Why should an organisation devoted to saving “succeeding generations from the scourge of war” make it its business to authorise war?
In the 70 years since the inception of the UN, the world has unfortunately witnessed many theaters of conflict.
SEVENTY years ago, the Charter of the United Nations solemnly proclaimed that the people of the UN were determined to “save succeeding generations from the scourge of war” and to “establish conditions under which justice … can be maintained”.
Peaceful resolution of disputes was the over-arching ideal of the Charter. However, the Charter permitted two exceptions under which recourse to war was permissible:
> Under Article 51, a nation can defend its sovereignty against an armed attack.
> Collective use of force can be undertaken under Chapter VII of the Charter under a resolution of the UN Security Council.
In the euphoria of the establishment of the UN, these two provisions were regarded as just and fair exceptions to the prohibition on the use of force.
But with the tragic misuse of UN authorised interventions in Afghanistan, Libya and Syria, one is made to wonder why an organisation devoted to saving “succeeding generations from the scourge of war” and securing peace and justice should make it its business to authorise the revolting actions that necessarily flow from war.
It is therefore timely to demand that the provision relating to collective use of force under Chapter VII be reviewed or repealed.
Spiralling wars: In the 70 years since the inception of the UN, the world has unfortunately witnessed many theatres of conflict. In a nuclear age, the savagery of war has become even worse. The grounds on which war can be waged have expanded. Anticipatory self-defence: Some powerful nations like the US and Israel have interpreted the Charter to read into it the right of pre-emptory attack or anticipatory self-defence.
Humanitarian intervention: A new ground of “humanitarian war” without the authority of the UN has been established extra-legally by the American-European Union Alliance.
Regime change: Wars for the purpose of regime change were and are being waged in Afghanistan, Iraq, Libya, Syria and Yemen.
Proxy wars: Many rich and powerful states are fomenting civil wars and supporting armed mercenary forces for the purpose of subverting the sovereignty of other states. Tragic examples are Yemen, Libya, Syria and Ukraine.
Privatising torture: Since the 90s, wars, incarceration in overseas prisons and torture have been privatised. This is a wicked way of avoiding accountability under national laws.
Terrorism: Unspeakable horrors are being committed by terrorist groups like the IS. However, it must be stated that all terrorism, whether by private groups or state actors, is an abomination. On the pretext of combating terrorism, many states are committing atrocities both within their territory and abroad.
Targeted killings: Extra-judicial assassinations of the officials of other states or national liberation movements are being carried out by drone attacks, special-forces units or covert operations.
Humans as guinea pigs: Some nations are developing, deploying and testing their new weapon systems in countries that they invade or occupy – countries like Afghanistan, Iraq and Gaza whose population has become a guinea pig for testing deadly weapons.
Threat of missile attacks: Threats of missile and nuclear attacks have become standard language of foreign policy. This is a violation of international law.
Selective sanctions: In the name of human rights, sanctions are being enforced but in a very selective way by the Security Council and by individual nations against their opponents. This is despite overwhelming proof that sanctions hurt innocent civilians and cause untold misery and deprivation to the weakest members of society.
The ICC: The International Criminal Court has gone into operation. But nations like the US and Israel refuse to join it. The UN Security Council and the ICC have brought to book a few war criminals. Sadly, the work of the ICC shows a terrible ethnic bias against Africa. Mass murderers from the USA, EU and Israel remain immune.
Cold War reignited: The Cold War has become reignited and with it new theatres of conflict as in Ukraine are causing massive loss of life.
Merchants of death: The arms trade continues unabated and ignites and fuels regional wars and retards the search for political solutions to international disputes. All arms traders are merchants of death but enjoy a prestige and wealth unknown to many other professions.
Western exceptionalism: Western unilaterism is a sad reality of geopolitics today. In the last decade itself, there were full scale invasions of Afghanistan and Iraq on trumped up charges plus bombing of Pakistan, Yemen, Somalia, Libya and Syria. In Yemen, Libya and Syria, western proxies are in the forefront of the so called civil war.
US drones blow up “enemy combatants” in many parts of the world with sickening regularity. Despite its professed belief in democracy, Washington has a sorry record of collaborating with right-wing military officers to overthrow elected leaders who do not do Washington’s bidding. The latest victims are Morsi in Egypt in 2013 and Yanukovych in Ukraine in 2014.
On July 3, 1988 the United States shot down an Iranian Airbus killing 290 passengers. The Western world expressed only muted regret.
Genocide in Palestine: US and European complicity with Israel in the 67-year old genocide of the Palestinians is an undeniable fact. As I write, Israel continues to butcher children, women and civilians in Gaza.
Srebrenica: Dutch complicity in the massacres in Srebrenica is well documented.
Structural violence: Add to these military atrocities, the structural violence and oppressive economic systems of the West. There is a desire to consolidate an uncompromising version of corporatism that seeks total economic hegemony over Asia and Africa.
Environment: An environmental catastrophe is awaiting the world unless we take adequate measures to control the threat. Needless to say that part of the ecocide is contributed by the use and misuse of weapons of mass destruction.
In sum, it is a pretty grim situation in the world today. What can be done to bring about a more peaceful and just world? There are obviously no simple solutions. A comprehensive, holistic approach is badly needed.
Reflecting On The Law by Shad Saleem Faruqi
Shad Faruqi, Emeritus Professor of Law at UiTM, is a passionate student and teacher of the law. He can be reached at prof.shad.saleem.faruqi@gmail.com. The views expressed here are entirely his own.
As
possibility of third world war exists, China needs to be prepared. US
vs Russia. As the Ukrainian crisis deepens, international observers have
become more and more concerned about a direct military clash between
the US ...
The
decade-old wars in Iraq and Afghanistan have cost the lives of hundreds
of thousands of civilians, but the mainstream media outlets in the US
have largely ignored the tragedies and focused on the loss of their own
troops.
(From L) Chinese First Lady Peng Liyuan, China’s President Xi Jinping, Indonesia’s President Joko Widodo, his wife Iriana Widodo, Malaysia’s Prime Minister Najib Razak, his wife Rosmah Mansur, Mufidhah, wife of Indonesian Vice President Jusuf Kalla, Jusuf Kalla and Cambodian Prime Minister Hun Sen walk down the street with other Asian and African leaders during ceremonies marking the 60th anniversary of the Asian-African Conference in Bandung on western Java island on April 24, 2015. Bandung was the site of the landmark 1955 Asian African Conference, credited with galvanising momentum towards the creation of the Non-Aligned Movement. - AFP
Bandung 2015 is a chance to build on the cooperation among developing countries launched by Bandung 1955.
LAST Friday, I took a 10-minute walk from an old hotel to another old building, a conference hall. About 300 others were on the same walk on the warm and sunny day.
It didn’t seem anything remarkable or newsworthy. But this was no ordinary walk. Sixty years ago, on this same date, a small but powerful group of men and women took the same walk and then launched a movement that snowballed into a united anti-colonial and post–colonial battle.
We had come to commemorate and celebrate the anniversary of the Bandung conference of Asian and African leaders, all of whom had just won Independence or were on the verge of doing so.
The same grand Savoy Homann hotel was where the leaders had stayed, and they had taken the historic short walk on the Asia Africa Road to the Merdeka Building.
Bandung April 24, 1955, saw giants like Sukarno of Indonesia, the host, Zhou Enlai of China, Jawaharlal Nehru of India, President Gamal Abdel Nasser of Egypt, U Nu of Burma and some leaders of Africa, coming together to discuss the need for newly independent countries to unite and fight for common interests.
They adopted the Bandung principles, that included respect for national sovereignty and self-determination, equality of all nations and abstention from use of force or exerting pressure on countries.
Bandung 1955 was the first ever meeting of the developing countries, who pledged to help other countries still under colonialism to complete their independence struggle, and to cooperate to develop their poor economies.
That Bandung spirit led to the formation of the Non-Aligned Movement in 1961, and indirectly also led to the Group of 77 in 1964, the two major umbrella organisations of the developing countries.
Last Friday, political leaders from over 40 countries, led by Indonesian President Joko Widodo, and officials from international organisations walked from Savoy Hotel to Merdeka Building and took part in a brief but meaningful commemoration ceremony.
Among the leaders present were the presidents of China, Zimbabwe and Myanmar, and the prime ministers of Malaysia, Nepal and Egypt.
We were told the Merdeka Building had not changed, and the chairs were the same as the ones used 60 years ago.
Widodo invoked the memory of the leadership and spirit of the giants of old, who had pioneered their nations’ independence and forged unity among the newly independent countries.
In a two-day Asian African summit conference in Jakarta preceding the Bandung ceremony, even more leaders were present to discuss the theme, South-South Cooperation for Peace and Prosperity.
President Widodo made a strong speech highlighting the continuing power inequalities and injustices in the world, in which developing countries were still struggling to get their rightful fair share in decision-making in world affairs.
Global injustice is obvious, when wealthy nations think they can change the world with their might, when the United Nations is powerless, when force is used without the mandate of the UN and powerful countries ignore the existence of the UN, he said.
Injustice exists when rich countries refuse to recognise the shifts in world economic power and only recognise the World Bank, International Monetary Fund and the Asian Development Bank, he added.
“The fate of the global economy cannot be left to these three organisations, we need to build a new world order that is open to new countries. A new and fair global system is needed.”
Widodo also stressed that as the Bandung spirit demanded independence for countries, we are still indebted to the people of Palestine. “We have to struggle with them to give birth to an independent state of Palestine.”
The plight and struggle of Palestinians became a major issue at the Summit. It was obvious that the continuing occupation of Palestine lands and their unfulfilled fight for an independent state was a big piece of “unfinished business” of the Asian African Bandung conference.
A special declaration in support of Palestine was adopted by the conference. Two other documents adopted were the Bandung Message and the new Asia-Africa Strategic Partnership, which details the actions that are to be taken to promote more cooperation in economic, health, food security, education and other areas.
President Xi Jinping of China pledged to provide places for 100,000 students and officials in Asia and Africa for education and training in his country over five years.
He put forward several principles, including to seek common ground and be open to one another’s views, expand South-South cooperation, and the closing of the North-South gap. He also mentioned the new Chinese initiatives of setting up the Asian Infrastructure Investment bank as well as a new fund to finance the activities of the Economic Silk Road and the Maritime Silk Road.
These initiatives by China were a reminder that with the growing wealth of China and some other emerging economies, there is now a real possibility for the developing countries to help one another in financing their own development.
A new trend in South-South gatherings is that criticism of the ways of the West in dominating the South is now combined with announcements of how the developing countries are organising various ways to rely more on one another, including creating new institutions.
In a speech representing the South Centre, I mentioned that we support the call by the Indonesian president to establish a new world order where the developing countries have an equal say and enjoy their fair share of the benefits.
In this new and more equitable world order, the developing countries will be able to contribute to the solutions to the multiple crises of global finance and economy, food security, unfulfilled social development, energy and climate change.
The developed countries will change their unsustainable patterns of production and consumption, and assist the developing countries through financial resources and technology transfer to embark on new sustainable development pathways.
South-South cooperation, based on solidarity and mutual benefits, will play an increasingly important role. There is much to be done politically and concretely in this area.
Bandung 1955 was a landmark event that launched many good developments for the newly independent countries.
Bandung 2015 could also prove to be a landmark event that catalyses further breakthroughs in South-South cooperation which, together with our better performance in multilateral relations, will implement the building of the new world order that our first generation of leaders were dreaming of.
As the Jakarta and Bandung events came to a close, Indonesian officials indicated that they will be undertaking follow-up actions after the Summit. It is important that concrete programmes are formulated, so that the good-intentioned declarations do not remain only on paper but spark new shoots of South-South cooperation.
Global Trends by Martin Khor
Martin Khor is executive director of the South Centre, a research centre of 51 developing countries, based in Geneva. You can e-mail him at director@southcentre.org. The views expressed here are entirely his own.
The
ancient maritime Silk Road was developed under political and economic
backgrounds and was the result of cooperative efforts from ancestors of
both the East and West. China's proposal to build a 21st Century
Maritime ...
According
to an article in the Asia Weekly of China Daily, an English-language
newspaper, the proposed 21st century Maritime Silk Road (MSR) begins in
Quanzhou in Fujian province, moves on to Guangzhou in Guangdong ...
Chinese President Xi Jinping has delivered a speech, with the aim of carrying on the Bandung Spirit and promoting the common development of the two vibrant continents.
Chinese President Xi Jinping delivers a speech at the
Asian-African Summit 2015, where he joins leaders and representatives
from around 100 countries and international organizations.
Opening ceremony: Li giving a speech at the Asian-African Legal Consultative Organisation (AALCO) in Beijing. — AFP
Asian-African Legal Consultative Organisation was born at a historic moment, but struggles to deal with the present day issues.
LAST week, the Asian-African Legal Consultative Organisation (AALCO) held its annual session in the Chinese capital of Beijing.
Here’s a bit of the organisation’s background – with a focus on international law and legal matters of common concern, AALCO is the legacy of the Bandung Conference.
That historic conference in 1955, also known as the Asia-Africa Conference, led to the establishment of the Non-Aligned Movement during the Cold War.
Chinese President Xi Jinping, his wife Peng Liyuan, Indonesian Joko Widodo and his wife Iriana take part in a highly symbolic stroll with other Asian and African leaders to commemorate the historic 1955 Bandung Conference in Bandung, Indonesia, April 24, 2015. (Xinhua/Li Xueren)
More than 30 world leaders, including Prime Minister Datuk Seri Najib Tun Razak and Chinese President Xi Jinping, gathered in Indonesia this week for the 60th anniversary celebrations of the Bandung Conference.
Malaysia is one of the 47 member states of AALCO that has its headquarters in New Delhi, and the current AALCO secretary-general, Prof Dr Rahmat Mohamad, is a Malaysian.
“AALCO is not a political union. That is why it is not popular and people do not know of its existence,” said Dr Rahmat.
“We are a legal consultative body comprising legal experts from the Asian and African countries.”
AALCO deals with issues that affect the legal rights of its member states and highlights their views to the International Law Commission (ILC) and the Sixth Committee of the United Nations General Assembly.
It has also established permanent observer missions to the United Nations and set up regional arbitrary centres, one of which is in Kuala Lumpur.
Dr Rahmat, who was the deputy vice-chancellor of Universiti Teknologi Mara, won the election to the post in 2008. He is now serving his second four-year term.
“The regions of Asia and Africa have different political beliefs, culture and systems. But at the end of the day, we get the common concern and bring it to the attention of the ILC and UN,” he said.
“It was the vision of leaders like (Indonesia’s first president) Sukarno and (India’s first prime minister) Jawaharlal Nehru that newly independent countries must have their voices heard in international forums like the United Nations.
“When you have a body like AALCO, the other side will know what our concerns are.”
Using the Rome Statute of the International Criminal Court (ICC) as an example. Dr Rahmat said many Asian countries are not state parties to the treaty, but that does not mean that they are against the idea.
“It is good but a lot of issues have to be clarified and resolved first,” he said.
“The Penal Code in Malaysia, for instance, only has definition of crime, but not crime against humanity. How do you apply that in our system? We are not used to it, our judges and prosecutors are not used to it.”
The Rome Statute, which has been acceded to by 123 countries, established the ICC to investigate and prosecute four core international crimes, namely genocide, crime against humanity, war crimes and crime of aggression.
“There are issues that need to be resolved domestically first,” Dr Rahmat said.
“However, the politics of it are causing apprehension. My job is to continue to disseminate legal knowledge to make people aware.”
During the 54th annual session of AALCO here last week, delegates from the member states explored issues such as the deportation of Palestinians, the work of the United Nations Commission on International Trade Law (Investment Treaties), international law in cyberspace, environment and sustainable development, violent extremism and terrorism, and law of the sea.
As broad and complex as these topics may seem, Dr Rahmat said the works of AALCO are closely related to the people.
“We do not live in a vacuum. International law is part of every individual’s life,” he said.
“In addition to what is happening within our own country, we must also pay attention to matters in the world.”
Chinese Premier Li Keqiang, who officiated at the annual session, proposed a China-AALCO exchange and research programme on international law.
He said the initiative, to be funded by China, would help develop AALCO and promote co-operation in international rule of law.
In his speech, Li said Asia and Africa have a combined GDP of US$29 trillion (RM105 trillion), accounting for 37.5% of the global total. It is a 47-fold increase compared to that of 1970.
He also proposed the Asian and African countries to, among others, deepen exchanges and co-operation on international legal system, and work together to meet global non-traditional security challenges.
The session also commemorated the 60th anniversary of the Bandung Conference. Representatives who spoke during the event agreed that the Bandung Spirit of peaceful co-existence and solidarity is still very much relevant in today’s world.
Check-in China by Tho Xin Yi
The views expressed are entirely the writer’s own.
Liew and his son Tian Xiong (left) at the interview. The biggest shareholder of Eco World Development Group is Tian Xiong, who at 22 in 2013 became the major shareholder of the company.
Entrepreneur who drives the smaller Eco World group is still a much talked-about figure in corporate world
AT 57 years of age, Tan Sri Liew Kee Sin can easily count himself to be one of the most talked about personality in Malaysia’s corporate circle – by the Government, the private sector and property investors.
Amidst the unravelling of events over the past four years, including his exit from SP Setia Bhd, Liew continues to be among the corporate figures today that enjoy the adulation of some and the wrath of others.
Since leaving SP Setia a year ago, Liew has been furiously on the ball, trying to “regain” what he has lost. He has kept a fast and furious pace, though buffeted on every front by unabating current.
Although he has previously overcome challenges thrown at him, the pressure this time is different, in severity and magnitude. It’s a pressure cooker in Eco World Development Group Bhd (EWB), he admits.
“The momentum is on-going. It forces me to be the face of Eco World,” he says.
The positive side to all these is that he has about 300 out of a staff count of 800 who joined him from his previous company. This round of rebuilding includes his son, Tian Xiong, 24. That may also account for him being more driven than before.
While he has made a success of the 4,000 acres in S P Setia’s flagship development in Shah Alam years ago, today’s climate of high house prices and stagnant wages mean his team would have to work doubly hard. So far, however, most of his projects in the Klang Valley and Johor seem to enjoy take-up rates of 80% and above.
His latest launch in Batu Kawan, Penang, has prices hovering in the RM700,000-RM800,000 bracket.
Credited with making something out of 4,000 acres in Shah Alam, Liew is trying to do the same in Semenyih, Selangor, and Batu Kawan, Penang, on a smaller scale. Liew says his objective is to set a new benchmark in terms of concepts, ideas and designs for branding purposes.
Next month, he will be launching 1,130 units in London City Island with a gross development value (GDV) of £617mil, at a time when house prices are frothy, with wages stagnant. The May 7 elections is another dampener. The Employees Provident Fund (EPF) has just sold a building at a profit and may be selling another.
The weakening ringgit works for and against him. For local investors, a property abroad is a good hedge against exposure to any possible future weakening of the ringgit. The downside is that the pool of buyers shrink with the weaker ringgit.
However, the target market for the London City Island project goes to Hong Kong, Singapore and London.
Even as he is keeping his finger on sales, other challenges faces Liew and the Eco World group.
Eye on SPAC
In October last year, Liew and his team proposed to list Eco World International Bhd (EWI) as a SPAC (special-purpose acquisition company). But the Securities Commission has yet to approve the application.
While awaiting the SC’s nod for the the proposed SPAC, in January, he and his right hand man Datuk Voon Tin Yow in their personal capacity, via a private vehicle, entered into a joint venture with UK-based Ballymore on a 75:25 basis to develop three projects in London – with the first slated to kick off next month.
The plan was to inject the three properties into EWI, which will be the vehicle for the proposed SPAC. Shareholders of EWB would not be left out as they would be offered up to a 30% stake in EWI.
It was a neat plan – at least on paper.
But the snag is that a SPAC is a blank cheque listing. It is supposed to list without pre-identified and ready assets, which is an issue when it comes to EWI. This is despite Liew’s plan to inject the private purchases “at cost plus holding costs” – meaning Liew and Voon do not profit from the asset injection.
“But this goes against the spirit of SPAC guidelines as set by the SC. A SPAC is a blank cheque listing ... a cash box looking for assets,” says a merchant banker.
“To go global, we must react quickly to market conditions, better design concepts and learn. We have the skill set,” he says. He learned a lot managing and marketing Battersea. No matter how challenging a project, “you gotta break it down to smaller bits”.
Nevertheless, Liew hopes to see some development with respect to the SPAC application within the next month or so.
Keeping EWB and EWI on separate lanes will help him to manage the gearing of both companies and reduce dilution for shareholders of EWB that includes his son, who is the major shareholder.
Liew says he also does not want to park the London assets under EWB because they are too big for its balance sheet.
Although his stake has diluted from 35.05% in 2013 to 13.52% on March 27, 2015, he is still the major shareholder.
Visionary though he may be, time was on his side when Liew built his previous “priced possession”, which is S P Setia. He built S P Setia over the years at a more even pace while the momentum and task he faces today with regards to the Eco World Group has been nothing short but blistering.
Within two years, the company has accumulated 5,396 acres with a GDV of about RM55bil. Debts was up at RM1.15bil as at Jan 31, 2015, from RM215mil in September 30, 2014. (Sept 2013: RM52mil). EWB completed a rights issue raising RM800mil and will undertake a placement. At the end of the corporate exercise, EWB’s gearing will be less than 0.6 times and it will be sitting on a pile of cash that will be used for working capital to develop the massive land bank here.
Liew says he received a lot of offers to work with landowners.
“People ask, why so aggressive? It’s because of the brand. We want to charge ahead in Malaysia. We are using up about 800 acres a year.”
Dealt a good hand
Although Liew has been dealt a good hand in his working life, he may be losing another priced project, all within two years.
As he goes about tying up loose ends on the Battersea chairmanship, a legacy from S P Setia days, and finishing the restructuring in EWB by the end of this month, questions about conflicts of interest have surfaced.
The Battersea Power Station is a 40:40:20 project with S P Setia and Sime Darby holding equal share and EPF remaining 20%.
“When I resigned from S P Setia in April 2014, the Battersea board suggested I wait till September 2015. At that time, there was no Eco World Ballymore (Holding Co Ltd, a developer of the three projects) yet.”
The private vehicle belonging to Liew and Voon – Eco World Investment – has a 75% stake in EcoWorld-Ballymore while UK-based Ballymore Group owning the rest.
At about June of last year, he declared to the board of Battersea of his interest to go into property development in Britain. He was told to wait.
Six months later in January this year, Liew and Voon went public with their 75% stake in the UK-Malaysia joint venture. At that point, he felt “obligated to resign” but was told to wait.
“We have three projects which may seem to be competing with Battersea Power Station although in terms of price point, they are priced differently.”
The latest Battersea Phase 3A units are priced at £1,700 per sq ft while the EcoWorld-Ballymore units are being sold at about £1,000 per sq ft. About 90% of the EcoWorld Ballymore units will be less than £1mil.
Ironically, a vexing issue confronting Liew these days is his chairmanship of Battersea. The roots of the situation he is caught in today can be traced to his entrepreneurship that created Malaysia’s biggest property company that he lost control to Permodalan Nasional Bhd – after a protracted corporate exercise which started in 2011.
Liew, however, is still capable and motivated to use his set of skills to further create value for himself and those around him. But the dichotomy is between duty and interest.
“I do not want to offend anyone anymore. But I (also) feel duty bound,” says Liew.
The Battersea project, which is Liew’s brainchild when he was in S P Setia, has several key milestones in the next one year.
Phase one of the project will be handed over to buyers next year. Work on Malaysian Square – the pride and joy of Malaysia – has just started. Work on London’s underground Northern Line extension, which connects to Battersea, begins this year. These milestones will help the investment to appreciate.
The British authorities are concerned about the reconstruction of the four white chimneys and the restoration of the power station brickwork. So Battersea has quite a bit of important obligations to meet in the next one year and it cannot afford any slip-ups.
“I am under a lot of pressure ... Morally, I should resign. But when I buy (my land in London), I also declare (to the board). I am duty bound to declare on the grounds of good governance. At the same time, I am also duty-bound as chairman because this year is crucial for the Battersea.
“I am trying to get out of this (situation) because I want to reduce the areas of conflict between myself, the Government and everybody else. I have lost S P Setia and I should gentlemanly give up (Battersea),” says Liew.
Time will only provide an answer.
With London mayor Boris Johnson ending his term in 2016 – and considering Liew has a good working relationship with him – there are are more than several reasons for shareholders of Battersea to continue to retain him for another year as chairman. Before works such as the construction of the underground station and reconstruction of white chimneys take off, there is a lot of interaction with the London authorities, something that is not easy to cultivate.
Interest versus duty
Whatever the outcome of his Battersea chairmanship, there are at least two broad contentious issues here. His fiduciary responsibility and duty of care is one. Liew has taken that duty seriously and returned value for that which was entrusted to him. The second issue is his skill set. Life has obviously given Liew a good card, despite his losses.
Now, the question that arises is if he should wait if opportunities come, complete all ties with Battersea and S P Setia before embarking on new ventures that may not come knocking every day?
Every day, directors are offered various opportunities which conflict with their fiduciary duty. Often times, the fiduciary duty of directors, parallel to trustees, can be onerous. But the law is the law.
Yet, in many ways, Liew’s situation is parallel to a 1978 case of Queesland Mines Ltd v Hudson. The company Queensland Mines was an iron ore mining company that established as a joint venture between A Ltd and F Ltd. Hudson was the managing director of A Ltd and had negotiated with the Tasmanian government for mining licences.
Just before the licences were issued, Hudson’s joint-venture partner ran into financial difficulties and was unable to proceed with the venture.
Hudson resigned, taking the licences with him, and formed his own company. At considerable risk and expense, Hudson exploited the licences and earned profits. Queensland later filed a suit against Hudson for what it claimed was abusing his position to divert opportunties for himself.
However, the courts ruled that although the opportunity to make profits came to Hudson through his position at Queensland Mines and was something that the board was made aware of, Hudson was not in a position of conflict.
The position Hudson was prior to 1978 is the predicament Liew faces today. In both these cases, the contention boils down to timing and turn of events.
If one were to consider the big picture and balance out the events surrounding Liew in the last four years, should he not be allowed to exploit the resources due to him because of his skills and expertise? Or should he be shackled by time and ties, despite having added value to those he has been entrusted with? That would be unfair to Liew.
The legacy issue – passing the baton to the right person
AT the spanking new Eco World International Centre in the Gardens office block in Kuala Lumpur recently, a photo session was in progress. There was a light-hearted camaraderie in the air.
Tan Sri Liew Kee Sin and his top management were present, all of them in their white Nehru-collared shirt with green trimmings.
The photo session was as much symbolic as telling. It was as if to say: “These are the people I will need to grow Eco World Development Group Bhd (EWB).”
With a staff strength of about 800, about 300 of them were from Liew’s previous company S P Setia Bhd. Despite the market conditions working against the property sector and crushing issues confronting him, Liew was his usual warm, confident self.
A lot of this has to do with the people around him. Liew was named chairman in March and his right-hand man Datuk Voon Tin Yow, previously from S P Setia, joined the group officially as executive director.
A notable addition was newbie Liew Tian Xiong, 24, bright-eyed and smiling. He first surfaced in 2013 and has been seen as a proxy of his father. The presence of that young man has changed the landscape for Liew.
Passing the baton
It is a legacy issue. As one considers the property sector, a number of the country’s developers have in one way or another paved their sons and daughters to join Dad.
There is Datuk N.K. Tong, 47, group managing director of Bukit Kiara Properties Sdn Bhd who joined Datuk Alan Tong, who is known as Condo King for his work in Sunrise Bhd’s Mont’Kiara.
It was the elder Tong who saw the potential of the area, then Segambut and bought 100 acres there. Over the years, Mont’Kiara has progressed to become a thriving suburb and is currently considered as “an aspirational location” among the young.
Ken Holdings Bhd group managing director Sam Tan, 35, joined his father Datuk Kenny Tan. That was 2004, and he was 24.
Over at the Sunway group, Sarena Cheah, 40, the daughter of Sunway Bhd founder Tan Sri Dr Jeffrey Cheah and anointed successor, will assume full control of the group’s key property unit effective May 1. She may well have been the youngest to join Dad, when she was just 20, in 1995. She started out in the corporate finance and group internal audit divisions.
Passing the baton cannot be done overnight. There is a lot of planning to do. There is also the task of moulding and nurturing the right person for the job and looking over the shoulder of the young person to ensure they are constantly on the straight and narrow. If there are more than one, then there is the selection process of who will take up the position of annointed successor.
After the painful lesson of having lost S P Setia, Liew would clearly circumspect legacy and stewardship issues.
Which takes this story to next level.
Who is working for who?
The years of passing the baton may be painful, for both parties. This explains why the years of preparation are so crucial before the final moment of actually handing over the reins. In each of the three cases – N.K., Sam and Sarena – the children joined Dad and allowed themselves to be moulded.
Which takes us to the next question.
Is Tian Xiong working for Dad, or is Dad working for Tian Xiong?
Every parent wants the best for their children and Liew is no exception.
By joining the company now, Tian Xiong will have “the history” of the company. But will he be able to take on turbulent times?
He ponders: “It’s a pressure cooker here.”
If the staff do not accept him, he will never be the “real boss”, says Liew.
Of late, Liew has been keeping the young man closely by his side.
The rationale, says Liew is that, whatever Tian Xiong had learned in EWB in the last two years, he would take years to learn outside. So he better learn fast and learn now.
Stewardship
It is not just passing the baton. It is stewardship.
Says Tian Xiong after Liew steps out of the room: “Every night, from 9 to 10pm, he would nag me about how I dress, my tie, what time I get into office, how long I took for lunch and what I did after lunch. And other larger office and market issues.
“He also told me that I have to earn it, that it is not going to drop on me, that I have other siblings,” says Tian Xiong.
On whether he was pressured into returning to Malaysia from Melbourne where he graduated in 2012 with a Bachelor of Commerce from the University of Melbourne, Australia, he says he returned on his own free will.
The young man first surfaced in 2013 as a buyer for a little known company Focal Aims Holdings Bhd. His emergence “caused a tsunami” because during that period, there was many questions as to Liew’s move.
Tian Xiong started out in corporate finance department for the first two years and is currently in corporate marketing.
S
P Setia's head honcho Liew resigns, looking forward to mentoring in Eco
World. Ten months after S P Setia Bhd unveiled its succession plan,
head honcho Tan Sri Liew Kee Sin has announced his intention to resign
as president and chief executive officer. Also quitting the ... Liew
would leave the property giant on April 30 while Teow would stay on
until July 31. Liew and Teow would continue to be involved in the
Battersea Power Station project in London until ..
Tan
Sri Liew Kee Sin, President Executive officer of SP Setia Berhad, with
the Malaysian Ernst & Young Entrepreneur of the Year 2011 award
yesterday at the J W Marriot Hotel in Kuala Lumpur. Liew stands out for
his ...
KUALA LUMPUR: Malaysian Rating Corp (MARC) has affirmed its AA- rating on IJM Corp Bhd’s RM1 billion debt notes but downgraded its outlook to negative from stable.
The ratings agency said decline in palm price to current low levels of RM2,200 per tonne and the weak near-term outlook of the sector would likely drag IJM’s plantation division’s earnings.
MARC also noted that the slowdown in the property sector has seen demand moderating at several of IJM’s projects.
MARC said IJM's RM1 billion debt notes involved the commercial paper/medium-term notes programme (CP/MTN).The outstanding notes under the programme comprise RM300 million CPs and RM250 million MTNs.
“IJM's borrowings have steadily increased, standing at RM6.3 billion as at end-December 2014,” MARC said, adding at the holding company level, the borrowings amounted to RM1.3 billion.
The rating agency highlighted IJM’s funding of infrastructure projects and capital requirements for its oil palm plantings in Indonesia could further pressurise its credit profile.
On the other hand, MARC observes that IJM’s orderbook for construction division has improved to about RM7.2 billion as at end-financial year 2015. “The improved prospects for the construction division may provide some buffer against weaker performance in the other divisions,” it said.
Going forward, MARC may raise the group's outlook to stable if it is able to show financial resilience in restoring cash flow protection measures.- New Straits Times
IJM’s debt notes rating reaffirmed, MARC also revises the company's long-term rating to negative from stable
PETALING JAYA: Malaysian Rating Corp Bhd (MARC) has affirmed its AA- rating on IJM Corp Bhd’s RM1bil debt notes.
In a statement yesterday, MARC said it had also revised IJM Corp’s long-term rating to negative from stable, due to the challenging outlook for the company’s core business.
“The negative outlook incorporates the challenging prospects for IJM group’s core businesses, namely, the palm oil and property development sectors, from which the group generated a combined 45.3% and 60.6% revenue and pre-tax profit for fiscal 2014,” said the rating house.
MARC added that the sharp decline in palm oil prices from last year and the weak near-term outlook for the sector would drag the group’s plantation division earnings.
“The sharp decline in palm oil prices since April 2014 from RM2,800 per tonne to about RM2,200 per tonne currently and the weak near-term outlook for the sector would further weigh on the group’s plantation division earnings.”
The rating agency also said the slowdown in the property sector had seen demand moderating for several of IJM’s property development projects.
“Against this backdrop, MARC observes that group borrowings have steadily increased, standing at RM6.3bil as at end-December 2014. At the holding company level, its borrowings stood at RM1.3bil as at end-December 2014,” it said.
Meanwhile, MARC said the RM1bil debt notes involve the commercial paper/medium-term notes programme (CP/MTN). The outstanding notes under the programme comprise RM300mil CPs and RM250mil MTNs.
It said the funding for the group’s infrastructure projects and capital requirements could add further pressure on its credit profile.
MARC noted, however, that the group’s orderbook for its construction division had improved to about RM7.2bil as at end-financial year 2015.
“The improved prospects for the construction division may provide some buffer against the weaker performance of the other divisions,” it said.
Going forward, the rating agency said it may revise the group’s outlook to stable, if the group was able to show financial resilience in restoring cashflow protection measures, reflecting the credit strength.
“The long-term rating, however, could be lowered should key financial metrics deteriorate due to weakening performance of key business segments and/or additional increase in borrowings,” it said.
Separately, BIMB Securities Research said it was optimistic on the related-party transaction involving the transfer of The Light Waterfront development in Penang from Jelutong Development Sdn Bhd to Aura Hebat Sdn Bhd (AHSB). Both companies are subsidiaries of IJM Corp.
“We are positive on the development, as it will provide an avenue for prodigious development on the land.
“No significant impact to our 2015 and 2016 earnings forecast, as construction will start later in the year,” said the research house.
AHSB will acquire The Light Waterfront development from Jelutong Development, an 80%-owned subsidiary of IJM Properties Sdn Bhd, for RM402.8mil, subject to, among others, the receipt of documents of title to the property from the relevant Penang authorities..
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