PM URGED TO SCRAP NEW INSURANCE SCHEME!

March 31, 2010 on 1:43 pm | In General | Comments Off


Dr Jacob George is president and legal adviser to the Consumers Association of Subang and Shah Alam (Cassa)

The Consumers Association Of Subang and Shah Alam, Selangor (CASSA) notes that Bank Negara Malaysia (“BNM”) plans to introduce a new motor insurance scheme.

CASSA understands that BNM has formed working committees in relation to the proposed scheme since November last year with the intention of implementing the scheme in the second half of 2010.

The second half of 2010 is just 3 months away.

YAB Dato’ Seri and Prime Minister Sir, it is our humble contention that any new scheme will have an impact on every road user in Malaysia.  This means practically every one in Malaysia is affected.

And any one of us can be accident victims.

Therefore, any new scheme must only be introduced after full consultation with all interested stakeholders including consumer associations, trade related associations, the Bar Council and other interested bodies.

CASSA notes with concern that none of these stakeholders have been included in the working committees established by BNM.

Instead, these working committees comprise representatives from the insurance industry.

It is clearly possible that the views and proposals of the insurance industry may be focused on issues of profitability and premium rates. The needs and views of the ordinary road user may not be given due and sufficient consideration.

CASSA also notes that there have been calls from various parties for BNM to be inclusive in these discussions.

There have been letters to the papers since January 2010.

CASSA has been calling for consultations and deliberations for a number of months.  There has been no response from BNM giving details on the proposed new scheme.

Finally, on the 23 March 2010, a letter has been published in the Star from BNM.  In this letter BNM states that it will be conducting consultations with all relevant stakeholders.

The irony is that on the other hand, the same letter goes on to state that current insurance premium rates are low and that  the amount paid out by insurers in comparison to the premium collected is high.

The letter then goes on to state that the new scheme seeks to ensure that all motorists obtain a basic motor insurance coverage at a reasonable premium commensurate with the level of protection provided.

This letter of BNM suggests that BNM already has in mind its proposed structure.

Prime Minister Sir, CASSA puts on record that this has been done without consultation with the relevant stakeholders.  This letter indicates that the new scheme will seek to further limit the compensation payable to motor accident victims and their families (which is already limited following amendments made in 1984 to the Civil Law Act).

CASSA is also concerned that the new scheme would require motorists/road users to take additional personal accident insurance coverage if they require additional coverage.

YAB Dato’ Seri, both these approaches will result in the insurance industry standing to benefit at the expense of the ordinary road user.

BNM should learn from the experience gained on the proposed 2 tier petrol price scheme and the imposition of the GST.

The public was not adequately represented/consulted in the discussions.

The end result was wasted time and effort in putting forward proposals which were not acceptable to the public resulting in these proposals being deferred.

CASSA therefore reiterates its position that before anything further is implemented or proposed by BNM, BNM should engage immediately in open discussions and deliberations with all concerned stakeholders.

Indeed,  these stakeholders should  have been involved in the discussions from the beginning.

This would accord with the present 1Malaysia : People First approach of the Government!

TOWARDS 1CONSUMERS!

 Our campaign against RACISM AND GENOCIDE of all forms!

NEM - NAJIB SET TO DELIVER PROACTIVE CHANGES!

March 29, 2010 on 7:48 am | In General | Comments Off


Dr Jacob George is president and legal adviser to the Consumers Association of Subang and Shah Alam (Cassa)

Prime Minister Sir - my humble hope is that while the New Economic Model is introduced the platform will also not ignore the pertinent need to address corruption, political brawling, racist and uncompetitive policies that is dragging us down the abyss of destruction!

Let us discuss this proactive NEM progressively and professionally - instead of indulging in the usual - ‘cat and mouse’ brawling, mud slinging and gutter politics at its best – politicians addressing private and personal issues and agendas which simply is a betrayal of the voters trust and the aims of the highest policy and law making body – the Malaysian Parliament - Dr Jacob George

It is a special week for Christians as it is Holy Week - a time for deep reflection, pause, prayer and to seek the Almighty’s strength and grace in one’s life!

It is also an interesting week, as I brief the Law Minister today on my thoughts and fears on the ‘new insurance scheme’ and other matters!

More importantly, I am indeed looking forward to analyzing the government’s New Economic Model (NEM) aimed at luring foreign investors and showing that we mean business and move the manner we must to be globally and economically competitive!

I am advised that beloved Premier Najib Razak will announce the reforms on Tuesday, this week which I pray will also strike a balance between the demands of investors and those of voters who handed the Barisan Nasional Coalition its worst ever results in 2008 elections.

As I have stated many times before it is my hope that while the New Economic Model is introduced the platform will also not ignore the pertinent need to address corruption, political brawling, racist and uncompetitive policies that is dragging us down the abyss of destruction!

We cannot run away from the need to be competitive, instill major market and institutionalized reforms so that the right message gets across!

I am certain Najib’s intentions are decent, dedicated, result and reform orientated to attract much-needed foreign funds to boost economic growth and create employment while taking a real hard look at corruption, seepages, wastage, duplication and ill conceive privatization of government assets!

I sincerely hope it will be an interesting week which shows dedication and administrative vision instead of what we saw last two weeks where it was full of mud slinging and gutter politics at its best – politicians addressing personal issues and agendas which simply was a betrayal of the voters trust and the aims of the highest policy and law making body – the Malaysian Parliament!

If they continue such - they may be financially wealthy but morally and ethically bankrupt and a basket case - the ideal requirements to be rejected at the next General Elections!

 Our campaign against RACISM AND GENOCIDE of all forms!

G PALANIVEL – THE RIGHT CANDIDATE FOR BY-ELECTION!

March 28, 2010 on 4:37 pm | In General | Comments Off


Dr Jacob George is president and legal adviser to the Consumers Association of Subang and Shah Alam (Cassa)

G PALANIVEL – THE RIGHT CANDIDATE FOR BY-ELECTION!

The truth is, times have changed and changed radically.

It is no more a directive top down hierarchy that works but one that needs to be steeped in collective leadership, accountability, good governance and transparency.

Warlords and bullish methodologies do not work any longer.

Neither threats of deserting the party if post not given as one 31 year old idiot told me claiming he represented a former deputy minister who should be given the seat to return to active politics!

He wanted me to speak to the Premier but I told him that both his political master and he are not only political opportunist but plain idiots!

They forget – the operative word is political diplomacy which is never the manner things were done within before!

Today voters want leaders who are role models and not alleged to be drunkards, womanizers, pimps, thugs and all those corrupt and vulgar.

And the truth is if indeed MIC – the third-largest BN component party - is to survive the next general elections there must be holistic change.

I am not talking about ‘Press Release Change’ – and – true, we can preach about training, leadership and management courses for division and branch leaders, of KPIs and all that but plainly that is all sheer poppycock!

As a political and public policy analyst, I am aware that we can announce well-worded press releases with all kinds and manners of spins but all these are to no avail in today’s political climate!

As I stated to a senior Minister last week, if political parties had carried out its boast that they will embrace a key performance indicator to gauge its leaders’ performance and party policy and directions - this matter would have been long resolved!

The feedback on the ground is firm and direct. They want to see change, holistic change and they want model leaders!

And as I direct my sights at the coming by-election at Hulu Selangor I cannot but lend my support and appeal to Premier Najib Tun Razak, that my dear friend, G Palanivel be given the Hulu Selangor seat to contest and initiate a Barisan Nasional resurrection in the state of Selangor!

I am confident G. Palanivel will win the seat handsomely as he has been working in the consistency relentlessly.

I believe G Palanivel is the man to lead the move to regain ‘lost ground and the lost Indian votes’ but time is of the essence and I sincerely pray, he will be given that opportunity sooner rather than later.

I am certain that the winning margin will be above the 2000 mark!

 

Our campaign against RACISM AND GENOCIDE of all forms!

CASSA BRIEFS BN MPs AND SLAMS BANK NEGARA!

March 23, 2010 on 3:03 pm | In General | Comments Off


Dr Jacob George is president and legal adviser to the Consumers Association of Subang and Shah Alam (Cassa)

Who is Bank Negara Malaysia serving? The Malaysian Consumers or the Insurance Industry?

Is there a ‘covert plan’ to create another umbrella organization - the ‘go in-between’ as one’s retirement plan with huge perks at the expense of the Malaysian consumers - among them the rural and urban poor, farmers, fishermen, factory workers, plantation workers and affected poor groups?

I told BN MPs today that this will create another ‘political minefield’ for the federal government and the BN MPs from the grassroots!

It is in the interest of the government to kill this scheme before it breeds further backlash!

Time the government got rid of the ‘little Napoleons’ at Bank Negara Malaysia and the Malaysian Civil Service if it wants to see the present 1Malaysia : People First approach of the Government really succeed!


Prime Minister Sir, I appeal to your good office please remove those frustrating your administration’s vision and agenda for 1MALAYSIA! - Dr Jacob George

PRESS RELEASE

The Consumers Association Of Subang and Shah Alam, Selangor (CASSA) notes that Bank Negara Malaysia (“BNM”) plans to introduce a new motor insurance scheme.

CASSA understands that BNM has formed working committees in relation to the proposed scheme since November last year with the intention of implementing the scheme in the second half of 2010.

The second half of 2010 is just 3 months away.   Any new scheme will have an impact on every road user in Malaysia.  This means practically every one in Malaysia is affected. And any one of us can be accident victims.

Therefore, any new scheme must only be introduced after full consultation with all interested stakeholders including consumer associations, trade related associations, the Bar Council and other interested bodies.

CASSA notes with concern that none of these stakeholders have been included in the working committees established by BNM.

Instead, these working committees comprise representatives from the insurance industry.  It is clearly possible that the views and proposals of the insurance industry may be focused on issues of profitability and premium rates. The needs and views of the ordinary road user may not be given due and sufficient consideration.

CASSA also notes that there have been calls from various parties for BNM to be inclusive in these discussions.  There have been letters to the papers since January 2010.  Consumer associations  and the Bar Council have been calling for consultations and deliberations for a number of months.

There has been no response from BNM giving details on the proposed new scheme.

Finally, today, a letter has been published in the Star from BNM.

In this letter BNM states that it will be conducting consultations with all relevant stakeholders.  On the other hand, the same letter goes on to state that current insurance premium rates are low and that  the amount paid out by insurers in comparison to the premium collected is high.  The letter then goes on to state that the new scheme seeks to ensure that all motorists obtain a basic motor insurance coverage at a reasonable premium commensurate with the level of protection provided.

This letter of BNM suggests that BNM already has in mind its proposed structure.  This has been done without consultation with the relevant stakeholders.  This letter indicates that the new scheme will seek to further limit the compensation payable to motor accident victims and their families (which is already limited following amendments made in 1984 to the Civil Law Act).

CASSA is also concerned that the new scheme would require motorists/road users to take additional personal accident insurance coverage if they require additional coverage.  Both these approaches will result in the insurance industry standing to benefit at the expense of the ordinary road user.

BNM should learn from the experience gained on the proposed 2 tier petrol price scheme and the imposition of the GST.  The public was not adequately represented/consulted in the discussions.  The end result was wasted time and effort in putting forward proposals which were not acceptable to the public resulting in these proposals being deferred.

CASSA therefore reiterates its position that before anything further is implemented or proposed by BNM, BNM should engage immediately in open discussions and deliberations with all concerned stakeholders.  Indeed,  these stakeholders should  have been involved in the discussions from the beginning.

Prime Minister Sir - This would accord with the present 1Malaysia : People First approach of the Government - your administration Sir!

 Our campaign against RACISM AND GENOCIDE of all forms!

NO FAULT SCHEME - BN MPs BRIEFED! (Part 6)

March 23, 2010 on 7:44 am | In General | Comments Off

NFC INSURANCE SCHEME – CASSA & BAR BRIEF BN MPs!

Dr Jacob George is president and legal adviser to the Consumers Association of Subang and Shah Alam (Cassa)

What is there to be surprised?

As you are reading this update – Consumers Association of Subang and Shah Alam, Selangor (CASSA) officials and senior members of the Malaysian Bar are handing over a joint memorandum and briefing the Barisan Nasional MPs on their concerns about this controversial industry driven scheme by Bank Negara Malaysia (BNM) to cover third party bodily injury and death!

You can expect ‘fireworks’ because certain ‘little Napoleons’ have not learnt the new script prepared by none other but reform minded and proactive Premier, Najib Tun Abdul Hj. Razak where primarily importance is given to Malaysian consumers (the Rakyat)!

Some demography has forgotten that today it is about winning the ‘hearts and minds’ of Malaysian consumers through proactive accountable and transparent consultation as against unilateral, clandestine, covert and unilateral initiation of schemes that will have a major impact on all Malaysian Consumers!

Gone are the days of ‘hunting with the hounds and running with the hares!’

Gone are the days of high powered arrogance and ‘I know best syndrome!’ and gone are the days you take for granted the need to include the NGOs, the civil society and the grassroots in policy issues and its formulation!

And why are we addressing this issue in the manner we are doing?

Let us recap:

(a)  A new motor insurance scheme is proposed.  This would have an effect on every road user (which means, practically every Malaysian);

(b)  It appears that BNM seeks to implement this proposal in the 2nd half of 2010.  This would be July 2010 which is just 3 months away;

(c) It also appears that BNM has established working committees on the proposal.  However, my fear is these working committees may comprise solely representatives from the insurance industry.  You do not have to be a ‘rocket scientist’ to know then that this exercise could very well mean that any proposal would be very much in favor of the insurance industry and at the expense of the ordinary motorists/road user;

(d) From the onset, I am upset because it is my contention that any new proposal should involve discussions and deliberations with all concerned stakeholders. This would include the regulatory authorities, consumer associations, the Bar Council and the insurance industry.  However, this has not been the case to date;

(e) But then again - only very recently after I went ‘berserk’ in my blog, and aided by several letters to the newspapers (in late January 2010 in the Star, February 18, 2010 and March 3, 2010 in the NST and Malaysiakini) and a memorandum and press statement by the Bar Council on March 6, 2010 has BNM indicated that it will call the ‘stakeholders’ for a meeting. This meeting is scheduled to be held in April 2010?

(f) My irritation and anger is justified arising from the manner they went about pursuing this and the concern that BNM may seek to put in place a scheme which follows existing schemes in other countries.  But these other countries are welfare states – where an accident victim and his family can also rely on existing medical, health, employment and educational benefits available.  For the record – the last time I checked (please do so too!) no such similar benefits are available to Malaysians;

(g) My colleagues and I are concerned that the new proposal may seek to limit compensation payable (which is already limited following amendments made in 1984 to the Civil Law Act).  And require motorists/road users to take additional PA Insurance coverage if they require additional coverage.  In short, the ‘insurance industry rascals and fat cats’ stands to benefit by making lower payments and having additional premium payable on the additional coverage that may need to be taken;


I am aware that the quantum for damages for personal injury claims is seriously limited under the Civil Law (Amendment) Act 1984 and we note that there has been vast improvement of the current court system under Chief Justice YAA Tun Dato Seri Zaki Tun Azmi which has resulted in speedy resolution of disputes, clearance of backlog of cases, mediation in courts, the establishment of dedicated courts for accident cases and the introduction of guidelines on the quantum of awards to enhance consistency and as such there is no need for such a draconian and controversial change!

(h) My contention – in fact, any reasonable man/woman’s feeling is that any major change in the motor insurance scheme should involve all concerned stakeholders.  They should be involved in the discussions from the beginning and not after BNM (together with the insurance industry) have formulated their proposals.

You will remember that a similar situation arose in relation to the proposed 2 tier petrol price scheme and the imposition of the GST.

What happened?

The public was not adequately represented/consulted in the discussions.

Many trusted the ‘spin master’s in the main stream media but the end result was wasted time, effort in putting forward proposals which were not acceptable to the public and an embarrassing retreat!

Are the ‘little Napoleons’ at Bank Negara Malaysia planning another embarrassment for the federal government?

Bank Negara you have been warned!

 Our campaign against RACISM AND GENOCIDE of all forms!

LAW AND ETHICS NEEDED IN ORGAN TRANSPLANTATION (PART 3)

March 19, 2010 on 3:34 pm | In General | Comments Off

Datuk Dr Jacob George's photo

 

 

Recently I have addressed many an issue on the whole question of ethics and the law needed in organ transplants!

And I thank those of you practitioners from the US, UK, Spain, Germany, Australia, India, Korea and Japan who have contacted me on the same and for your kind feedbacks and assistance in this issue.

I have also pursued vigorously an argument that there should never be the commercialization of organ transplants and Malaysia must never be a state where organ transplants are conducted purely for commercial purposes and for the financial and personal gratification of individuals, professionals or even certain foundations in and out of the country!

I am aware that there are many groupings out there not interested to take a punitive stand against rogue physicians, hospitals or foundations but I must differ and state here categorically that it is important that both organ transplants and practitioners are monitored to uphold the highest ethical principles and not be a stooge for the wild and abusive commercialization of organ transplants!

In some geographical locations organ transplants are a commercialized trade listed in the stock exchange!

This to me is vulgar!

Having discussed this matter with many friends in and out of the country, individuals who are a classic example of ethics and dedication I am today outlying guidance so that those involved in the practice of medicine, directly, indirectly or through NGO’s, organizations, medical foundations bear in mind these principles and ethical conduct in conducting organ transplants!

Let us call these the MAGNIFICENT 8 GUIDELINES!

(1)         First, that in all professional relationships between a physician and a patient, the physician’s primary concern must be the health of the patient. It is certainly not rocket science that the physician owes the patient primary allegiance.  This concern and allegiance must be preserved in all medical procedures, including those which involve the transplantation of an organ from one person to another where both donor and recipient are patients.  Care must, therefore, be taken to protect the rights and interest of both the donor and the recipient, and no physician may assume a responsibility in organ transplantation unless the rights of both donor and recipient are equally protected.  A prospective organ transplant offers no justification for a relaxation of the usual standard of medical care for the potential donor.

(2)         When a vital, single organ is to be transplanted, the death of the donor shall have been determined by at least one physician other than the recipient’s physician.  Death shall be determined by the clinical judgment of the physician, who should rely on currently accepted and available scientific tests and principles involved!

(3)         As a Consumer Advocate I have always maintained that there should be full unadulterated disclosure, discussion of the proposed procedure with the donor and the recipient or their responsible relatives or representatives and that this is mandatory.  The physician should ensure that consent to the procedure is fully informed and voluntary, in accordance with the guidelines on informed consent.  I must mention here that the said physician’s interest in advancing scientific knowledge must always be secondary to his or her concern for the patient. In fact I do appeal for the involvement of a third party to be part and parcel of this deliberations,  a silent but involved individual – a patient advocate bearing witness that this entire is transparent, accountable and above board.

(4)         Transplant procedures of body organs should be undertaken (a) only by physicians who possess special medical knowledge and technical competence developed through special training, study, and laboratory experience and practice, and (b) in medical institutions with facilities adequate to protect the health and well-being of the parties to the procedure. I would go further and state that these operations and procedures should only be allowed in specific classification of hospitals and other medical centers approved for the scheme and under strict enforcement procedures.

(5)         The decision on who the recipients of organs for transplantation should be determined by the physicians and consultants rather than by politicians and third parties in view allocation of limited medical resources and the greater need.

(6)         It would be silly for policymakers and others involved in this matter not to consider organs as a national, rather than a local or regional, resource.  As such I call for geographical priorities in the allocation of organs. They should be prohibited except when transportation of organs would threaten their suitability for transplantation.

(7)         And there should be clarity and order and patients should not be placed on the waiting lists of multiple local transplant centers, but rather on a single waiting list for each type of organ and the final decision to be made by the surgeon in context!

(8)         Finally, it is very important that life donors should only be first degree relatives, direct relatives or with blood linkage! And I say this purely to discourage abuse and to monitor the motivation behind unrelated donors schemes! I am highly suspicious of these donor schemes and ask pertinent questions because there is a ’suspicious element’ behind them and we do not need to create a scheme where the ‘rich use the poor’ as was the case recently in an island state with rich beneficiaries and where the donors were poor Indonesians! If this is not addressed then we can have even in Malaysia the following namely organ trading,  commercialization and kidnapping! This will be Malaysia’s healthcare system’s worst nightmare, which we must avoid!
 Our campaign against RACISM of all forms!

NO FAULT CLAIM SCHEME - SCRAP IT! (Part 5)

March 19, 2010 on 12:16 pm | In General | Comments Off


Dr Jacob George is president and legal adviser to the Consumers Association of Subang and Shah Alam (Cassa)

‘Cari lah kawan bukan lawan!’

There are so many things that need fixing by Bank Negara!

And among them numerous complaints against many banks over the years over indiscriminate chargers and other ’shady issues’ but Bank Negara as far as I am concerned have never come out addressing these real issues!

They forget whether it is issues pertaining to the banks behavior, their chargers, the manner they support certain ‘developers’ and the many construction schemes that have gone bust - it is essential that rules, regulations and chargers are made transparent and pertinent questions surrounding many a behavior whether related to the Hire Purchase Act, the numerous foreclosures or ’suspect auctions’ the come after - people in the street - us CONSUMERS expect clarity, consistency and clarification but sad this has never come!

As such banks have become really powerful imposing chargers and counter-chargers which all make no sense!

Even the vary act of withdrawing our own money at the ATM has a charge!

Why?

Should this not be a service the bank provides to a client?

So with all these issues still unresolved - and - others - I cannot but wonder why is it so pertinent for Bank Negara to try to ride into the sunset another wild horse?

I am referring to the ‘controversial and clandestine’ attempt at introducing a ‘no fault claims scheme’ in Malaysian when we do not need it because our system presently is working alright!

I am advised certain ‘little Napoleons’ at Bank Negara are really ‘pissed off’ with me at ‘this one man crusade’ and pre-emptive strike against the Bank Negara proposed – ‘No Fault Insurance Scheme?’

Honestly, I am not bothered at what Bank Negara feels but I am aware that if this scheme is adopted it will make our already financially cash rich insurance industry financially vulgarly rich!

And the collateral damage - MALAYSIAN CONSUMERS - who will be totally and royally screwed – all 27 million of them and perhaps, with a few million other illegal from Bangladesh, Indonesia, the Philippines and Africa thrown in?

Yes, I am told a minority are so pissed off with me because I am behaving ‘like a trade unionist’ – they scream!

They are unhappy with my blog and Malaysiakini statements, my appearance on TV and Radio talk shows ‘royally screwing’ this scheme for what it really is – an instrument to hurt Malaysian consumers at the interests of the ‘cigar smoking fat cats’ of the insurance industry!

Hello – first, my dear friends at various Malaysian Trade Unions are far better person than I am!

Second, remember one thing – I have been in this scheme of things for over 37 years!

I am not a difficult person and those who know me personally can vouch for that!

And - I am also willing to talk - provided it is undertaken in a manner that serves the rights and interests of all stakeholders in the Malaysian demography and in an atmosphere of cordiality!

Yes, over a ‘cuppa tea’ and if situation provides perhaps, some red wine – good for the heart they say!

For the record, after reading my blog, several senior ministers recently asked me on the ‘No Fault Insurance Scheme’ and its implication.

I was shocked that these individuals were actually not aware that such a scheme was in the process?

Now another senior Minister tells me that the Malaysian cabinet is unaware of this scheme?

Perhaps, these individuals at Bank Negara are upset with what I had to say and my own minister will also be briefed with the policy division as to the expected backlash if this scheme becomes a reality will be expected to be contained by us!

As far as I am concerned - Bank Negara - you are walking a consumer minefield!

We do not need more fire fighting!

There is enough with issues from political coups and counter coups, the embarrassing childish pranks our self serving politicians dish out to one another making a mockery of the law, transparency, good governance and accountability, political etiquette to the quality of life issues from escalation of prices on essential goods, tolls, and services, to the fear of fuel price hike to the pending resurrection of the Goods and Services Act (GST)!

I have already provided my ministerial friends and others the negative implications of this scheme and the possibility of a nationwide  consumer backlash if this scheme is launched!

But I also know that the Najib administration will not tolerate any scheme that will upset Malaysian consumers and grassroots!

We have already seen it in recent government responses!

I am aware that Premier Najib Tun Razak - is aware that we are in the business of winning the hearts and minds of Malaysians!

We have neither a political, personal, private agenda nor obsession and as long as policy changes are done in the spirit of cooperation, openness and with consultation with the stakeholders - we are happy!

Policy issues must be deliberated among stakeholders without any hidden agenda or black hand operatives manipulating the scheme for private industry interest!

So today - March 19th 2010 - I want to tell these ‘little Napoleons’ at Bank Negara stop behaving like political warlords and pursue a course of positive engagement!

Even my beloved Prime Minister has done away with political protocols in his ‘open door policy’ and ‘turun padang’ deliberations so why should not Bank Negara officials!

This much I tell the ‘little Napoleons’ - you will not win this one!

Public opinion is already against you!

Do the right thing Bank Negara - Scrap this scheme and address more pertinent issues like the ones I have addressed at the start of this blog!

 Our campaign against RACISM of all forms!

THOUGHTS FOR REFLECTIONS THIS LENT!

March 17, 2010 on 11:10 am | In General | Comments Off


Dr Jacob George is president and legal adviser to the Consumers Association of Subang and Shah Alam (Cassa)

Nothing heavy this morning – no sermonizing about public and consumer policy or advocacy!

Perhaps, what is needed TODAY - is a pause to pray and reflect!

And this story says it quite well indeed!

One day a woman’s husband died, and on that clear, cold morning, in the warmth of their bedroom, the wife was struck with the pain of learning that sometimes there isn’t “anymore”.

She found out that there were no more hugs, no more special moments to celebrate together, no more phone calls just to chat, no more “just one minute.”

There are no more ‘chances’ for those silly, petty and childish fights between spouses!

Sometimes, what we care about the most gets all used up and goes away, never to return before we can say good-bye, or say “I am sorry or I love you!”

So while we have it, it is best we love it, care for it, fix it when it’s broken and heal it when it’s sick.

This is true for relationship…..And old cars… and children with bad report cards, and dogs with bad hips, and aging parents and grandparents.

We keep them because they are worth it, because we are worth it.

Yes, indeed - some things we keep, like a best friend who moved away or a relative who has changed.

These are just some things that make us happy, no matter what.

Life is important, like people we know who are special.

And so, we keep them close!

I share this because this dear friend knew I was a ‘keeper’! Then I sent it to the people I think of in the same way.

Now it is your turn if you feel the same way to send this to all those people who are “keepers” in your life, including the person who sent it, if you feel that way.

It helps if one morning you never wake up and do all our friends and loved ones know we love them?

I was thinking.

I could die today, tomorrow or next week, and I wondered if I had any wounds needing to be healed, friendships that needed rekindling or three words needing to be said.

It could be – ‘I love you!’ or ‘I am sorry!’ or ‘I miss you!’ or that ‘I was wrong!’
The important thing is - let every one of your friends and loved ones know you love them.

Even if you think they do not love you back, you would be amazed at what those three little words and a smile can do.

And just in case even I am gone tomorrow.

I LOVE each and every one of you … all the same and yet different!

Live today because tomorrow is not promised!

May these words and thoughts help you during this important season of Lent!
 Our campaign against RACISM of all forms!

GST PAUSE SHOWS PM NAJIB’S SINCERITY!

March 16, 2010 on 10:59 am | In General | Comments Off


Dr Jacob George is president and legal adviser to the Consumers Association of Subang and Shah Alam (Cassa)

The interesting thing is there is a desire on the part of Prime Minister Najib Tun Razak to pause and re-look at things provided there is positive engagement!

An engagement without a political agenda, trickery and high powered back stabbing!- Dr Jacob George

 

 

It is strange that certain political demographs are already claiming the sudden reversal on government’s decision to table the Goods and Services Tax (GST) bill for the second reading as ‘their victory!’

Talk about fat, obese obsessive egos!

They also claim the pause is yet again another of the many government’s incompetence, a ‘flip flop’ instead that the government taking cognizance of feedbacks given them ‘behind the scene maneuvers’ by various individuals, representatives and pivot groups like CASSA and the Federation of Malaysian Manufacturers to seek more time to address the many issues of the GST!

And it was the same with Real Property Gains Tax (RPGT), the petrol subsidy which was supposed to be implement in May this year.

The interesting thing is there is a desire on the part of the Najib government to pause and re-look at things PROVIDED there is positive engagement and discussion!

An engagement without a political agenda!

I was at parliament yesterday and had the privilege to say thank you for the pause!

So instead of lauding the move, we seem to be more involved in creating a ‘political storm and claiming credit!’

And it is sad that there is far too much politicking in the country and we are all to blame for this state of affairs!

Can we all say – ‘tak nak politiking’ for the next 12 months to steer the nation back on its feet in structural, economic and political reforms!

I sincerely believe the government is trying to create a select committee to look at the many issues that will spearhead holistic political, structural and economic reforms and if that is also our desire also what is important is for the various stakeholders to also join in the chorus to assist in this deliberation abandoning private and personal political agendas!

I am certain that the Najib government would welcome the coming together of the various political parties in Malaysian in a ‘political ceasefire’ to work on a joint platform to spearhead the economic growth of the nation at a time it is most needed!

All we need is a ‘political ceasefire’, an end to the ‘tit for tats’, the undermining and political backlash ‘to and fro’ should all cease – with the setting up a cross party economic forum to work together!

With sincerity, dedication and commitment this will work!

 Our campaign against RACISM of all forms!

H1N1 IS NOT BUT DENGUE IS A THREAT!

March 12, 2010 on 12:58 pm | In General | Comments Off


Dr Jacob George is president and legal adviser to the Consumers Association of Subang and Shah Alam (Cassa)

So I cannot but concur that the WHO must have been suffering from four decades of amnesia because ordinary seasonal flu, which sweeps the world annually and which is far more lethal than the currently circulating low-virulence H1N1 swine flu certainly meets the organization’s definition of a pandemic: infections over a wide geographic area that affect a large proportion of the population?

 In the dengue case - strange that human life has suddenly become very cheap and our policymakers high threshold of tolerance and apathy to dengue deaths, to the extent that a death from dengue is just regarded as a statistic to be hidden from public knowledge instead of a human tragedy compounded by its totally unnecessary and avoidable character! - Dr Jacob George

H1N1 IS NOT BUT DENGUE IS A THREAT!

So has the H1N1 swine flu outbreak ended?

I have rightly felt that from the onset the World Health Organization’s actions have ranged from the dubious to the flagrantly incompetent.

Inexplicable that last year WHO boosted the pandemic alert to the highest level, Phase 6.

Which to the learned mind means a pandemic was under way and for the record that the WHO in 41 years had made such a declaration.

So I cannot but concur that the WHO must have been suffering from four decades of amnesia because ordinary seasonal flu, which sweeps the world annually and which is far more lethal than the currently circulating low-virulence H1N1 swine flu certainly meets the organization’s definition of a pandemic: infections over a wide geographic area that affect a large proportion of the population?

God help us and ironically, one might even consider the emergence of the H1N1 flu during the past year a net public health benefit, since it appears to have suppressed, or at least supplanted, the far more virulent and lethal seasonal flu strains.

I am advised for example that during the second week of January, 3.7% of Americans tested positive for the seasonal flu, compared with 11.5% during the same week last year.

The death toll in the U.S. from H1N1 is estimated by the Centers for Disease Control and Prevention (CDC) to be around 3,900, while in an average year seasonal flu kills about 36,000!

Someone is failed to look at the statistics!

Intentionally or otherwise?

So I am justified to say that the WHO’s April 2009 decision to raise the pandemic flu threat to the penultimate level, Phase 5, “Pandemic Imminent,” was unwarranted and far outpaced the data accumulated.

Worst, that the June declaration that a pandemic was under way, which exposed the WHO’s flawed fundamental paradigm.

A warning system based solely on how widely a virus has spread, but that does not consider the nature, severity and impact of the illness it causes, is prone to false positives; it would classify not only seasonal flu but also the frequent but largely inconsequential outbreaks of virus-caused colds and gastroenteritis as “pandemics.”

The truth remains that WHO has never offered any explanation for why these examples that seem to fit its definition of a pandemic do not meet its criteria.

But I am only citing the above in showing how misplaced the priorities of our policymakers and others expected to watch over our health needs are!

So this morning, we will move away from this ‘H1N1 thingy’ and concentrate on a more dangerous threat that seems to have got the authorities underwear all soiled up for the wrong reasons!

I am really saddened that more and more people are falling victim or have contracted dengue.

For the record, we have also had fatalities, including a Subang Jaya resident and a former Universiti Hospital eye specialist and associate professor who was a very close family friend!

For this reason alone, I cannot but be angry and upset that the information — that dengue fever continue to claim victims - 54 lives in 2002, with 10,753 confirmed cases reported nationwide then and still the figures rising is pathetic!

It is easy to give stupid statements like one given by an official who stated to a foreign wire that Malaysia is urging people to take precautions against dengue fever after a rise in deaths from the mosquito-borne virus.

The last time I checked, I was told that 31 people have died after catching the disease in the first two months of the year, compared with 28 deaths in the same period last year.

More than 8,000 people caught dengue fever in January and February, the peak time for infection after monsoon rains.

Last week alone, six people died.

And instead of addressing a great plan of action we see the same of stupid reasoning and advisory asking people to keep their surroundings clean and destroy mosquito breeding grounds, such as stagnant pools of water.

That they should seek treatment if they have such symptoms as high fever, joint pains and nausea.

It does not take a rocket scientist to say that the current dengue epidemic, the worst in the history of the nation deserves urgent government and public response and attention like it is abroad in countries like Taiwan, Singapore, Hong Kong and Indonesia!

But here strange that human life has suddenly become very cheap and our policymakers high threshold of tolerance and apathy to dengue deaths, to the extent that a death from dengue is just regarded as a statistic to be hidden from public knowledge instead of a human tragedy compounded by its totally unnecessary and avoidable character!

To add salt to the wound, neither was there a concerted nationwide effort to combat this outbreak nor action taken against those who allow this situation to exist, be they individuals, developers or the local council.

As a consumer advocate, may I ask the Ministry of Housing and Local Government and the Ministry of Health, how many “body bags” must we fill before it is classified “an epidemic” and worthy of a national alert and effort?

In 2001, Malaysia posted 50 deaths and reported 8,669 dengue cases.

I am also aware that the World Health Organization had issued an alert warning all tropical countries, including Malaysia, to be prepared for an increase in the number of dengue cases. It is a pity that our local authorities have not adequately responded to the alert.

Ironically, the problem is not in some unreachable corner but in several cities.

Time here is of the essence and it is of utmost importance that the Housing and Local Government Ministry and the Health Ministry put away their petty squabbles and ministerial tussles and address the outbreak.

The present situation calls for a high powered inter-ministerial effort support by NGO’s like CASSA not excuses and childish pranks!

It is also important that the Ministry of Information, instead of spending too much time on “political propaganda”, goes on a media blitz, using private television stations too, to reach the public about the dengue problem.

Here time is of the essence!

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LAW AND ETHICS A MUST IN ORGAN TRANSPLANTS! (Part 2)

March 10, 2010 on 11:58 am | In General | Comments Off


Dr Jacob George is president and legal adviser to the Consumers Association of Subang and Shah Alam (Cassa)

CASSA has decided to create a special chair to address these issues and would with immediate effect network with all stakeholders and NGO groups in the country and abroad to assure that the Istanbul declaration designs become entrenched in our society and those doing otherwise are targeted and disciplined accordingly!

This includes practitioners and private hospitals commercializing organ transplant and trade! - Dr Jacob George.

LAW AND ETHICS IN ORGAM TRANSPLANT (Part 2)

I wonder how many of you are aware that the Transplantation Society (TTS) and International Society of Nephrology (ISN) convened an international summit of 152 participants from 78 countries from 30 April to 1 May 2008 in Istanbul, Turkey.

Those who had participated in that landmark conference included medical and scientific professionals, representatives of governmental and social agencies, social scientists, legal scholars and ethicists.

And that meet resulted in what we call the Istanbul Declaration!

Now what does the Istanbul Declaration actually say:

Basically and in laymen’s language that all countries should take steps to govern organ donation and transplantation, thereby ensuring patient safety and prohibiting unethical practices!

The document is a consensus of more than 150 representatives of scientific and medical bodies from around the world, government officials, social scientists, and ethicists, who met in Istanbul, Turkey hence the name – Istanbul Declaration!

And what do they mean by unethical practices?

Let me define that here unethical practices related to transplantation include organ trafficking (the illicit sale of human organs), transplant commercialism (when an organ is treated as a commodity), and transplant tourism (when organs given to patients from outside a country undermine the country’s ability to provide organs for its own population).

The Declaration of Istanbul states that because unethical practices are an undesirable consequence of the global shortage of organs for transplantation, each country should implement programs to prevent organ failure and should provide organs to meet the transplant needs of its residents from donors within its own population.

Most importantly - the therapeutic potential of deceased organ donation should also be maximized.

What was brilliant was that at the introduction of the initiative renowned individuals like Dr. Francis Delmonico, professor of surgery at Harvard Medical School, emeritus professor of renal transplantation at the Massachusetts General Hospital in Boston, and the Director of Medical Affairs at The Transplantation Society (TTS), noted that with the increasing use of the Internet and the willingness of patients in rich countries to travel and purchase organs, organ trafficking and transplant tourism have become global problems.

It was Professor Francis contention which I fully agree and endorse that through these practices, which target vulnerable populations in resource-poor countries, the poor who sell their organs are being exploited, whether by richer people within their own countries or by transplant tourists from abroad!

He also added that that transplant tourists also risk physical harm by unregulated and illegal transplantation.

It was a universal voice of agreement when the participants in the Istanbul Summit urged transplant professionals to put an end to these activities and to foster safe and ethical practices for both transplant recipients and donors.

The Declaration outlines a number of steps that can help increase deceased organ donation and ensure the protection and safety of living donors.

It will be submitted to professional organizations and to the health authorities of all countries for consideration.

I cannot but really appreciate the stand of the declaration that

“The legacy of transplantation must not be the impoverished victims of organ trafficking and transplant tourism but rather a celebration of the gift of health by one individual to another!”

I am advised that the American Society of Nephrology (ASN) endorses The Declaration of Istanbul on Organ Trafficking and Transplant Tourism.

That ASN stands with The Transplantation Society, the International Society of Nephrology, and other organizations in condemning these practices.

Among the steps proposed and quite rightly and in timely fashion is for a legal and professional framework in each country to govern organ donation and transplantation activities!

It emphasized the urgent need for a transparent regulatory oversight system that ensures donor and recipient safety and enforces the prohibitions of unethical practices.

That job as I see it falls on governments and NGO’s like CASSA to ensure that the provision of care and follow-up of living donors be no less than the care and attention provided for transplant recipients.

I also strongly loved the specific call that professional societies should not continue to enable membership status for those individuals that violate the principles of the Declaration.

It called all stakeholders whether they are multi and transnational companies dealing with clinical research, pharmaceutical companies, public and private funding agencies, politicians to affirm the Istanbul Declaration in their consideration of clinical research support.

CASSA has decided to create a special chair to address these issues and would with immediate effect network with the Ministry of Health, Malaysia, cross border initiatives, all stakeholders and NGO groups in the country and abroad to assure that the Istanbul declaration designs become entrenched in our society and those doing otherwise are targeted and disciplined accordingly!

This includes SPECIALLY practitioners and private hospitals commercializing this matter!

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LAW AND ETHICS A MUST IN ORGAN TRANSPLANTS!

March 9, 2010 on 2:37 pm | In General | Comments Off


Dr Jacob George is president and legal adviser to the Consumers Association of Subang and Shah Alam (Cassa)

‘As a lead Consumer Advocate today involved in national and international networking task force addressing the whole question of organ transplant, the illegal trade and exploitation this is again a fine example legally citing of coercion and exploitation of people who are poor and the inability of legislation and statutes to protect their rights and interests!  - Dr Jacob George’

INTRODUCING LAW AND ETHICS INTO ORGAN TRANSPLANTS WORLD WIDE (Part 1)

I was in India recently and during my visit had the golden opportunity to meet some very fine and ethical individuals who do much service to humanity but also to the medical profession!

Since, I was very interested in the whole question of organ transplants, the sale and rackets that are attached to it and today’s big business ventures that bastardizes the medical profession where organ transplants has become ‘big business’ and in certain borders listed in the stock exchange resulting in what I will call the commercialization of organ transplantation my discussions with these renowned individuals became most interesting!

Whether it is the question of kidneys, liver or any other organ it is a fact today that in most countries notable in China, India, Egypt, Sri Lanka, South America the sale and ‘black hands’ attached to this has become an underground organized trade!

For example, I was told about the disgusting sale of kidneys in Tamil Nadu involving victims of the December 2004 tsunami.

I was told of the retrieval of organs from innocent non suspecting individuals after being drugged by syndicates and the mafia!

Stories that shocked and upset me!

As usual the networking and ‘modus operanti’ in some cases are defined and organized except for one thing – when the victims did not receive the financial rewards they were promised they went to the relevant authorities.

As a lead Consumer Advocate today involved in national and international networking task force addressing the whole question of organ transplant, the illegal trade and exploitation this is again a fine example legally citing of coercion and exploitation of people who are poor and the inability of legislation and statutes to protect their rights and interests!

As a lawyer I could not but ask my prestigious but humble hosts on the state of the law in India.

They kindly explained that the Transplantation of Human Organs Act (THOA) was passed by the Indian parliament in 1994 – a track record of 16 years!

The THOA was even ratified by the state assemblies.

I had the opportunity to read the said act and was glad that it did accept brain death as a form of death but the act strictly prohibits commerce in organs.

There were limitations to the donation of organs to what they termed as ‘first relatives’ which was defined as one’s mother, father, brothers, sisters, son, daughter or spouse of the recipient!

My take legally in this state of affairs was that by the authorities defining brain death as a form of death it extended the restriction to an even larger pool of donors (?) perhaps to overcome the shortage of organs like the kidneys, heart, lungs, pancreas and kidneys!

My hosts did however advice me thanks to the said legislation more than 2000 transplants were done but availability were far short the need and usually outstripped the situation.

Which they tell me - meant only one thing the world over – the active presence of a thriving illegal trade involving commercial donors and middlemen from various shades and professions.

And I was not surprised either when they told me of the involvement of those in the medical professions who were also involved in the illegal organ trade for financial rewards!

Shameful but a fact!

As I always indicated I find in all cases whether it is in China, India, Egypt, Brazil, some African state or for that matter even in the Asia Pacific Rim – two crucial ingredients or factors present and little done by the stakeholders to address them!

The two simply being:

1.      The inefficiency and ineffectiveness of statutes and legislation and its implementation surround the issue

2.      The financial and economic compulsions that make people donate their organs.


I do not want to sound self righteous but the truth is I have difficulty finding fault in the donors because of their economic situation and extreme poverty!

But we need to manage this issue and if the need be I shared with my Indian friends the legislation must be amended and I went on citing the changes I would include in such a move!

Most importantly – I suggested the need to involve identified/selected NGO leaders in various task force on Organ transplant initiatives, committees, select committees, patient advocate programmes to explore new possibilities which will result in addressing this issue and need in a responsible and ethical manner uprooting and surgically removing those irresponsible but involved in acts or omissions that breeds a climate of greed and exploitation in organ transplant and trade!

I would also seek to put on record an ethics of organ donation that will have the power of enforcement and law to take punitive sanctions to violators and organ transplant efforts that will steer this issue in a manner that brings hope not despair and in cases where necessary looking at the bigger picture rather than to address private agendas and personal greed of those in and outside what was once a noble profession!

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SUBANG RIA PARK - CASSA APPEALS TO SULTAN SELANGOR!

March 8, 2010 on 11:30 am | In General | Comments Off

SUBANG RIA PARK – CASSA APPEALS TO HRH SELANGOR SULTAN!

This is certainly not the first time I am asking these questions?

1. Whose incompetence, oversight and negligence was it when a separate title was issued to a developer for the 32 hectare park and lake popularly known as Subang Ria Park in Selangor?

2. How many titles for other open spaces such as lakes and parks are still in the hands of developers and yet to be surrendered to the government?

And why am I asking these questions yet again?

Simple!

The tragedy of Subang Jaya is that more than 35 years ago, where then hundreds of pensioners and others invested in an unknown housing scheme after being given the representation that they also would become co-owners of the 32ha land which has a lake, park and recreational area.

So they invested in this scheme even though there were more established ones in other areas.

Today, more than 35 years later, thanks to bureaucratic incompetence, foolishness and apathy of the highest order, the title for the 32ha Park still lies in the developer’s hands.

Now the only green lung in the mammoth concrete jungle called Subang Jaya is about to be exposed to further unhindered construction and perhaps, in future, to massive floods.

The wrangle for control over the park had been going on long enough between the developer, the municipal council, the state government, NGO’s like the Consumers Association of Subang and Shah Alam, Selangor (Cassa) and residents groups who want the title to be returned to the local council for the area to be gazette as a park.

File picture

Today, there are many ‘new voices’ added to this call but when it first started in 1998 it was just my team and I with several senior Subang Jaya residents!

For leading the campaign – I was ‘black listed’, defamed, my ‘rice bowl’ broken by powerful forces!

I was repeatedly targeted as a trouble-maker, controversial and non resident busy body, a personal non grata!

Complains were made to the special branch but little did they know they were my friends too!

Padan Muka!

But perhaps, those who questioned my motive, agenda, involvement there did not know of my consumer advocate background and track record nor were they aware that I used to live in Subang Jaya before some of them with my relatives in the late 70-80’s in what was then popularly known as the ‘horse shoe homes!

Many of my relatives still do live there!

It should ring a bell for the pioneer buyers of the scheme!

But I will not go back into all that – why re-open old wounds and hurt?

The truth is from time to time, when public outcry becomes politically unbearable - those in the seats of power would assure that no development would be approved for the park. But when the heat is of, again we hear of development plans and schemes for the area.

This is a pity because if political leaders whom we respect and repeatedly return to power cannot keep their promises and uphold the right of the individual and the community, why should that community continue to blindly vote them in?

The Subang Ria Park tragedy and similar ones throughout the country show us quite clearly that we should not put our trust in those who make many countless representations in many versions, ultimately betraying us voters.

The pertinent question in Subang Jaya is when will such betrayal come to a halt and will those behind it made to account for wronging a community of residents?
File Picture- protest memorandum handed to then PM’

As I said – perhaps, we need to re-look at this whole issue and initiate a fresh approach. One that will perhaps be a ‘win-win situation’ for all those concerned!

I said this in my private moments to the SJMC Chief several months ago and our offer to mediate.

We need to move forward and perhaps what is needed is a more open discussion and less politicking!

A such - I cannot but appeal to our beloved Sultan of Selangor to please right a wrong and provide a breakthrough that will result in the said 32ha of land called the Subang Ria Park gazette as a park and recreational area for all.

As early as in 1999 a massive ‘Save Subang Ria Park Campaign’ was launched and initiated by the Consumers Association of Subang and Shah Alam, Selangor (CASSA) assisted by the then Member of Parliament Tan Sri Dato’ Dr K.S Nijhar.(see above left)

FLASHBACK

Below another example of the campaign:

THE STAR Metro
Friday, June 27, 2003

Subang’s green lung yet to be gazetted

The Consumers Association of Subang and Shah Alam, Selangor ( CASSA) is alarmed that despite a promise made by the Selangor Government to gazette the over 40ha Subang Ria Park and recreational area in Subang Jaya in the year 2000, nothing has transpired since.

It has been more than three years since former Selangor Mentri Besar Datuk Seri Abu Hassan Omar made a promise that he would initiate all efforts to gazette the popular park as a green lung, but to-date, nothing has come out of it! Uncertainty continues to prevail!

The promise was made after CASSA launched its Save Subang Ria Park Campaign in 2000 which captured the attention of both local communities bent on protecting their green lungs and environmental groups.

We urge the present MB Datuk Seri Dr Mohd Khir Toyo, to initiate the gazette to fulfil and settle a 19-year wait for residents of Subang Jaya and the surrounding area.

This matter has been left for far too long and it is pertinent that the Federal Government intervenes and instructs the state government to take the necessary steps to protect the rights and interests of the Subang community.

A campaign to collect over one million signatures has been initiated to accompany a memorandum of appeal to be sent to the Selangor Government on the matter.

The said campaign launched by Subang MP Tan Sri Dato Dr K.S. Nijhar.

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‘NO FAULT CLAIM’ – WHOSE BEING PROTECTED?(Part 4)

March 6, 2010 on 9:34 am | In General | Comments Off

‘NO FAULT CLAIM’ – WHOSE BEING PROTECTED?(Part 4)



Dr Jacob George is president and legal adviser to the Consumers Association of Subang and Shah Alam (Cassa)

It always shocks me how government organizations and other key ministries or institutions fail by ‘shooting themselves in the foot’ by sheer arrogance or worst, incompetence!

The Malaysian demography is today crying out for participation in government policy issues and rightfully so.

But sadly, in this case of the ‘no fault claims’ or call it whatever you want – again, the glaring absence of grouping all stakeholders before drafting the script of change is grossly visible!

There is a rumor that two law firms are to be asked to participate?

I must advice Bank Negara again that if this rumor is true; asking two law firms to provide an opinion paper is not consultation with stakeholders!

The two law firms are not stakeholders for the Consumers, the Malaysian BAR, the Trade Unions, the civil society, the Attorney General’s Chambers and others who have interest in this matter!

My humble request is Bank Negara should organize an all stakeholder conference to deliberate on the issue, set up a select committee thereafter to steer the issues involved in an organized manner!

I am sure Prime Minister, Najib Tun Razak would welcome such a move and deliberation rather than one that is done in a ‘cloak and dagger manner’  which will escalate into a full blown controversy and backlash when the nation is already riddled with so many massive political bush fires and now risk creating another!

More so, if it is the intention of the federal government to ‘win the hearts and minds’ of the Malaysian demography?

But I also raise the whole question of this issue the controversial – ‘no fault claim’ proposal that is now undertaken like a ‘cloak and dagger thingy?’

Is this all necessary?

Has the present system failed so badly resulting in total chaos in the courts pertaining to insurance coverage and claims?

Only an absolute idiot will say so or worst, a ‘fat cat predator’ using his political tentacles to manipulate this sector in view ‘future mergers and acquisitions’ or to ‘dog tag’ the payouts to enrich the insurance companies and their owners and senior managements who would enjoy obese profits and vulgar bonuses!

This is not right!

Is it the plan of a selected few to want to reap great profits at the expense of other stakeholders and the injured on the streets and highways of 1Malaysia!

No? Then prove me wrong!

But, hear my contentions first!

Today, this matter has been handled professionally and at great speed!

And kudos to the Chief Justice Tun Zaki Azmi for the proactive move and fast tracked changes!

Today, this matter has been handled in a two tier system.

First there are two courts set aside to handle tortuous cases.

This means speed being the essence!

The result I am advised by my peers that the 2008-2009 cases have been all being disposed of!

Secondly, Tun Zaki has introduced the whole question of mediation where Judges are to fix matters for mediation to narrow down contentious issues and thereafter commerce hearings!

And it is working so when not broken, why try to fix it?

As far as the awards go there is uniformity of awards and there are guidelines for judges to follow!

And such no runaway obese vulgar awards!

My friends who sit at Bank Negara and the others busy ‘pushing pencils in air conditioned rooms’ need to know that the insurance tariffs have not changes drastically here in Malaysia for the last 30 years!

So who is stirring this hornets’ nest?

Who is seeking obese vulgar profits by sacrificing Malaysian consumers?

Have the courage to go on record!

Do not be like termites or political Eunuchs, come address my concerns and that of all the stakeholders in an all stakeholder’s conference before drafting any final change!

A failure will end with one having to face the wrath of Malaysian consumers for siding with the insurance mafia’s and cartels!

Bank Negara - You have been repeatedly warned!

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RISE OF INTEREST RATES, FUEL PRICES AND GST COMING – CONSUMERS DOOMED?

March 5, 2010 on 4:07 pm | In General | Comments Off


Dr Jacob George is president and legal adviser to the Consumers Association of Subang and Shah Alam (Cassa)

I have no problems whatsoever in seeing an increase of about 10 sen in petrol prices, post May 1, unless we have further brain waves coming out with better fuel subsidy schemes, which is not ideal in the long run!

And yes, it will have an impact on prices of food, services and essential items across the board with individuals and groups attempting at profiteering.

Subsidies are not the answer but in a nation where it has become a way of life from the production of ‘2 minute instant billionaires’ thanks to political patronage what can I say?

Where and at what stage do we start dismantling it without the issues being racialised, bastardized and muddied in certain racist vernacular newspaper without looking at the issues intelligently and with rationale and comparison where we are as a nation with others in the region? - Dr Jacob George


RISE OF INTEREST RATES, FUEL PRICES AND GST COMING – CONSUMERS DOOMED?

Some major ‘tai chi’ moves are being made and I cannot but predict further hard times for Malaysian consumers at the near horizon!

First, I cannot but notice that our ‘ever ready and friendly’ - Bank Negara raised its overnight policy rate (OPR) by 25 basis points to 2.25% giving an indication that the time was ripe to normalize interest rates with the improvement in economic conditions.

Did they cite ‘improvement in economic conditions’ – perhaps from their political positioning and mindsets but from where I stand at the grassroots – it looks pretty screwed up!

If that was not bad enough the announcement by my ministry that there will likely be a slight increases in fuel prices over time now that it has been officially announced that the proposed two-tier fuel subsidy scheme based on vehicle engine capacity has been scrapped will add fuel to fire!

Come let us face it, I liked the two-tier fuel subsidy scheme proposed in theory, which to me appeared good on paper but issues such as implementation and enforcement were questionable!

And worst, they wanted to implement it on May 1?

I thought foolishness was only apparent at the stock exchange!

Now the situation is calmer and clearer!

I have no problems whatsoever in seeing an increase of about 10 sen in petrol prices, post May 1 unless we have further brain waves coming out with better fuel subsidy schemes which is not ideal in the long run!

And yes, it will have an impact on prices of food, services and essential items across the board with individuals and groups attempting at profiteering.

Subsidies are not the answer but in a nation where it has become a way of life from the production of ‘2 minute instant billionaires’ thanks to political patronage what can I say?

Where and at what stage do we start dismantling it without the issues being racialised, bastardized and muddied in certain racist vernacular newspaper without looking at the issues intelligently and with rationale and comparison where we are as a nation with others in the region?

Now coming back to the fuel price thingy and based on US$80 per barrel of crude oil, the Government was currently subsidizing fuel at the pump at around 40 sen per liter so a raise of say another 20 sen maybe warranted and help the government to close the gap on the fuel subsidy which remains unsustainable at the present course!

At the end of the day whatever schemes we introduce we must ensure it is a viable scheme and meet my two major consumer concerns namely that the hardcore poor are not badly affected and the scheme proposed addresses the fuel subsidy issue.

We must also address wastage and abuse across the political landscape!

At the end of the day – with the emerging hardcore controversy of the GST lurking it will take political courage to address these issues plainly and with a motion at wining the ‘hearts and minds’ of voters failing there are rough seas and turbulence ahead!

Next: FREEZE FOREIGN HYPERMARKET MUSHROOMING & LICENSING SAY CASSA! 

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FDA SCREWS NESTLE OVER MISLEADING LABELS!

March 5, 2010 on 10:27 am | In General | Comments Off


Dr Jacob George is president and legal adviser to the Consumers Association of Subang and Shah Alam (Cassa)

Crack down on food labels - say no more to lying in claims on labels!

It is about time that we have clear cut legislation with punitive sanctions for violations not ‘guidelines’ for nutritional labeling and efforts made to advice those who are raking in billions of obese profits in the food industry!

Let us not forget the obese perks and salaries not forgetting the bonuses their top management and owners receive!

Totally vulgar! - Dr Jacob George


FDA SCREWS NESTLE OVER MISLEADING LABELS!

From time to time – something great happens that gives me a mental orgasm and kicks up the spirit!

And certainly, I was overjoyed in being advised by my counterparts in the US that – its health regulators the Food and Drug Administration (FDA) warned units of Nestle and more than a dozen other food makers about overstating or misstating the nutritional value of baby food, nuts and other products on their labels!

So our boys and girls at the various Malaysian enforcement agencies will run ‘helter-skelter’ trying to show that the monthly wages they receive are honest wages (halal) as they are doing their job examining various claims made on consumer products on Malaysian soil without waiting to fire fight after we have highlighted issues on the ground!

So far the issues surround claims made over trans fat content, antioxidant advantages, and omega-3 benefits that fail to Food and Drug Administration guidelines.

As a Consumer Advocate who has been campaigning relentlessly for new package labeling legislation that makes it easier for people to understand the nutritional content of food, I am excited at this ‘turn of events!’

It is about time that we have clear cut legislation with punitive sanctions for violations not ‘guidelines’ for nutritional labeling and efforts made to advice those who are raking in billions of obese profits in the food industry!

Let us not forget the obese perks and salaries not forgetting the bonuses their top management and owners receive!

Totally vulgar!

Though I am relieved at this new development I am saddened that there is a lacking serious crack down on manufacturers who exaggerated the healthfulness of their products!

When I say new legislation - I mean new legislation (when we can get a DNA Law in record time why not this?) that should take a punitive stance on claims over trans fats and whole wheat as well as make the nutritional facts panel on the back of food packages easier to understand.

We need to also look at the claims made like - “Healthy as Fresh,” an “Excellent Source … of Vitamin A” and have “No Added Sugar,” and more so if the products are meant for children below two years of age!

I am told that the shares of Nestle closed down 1.8 percent in Europe after this event but that is absolutely nothing – as – you will understand by just visiting any Malaysian hypermarket to see the number of Nestle products on the shelves and the huge obese and vulgar profits they make!

Perhaps, Malaysian consumers should seriously look at the claims made in the said labels, question them, compare prices of these products and examine close alternatives?

After all nothing wrong in being a ‘SMART CONSUMER!’ 
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SAYING NO TO COMMERCIALIZING LIVER TRANSPLANTS IN MALAYSIA! (Part 1)

March 1, 2010 on 8:33 am | In General | Comments Off

Dr Jacob George is president and legal adviser to the Consumers Association of Subang and Shah Alam (Cassa)

Before anything else – I want to thank Prime Minister, Najib Tun Razak for granting me ‘my humble request’ made in my earlier blog regarding the Director General of Health Services, Malaysia!

I am indeed very happy!

On liver transplants:

I have no complains at all at the manner liver transplants are being managed at government hospitals but I am concerned at recent public spins and other articles by mercenary journalists hired by private healthcare centers and their stupid communication executives to canvass stories and manipulate the debate on this issue with slanted views!

It is time that all liver transplant programmes in the country (private & public) be monitored and reviewed by a government appointed select committee chaired by the DG of Health Services to ensure professionalism and accountability! - Dr Jacob George


SAYING NO TO COMMERCIALIZING LIVER TRANSPLANTS IN MALAYSIA! (Part 1)

At a government hospital in Malaysia I am advised that the cost for a liver transplant is just RM500.00 (thanks to the sponsorship and corporate responsibility)

But strangely, the same operation elsewhere costs over RM350, 000.00 - dead or alive!

Apart from the issue of the over-all costs, other issues that are also been debated is who really decides on whether such an invasive procedure is the best solution for that patient!

Or that the organ made available is best suited for another patient having a greater chance of survival!

I raise this morning these questions because I am really disturbed at the way this is being tackled in the country!

I have no complains at all at the manner liver transplants are being managed at government hospitals but I am concerned at recent public spins and other articles by ‘mercenary journalists hired by private healthcare centers and their stupid communication executives’ to canvass/spin/advertize stories and manipulate the debate on this issue with slanted views!

The issue of liver centers or transplants is nothing new; we have them in Thailand, Hong Kong, Australia and Singapore!

There are also such controversial centers in China, India, Sri Lanka, in the underground in Egypt and several other countries in South America!

I am a strict advocate for a strict code of ethics surrounding the whole question of liver transplants – which today is being brushed aside by some who are commercializing the trade which to me is a disgrace to the medical profession!

They are a disgrace because they have commercialized this call and what matters to them are the financial returns rather than what is best for the patient!

I have heard from affected consumers of many stories and among them two that I will recollect here!

The first where it was clear that an invasive surgery was unnecessary as it will bring forth no positive result but despite that the surgery was done and the patient died!

The patient’s family still paid!

In the second incident, the surgery was completed the patient developed major complications and was then referred to a government hospital where an attempt was made to rectify and crisis manage the case!

The patient also died!

In the same breath, I know of a dear friend and member of the Malaysian Bar who represented me at the industrial court after I was ‘brutally retrenched’ at 44 years of age   destroying my corporate career!

Yes – and I am not Jesus of Nazareth - ‘all that forgiving’ -  so may those behind ‘that retrenchment of one person’ that destroyed my career all be cursed with painful horrendous deaths because their act caused so much pain and destruction in my life for the last 11 years!

But, coming back to this solicitor friend – he conducted my case especially the examination in chief in pain, medical discomfort, knowing fully well he had only weeks to live!

I knew he took my case personally because he really cared for me - saying that I reminded him of himself during his younger days when he was a unionist and fought for the rights of others and was penalized dearly!

As I sat with him at a government hospital he spoke of opportunities that presented themselves to him from others to ‘lengthen his lifespan’ by going for a liver transplant to China!

Yes, in that there was a huge financial costs but he could afford it but there was others issues that he reflected upon prior to making up his mind!

He told me of the professional and medical advice he received from government doctors after which he decided against going to China!

Instead as advised - he spent quality time with his loved ones with whatever time he had left!

My dear friend/solicitor was very pleased at the advice given!

Weeks later he died!
It is time that all liver transplant programmes in the country (private & public) be monitored and reviewed by a government appointed select committee chaired by the DG of Health Services!

This is to ensure professionalism and accountability!

I will also certainly take this matter up with the no nonsense Director General of Health Service, Dr Ismail Merican urging him to set up a high powered team to review any third party attempts to set up ‘liver centers’ or for that matter any organ transplant unit unless the many issues like costs, decision making process, selection, ethics, governance, medical legal issues, audits on mortalities are clearly addressed!

These centers must also be monitored by our Ministry of Health experts!

It is time we addressed the profiteering, the moral and ethical issues that surround the whole question of organ transplant and in this case - liver transplant in Malaysia!

Every effort must be made to deny a base in Malaysia where these forms of exploitation could be a way of life!

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