FW: bts – Whither Malaysia’s NEP?


Follow-up…

Regards
Ian

—–Original Message—–
From: Ian Teh [mailto:ian@sharrockpitman.com.au]
Sent: Monday, 13 February 2006 4:54 PM
To: ‘ ‘
Subject: RE: bts – Whither Malaysia’s NEP?

Like my irritating English graduate friends like to say: “NUFF SAID”

Come and join us here la

Regards
Ian

—–Original Message—–
From:
Sent: Monday, 13 February 2006 4:50 PM
To: Ian Teh
Subject: RE: bts – Whither Malaysia’s NEP?

My son recently managed to move from High School (the school he was
allocated after Standard 6) to Kwang Hua. He was adamant in getting the
move as he just cudnt understand what the teachers there (in High
School) were trying to impose on them (non-muslims) ie mumbling and
reciting certain quotes from the quran at every start of a class. He
felt it and raised a lot of issues with both us (wifey and I)…….

The “Malay Agenda” is more rampant and loud these days!!!!! I don’t know
how long I can ignore them.

—–Original Message—–
From: Ian Teh [mailto:ian@sharrockpitman.com.au]
Sent: Monday, February 13, 2006 2:15 PM
To:
Subject: RE: bts – Whither Malaysia’s NEP?

The topic below is on wealth distribution. Sure, NEP had some social
agenda
behind it (or some pretext of it anyway) but that agenda can no longer
support the rationale for NEP. If anything, NEP must be seen as a
failure if
it is still needed as a core policy to distribute wealth across races,
after
more than 35 years.

Apart from wealth distribution, there are other discriminatory policies
and
decisions. All these are brought about by a bloody mindedness which say
whatever the issue, bumis must have the first pick. I am reminded of an
argument I had in a car park in BBK. I had just parked my car in front
of
some shops in BBK when a Malay guy came up and insisted he saw that spot
first. I was sure I was much nearer and signalled first. When he started
being unruly, I told him there was no bumi quota for car parks and he
can go
hang.

We see bumi preferences in education, jobs, promotions, housing
allocation,
house pricing, licences, permits, and every other aspects of life. So
much
so that the chinamen neighbours of ours (or in my case, ex-neighbours)
in
Berkeley Garden were sure police didn’t care about crime rates there
because
it was a Chinese area. These bumi preferences have so deeply permeated
each
of those areas it is unbelievable. Again in BBK, there was this cendol
seller who sold fantastic stuff. We used to buy from him on Sunday
afternoons. His cart was just outside Maybank in BBK, and he knew his
stall
was illegal, even as he expanded and put up more chairs and tables. When
I
asked him if he had trouble from the MPK, he said no. He said he was a
Malay
and that should be alright.

I don’t know how anyone can justify these other discriminatory acts.
Certainly I am confident the panellist cant.

Regards
Ian

—–Original Message—–
From:
Sent: Monday, 13 February 2006 3:00 PM
Subject: bts – Whither Malaysia’s NEP?

http://business-times.asia1.com.sg/sub/premiumstory/0,4574,185761,00.htm
l?

Whither Malaysia’s NEP?
Published February 11, 2006

OVERVIEW

MALAYSIA’S New Economic Policy (NEP) has been its over-riding economic
ideology for over three decades. A sweeping affirmative action policy
designed to uplift poorer ethnic Malays, who form the majority (62 per
cent)
of Malaysia’s 24 million people, into economic parity with their richer
non-Malay countrymen, the policy has been controversial because of its
discriminative features but successful: it’s created a large Malay
middle
class, crucial for stability, and kept the peace in South-east Asia’s
most
multi-racial country.

Over the years, the policy has evolved but its key feature – growth with
mandated redistribution – remains. How will, or should, it mutate going
forward?

PARTICIPANTS in the roundtable

Moderator: S Jayasankaran, KL Correspondent for BT

Panelists:

– Ramon Navaratnam, former top civil servant and chairman of
Public Policy Studies, an affiliate of ALI, a think tank
– Zainal Aznam Yusoff, adviser, the National Economic Action Council
– Ridzuan Halim, lawyer and newspaper columnist
– Tan Teng Boo, chief executive, I Capital
– Fui K Soong, deputy director, Insaf, a think tank

S Jayasankaran: Dr Zainal, maybe you can start off by summarising the
results – its successes and failures – of the New Economic Policy over
the
last 35 years.

Zainal Aznam: The policy has wonderful catchphrases. The eradication of
poverty, irrespective of race and the restructuring of society to remove
identification of race with economic function.

On poverty eradication, nobody disputes that it’s been a phenomenal
success.
>From 50 per cent odd of households below the poverty line in 1971, it’s
gone
down to 5.1 per cent. There are still some warts and it’s got to do with
the
eradication of absolute, hard core poverty. The second prong of the
policy
has been contentious – the target of 30 per cent of wealth which got
translated into 30 per cent of share capital.

All the controversy has revolved around this figure. Then the concept of
a
Bumiputra Commercial and Industrial Community, a capitalist middle class
if
you like, got wedded to this idea. But the point here is that the
discussion, the controversy, was zeroed in on the 30 per cent.

There was also the employment side, to restructure society so that
employment would reflect the racial composition of the population.
That’s
dynamic in the sense that the population, the demographics, keep
changing.
That’s been a partial success.

On the equity side, it’s been mixed. It’s around 18-19 per cent now.
What
happened? It’s due, ironically, to the success of the non-Malays. The
Chinese and Indians over-achieved, they got about 45-46 per cent while
the
Bumiputras under-achieved. If you remember, the original target was
30:40:30
for Bumi-non-Bumi and foreigner respectively.

Ramon Navaratnam: The NEP was the right thing after May 13, 1969 to
bring
political and social stability to the country. But what’s gone wrong is
that
it may be bringing about disharmony. Racial polarisation today is worse
than
it ever was. Why? We forgot that our main emphasis should have been on
poverty eradication. To my mind, the NEP was hijacked by some vested
interests to focus on the 30 per cent targets at the expense of poverty
eradication. We say we’ve eradicated poverty substantially. Is that
right?
The poverty line here is RM592 a month for a family of five. How do you
survive on that? If you compare us to Third World countries, we are
outstanding. But do we want to do that?

It’s such a pity that 90 per cent of our attention has gone to the 30
per
cent target. If it had all gone to the state trust agencies like
Permodalan
Nasional Bhd or Tabung Haji, I think that the 30 per cent target would
have
been reached long ago.

The official figure is now 19 per cent which is arguable. If you take
government linked companies, property ownership, etc, add it all up, I
suspect Bumi equity may be near 50 per cent. To harken back to this 19
per
cent will cause injustice and I suspect domestic and foreign investors
are
not going to buy it any more.

Ridzuan Halim: The economy is so very different now. In 1969, the share
capital was RM4.7 billion versus over RM700 billion now. The population
was
11 million to 25 million now. Gross domestic product was RM11.5 billion
compared to RM400 billion last year.

Events conspire to affect us in one way or another. Computerisation, the
1997 crisis, the rise of China and India, immigrant labour – all these
events have affected the NEP in ways we don’t really know. We should.

I believe very much in the power of compounding. It explains much about
the
steady increase in Chinese wealth. The Chinese had wealth before and it
compounded over time. It explains why the Malays were hit
disproportionately
hard after the Asian crisis.

On concessions and awards, a lot of mistakes have been made. Take the
case
of Indah Water (a concession for national sanitation), or Fomema
(immigrant
labour medical check-ups), the Approved Permits (licences for the import
of
cars). Having said that, some of the concessions to non-Malays are
automatic
money machines. I refer principally to gambling. The concessions to the
Malays, in contrast, aren’t that lucrative and are more capital
intensive.

Fuel subsidies are another serious problem. Almost a quarter of our
RM100
billion in oil revenue goes towards subsidising fuel and diesel prices.
I
consider this to be a major mismanagement of resources, money that could
be
better spent elsewhere, on education especially.

There are also inherent weaknesses in the Malay community that should be
addressed. There should be social reform, a revamp of inheritance laws,
perhaps a lessening in the over-concentration on religious education,
even
wealth management schooling. The Chinese are far better at managing
things
like wealth preservation. The Asian crisis showed that clearly. And I
agree
with Tan Sri Ramon’s view that equity should perhaps have been given to
the
trust agencies rather than individuals, some of whom have let the
country
down badly. You know, the CBTs, the squandering that has taken place . .
.

Tan Teng Boo: The NEP has succeeded in many ways. The earnings gap
between
the Chinese and the Malays has narrowed considerably. It used to be over
two
times, now it’s over one. Employment progress, especially in the
creation of
professionals, has been remarkable.

But the obsession with ownership and control is self defeating. Take the
case of MMC Corporation. Twenty-five years ago, the government acquired
it
from its foreign owners. It was then the world’s largest tin mining
company.
Now it has no mining operations to speak of. On hindsight, we could have
used the money to set up a mining institute to train professionals to
run
mines in Australia and China.

Here control remains an obsession. We talk of Malay SMEs and Chinese
SMEs
but never about Malaysian SMEs. It’s a brutally competitive world out
there,
we should be talking about Malaysian companies versus the rest but we
don’t.
And that could be the greatest tragedy of the NEP.

Fui K Soong: The times have changed. In the 1970s we were one of the
first
few economies that hit on export-led growth. Now everyone is doing it
and we
are no longer competitive in some areas. The world is entering a new
phase
now and it’s all about services. Be it information and communications
technology, biotech, value added manufacturing services – it’s a new
ball
game out there. It doesn’t require much capital, it’s footloose and it
hinges on intellectual property and knowledge. It requires networking.

But here when you ask for 30 per cent, I’m not sure. You can’t divide up
knowledge or people’s brains. Is the NEP still relevant here? I am not
sure
but politically, it sends out the wrong message. It raises all sorts of
fears and uneasiness which we don’t need as the competition is out there
and
not within.

Zainal: Just to touch on Tan Sri Ramon’s point which is a bit
controversial.
There have been attempts to tot up Bumiputra-controlled KLSE stocks and
add
it to government linked companies and then say, as a whole the Bumi
equity
is, let’s say 45 per cent. That is contentious. I don’t know the real
figure
but I suspect it could be slightly higher than the current 19 per cent.

I’d also be careful about attributing cause to effect. There is a
tendency
to get carried away and you get a situation where three quarters of our
problems are due to the NEP. That’s not quite correct or fair.

I would agree with Ms Fui that the direction of global growth has
changed.
But I would hesitate to agree when she says that because of the unique
nature of services it does not make sense to talk about equity. In fact,
I’d
take issue with it. If restructuring of society to reduce inequality is
to
be continued, then it should include the services sector as well. There
are
ways to do it; there are tremendous opportunities for restructure.

With things like our commitments to the World Trade Organisation, I’d
agree
that it’s more difficult for Malaysia to pursue NEP-type strategies. But
it’s doable; it’s not impossible, it just becomes more challenging.

Jaya: At a time when Malaysia needs foreign investment, isn’t there a
danger
that a renewed emphasis on restrictive policies like the NEP could repel
investment?

Zainal: That’s an attribution problem again. Capital had already begun
flowing out of South-east Asia by the late 1990s. Singapore, Thailand,
they
don’t have an NEP, but all these countries suffered investment falls.
And
even when China was sucking up all that capital, Malaysia was
liberalising.
Under (Prime Minister) Mahathir, a lot of NEP type things were put on
hold
and even then we could not attract capital.

There are some people on the fringes of the Malay right who say we
should
re-instate the old style restructuring policies under the Industrial
Co-ordination Act. But the majority says no, we can’t do that because
things
have changed.

But there is room to manoeuvre. Even with WTO, there is still room
around
it. There are still chunks of services – professional services, for
example – that we haven’t opened up. We aren’t a signatory to opening up
government procurement either. What I am assaying is that despite WTO,
despite liberalisation, there is still room to manoeuvre, refine and
revise
a (NEP style) policy in an efficient manner.

Ridzuan: On globalisation, it seems to benefit the non-Malays more and
that
is because of the rise of China and India, and the Chinese diaspora in
South-east Asia. This is not meant to denigrate, all credit to them as a
matter of fact. But it’s a reality that the Malays must face, which is
why
it’s vital they master English, even more than the non-Malays.

About the civil service – if they don’t buck up, it’s not just in the
implementation of the new economic policy or whatever I am worried
about,
it’s the entire nation’s future.

Tan: The key strategy going forward has to be ‘a rising tide lifts all
ships’.

Zainal (interrupts): But the leaking ship sinks.

Tan: We can go back to those days of 8 per cent growth with the right
polices. It doesn’t matter if the key industries are services,
manufacturing
or even agriculture, the main policies have to stress productivity
efficiency and competitiveness. Our growth now is nothing much. Given
that
the labour force is growing around 2 per cent, 5 per cent growth is
really
nothing to be proud about. And I feel that these five-year plans should
be
junked. It’s outdated, archaic and only exists in command economies.

Navaratnam: I feel we agree on some issues. One, there must be growth.
Two,
it seems to me that the policy must continue but it needs to be modified
to
suit the times, it has to inspire confidence and, three, we don’t need
the
rentier class and rent seeking economic behaviour. Speaking for myself,
I’d
like to see an emphasis on a ‘Malaysian’ agenda and not just a ‘Malay’
agenda.

The new policy should attempt to reduce inequality by targeting poverty
eradication and Malay equity allocations may be better served by
parceling t
hem out to the trust agencies.

KEY POINTS

– Economic growth has to be paramount.

– Rent seeking behaviour has to be eliminated.

– The policy’s broad aims, especially poverty eradication, have to be
continued but it has to be modified to suit the times.

– Equity allocations, awards, should go to trust agencies rather than
individuals.
____

FW: bts – Whither Malaysia’s NEP?


I had this exchange with an old friend recently – obviously (and thankfully)
he has some sympathies for my views, which I have been sharing with him for
years.

Regards
Ian

—–Original Message—–
From: Ian Teh [mailto:ian@sharrockpitman.com.au]
Sent: Monday, 13 February 2006 4:15 PM
To: ‘ ‘
Subject: RE: bts – Whither Malaysia’s NEP?

The topic below is on wealth distribution. Sure, NEP had some social agenda
behind it (or some pretext of it anyway) but that agenda can no longer
support the rationale for NEP. If anything, NEP must be seen as a failure if
it is still needed as a core policy to distribute wealth across races, after
more than 35 years.

Apart from wealth distribution, there are other discriminatory policies and
decisions. All these are brought about by a bloody mindedness which say
whatever the issue, bumis must have the first pick. I am reminded of an
argument I had in a car park in BBK. I had just parked my car in front of
some shops in BBK when a Malay guy came up and insisted he saw that spot
first. I was sure I was much nearer and signalled first. When he started
being unruly, I told him there was no bumi quota for car parks and he can go
hang.

We see bumi preferences in education, jobs, promotions, housing allocation,
house pricing, licences, permits, and every other aspects of life. So much
so that the chinamen neighbours of ours (or in my case, ex-neighbours) in
Berkeley Garden were sure police didn’t care about crime rates there because
it was a Chinese area. These bumi preferences have so deeply permeated each
of those areas it is unbelievable. Again in BBK, there was this cendol
seller who sold fantastic stuff. We used to buy from him on Sunday
afternoons. His cart was just outside Maybank in BBK, and he knew his stall
was illegal, even as he expanded and put up more chairs and tables. When I
asked him if he had trouble from the MPK, he said no. He said he was a Malay
and that should be alright.

I don’t know how anyone can justify these other discriminatory acts.
Certainly I am confident the panellist cant.

Regards
Ian

—–Original Message—–
From:
Sent: Monday, 13 February 2006 3:00 PM
Subject: bts – Whither Malaysia’s NEP?

http://business-times.asia1.com.sg/sub/premiumstory/0,4574,185761,00.htm
l?

Whither Malaysia’s NEP?
Published February 11, 2006

OVERVIEW

MALAYSIA’S New Economic Policy (NEP) has been its over-riding economic
ideology for over three decades. A sweeping affirmative action policy
designed to uplift poorer ethnic Malays, who form the majority (62 per
cent)
of Malaysia’s 24 million people, into economic parity with their richer
non-Malay countrymen, the policy has been controversial because of its
discriminative features but successful: it’s created a large Malay
middle
class, crucial for stability, and kept the peace in South-east Asia’s
most
multi-racial country.

Over the years, the policy has evolved but its key feature – growth with
mandated redistribution – remains. How will, or should, it mutate going
forward?

PARTICIPANTS in the roundtable

Moderator: S Jayasankaran, KL Correspondent for BT

Panelists:

– Ramon Navaratnam, former top civil servant and chairman of
Public Policy Studies, an affiliate of ALI, a think tank
– Zainal Aznam Yusoff, adviser, the National Economic Action Council
– Ridzuan Halim, lawyer and newspaper columnist
– Tan Teng Boo, chief executive, I Capital
– Fui K Soong, deputy director, Insaf, a think tank

S Jayasankaran: Dr Zainal, maybe you can start off by summarising the
results – its successes and failures – of the New Economic Policy over
the
last 35 years.

Zainal Aznam: The policy has wonderful catchphrases. The eradication of
poverty, irrespective of race and the restructuring of society to remove
identification of race with economic function.

On poverty eradication, nobody disputes that it’s been a phenomenal
success.
>From 50 per cent odd of households below the poverty line in 1971, it’s
gone
down to 5.1 per cent. There are still some warts and it’s got to do with
the
eradication of absolute, hard core poverty. The second prong of the
policy
has been contentious – the target of 30 per cent of wealth which got
translated into 30 per cent of share capital.

All the controversy has revolved around this figure. Then the concept of
a
Bumiputra Commercial and Industrial Community, a capitalist middle class
if
you like, got wedded to this idea. But the point here is that the
discussion, the controversy, was zeroed in on the 30 per cent.

There was also the employment side, to restructure society so that
employment would reflect the racial composition of the population.
That’s
dynamic in the sense that the population, the demographics, keep
changing.
That’s been a partial success.

On the equity side, it’s been mixed. It’s around 18-19 per cent now.
What
happened? It’s due, ironically, to the success of the non-Malays. The
Chinese and Indians over-achieved, they got about 45-46 per cent while
the
Bumiputras under-achieved. If you remember, the original target was
30:40:30
for Bumi-non-Bumi and foreigner respectively.

Ramon Navaratnam: The NEP was the right thing after May 13, 1969 to
bring
political and social stability to the country. But what’s gone wrong is
that
it may be bringing about disharmony. Racial polarisation today is worse
than
it ever was. Why? We forgot that our main emphasis should have been on
poverty eradication. To my mind, the NEP was hijacked by some vested
interests to focus on the 30 per cent targets at the expense of poverty
eradication. We say we’ve eradicated poverty substantially. Is that
right?
The poverty line here is RM592 a month for a family of five. How do you
survive on that? If you compare us to Third World countries, we are
outstanding. But do we want to do that?

It’s such a pity that 90 per cent of our attention has gone to the 30
per
cent target. If it had all gone to the state trust agencies like
Permodalan
Nasional Bhd or Tabung Haji, I think that the 30 per cent target would
have
been reached long ago.

The official figure is now 19 per cent which is arguable. If you take
government linked companies, property ownership, etc, add it all up, I
suspect Bumi equity may be near 50 per cent. To harken back to this 19
per
cent will cause injustice and I suspect domestic and foreign investors
are
not going to buy it any more.

Ridzuan Halim: The economy is so very different now. In 1969, the share
capital was RM4.7 billion versus over RM700 billion now. The population
was
11 million to 25 million now. Gross domestic product was RM11.5 billion
compared to RM400 billion last year.

Events conspire to affect us in one way or another. Computerisation, the
1997 crisis, the rise of China and India, immigrant labour – all these
events have affected the NEP in ways we don’t really know. We should.

I believe very much in the power of compounding. It explains much about
the
steady increase in Chinese wealth. The Chinese had wealth before and it
compounded over time. It explains why the Malays were hit
disproportionately
hard after the Asian crisis.

On concessions and awards, a lot of mistakes have been made. Take the
case
of Indah Water (a concession for national sanitation), or Fomema
(immigrant
labour medical check-ups), the Approved Permits (licences for the import
of
cars). Having said that, some of the concessions to non-Malays are
automatic
money machines. I refer principally to gambling. The concessions to the
Malays, in contrast, aren’t that lucrative and are more capital
intensive.

Fuel subsidies are another serious problem. Almost a quarter of our
RM100
billion in oil revenue goes towards subsidising fuel and diesel prices.
I
consider this to be a major mismanagement of resources, money that could
be
better spent elsewhere, on education especially.

There are also inherent weaknesses in the Malay community that should be
addressed. There should be social reform, a revamp of inheritance laws,
perhaps a lessening in the over-concentration on religious education,
even
wealth management schooling. The Chinese are far better at managing
things
like wealth preservation. The Asian crisis showed that clearly. And I
agree
with Tan Sri Ramon’s view that equity should perhaps have been given to
the
trust agencies rather than individuals, some of whom have let the
country
down badly. You know, the CBTs, the squandering that has taken place . .
.

Tan Teng Boo: The NEP has succeeded in many ways. The earnings gap
between
the Chinese and the Malays has narrowed considerably. It used to be over
two
times, now it’s over one. Employment progress, especially in the
creation of
professionals, has been remarkable.

But the obsession with ownership and control is self defeating. Take the
case of MMC Corporation. Twenty-five years ago, the government acquired
it
from its foreign owners. It was then the world’s largest tin mining
company.
Now it has no mining operations to speak of. On hindsight, we could have
used the money to set up a mining institute to train professionals to
run
mines in Australia and China.

Here control remains an obsession. We talk of Malay SMEs and Chinese
SMEs
but never about Malaysian SMEs. It’s a brutally competitive world out
there,
we should be talking about Malaysian companies versus the rest but we
don’t.
And that could be the greatest tragedy of the NEP.

Fui K Soong: The times have changed. In the 1970s we were one of the
first
few economies that hit on export-led growth. Now everyone is doing it
and we
are no longer competitive in some areas. The world is entering a new
phase
now and it’s all about services. Be it information and communications
technology, biotech, value added manufacturing services – it’s a new
ball
game out there. It doesn’t require much capital, it’s footloose and it
hinges on intellectual property and knowledge. It requires networking.

But here when you ask for 30 per cent, I’m not sure. You can’t divide up
knowledge or people’s brains. Is the NEP still relevant here? I am not
sure
but politically, it sends out the wrong message. It raises all sorts of
fears and uneasiness which we don’t need as the competition is out there
and
not within.

Zainal: Just to touch on Tan Sri Ramon’s point which is a bit
controversial.
There have been attempts to tot up Bumiputra-controlled KLSE stocks and
add
it to government linked companies and then say, as a whole the Bumi
equity
is, let’s say 45 per cent. That is contentious. I don’t know the real
figure
but I suspect it could be slightly higher than the current 19 per cent.

I’d also be careful about attributing cause to effect. There is a
tendency
to get carried away and you get a situation where three quarters of our
problems are due to the NEP. That’s not quite correct or fair.

I would agree with Ms Fui that the direction of global growth has
changed.
But I would hesitate to agree when she says that because of the unique
nature of services it does not make sense to talk about equity. In fact,
I’d
take issue with it. If restructuring of society to reduce inequality is
to
be continued, then it should include the services sector as well. There
are
ways to do it; there are tremendous opportunities for restructure.

With things like our commitments to the World Trade Organisation, I’d
agree
that it’s more difficult for Malaysia to pursue NEP-type strategies. But
it’s doable; it’s not impossible, it just becomes more challenging.

Jaya: At a time when Malaysia needs foreign investment, isn’t there a
danger
that a renewed emphasis on restrictive policies like the NEP could repel
investment?

Zainal: That’s an attribution problem again. Capital had already begun
flowing out of South-east Asia by the late 1990s. Singapore, Thailand,
they
don’t have an NEP, but all these countries suffered investment falls.
And
even when China was sucking up all that capital, Malaysia was
liberalising.
Under (Prime Minister) Mahathir, a lot of NEP type things were put on
hold
and even then we could not attract capital.

There are some people on the fringes of the Malay right who say we
should
re-instate the old style restructuring policies under the Industrial
Co-ordination Act. But the majority says no, we can’t do that because
things
have changed.

But there is room to manoeuvre. Even with WTO, there is still room
around
it. There are still chunks of services – professional services, for
example – that we haven’t opened up. We aren’t a signatory to opening up
government procurement either. What I am assaying is that despite WTO,
despite liberalisation, there is still room to manoeuvre, refine and
revise
a (NEP style) policy in an efficient manner.

Ridzuan: On globalisation, it seems to benefit the non-Malays more and
that
is because of the rise of China and India, and the Chinese diaspora in
South-east Asia. This is not meant to denigrate, all credit to them as a
matter of fact. But it’s a reality that the Malays must face, which is
why
it’s vital they master English, even more than the non-Malays.

About the civil service – if they don’t buck up, it’s not just in the
implementation of the new economic policy or whatever I am worried
about,
it’s the entire nation’s future.

Tan: The key strategy going forward has to be ‘a rising tide lifts all
ships’.

Zainal (interrupts): But the leaking ship sinks.

Tan: We can go back to those days of 8 per cent growth with the right
polices. It doesn’t matter if the key industries are services,
manufacturing
or even agriculture, the main policies have to stress productivity
efficiency and competitiveness. Our growth now is nothing much. Given
that
the labour force is growing around 2 per cent, 5 per cent growth is
really
nothing to be proud about. And I feel that these five-year plans should
be
junked. It’s outdated, archaic and only exists in command economies.

Navaratnam: I feel we agree on some issues. One, there must be growth.
Two,
it seems to me that the policy must continue but it needs to be modified
to
suit the times, it has to inspire confidence and, three, we don’t need
the
rentier class and rent seeking economic behaviour. Speaking for myself,
I’d
like to see an emphasis on a ‘Malaysian’ agenda and not just a ‘Malay’
agenda.

The new policy should attempt to reduce inequality by targeting poverty
eradication and Malay equity allocations may be better served by
parceling t
hem out to the trust agencies.

KEY POINTS

– Economic growth has to be paramount.

– Rent seeking behaviour has to be eliminated.

– The policy’s broad aims, especially poverty eradication, have to be
continued but it has to be modified to suit the times.

– Equity allocations, awards, should go to trust agencies rather than
individuals.
____

See You In Court? (Preferably Not)


I was called to the Malaysian Bar in 1991. That was 15 years ago. I left Malaysia in October 2004, having been a lawyer there for almost 14 years.

In all that time I probably drew up no more than 10 pleadings, almost all of which were done when I was a pupil-in-chambers. In contrast I have probably drawn up over a couple of thousands of agreements, contracts, deed and such other documents.

Again in contrast, I have in the past 11 months or so, drawn up more than 10 pleadings, a couple of which lead to settlements. The rest are making their way through the courts so none have gone to trial.

I often tell kiddo that anyone can like most things if adequate time and effort are expended. Learn how to do something properly and you will enjoy doing it. Yet when it comes to litigation, I’m not so sure. Maybe it is so tedious getting it right. The myriad of rules, regulations and practice notes, norms, usages, traditions, done-things, not-done things, lingo – they all connive to make it off-putting. It takes a brave person, having tasted the relatively serene field of corporate and banking practice, to say he or she would take litigation on.

I’m not a brave person. I also often think I’m at that stage in life where my energy is more efficiently applied in utilising skills acquired, instead of acquiring new skills. I’m not averse to learning new things; I just prefer honing what I already know. Learning is still required – one never stops – I just prefer to learn for example, poetry instead of Greek. Poetry would be to revert to a corporate practice, preferably within an in-house context. Litigation is Greek to me.

Yet, having recently become more accustomed to letting God lead the way, I have to trust the present odyssey is what He has planned for me. It may be just like Jason’s quest for the Golden Fleece, fraught with danger and pain, but it is a journey I will have to take with gusto maybe even as one of the Argonauts. Who knows – 15 years later I may look back and recall the genesis of me the litigator. Truth is: it is probably closer to the sure demise of the corporate lawyer!

Pipes of Peace


This morning I was in the gym so I picked up a copy of The Age newspaper (the gym has been giving out free copies for a few months now). I turned to the editorial to find out what the stand of the paper was regarding the recent cartoon rage. Just in case you have been away from Planet Earth for the past few days, a newspaper in Denmark known as the Jyllands-Posten had, back in September 2005, published cartoons depicting the Prophet Mohammad in various caricatures, mainly as a terrorist or even the patron saint of terrorists. There were pockets of protests then but when these cartoons were re-published first in Norway then in other European countries, the protests escalated. The Age editorial sounded very measured and reasonable. It wasn’t going to publish the cartoons. It asserted the freedom to publish them but said it exercised such freedom against doing so.

The reason many papers decided to publish them is precisely because they have been threatened against doing so. It sounds like such threats demanded a response to show they have not been cowed. Did The Age cower?

There was then someone on 3AW who riled against The Age. He obviously thought they were cowed. He pointed out that the desire to maintain and build good relations across cultures did not prevent them from publishing cartoons which offended other religions and communities in the past. A few listeners then called to point out specific instances when for example, Mother Theresa was ridiculed in a cartoon, and when Jews were similarly ridiculed. Where was The Age’s stance then in so far as good relations across cultures were concerned?

This person then went on to point out that Middle Eastern newspapers have for years published cartoons which ridiculed Judaism, so they had no moral rights to now protest against this otherwise obscure Danish newspaper (Jyllands-Posten).

I sincerely believe there are times when rights and principals have to be put aside. It is all relative of course. Issues such as whether these are fundamental rights and principals, and whether the particular instances requiring temporary shelving of these rights and principals are instances going to the heart of their exercise.

When one is confronted with threats against life itself, can the right to free speech not be defended by acts which do not further provoke the source of the threat? Or must such threats necessarily require the very act which defies them? Can the right to free speech not be defended by acts other than the publication of these cartoons? Is the restraint against publication necessarily a defeat to free speech? Is that necessarily bad?

I am often chastised by my wife for speaking up. Yet in this instance I believe the right to free speech must give way to the priority of reaching out and healing broken relationships. Maybe it is a cultural thing. I cannot see how defending a right such as right to free speech can take precedence over the restoration of harmonious relationships. Maybe some would argue such harmony could not last as long as they are based on threats and the inability to accept the rights of others to make their own choices would make for a one-way and unbalanced relationship. It is therefore important that rights such right to free speech be defended to establish the point that the right to make choices must take precedence in a robust relationship.

The debate has been going on for donkey’s ears and I guess they would go on. My inclination is that given the current fragile state of affairs, compromise is the order of the day. To that end, restrain and a temporary shelving of rights is necessary, perhaps on both sides of the fence. Like the Paul McCartney song said, can we not stop for a moment and smoke the pipes of peace?

MyMerch and Myer Merc


In her work, Theresa has been involved in a project known as MyMerch. I think it is short for Myer Merchandising System or something like that. It is meant to revamp the procurement and purchasing system, I guess.

This afternoon as I took a walk during lunch, I saw this Mercedes Benz Kompressor – maybe an SLK or something. Old model perhaps, possibly 7- 8 years easily. Still, it looked very nice. What made it stand out more was the plate – MYER.

I naturally emailed Theresa of MyMerch, of this car known as Myer Merc. Unlike MyMerch, Myer Merc is not an unwieldy team of fixed-asset type of employees trying to rid the ailing retailing giant of an ancient system. This Myer Merc may not be hot off the oven but it is hot and looked just as slick as any other sports car on the road.

I want to age like that. No, not like Myer, but Myer Merc.

 

Cheap Thing Not Good, Good Thing Not Cheap? Not for Wines


A bottle of 1991 Penfolds Grange was sold, when released, at $65 a bottle. In an auction in 2001, this wine was sold for more than $400 ($422). A 1995 Three Rivers Shiraz 1995 was released for $65 in 1999, and was auctioned in 2001 for $811. These sorts of returns have prompted a client (now deceased) to invest a huge dump in premium wine, which has now hit a major snag. The company making the purchases and managing the storage of the purchased vintages has gone into liquidation (there’s a pun here somewhere, I’m sure) and the liquidators are milking the drops into a drunken stupor (well almost – cant resist that line) in sorting out who owns what. I feel sorry for the client’s widow and every time I work on the matter I wished she would somehow distil the murky barrel to recover the bulk of what her husband put in.

 

What all of this has done for me personally is of course, made me feel absolutely puny as a wine drinker. I hardly spend more than $10 a bottle on my wine, which has now become my grog of choice. On the odd occasion I splurge a little bit and get something between $15 and $20. Sometimes, like during the Chinese New Year celebrations, I go for broke and spend closer to $50, knowing I wont do this again for a long time. By the way, it turned out that the CNY dinner we went to drank mainly beers and whiskies. I had also brought along a 15-year Glenfiddich (single malt, of course), for which I made a lot of friends that night. So the bottle of Annie’s Lane was left untrodden and was brought back home. I now don’t know when I should pop that open. I hate to keep it for the Year of the Pig and find then that Annie’s Lane has turned into Rosemary’s Pit or something like that. Maybe I’d open it for Valentine’s Day and entice Theresa into drinking herself silly.

Anyway, the point of all of this is of course the pained realisation of the vast expanse between my drops and those enjoyed by some people out there. I have of course heard of Penfold’s almighty Grange and Henschke’s Hill of Grace, even when I was buying awful French wines in Malaysia. A client in Malaysia who owns several thousand acres of oil palm plantation once told me about Grange and Hills of Grace which he had while in Sydney and was truly pleased I had heard about these vintages. Every time he mentioned these wines, his eyes lit up and you couldn’t help but be swept by the aura of these labels. I must one day do a wild thing and actually buy a bottle of either of these and compare it to the magical 1982 Margaux I had once in (of all places), Phnom Penh. I was there with a couple of my ex-bosses on a business trip of sorts and a General had hosted us to a dinner where all we were interested in were the boxes of Margaux he had lying on the floor. After drinking a few bottles we were also given a few to take away with us. And, for good measure, some of us had our doors knocked on later that night with offers of vintages of other kinds. Clearly, the general had something in mind.

The Margaux was truly magical and I had often wondered how the Grange or Hill of Grace would line up beside this French aristocrat. But perhaps I must first give Annie’s Lane a little inspection. Actually I had tried it once already, when my boss bought me dinner about 3 weeks ago. He took pity on my temporary bachelorhood and asked me to join him and his wife for dinner. We each had a glass of Annie’s Lane, which he said was one of his favourites. Firstly, I was drinking with the boss. Secondly, it was a single glass and clearly we were there not for the wine. I remember it as a very good wine but unfortunately it wasn’t an unforgettable experience. I must therefore re-acquaint myself with Annie before I venture further.

Contented, I must attempt to be, however. All these are indulgences which should not take any precedence. I must be happy with whatever it is I have been drinking. After all, I have come to recognise very drinkable Clean Skins. I know they are the bane of true wine lovers but you know what they say about wine connoisseurs – the best wine is the one you enjoy the most. For example, I have also discovered some dirt cheap Merlots by Coonawarra or Lindeman which are very drinkable. They all come well under $10 and I would not hesitate serving it to my true mates, as long as they don’t stain our teeth.

 

The Beginning and The End


Beginning and the end. Yesterday (31/1) ushered in the beginning of secondary school (“High School“) for kiddo and the end for our Holden Vectra, which is being traded in today for a Camry.

Kiddo was very nervous in her first day in a much bigger pond, with her now being the small fish. At the end of the first day however, she was much happier, having made a few more new friends as well as renewing her acquaintance with kids from the primary schools. Year 7 (equivalent to Form 1) alone now has over 300 kids. This is the biggest school she has ever been in, having spent her entire school days in Malaysia in relatively tiny Sri Lethia.

Kiddo may have swapped the smaller for the bigger but the Vectra has been swapped for a bigger bod – the Camry feels really big. Posted by Picasa

Sugar!


The last time I got into the gym at 6am was maybe over 6 weeks ago. Since the Christmas break started I have been spoilt rotten. During the 2 week holiday, I woke up no earlier than 8am on most days, and only got into the gym at 9am. Since we went back to work over 3 weeks ago, I only went on Saturday mornings.

I guess a main reason is we have been going to bed later in these warmer days and it is tough getting up early.  

I was beginning to feel more sluggish for all the lack of exercise however and thought I had better resume more “normal” schedules. After all, kiddo has started school again and life has taken on more “normal” cycles again.

I resolutely climbed out of bed at 5.10 this morning, went through my usual routine and pulled into the car park of the gym just before 6. It felt good again to be pounding the treadmill at that hour and though it was short of what I wanted to do, the 45 minute run of just under 9km was enough to soak my singlet in sweat. A 10-15 minute stretch after that ensured a full hour of exercise and it felt rather good.

Problem is: I am now feeling a sudden plunge of energy, even low blood pressure. I guess after almost 6 weeks, the body has gotten used to having left over energy at this hour to plough on. Confronted with a sudden surge of energy use, the surplus is suddenly now a deficit.

Boy, do I need a pick-me-up right now. Actually you know what – I feel like a cold sugar cane juice right at this moment! No? Okay, maybe a quick sweet cup of coffee…

The Cycle Resumes


Kiddo had an early start today. After weeks of sleeping in she had to wake up early again today, and would continue waking up early for the next 6 weeks or so, when school holidays start again for the Commonwealth Games from middle March. She has to wake up even earlier than last year, when school started at 9am. School now starts at 8.30am.

She’s in “High School” now. Secondary school in Malaysia, also known as “Secondary College” here in Mount Waverley but generally known, in everyday conversation, as being in “High School”. She was visibly worried when I dropped her off this morning. Her head was looking down, and I thought I could see the worry on her face. Did I detect a near-tears situation? I thought I did, but I’m sure she would deny it… After dropping her off, I had to work my way through the heavy traffic, first through Stephenson’s Road, then on High Street Road.  I have to work out a way to drop her off without using these roads.

We prayed last night, and did so again this morning. It is always good to pray with her, especially good with Theresa as well. So I thought she would be alright even if she had to fight a few battles to settle into a new world.

She sounded excited a few minutes ago when I rang her. She even sounded disappointed when I said I couldn’t talk for long. She said she has an even larger group of mates now. I suppose she will soon issue a challenge again for her dad to find mates the rate she does.

I guess I miss having close friends. I am not sure now who I consider my good mate, someone I can share a quiet drink with. Theresa is probably my best mate now but kiddo would probably think she does not qualify, even if Theresa did, during those few very hot days last week, drink some of my beer.

I also picked up the new car today – a Camry, which felt awfully big. That was during lunch and about half an hour ago, I saw my boss filling out an order for a new Honda. We had overheard him (one “overhears” his conversation without any efforts – it requires efforts not to hear his conversation, which thankfully I have come to manage reasonably well) talking about the Honda Accord Euro, a few weeks back so my guess is he went for that one. Good choice. Fantastic choice. Frankly however, I had expected him to be a beemer man but I guess like me, cars are not an important thing for him.

Finally, another new start – Li Lin and her family have just moved into their rented home in Glen Waverly and I think Theresa has said we would visit them tonight. Hopefully they settle down soon and we can help them in whichever way possible.

Just like the opening of the legal year, for all things anew, I guess I say: for the grace of God go I, my friend.

 

God and Work


I was on the train to the city this morning, wondering what the occasion was going to be like. There was a breakfast in an Anglican church, followed by a full church service. Unusual for a Monday morning, except this morning’s event was an exclusively legal profession one. It was the Opening of the Legal Year.

For egalitarian and supposedly laid-back Australia, the event was very pompous and highlighted the hierarchical nature of the legal profession. Breakfast was in a high-ceilinged chamber. The menu was Aussie (tomato brioche, bacon and mushrooms) but the atmosphere was almost Victorian in the English sense. After breakfast the lawyers lined up like so: the Victorian Governor, Judges with their associates and staff, retired judges, academicians, QCs’ barristers then finally (someone said the “real lawyers”) the solicitors. All these officers of the court marched in a procession outside the St Paul’s Cathedral on Flinders’ Street before entering the cathedral with quite a bit of pomp.

The cathedral was normal but beautiful. High-ceilinged, with the pipe organs almost hidden away on the front right  corner, rows of stained glass windows lined the high ceilings on either side. The wall behind the altar/front stage had a huge tapestry which draped almost the length of the wall. On the top of this tapestry was a painting of a palm, facing out, on something like a cloud. Above it, from left to right, were the sun, an eye and the moon. The Almighty watching over us day and night? Several more icons made their way down the tapestry. Among them, a “P” and “X” sign on top of each other, was on the left. I think they meant Christ or something. Directly across that on the left: doves on flames. Holy Spirit? Next row down on the left, an opened scroll – the Bible? To the right, a chalice with “IHS” on top. Then a huge cross  in the middle of the tapestry, with “A” on top and “Omega” (Greek letter “O”) at the bottom – Alpha and Omega. Right at the bottom, the last 2 icons. One of them I had seen on the door on the way in – coat of arms for either the Anglican church or St Paul’s or something local, maybe. A key and a sword cross each other, with the crown on top and the southern cross (I think – cant remember, should have brought a camera) on the bottom. The other icon had a fish, almost like a picture of some sushi restaurant, and an anchor over it. Right on top of the tapestry at the top of the wall, were another “A” and “O” combination.

I was soaking it all in, admiring the whole set up but then had to turn my attention to the proceedings. Some traditional hymns were sang, scripture read and prayers made before the sermon was delivered. Half hearted with no follow-through, the Dean was trying to preach of forgiveness and acceptance in the context of the recent changes to the law designed to address terrorist threats but it was a lame attempt. We caught the drift but he should have made his stance and his statement more emphatically. Or maybe he hasn’t had one yet.

At the end of the service the lawyers and participants made their exits in the same way they made their entries – in a hierarchical way. That was when I was struck again by the root of the English courts – it was all part of the Ecclesiastical court. As the lawyers, especially the barristers, were leaving their pews, thy bowed towards the front stage before turning to leave, just as they would in a Court of law. It was like an acknowledgement that this was where the Court of law began – in God’s courts of justice. There were no one in the front, so the bowing was to acknowledge God, I guess?

We all made our way back to the office around 11.30 am and I guess from now on it is “full-on” work wise, having trudged along in a slow start the past few weeks.

I don’t know yet where I will end up this year. I still wonder if I should remain in practice, especially in a suburban practice. Lately however, this has not been an important issue. I guess as long as there is work to be done I will try to do and try to enjoy it as much as possible. KISS principle, long learned but only now putting into practice on a daily, even hourly basis. After all the wise teacher in Ecclesiastes did say that we are to enjoy our lives, enjoy our food and drinks and be glad, then joy will accompany man in all his work all the days God has given him under the sun (Eccl 8:15) and that “whatever your hand finds to do, do it with all your might” (Eccl 9:9).