Ahad, 16 Oktober 2011

Comments for Wee Choo Keong

Comments for Wee Choo Keong

Comment on Dr Wafi: MAS employees questioning the wisdom of the “matrimony” by LittleBird

Posted: 16 Oct 2011 11:07 AM PDT

Parameswara, what you put out there is on the surface. The circumstances under which MAS is under and the “collaboration” is vastly different from the AF-KLM merger. And the regulatory process they underwent and the patterns occuring here are totally different.

Read between the lines. There are rules when it comes to anti-competitive behaviour, most of which appear to have been broken/on the verge of being broken here than in the AF-KLM merger. If you ask any competition law practitioner, I am willing to bet my bottom dollar that they can draw clear distinctions between the AF-KLM merger and this situation.

It’s like saying Star Wars and Star Trek are the same thing when the only thing in common is that they are both stories about adventures in outer space.

The issue here is not about whether what can be done or can’t be done. It’s about whether the people in the positions they are have adequately carried out their responsibility.

As a MAS shareholder, I demand the proper management team members, ie Dr Wafi clarify to us exactly what is the basis on which he feels that the airline/AK are not offending the competition laws. We should NOT accept “because the external counsels say so”. He as head of legal can overrule external counsel advise if he has a strong enough argument (it has been done in many companies, including MAS. The internal counsels can vouch for that). Likewise, if he is in agreement, to give the basis of his concurrence to support his issuance of that notice to MAS employees. As a proper officer of the company, it is his DUTY to advise top management on whether a plan is lawful, unlawful or even “dodgy”. You can’t go opinion-shopping to support a conclusion that you want to see and then tell the employees that the external lawyers say so.

Failure of properly explaining only serves to make investors like us lose our confidence in the leadership of the company. Tie that to the insider trading allegations prior to the share swap, what we have here is blatant disregard to not only the interest of the company but also the shareholders.

As a corporate lawyer, I would like to know whether they have breached any of their contractual covenants on shareholding structures and “material adverse effect on the operations of the company”-type of clauses, which are ubiquitious in financing and project documents, with the share swap. Did the parties do proper due diligence?

YB, I feel you are the only one who actually cares about us.

Parameswara, if the people in MAS can satisfactorily clarify the questions raised, I’m sure we would all be happy to back down from all the questioning.

Comment on Dr Wafi’s advice to all employees of MAS by Hussin Rahman

Posted: 16 Oct 2011 10:36 AM PDT

Reading these really spoiled my night. Now I am more convinced that there are so many corporate crooks in Malaysia. So many “high-fliers’ yang short-sighted, syok sendiri tanpa memikirkan kepentingan negara. No wonder the country finds it hard to attract more FDI.

Comment on Dr Wafi: MAS employees questioning the wisdom of the “matrimony” by Parameswara

Posted: 16 Oct 2011 09:16 AM PDT

For the benefit of readers of this blog, here is something about Air France and KLM.

KLM's management is in the hands of its Executive Committee (Excom). This consists of the statutory managing directors and executive vice presidents of KLM's business units. The statutory managing directors are President and Chief Executive Officer Peter Hartman, Chief Financial Officer Frédéric Gagey ( also Executive Vice President Fleet Management van Air France KLM), Managing Director Erik Varwijk (also Air France KLM International & The Netherlands) and Managing Director Camiel Eurlings (also EVP Air France KLM Cargo).

Together they comprise the Managing Board and as such bear responsibility for KLM. Do you all see the dual roles, at least 3 of the above have in Air France?

KLM also has other interests including a 26% share of Kenya Airways!

KLM has an independent Supervisory Board which is responsible for supervising the company and it's Managing Board.

KLM is a Dutch company and is part of AIR FRANCE KLM S.A., as is Air France. The management of AIR FRANCE KLM lies in the hands of the Group Executive Committee (GEC), which focuses on such group related subjects as strategy, finance, commerce, technology, IT, procurement, and fleet development. The GEC has eleven members and sets and monitors AIR FRANCE KLM's strategic course. The GEC is headed by AIR FRANCE KLM Chief Executive Officer Pierre-Henri Gourgeon, in cooperation with KLM President and Chief Executive Officer Peter Hartman.

Is the GEC above something like the JCC that was mentioned during the public announcement of the co=operation between MAS and the LCC?

Since May 2004, Air France and KLM Royal Dutch Airlines have become the largest European airline group: one group, two airlines, and three businesses. Each airline has retained its individual identity, trade name and brand. The three core businesses are Passenger Business, Cargo and Engineering & Maintenance. Both airlines run their own operations from their respective hubs Paris-Charles de Gaulle and Amsterdam-Schiphol.

In Malaysia the LCC runs its business from the LCC terminal while MAS operates from the main building of KLIA!

KLM Engineering & Maintenance is largest aircraft manufacturer in the Netherlands, employing around 5,000 technical staff. KLM E&M and Air France Industries (AFI) jointly carry out maintenance, repairs and modifications on aircraft, engines, and components for the AIR FRANCE KLM fleet and various other airlines worldwide.

Developed country airlines can do, but Malaysia tak Boleh?

Comment on Dr Wafi: MAS employees questioning the wisdom of the “matrimony” by Jala

Posted: 16 Oct 2011 09:07 AM PDT

We the employees of MAS know about this Dr Wafi. Just incompetent. If not he wouldn’t have came out with such e-mails. He would have advised the management before all decisions are made or carried out. We all know that Rashdan is just an eager beaver with no knowledge whatsoever about airline. It was for that reason why WAU failed. Wafi knew about it because he was brought into MAS at that time by Tan Sri Md Nor. Therefore, he was duty bound to advise Rashdan and the other Bard of Director on all decisions made on whether they will contravene the provision of Competition Act. But he was more interested in passing matters to the hands of consultants so that he can hide behind.

I agree with YB that the 6 decisions were made not in the interest of MAS but others. Stupid decisions. Head of Legal is also stupid. so they made a good pair.

Forget about this guy. I don’t he knew what he was doing. He is just taking orders blindly.

Comment on Dr Wafi: MAS employees questioning the wisdom of the “matrimony” by Parameswara

Posted: 16 Oct 2011 08:24 AM PDT

Amir,
You are very focused.
At least you know that it was not Dr Wafi who decided or collaborated on these matters.

Dr Wafi hanya beri panduan sikit supaya kakitangan MAS tidak terperangkap dalam hal berkongsi maklumat dengan LCC itu.
Yang di syorkan oleh Dr Wafi adalah, ikut peraturan untuk mengelak tindakan undang-undang.

Yang harus memberi keterangan lanjut kepada orang awam dan pembayar cukai adalah pemegam saham AirAsia dan MAS. Bukan pengurusan MAS.

Comment on Dr Wafi: MAS employees questioning the wisdom of the “matrimony” by Amir

Posted: 16 Oct 2011 07:53 AM PDT

Parameswara

All the six decisions made by MAS under Rashdan were not in the best interest of MAS. It was clearly to stop competition with AirAsia. kau buta jugakah? Lebeih kurang kot! Satu Gaji Buta dan pak turutnya Buta terus.

Comment on Dr Wafi: MAS employees questioning the wisdom of the “matrimony” by ,...,..

Posted: 16 Oct 2011 07:45 AM PDT

Yang komen ni tak de keje lain kah?? Macam anak sial je datang perli orang yang belajar penat2 dapat gaji lagi bagus daripada semua anak2 yg komen kat sini! 90% yg ada kat blog ni semua orang yg GAGAL dalam kehidupan diri sendiri… Dah GAGAL , berusaha lagi laa… Ini datang ejek orang yg berjaya sebab nak dia gagal sekali dengan korang….. Nampak sangat semua dengki !!!! Kalau sikap camni, sampai korang MAMPOS masih GAGAL .. tak berjaya langsung dalam kehidupan… DR. Ini tahu la keje dia… Bersusah payah nak protect the company and the board of directors daripada masuk penjara!!! Pastu korang perli dia! Anak jahanam!

Comment on Dr Wafi: MAS employees questioning the wisdom of the “matrimony” by Rusli of MAS

Posted: 16 Oct 2011 07:28 AM PDT

Parameswara

The boss was blur so the macai must also be blur too. The union’s emails clearly tells us that “mere mortals” means TF and KM and not the staff of MAS. The union’s clearly expressed their hidden unhappiness about the deal and Dr Wafi’s e-mails. You must be be in the state of deny syndrome. Please carrying on to polish Wafi’s Porsche Panamera.

I do hope that MACC will ask him to declare his assets. Dr Gaji Buta is part of the “Kumpulan Dead Wood”. He is parr of Tan Sri Md Nor’s legacy.

Comment on Dr Wafi: MAS employees questioning the wisdom of the “matrimony” by Chan

Posted: 16 Oct 2011 06:53 AM PDT

Parameswara

Please tell your boss (the gaji buta Dr) to consider the 6 decisions in the light of Competition Act. But he has no time for such matters. He was more instructed in circumventing the law. Too many of such characters that have been left to run MAS. It was for this reason that MAS is in the shit today.

The two e-mails showed that he is one of the dead wood around. Please advise him to forget about MAS leave it to more competent people to handle MAS. The gaji buta can just join Datuk Azman Mokhtar running around with his Porsche Panamera. Another directionless guy.

Comment on Dr Wafi: MAS employees questioning the wisdom of the “matrimony” by weechookeong

Posted: 16 Oct 2011 02:49 AM PDT

Dear Parameswara

Thank you for your comments and reading my blog.

Firstly, I have to give credit where credit is due. Surely you must agree with me that Dr Wafi has high credential coupled with his known expertise in Competition Law. Even the government gave him the recognition by appointing him as the advisor to the Malaysian Competition Commission. Obviously, I will have to put him highly otherwise it will most unfair on my part not to do so. Of course, I did not expect the responses that we got but that were the personal views of those within and outside MAS. I really am glad that you are the few brave ones that defended Dr Wafi. That goes for freedom of speech.

You must bear in mind that Dr Wafi is not a normal employee of MAS. He belongs to the top management of MAS and he rubs shoulder with people like Rashdan. In his e-mails he appeared to have full knowledge of the secret share swap and the so-called “Collaborative Frameworks”. Obviously, he also have access to and appraised of all the previous decisions and plans of MAS/Firefly of the old management headed by YM Tengku Azmil.

With that backdrop, Dr Wafi as an expert in Competition Law should have already knew in his mind whether the secret share swap and the collaborative frameworks have violated the Competition Act. If the spirit of the share swap is to genuinely save MAS then Dr Wafi should not be worried about the outflow of informations by employee because it will not affect the genuine exercise of co-operation between MAS/AA. Unless, of course, what he knew that we don’t know about the actual intentions of the share swap then I can understand his concerns as expressed in his two e-mails.

Quite frankly, the timing of the share swap is irrelevant. The intentions and spirits of the secret share are of material importance.

Perhaps you should ask Dr Wafi whether the six decisions that MAS made recently under the management headed by Rashdan have violated the Competition Law. They are as follows:

1. the announcement of changing Firefly's original objectives and plans under the old management of MAS headed by YM Tengku Azmil, who has since "resigned";

2. decision to cancel many Firefly full load flights during the recent Raya season cuasing great inconveniences to about 7,000 passengers and depriving Firefly of revenue;

3. decision to terminate profitable routes from JB to Kuching and Kota Kinabalu from 15-9-2011;

4. decision to terminate MAS profitable route to Bandung, Indonesia, from 4-10-2011;

5. decision to pay RM18 million to sponsor QPR home jersey for two years when MAS was supposed to be in deep financial state; and

6. decision to put on hold the MAS membership to One World (similar to Star Alliance where SIA and Thai International are members) which was supposed to be sealed now under the previous management headed by YM Tengku Azmil.

Dr Wafi should be concerned with the above decisions, which are the points that will be considered by the Malaysian Competition Commission.

I don’t see the outflow of information by employees are important because employees are not in possession of the confidential informations. Dr Wafi should be more concerned with the outflow of informations in the Board of MAS where they are “enemies in the house” as correctly put by MASE Secretary.

I think you have missed the wood for the tree or you walked into the jungle but you couldn’t see even a tree thats why you have misinterpreted the MASE Secretary email. You seemed to misunderstand the actual context of the MASE e-mail” … I do feel that it will be a very, very tall order and insurmountable task to convince our fellow employees to believe that mere mortals could keep their personal and professional interests apart.”

I am sure that every readers after reading the two e-mails understood that the words “mere mortals” meant the “enemies in the house” or the long standing competitors of MAS. I really am surprised that you can misinterpret it to mean otherwise.

How on earth that the outflow of informations by employees can implicate them in the anti-trust law proceedings if the spirit of the share swap and collaborative frameworks were genuine where MAS and AirAsia will be competing in terms of flights, routes and services.

I am for cooperation between MAS and AirAsia in terms of training and engineering expertise provided that they are paid for promptly even with a discount but definitely not 30% as granted by MAHB during the Abdullah’s Administration for the long overdue airport tax debts. But I am against stifling of competition between MAS and AirAsia. We must encourage competitions as competitions will provide better opportunities and benefit the consumers.

There is no need for co-operation or collaboration to couple with share swap. It wwas because of the share swap that people like Dr Wafi can’t wait to declare that under the share swap TF and KM are directors. Therefore, under the law they have accessed to all confidential informations of MAS. There are many companies in the world that went into co-operations without share swap. For e.g. the petroleum companies in the North Sea went into co-operation for research purposes in the North Sea without a share swap and they compete like hell every where in the world. There was no problem.

Please be assured that I am very focus in this issue. I have tabled 6 Parliamentary Questions, complaints to PAC and have been talking to MPS of both divides on this secret share swap. Fortunately none of the MPS that I have spoken supported or sympathised with the secret share swap. Well, YAB PM has answered my question on insider trading in connections with the trading of AA/MAS shares prior to and after the announcement of the secret share swap. So don’t worry I will not focus on Dr Wafi alone.

Thanking Mr Parameswarra for the inputs from your comments. I will definitely used them for my speech during the Budget Debate. Please be assured that no stones will be left unturned in my speech this coming week.

The coming week will be interesting. PAC will be sitting on 18-10-2011 and this issue will definitely be discussed. I believe an investigation will be commenced in due course.

Thank you.

I would like to also thank all the readers who have contributed their valuable comments and informations to help me in my task as MP. Thank you Crookbuster and Troubleshooter 2011 too. Have a nice weekend.

With kindest regards

wee chooo keong
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