leader.

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How can Anwar be serious about fighting corruption when he is prepared to sit in the Cabinet together with Samy Vellu who is being investigated by the ACA?

Finance Minsiter, Datuk Seri Anwar Ibrahim, said in Bagan Serai on Sunday that the Government would continue to fight corruption and mismanagement at all levels and ensure that funds meant for the people are not misused.

How can Anwar be serious about fighting corruption when he is prepared to sit in the Cabinet together with the MIC President, Datuk Seri S. Samy Vellu, who is being investigated by the Anti- Corruption Agency in connection with the $130 million MAIKA Telekom shares hijacking scandal, and who had been ordered to declare his assets, that of his wife and famil y, trustees and agents, inside and outside the country?

Surely Anwar understand the meaning of political morality and ethics and must agree with the DAP stand that during the period that Samy Vellu is under investigations, he must resign as Cabinet Minister?

If Anwar does not accept this most basic understanding of political morals, ethics and integrity, then clearly, his perception on these issues have changed since he had become Finance Minister.

Sad that Cabinet is totally engrossed over how to penalise Karpal and me and ignored the great issues of the country

It is very sad that Anwar Ibrahim and the Cabinet are totally engrossed over how to penalise Karpal Singh and me and ignored the great issues of the country.

No other Cabinet in the world would have a special Cabinet

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meeting over my $5.80 toll citizen protest or to discuss what to do with the Vijandran pornographic videotape presented by Karpal to Parliament.

But this is what the Malaysian Cabinet did!

It is indeed a very sad day for Malaysian politics when the greatest ambition of the Cabinet Ministers is to get Karpal Singh and me prosecuted and convicted in court, rather than to work for the pol itical and economic betterment of all Malaysians.

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Speech (Pan 2) by Parliamentary Opposition Leader, DAP Secretary-General and MP for Tanjong, Lim Kit Siang, at the Kulai DAP Branch 'Back- To-The-People' Dinner held in Kulai on Friday, 24th July 1992 at 8 pm

Tan Sri Mohamed Zahir has denied that he had ever said that Karpal Singh could be charged in court for possession of Vijandran pornographic videotape

The Vijandran pornographic videotape produced by DAP Deputy Chairman and MP for Jelutong, Sdr. Karpal Singh, in Parliament last Monday is a great test which will define the powers, privileges and position of Parliament in Malaysia - as to whether it is the most supreme and highest body in the land, or is subordinate to the Cabinet and must take orders from the Ministers.

I was very disturbed. by various statement, published in the newspapers in the past few days, particularly quoting the Speaker of Parliament, Tan Sri Zahir Ismail, as saying that Karpal Singh could be charged in court for possession of the Vijandran pornographic videotape, Utusan Malaysia of July 22 (Malacca edition) even quoted Tan Sri Zahir as saying that Karpal might have "makan diri' with the production of the Vijandran pornographic videotape.

As I had been suspended from attending Parliament until the end of the year (over my expose of the $130 mill ion MAIKA Telekom shares hijacking scandal), I came out with very strong statements reminding the Speaker that he should stand up and defend the rights and privileges of all MPs from any attenmpt by the Executive to subvert the principle of parliamentary sovereignty.

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I declared that Tan Sri Zahir had acted wrongly in musing aloud that Karpal Singh could be prosecuted for producing the Vijandran pornographic videotape in Parliament.

I received a letter from Tan Sri Zahir yesterday evening, clarifying and stating:

1. That he had never said that Karpal Singh might

, makan diri' for producing the Vijandran pornographic videotape;

2. That he had never said that he would contact the Attorney-General to ascertain whether the possession of the Vijandran pornographic videotape was an offence or not;

3. That he had never said that Sdr. Karpal Singh could be prosecuted in court for possession of the videotape; and

4. That the news reports quoting him saying the above

were untrue and incorrect reports.

I welcome the clarification of Tan Sri Zahir Ismail, for otherwise, he would have compromised his position, independence and integrity as Speaker of Parliament.

The whole country is waiting for Tan Sri Zahir's ruling on the Vijandran pornographic videotape presented to Parliament by Karpal Singh.

The DAP has made it very clear that the Speaker has no right or authority to follow the directive of the Cabinet meeting on Wednesday to surrender the videotape to the police - especially in view of the police record of destroying eleven Vijandran pornographic videotapes, 2,000 photographs and negatives.

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I know there is a contention that the Viiandran pornographic videotape was not properly presented to Parliament by Karpal Singh, as it should be by way of a motion, and not just handed to the Chair.

I do not agree, but even conceding that it is arguable as to whether Karpal Singh had presented the Vijandran pornographic videotape to Parliament in a proper manner, this question has become academic and irrelevant.

This is because the Vijandran pornographic videotape had been accepted by the Chair in the person of Deputy Speaker Ong Tee Kiat when it was presented by Karpal Singh.

If Karpal's presentation of the Vijandran pornographic videotape was improper and irregular, then the Deputy Speaker should not have accepted it. Having accepted the Vijandran pornographic videotape, and in the process curing any irregularity that might have occurred, the Speaker is estopped from arguing that the Vijandran pornographic videotape had not been properly presented to the House.

It has also been argued that as Speaker, Tan Sri Zahir Ismail, could overrule Deputy Speaker Ong Tee Kiat for acting irregularly and outside his powers in accepting the Vijandran pornographic videotape.

It has always been the argument of the DAP MPs that the Speaker has tbe powers to overrule the Deputy Speaker where he had committed errors - as for instance in the numerous instances in the May meeting of Parliament when Ong Tee Kiat acted in a biased, unfair and perverse manner against DAP MPs leading to parliamentary pandemoniums and my suspension from Parliament.

However, Tan Sri Zabir had always rejected this argument, claiming that the Speaker has no powers to overrule Deputy Speakers.

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If Tan Sri Zahir should now suddenly decide that he has the powers to overrule Deputy Speaker Ong Tee Keat and rule

that the Vijandran pornographic videotape was improperly and irregularly presented to Parliament, this would be another clear case of injustice against the DAP MPs as well as to Parl iament.

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Speech by Parliamentary Opposition Leader, DAP Secretary- General and MP for Tanjong, Lim Kit Siang, at the lohore DAP State Committee meeting at DAP Taman Ungku Tun Aminan Branch on Sunday, luly 26, 1992 at 4 p.m.

The right decision on the Vijandran pornographic videotape is for the Speaker to keep it in Parliamentary custody and allow it to be viewed by MPs in Parliament House on request

The country and the world must be astounded as to how the production of a Vijandran pornographic videotape had developed into a constitutional crisis on the proper relationship between Parliament and the Cabinet and whether the doctrine of Separation of Powers had been destroyed in the Malaysian system of government.

If the Cabinet had respected the principle of parliamentary sovereignty, the powers and privileges of MPs and the absolute right of Parliament to order its own affairs, there would be no constitutional crisis.

Unfortunately, the Cabinet last Wednesday threatened the fundamental principle of parliamentary sovereignty when after its meeting, the Deputy Prime Minister, Ghafar Baba, announced that the Vijandran pornographic videotape would be surrendered to the police.

The Cabinet, the Attorney-General and the Police have no right to interfere with Parliament's unfettered right to decide what to do with the Vijandran pornographic videotape.

I have yesterday read the Hansards of the Parliamentary sittings from Monday to Thursday, and I find the Vijandran

pornographic videotape a very simple matter if there are no

37

attempts by the Cabinet to usurp the powers of Parliament and privileges of MPs.

Firstly, the Vijandran pornographic videotape presented by Karpal Singh had been accepted by Deputy Speaker, Ong Tee Kiat, and the question whether it should have been accepted or not does not arise any more.

This is made very clear in the Hansard of Monday, 20th July 1992.

Thus the Hansard of 20th July 1192 gives the following extract:

"Tuan R. Karpal Singh: Tetapi apa yang perlu ialah seorang pengarah sekarang dan pengerusi dalam tahun 1986 - Pengerusi MAIKA Holdings ini sepatutnya dihadapkan ke mahkamah oleh kerana ada perlakuan dalam video- video lucah. Saya ada video itu [Tepuk] - [menyerahkan pita video kepada Tuan Yang di-Pertua] [Tepuk].

Tuan Speaker, video itu bolehkah itu menjadi exhibit dalam Hansard? [Tepuk]. Dalam video itu apa yang ada, Tuan Speaker?" - p. 78.

And in page 83, the following extract:

"Timbalan Yang di-Pertua [Tuan Ong Tee Keat]: ... Cuma saya hendak menasihatkan Yang Berhormat dari Jelutong kalaulah kita betul-betul hendak membahaskan Rang undangundang yang dibentangkan ini, say a rasa eloklah balik pada tajuk, dan walaupun saya sudah terima pita ini di sini bagi pihak Kerusi, saya hendak nasihatkan Yang Berhormat khususnya Ahli-ahli lain yang mungkin hendak tahu apakah isi kandungnya, saya rasa ini bukan masanya ..... " -

And in page 87, the following:

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"Timbalan Yang di-Pertua [Tuan Ong Tee Keat]: Yang Berhormat, tadi bila Yang Berhorrnat (daripada Jelutong) menyerahkan pita ini kepada saya, memanglah tindak- tanduk Yang Berhormat itu telah pun dimasukkan ke dalam Hansard ... "

And in page 91,

"Tuan Karpal Singh: Itu diterima sebagai apa, exhibit?

"Timbalan Yang di-Pertua [Tuan Ong Tee Keat]: Yang Berhormat boleh menyerahkan sebarang notakah, ataupun pita seperti yang diserahkan."

The acceptance of the Vijandran pornographic videotape by Deputy Speaker Ong Tee Kiat on behalf of the Chair is therefore conclusive and cannot be reviewed except through a substantive motion under Standing Order 43.

The Vijandran pornographic videotape should not be returned to Karpal Singh by the Speaker

I am surprised therefore that in his remarks in Dewan Rakyat as contained in the Hansard of July 23, 1992, Tan Sri Zahir was talking about the possibility of returning the Vijandran pornographic videotape to Karpal Singh as one of the options open to him.

The Speaker should not return the Vijandran pornographic videotape to Karpal Singh at all.

The decision is very simple. The right and proper decision is for the Speaker to keep the Vijandran pornographic videotape in the custody of Parliament and allowed it to be viewed by MPs in Parliament House on request.

The Vijandran pornographic videotape is not an ordinary videotape to titillate the prurient interests and desires of MPs,

39

but to allow the MPs to make an informed decision on an issue which had greatly besmirched the reputation and dignity of Parliament and the nation.

Malaysia will become a laughing stock of the world if the Vijandran pornographic videotape is returned to Karpal Singh one week after it had been accepted by the Speaker

The Vijandran pornographic videotape should be kept in the custody of Parliament for one year, after which the MPs can decide by motion to turn it over to the Police, provided the Police can give an iron-clad guarantee that they will not destroy it in the manner they had destroyed eleven Vijandran pornographic videotapes, 2,000 photographs and negatives in 1989.

Alternatively, the MPs could by way of a motion authorise the making of a copy of the Vijandran pornographic videotape and make it available to the Police for its re-opening of the case of the Vijandran pornographic videotape scandal.

The Malaysian Parliament will become a laughing stock in the world if after a week of accepting the Vijandran pornographic videotape, the Speaker returns it to Karpal Singh on the ground that it had not been properly presented to the Chair.

As Ong Tee Kiat had made it very clear that he had accepted the Vijandran pornographic videotape on behalf of the Speaker, Parliament should not go through a farce of passing the Vijandran pornographic tape around.

40

Press Statement

by Parliamentary Opposition Leader, DAP Secretary-General and MP for Tanjong, Lim Kit Siang, in Petaling Jaya on Wednesday, 29th July 1992:

I have sent urgent letters to the Law Minister, Datuk Syed Hamid Albar and the Speaker, Tan Sri Zahir Ismail, asking for the withdrawal of Syed Hamid's motion to kick the ball in the Vijandran pornographic videotape and pass it to the Police

I have sent urgent letters to the Law Minister, Datuk Syed Hamid Albar and the Speaker of Dewan Rakyat, Tan Sri Zahir Ismail, asking for the withdrawal of Syed Hamid's motion to kick the ball in the Vijandran pornographic videotape case and pass it to the Police.

Syed Hamid gave notice to table such a motion yesterday, and I am shocked to learn that it would take priority over all parliamentary business at 3.30 p.m. today and will become the first item of business in the Dewan Rakyat after question time, superseding all government bills and even the earlier motion submitted last week by the DAP Parliamentary Whip and MP for Kepong, Dr. Tan Seng Giaw on the same subject matter.

This is most improper and is another example of the abuse of the two-thirds parliamentary majority of the Barisan Nasional government to interfere with parliamentary business at its whims and fancy.

If the Dewan Rakyat is to deal with the issue of the Vijandran pornographic videotape presented to Parliament by

DAP Deputy Chairman and MP for Jelutong, Sdr. Karpal Singh on 20th July 1992, then Dr. Tan Seng Giaw's motion

41

should take precedence as it was submitted before Syed Hamid.

As an MP for 23 years years, I am shocked by the motion submitted by the Law Minister.

Firstly, the Speaker, Tan Sri Syed Zahir Ismail, had made a ruling in the Dewan Rakyat last Thursday when rejecting the motion by Dr. Tan Seng Giaw to adjourn the House to discuss the Vijandran pornographic videotape as a matter of urgent, definite public importance that he, as Speaker, had the full powers to decide what to do with the Vijandran pornographic videotape.

This is what Tan Sri Zahir said last Thursday (Hansard 23.7.1992, p.3?):

"Saya telah meniliti perkara ini dan saya dapati bahawa perkara ini perkara tertentu dan bagi kepentingan orang ramal, tetapi saya tidak bersetuju bahawa perkara ini perlu disegerakan. Ini adalah kerana saya sebagai Speaker belum lagi membuat apa-apa ruling berkenaan dengan perkara tape itu. Oleh sebab perkara ini adalah perkara yang baru yang tidak ada precedentnya, saya berkehendakkah sedikit masa untuk mengkaji dengan mendalam. "

And in page 42, Tan Sri Zahir said:

"Yang Berhormat, perkara ini di bawah Perkara 99, saya boleh membuat satu-satu ruling. Jikalau sekiranya saya membuat satu-satu ruling, jikalau sekiranya saya memutuskan pita video ini sarna ada dikembalikan kepada Yang Berhormat dari Jelutong ataupun kepada siapa-siapa, maka saya akan menjalankan ruling itu melainkan jikalau sekiranya ada satu usul bawah Perkara 43 yang mengenepikan usul saya yang menyatakan usul saya itu tidak betu!. "

The motion in the name of the Law Minister in fact

42

overrules the ruling made by Tan Sri Zahir last Thursday and shows the power of the Cabinet to undermine the principles of parliamentary sovereignty, the doctrine of the Separation of Powers, and to interfere with the unfettered right of Parliament to order its own business.

Syed Hamid's motion subverts the principle of parliamentary sovereignty and the doctrine of separation of powers

The motion by the Law Minister is the follow-up to the Cabinet meeting last Wednesday, after which the Deputy Prime Minister, Ghafar Baba, announced that Parliament should surrender the Vijandran pornogaphic videotape to the police.

If Syed Hamid's motion is not withdrawn, it would be the standing proof of the subversion of the principle of parliamentary sovereignty in Malaysia, as the erosion parliamentary democracy in Malaysia had become so serious that the Cabinet is openly dictating to Parliament what it should do, when it is Parliament which should be the most supreme body in the land, higher than Cabinet.

But it is the contents of the motion of the Law Minister which will make the Malaysian Parliament the laughing stock in the world.

In his motion, Syed Hamid wanted the Vijandran pornographic videotape to be surrendered to the police on two grounds:

Firstly, that under Article 145(3) of the Federal Constitution, the Attorney-General shall have the discretionary power to decide on prosecutions; and secondly that under Article 121 (1) of the Federal Constitution, only the courts have the judicial power to try a criminal case.

43

Syed Hamid has completely got the wrong end of the stick and is propounding a dangerous political doctrine of democracy ala Malaysia which will emasculate further the constitutional role of Parliament.

Vijandran pornographic videotape is important not to establish his pornographic proclivities but to establish the scandal of the biggest political cover-up in Malaysian history involving major branches of government and going up to the Cabinet

The paramount issue before Parliament is not whether Vijandran had committed an offence, whether he should be prosecuted, or whether he would be found guilty.

These are properly matters to be decided by the Police, the Attorney-General and the Courts.

The paramount issue before Parliament is whether there had been a cover-up of a major political scandal, involving major branches of government, such as the Police, the Attorney-General, Cabinet Ministers and even the Prime Minister, where Parliament and the country had been deceived, the principles of political accountability and integrity flouted and even laws broken to effect such a political cover-up.

The Vijandran pornographic videotape is important not to establish the pornographic proclivities of Vijandran, who is no more an MP, but to establish that there had been the great political cover-up in Malaysian history, involving major branches of Government and going up all the way to the Cabinet, where Parliament and country were deceived, principles of political accountability and integrity violated and laws broken.

It is important that MPs be allowed to see the Vijandran pornogrpahic videotape presented to Parliament by Sdr. Kar-

44

pal Singh not to tittilate any prurient proclivities, but to establish whether there had been a great political scandal of a cover-up in the past three years, involving the august house of Parliament.

Such a scandal of a major political cover-up is not the proper subject of investigation by the Police, the AttorneyGeneral or the Courts, and can only be dealt with by Parliament.

If Parliament passes the motion presented by the Law Minister, it will be a total abdication of responsibility by Parliament.

On the basis of the subversive theory behind the motion of the Law Minister, Parliament in Malaysia will never be able to establish any inquiry into political scandals in the country involving top political leaders and even MPs.

If this is the case, then the Malaysian Parliament must be the only Parliament in the world which has castrated itself.

45

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NORTH-SOUTH HIGHWAY SCANDAL II

47

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Speech (Part 2) by Parliamentary Opposition Leader, DAP Secretary-General andMP for Tanjong, Lim Kit Siang, at the DAP 1992 National Conference held at Emperor Hotel, Malacca on Sunday, 12th July 1992 at 10 a.m.

The victory of the residents of Bukit Merah in getting a High Court injunction to stop Asian Rare Earth Sdn. Bhd. (ARE) is a lesson to the people of Malaysia to be more assertive and protective of their rights andfuture generations

The victory of the residents of Bukit Merah in Perak in getting a High Court injunction to stop Asian Rare Earth Sdn. Bhd. (ARE) from operating its factory, producing, storing and keeping its toxic and radioactive wastes is a great victory of the people.

It should be a lesson and an encouragement to the people of Malaysia to be more assertive and protective of their rights and future generations even though one must pay a heavy price for standing up for one's rights.

The seven-year ARE case was accompanied by the harrassment, victimisation, arrest and detention of activists and supporters in the campaign of the people of Papan and Bukit Merah to protect themselves and future generations from radioactive contamination.

The Operation Lalang mass arrests of over 1 ()() people under the Internal Security Act in 1987 included environmentalists and those who had championed the cause of the people of Papan and Bukit Merah.

One of the issues which the police interrogated me as well as other DAP MPs detained during Operation Lalang was our

49

support for the struggle of the people of Papan and Bukit Merah.

A great boost and encouragement to the 100,000 people in their opposition to the Bukit Nanas National Toxic Waste Treatment Centre

The victory of the people of Bukit Merah to stop ARE is good news to all Malaysians faced with grave environmental threats.

The case for instance is a great boost and encouragement the 100,000 people in the Rasa parliamentary constituency in Negri Sembilan who will be adversely affected by the siting of the National Toxic Waste treatment and disposal facility in Bukit Nanas, causing pollution to water, air, plants, vegetation, livestock and to human beings. The pig-rearing industry in Bukit Pelandok and Jimah, which is one of the biggest in the country, having 600,000 pigs, will be seriously affected by the Bukit Nanas national toxic waste treatment centre.

One important lesson in the victory of the people of Bukit Merah is the unity and strength of the people behind every righteous struggle.

The people of Malaysia must be more conscious of their rights, and stop being a long-suffering public at the indifference, negligence and irresponsibility whether of the government or huge faceless corporations which had acquired private monopolies as a result of privatisation programme of the government, like the North- South Highway, MAS, STM, TEN, etc.

PLUS must be responsible for the North-South Higbway Crawl

This was why I made a citizen's protest at the Ayer Keroh Toll plaza yesterday to hold PLUS responsible for the North-

50

South Highway Crawl.

I left Petaling Jaya at 2.30 p.m. for Malacca, entering the North-South Highway at Sungei Besi Toll plaza at about 3 p.m.

At the Sungei Besi Toll plaza, I was issued the "Tiket Transit' with the logo of PLUS (Projek Lebuhraya Utara-Selatan Bhd) and the words: "UTARA KE SELATAN, LEBIH SELAMAT, MUDAH DAN CEPAT'

It took me over two-and-a-half hours on the North South Highway to reach Ayer Keroh. I have been told that it only takes 45 minutes from Toll to Toll (between Sungei Besi and Ayer Keroh), but this must be in disregard of the speed traps. Going by the North- South Highway speed limits, it should take slightly over one hour to cover the distance between the two toll plazas of Sungei Besi and Ayer Keroh.

PLUS had clearly violated the terms of its contract to the highway users when a journey takes over twice the normal time - for it is clearly no more' Lebih Selamat, Mudah Dan Cepat' .

From the former Seremban Toll Plaza on the Highway to near the new Seremban intersection, it was a 45-minute crawl which is worse than the Cheras Crawl of Kuala Lumpur, when it should be covered in less than 10 minutes.

Although there was an accident causing the pile-up of several vehicles, PLUS as the franchise operator of NorthSouth Highway was fully responsible for the North-South Highway Crawl because of:

(1) the prolonged roadworks between Sungei Besi Toll Plaza and Seremban;

(2) the failure of PLUS to ensure that there is a compe tent highway maintenance crew to direct quick free

51

traffic flow in the event of accidents, especially in areas where bottlenecks are likely to be caused by its roadworks.

PLUS seems to have adopted the attitude that once a highway user is between two Toll Plazas, they are at its tender mercies regardless of bad road conditions or poor maintenance. This is why PLUS has totally neglected the convenience, comfort and interests of the highway users - and I saw this with my own eyes when there was a long queue for the toilet at the Linggi/Pedas bay, which is most scandalous.

We cannot allow PLUS to continue to rake in money without investing in the comfort and safety of the highway users - and to keep to its promise of "UT ARA KE SELA TAN, LEBIH SELAMAT, MUDAH DAN CEPAT".

PLUS has taken a year and has still not completed its roadworks to upgrade the Sungei Besi and Seremban stretch. This itself is proof of the negligence of PLUS in not making adequate forward planning to upgrade that stretch of the highway in keeping with the increase of traffic volume - well before it had reached this serious stage.

For a year, the highway users travelling between Sungei Besi and Seremban had suffered great inconvenience, discomfort and even danger because of the prolonged roadworks to upgrade that section. I do not know how many accidents and lives were lost because of the bad road condition and poor maintenance by PLUS on this stretch of the road.

DAP demands that the Works Minister, Leo Moggie, should direct PLUS to stop collecting toll between the Sungei Besi and Seremban stretch until they had completed their upgrading of the section. Highway users pay toll for a journey which is 'safer, easier and faster' and if this is not provided, then there is no justification by PLUS to collect toll.

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Press Statement

by Parliamentary Opposition Leader, DAP Secretary-General and MP for Tanjung, Lim Kit Siang, in Petaling Jaya on Tuesday, July 14, 1992:

It is very sad to see Cabinet Ministers grovelling to PLUS instead of directing it to fulfil its promise to provide 'safer, more comfortable and faster' highway between Sungei Besi and Seremban

It is very sad to see Cabinet Ministers like the MCA President and Transport Minister, Datuk Dr. Ling Liong Sik and the PBDS President and Works Minister, Datuk Leo Moggie, grovelling to PLUS instead of directing PLUS to fulfil its promise to provide' safer, more comfortable and faster; highway between Sungei Besi and Seremban.

Liong Sik and Leo Moggie are not interested about the complaints and curses of the highway users who had to put up with considerable inconvenience and even risks to life and limb when using the Sungei Besi-Serernban section for the past one year. Liong Sik and Leo Moggie are only interested in being the spokesmen of PLUS and insist that I pay up the $5.80 toll for the Sungei Besi-Ayer Keroh section which I refused as a citizen protest last Saturday.

Liong Sik and Leo Moggie have highlighted the ugliest aspects of privatisation

Liong Sik and Leo Moggie have highlighted the ugliest aspects of privatisation - that when public monopolies are transferred to private companies turning them into private monopolies, as in the case of North-South Highway, there are

53

no effective ways to monitor, check and compel these private monopolies to perform their public duties and fulfil their public responsibilities.

Technically, the government is still in overall responsibility for the privatised service, but this does not exist in actual fact, as the government, whether Ministers or even top civil servants tend to side with such big corporations against the interests of the ordinary people.

This has been illustrated by my citizen protest in refusing to pay $5.80 toll because PLUS had failed in its contractual term of providing' Utara Ke Selatan Lebih Selamat, Mudah dan Cepat'. Last Saturday, I spent 45 minutes in a bumper-tobumper North-South Highway Crawl before Seremban which is even worse than the Cheras Crawl in Kuala Lumpur, and I took two-and-a-half hours to cover the distance between the Sungei Besi-Ayer Keroh toll plazas when it should be completed in slightly over an hour.

Works Minister, Leo Moggie, said that PLUS had given him an explanation and that he had accepted it for the NorthSouth Highway Crawl last Saturday.

It is clear that Leo Moggie is easily satisfied as far as PLUS is concerned, but is Leo Moggie aware that although he may be satisfied, all the highway users are not satisfied at all?

Was Leo Moggie satisfied with PLUS' explanation from the standpoint of a highway user, or from the standpoint of a political leader who could not antagonise a company like PLUS?

MCA President, Datuk Dr. Ling Liong Sik, was even more eloquent than Leo Moggie. Liong Sik said that my citizen protest in refusing to pay $5.80 toll was "going a little bit too far" and he staunchly defended PLUS by accusing me for

54

"blaming the wrong people".

He was also afraid that I would call for his resignation as Transport Minister each time an accident took place on Malaysian roads because the roads were not built to specifications.

No Toll For North-South Highway Crawl

I am not surprised that Liong Sik thinks that I had "gone a little bit too far" in my citizen protest in refusing to pay the $5.80 toll. But Liong Sik's views are irrelevant, as he is not a highway user since he is transported in VIP comfort and style to avoid all the inconvenience which ordinary highway users must face.

What is important is whether the highway users think that I had "gone a little bit too far" .

I have no doubt that if an opinion survey is conducted among the regular highway users between Sungei Besi and Seremban, they will fully support my citizen protest and . completely disagree with Liong Sik.

The point of my citizen protest is to highlight the fact that PLUS, as the franchise operator of North-South Highway, has a contractual duty to the highway users from whom it collected toll- to provide' safer, more comfortable and faster' highway. If PLUS cannot fulfil this contractual term, then it has no right to collect toll.

The slogan of all highway users should be: "No ron For North-South Highway Crawl".

Liong Sik is advancing a most fantastic theory that tantamounts to asserting that PLUS' duty is only to collect toll and has no responsibility to the highway users at all - Liong Slk's Theory of Irresponsibility for PLUS.

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I will like to know how many Cabinet Ministers accept Liong Sik's theory of 'irresponsibility' of PLUS to the highway users.

I reject in toto Liong Sik's Theory of Irresponsibility for PLUS. I maintain that PLUS must fulfil its contractual term to the highway users to provide' safer, more comfortable and faster' highway, and this includes ensuring good road conditions and proper maintenance, such as adequate mobile teams to clear traffic flow whenever there is an accident on the highway. Most important of all, PLUS is fully responsible in ensuring that there is no North-South Highway Crawl which is even worse than the Cheras Crawl in Kuala Lumpur.

I demand a meeting with the head of PLUS over its failure to provide' safer, more comfortable and faster' highway for all highway users

Those who are aware of the financial and political power of PLUS will not be surprised that top political leaders and government officials, like the Minister of Transport, the Minister for Works and even the Secretary-General of the Works Ministry, Datuk Khalil Mohd. Nor, are grovelling to serve PLUS rather than to serve the public.

Component parties of Barisan Nasional and their leaders cannot afford to antagonise powerful corporations like PLUS or United Engineers Malaysia (UEM), not only because of their political muscles but also because of the financial patronage they can disburse.

The OAP however does not have to grovel to PLUS or UEM and we will stand firmly to uphold the public interests and those of highway users.

It is for this reason that I am demanding a meeting with the head of PLUS, and I am asking my political secretary to set up such an appointment to discuss PLUS' failure to fulfil

56

its promise to provide' safer, more comfortable and faster' highway for highway users.

As for Liong Sik 's fear that I might be calling for his resignation for the high accident rates in the country because the roads were not built to specifications, Liong Sik should know where his responsibility lies. May be this is one reason why he is advancing the Theory of Irresponsibility for PLUS, so that it could be extended to the Transport Minister for him to disclaim responsibility for all avoidable disasters on road, rail, airports, ports, air and sea in the country.

Malaysians are very unfortunate that they have a Transport Minister who is more interested in finding ways to shirk his responsibility, rather than to carry out his Ministerial duties diligently and conscientiously.

Press Conference Statement by Parliamentary Opposition Leader, DAP Secretary-General and MPfor Tanjong, Lim Kit Siang, in KOla Bahru on Wednesday, July 15, 1992

I am prepared to pay $5.80 toll to PLUS if it could promise to fulfil its contractual term to provide 'Utara Ke Selatan, Lebih Selamat, Mudah dan Ceoat'

It is most fantastic and unbelievable that my refusal to pay $5.80 toll to PLUS for the Sungei Besi-Ayer Keroh stretch of the North-South Highway last Saturday because of the breach of the contractual terms by PLUS to provide a 'safer, more comfortable and faster highway' should attract the attention of the Cabinet.

Not only were the Minister for Works, Datuk Leo Moggie, and the Transport Minister, Datuk Dr. Ling Liong Sik, very upset over my refusal to pay $5.80 toll to PLU S, even the Prime Minister, Datuk Seri Dr. Mahathir Mohamad, had to take time from his many engagements to champion PLUS.

The Prime Minister said in Kuala Trengganu yesterday that I 'ought to pay fine for evading toll' as I was not above the law. He said that being Parliamentary Opposition Leader did not give me the privileges to break laws as even the Prime Minister cannot escape from the law if he commits a crime.

He accused me of setting a bad example for the young generation of Malaysians.

It must have shocked all Malaysians that the Prime Minister and senior Cabinet Ministers are so upset over what I have done, as if I had stolen $5.8 million or $58 million of public funds - rather than refusing to pay $5.80 toll to PLUS on a matter of principle.

58

Malaysians will be a healthier and cleaner society if the Prime Minister and senior Cabinet Ministers could show equal concern in corruption, abuses of power and financial scandals involving tens and hundreds of millions of ringgit.

Let me state from the outset that I never regarded myself as above the law and I had never demanded even privileges which are entitled by' a Parliamentary Opposition Leader.

When I refused to pay $5.80 toll at the Ayer Keroh toll plaza, it was not because I was trying to cheat PLUS of $5.80, but to lodge a citizen protest at the failure of PLUS to fulfil its contractual terms to all highway users to provide a 'safer, more comfortable and faster highway' .

If PLUS is not bothered about providing a 'safer, more comfortable and faster highway', aU highway users are entitled to protest

I am prepared to pay the $5.80 toll to PLUS if it could promise to fulfil its contractual terms to provide a' safer, more comnfortable and faster highway'.

If PLUS is not bothered about providing a 'safer, more comfortable and faster highway' to the users, highway users are entitled to exercise their right to lodge citizen protests.

This is particularly important as PLUS announced yesterday that toll rates for motorists on the North-South Highway would increase by a hefty 50 per cent beginning next year.

How can the Ministry of Works and the Cabinet approve the 50 per cent increase in North-South Highway toll rate, without any fulfilment by PLUS of its contractual term to provide' safer, more comfortable and faster highway'?

DAP calls on the Cabinet to withdraw its approval for the increase of 50 per cent of the North-South Highway toll rate,

59

until such time as PLUS is capable of providing' safer, more comfortable and faster highway' to the users.

I am shocked that PLUS could so easily get government approval for the 50 per cent increase in toll rates.

After the Government approved the increase of highway toll rates for heavy vehicles, which came into effect in December last year, the Works Minister, Datuk Leo Moggie, said in February this year that PLUS would be allowed to propose a revision of the toll rates next year.

The question is why Leo Moggie approved a further increase of toll rates within a few months, instead of waiting for next year to receive and consider PLUS proposals for increase of toll rates?

Is this because PLUS had failed in its bid to get an extra $2.5 billion funding from the Government for the completion of the North-South Highway, which is way behind schedule in a few packages?

Was Mahatma Gandhi setting a bad example to the young generation of Indians protesting against unjust colonial laws?

It is very sad that instead of becoming the spokesmen of the ordinary highway users who had suffered in silence from the incompetence, inefficiency and irresponsibility of PLUS in maintaining good conditions and adequate highway service, Dr. Mahathir, Liong Sik and Leo Moggie should become the spokesmen for PLUS.

I reject Dr. Mahathir 's accusation that I am setting a bad example to the young generation of Malaysians by breaking law. Would Dr. Mahathir suggest that Mahatma Ghandhi was setting a bad example to the young generation of Indians in his protest against unjust colonial laws?

Press Statement

by Parliamentary Opposition Leader, DAP Secretary- General and MP for Tanjong, Lim Kit Siang, in Petaling Jaya on Friday, 17th July 1992:

The Cabinet has got its entire sense 0/ priorities all wrong when it regards my '$5.80 toll citizen protest' as the No. One Crime Oil the land, when it had never discussed the grave problem of corruption and commercial fraud which have cost the country at least $15 billion ill the past decade

The Cabinet has got its entire sense of priorities all wrong when it regards my so-called "$5.80 toll crime" as the No. One Crime on the land, scheduling a special discussion on it during the Cabinet meeting in Kuala Trengganu two days ago, while the Cabinet had never discussed the grave problem of corruption and commercial fraud which have cost the country at least $15 billion in the past decade.

It was reported that the Cabinet decided to instruct all relevant authorities to take firm action against those who refused to pay toll, including fines and arrest, and that this directive. is to apply to everyone, including the Prime Minister, Cabinet Ministers and political leaders, whether in Government or in Opposition.

This was why after the Cabinet meeting in Kuala Trengganu last Wednesday, the Prime Minister, Datuk Seri Dr. Mahathir Mohamed, said: "Kit Siang thinks that. as the Opposition Leader, he is above the law and can go against it, and later report to his directors overseas on how he has been treated in Malaysia.

61

"Doesn't he know that even the Prime Minister is not above the law and can be penalised if he breaks it?"

Firstly, I never regard myself as being above the law, and his accusation that I have' directors overseas' is most unworthy of the Prime Minister because it is completely false and untrue.

Secondly, Dr. Mahathir implied that he also had to pay toll.

This is completely untrue, and the Cabinet decision that action would be taken against even the Prime Minister Ministers if he does not pay toll is utterly meaningless, for the Prime Minister is exempted from having to pay toll.

The Cabinet should explain why regards my citizen protest refusing to pay the $5.80 toll at Ayer Keroh Toll Plaza as a

crime', treating the "$5.80 toll crime" as if it is the No. One crime on the land, deserving special Cabinet decision, when it had never discussed the grave problem of corruption and white-collar crimes which have cost the country at least $15 billion in the past decade?

North-South Highway Crawl between Sungei Besi and Seremban which was worse than the Cheras Crawl in Kuala Lumpur

A sympathetic and people-oriented government would have reacted very differently to my citizen protest in refusing to pay $5.80 toll at the Ayer Keroh Toll Plaza last Saturday.

Such a people-oriented government would have called up PLUS to demand to know what it was doing to deliver its promise of providing a 'safer, more comfortable and faster highway' in return for the toll it was collecting.

Instead, the Government's first concern was to champion PLUS and even to defend its failure to provide' a safer, more comfortable and faster highway' justify its collection oftoll.

62

First the MCA President and Transport Minister, Datuk Dr. Ling Liang Sik, alleged that "I had gone a bit too far". Next, the Works Minister, Datuk Leo Maggie, said he was satisfied with the explanation given by PLUS for the 'NorthSouth Highway Crawl' between Sungei Besi and Seremban last Saturday, which was worse than the Cheras Crawl In Kuala Lumpur.

The Prime Minister, Datuk Seri Dr. Mahathir Mohamed, together with the entire Cabinet in Kuala Trengganu, then entered the act on the side of PLUS, while not a single Cabinet Minister or government leader had any thought for the longsuffering highway users.

Now, all the top government officers, like the AttorneyGeneral, Tan Sri Abu Talib, the cm Director, Datuk Zaman Khan and others have to drop everything they are doing to concentrate on this' $5.80 toll crime"!

It would appear that PLUS is not just a franchise operator of the North-South Highway, but has become so strong financially and politically, that it has virtuaiJ y at its beck and call, Cabinet Ministers as well as entire government departments.

This must be the reason why PLUS announced a 50 per cent increase in North-South Highway-toll rates for motorists beginning from next year without having to consult the Malaysian Highway Authority.

Two days after PLUS made this announcement of the 50 per cent toll increase, the Chairman of the Malaysian Highway Authority (LLM) Tan Sri Mohamed Yusuf Mohamed Yunus, said he had not received any proposal for the increase of toll rates by PLUS.

. If MHA had not received any proposal from PLUS to Increase the toll rates, how could PLUS announced such

63

increases? Had PLUS received government approval over the heads of MHA?

Who in government approved the 50 per cent increase in toll rates by PLUS when MHA knew nothing about it?

This is most irregular and shows that companies like PLUS have acquired such great financial and political powers that regulatory bodies established to supervise its operations like MHA have completely lost all powers.

The Prime Minister said in Kuala Trengganu yesterday that the announcement of the 50 per cent increase in toll rates by PLUS last Tuesday "was not much" and added: "But I'm sure Lim Kit Siang will exploit this for a political purpose" .

. I am flattered by Dr. Mahathir's attention. Yes, the DAP and I oppose the toll rate increase, but this is not because of any political motivation. I am also not the only one to oppose it.

The Federation of Malaysian Consumers Association president, Hamdan Adnan, the Consumers Assocation of Penang president, S.M. Idris and MTUC President, Zainal Rampak, and the Automobile Association of Malaysia chief executive Wee Teow Soon, as well as countless Malaysians have expressed their opposition to the 50 per cent increase in toll rates by PLUS.

I hope Dr. Mahathir will not suggest that I had instigated these organisations and Malaysians, who have their own integrity, to oppose the toll rate increase to serve the political ends of the DAP.

How can PLUS present a case for the increase of toll rates when it could not provide a 'safer, more comfortable and faster highway' especially between Kuala Lumpur and

64

Malacca.

Furthermore, how could PLUS be allowed to unilaterally announce increase in the toll rates, when the MHA knew nothing about its proposals?

Thirdly and finally, PLUS must present a case to the highway users to justify its request for increase in toll rates, and not just use its political influence and muscles to unilaterally raise toll rates.

As MHA knew nothing about the PLUS proposal to increase toll rates, DAP demands to know which Minister had given its approval, and whether the Cabinet had approved it without even referring the matter to the MHA.

The Works Minister, Datuk Leo Moggie, should tell PLUS that it had no power to unilaterally increase toll rates without approval from the Government.

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Press Statement

by Parliamentary Opposition Leader, DAP Secretary-General and MP for Tanjong, Lim Kit Siang, in Petaling Jaya on Sunday, July 19, 1992:

PLUS proposal to increase North-South Highway toll rate by 50 per cent should be presented to Parliament for debate and approval

DAP demands that the PLUS proposal to increase the North- South Highway toll rate by 50 per cent should be presented to Parliament for debate and approval, as such an exorbitant increase will have major effect on the cost of living of everyone in the country.

There are at least seven major reasons why the Government must reject the 50 per cent increase of toll rates by PLUS, which are as follows:

1. Violation of Government Assurance of no increase of toll rate for motorists until 1994

In 1987, when I spearheaded the opposition -to the award of the North-South Highway privatisation contract to United Engineers Malaysia (UEM), I received several assurances by the then Minister for Works, Datuk Samy Vellu, on the various terms and conditions of the privatisation.

At a briefing given to DAP MPs at the Ministrty of Works on July 16, Samy Vellu responded to 12 questions on the North-South Highway which I had made public three days earlier.

One of the 12 questions was with regard to the toll rate to

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be charged for the North-South Highway.

The following is an extract from my press statement on July 17, 1987 on the assurance given by the Minister for Works at his briefing and dialogue with the DAP MPs on the toll rate:

"4. Toll Rate

Datuk Samy Vellu said that UEM would not be allowed to impose toll of more than 5 sen per kilometer for cars for the first five years, which is computed from 1989- 1994. After 1994, the toll rate increase will be subject to government review, with the increase linked to inflation.

"Datuk Samy Vellu also said that the toll rate for the present completed sections of the North-South Highway would be increased from 2 112 sen to 5 sen per kilometer from 13th August 1987."

To allow PLUS to increase its toll rate beginning next year would be to violate this government undertaking that there would be be no increase in the toll rate for the North-South Highway for motorists until 1994.

This is the first objection to the 50 per cent increase in North-South Highway toll rate.

2. Any new toll rate increase to be linked to inflation

The second objection is that the PLUS toll rate increase would be a violation of the government assurance that any new toll rate increase on the North-South Highway would be linked to inflation.

Are PLUS and Government claiming that a 50 per cent increase of toll rate is justifiable because int1ation in the country has reached 50 per cent?

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If this is the case, can workers, government servants and trade unions in the country claim a 50 per cent increase in their wages in keeping with such an inflationary rate?

3. Highway users are not responsible for cost-overruns or financial mismanagements by PLUS

The third objection is that the highway users and the public cannot be responsible for the cost-overruns or financial mismanagements by PLUS.

If the public are to be made responsible for the cost overruns and financial mismanagements by PLUS, in having to pay a 50 per cent toll increase, then PLUS must open up its books and accounts for a detailed examination by the public first.

4. PLUS had given firm and categorical assurance that it had adequate funds to complete the NorthSouth Highway despite cost overruns

The fourth objection is that PLUS had given firm and categorical assurance that it had adequate funds to complete the North- South Higbway by 1993 despite cost overruns. There is now therefore no justification by PLUS to increase toll rate by 50 per cent on the ground it required new financing.

5. PLUS is already collecting three times the revenue from toll than the original estimate

The fifth objection is that PLUS is already collecting three times the revenue from the North-South Highway toll than the original estimate.

Last Tuesday, PLUS managing director Amirullah A.M.

Mayuddin said that the toll revenue forecast of PLUS for 50 per cent completion of North-South Highway this year is $150

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million. This is thrice the estimate made by the United Engineers Malaysia (UEM) when it submitted its privatisation bid in 1986 - which is $57 million in 1992;

6. PLUS has failed to provide' safer, more comfortable and faster highway'

The sixth objection to the 50 per cent increase in NorthSouth Highway toll is that PLUS had failed to provide a 'safer, more comfortable and faster highway I • In fact, in the Kuala Lumpur- Seremban stretch, PLUS had allowed the emergence of a North-South Highway Crawl which is even worse than the Cheras Crawl in Kuala Lumpur.

7. Malaysian Highway Authority had been bypassed and not been consulted

The Chairman of the Malaysian Highway Authority, Tan Sri Mohamed Yusuf, said on Thursday that PLUS cannot simply increase toll charges because it is bound by the contract with the Government. He said MHA had not received any proposal for the increase from PLUS.

As MHA had not been consulted, the question is how can PLUS be allowed to increase toll rate by 50 per cent unilaterally in violation of its contractual terms, completely by-passing MHA.

Based on these seven major objections, the Government should summarily reject the PLUS I increase of 50 per cent increase in toll rates from next year.

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Press Statement

by Parliamentary Opposition Leader, DAP Secretary- General and MP for Tanjong, Lim Kit Siang, in Petaling Jaya on Monday, 20th July 1992:

Call on Mahathir and the entire Cabinet to explain why they regard my citizen protest in refusing to pay $5.80 toll to PLUS as even more serious than the $130 million MAIKA Telekom shares hijacking scandal

It is really preposterous that the Cabinet had a special discussion on my "5.80 toll citizen protest" in the Cabinet meeting in Kuala Trengganu last Wednesday, and directing that-action be taken to prosecute me.

Can the Prime Minister, Datuk Seri Dr. Mahathir Mohamed, the Finance Minister, Datuk Seri Anwar Ibrahim and the entire Cabinet explain why they regard my citizen protest in refusing to pay $5.80 toll to PLUS at the Ayer Keroh Toll Plaza on 11 th July 1992 for its failure to provide 'a safer, more comfortable and faster highway" as the No. One problem in the country - even bigger than the $130 million MAIKA Telekom shares hijacking scandal?

The Cabinet had to schedule a special discussion to discuss my $5.80 toll citizen protest, when it had never discussed the $130 million MAIKA Telekom shares hijacking scandal in the past three months!

\

\

I understand that the Police had been frantically looking for me in the past three days, following the Cabinet decision that action should be taken to prosecute me.

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It is preposterous that the Cabinet had even usurped the sole discretion of the Attorney-General in deciding whether to initiate prosecution in a case or not.

It is clear that when PLUS loses $5.80, Cabinet Ministers get very upset; while the Cabinet is not bothered when the public and country are swindled of hundreds of millions or even billions of ringgit as a result of high-level political corruption and financial scandals.

I am surprised at the great urgency with which the police is trying to locate me, as if they are facing an emergency just because of my $5.80 toll citizen protest.

I am not running away from the police, and I repeat that I am prepared to face the consequences, including being jailed for one year, for making the citizen protest on behalf of North-South Highway users.

But I want to know why the Police is treating this case with such great urgency, when in so many cases that DAP leaders had brought to the notice of the Police, no action had yet been taken?

I have been travelling around the country in the past few days and this was why I had not been able to see the Police officials specially assigned by Bukit Aman to my case of "5.80 toll citizen protest" .

Lest the Police think that I am running away from them, let me state where I had been in the past week: July 12 in Malacca, July 13 in Penang, July 14 in Kuala Lumpur, July 15 in Kota Bahru, July 16 in Penang, July 17 in Teluk Intan, July 18 in Morib and yesterday in Ulu Tiram, Johore.

I have informed my political secretary to let the Police know that I would be free to meet them on Thursday on July 24.

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Attitude of PLUS that its only responsibility is to collect tolls most preposterous

I also find the attitude of PLUS most preposterous. I had asked my political secretary to set up an appointment with top PLUS officials, as I wanted an explanation why it had failed in its contractual obligation to the users to provide a 'safer, more comfortable and faster highway' in return for the toll paid by the public,

At first, my political secretary was told that PLUS does not have a Chairman, only a Deputy Chairman. Then he was told that the person to contact is the PLUS Managing Director, Amirullah Mayuddin. Then he was told that PLUS was responsible only for collecting tolls, and maintenance questions should be referred to the Malaysian Highway Authority.

I find such attitudes by PLUS most preposterous, and if the Government endorses such preposterous attitude, then the Barisan Nasional Government has become a most preposterous administration.

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Press Statement

by Parliamentary Opposition Leader, DAP Secretary- General and MP for Tanjong, Lim Kit Siang, in Petaling Jaya on Monday, 20th July 1992:

I am not surrendering myself to the police as I am not a fugitive from law

One newspaper in its front-page today carried a report under the heading' Kit Siang serah diri Jumaat ini', which said "Setiausaha Agong OAP, Lim Kit Siang akan menyerah diri kepada Polis Bukit Aman pada 24 Julai ini berhubung keengganannya membayar tol di Lebuh Raya Air Keroh Sebanyak $5.80 baru baru ini." (Utusan Malaysia).

I want to clarify that I am not surrendering myself to the Police on Friday, as I am not a fugitive running away from the law. I will meet the police officers assigned by Bukit Aman to the "5.80 toll" case on Friday and fully co-operate with them.

For the past few days, the Police had been frantically looking for me, and from their urgency, one would have thought that the entire Police force had been put on a 24-hour alert because of some great security emergency the country is facing.

Nobody would believe that this is all because of my citizen protest on lui y 11 when I refused to pay $5.80 toll at Ayer Keroh Toll Plaza because of the breach of contractual obligations by PLUS to provide a 'safer, more comfortable and faster highway' in return for collecting toll.

I had been very busy in the last few days travelling around

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the country and I want to make it very clear that I had not been running away from the police, as can be seen by my following programme of activities in the past week:

Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sunday

July 12 - Malacca July 13 - Penang

July 14 - Kuala Lumpur July 15 - Kota Bahru July 16 - Penang

July 17 - Teluk Intan July 18 - Morib

July 19 - Ulu Tiram, Johore

I had also been trying to reach PLUS officials to find out why it had failed to fulfil its contractual obligation to provide a 'safer, more comfortable and faster highway' as I have said I am prepared to pay the $5.80 toll if PLUS can give a satisfactory explanation of the North-South Highway Crawl on July 11 as well as giving an assurance that it would fulfil its contractual obligation to provide a 'safer, more comfortable and faster highway' .

It is most regrettable that up to now, PLUS' attitude is that their only responsibility is to collect toll at the North-South Highway and that they are not responsible for the road conditions or maintenance of the North-South Highway.

My political secretary was told by PLUS that I should contact the Malaysian Highway Authority on this matter.

I reject this most irresponsible attitude by PLUS and demand to meet the top PLUS management for I hold them responsible and accountable to the Malaysian public and in particular to the highway users to give a satisfactory explanation for its failure to provide a 'safer, more comfortable and faster highway'.

In view of the PLUS attitude, I will also seek to meet the

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Malaysian Highway Authority over the North-South Highway Crawl on the Kuala Lumpur-Serernban section.

Police should explain why it is giving top priority to my $5.80 toll citizen protest while it had been dragging its feet on serious crimes.

The Police owe the people a full explanation why it is giving top priority to my $5.80 toll citizen protest while it had been dragging its feet on serious crimes.

For instance, the Police had not acted on the public assault of MAIKA shareholders outside MAIKA Headquarters in Kuala Lumpur on May 13 by MIC thugs led by the Selangor MIC Assemblyman for Seri Cahaya, S. Sivalingam, although more than two months have passed.

Again, the Police had not acted against the' death threat' to the Negri Sembilan MIC State Chairman and State Executive Councillor, Datuk M. Muthupalaniappan on June 16, although the Police knew the identity of the person who gave the death threat with the words: "I'll kill you physically. All I need is a bullet. I have the money and the means." Furthermore, this death threat was given in the presence of two witnesses, whose identities are fully known to the police.

Can the police explain why they regard my $5.80 toll citizen protest as more urgent and more important than these two cases?

Can the Cabinet explain why it had never scheduled a special Cabinet meeting on such criminal actions and conduct by top Barisan Nasional leaders at both the Federal and state government levels?

Of course, it is understandable if PLUS regards my refusal to pay $5.80 toll as the No. One problem, but why should the Police have the same thinking as PLUS unless the Police are

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paid by PLUS and not by the taxpayers.

The police should explain whether it applies double standards, where there is one yardstick for Barisan Nasional leaders and a different yardstick for the DAP. Is the police role to condone all the crimes committed by Barisan Nasional leaders and to harass and persecute DAP leaders who have committed no crimes?

Why are Anwar Ibrahim and Lee Kim Sai competing with Leo Moggie and Ling Liong Sik to champion PLUS while no Cabinet Minister is championing the highway users except the DAP?

In today's press, two more Ministers, the Finance Minister, Datuk Seri Anwar Ibrahim and the Health Minister, Datuk Lee Kim Sai, have come out attacking my citizen protest in refusing to pay $5.80 toll.

I want to ask Anwar and Lee Kim Sai why they are competing with the Minister for Works, Leo Moggle and the MCA President and Transport Minister, Datuk Dr. Ling Liong Sik, to champion PLUS while no Cabinet Minister has to date come out to champion the highway users. Only the DAP has championed the highway users against PLUS.

Everybody knows that PLUS is a very powerful company, both politically and financially, and even Cabinet Ministers are afraid of PLUS.

I will summon Anwar Ibrahim as my witness if I am prosecuted for refusing to pay $5.80 toll at the Ayer Keroh Toll Plaza

Anwar said in Bagan Serai yesterday that he, too, went to Malacca on the same day that I made the citizen protest in refusing to pay $5.80 toll, and that his arrival was delayed by an accident.

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Anwar said: "But I paid the toll as a responsible citizen."

I am glad that Anwar had admitted that he was a victim of the North-South Highway Crawl on July 11, and I propose to

summon Anwar Ibrahim as my witness if I should be prosecuted in court for my refusal to pay the $5.80 toll at Ayer Keroh Toll Plaza.

If I have no respect for the law, I would have followed Kim Sai's example and run away to Australia to hide for a few months

Lee Kim Sai attacked me for having 'no respect for the law' in refusing to pay $5.80 toll.

From the barrage of Ministerial attacks on me, one would have thought that I was trying to swindle $5.8 million or $58 million public funds. The sad fact is that no UMNO or MCA Ministers had ever been upset over corruption or financial scandals involving hundreds of millions or even billions of ringgit of public money - but they can all get into frenzy over my $5.80 toll citizen protest.

Let me tell Kim Sai that if I have no respect for the law, then I would have followed his example in 1987 and run away to Australia and hide away for a few months.

This was what Kim Sai did when under Operation Lalang in 1987, he heard that he was to be detained under the Internal Security Act. If Kim Sai had such a great respect for the law, he would have stayed behind in the country to be detained under the ISA, which was what all DAP leaders did.

In fact in 1969, I deliberately returned to Kuala Lumpur although I was advised to stay away from the country for a period as I was on the 'wanted' list, and that was when I was detained for the first time under the Internal Security Act.

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Does Lee Kim Sai understand such' respect for the law'?

If I had no respect for the law, I would have driven away from the Ayer Keroh Toll Plaza on July II, and PLUS would have no way to find out who had evaded the payment of $5.80 toll. Instead, I stopped outside the Ayer Keroh Toll Plaza office to demand to speak to any high-level PLUS official available, whether in person or by phone, to demand an explanation for the North-South Highway Crawl.

DAP leaders are law-abiding citizens, but we are prepared to challenge unfair and unjust laws which help powerful vested interests to oppress the ordinary people in the country.

It is clear that the Kuala Trengganu Cabinet meeting last Wednesday which had a special session on my refusal to pay $5.80 toll had also decided to direct all Cabinet Ministers to launch a propaganda offensive against me over the $5.80 toll citizen protest.

Call on Mahathir and the entire Cabinet to explain why they regard my citizen protest in refusing to pay $5.80 toll to PLUS as even more serious than the $130 million MAIKA Telekorn shares hijacking scandal

It is really preposterous that the Cabinet had a special discussion on my "5.80 toll citizen protest" in the Cabinet meeting in Kuala Trengganu last Wednesday, and directing that action be taken to prosecute me.

Can the Prime Minister, Datuk Seri Dr. Mahathir Mohamed, the Finance Minister, Datuk Seri Anwar Ibrahim and the entire Cabinet explain why they regard my citizen protest in refusing to pay $5.80 toll to PLUS at the Ayer Keroh Toll Plaza on 11th July 1992 for its failure to provide 'a safer, more comfortable and faster highway' as the No. One problem in the country - even bigger than the $130 million MAIKA Telekom shares hijacking scandal?

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The Cabinet had to schedule a special discussion to discuss my $5.80 toll citizen protest, when it had never discussed the $130 million MAIKA Telekom shares hijacking scandal in the past three months!

The people, and in particular the highway users, have a right to ask: Is the Barisan N asional Government a government for the people to protect their rights or interests, or has it become a government for vested interests like PLUS, to protect their rights and interests.

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Press Statement

by Parliamentary Opposition Leader, DAP Secretary- General and MP for Tanjung, Lim Kit Siang, in Penang on Wednesday, July 22, 1992:

Leo Moggie is notfit to be Minister for Works if he does not understand that I was not demanding for special privileges to be exempted from toll

I used to have quite a high opinion of the Minister for Works, Datuk Leo Moggie. I am however beginning to have second thoughts after his various statements on my "$5.80 toll" case yesterday.

I want to tell Leo Moggie that he is not fit to be Minister for Works if he does not understand that my refusal to pay $5.80 toll at the Ayer Keroh Toll Plaza on July 11 was not because I wanted to get special privileges to be exempted from toll, but to protest against the breach of contractual terms by PLUS to provide a 'safer, more comfortable and faster highway' .

The North-South Highway commuters must be astounded that up to date, Leo Moggie has nothing to say about the abject failure of PLUS to fulfil its contractual terms to provide a 'safer, more comfortable and faster highway', to the extent of creating the North- South Highway Crawl between the Kuala Lumpur-Seremban section.

In contrast, Leo Moggie had been championing the right of PLUS to raise its toll rate by 50 per cent beginning next year.

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If not for Cabinet directive Zaman Khan would not have referred the matter to the Attorney-General even before completion of investigation papers

Leo Moggie's denial that the Cabinet had interfered and directed the Attorney-General and the Police over the "$5.80 toll" case is also very weak and unconvincing.

How can Leo Moggie deny the undeniable? On Wednesday, 15th July, 1992, the Cabinet met at Kuala Trengganu and had a special discussion on my "$5,80 toll" case, directing all relevant authorities to take firm action.

The very next day, the CID Director, Datuk Zaman Khan, announced that he had referred my "$5.80 toll" case to the Attorney- General even before the completion of investigation papers?

Would Zaman Khan behave in this manner if there is no interference and directive from the Cabinet on this matter, to the extent that during the last weekend, the police officers assigned to the case were frantically looking for me throughout the country?

As I was not a fugitive from law, I gave the police an appointment to meet me at the 'nAP Headquarters in Petaling Jaya on Friday, 24th July 1992 at 9.30 a.m.

I am now considering postponing this police appointment

-on Friday, as I am now very busy studying the ramifications and implications of .the production by the DAP Deputy National Chairman and.Ml' for Jelutong, Sdr.' Karpal Singh, of a Vijandran pornographic videotape in Parliament on Monday.

DAP demands that the privatisation contract awarded by Government to PLUS should be made public

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Leo Moggie claimed that PLUS is fully within its rights under the privatisation contract to raise its toll rates by SO per cent next year.

Leo Moggie must satisfy and convince Malaysians that PLUS has such rights, and for this reason, DAP calls on Leo Moggie to make public the entire privatisation contract given by the Goverment to PLUS as the franchise operator of the North-South Highway.

The public have a right to know whether under such a privatisation contract, the Government had looked after the interests of the public or had mortgaged away the rights of this generation of Malaysians as well as future generations.

One other reason why the DAP is demanding that the Government should make public its privatisation contract to PLUS is that the 50 per cent increase in toll rate by PLUS from next year is in total violation of the assurance given to DAP MPs by the then Works Minister, Datuk Samy Vellu, that there would be no toll rate increase for motorists until 1994, and any such increase would be linked to inflation.

Unless Leo Moggie argues that the inflationary rate in Malaysia has reached 50 per cent, there is no justification for the 50 per cent increase in North-South Highway toll rate from next year onwards.

Malaysians find it completely unacceptable that PLUS is given the franchise to collect toll without any reciprocal responsibility to ensure that it provides a 'safer, more comfortable and faster highway'.

PLUS officials had declined to see me on the ground that their responsibility is only to collect tolls and they referred me to the Malaysian Highway Authority as being responsible for highway maintenance. The Malaysian Highway Authority officials have also declined to meet me on the ground that the

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