Global BERSIH 3.0 - Around the World

Look at the number of participants of BERSIH 3.0 in Malaysia and in cities all over the world. Watch the video below and be encouraged that we are not alone:

BERSIH 3.0: Press Statement

BERSIH 2.0
PRESS STATEMENT
5 MAY 2012

SUHAKAM inquiry on Police Violence on April 28
While the government focuses on the breaching of the barricades at Dataran Merdeka by a few, and what they see as a threat to their power, there is a deafening and irresponsible silence about the unprecedented violence inflicted upon unsuspecting members of the public by the police force.

Whilst BERSIH 2.0 does not condone the breaching of the barricades, the legality of those barricades is questionable, as is the legality of the hurriedly obtained court order. We are also receiving information that much more was happening at the barricades than meets the eye.
The unanswered question still remains – who is responsible for the untold violence upon participants of the Duduk Bantah that occurred after the first tear gas was fired?
Evidence based on medical reports of some of those who were detained by the police appear to show that some members of the police force were out to punish those who wore BERSIH 3.0 t-shirts, anti-Lynas t-shirts or any yellow t-shirts, by inflicting excessive and completely unjustified violence on them.

Some detainees were attacked at the time of arrest, when they were in shops dining, or about to board LRTs while others were attacked after arrest and despite the absence of struggle. Some were alleged to have been assaulted by over 30 police personnel. Many speak of having to “run the gauntlet” of police personnel and beaten repeatedly before being loaded onto police trucks.

The brutality suggests that a segment of the police force on duty that day had acted with vengeance against BERSIH 3.0 participants whether due to orders given to them or because they had lost control. There are too many reports of police officers who were wearing blue police uniforms but without their names and police identity numbers so as to prevent the victims of violence from identifying the perpetrators of police violence.

In addition to BERSIH 3.0 participants, it must not be forgotten that more than 12 photographers and journalists were assaulted, intimidated or detained by police while reporting the rally, and cameras, memory cards and video equipment were taken away.

Given the violence towards members of the media, we find it shameful that fellow members of the mainstream media, continue with their blatant censorship of the news on the violence committed against civilians by the police. It is at this critical time that the media must step up to the plate, serve the interests of justice and report the truth and the whole truth. In not doing so, they fail the rakyat and their fellow journalists, many of whom (including those in the mainstream media) are now bravely voicing their concerns. We support these journalists who are claiming their rights as professionals.

The proposed independent panel

The "independent panel" that is to be set up is to apparently look into violence against journalists only. What of violence against the other participants? Is that unimportant to the government? BERSIH 2.0 calls upon SUHAKAM to conduct an urgent independent inquiry into one of the most extensive acts of violence perpetrated by the authorities upon the people of Malaysia.

The Rejection of Stadium Merdeka

As to the rejection of the stadium by BERSIH as a reason for the violence, this is wholly without basis. The offer for Stadium Merdeka came too late for BERSIH 2.0 to re-organise its event. It is evident from the vast number of people who turned up that day that any change in venue at the last minute would have created certain chaos on the day. We were therefore right in the decision not to change venue at short notice.

In hindsight, we believe it was also a good thing not to have accepted the Stadium Merdeka. Given the conduct and ill intent of some of the police force, the Stadium would have been a trap that would have been wholly unsafe for the participants.

Overthrowing the Government?

As far as the statement about overthrowing the government is concerned, BERSIH 2.0 rejects it entirely. BERSIH 2.0 wants free and fair elections. The Government has not explained how occupying Dataran Merdeka constitutes a threat to Government, or an attempt to overthrow the Government.

It is our wish that any changes to those who will ultimately represent us in government be made through the ballot box in elections that are clean and fair.

Which brings us back again to BERSIH’s demands. Are they all going to be implemented before the 13th G.E.? Are the EC Chairman and Deputy Chairman going to be asked to step down if it is confirmed they are UMNO members?

Those that choose to ignore the cry of over 250,000 people for clean and fair elections, by labelling it something else, insult the intelligence of the people. What we want is for candidates who win the elections to do so honourably. And what we need to see now are statesmen and stateswomen who handle the grievances of the people sensitively and responsibly.


Salam BERSIH!

Steering Committee
Coalition for Clean and Fair Elections 2.0 (BERSIH 2.0)

The Steering Committee of BERSIH 2.0 comprises:
Dato’ Ambiga Sreenevasan (Co-Chairperson), Datuk A. Samad Said (Co-Chairperson), Ahmad Shukri Abdul Razab, Andrew Ambrose, Andrew Khoo, Anne Lasimbang, Arul Prakkash, Arumugam K., Awang Abdillah, Dr Farouk Musa, Hishamuddin Rais, Liau Kok Fah, Maria Chin Abdullah, Matthew Vincent, Niloh Ason, Richard Y W Yeoh, Dr Subramaniam Pillay, Dato’ Dr Toh Kin Woon, Dr Wong Chin Huat, Dato’ Yeo Yang Poh, Zaid Kamaruddin.

BERSIH 3.0: Bar Council to hold EGM

The Malaysian Bar Council chief Lim Chee Wee has called for a EGM (Extraodinary General Meeting) next Friday 11 May 2012 to discuss a motion “in relation to the events of and surrounding the public rally on 28 April 2012 organised by Bersih 3.0, and matters in connection therewith”.

Lim said Police brutality this time around has been magnified; there is more police brutality (compared to last year.) There was arbitrary use of tear gas, water cannons.

The events showed an “urgent” need for the police force to undergo a “transformation programme”, to be changed by force of statute through the establishment of the recommended Independent Police Complaints and Misconduct Commission (IPCMC).

Event: EGM
Venue: Sunway Putra Hotel (formerly Legend Hotel)
Date: Friday 11 May 2012
Time: 3pm

Resolutions

1. Call on the police to identify errant personnel and surrender them for prosecution,

Innocent Malay woman shot by police

Alerted by email to this innocent Malay lady who was shot by police for no apparent reason below. Brief transcript below if you have no time to listen to the video. Was asked to spread the story widely so let your friends and relatives know about this:

Transcript

After being shot 5 times by the police, Norizan was dragged this lady out and down to the ground and then kicked her with booted feet and broked her ribs.

Norizan Salleh is an innocent woman, was travelling in a car, has not been charged for any offence. Never had trouble with the law before, and for no reason whatsoever, the police fired at her car and almost killed the lady. One bullet was lodged right next to the heart.

Surendran's shock and disappointment is this. Despite such clear evidence of wrong doing on the part of the police, the Minister Hishammuddin has said that the police acted properly and no action will be taken against the police.

International standards are very clear. Police can only shoot if there is actual danger to the lives of the police themselves. These people are unarmed people travelling in a car. So what is the justification of the police in shooting her?

There has also been a false story spread by the police that the police had to shoot at the car in self defence because the car that Norizan was travelling in had tried to ram the police.

This is a lie, and Surendran will prove why it is a lie. The bullet that entered the car entered from behind. So if they were trying to ram the police car, how can the bullet come in from behind?

Norizan explained further in Bahasa Malaysia including explaining that there were not even a road block.

BERSIH 3.0: Broadband jammer cut mobile phone communications

During BERSIH 3.0 while I was waiting for the rally to start at Jalan Sultan, I noticed that there was no line on my handphone and therefore could not communicate with others. Now I know why. The sneaky authorities had deployed broadband/handphone/mobile jammer on the street.

Here is one spotted at Jalan Leboh Ampang in front of HSBC:

It seems such jammers are banned in many countries and only allowed for military or prisoners situations but deployed in Malaysia to disrupt communications during BERSIH 3.0

You can see a similar one over at
http://jammer.at-communication.com/en/secure/saj_2000m.html

EC Deputy Chairman Wan Ahmad lied?

According to the report in Malaysiakini below, the Election Commission deputy chief had told the foreign Fact Finding Mission that they had proposed to the Parliament outstation Sabah and Sarawak voters be allowed to cast their ballots without having to return to East Malaysia (postal voters), but that the Parliament rejected it.

However, the fact finding team found out that the PSC (Parliament Select Committee) had proposed it to the EC as clearly stated in their report but that the EC had refused to implement it in the next election.

So is Wan Ahmad a liar? Read for yourself the article EC lies to mission about postal voter proposal courtesy of Malaysiakini below:

EC lies to mission about postal voter proposal

Kuek Ser Kuang Keng
11:15AM May 5, 2012

The Election Commission had allegedly told an international mission that the Parliament had rejected the proposal to introduce postal voting for Sabah and Sarawak voters working in peninsular Malaysia.
However, the report by parliamentary select committee (PSC) on electoral reform released last month revealed that it was the EC that gave the thumbs down.
According to the 12-page interim report from the seven-memberinternational fact-finding group on Malaysia's electoral system, the negative response came from EC deputy chief Wan Ahmad Wan Omar (left).
The report states that the group has found out that these people working in the peninsula face difficulties in returning home to vote, recommending that legislation be introduced for them to be absentee voters.
However ,Wan Ahmad told the group: "That's the reality in Malaysia. They should change their registration (addresses). We proposed that Parliament legislate to introduce postal voting for the people in Sabah and Sarawak. Our proposal was not accepted".
In fact, the PSC report had stated clearly that one of electoral reforms proposal is to allow outstation voters to cast their ballots without having to return to their constituencies.
Evidence of EC digging in
The report added that the EC refused to implement it in the next general election, only agreeing to study the proposal futher in relation to Article 119 of the Federal Constitution, which stipulates that an eligible voter must be a resident in his or her voting constituency.
It is among the six preliminary proposals rejected by the EC.
The international group also noted that the Federal Constitution empowers the EC to compel state-owned media to give parity ofcoverage for political parties during the election campaign period, but the EC chose to adopt a narrower interpretation of the clause.
The group pointed out that Article 115(2) of the Constitution which states that "All public authorities shall on the request of the (Election) Commission give the Commission such assistance in the discharge of its duties as may be practicable" can be used by the electoral body to ensure fair reporting.
But the group's interim report records Wan Ahmad as replying that the Article empowers the EC to obtain "logistical assistance only".
To clear doubts on this matter, the group recommended clear legislation to compel state-owned media to provide fair coverage.
In the absence of a legal provision, the group proposed that the EC exercise its moral and persuasive authority by releasing a report each day of the campaign on its views whether public and private ational TV stations have provided balanced coverage over that 24- hour period.
It reiterated that the Constitution provides the EC with wide latitude in the conduct of the electoral process.
The group comprises Australian senator Nicholas Xenophon, Pakistani senator Hasil Khan Bizenjo, Filipino University of East College of Law dean Amado Valdez, Germany's Freidrich Naumann Foundation for Freedom coordinator Juliane Schmucker, University of New South Wales associate professor of politics Clinton Fernandes, Indian journalist Mobashar Jawed Akhbar and the Indonesian International Scholars Association chairperson Mohamad Nasir Tamara Tamimi.
They visited Malaysia from Apr 25 to 29 at the invitation of Opposition Leader Anwar Ibrahim's office to assess the Malaysian electoral system.
During a press conference to release the findings last Sunday, Bizenjo described the EC as "backward", a cause for the country's weak democracy.
Besides Wan Ahmad, they had met with Umno secretary-general Tengku Adnan Tengku Mansor, Minister in the Prime Minister's Department Nazri Abdul Aziz, Bersih steering committee member Maria Chin Abdullah, Selangor MB Khalid Ibrahim and Anwar.
The group had also heard disturbing testimony from a former senior military officer, who requested anonymity, on the pervasive fear among military personnel regarding the secrecy of their votes during the 2008 election.
The report quoted the ex-officer as saying: "There was a definite fear factor among the soldiers that if they did not vote for the government they could be victimised because they knew that their vote could be traced".
"Troops would discuss this in front of me. I and other officers would say 'You can vote any way you want'. Troops would laugh and say 'Who will give us protection if we're traced?
"It was common and widespread knowledge among military personnel that they knew they could face retribution if they voted the wrong way."
Hence the group recommended that the postal vote system for military personnel be reformed and protocols changed to ensure fair practice.

MyKad with expiry date - electoral roll hanky panky?

Here is a photo of MyKad (Malaysia Identity Card) with an expiry date:

Is the Registration Department conspiring with the Election Commission to create phantom voters to help UMNO/BN retain power?

Many Bersih 3.0 participants on the run in streets of KL found that they had problems using their phones, there were no lines. Did you know that they carted jammers onto 4WD and parked them along strategic areas to be effective to jam handphones?

The BBC and Aljazeera experienced news censorship, one of the many cases of info suppression and destruction of their media hardware. That's how evil and brutal the desperados have become.

BERSIH 3.0: Police truck passing through Masjid Jamek

BERSIH 3.0 at Jalan Tun Perak, Masjid Jamek as a police truck passes through the dense crowd:

BERSIH 3.0: March from Jalan Sultan to Kota Raya

The march from the Jalan Sultan Jalan Petaling junction to Kota Raya

BERSIH 3.0 Speech at Jalan Sultan - Jalan Petaling junction

The speech and song at the Jalan Sultan - Jalan Petaling junction just before the start of the march to Kota Raya to Jalan Perak to Masjid Jamek:

Ambiga: Bersih kept its promise, but cops didn't

Ambiga: Bersih kept its promise, but cops didn't

3:06PM May 1, 2012

Bersih 2.0 has denied Prime Minister Najib Abdul Razak's claims that the movement broke its promise to keep its rally on Saturday peaceful.
In a press release today, Bersih co-chairperson Ambiga Sreenevasan said the police had broken their promise of protecting the innocent.
"(Instead, they) turned on us and betrayed the trust of all peace-loving Malaysians," said Ambiga.
She said Bersih had discharged its duties fully and had full control of the rally until the first tear gas was fired, as noted by reported acts of violence.
"Once that happened, the burden shifted to the police to handle the situation that they had created.
"The responsibility became theirs," said Ambiga, in a lenghty three-page statement.

A shared burden
Ambiga, a former Bar Council president, argued that in advanced democracies where freedom of assembly is respected, both organisers and the state have equal responsibility to ensure peace and security.
But in the case of the rally last Saturday, the state had imposed the entire burden on Bersih.
She said Bersih had done its part by declaring the rally a success and instructions to disperse were issued.
"Bersih 2.0 does not condone the breaching of the barricades and the parties responsible should account to the public for their actions," she said.
However, Ambiga questioned whether the breaching of the barricades at Dataran Merdeka, which triggered the police crackdown, was a justifiable excuse for the "disproportionate and excessive" use of force.

Was it justifiable?
She pointed out that at the time, the majority of participants were already dispersing.
"The police were therefore only justified in taking reasonable measures to push the participants back beyond the barrier," she said.
What was not justifiable was the act of chasing after protesters around Kuala Lumpur, beating them, lobbing tear gas at them and closing down the Masjid Jamek LRT station, said Ambiga.
"The chilling reality is that the brutality shown this year by the police far exceeded the brutality shown last year."

Don't change the subject
Despite all the attention now being directed at the violence seen at the rally, Ambiga said the authorities must not forget that Bersih 3.0 had gathered a 250,000 strong crowd.
(Malaysiakini estimated that the figure was closer to 100,000.)
Ambiga said the crowd gathered for a common purpose - true electoral reforms - for hours under the sun.
"They were the young and the old, Malaysians from different backgrounds. They came from the Klang Valley and from as far away as Sabah and Sarawak.
"They came despite the threats by the government, the lack of transportation and the roadblocks placed in their way. And they were not the only ones.
"Thousands of other Malaysians gathered in Penang, Malacca, Johor, Kuching, Sibu, Miri, Kota Kinabalu and in more than 80 cities around the world.
"These are the true faces of Malaysia. They are a reflection of the true will and aspirations of Malaysians," she said.
Investigations needed
Meanwhile, Ambiga also commended PAS' uniformed welfare outfit - the Unit Amal - and police personnel who did not perpetuate the violence for maintaining order during the earlier half of the rally.
"I also state that there were many police on that day who did act with restraint and honour.  But there were others who clearly got a different memo from the top. 
"They were ruthless and behaved like thugs inflicting maximum damage on the retreating participants. There were instances when they deliberately instigated the crowd," she said.
Ambiga said evidence was continuing to emerge and Bersih 2.0 was compiling such data.
She urged the Human Rights Commission (Suhakam) to conduct an inquiry, because many quarters have much to answer for.
"If Bersih 2.0 has to answer questions, and we will readily do so before an independent inquiry, then the government has much more to answer for," she added.

BERSIH 3.0: Police intend to punish protesters

It seemed clear that the police did not just fire tear gas cannisters to disperse the crowd but had intention to punish participants, probably to discourage future participations.

Why would I say so? Because police fire tear gas cannisters in order to box in the fleeing crowd. Not only that, why else would they shut all the nearby LRT stations even around 5pm when people were trying to leave if not to trap them where they are?

Here is an account of a very elderly lady in the 70's:

"Stumbled our way to the back but met with more tear gas coming now from the Jalan Raja Laut area. Nowhere to run. How to disperse? Why were they trapping people by firing from front and back? Such confusion for everyone fleeing and not knowing where to run."

Source: Bersih 3.0: Malaysia at its best and worst

BERSIH 3.0: Police brutality accounts by victims

The police during the BERSIH 3.0 rally for free and fair elections assulted some protesters in groups, probably to try to intimidate future participants from further participating.

Some of the victims of police brutality related their ordeal to Bersih at a press conference organised a day after the protest.

Many of the protesters claimed the police carried no name tags or identification numbers on their uniforms when they launched their attacks at about 6pm. The assault lasted for three hours.

These are not wild allegations; pictures of the injuries suffered by the protesters as a result of being beaten by the police are proof that the federal government had no intention of allowing the rakyat to exercise their fundamental right to assemble and voice out their unhappiness.

A protester, Adrian Low, 38, said he was repeatedly stomped on his back even after he was detained. His back still carries the footprints of the police boots.
Another protester, Nurul Amani Faizal, 28, said that 10 male police officers charged at her and beat her.
“They had just fired a tear gas at Masjid Jamek so my friends and I ran in the opposite direction. I wasn’t wearing the Bersih T-shirt but I was a rally participant. They caught hold of me and beat me.

“Then one officer slapped me and asked a female officer to arrest me,” she said, adding that she sustained injuries in her lower back.
Yet another protester, Mohamad Fazwan Yusoff, 23, sustained bruises to his face and left eye. He was about to leave Masjid Jamek when the police dragged him and assaulted him.
“My friends and I saw the police step on a lady so we went to help her. Suddenly, a group of policemen appeared and attacked us too.
“I don’t remember how many charged at me but I was beaten for several minutes and they didn’t stop even in the police truck.
“They just continued their assault,” he said.

Never-ending police brutality
Bersih steering committee member, Wong Chin Huat, who was also arrested, has said it is not unusual for the police to continue their insults and assaults even after the protesters were detained.
“They only stopped beating me when I fell to the ground; even then, they continued to shout racial insults in the trucks,” he had said.
Wong revealed that Bersih were told of policemen who were dressed in yellow Bersih T-shirts while videographing the detainees in the police trucks and detention centres.

SUARAM wants photos & videos of agent provocateurs

SUARAM need attention and help to disseminate information to those who have seen and who have become victims of police brutality and some individuals suspected of being an agent provocateur.

They want to submit the evidences to the relevant bodies like SUHAKAM, KDN, PM office and Bukit Aman for thorough investigation.

What we need are:
1. Photos
2. Video
3. The names and telephone numbers of witnesses who were detained and witness violence by police and agents provocateur.

Tel: 03 77843525 Email: detention@suaram.net

Please submit this details to SUARAM by THURSDAY 3 MAY 2012. Please contact Theva at 013 3845740 or Nalini at 019 3758912 for further info.

SUARAM is Suara Rakyat Malaysia, (Malay for "Voice of the Malaysian People") and a human rights organization

Hishammuddin freudulent slip: Police consification of press cameras SOP

Hishammuddin Hussein, Malaysia Home Minister, probably made a Freudulent slip of tongue revealing he had issued an order for police to confisicate journalists' cameras and memories.

He was reported as saying the confisication of the press cameras was police "Standard Operating Procedure", revealing his silly infantile brain for it does not need an intelligent person to know that if true, it would reflect very badly on the police.

It was thus left to the IGP (Inspector General of Police) Ismail Omar to say that the police do not have a Standard Operating Procedure (SOP) allowing them to seize media equipment including cameras or memory cards.

What a dumb ass.

Labour Day: Najib's minimum wage lower than Penang

PM Najib Abdul Razak has set Malaysia's minimum wage at RM900 on Labor Day but Penang Chief Minister Lim Guan Eng said Penang had set its minimum wage at a higher RM1,100 (including allowances and cost of living) but excluding overtime pay.

Lim Guan Eng also stressed that implementing minimum wage alone is not sufficient to raise the people's standard of living. It also have to be accompanied by structural reforms in the economy, higher productivity jobs and increasing women participations in the workforce.

BERSIH 3.0: ASTRO censored/doctored BBC report

Sarawak Report has reported that BBC is currently investigating if ASTRO when broadcasting BBC News report on BERSIH 3.0 had doctored it by removing segments while replacing some

It had uploaded a video (below) comparing the original BBC news report with that broadcasted by ASTRO:



"Thirty seconds appears to have been cut out of the doctored version on Astro, after the removal of three separate sequences, one which showed a policeman on a motorbike apparently firing at demonstrators.

"The two other sequences that were removed included interviews with demonstrators, explaining why they felt they had to take to the streets to defend the right to fair elections," it said in the article.

BERSIH 3.0: Police punished demonstrators?

The police who let loose tear gas cannisters near Masjid Jamek, were they trying to disperse the crowd or were they punishing the protesters?

If what Chua Jui Meng, former Health Minister and current PKR Vice-President said is true, it sounds more likely that the police were tear gassing the crowd not to disperse them but to punish them, and this seemed to be buttressed by what happened elsewhere.

According to Chua Jui Meng, he was trapped inside Masjid Jamek when he together with others which include many senior citizens sought refuge there. Chua said he negotiated with a police officer holding the rank of assistant commissioner, wearing a name tag saying ‘Jamal' to allow them a free and safe passage out of the area and 'Jamal' agreed.

However, as they were leaving the mosque, the police fired tear gas and water cannon at them. Not only that. Chua said that the tear gas was stronger and more stinging than those used at BERSIH 2.0

"I too suffered difficulty in breathing and was choking. I thought I was going to die there as I felt a strong burning sensation in my lungs.

"There were many, many people at Bersih 3.0 and I could not run anywhere. I see that the government is taking punitive measures to punish the rakyat by using such devices," Chua said.

Source: Police broke word by firing tear gas near Masjid Jamek

Najib Razak Baginda wants to be paid quickly?

Just who is this "Razak wants it to be paid quickly" in a handwritten note accompanying 360,000 euro (RM1.44 million) paid to a mysterious Hong Kong Company by Thint Asia (French defence company Thales International Asia)?

Is it Najib Razak the current Prime Minister of Malaysia or is it Razak Baginda, his close confidant who was implicated in the murder of Altantuya Shaahriibuu?

Read the article A mystery HK company in Scorpene scandal below courtesy of Malaysiakini and decide for yourself:

A mystery HK company in Scorpene scandal

John Berthelsen
11:11AM May 1, 2012

For a company that allegedly received at least 36 million euro (RM144 million) from an offshoot of the French defense company DCN, Terasasi (Hong Kong) Ltd is a mysterious company indeed.
It is one of at least 142 names listed on the directory on the 19th floor of a skyscraper at 3 Lockhart Road in Hong Kong's Wan Chai district.
The 19th floor's main tenant is a company called Union Alpha, the Hong Kong arm of an accounting firm that provides "professional services to meet clients' daily business needs, both in Hong Kong, Greater China and globally," including auditing and assurance services, management consulting, accountancy and other services, according to the firm's website.
There is no indication of what Terasasi's business is. It is only listed in the Hong Kong Companies Registry as a "local company".
Asked about the nature of Terasasi's operations, Monique KL Chan, a senior officer at Union Alpha, told Asia Sentinel that "we cannot discuss confidential matters of our clients."
She referred Asia Sentinel to her boss, whom she said was in a meeting. He did not immediately answer a request for a phone call.
Terasasi, however, is at the centre of allegations that at least some of the 36 million euro (RM144 million) was funneled through its accounts to Malaysian Prime Minister Najib Razak as a commission on the sale of two Scorpene submarines purchased from the French defence company Thales International, also known as Thint Asia.
The two directors of Terasasi Hong Kong, which was first incorporated in Malaysia, are listed in the Hong Kong Companies Registry as Abdul Razak Baginda, formerly one of Najib's closest friends, and Razak Baginda's father, Abdul Malim Baginda.
There is no indication, for instance, who Terasasi's bankers might be, but they might be beginning to take notice.
That is because Hong Kong's money-laundering law makes it an offence for bankers, lawyers or accountants to deal with property they know or have reasonable grounds to believe represents the proceeds serious crimes.
Offenders are subject to a maximum of 14 years in prison. Records must be kept on any transaction over HK$8,000, the rough equivalent of US$1,000.
Tough money-laundering laws
The Hong Kong Monetary Authority's (HKMA's) voluminous guidelines put the onus on banks and other financial institutions and their professional employees to ensure that companies follow legal guidelines on deposits.
As required by the guidelines, banks make it a common practice to subject all employees dealing with the transfer of funds to regular, detailed briefings on money-laundering statutes and the penalties involved.
The need to guard against money laundering received new impetus in 2004 when the Hong Kong Monetary Authority urged banks to be especially alert to the possibility of money laundering as the territory prepared to become an outlet for yuan-denominated deposits.
In June of that year, the HKMA issued a supplement to the territory's anti-money laundering guidelines, setting out ‘Know-Your-Customer' principles, taking account of the requirements of a paper on ‘Customer Due Diligence for Banks' issued by the Basel Committee on Banking Supervision.
French investigating magistrates Roger Le Loire and Serge Tournaire, who were appointed at the Paris Tribunal de Grande Instance, who are probing the sale of the submarines have indicated they would like to interview the Malaysian prime minister as well as Abdul Razak Baginda, who now lives in the UK.
However, any possibility that the French authorities could interview the prime minister of a sovereign state concerning bribery allegations is extremely slim - although the question could complicate any of Najib's future plans to vacation in Europe.
It is unknown if French authorities have asked Hong Kong authorities for help into looking into Terasasi's activities. Cecily Chik, a senior press information officer with the Independent Commission Against Corruption (ICAC) in Hong Kong told Asia Sentinel only that the agency does not comment on operational matters.
In addition to being a close Najib associate, Abdul Razak Baginda is the former head of a Malaysian think-tank who was at the centre of a 2006 investigation into the notorious death of Mongolian translator and party girl Altantuya Shaariibuu.
It was previously revealed on the floor of the Dewan Rakyat, Malaysia's parliament, that a company called Perimekar Sdn Bhd received another 114 million euro (RM457 million) as a commission on the sale of the vessels, from an offshoot of Thales and DCNS called Armaris.
Perimekar at the time was wholly owned by another company, KS Ombak Laut Sdn Bhd, which in turn was also controlled by Razak Baginda and his wife, Mazalinda. Perimekar is now 20 percent each owned by the military retirement system LTAT and Boustead Holdings.
Probe on three contracts
The French news agency Agence France Press recently reported that the probe by the French investigating magistrates involves three contracts for the submarines which were signed on June 5, 2002.
According to the documents, the contracts had two components: the sale of two submarines built by Thint and the Spanish shipbuilding firm Izar, for 920 million euro (RM3.7 billion); and the delivery of "logistical support" from Perimekar Bhd - the 114 million euro (RM457 million) - to train the first 200 Royal Malaysian Navy personnel although there is no indication that the company had the wherewithal to train them.
The contracts cited by AFP included the 114 million euro (RM457 million) one paid by the Malaysian government to Perimekar. The second, called "C5 contract of engineering business," was concluded in August 2000 between DCNI, a subsidiary of DCN, and Thales International Asia worth some 30 million euro (RM132 million). The third was the "consulting agreement" signed in October 2000 between Thint Asia and Terasasi.
The French investigators are also studying one of the invoices issued by Terasasi in August 2004 for 359,450 euro (RM1.44 million) sent to Thint Asia. For investigators, "it appears that... the amounts paid to Terasasi ultimately benefited Najib, the defence minister, or his adviser Razak Baginda."
French authorities say Terasasi apparently received regular payments from Thint Asia, including one for 360,000 euro (RM1.44 million) that was accompanied with a handwritten note saying "Razak wants it to be paid quickly." There is no indication if the Razak in question was Najib Razak or Razak Baginda (left).
The magistrates have documents that show that the money was funneled from Thint Asia to Terasasi - 3 million euro (RM12 million) when Terasasi was still domiciled in Malaysia, and 33 million euro (RM132 million) after it was incorporated in Hong Kong.
There is no indication at this point where the money went. French investigators, however, theorise that it was part of 146 million euro (RM585 million) that may have been funneled to officials of Umno and Najib, who traveled with Abdul Razak Baginda several times to France as defence minister at the time the Malaysians purchased the submarines from DCNS.
On at least one trip in 2004, Altantuya, then Razak Baginda's lover, accompanied him to France as a translator. He later jilted her, impelling her to come to Kuala Lumpur to demand US$500,000 (RM1.5 million) from him. In a handwritten letter found after her death, she wrote that she was attempting to blackmail him, although she didn't say why.
Two of Najib's bodyguards were convicted of shooting her in the head and blowing up her body with plastic explosives in September 2006, possibly to hide the fact that she was pregnant when she was killed.
Because her killing does not appear to be connected to the scandal, French investigators are not looking into the causes of her death or the reasons behind it.
Although Razak Baginda was charged with abetting her murder, he was released without having to put up a defence.
Najib's former bodyguards remain on death row in Malaysia. Their appeal against the death penalty has been delayed, presumably until after national elections that had been expected June this year although elections plans may have been derailed by a massive rally on April 28 calling for election reform.
Money used for bribery was tax deductible
Under the bribery conventions of the 32-member Organisation for Economic Cooperation and Development, the French defence contractors could be liable for criminal sanctions if it is proven that no real services were delivered by the companies. Under French law, violators are liable for up to 10 years in prison.
Joseph Breham (right), a lawyer with Solicitors International Human Rights Group which was engaged by the Malaysian reform NGO Suaram, said in October last year that DCNS often budgeted as much as 8 to 12 percent of its total receipts as "commissions" to grease sales of armaments in third world countries.
Breham said Perimekar had received the commission for "supporting the contract," which he said was a euphemism for unexplained costs, and also for "housing the crew" of the submarines in France.
In France, before 2002, any money used to bribe foreign officials was tax deductible. When the former finance director of DCN made a claim for 31 million euro (RM124 million) allegedly used to bribe the Malaysians for the purchase of the Scorpenes, Breham said, the budget minister questioned such a large bribe, although he did eventually authorise the tax break.
Olivier Metzner, a lawyer for Thales, told the French daily Le Parisienthat "we have already demonstrated to investigators that there was no corruption in this case."
However, a confidential memorandum made available to Asia Sentineland Free Malaysia Today states that: "The beneficiaries of these funds are not difficult to imagine: the family clan and Razak Baginda relations. In addition, these funds will find their way to the dominant political party (Umno)."

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JOHN BERTHELSEN is the editor of Asia Sentinel.