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  #1  
Old 29-07-2010, 08:11 PM
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Default Tun Dr Ling Liong charged over PKFZ scandal

Dr Ling Liong Sik charged over PKFZ scandal

KAJANG: Former Transport Minister Tun Dr Ling Liong Sik has pleaded not guilty to two cheating charges related to the RM12.5bil PKFZ project.

He was charged at the Sessions Court here Thursday.

Dr Ling leaving the court after he was charged with two counts of cheating

He is believed to be the first person carrying the title Tun to be charged for criminal offence.

Dr Ling was granted bail of RM1mil. Mention date has been set for Sept 3.

His wife Toh Puan Ena Ling and sons Hee Leong and Hee Keat were also present at the court.

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Old 29-07-2010, 08:13 PM
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Ling charged over PKFZ
PUTRAJAYA, July 29 – Tun Dr Ling Liong Sik was charged in court here today for his role in the scandal hit Port Klang Free Zone (PKFZ) project.

The prosecution of Dr Ling comes as a huge shock and is expected to have repercussions for MCA as he is still considered a kingmaker in the party.
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  #3  
Old 29-07-2010, 08:15 PM
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http://www.sun2surf.com/article.cfm?id=49932

PKA will pay, says minister
by Terence Fernandez and Giam Say Khoon


Lee Hwa Beng

Kong Cho Ha

KUALA LUMPUR (July 27, 2010): Transport Minister Datuk Seri Kong Cho Ha today used his ministerial power to override yesterday's decision by the Port Klang Authority (PKA) to refuse to make the final payment of RM222.58 million to a special purpose vehicle (SPV) set up by Port Klang Free Zone turnkey contractor Kuala Dimensi Sdn Bhd (KDSB) to raise funds from the market.
The SPV, Free Zone Capital Bhd (FZCB), is one of four set up by KDSB to raise funds from bonds for the controversial PKFZ project.

When met after the MCA presidential council today, Kong said: "We will pay according to what has been decided much earlier; according to the schedule that was set a long time ago.

"I will talk to them (PKA)."

A news report in a financial daily today said the PKA board had decided not to make the final payment to FZCB as the board did not want to be in a position where PKA wins a law suit against KDSB but cannot recover the money.

Effectively, PKA has shifted the decision on its bond obligation to Kong under Section 3(4) of the Port Authorities Act 1963, which gives the power to the minister to override the board's decision.

theSun has learnt that the PKA decision could have basis in the revelation that KDSB had given undertakings that it will cover any shortfall in repayments towards the bonds should the PKA fail to do so.

PKA had been under pressure to make the bond payments from various quarters as failure to do so would result in adverse effects on the local bond market.

However, these guarantees by KDSB reveal that any shortfall in the bond repayment makes it KDSB’s problem and not the Malaysian taxpayers.

It is understood that these undertakings emboldened the PKA board to withhold its final payment to FZCB, due on July 31.

The PKA is currently suing KDSB for RM1.4 billion for breach of contract.

PKA chairman Datuk Lee Hwa Beng said the letters from KDSB to three SPVs – FZCB, Valid Ventures Bhd and Transshipment Megahub Bhd -- were tabled at yesterday's Board meeting.

However, he declined to say if the guarantees by KDSB were the basis of the Board's decision to withhold payment to FZCB.

"I cannot reveal the deliberations of the meeting, but we have advised the Transport Minister of our decision," Lee said, declining to say more.

The letters which were sighted by theSun earlier this month revealed the creation of escrow accounts with OSK Securities Bhd. They are deemed as the "missing link" in investigations into the RM12.5 billion mega-scandal. Former Transport Minister Datuk Seri Ong Tee Keat said even auditors PriceWaterhouseCoopers had not come across these letters.

"These undertakings will prevent taxpayers money from being further abused," said Ong when met recently.

He added that he had been calling for payments to KDSB to be frozen until the outcome of the PKFZ probe.

The letters read: "We hereby confirm that we undertake to cover the shortfall in the event of any shortfall in the amount payable by Port Klang Authority in the year .... vis-a-vis the bond repayment amount after taking into account balances in the Escrow Account."

The FZCB letter dated Sept 12, 2006 was signed by KDSB director Idris Mat Jani with RM6.5 million in the escrow account. It also stated that KDSB will provide a corporate guarantee for the New Additional Development Works (NADW) equivalent to 5% in value of the NADW.

The Valid Ventures letter dated Feb 28, 2006 also signed by Idris stated that KDSB is required to gradually build up a sum of RM47.6 million in the Escrow Account.

The guarantee for Transshipment Megahub in a letter signed by KDSB director Omar Abdul Latip on Sept 13, 2004 stated that the Escrow Account will have not less than RM36 million.

According to reports, Valid Ventures is owed RM1.3 billion due next year while Transshipment Megahub is owed RM1.4 billion due in 2012.

Another RM150 million is owed to another SPV, Special Port Vehicle Bhd. -- theSun
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Old 29-07-2010, 11:37 PM
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Sign of GE 13 approaching, another show begins.
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Old 30-07-2010, 01:50 AM
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Come on lah, this is just a show....but prove us wrong. And why stop here? Go after that Perkasa guy too...use ISA. Dare go after MCA but not UMNO people?
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Old 30-07-2010, 05:36 PM
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Stunned PAC chief: We never saw him as a culprit
THU, 29 JUL 2010 18:51

http://www.freemalaysiatoday.com/fmt-english/news/general/8562-stunned-pac-chief-we-never-saw-him-as-a-culprit

By Syed Jaymal Zahiid

KUALA LUMPUR: Public Accounts Committee (PAC) chairman Azmi Khalid said that former transport minister Dr Ling Liong Sik, who was charged over his role in the Port Klang Free Zone (PKFZ) scandal today, was never identified as a culprit by the committee.

"It is unfortunate to hear this. I am quite surprised. We never identified him (as a perpetrator). We just called him for clarification," he told FMT in an immediate reaction to the news.


The 67-year-old medical doctor-turned-politician pleaded not guilty to two charges under Section 417 and 418 of the Penal Code for cheating.

The PKFZ project was introduced during his tenure as transport minister and the cost of the project, initially estimated at less than RM2 billion, ballooned to RM4.6 billion by 2007.

Sessions Court judge Suzana Hussin then set bail at RM1 million and mention was fixed for Sept 3.

Legal action against Ling, the former MCA president, could have negative implications on the second biggest component party in Barisan Nasional which is struggling to regain lost Chinese support.

Opposition leaders, particularly DAP's Lim Kit Siang, have long called for a probe on Ling but the authorities have been slow to react.

PAC, which probed the PKFZ scandal, had summoned Ling to facilitate investigations.

'Mother of all scandals'

Azmi said the former MCA supremo, who issued the support letters instructing the PKFZ project to be given to turnkey contractor KDSB Sdn Bhd, was never considered a culprit.

"It is unfortunate that (Ling has been charged)... he is my senior colleague," said the former minister.

"Whatever it is, the prosecution is the result of police and the Malaysian Anti-Corruption Commission (MACC) investigation," he added.

Azmi, PAC, the MACC and the police have been under severe pressure to net the "big fish" involved in what is considered by opposition leaders as the "mother of all scandals".

Charging Ling would help neutralise the accusations that Najib's administration lacked the political will to arrest influential figures involved in corruption.
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Old 30-07-2010, 05:37 PM
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MCA in shock over Dr Ling’s PKFZ charge
By Clara Chooi July 29, 2010
http://www.themalaysianinsider.com/malaysia/article/mca-in-shock-over-dr-lings-pkfz-charge/

KUALA LUMPUR, July 29 – Today’s prosecution of Tun Dr Ling Liong Sik over his role in the Port Klang Free Zone (PKFZ) scandal, has sent shockwaves through the MCA, leaving party leaders stuttering in response.
MCA’s usually calm and collected president Datuk Seri Dr Chua Soi Lek himself appeared shaken by the news and admitted that it was unexpected.

“MCA leaders are shocked by this,” he told reporters who surrounded him for a response after he opened the Perak MCA Youth convention at the state liaison body’s headquarters in Ipoh.

He added, however, that he was confident that Dr Ling, 66, who had served as the party’s president from 1986 to 2003, would be given a fair trial.

When contacted later in the evening, MCA secretary-general and Transport Minister Datuk Seri Kong Cho Ha fell silent for several moments when informed of the news.

When asked if he was surprised, Kong said: “Of course I am. Why do you only call me when there is bad news?”

He added that he was “concerned” about Dr Ling’s prosecution, especially since the latter was a prominent figure in the MCA.

Dr Ling was slapped with charges under Section 418 and alternatively, under Section 417 of the Penal Code, for an offence concerning land valuation.

Section 418 concerns “cheating with knowledge that wrongful loss may be thereby caused to a person whose interest the offender is bound to protect” and Section 417 concerns the punishment for cheating.

If convicted under Section 418, Dr Ling faces a maximum jail term of seven years, or a fine, or both, and if convicted under Section 417, he faces a lesser sentence of five years jail, or fine or both.

He claimed trial to the charges and the case has been fixed for mention on September 3.

Dr Ling, believed to be the first Tun in the country to face such prosecution, is the most influential personality to date to be brought to book over the controversial PKFZ scandal.

When contacted, many MCA leaders chose to keep mum over the issue, pleading for more time to study the charges before issuing any comment.

MCA vice-president Datuk Donald Lim told The Malaysian Insider that the matter should only be addressed by the president.

“I would rather not comment. I just heard about it too,” he said.

A fellow vice-president Gan Ping Sieu also declined comment but chose instead to seek information from The Malaysian Insider over the details of the charges against Dr Ling.

“What did they involve? What were the specific charges,” he asked, before saying that he would need more time before speaking on it.

Another vice-president Datuk Chor Chee Heung told The Malaysian Insider that careless comments on such a shocking piece of news should not be made.

“I barely just heard about it myself. I do not know the details, so it would be unfair to make any comment for now. It is a big issue,” he pointed out.

Other MCA leaders could not be reached via the telephone.

On micro-blogging site Twitter, MCA Youth chief Datuk Wee Ka Siong, who is usually active, was uncharacteristically quiet. His last post was at about 4pm, on an unrelated matter.

MCA presidential council member Chua Tee Yong tweeted that the PKFZ case needed transparency if the government wanted to revive the people’s trust in them.

“Give a chance 2 clear d air instd of guessg and hypthosg,” he said in his tweet.

The PKFZ project, Malaysia’s biggest port investment, was initially kickstarted in the early 2000 with a budget of RM1.8 billion.

The amount ballooned, however, allegedly due to mismanagement and corruption, and is estimated to likely cost a whopping RM12.5 billion now, including interest charges.
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Old 30-07-2010, 05:41 PM
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A full circle for Dr Ling
http://www.themalaysianinsider.com/malaysia/article/a-full-circle-for-dr-ling/

UPDATED @ 09:19:05 PM 29-07-2010By Leslie Lau
Executive Editor July 29, 2010

KUALA LUMPUR, July 29 — Regardless of whether there is a conviction, the reputation of one of the most durable Malaysian politicians has been tarnished forever.
And it comes at a time when the 66-year-old Tun Dr Ling Liong Sik spends much of his time reminiscing with schoolmates from the Royal Military College (RMC) or just friends from the old days.

Despite being surrounded by family as he faced charges today of cheating in relation to the PKFZ scandal, he cut a lonely figure.

The irony is that at a recent gathering, he urged journalists not to allow the Port Klang Free Zone (PKFZ) scandal to be covered up.

But that is not the only irony.

In 1986, Dr Ling (picture) inherited the MCA presidency after his predecessor Tan Koon Swan was convicted of cheating charges in Singapore.

The MCA then had been in turmoil following the departure of Lee San Choon from the scene a few years earlier, with Tan winning the party presidency in 1985 after a protracted power struggle.

Dr Ling inherited a party in disgrace in 1986, with few people giving him any chance to stay too long at the top.

But the amiable Dr Ling grew into his role, and was party president — despite many challenges — and Transport Minister until 2003.

He was also steadfast in his role as president of the second biggest party in Barisan Nasional (BN).

In 1988, he proved dependable as a friend of Tun Dr Mahathir Mohamad and Umno after the BN lynchpin was deregistered.

He stood in for Dr Mahathir as BN chairman until Umno regained its status.

That episode is still cited as an example of Umno’s and MCA’s close partnership and mutual dependence.

In 2003, his old friend Dr Mahathir brokered a deal that saw Dr Ling and Lim Ah Lek, his deputy and rival, retire together.

Since then, Dr Ling has only made occasional public appearances in his capacity as chairman of Tunku Abdul Rahman University.

Few people expected Dr Ling to face charges today.

The Malaysian Insider understands that Dr Ling and his family were also taken entirely by surprise by the decision to charge him.

Sources say prosecutors had told his family that he was not implicated.

And since the charges involve allegations that he misled Cabinet, it will be of public interest to know which of his former colleagues will testify against him.


Cynics and critics of the government’s handling of the PKFZ fiasco would have also been taken by surprise because many had expected Chan Kong Choy, the man who was asked to resign as Transport Minister in 2008 because he was implicated in the scandal, to have been the man facing charges.

Dr Ling remains a major figure in MCA and is considered to be a kingmaker behind the scenes.

His prosecution will once again leave MCA, which is already at its lowest point, in turmoil.

After a long career in politics, Dr Ling will now be fighting not just for his liberty but for his legacy.
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Old 30-07-2010, 05:43 PM
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'Sign of more big fish to be hauled'
THU, 29 JUL 2010 18:24

http://www.freemalaysiatoday.com/fmt-english/news/general/8559-sign-of-more-big-fish-to-be-hauled

By FMT Staff

FULL REPORT KUALA LUMPUR: Opposition leaders today welcomed the decision to charge former MCA president Dr Ling Liong Sik, with DAP's Tony Pua stating that it indicated “more big fish” would be hauled to court.

"It's good to see the Attorney-General finally charge the big fish. This is the biggest corruption case in Malaysian history," he said.

"It's a sign that more big fish are coming," added the party's chief economist and Petaling Jaya Utara MP.

"This shows that the prosecution is more competent, especially when previous prosecutions have either botched or failed," he added.

This evening, Ling, the former transport minister, was charged with two counts of cheating in relation to the Port Klang Free Zone (PKFZ) scandal.

The 67-year-old former MCA boss, who could face a jail term if found convicted, pleaded not guilty to both charges.

Meanwhile, Pua, who noted that other high-profile figures were involved, said: "Ling cannot be acting alone."

Asked if he had expected the news, he said: "No, it's a surprise, and a sign of a positive prosecution."

He also agreed when asked if the latest development was a sign that the general election was around the corner.

“You spotted the right question, well done,” he said, without elaborating.

Can of worms

Meanwhile, PAS research head Dzulkefly Ahmad, who also welcomed the move to charge Ling, however, reminded Prime Minister Najib Tun Razak that it would not have a bearing on the next election.

“If Najib thinks that by bringing Ling to justice will shore up support for himself and Barisan Nasional, he must be reminded of his own baggage that is hanging over his head,” he said.

“He can call for a general election soon if he believes in his own illusion,” he added.

The PAS leader also said that Ling's trial could open up a can of worms for the ruling coalition.

“We must remember that PKFZ was an Umno-MCA project. By charging him, he will reveal how corrupt the BN government is. All the ones involved should not be allowed to get away scot-free,” he said, calling it a “good start”.

In an another immediate reaction, PKR vice-president Azmin Ali also lauded the move, saying however that Ling should be given a fair trial to defend himself.

"As a matter of principle, though, we would also like to see action taken against those responsible, without fear or favour, to protect the rights of the people," he told FMT.

Although the latest move has raised speculation that Ling may be made a scapegoat, the Gombak MP disagreed, saying Ling "was instrumental in the project".

"He is not a scapegoat. In fact, before his departure from his ministry, he signed a letter of support for this particular project which was used as a collateral by the government.

"I think he must be responsible for it as he was a Cabinet minister representing the government," he said.

He, however, refused to speculate how many more “big fish” will be brought to court over the multi-billion scandal.

"We do not want to speculate but the investigation has taken a long time and I am sure the Attorney-General's Chambers will bring those responsible to court to face the music," said Azmin.

Public interest must be protected

Meanwhile, former MCA president Ong Tee Keat said that no one should be above the law, even if it involved his party senior like Ling.

"The law must be upheld and no one should be above it," he said, adding, however, that he was not interested in specific personalities.

"My only hope is that the interests of the general public, especially the taxpayers, are protected," he told reporters after speaking at 15th Malaysian Law Conference in Kuala Lumpur.

Umno Youth chief Khairy Jamaluddin described the move (to prosecute Ling) as "bold" and "proactive" but said Ling and the prosecutor should be given an opportunity in court.

"(But) the question of the bond payment has to be answered," he said in in his Twitter.
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Old 30-07-2010, 05:49 PM
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Has BN opened a Pandora’s Box? — The Malaysian Insider
July 30, 2010
http://www.themalaysianinsider.com/breakingviews/article/has-bn-opened-a-pandoras-box-the-malaysian-insider/

JULY 30 — While many see the charging yesterday of Tun Dr Ling Liong Sik with cheating over the Port Klang Free Zone (PKFZ) project as a boost for the Najib Administration, it may yet prove to disastrous for Barisan Nasional (BN).

It must be remembered that Ling was charged with deceiving the Cabinet — between September 25 and October 6, 2002 — into purchasing the land in Pulau Indah for the PKFZ project, a time when Tun Dr Mahathir Mohamad was prime minister of Malaysia.

Surely, in his defence, Ling will say that the Cabinet led by Dr Mahathir was in full possession of the facts when the decision was made to purchase the land.

What is more, BN Backbenchers Club chairman Datuk Seri Tiong King Sing’s role in the whole scandal will finally be revealed.

Tiong is the owner of Kuala Dimensi Sdn Bhd (KDSB), the turnkey contractor in the project and the company in the middle of this whole debacle. There are irregularities in claims made by the company to the tune of RM1 billion.

If indeed Ling is the first “big fish” to be reeled in, he will most certainly not be the last. If pursued to the bitter end, two former prime ministers — Dr Mahathir and Tun Abdullah Ahmad Badawi — as well as Tiong and several other former Cabinet members will be brought into the picture.

As it is, only four people have been arrested and brought to face criminal charges of misconduct in the administration and financing of PKFZ: OC Phang, the former general manager of the Port Klang Authority (PKA); Stephen Abok, the chief operating officer of KDSB; Bernard Tan, the architect who approved construction of PKFZ; and Law Jenn Dong, who worked as an engineer on the project.

Some Malaysians are cynical and think nothing will come of the prosecution of Ling. They think the case will go the way of so many other high-profile cases in the country. Witness Tan Sri Kasitah Gaddam and the late Tan Sri Eric Chia.

Still, this is the first-time such a well- and highly-connected figure — and a Tun, to boot — has been prosecuted.

Perhaps, the Najib Administration is well aware of the consequences of pursuing this matter to its final conclusion.

Perhaps, it is time to do the right thing for the country and not just the thing that is right for the ruling coalition.
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