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Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

Thursday, June 19, 2025

Public Bank ordered to pay RM90mil in damages to NFC for confidentiality breach, account leak

 


The Federal Court has ordered Public Bank to pay RM30 million each in equitable, exemplary, and aggravated damages to National Feedlot Corporation and three others for disclosing its accounts to the public.

PUTRAJAYA: The Federal Court has ordered Public Bank Bhd to pay RM90mil in damages to Natio­nal Feedlot Corporation ( Corp), its chairman Datuk Mohamad Salleh Ismail, and three sub­sidiary companies for breaching confidentiality by leaking bank account information.

A three-judge panel, chaired by Chief Judge of Malaya Justice Hasnah Mohammed, made the decision on the quantum of dama­ges here yesterday.

The court ordered the bank to pay RM30mil for equitable ­damages, RM30mil for aggravated dama­ges and another RM30mil for exemplary damages.

It also imposed a 2% interest on the total, beginning yesterday, until the amount is paid off.

Other judges on the bench were Chief Judge of Sabah and Sarawak Justice Abdul Rahman Sebli and Federal Court judge Justice Abu Bakar Jais.

On May 26, the same panel ­dismissed Public Bank’s appeal in the lawsuit filed by Corp and four others.

The panel unanimously dis­miss­ed the bank’s appeal to ­overturn the Court of Appeal’s August 2023 decision on grounds that common law was not ­applicable in the case.

It ordered Public Bank to pay RM300,000 in costs to Corp and others.

Regarding a cross-appeal by Corp and others against the Court of Appeal’s award of RM10,000 in nominal damages, the court allowed the appeal but deferred the decision on the ­damages’ quantum until Wednesday.

On Aug 30, 2023, the Court of Appeal allowed an appeal by Mohamad Salleh and its subsi­diaries against Public Bank for breaching contract confiden­­tia­lity.

The appellate court found a serious misappreciation of evi­den­ce, warranting appellate inter­vention, and ordered Public Bank to pay RM500,000 in costs.

The lawsuit, filed on May 22, 2012, alleged the bank breached confidentiality by allowing ­banking transaction details to be revealed by then PKR vice-­president Datuk Seri Rafizi Ramli, who recently resigned as Eco­nomy Minister.

They claimed the breach caused irreparable loss and damage to their business reputation under the Banking and Financial Insti­tu­tions Act.

On July 29, 2019, the High Court dismissed the lawsuit against the bank.

When met by the media later, Mohamad Salleh thanked his legal team.

“My family and I... my wife and children, we went through ­several hardships over the years.

“For 13 years. We are grateful to God,” he said.

Source link https://www.thestar.com.my/news/nation/2025/06/18/bank-ordered-to-pay-rm90mil-to-nfcorp-for-breach-of-confidentiality

Friday, September 30, 2022

California Superior Court Judge Lillian Sing speak out against US racism, demonizing Chinese & China

<iframe width="560" height="315" src="https://www.youtube.com/embed/PEcfqoz7t08" title="YouTube video player" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen></iframe>

 https://rumble.com/embed/v1j0zrj/?pub=4

https://rumble.com/v1ln5or-california-superior-court-judge-lillian-sing-speak-out-against-us-racism-de.html  

1st Chinese California Superior Court Judge Lillian Sing (born in Shanghai) speak out against US racism, demonizing Chinese, China and promoting proxy war in Taiwan Province against China.

加州第一位出生於上海的華裔高等法院法官公開反對美國種族主義、妖魔化中國人並在台灣省對中國發動代理人戰爭 

BIOGRAPHY:

The Honorable Lillian K. Sing - California - Trellis.Law


Judge Lillian Sing talks about comfort women justice coalition

 

Related:

 

 

US and its likes should reflect on colonialism and systematic discrimination against indigenous peoples: Chinese envoy

The representative of China at the United Nations Human Rights Council called on the US, Canada and Australia to seriously reflect on the systematic discrimination and oppression of indigenous peoples in their countries on Wednesday.


Related posts:

 

An article well documented history written by a Malaysian to China.马来西亚人在写给中国人的一封信,解开了一个真相!


 

 

Sunday, September 26, 2021

Major progress for China’s diplomacy as US heeds call from Chinese request list to release Meng Wanzhou

 https://youtu.be/9B7DybgHA1o 

 China Is Greeting Meng Wanzhou As A National Hero. How About Two Michaels?

 
https://youtu.be/IAwJbyqZ4_Y

 Meng Wanzhou waves to a cheering crowd as she steps out of a charter plane at Shenzhen Bao'an International Airport in Shenzhen, south China's Guangdong Province, Sept. 25, 2021.(Photo: Xinhua)

 

Hard-won victory reflects legal, political wrestling; good for ties


When many Chinese woke up Saturday morning surprisingly learning that the return of Huawei's Meng Wanzhou to China became a reality, some said it was the best news in quite a while.

The high-profile case of Meng, which has become a political dilemma significantly affecting the global geopolitical landscape, has been settled through both legal channels and political wrestling, experts said, noting that China, the US and Canada have seen the best scenario with much compromise made by the Biden administration in resolving the matter. It also helped pave the way for the positive interaction between the world's largest economies in the near future amid strained China-US relations.

It was also one mistake of the US administration that has been corrected in line with the request of China, as China put forward two lists to the US during the bilateral talks in Tianjin in July, including the List of US Wrongdoings that Must Stop which urged the US to release Meng, showing that Beijing's US policies began taking effect and remaining mistakes of the US have to be corrected.

Meng Wanzhou speaks to media outside the British Columbia Supreme Court in Canada on Friday. Photo: cnsphoto

Meng Wanzhou speaks to media outside the British Columbia Supreme Court in Canada on Friday. Photo: cnsphoto

After being separated for more than 1,000 days, she finally reunited with her family and such an emotional moment also aroused reactions from ordinary Chinese people who firmly believe that the motherland will always be "on their back" and save them from crisis.

"The color red, symbolizing China, lightens the brightness in my heart," Meng said in a post shared on her WeChat moment on her fight back home, noting that she deeply appreciates the motherland and the leadership of the Communist Party of China, as without them, she would not have been freed.

An official report by the Xinhua News Agency said thanks to sustained efforts by the Chinese government, Meng left Canada on a chartered plane arranged by the Chinese government on Friday local time. Chinese Foreign Ministry spokesperson Zhao Lijian also welcomed her return in a post on his personal Weibo account.

"Meng's return once again shows China's steadfast position in defending the rights and interests of Chinese citizens in its diplomacy with the US and overall foreign diplomacy," Li Haidong, a professor at the Institute of International Relations at China Foreign Affairs University, told the Global Times on Saturday.

Such firm position is also being taken as the backbone for Chinese citizens and companies overseas, inspiring numerous Huawei staff amid the US-led severe crackdown on its 5G technologies and sanctions over the past three years. On her return, dozens of Huawei employees shared the moment on their personal accounts, saying that with the support of the government, they would never yield to any unilateral foreign sanctions or bullying.

Many ordinary Chinese cheered Meng's return, posting welcome notes on social media. Chinese netizens were also thrilled at the news. Topics related to Meng's return topped the search list of Sina Weibo for almost the whole day, with relevant posts being read more than 100 million times.

The Global Times reporter saw crowds gathering at Shenzhen Baoan Airport with Welcome Home banners, and they cheered on Meng's return. Some were family members and relatives of Huawei staff, and they hailed the senior executive as a role model in facing US hegemony and a national hero, while more than 30 million netizens watched her arrival on livestream.

The Ping'an International Financial Center, a landmark skyscraper in Shenzhen, was lit up on Saturday evening to welcome Meng's return.

Meng waves to the crowd after her arrival at the Shenzhen Bao'an International Airport.(Photo: Xinhua)

Meng waves to the crowd after her arrival at the Shenzhen Bao'an International Airport.(Photo: Xinhua)

Hard-won victory 
 
In a video seen by the Global Times, a GPS tracker ankle bracelet that Meng had worn for over two years was removed on Friday, leaving a bruise on her ankle that some Chinese netizens considered "an impressive memory" about US bullying and political persecution against a Chinese citizen.

It has never been an easy fight for the defense team of Meng over the past two years, who has been battling with the help of the Western legal tools against extradition to the US, and reached a "pretty good" result in the eyes of both Chinese and foreign legal experts after the marathon-like legal proceedings.

Meng appeared virtually in an American federal courtroom in Brooklyn on Friday, and reached a deferred prosecution agreement (DPA) in a case of federal charges against her for bank and wire fraud. Under the terms of the agreement, Meng will not be prosecuted further in the US and the extradition proceedings in Canada will be terminated, according to a statement of William Taylor, one of the lawyers who represented Meng.

"She has not pleaded guilty and we fully expect the indictment to be dismissed with prejudice after 14 months. Now, she will be free to return home to be with her family," he said.

The senior executive of Huawei was arrested by Canadian authorities in December 2018 at the behest of the US, who remained under detention in Canada pending a Canadian judge's ruling on the US' extradition request for nearly three years. Meng and her defense team made the final push against extradition to the US, and the legal proceedings ended on August 18 without a decision.

A statement from the US Department of Justice (DOJ) said that under the terms of the DPA, Meng acknowledged that she knowingly made false statement to a financial institution in Iran-related transactions, and agreed not to commit other federal, state or local crimes.

"It's a pretty good deal," Gary Botting, a Canadian legal expert and author of several books on extradition, told the Global Times on Saturday, noting that through the case, many believe that the US is in no position to lead the world like a "police," and hopefully, the US judge presiding over the prosecution of Meng will see that.

Some Chinese legal experts said that it's not accurate to  take a DPA as a guilty plea agreement, like some Western media reported, as any arrangement should be accepted by all parties. Without paying a hefty fine or admitting guilt in court is also considered a good arrangement, experts said, noting that the US would make much more compromise to "pull out a nail set by the US" in China-Canada and China-US relations.

Lü Xiang, a research fellow at the Chinese Academy of Social Sciences, told the Global Times early Saturday that there are multiple factors driving the US to resolve this issue, including the consistent attitude of the Chinese government in urging the US and Canada to release Meng, and the mounting pressure that Canada has been facing as it clearly knows that if it insists on the extradition of Meng to the US, it would create irretrievable negative consequences on China-Canada relations, and also the unjustified procedures with the lack of evidence throughout the legal proceedings in Canada would further extend the legal battle many years.

Photo:Cui Meng/GT

Photo:Cui Meng/GT

Political wrestling

The day Meng flew back home, Canadian media reported that two Canadians - Michael Kovrig and Michael Spavor - left China on a plane to Canada. Spavor was sentenced in August in China to 11 years in prison after being convicted of spying on China's national secrets. He was ordered deported from China.

Although some Western media outlets and politicians claimed the release of the two Canadians was an example of "hostage diplomacy," experts said Meng was a "political hostage" taken by the US and Canada, noting that mounting evidence throughout the legal proceedings during Meng's fight against extradition showed she was the victim of political prosecution.

"In Spavor's case, imposing the order of deportation means he may not serve his jail time in China but will be deported to Canada. It leaves room for indictment while unleashing a gesture of goodwill," Qin Qianhong, a constitutional law professor at Wuhan University, told the Global Times on Saturday.

Kovrig and Spavor were charged by the Prosecutor General's Office in China for crimes undermining China's national security in June 2020. Spavor was convicted of spying on China's national secrets and was ordered deported from China, a court in Dandong, Northeast China's Liaoning Province, announced on August 11.

Spavor was found to have taken photos and video of Chinese military equipment on multiple occasions and illegally provided some of those photos to people outside China, which have been identified as second-tier state secrets, a source close to the matter told the Global Times on September 1.

Chinese officials and diplomats reiterated that the incident of Meng is different from the cases of the two Canadians in nature.

China's position on Meng's case is consistent and clear, Chinese Foreign Ministry spokesperson Hua Chunying said on Saturday. Facts have fully proved that this is an incident of political persecution against Chinese citizen, with the purpose of suppressing China's high-tech enterprises, she noted.

The accusation of Meng's so-called "fraud" is purely fabricated, she said, noting that even HSBC, which the US refers to as a "victim," has issued documents sufficient to prove her innocence. The actions of the US and Canada were typical arbitrary detention, the spokesperson added.

"There are flexibilities in legal proceedings around the world with different factors considered, which is sometimes embedded with the nature of humanity. Releasing the two Canadian citizens unlocks the bottleneck in China-Canada ties, which was expected," Lü said.

For Canada, which made a wrong political choice of being an accomplice of the US, it is still bearing the "bitter fruits." The deal can also help it ease strained ties with China, especially in trade, experts said.

He Weiwen, a former senior Chinese trade official, said Canada should make a further step if it wants to mend ties with China. "For instance, to show a positive attitude in China's participation in the CPTPP."

The deal indicates that the US has started to face up to the bottom lines China has drawn for further cooperation, and Washington is now "correcting mistakes it has made," experts said, noting that "it might be a turning point for China-US relations."

China in July put forward two lists to the US during talks in North China's Tianjin, one of which was the List of US Wrongdoings that Must Stop and the other the List of Key Individual Cases that China Has Concerns with.

China's attitude toward the US and Meng's case has been clear: her release is a must, and it seems bilateral ties are moving forward based on the two lists China put forward, Gao Lingyun, an expert at the Chinese Academy of Social Sciences in Beijing, told the Global Times on Saturday.

In the List of US Wrongdoings, China urged the US to revoke the extradition request for Meng among other requests.

In the list, China also urged the US to unconditionally revoke the visa restrictions over CPC members and their families, revoke sanctions on Chinese leaders, officials and government agencies, and remove visa restrictions on Chinese students.

In the other List of Key Individual Cases, China expressed serious concerns to the US on some key individual cases, including some Chinese students' visa applications being rejected, Chinese citizens receiving unfair treatment in the US, Chinese diplomatic and consular missions being harassed and rammed into by perpetrators in the US, growing anti-Asian and anti-China sentiment, and Chinese citizens suffering violent attacks.

Gao said the US' decision was obvious, since many things in the world such as climate change and the pandemic fight require China-US cooperation. And the US has been hurt from the deteriorating ties - inflation and debt - which made it urgent for the US to mend ties with China.

The Wall Street Journal reported on Friday US Commerce Secretary Gina Raimondo said she would seek to improve US business ties with China. Raimondo said she plans to lead delegations of US chief executives overseas, including to China, to hunt for business and discuss longstanding trade issues, though nothing has yet been put on the calendar.

The US also realizes that measures that aim to suppress and contain China are useless. In the end, the world's two largest economies must return to the right track of cooperation, Gao said.

Landmark buildings in Shenzhen exhibit giant slogans welcoming Meng's return.(Photo: Xinhua)
Landmark buildings in Shenzhen exhibit giant slogans welcoming Meng's return.(Photo: Xinhua)

Not to lose guard

Although the deal with the DOJ ended up with no crime and no punishment as Meng admitted wrongdoing but without a guilty plea, the agreement pertains only on Meng, Reuters said, noting that the DOJ said it is preparing for a trial against Huawei and looks forward to proving its case in court.

Huawei said in a statement on Saturday that the company expected Meng's return and reunion with her family. Meanwhile, the company will safeguard its interests in the lawsuit in the Eastern District of New York.

Some experts also warned that though the landmark progress of the incident created a positive atmosphere for China-US ties to return to the right path, Washington has created too much trouble over the past few years in confronting China, and some severely challenged Beijing's sovereignty. It will unlikely give up its plan of suppressing China's high-tech development.

"It will be difficult to see fundamental changes in the bilateral relationship in the next few years, unless the US takes more brave and active moves in improving ties," Li said.

Meanwhile, China-Canada relations have entered a period of debugging. Obstacles to the smooth development of China-Canada relations have been clearly removed. It also created conditions for Trudeau's China policy afterwards, he noted.

For Huawei, struggling on its track of transforming from a hardware maker to software provider amid the still tight US chip ban is still a long-term work, which has been gradually making progress.

"The transformation process is painful, since it's a transformation of the business model. But the good news is that we have gradually changed," Xu Zhijun, Huawei's rotating chairman, said during a roundtable interview Friday, noting that a frequent reshuffle of its senior executives is a reflection of how hard the transformation process is.

Key events in Huawei CFO Meng Wanzhou's case. Graphic: GT

 
 
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While many observers expect the return of Huawei's Chief Financial Officer Meng Wanzhou to create a relatively favorable atmosphere for US-China relations, some stubborn anti-China forces can't help but flagrantly ...

 

Sunday, December 4, 2016

Structural defects to blame, stop history repeating itself !

https://youtu.be/7FRTMX53TLc

Sniffing out signs of life: The K-9 unit of the City Fire and Rescue operations looking for possible victims at the site of the bridge collapse near Kampung Haji Abdullah Hukum in Kuala Lumpur.

KUALA LUMPUR: Structural failure possibly caused the collapse of an under-construction pedestrian bridge at KL Eco City near Kampung Haji Abdullah Hukum here.

Department of Occupational Safety and Health (DOSH) director-general Datuk Mohtar Musri said the initial investigation suggested that a defective structure could have led to the disaster on Wednesday.

He said the department would refer to the Construction Industry Development Board (CIDB) and Kuala Lumpur City Hall regarding the quality of materials used in the construction of the bridge.

Works Minister Datuk Seri Fadillah Yusof said a task force has been set up to probe the incident.

He said the result of the investigation was expected to be made public in a month, and that tough action could be taken against the developer if it was found to have flouted safety regulations.

“We can bring them to court, not just under DOSH but CIDB too. Under the CIDB Malaysia Act 1994, they can face a RM500,000 fine or a two-year jail sentence,” he said.

The RM7mil pedestrian bridge linking the planned KL Eco City project to the Gardens Shopping Mall in Mid Valley, which was still under construction, collapsed and killed one worker and injured five others on Wednesday.

The search-and-rescue operation at the site of the incident was halted after it was confirmed that there was no worker trapped underneath the mangled brick-and-iron structure.

City Fire and Rescue Department deputy operations chief Ruhisha Haris said K-9 teams had confirmed that there were no signs of a body.

However, the mystery of the missing construction worker remains.

“We first received information that a worker might have been trapped because a colleague saw him under the bridge minutes before it collapsed.

“A head count by the developer also revealed a missing worker, but they were unable to give us a name,” he said.

The dead victim has been identified as Tran Xuan Vang, 21, from Vietnam. Two other Vietnamese, Tran Van Hai and Luong Van Guyet, as well as Indonesian Nor Syamsi, Bangladeshi MD Jashim and Pakistan national Rais Aman Majid were injured and are currently being treated at Universiti Malaya Medical Centre.

Medical staff were forced to amputate Rais’ left leg on site to save his life.

In a statement issued on the day of the incident, SP Setia, the developer of the project, said it deeply regretted the incident and was working with the authorities in the investigation.

“The project team is still assessing the situation,” it said.

Work on the KL Eco City project – a mixed development comprising three residential towers, one serviced apartments tower, three corporate office towers, 12 boutique office blocks and one retail podium – started in 2011 and is scheduled to be fully completed by 2023.

Commenting on the incident, National Institute of Occupational Safety and Health chairman Tan Sri Lee Lam Thye said the time had come for players in the construction industry to practise their commitment to safety.

“All these accidents are preventable if the person in charge puts into practice good occupational and safety health measures and the site safety supervisor makes sure work is done properly,” he said.

By M. kumar and Nicholas Cheng The Star/Asian News Network

Stop history repeating itself


THE Consumers’ Association of Penang (CAP) is horrified with the news of the collapse of the incomplete pedestrian bridge meant to connect KL Eco City and Mid Valley Megamall in Bangsar, Kuala Lumpur.

Not even a month after a couple was crushed by a piling rig that fell on them at a construction site along Persiaran Astana, Klang, another tragic incident leading to serious injury and death has occurred.

If all the parties involved in the building industry – including the local councils, developers, contractors, architects, quantity surveyors, structural engineers, DOSH and all the others – had carried out their roles and functions efficiently, this could have been prevented.

Despite our repeated calls for the Government to conduct a full inquiry into the operations of the Department of Safety and Health (DOSH), it would seem like the relevant authorities are unable to comprehend the gravity of the situation.

When incidents like this happen, it becomes clear to us that DOSH and developers do not have their priorities right.

Instead of working on preventing such incidents, they wait until it happens before scrambling to take corrective measures to fix the problem.

The issue here is that there are no corrective measures that can be taken once a life is lost; that is not something that can be recovered.

Universiti Sains Malaysia’s (USM) Professor Datuk Dr Mahyuddin Ramli has been reported saying that incidents of this nature can happen when contractors do not comply with safety standards.

In this case, he said that concrete takes at least a week to dry and harden; the wet weather we have been experiencing means it will take even longer.

The USM professor also said that another way something like this can happen is if contractors do not use proper scaffolding during the construction process.

The distance between scaffolds and the size of the scaffolds used are very important as they will vary according to the structure they are meant to hold up.

DOSH’s director-general, Datuk Mohtar Musri, has stated that their initial investigation suggested that the incident happened because the structure was defective.

He said that they need to look into the quality of the materials that were used to construct the pedestrian bridge.

Whatever the cause, the relevant authorities and the public need to be aware that this is just history repeating itself.

If the incident did truly happen because of a structural defect, then it needs to be made clear that nobody can plead ignorance.

DOSH safety officers and onsite safety inspectors should have known about the structural defects if they did exist.

This begs the question of whether or not proper safety inspections were done at the appropriate stages by the relevant parties.

We ask that the results of the investigation into the latest incident be shared with the general public.

CAP would also like to know what happened to the findings from the investigation of previous incidents.

Why has this information not been shared with the public when their lives are also put in danger by the conduct of those at construction sites?

In view of this, CAP calls for penal action to be taken against all parties who have been involved in the project. They should all be held accountable even if they were not directly involved.

By S. M. MOHAMED IDRIS President Consumers Association of Penang

[PDF]The Law of Construction Defects and Failures


Worker killed in bridge collapse tragedy


https://youtu.be/3QFRF_5oRAY

The Star Graphics:  http://clips.thestar.com.my.s3.amazonaws.com/Interactive/midvalley/midvalley.mp4

KUALA LUMPUR: A Vietnamese construction worker was killed and five others were injured when a 70m yet-to-be-completed bridge near Jalan Kampung Haji Abdullah Hukum and Mid Valley Megamall collapsed.

The victim was buried in the rubble of the collapsed pedestrian bridge.

As of press time, rescue workers were still searching for a Bangladeshi worker believed to be trapped in the rubble.

The authorities have since mobilised the K9 unit to locate him.

The firemen and paramedics were seen changing shift as the rescue mission continued into the night. Some were heard saying that locating the victim would be challenging.

However, all the rescuers were resolute in their attempt to find the last victim, never once giving up hope.

The five injured workers – two Vietnamese, two Bangladeshis and an Indonesian – were sent to the Universiti Malaya Medical Centre for treatment.

Brickfields OCPD Asst Comm Sharul Othman Mansor said the bridge was 80% completed when the incident occurred.

“We are still investigating the incident.

“We were alerted at about 4pm of the incident and quickly mobilised a search-and-rescue team,” he said at the scene.

Four roads were also affected by massive jams due to the incident.

According to Star Media Radio Traffic, the affected roads were the Federal Highway from the arch, the Kerinchi Link after the Pantai toll plaza, Kerinchi Intersection from Bangsar South or Pantai Medical Centre and Jalan Syed Putra from the Kuen Cheng School till the Robson Intersection.

While the main reason for the traffic congestion was due to certain road closures to make way for rescue workers, traffic was backed up near the mall due to many motorists slowing down to see the collapsed bridge.

Mall patrons, construction workers and curious onlookers were seen crowding the area near the bridge, where it was cordoned off for safety precautions.

By Farik Zolkepli, Jastin Ahmad Tarmizi, and Austin Camoens The Star/ANN

Related:  
 
Developer to investigate
‘The ground shook and the bridge came crashing down’
Pedestrian bridge collapse: Long road to recovery for injured victims
Bridge collapse: SAR operations stopped, one worker still missing 


Govt may handle workplace safety


Fadillah: Independent monitoring likely


KUALA LUMPUR: The Government would like to take over the job of monitoring safety at construction sites away from developers following a string of deaths as a result of mishaps in the last three months.

Those duties, said Works Minister Datuk Seri Fadillah Yusof, may be entrusted to third party organisations that will be given autonomy in the planning, execution and supervision of workplace safety at construction sites.

Usually, these jobs are handled by contractors hired by the project developers but Fadillah said that this would mean the monitoring process was not independent.

Speaking at the launch of the Sustainable Construction Excellence Centre (Mampan), the minister said the suggestion for independent monitoring was brought up by the experts at the centre.

Mampan is headed by the Construction Research Institute of Malaysia (Cream), a subsidiary of the Government’s Construction Industry Development Board (CIDB).

Fadillah said the proposal to appoint third party safety monitors would be implemented first in Government construction projects.

He added that he hoped the private sector construction industry would do the same.

Currently, the Department of Occupational and Safety Hazard (DOSH) monitors government projects but it is reportedly too understaffed to keep track of every project.

For now we will have to make do with existing laws. This is why we need a commitment from the industry players,” he told reporters after the launch.

For now we will have to make do with existing laws. This is why we need a commitment from the industry players. Datuk Seri Fadillah Yusof

He said that Mampan would be a key organisation under the Government’s environmental sustainability initiative for its Construction Industry Transformation Programme.

The centre will undertake research with Universiti Teknologi Malaysia, Universiti Kebangsaan Malaysia, Universiti Sains Malaysia and the Rehda Institute to instil better industry practices, certification and awareness in the construction industry.

“We don’t want to build bridges that have no resilience and collapse when there is a flood.

“Our short-term goal is to position Malaysia as a regional leader in sustainability in construction and to raise the perception of sustainability in construction here,” he said.

Fadillah witnessed the signing of a Memorandum of Understanding between Cream chairman Tan Sri Dr Ahmad Tajuddin Ali and academics from the four universities and research institutes which will be a part of the new centre.

By NICHOLAS CHENG The Star/ANN

Related: 

Rehda: Not feasible to have third party monitor construction sites now ...


Related posts:


  Building structural integrity & failure: problems, inspections, damages, defects, testing, diagnosis, repair 

  

 Getting titles right in the engineering field in Malaysia

Saturday, December 3, 2016

Structural defects to blame, stop history repeating itself !

https://youtu.be/7FRTMX53TLc

Sniffing out signs of life: The K-9 unit of the City Fire and Rescue operations looking for possible victims at the site of the bridge collapse near Kampung Haji Abdullah Hukum in Kuala Lumpur.

KUALA LUMPUR: Structural failure possibly caused the collapse of an under-construction pedestrian bridge at KL Eco City near Kampung Haji Abdullah Hukum here.

Department of Occupational Safety and Health (DOSH) director-general Datuk Mohtar Musri said the initial investigation suggested that a defective structure could have led to the disaster on Wednesday.

He said the department would refer to the Construction Industry Development Board (CIDB) and Kuala Lumpur City Hall regarding the quality of materials used in the construction of the bridge.

Works Minister Datuk Seri Fadillah Yusof said a task force has been set up to probe the incident.

He said the result of the investigation was expected to be made public in a month, and that tough action could be taken against the developer if it was found to have flouted safety regulations.

“We can bring them to court, not just under DOSH but CIDB too. Under the CIDB Malaysia Act 1994, they can face a RM500,000 fine or a two-year jail sentence,” he said.

The RM7mil pedestrian bridge linking the planned KL Eco City project to the Gardens Shopping Mall in Mid Valley, which was still under construction, collapsed and killed one worker and injured five others on Wednesday.

The search-and-rescue operation at the site of the incident was halted after it was confirmed that there was no worker trapped underneath the mangled brick-and-iron structure.

City Fire and Rescue Department deputy operations chief Ruhisha Haris said K-9 teams had confirmed that there were no signs of a body.

However, the mystery of the missing construction worker remains.

“We first received information that a worker might have been trapped because a colleague saw him under the bridge minutes before it collapsed.

“A head count by the developer also revealed a missing worker, but they were unable to give us a name,” he said.

The dead victim has been identified as Tran Xuan Vang, 21, from Vietnam. Two other Vietnamese, Tran Van Hai and Luong Van Guyet, as well as Indonesian Nor Syamsi, Bangladeshi MD Jashim and Pakistan national Rais Aman Majid were injured and are currently being treated at Universiti Malaya Medical Centre.

Medical staff were forced to amputate Rais’ left leg on site to save his life.

In a statement issued on the day of the incident, SP Setia, the developer of the project, said it deeply regretted the incident and was working with the authorities in the investigation.

“The project team is still assessing the situation,” it said.

Work on the KL Eco City project – a mixed development comprising three residential towers, one serviced apartments tower, three corporate office towers, 12 boutique office blocks and one retail podium – started in 2011 and is scheduled to be fully completed by 2023.

Commenting on the incident, National Institute of Occupational Safety and Health chairman Tan Sri Lee Lam Thye said the time had come for players in the construction industry to practise their commitment to safety.

“All these accidents are preventable if the person in charge puts into practice good occupational and safety health measures and the site safety supervisor makes sure work is done properly,” he said.

By M. kumar and Nicholas Cheng The Star/Asian News Network

Stop history repeating itself


THE Consumers’ Association of Penang (CAP) is horrified with the news of the collapse of the incomplete pedestrian bridge meant to connect KL Eco City and Mid Valley Megamall in Bangsar, Kuala Lumpur.

Not even a month after a couple was crushed by a piling rig that fell on them at a construction site along Persiaran Astana, Klang, another tragic incident leading to serious injury and death has occurred.

If all the parties involved in the building industry – including the local councils, developers, contractors, architects, quantity surveyors, structural engineers, DOSH and all the others – had carried out their roles and functions efficiently, this could have been prevented.

Despite our repeated calls for the Government to conduct a full inquiry into the operations of the Department of Safety and Health (DOSH), it would seem like the relevant authorities are unable to comprehend the gravity of the situation.

When incidents like this happen, it becomes clear to us that DOSH and developers do not have their priorities right.

Instead of working on preventing such incidents, they wait until it happens before scrambling to take corrective measures to fix the problem.

The issue here is that there are no corrective measures that can be taken once a life is lost; that is not something that can be recovered.

Universiti Sains Malaysia’s (USM) Professor Datuk Dr Mahyuddin Ramli has been reported saying that incidents of this nature can happen when contractors do not comply with safety standards.

In this case, he said that concrete takes at least a week to dry and harden; the wet weather we have been experiencing means it will take even longer.

The USM professor also said that another way something like this can happen is if contractors do not use proper scaffolding during the construction process.

The distance between scaffolds and the size of the scaffolds used are very important as they will vary according to the structure they are meant to hold up.

DOSH’s director-general, Datuk Mohtar Musri, has stated that their initial investigation suggested that the incident happened because the structure was defective.

He said that they need to look into the quality of the materials that were used to construct the pedestrian bridge.

Whatever the cause, the relevant authorities and the public need to be aware that this is just history repeating itself.

If the incident did truly happen because of a structural defect, then it needs to be made clear that nobody can plead ignorance.

DOSH safety officers and onsite safety inspectors should have known about the structural defects if they did exist.

This begs the question of whether or not proper safety inspections were done at the appropriate stages by the relevant parties.

We ask that the results of the investigation into the latest incident be shared with the general public.

CAP would also like to know what happened to the findings from the investigation of previous incidents.

Why has this information not been shared with the public when their lives are also put in danger by the conduct of those at construction sites?

In view of this, CAP calls for penal action to be taken against all parties who have been involved in the project. They should all be held accountable even if they were not directly involved.

By S. M. MOHAMED IDRIS President Consumers Association of Penang

[PDF]The Law of Construction Defects and Failures


Worker killed in bridge collapse tragedy


https://youtu.be/3QFRF_5oRAY

The Star Graphics:  http://clips.thestar.com.my.s3.amazonaws.com/Interactive/midvalley/midvalley.mp4

KUALA LUMPUR: A Vietnamese construction worker was killed and five others were injured when a 70m yet-to-be-completed bridge near Jalan Kampung Haji Abdullah Hukum and Mid Valley Megamall collapsed.

The victim was buried in the rubble of the collapsed pedestrian bridge.

As of press time, rescue workers were still searching for a Bangladeshi worker believed to be trapped in the rubble.

The authorities have since mobilised the K9 unit to locate him.

The firemen and paramedics were seen changing shift as the rescue mission continued into the night. Some were heard saying that locating the victim would be challenging.

However, all the rescuers were resolute in their attempt to find the last victim, never once giving up hope.

The five injured workers – two Vietnamese, two Bangladeshis and an Indonesian – were sent to the Universiti Malaya Medical Centre for treatment.

Brickfields OCPD Asst Comm Sharul Othman Mansor said the bridge was 80% completed when the incident occurred.

“We are still investigating the incident.

“We were alerted at about 4pm of the incident and quickly mobilised a search-and-rescue team,” he said at the scene.

Four roads were also affected by massive jams due to the incident.

According to Star Media Radio Traffic, the affected roads were the Federal Highway from the arch, the Kerinchi Link after the Pantai toll plaza, Kerinchi Intersection from Bangsar South or Pantai Medical Centre and Jalan Syed Putra from the Kuen Cheng School till the Robson Intersection.

While the main reason for the traffic congestion was due to certain road closures to make way for rescue workers, traffic was backed up near the mall due to many motorists slowing down to see the collapsed bridge.

Mall patrons, construction workers and curious onlookers were seen crowding the area near the bridge, where it was cordoned off for safety precautions.

By Farik Zolkepli, Jastin Ahmad Tarmizi, and Austin Camoens The Star/ANN

Related:  
 
Developer to investigate
‘The ground shook and the bridge came crashing down’
Pedestrian bridge collapse: Long road to recovery for injured victims
Bridge collapse: SAR operations stopped, one worker still missing 


Govt may handle workplace safety


Fadillah: Independent monitoring likely


KUALA LUMPUR: The Government would like to take over the job of monitoring safety at construction sites away from developers following a string of deaths as a result of mishaps in the last three months.

Those duties, said Works Minister Datuk Seri Fadillah Yusof, may be entrusted to third party organisations that will be given autonomy in the planning, execution and supervision of workplace safety at construction sites.

Usually, these jobs are handled by contractors hired by the project developers but Fadillah said that this would mean the monitoring process was not independent.

Speaking at the launch of the Sustainable Construction Excellence Centre (Mampan), the minister said the suggestion for independent monitoring was brought up by the experts at the centre.

Mampan is headed by the Construction Research Institute of Malaysia (Cream), a subsidiary of the Government’s Construction Industry Development Board (CIDB).

Fadillah said the proposal to appoint third party safety monitors would be implemented first in Government construction projects.

He added that he hoped the private sector construction industry would do the same.

Currently, the Department of Occupational and Safety Hazard (DOSH) monitors government projects but it is reportedly too understaffed to keep track of every project.

For now we will have to make do with existing laws. This is why we need a commitment from the industry players,” he told reporters after the launch.

For now we will have to make do with existing laws. This is why we need a commitment from the industry players. Datuk Seri Fadillah Yusof

He said that Mampan would be a key organisation under the Government’s environmental sustainability initiative for its Construction Industry Transformation Programme.

The centre will undertake research with Universiti Teknologi Malaysia, Universiti Kebangsaan Malaysia, Universiti Sains Malaysia and the Rehda Institute to instil better industry practices, certification and awareness in the construction industry.

“We don’t want to build bridges that have no resilience and collapse when there is a flood.

“Our short-term goal is to position Malaysia as a regional leader in sustainability in construction and to raise the perception of sustainability in construction here,” he said.

Fadillah witnessed the signing of a Memorandum of Understanding between Cream chairman Tan Sri Dr Ahmad Tajuddin Ali and academics from the four universities and research institutes which will be a part of the new centre.

By NICHOLAS CHENG The Star/ANN

Related: 

Rehda: Not feasible to have third party monitor construction sites now ...


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  Building structural integrity & failure: problems, inspections, damages, defects, testing, diagnosis, repair 

  

 Getting titles right in the engineering field in Malaysia

Structural defects to blame, stop history repeating itself !

https://youtu.be/7FRTMX53TLc

Sniffing out signs of life: The K-9 unit of the City Fire and Rescue operations looking for possible victims at the site of the bridge collapse near Kampung Haji Abdullah Hukum in Kuala Lumpur.

KUALA LUMPUR: Structural failure possibly caused the collapse of an under-construction pedestrian bridge at KL Eco City near Kampung Haji Abdullah Hukum here.

Department of Occupational Safety and Health (DOSH) director-general Datuk Mohtar Musri said the initial investigation suggested that a defective structure could have led to the disaster on Wednesday.

He said the department would refer to the Construction Industry Development Board (CIDB) and Kuala Lumpur City Hall regarding the quality of materials used in the construction of the bridge.

Works Minister Datuk Seri Fadillah Yusof said a task force has been set up to probe the incident.

He said the result of the investigation was expected to be made public in a month, and that tough action could be taken against the developer if it was found to have flouted safety regulations.

“We can bring them to court, not just under DOSH but CIDB too. Under the CIDB Malaysia Act 1994, they can face a RM500,000 fine or a two-year jail sentence,” he said.

The RM7mil pedestrian bridge linking the planned KL Eco City project to the Gardens Shopping Mall in Mid Valley, which was still under construction, collapsed and killed one worker and injured five others on Wednesday.

The search-and-rescue operation at the site of the incident was halted after it was confirmed that there was no worker trapped underneath the mangled brick-and-iron structure.

City Fire and Rescue Department deputy operations chief Ruhisha Haris said K-9 teams had confirmed that there were no signs of a body.

However, the mystery of the missing construction worker remains.

“We first received information that a worker might have been trapped because a colleague saw him under the bridge minutes before it collapsed.

“A head count by the developer also revealed a missing worker, but they were unable to give us a name,” he said.

The dead victim has been identified as Tran Xuan Vang, 21, from Vietnam. Two other Vietnamese, Tran Van Hai and Luong Van Guyet, as well as Indonesian Nor Syamsi, Bangladeshi MD Jashim and Pakistan national Rais Aman Majid were injured and are currently being treated at Universiti Malaya Medical Centre.

Medical staff were forced to amputate Rais’ left leg on site to save his life.

In a statement issued on the day of the incident, SP Setia, the developer of the project, said it deeply regretted the incident and was working with the authorities in the investigation.

“The project team is still assessing the situation,” it said.

Work on the KL Eco City project – a mixed development comprising three residential towers, one serviced apartments tower, three corporate office towers, 12 boutique office blocks and one retail podium – started in 2011 and is scheduled to be fully completed by 2023.

Commenting on the incident, National Institute of Occupational Safety and Health chairman Tan Sri Lee Lam Thye said the time had come for players in the construction industry to practise their commitment to safety.

“All these accidents are preventable if the person in charge puts into practice good occupational and safety health measures and the site safety supervisor makes sure work is done properly,” he said.

By M. kumar and Nicholas Cheng The Star/Asian News Network

Stop history repeating itself


THE Consumers’ Association of Penang (CAP) is horrified with the news of the collapse of the incomplete pedestrian bridge meant to connect KL Eco City and Mid Valley Megamall in Bangsar, Kuala Lumpur.

Not even a month after a couple was crushed by a piling rig that fell on them at a construction site along Persiaran Astana, Klang, another tragic incident leading to serious injury and death has occurred.

If all the parties involved in the building industry – including the local councils, developers, contractors, architects, quantity surveyors, structural engineers, DOSH and all the others – had carried out their roles and functions efficiently, this could have been prevented.

Despite our repeated calls for the Government to conduct a full inquiry into the operations of the Department of Safety and Health (DOSH), it would seem like the relevant authorities are unable to comprehend the gravity of the situation.

When incidents like this happen, it becomes clear to us that DOSH and developers do not have their priorities right.

Instead of working on preventing such incidents, they wait until it happens before scrambling to take corrective measures to fix the problem.

The issue here is that there are no corrective measures that can be taken once a life is lost; that is not something that can be recovered.

Universiti Sains Malaysia’s (USM) Professor Datuk Dr Mahyuddin Ramli has been reported saying that incidents of this nature can happen when contractors do not comply with safety standards.

In this case, he said that concrete takes at least a week to dry and harden; the wet weather we have been experiencing means it will take even longer.

The USM professor also said that another way something like this can happen is if contractors do not use proper scaffolding during the construction process.

The distance between scaffolds and the size of the scaffolds used are very important as they will vary according to the structure they are meant to hold up.

DOSH’s director-general, Datuk Mohtar Musri, has stated that their initial investigation suggested that the incident happened because the structure was defective.

He said that they need to look into the quality of the materials that were used to construct the pedestrian bridge.

Whatever the cause, the relevant authorities and the public need to be aware that this is just history repeating itself.

If the incident did truly happen because of a structural defect, then it needs to be made clear that nobody can plead ignorance.

DOSH safety officers and onsite safety inspectors should have known about the structural defects if they did exist.

This begs the question of whether or not proper safety inspections were done at the appropriate stages by the relevant parties.

We ask that the results of the investigation into the latest incident be shared with the general public.

CAP would also like to know what happened to the findings from the investigation of previous incidents.

Why has this information not been shared with the public when their lives are also put in danger by the conduct of those at construction sites?

In view of this, CAP calls for penal action to be taken against all parties who have been involved in the project. They should all be held accountable even if they were not directly involved.

By S. M. MOHAMED IDRIS President Consumers Association of Penang

[PDF]The Law of Construction Defects and Failures


Worker killed in bridge collapse tragedy


https://youtu.be/3QFRF_5oRAY

The Star Graphics:  http://clips.thestar.com.my.s3.amazonaws.com/Interactive/midvalley/midvalley.mp4

KUALA LUMPUR: A Vietnamese construction worker was killed and five others were injured when a 70m yet-to-be-completed bridge near Jalan Kampung Haji Abdullah Hukum and Mid Valley Megamall collapsed.

The victim was buried in the rubble of the collapsed pedestrian bridge.

As of press time, rescue workers were still searching for a Bangladeshi worker believed to be trapped in the rubble.

The authorities have since mobilised the K9 unit to locate him.

The firemen and paramedics were seen changing shift as the rescue mission continued into the night. Some were heard saying that locating the victim would be challenging.

However, all the rescuers were resolute in their attempt to find the last victim, never once giving up hope.

The five injured workers – two Vietnamese, two Bangladeshis and an Indonesian – were sent to the Universiti Malaya Medical Centre for treatment.

Brickfields OCPD Asst Comm Sharul Othman Mansor said the bridge was 80% completed when the incident occurred.

“We are still investigating the incident.

“We were alerted at about 4pm of the incident and quickly mobilised a search-and-rescue team,” he said at the scene.

Four roads were also affected by massive jams due to the incident.

According to Star Media Radio Traffic, the affected roads were the Federal Highway from the arch, the Kerinchi Link after the Pantai toll plaza, Kerinchi Intersection from Bangsar South or Pantai Medical Centre and Jalan Syed Putra from the Kuen Cheng School till the Robson Intersection.

While the main reason for the traffic congestion was due to certain road closures to make way for rescue workers, traffic was backed up near the mall due to many motorists slowing down to see the collapsed bridge.

Mall patrons, construction workers and curious onlookers were seen crowding the area near the bridge, where it was cordoned off for safety precautions.

By Farik Zolkepli, Jastin Ahmad Tarmizi, and Austin Camoens The Star/ANN

Related:  
 
Developer to investigate
‘The ground shook and the bridge came crashing down’
Pedestrian bridge collapse: Long road to recovery for injured victims
Bridge collapse: SAR operations stopped, one worker still missing 


Govt may handle workplace safety


Fadillah: Independent monitoring likely


KUALA LUMPUR: The Government would like to take over the job of monitoring safety at construction sites away from developers following a string of deaths as a result of mishaps in the last three months.

Those duties, said Works Minister Datuk Seri Fadillah Yusof, may be entrusted to third party organisations that will be given autonomy in the planning, execution and supervision of workplace safety at construction sites.

Usually, these jobs are handled by contractors hired by the project developers but Fadillah said that this would mean the monitoring process was not independent.

Speaking at the launch of the Sustainable Construction Excellence Centre (Mampan), the minister said the suggestion for independent monitoring was brought up by the experts at the centre.

Mampan is headed by the Construction Research Institute of Malaysia (Cream), a subsidiary of the Government’s Construction Industry Development Board (CIDB).

Fadillah said the proposal to appoint third party safety monitors would be implemented first in Government construction projects.

He added that he hoped the private sector construction industry would do the same.

Currently, the Department of Occupational and Safety Hazard (DOSH) monitors government projects but it is reportedly too understaffed to keep track of every project.

For now we will have to make do with existing laws. This is why we need a commitment from the industry players,” he told reporters after the launch.

For now we will have to make do with existing laws. This is why we need a commitment from the industry players. Datuk Seri Fadillah Yusof

He said that Mampan would be a key organisation under the Government’s environmental sustainability initiative for its Construction Industry Transformation Programme.

The centre will undertake research with Universiti Teknologi Malaysia, Universiti Kebangsaan Malaysia, Universiti Sains Malaysia and the Rehda Institute to instil better industry practices, certification and awareness in the construction industry.

“We don’t want to build bridges that have no resilience and collapse when there is a flood.

“Our short-term goal is to position Malaysia as a regional leader in sustainability in construction and to raise the perception of sustainability in construction here,” he said.

Fadillah witnessed the signing of a Memorandum of Understanding between Cream chairman Tan Sri Dr Ahmad Tajuddin Ali and academics from the four universities and research institutes which will be a part of the new centre.

By NICHOLAS CHENG The Star/ANN

Related: 

Level of training and competency of contractors must be questioned - The Sun Daily

Rehda: Not feasible to have third party monitor construction sites now ...


Related posts:


  Building structural integrity & failure: problems, inspections, damages, defects, testing, diagnosis, repair 

  

 Getting titles right in the engineering field in Malaysia