Sunday, October 25, 2009


25 FEBRUARY 2012

This is a story of blatant cruelty, a callous abuse of power.

This is neither a political nor a religious issue.
This is a vital humanitarian cause.
This is a cry for mercy.



Plato said “the price good men pay for indifference to public affairs is to be ruled by evil men”.  

Barisan Nasional and the aspiring new leaders must realize that elections cannot be won by brash arrogance, malaise, hypocrisy and new fangled web tactics. True leaders must address all aspects of suffering, not by creating diversions with ambiguous issues, the incitement of racial issues and character assassination.

 The GE13 is in the offing. Anybody with a sense of strategy will realize that 241,000 financial captives and their approximate 900,000 dependants (governed by The Official Assignee’s Office)  will NOT support the Barisan Nasional.

The Bankruptcy Ordinance of Malaysia 1967 dictates the adjudication of a 5 year period of bankruptcy. This is negated by a clause that a discharge after the 5 years is “not automatic.

This allows a syndicate/group to sadistically predate upon many of the 241,000 bankrupts.  The syndicate comprises crooked bank officers, court staff and senior staff in the Official Assignees Office. This syndicate touts freedom from bankruptcy, for a starting price of RM 20,000/.

 Currently, those who are unable to meet the demands of the syndicate die a bankrupt, as did my deeply religious father, who was deprived a final pilgrimage at the age of 78, (after 18 years of bankruptcy). That’s because travel is completely barred except for medical, death/emergency of a relative or to perform an Umrah. 

Why are persons of other faiths deprived from this religious right?  Are they not fellow humans?

Making matters worse, this department is staffed by a 1,000 persons, of which a mere 75 persons interact with the present 241,000 bankrupted citizens. This is why this department cannot function in any other way, but as a mere bill collector for creditors.

Most of the staff has neither legal background nor even a basic knowledge of accountancy. This is why they do not have the capability to investigate or evaluate claims by creditors. This creates an evil situation because it is a norm for banks and creditors to demand claims that are mostly punitive and based on wild illegal interest computations.

MISSION IMPOSSIBLE - The Minister in the Prime Minister’s Department, Datuk Seri Mohamed Nazri Abdul Aziz, announced on 9th August 2009 that, “the department had managed a total of 64,072 bankruptcy cases from January 2005 to June 2009, of which 7,521 cases were recorded for the first six months of 2009”. In the circumstances mentioned earlier, how were they able to “manage” the 64,072 cases?

Also, statistically speaking, a period of 4 and a half years is 1080 days - to resolve/manage 64,072 cases in 4.5 years, the department needs to resolve/manage 59 cases a day at the rate of 7.3 cases per hour and 1.2 cases every 10 minutes. Is this even remotely possible with the quality of our present Civil Service?

Deputy Minister in the Prime Ministers Department, Datuk Liew Vui Keong, in reply to a query by Senator Zamri Yusoff on the 18th April 2011, confirmed that there were 224,943 bankruptcy cases as at 31 December 2010. He then refuted suggestions that bankrupts were able to discharge themselves immediately. Is this a validation that there is truth to prevailing suspicions about racially biased governance?

Datuk Nazri, 2 years and 6 months your statement that brought so much hope to the 241,000 people, especially the sick or elderly, who are incarcerated by the sadistic Bankruptcy Act of 1967. You truly have betrayed a fallen people.  Why is there still a quarter million backlog in your department?  What about the 16,000 new bankrupts are added annually? 

As a lawyer, are you not aware that this situation creates congestion in the courts, and curtails the judiciary from functioning at its peak? I am sure you are aware that banks and the LHDN are no angels and that they will strive to always usurp twice or thrice borrowed/ due amounts. Banks are strengthened by powerful individuals in the Boards. As a vile example, Citibank proudly announced the appointment of the father of the Governor of the Central Bank of Malaysia to its Board (within months of her attaining Governorship).

In the case of the LHDN, a large base of corrupt staff (especially in the Legal Division), victimize citizens with invalid and contorted assessments and claims. Selective prosecution based on race, religion or spite is a common story.

Datuk Nazri, in such an ugly scenario, why have these organisations been given the power to block discharges, (even after the 5 years of bankruptcy).This creates a situation where persons are being   ensnared till age 70, and indefinitely.  Equally as barbaric and vicious, is that no exception is made for medically impaired people. Should this be a norm, why is the Government not enforcing a demand from white collar and other criminals that all embezzled or compensatory funds be repaid prior to a release from custody (as they do so from bankrupted persons)?

 Rogues in the LHDN The LHDN was privatized in 1996 and has earned a notoriety for extortion. At upper levels, persons or corporations are privately referred by LHDN’s legal department, to crony lawyers. These lawyers then “reward” their benefactors. Down below, officers extort from the public, especially non Malay food outlets. Sex, golf, foreign vacations, expensive cars, and a life style beyond reality are their only agenda. Subsequently, the loss incurred by the nation is beyond imagination.

As at December 2007, Malaysia had a population statistic of 25.7 million and an 11 million workforce. A total of 250,000 persons made bankrupt from this 11 million. Amazingly, from these 241,000 bankrupts, only 533 persons were bankrupted by the Board – an average of 49 cases a year.  Is this consistent with their huge overheads to maintain the enforcement and legal division?                     

Anti Corruption Director, Datuk Samsiah Abu Bakar, as reported in the Star dated 28th May 2011, has confirmed that “enforcement officers are receiving bribes that are as high as RM 1 million Ringgit, and, that 422 persons were placed in custody between April 2010 and March 2011. What do you read in this?

The Puzzle -   Why are the parliamentarians from the Government feigning ignorance of this dark issue?  Why are the raucous opposition parliamentarians, who aspire to form the next government, so callously blind to this social injustice and suffering.  Why are the  DAP, MCA, MIC and other ethnic parties blind to the fact that a major portion of the afflicted persons they claim to champion, are the Chinese, Indians and non Malays  who are financially incarcerated  - for life?

 Hon. Prime Minister, surely, the deprival of a means of livelihood, and the misery to the financially fallen 241,000 (growing annually by 15,000) (over 5 torturous years) is enough to satiate even the most blood thirsty creditor.

Thus, please do give all bankrupted persons an auto release after the 5 year tenure of bankruptcy – just like any common felons who is  guaranteed freedom after their sentenced periods. Only in this case, the people under your care are not felons or criminals

It stands to reason that the logistics of managing and administering 241,000 cases, by a department that is overstretched and overwhelmed, would be an impossible feat, even over a 20 year period.

Furthermore, considering the fact that 41 people are being bankrupted DAILY, leading to an annual increase of 15,000, there would be a new pile up of 300,000 cases by the next 20 years. THIS IS IN ADDITION TO THE present 300,000 cases.

Wouldn’t it be gracious and compassionate to admit that the whole system is in dire need of a revamp? All that is required is a legislation to give an auto amnesty to those who have served their 5 year adjudication, like all developed countries. This would eliminate congestion, and most importantly, corruption in the Official Assignee’s office, and the Courts.

Please also put a leash on the sadistic Mugabe style racists in the Official Assignee’s Office, especially in Shah Alam and in all the other Civil Service Departments. The Civil Service numbers 1.3 million in 2011. They have a well entrenched, and secure life with good salaries, pampered housing and car loans, special medical benefits etc.

A pertinent question - how many of this 1.3 million can survive in a private sector working environment without the Government or the  racial shield protecting them. Even more, how many can survive the merit that the private sector demands? The common perception is that 90% would fall and they themselves would be bankrupts. Thus the arrogance of the small minority is totally unjustified and a shame to themselves.

Remember the toddler in China who was a victim of a hit – and - run driver recently?  I have always wondered who the greater beast is. Was it the person who hit the toddler or those who did nothing to help?   Please now show us your good faith, by first acknowledging this hideous brutality against Malaysians.

Be compassionate as you were with the Jemaah Islamiah Terrorist League - the  Islamic  splinter group of Jemaah Islamiah who were the perpetuators of the 2002 Bali bombings that killed hundreds - it received a full Aidil Fitri pardon.

This compassion may

benefit the Barisan Nasional

with a million votes in gratitude.


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