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DUN___Sarawak in Session 1998
LAND CODE (AMENDEMENT) BILL, 1998
SIBU EIA REPORT AT KEMUYANG DUMPING SITE TYT SPEECH?S DEBATE
WILDLIFE PROTECTION BILL, 1998
1997
LAND USE (CONTROL OF PRESCRIBED TRADING ACTIVITIES)
BILL 1997
SUPPLY (1998) BILL 1997 AND DEVELOPMENT ESTIMATE 1998 1996
RANG UNDANG-UNDANG PEMBEKALAN (1997), 1996 LAND CODE (AMENDMENT) BILL, 1996 PUBLIC COLLECTIONS BILL, 1996
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I rise to take part in the debate on the second reading of the Supply (1998) Bill, 1997 and in the motion on Development Estimate, 1998. Everybody acknowledges that our economy is in a declining state. This morning, the KLSE stock jatuh another 40 over points. However, with our commitment to the development and challenges that we are facing, we hope we can overcome these difficulties for the next few years. I will not touch on the issues which have been raised by the other Ahli-Ahli Yang Berhormat. I will speak on the issues which have not been touched by them. The Honourable Finance Minister in his Budget Speech, disclosed that a sum of RM281 million be set aside for the social and community service sectors which is RM8 million or 3% higher than the provision for 1997, a RM273 million. I welcome this increase of 3%. Under the Seventh Malaysia Plan (1996 to 2000), the Malaysian Government has pledged to address social problems among youths by establishing a high level inter-agency committee to do so. The main function of the committee, will be to formulate policy and strategy for social and family development. The other themes of the plan, are firstly, recognising the rapid pace of industrialisation and urbanisation process, which give rise to social problems. The Seventh Malaysia Plan will continue to give emphasis to the implementation of preventive programmes. A sum of RM130.7 million has been allocated for rehabilitation programme under the Ministry of National Unity and Social Development and, Secondly, greater focus be given to the development of a resilient youth community which is able to contribute positively to nation building and have the capacity to face the challenges of the rapidly industrialised nation. A sum of RM160 million will be provided to build 23 Rakan Muda centres. The challenge that confronts all Malaysians as we strive to achieve
Vision 2020 is the challenge of establishing a full caring society and
caring culture, a social system in which society will welcome before
self, in which the welfare of the people will be solved, not around the
state or individual but around a strong and resilient family system.
Let us look at some of the statistics that reflect some of the most pressing social problems or issues facing our society today. In 1995, 453 cases of juvenile delinquesces were referred to the Juvenile Court and the State Welfare Department, an increase of 140 cases from 1991. This figure does not take into account other unprosecuted cases handled by the Welfare Department. According to the statistics from the Welfare Department of Sarawak, these cases of juvenile delinquencies involve offences against properties, and human bodies e.g. sexual offences, gambling, traffic offences and others. Secondly, child abuse. In 1993, there were 45 reported cases of child abuse in Sarawak. In 1995, the figure was three times higher, 122 cases being reported. Again this figure reflects only those reported cases. There were unreported cases where abused children continue to suffer in silence. Thirdly domestic violence. Although only 472 cases were
reported to the police throughout Malaysia in 1990, a study by the Women
Organisation has suggested at least 847,000 women were known to have been
beaten in the same year.
The State Government has already endorsed the extension of the Domestic Violence Act to Sarawak and this Domestic Violence Act is an act which punishes those involved in domestic violence, mostly husbands, who commit violence against their wives or children. Our approach to the nation?s social ills should be based on the conviction that prevention is preferable to punishment, that inoculating our children with hope and advice is better than combating the after effects of desperation. This conviction is to take into account devastating challenges of crime, substance abuse and the need to build a society that encourages and teaches positive life affirming values. Surely it is true that our social problems would largely disappear if we conform our conduct to the finest idea of our civilization. On the other hand, we need to take responsibility for each other. Jame Madison once told us, ?if everyone is angel, no government could be necessary because none of us is an angel.? We need to use our collective strength through government not only to punish destructive behaviour but to prevent it in the first place and to help those who have fallen by the way side to put themselves back on the track. As a nation progresses towards industralisation, there is a need for the government to look at the quality of life we are leading. The Ministry of Social Development can play a very constructive, aggressive and leading role through the Social Development Council and Biro Wanita to conduct, organise, counsel and give lectures to schools, volunteer organisations, clubs etc. for public education on how important the role of individual is in nation building. Tragedies like drug addiction, violence against children, broken families and rampant crimes should be prevented from affecting us like earthquake and flood. And, there are a lot of good things which we could do to avoid them. We need to provide adequate drug rehabilitation and counseling and maintain services for trouble teenagers and recast our school and community centres as refuge to keep them away from the bad influence of the outside world. We also need to help parents to assume more responsibility for
their children by making safe and affordable day care
and parenting education available. The Ministry must have adequate
trained staffs to handle all the cases reported. It is vital to give
right and correct advice and not misleading and sometimes wrongful advice.
The Ministry of Social Development to my understanding have tried their
very best to support social programmes. However, the public should
take active participation in the programmes as well so as to enable
them to be successful in nation building and the creation of a caring society.
Perhaps in many occasions the Labour Union in Sarawak has invited the State Government to amend the Sarawak Labour Ordinance 1952. The principal laws relating to employment are the Employment Act 1955, the Sabah Labour Ordinance 1949 and the Sarawak Labour Ordinance 1952. These laws regulate the employment and legislate the basic terms and conditions of the service of the employees in Peninsular Malaysia, in Sabah and Sarawak respectively. Although the two East Malaysian Ordinances are much more comprehensive, it is the Employment Act that is far more beneficial to the employee. The two ordinances cover manual workers only, non manual workers are excluded. Most of the laws which is relating to labour are under the prerogative of the Federal Government and are applicable to the whole country. The situation in Sarawak is that labour matters are under the control of the State Government. Any Act of Parliament which is governs the labour relationship needs to seek the approval of the State Government before it can be extended to Sarawak. Employment Act is yet to be extended to Sarawak despite the fact that the pre-colonial Sarawak Labour Ordinance 1952 is hopelessly antiquated and outdated. In 1983 eleven of the largest unions in Sarawak have sent a memorandum to the then Honourable Chief Minister urging him to extend the Employment Act 1955 to Sarawak. These unions represent more than 80% of the union memberships in Sarawak and they are, The Sarawak Commercial Employees Union; The Sarawak Bank Employees Union; Patrolling Workers Sarawak; Sarawak Teacher?s Union; SESCO Employees Union; Sibu District Council Employee Union; Sarawak Marine Employees Union; Kuching Water Board Employees Union; Sarawak Medical Employees Union; Rajang Port Employees Union; and, Kuching Municipal Employees Union. Many resolutions were passed during the various union delegates? conference calling for the extension of the Employment Act 1955 to Sarawak or to amend the Sarawak Labour Ordinance 1952 without further delay. In September 1991 the Federal Minister for Human Resources, Datuk Lim Ah Lek in his speech which was read out during the Labour Day by the Director of Labour Sarawak at SBU 25th Anniversary Dinner in Kuching stated that the Employment Act 1955 will be extended to Sarawak. Some other state Ministers also promised to amend the Sarawak Labour Ordinance. In October 1995, the Deputy Human Resources Minister stated in Kuching that it was up to the State Government to amend the Sarawak Labour Ordinance. Sarawak Labour Ordinance which covers only manual workers is not subject to any amendment for more than 38 years. Clerical and non-manual workers in the private sector like sales personnels, receptionists, office workers do not enjoy statutory benefits such as annual leave, sick leave, overtime payment and most importantly female workers? maternity leave. The State Government has stated that there is no need to extend the Employment Act to Sarawak and to amend the Sarawak Labour Ordinance. Given the above scenario and in view of the Vision 2020, the State Government?s emphasis on the Human Resources Development to meet Sarawak Industrialisation and development programme, it is important that a crucial piece of legislation which affects the livelihood of Sarawak workers especially the non-union and low income workers be brought up to date. In the premises, I urge the State Government to consider either to extend the Employment Act to Sarawak or to amend the Sarawak Labour Ordinance as has been done to the Building Ordinance.. During the last November 1996 sitting, the Honourable Chief Minister in his winding up speech in this August House said on page 54 of the Hansard dated 29th November, 1996, I quote: ?UNIMAS fortunately today has got a Vice Chancellor who is an electronic engineer and we are going to appoint him to the WAFER Board of Directors in order to make sure that there will be a linkage when we go, we have almost everything we require such linkage.? Wafer fabrication has been singled out as the ?missing link? in Malaysia?s
industralisation drive. Malaysia is already well-known
as a leading exporter of semi-conductors. The establishment of the
Industrial Plant under the Second Industrial Master Plan (2nd IMP 1996
to 2005) will allow a complete integration of the local conductor industry.
Industry related work such as design publication, assembly and test and
development of an indigenous plant and track and technology can be fully
supported by the plant.
To my understanding the project was stalled and work has been stopped. American investors have pulled themselves out and left. SHARP has reported to be no longer interested in the project. Can the Honourable Chief Minister make a statement in this August House about the position of this company? Initial investment about RM200 million has been spent, mostly government fund. I stand to be corrected if I am wrong. The people of Sarawak are therefore entitled to know and be informed of what is the actual position of the company . As a State Fund has been incurred there is a need for greater transparency. The public are definitely entitled to know who was responsible for this state of affair, for the loss, if any, and whether or not the full background of the foreign investors had ever been ascertained. Is the project to be abandoned now or is the Government looking for a new partner? If so, from where? What guarantee do we have for a creditable and genuine partner? What is the role of our State Industrial Advisor? Is it true that he has resigned from the Interconnect Board of Director? If so, why? The next issue I like to touch on is the air crash on the 6th September,
l997 in Miri. On the sixth day of September,
Will the Honourable Chief Minister make a statement in this August House on the followings: (a) Whether any air
operation permit (AOP) was
(b) Whether the aircraft involved had
been installed
(c) Whether the investigation
into the crash has been
(d) Whether the State Government
intends to set up
(e) Whether the Government
has any plan to
Now I come to the local issue in Sibu. In 1991, the State Government through the Ministry of Tourism and Environment, (now the Ministry of Environment and Housing) encourages all local councils in Sarawak to contribute and make Sarawak clean and beautiful and to add green colours to our environment by planting more trees and flowers and make Sarawak a garden state in Malaysia. Sibu has more than 60 residential playgrounds within the housing estate. Most of the conditions are unsatisfactory. Only a few residential areas are provided with sufficient playground facilities. There are many residential areas which do not provide any playground at all and somewhich have are without any playground facilities. Some of the playgrounds have become dumping grounds for wood, rubbish and unused cars etc. Some playground facilities are in such a poor state of repair that it is obvious then have not been maintained regularly and properly. Most of the chairs are broken, long grass and weed could be seen in the playground since no maintenance or very little attention has been given to them by the local authority. Few trees are being planted but they are insufficient to attract the public to use the playground. Perhaps the Government should consider calling all the inhabitants of residential areas to jointly upgrade the playgrounds on Gotong-royong basis and after that be maintained by the Local Council. This will save a lot of the Government funds and will certainly draw public support. And, only then will our green town concept be implemented successfully. Also, once the land is allocated for playground, it should not be converted for other uses. The Government should not abuse the trust and mandate which the people have given them. EIA Report - Sibu Kemuyang Dumping Site Another issue is about the EIA Report on Sibu Kemuyang Dumping Site. On the 28th day of November, l996 Dewan Sitting the Honourable Minister for Environment and Housing informed this Dewan, (see Hansard at Page 94 on the 28th November, l996) ?that the EIA Report of the new site at the Kemuyang has been approved this month and a consultant has been appointed to plan for the use of this new dumping site. When this new site is commissioned, the old site will no longer be used and will be closed.? At the outbreak of Coxsackie B in Sibu in particular and Sarawak in general, I had written to the Honourable Minister for Environment and Housing pertaining to the state of affair at the dumping site at Jalan Seng Ling, Oya Road, Sibu, enquiring when the new dumping site at Kemuyang, Sibu, was to be commissioned. The Honourable Minister replied to my letter that the condition at the dumping site had improved as it had been covered with sand daily. Will the Honourable Minister make a statement in this House as to when the new Kemuyang dumping site will be commissioned? The issue is of great concern to Sibu people. I trust the Ministry will do whatever possible in their effort to make Sibu a clean and healthy town with clean air and nice environment. STATE TOURISM INDUSTRY The Honourable Finance Minister also pointed out in his Budget Speech
that undoubtedly the quality and diversity of the State tourism products
will enable Sarawak to emerge as one of the region?s premier tourist destinations.
A State managed tourism industry will further enhance the State?s
image in the area of culture adventure and nature tourism.
The Government intends to launch a campaign ?See Sarawak First? soon. I welcome this campaign. A lot of Malaysians and Sarawakians still do not realise how rich our cultures and biodiversity are in Sarawak. I just give a few examples:-
a. Mulu National Caves in Sarawak
can accommodate
d. The best museum in South-East
Asia, i.e. Kuching
Our culture and heritage should be widely advertised both locally and internationally. It is not surprising to hear that many state do not know much about each other?s culture. The Sarawak Tourism Board recently published a booklet namely, ?Golden Day In Sarawak, The Hidden Paradise Of Borneo?. It is superbly designed and printed. It contains a wide variety of information both for local people and foreigners. I do not know whether this booklet is going to be distributed to both private and public sectors, especially schools, learning institutions, government departments and tourist outlets etc. If not, I suggest it should be done so. One very important artery to attract tourists both locally and internationally is the improvement of infrastructure to the tourist destinations. At present, the way to go to Mulu Caves is either by boat or by plane. If the Government constructs a road from Miri to Marudi and from Marudi to Mt. Mulu, I strongly believe that there will be a lot of local people going to the caves and thus bring development to the area and push its economy to a higher level. I fully support Ahli Yang Berhormat for Marudi who said Marudi should be declared as a cultural town to attract tourists to the area. Recently, I went to Marudi. Indeed, it was a nice place and very clean. The only setback was that we did not have any road direct from Miri to Marudi and from Marudi to Mount Mulu. Had there been such a road thus making the area more easily accessible, I am sure tourists both locally and internationally be encouraged to go there. For international tourists, perhaps the State Government might consider to draw the support from local students to sell our tourism to the country in which they study during their holidays. This will help our tourism industry immensely and incentives should be given to the overseas students. I am sure this can be tried and if feasible be adopted by the Ministry. Public Accounts Committee Reports In the 29th Report of the Public Accounts Committee 1997 laid in this Dewan sitting, I only touched on one area, that was the arrears of revenue. On page 7 of the Report, I quote: ?The main issue is, until May, l994, out of 276 revenue collectors in the state, 16 of them have not submitted their returns. At the end of 1993, arrears of revenue reported by (285) other collectors amounted to RM366.4 million. The Public Accounts Committee noted the revenue collectors who have not forwarded their arrears of revenue statement though reminded to do so. It was also noted that the position on the submission of return by revenue collectors has not improved for the years 1994 and 1995. The 30th Report of the PAC, 1997, on page 4 provides, and I quote: ?The committee noted that in 1994 a total of 226 revenue collectors have submitted their return totaling to RM39,433,601.78 Only 53 revenue collectors have not submitted their return. Reminders have been issued to the respective revenue collectors and controlling officers by the Accountant-General and Auditor-General?. Why did the revenue collectors fail to submit their reports on time and why some of them even failed to submit their reports at all? The revenue collectors must submit their statement of arrears of revenue on time, that is before the 28th of February the next year. The committee noted that some did not submit any statement at all. The issue is, why some of the respective revenue collectors did not submit their statement before 28th February every year? The government should look into the matter seriously. Delay in submission of the revenue affect the government?s administration. For those consistently failed to submit their annual statements, they must face the disciplinary action taken against them or to be transferred to other departments. We need efficient civil service to implement our development projects. Only then we have the confidence in running the administration efficiently. HOUSING DEVELOPMENT - RM161 Million On the housing development, the Finance Minister in his Budget Speech said that a sum of RM161 million had been allocated to Housing Development Commission (HDC) to carry out its low-cost housing project. With rapid development and urbanisation, the provision of adequate and affordable housing for the lower income group will be an important aspect of our development agenda. Last year the government allocated RM160.8 million to HDC. DAP welcome the Government?s determination to provide fund for HDC despite the economic difficulties faced by our nation presently. Sarawak Housing Development Commission is given a rather tall order to deliver 64,000 units of low and medium cost houses in five years, that is from 1996 - 2000. The houses which are estimated to cost RM2.8 billion still fall short of the demand for some 84,000 such units in the State up to the end of this decade. The overwhelming urban migration certainly means demand for more low-cost houses. To boost supply, the State Government issued new guidelines in October last year to increase the density of low-cost houses to 18 units per acre which means that the homes would be smaller in size. This increase in the number of units though smaller in size is certainly a better alternative than having to squat illegally on the state land. I welcome this new policy. However, we must also bear in mind to design low-cost houses with reasonable standard and make them sustainable as well in the long term. The medium low-cost houses in Sibu Jaya, have been partly completed and some owners have already moved in. However, a word of caution that the Building Ordinance does not cover Sibu Rural District Council. It only covers Sibu Municipal Council as provided under the First Schedule of the Building Ordinance 1994. As Sibu Jaya area is under the jurisdiction of Sibu Rural District Council, the Building Ordinance 1994 should be gazetted to cover and extend to Sibu Jaya.. SMC NEW BUILDING On the construction of Sibu Municipal Council building in Sibu, the Honourable Assistant Minister for Environment and Housing this morning informed the Dewan that the piling work to the building had been completed in February, l997. The tender for the main building has not been called. Can the Honourable Minister inform this House whether it is true that all the land where the old airport was situated is going to be developed into a new commercial shopping area and that the proposed SMC building will be re-sited somewhere further into from the present road side? Secondly, whether the Honourable Minister will let this August House know as to whether the area is to be developed by a private company? If so, the name of the company. And thirdly, whether the Government intends to call for public auction of state land so that money received from the public auction can be channelled to the State Treasury for Government use. And fourthly, whether any compensation is payable to the contractor as the Honourable Ass. Minister said the tender for the main building has not been called. IMMIGRATION I will touch on the issue of immigration briefly. On various occasions there are Ministers, Federal Ministers or even the UMNO Youth calling for the review or the abolition of our immigration control. The abolition of immigration special entry into Sarawak has to get the consent from the State Government. So far the Sarawak State Government has not agreed to abolish the immigration control. When Sarawak joined the Federation of Malaysia as an equal partner, Sarawak wanted control over immigration into the State because we feared an influx of more sophisticated people from Malaya. The Malayan delegation prepared a paper on immigration as agreed at the Constitutional Sub-Committee. The Malayan Paper was entitled ?Federation Government Paper for the Constitutional Committee Control of Immigration Into Sarawak and Sabah?. The Paper consisted of three parts. Part A contained a proposal on immigration into Sarawak and Sabah from outside Malaysia. Part B contained a proposal immigration into Sarawak and Sabah from inside Malaysia, and Part C was a summary of the proposals and safeguards. The Malayan Paper pointed out that the Malayan Constitution gave no authority to the various States on immigration but Sarawak and Sabah insisted that:-
a. The Central Government
should guarantee that
Paragraph 148 (g) of the Report of the Commission of Enquiry, North Borneo and Sarawak, l962 headed by the Right Honourable Lord Cobbold, i.e Cobbold Commission recommended that due to the small population of the two territories in relation to their size, it was essential to provide them with protection against unrestricted movement of people from other parts of the Federation. The Commission?s Report provides, I quote:- ?We have no doubt that this is a legitimate and essential requirement. We think however that control over immigration into any part of Malaysia from outside rests with the central government subject to the proviso that such entry into Sarawak or North Borneo should also require the approval of the State Government concerned.? The Federal Government should guarantee that there should be no unrestricted entry for purpose of employment of person by the State Government except on ground of security. The Report further provides ?In view of the very special nature of the situation, we strongly recommend the appropriate constitutional provision to be made to facilitate such arrangement.? Therefore the State Government has been given the unfettered control over immigration. Perhaps the State Government should take a more restrictive view and do not relax the immigration control. Of course, a lot of people will be asking about the statement made by the MP for Jelutong on this matter. I would like to put on record that the MP for Jelutong, my very learned friend and a senior advocate was entitled to his personal opinion but what he had said in Parliament, had also been criticised and rejected by the Honourable Member of Parliament for Bintulu, my colleague in Parliament. Nobody dares to twist the fact that DAP is totally behind the State Government on the immigration control. DAP is totally behind the State Government not to relax or abolish the immigration control into our state. We are still far behind Peninsular Malaysia in terms of infrastructure and human resources development. . When we went to Kota Kinabalu for the election case, as Sarawakians, we had to apply for an ad hoc licence to practise in Sabah High Court and that is the constitutional arrangement when Sabah and Sarawak joined the Federation. And again, I say we are fully behind the State Government on the immigration issue. I do not want to deal with other issues which have been touched by the Ahli-Ahli Yang Berhormat in this Dewan. However, my last remark. The Dewan, is certainly the highest forum for the Ahli-Ahli Yang Berhormat to air their views, to put forward their suggestions, to make proposals and to discuss the State Government?s policies. It is certainly not a place to hantam the other Yang Berhormat for the sake of politicking. We treasure very much for being in this Dewan, as the most we can have is only four or five occasions to take part in the Budget Debate before the calling of the next State General Election. With that, I rise to take part in the debate.
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