ganesh

Sunday, February 12, 2012

The Judiciary Stinks, But Not In My Area Of Practice??

None other than a former chief justice, Tun Mohd Dzaiddin Abdullah, recently denounced Malaysia's judges as being "subservient to politicians in the executive arm of government".

His reasons I will leave readers to determine for themselves.
What is of interest to this writer though is the comment by the
current president of the Malaysian Bar Council,Lim Chee Wee, who is reported to have said "for commercial cases, Malaysia’s judiciary system was credible enough to handle cases from the region."

“But the ultimate test is of course when it comes to politically sensitive cases or religious cases and how our appellate courts deal with it.

“On that score, I still give them a minus because so far as religious cases go, the conversion cases, there is a fear by our appellate courts in having to make a decision. They keep postponing, the controversial cases just being postponed, then there is of course the Perak crisis,” he said.

Lim's area of practice is -commercial law.
This sort of self-serving statement is what got lawyers the judges they deserve. Unfortunately ,it is those of us who need to have recourse to the courts of law that suffer.Of course, for commercial cases we can always choose arbitration in Singapore, an option that Lim and his firm are well aware many who can prefer.
Writer waits with bated breath for Lim and Skrine to emulate their one time nemesis Vincent Tan,who like Lim had only praise for Malaysia's commercial law courts.
END

Thursday, January 26, 2012

The Auditor-General DID report on NFCorp, and investigated it coincident to the "Fidlot" audit

by Ganesh Sahathevan

The Auditor-General Malaysia DID report on NFCorp, and investigated it coincident to the "Fidlot" audit. The 25 October 2011 report from Malaysian Insider titled
"Audit finds minister’s family made mess of national cattle farming project"; is a reasonably accurate translation of the Auditor-General's report, which mentions National Feedlot Corporation and NFCorp in at least 30 instances

The Malaysian Insider report states:

“An audit check found production in 2010 was only at 3,289 heads of cattle or 41.1 per cent,” the report said.
The audit was conducted between January and March this year.

Among the reasons cited were the NFC corporation’s poor management including its failure to train 130 farmers for the project, the 5,000-acre farmland in Gemas being overgrown with thorny acacia shrubs, and poor use and maintenance of its facilities.
The audit report also found NFCorp did not finalise the standard operating procedure or implementation agreement in 2010.

It noted NFCorp claimed it could not do so because the government has yet to build an abattoir capable of slaughtering 350 heads of cattle a day.

The audit report said the Treasury completed a study on the slaughterhouse on April 5 this year to be presented to Prime Minister Datuk Seri Najib Razak.

The audit report noted that two factories related to the project have yet to be built, namely the livestock feed factory that was part of the pilot project under the entrepreneur development programme, and a bio-gas factory to process waste from the abattoir and the feedlot into fuel for the farm.

The report stressed infrastructure upkeep as the most important factor for the project’s success and recommended the MoA devise a “Blue Ocean” strategy to boost its cattle breeding production to meet the original 60,000 target by 2015.

END

Friday, December 02, 2011

Tan Sri CB vs MAHB: Its really about a gushing stream disappearing


The Star , 19 Aug 2010 reported Tan Sri Choirboy (CB) saying:

“We have actually reached our target of RM40 spending per pax that we set for the last quarter. We have unearthed a gushing revenue stream that can boost the bottom line and also serve as a buffer to rising fuel prices.”
He said baggage fees and AirAsia Cargo were significant contributors to ancillary income for the group.

http://biz.thestar.com.my/news/story.asp?file=/2010/8/19/business/6881852&sec=business


I then said:

This writer challenges Tony to find this "gushing stream " in any place where there are laws against misleading and deceptive conduct in the carrying out of a commercial enterprise.

Now however Tan Sri Choirboy faces a problem even in Malaysia. Malaysian Airports Holdings Bhd wants part of that "gushing stream". Choirboy can see that each cent added to "his" "gushing stream" means an additional burden on passengers who are then likely to revolt against all charges.

This could in turn lead to a forced scaling back of charges, causing the "gushing stream" to weaken, possibly to a point where AirAsia cashflows will be adversely affected.

END


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Wednesday, October 12, 2011

Archana Gallery, a division of Ananda's Astro?

Archana Gallery is owned and operated by Archana Marshall,
wife of Astro CEO Ralph Marshall.
The records below show that the gallery's website is registered to one Ashok Kumar, whose email address , ashok_velpula@astro.com.my,
suggests that he is an Astro employee.

The records also show that the website was first registered in 2007,
and some 3-4 years
before Astro was taken private.

There does not appear to have been any disclosure to the investing
public of what at minimum, appears to be related party transaction.
END




http://www.archanagallery.com/

Created: 2007-12-13 04:06:44
Expires: 2011-12-13 04:06:44
Last Modified: 2010-11-29 17:44:56

Registrant Contact:
Ashok Kumar
Ashok Kumar (ashok_velpula@astro.com.my)
Endah Villah Condominium
Sri Petaling, Kuala Lumpur, my 57000
P: +603.95436688 F: +0.0

Administrative Contact:
Ashok Kumar
Ashok Kumar (ashok_velpula@astro.com.my)
Endah Villah Condominium
Sri Petaling, Kuala Lumpur, my 57000
P: +603.95436688 F: +0.0

Technical Contact:
Net Onboard Sdn Bhd
Net Onboard (support@netonboard.com)
No. 31 & 33, Jalan Utama 2/18 Tmn Perindustrian Puchong Utama
Puchong, Selangor, my 47140
P: +603.80625088 F: +603.80624955

Billing Contact:
Net Onboard Sdn Bhd
Net Onboard (support@netonboard.com)
No. 31 & 33, Jalan Utama 2/18 Tmn Perindustrian Puchong Utama
Puchong, Selangor, my 47140
P: +603.80625088 F: +603.80624955

Monday, September 26, 2011

SIA Board's Foreign Talent (FT) Problem-UNSW Singapore Revisited

David Michael Gonski, an Australian, is a member of the Board of Directors, Singapore Airlines Ltd. He is also a member of the Board's Audit Committee.
As Chancellor of the University of New South Wales he is responsible for UNSW's financial statements, which he signs off together with the Vice-Chancellor, Fred Hilmer.

UNSW's accounts are audited by the Auditor General, State of New South Wales. His most recent audit opinion contains the following qualification:

Audit Opinions
The audits of the University and its controlled entities’ financial statements for the year ended 31 December 2010 resulted in unqualified Independent Auditor’s Reports for 12 entities (including the parent) and a qualified Independent Auditor’s Report for one entity.
I was unable to express an opinion as to whether the University of New South Wales Foundation Trust had recorded all revenues received from donations and fundraising sources in its financial statements. This is common for entities with these sources of revenue, as it is impracticable for them to maintain effective systems of internal control over the receipt of such revenues until their initial entry in the financial records. My audit report for 2009 was similarly qualified.
At the time of finalising this report, the audits of nine controlled entities in the group were incomplete.



While the Auditor General's audit opinion may not seem damning, it should be kept in mind that the UNSW would be to Singapore Airlines what a HDB provision shop is to a NTUC Fairprice.
If UNSW is considered so complex that incomplete records are acceptable, then Gonski cannot be said to have the skills required to oversee the financial statements of something as complex as Singapore Airlines.
This is not the first time that the Auditor General has raised questions about the state of UNSW's financial controls. In 2010 The Australian newspaper reported:

THE University of NSW has written off $5.35 million in debts owed by students, reflecting a history of poor financial control.

The 2009 annual report, tabled in NSW Parliament yesterday, shows a $2.9m write-off, following a $2.45m write-off the previous year.

The NSW Auditor-General raised concerns about the student money issue in five consecutive annual reports, the most recent being last year's.

(THE AUSTRALIAN, 5 JUNE 2010)

Gonski was queried about the report in THE AUSTRALIAN . His response:

........ you will be aware from the report in The Australian to which you refer that the monies which were written off arose over a lengthy period indeed between 1990 – 2006. My appointment in late 2005 as Chancellor coincided with the implementation of new and more focused accounting procedures which culminated in a decision to write off these amounts. I’m not aware of any adverse reports against me and indeed believe that one of the things that I and the present Vice Chancellor Professor Fred Hilmer have achieved since coming into office is an improvement in the financial management of the University.


SIA shareholders, Singapore taxpayers and contributors to the CPF can decide for themselves if the response is an acceptable explanation from yet another FT.
END

NOTE:
Fred Hilmer was the man the EDB accused of being "misleading" with the truth about the failed UNSW Singapore venture.It was Gonski and he who decided to end that venture:

UNSW Vice Chancellor comments to Australian paper misleading
By Foo Siew Shyan and Suzanne Ho, Channel NewsAsia | Posted: 05 July 2007 2132 hrs

Photos1 of 1

Professor Fred Hilmer, Vice-Chancellor of UNSW

SINGAPORE : The Economic Development Board (EDB) has written to the University of New South Wales (UNSW) to clarify comments published in The Australian newspaper.

In a letter to UNSW's Vice Chancellor, Professor Fred Hilmer, EDB said his comments were misleading.

EDB added that Professor Hilmer had laid blame for the closure of its Asia campus on EDB, rather than acknowledge that it was a business decision taken by UNSW.

The UNSW announced its decision to close its campus on May 23.

Its Vice Chancellor told The Australian newspaper that he believed he had "a workable plan for the campus' future but was rejected "at the 11th hour by the EDB".

But EDB pointed out that UNSW had concluded it would not be able to meet the deliverables expected under the EDB's support package.

In a detailed letter, the EDB's Assistant Managing Director Aw Kah Peng wrote that after one and a half years of negotiations, EDB agreed on a support package for UNSW in 2004 to set up a permanent campus in Singapore.

The student enrolment was targeted at 10,000 to 15,000 in the long term.

The deal was signed in February 2005 by the previous Vice-Chancellor.

But when Professor Hilmer came in June 2006, he requested that EDB increase the support package. EDB did so in August 2006.

Based on a revised plan, the student enrolment targets remained largely unchanged but the Changi campus was to be accelerated and there were to be additional R&D activities in Singapore.

But student intake fell short. In March 2007, 150 students enrolled, which was half of what UNSW had expected.

So Professor Hilmer asked EDB to reconsider its support package.

There were extensive discussions between EDB and UNSW between March and May.

The revised plan envisaged a considerably scaled-down operation - just 2,000 students by 2016.

That was less than half of the university's commitment agreed earlier.

EDB said it rejected the proposal since there was no assurance of the development of the new campus.

But EDB was prepared to give the university till April 2009 to decide whether to develop a new campus at Changi.

It was also prepared to continue the support given, but not to increase it.

EDB also went as far as to consider fresh funds if it received UNSW's proposal to develop the new campus.

But UNSW decided to close its venture here and EDB respects its business decision. - CNA /ls


Thursday, August 18, 2011

How it was: Guinness ad in Malay,with Malay actors,

Beer baik Untuk Kesihatan

This was sent me with the following note:
Someone found this in the library at Ohio University. It is in a program booklet of KGMMB (Kesatuan Guru-Guru Melayu Malaysia Barat)'s AGM 1968, and this advertisement appeared on p.2, side by side with the message from the then Deputy Prime Minister. How different it was in those days.

Friday, August 12, 2011

Tony Fernandes has dumped AirAsia: Time for fans to face misplaced devotion

In all of the reporting and fashion magazine like chatter about the AirAsia-MAS share swap there seems to have been a willful ignorance of one facet of the deal: That Tony Fernandes, CEO, major shareholder and founder of AirAsia, has sold 10% of his 26% shareholding in AirAsia for a stake in AirAsia's competitor , MAS.
This is a sale by an insiders insider, but it seems that local and foreign media as well as a number of analysts, like jilted lovers unable to face rejection, are doing all they can to skirt around the issue, clinging to the hope that Tony still loves them and AirAsia. Fortunately for Tony these are the types who would actually believe it when told "Of course I will still respect you in the morning".

According to THE STAR:
Put differently Tony's investment in MAS has grown while that of Khazanah's in the LCC, to date, is unfortunately in the red. The deal's backers staunchly dismiss such short-sightedness: “We are talking about loose change here. What's the point of arguing over that when there's so much more money to be made down the road.”
http://biz.thestar.com.my/news/story.asp?file=/2011/8/13/business/9276350&sec=business

So, if about RM 260 million in gains realized so far on the share swap (see calculations below) is "small change", and " there's so much more money to be made down the road”; then why is not Tony keeping his AirAsia stock?

The so-called multi-billionaire could easily borrow against his AirAsia shareholding and the MAS stock to pay for the latter.That way he gets to keep all the benefit of
"so much more money to be made down the road.”
There may also be tax benefits in using debt, an issue that surely a multi-billionaire would be concerned with.

Indeed, taking on debt is exactly hat he appears to be doing in regards to his investments in his Lotus Team and other related companies,and more recently in his reported purchase of the Queens Park Rangers football team,at a price tag rumoured to be STG 100 million( about RM 488 million).
(see http://billionaires.forbes.com/article/01iO3Qh6hq6Ec?q=Lakshmi+Mittal)
Clearly, Tony believes more in Lotus and QPR than he does AirAsia.
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By Thursday 10 August 2011 the spread between MAS and AirAsia share prices had widened giving Tony a gain of RM RM 261 971 170!
Calculations were based on the pre-suspension closing price of RM 3.95 for AirAsia and RM 1.60 for MAS.The closing prices on Thursday 10 August 2011 were RM 3.50 and RM 1.80 respectively,
The workings are as follows:

AirAsia shares sold by Tony to Khazanah =277,650,600
Loss on shares to Khazanah, and gain to Tony =RM 124 942 770

MAS shares sold by Khazanah to Tony= 685,142,000

Gain on shares to Tony, and loss to Khazanah= RM 137 028 400

NET GAIN TO TONY: RM 261 971 170