Sunday, May 18, 2014

212- Affidavit to RCI IIS in 31 pages

Be a witness of this important document --




STRICTLY for  Royal Commission of Inquiry on Illegal Immigrants in Sabah

 In the matter of Suruhanjaya Siasatan Pendatang Asing Di Sabah (SSPA) yang telah dilantik oleh yang di Pertuan Agong melalui peruntukkkan Seksyen 2 Akta Suruhanjaya Siasatan 1950 (Akta 119) dan telah disiakan di dalam Warta Kerajaan Persekuutuan Bil . P.U. (B) 300 bertarikh 21hb September, 2012


Genuine Sabahans and Malaysians                      ….  Appellants

Versus

Government of Malaysia                                           …. Respondent


Affidavit  in support /assist
by Witness Joshua Kong Yun Chee


1.         I, Kong Yun Chee @ Joshua Kong of NRIC 480823-12-5003/ H0122318/ H097131 of 6, Lorong Kinabalu 1, Taman Luyang  Ph 7, off Jalan Lintas, 88300 Kota Kinabalu, Sabah make this AFFIDAVIT  as  a Malaysian of Sabah origin residing in Kota Kinabalu of what I know in support/assist the Royal Commission of Inquiry of Illegal Immigrants in Sabah (RCI IIS) under Section 2  Royal Commission of Inquiry Act 1950  (Act 119) to be held in Kota Kinabalu High Court for first sitting on 14th January, 2013.

2.                  The RCI IIS was announced by the Prime Minister of Malaysia on 11th August, 2012 and notified in Federal Gazette P. U. (B) 300 dated 21st  September, 2012.

3.                  My statement as a witness was recorded at the executive office of  RCI IIS by Supt Syamsul in his office at the 4th Floor of Wisma Dang Bandang, Kota Kinabalu on 23rd November, 2012.(SSPA/S/00106/2012).

4.                  I would like to claim whistleblower protection under Whistleblower Protection Act 2010 Act 711 for this effort.

5.                  I was issued my first identity card number issued in the late 1960s of six digits as H097131 to show others of my presence in Sabah since born in Labuan in 1948.  Many claim they are born in Sabah prior to Malaysia Day on 16th September, 1963, but never have the six digit identity cards, and many also do not have the seven digits identity card number and many only have twelve digits identity cards or MyKad.  All these anomalies should be investigated.

6.                  In addition to regularly writing letters and articles to the Press and websites, I have published some books namely “EPIC of Sabah” (where EPIC stands for Extra People Identity Cards) in three editions since 2002 and a summary of EPIC of Sabah in another informative booklet –“Introduction to TSUNAMI of Illegals & Illegalities in Sabah in September 2007 by Joshua Kong at the same time I gave a lecture/talk on this topic at the UiTM’s conference.

6.1           I had also given a talk on the “EPIC of Sabah” at the University Malaysia Sabah’s premises where the 7th Biennial  International Conference on Borneo organized by the Borneo Research Council held in July 2002.

6.2       My first letter on the questioned excessive identity cards issued was published in Daily Express on 16th May, 1987 titled “ICs: we must act positively” and then another important article dated 24th July, 2002 in Daily Express titled “ Up to 1m may have ICs: Ex-candidate”   Both items should not have been ignored.

7.         I had also lodged several Police Reports alone and with others on the issue of illegal immigrants and Project IC at the Karamunsing Police Station since 2004 and do not know what was the outcome if any as some of the Police Reports were ‘investigated’ by the Police.  If the Police had ‘investigated” some of the Police Reports lodged by me, there must be some follow up action done.

7.1            The references are as  follows:-

7.1.1       Police Report on EPIC (Extra People IC) 28 October 2004 KK/report/23408/04  [Insp Suhairi]

7.1.2. UMNO Sabah and its membership (USKA) KK/rpt/27530/04 21 Dec 2004 **

7.1.3   . Identity Cards -genuine and dubious in the hands of illegals under P1/P2 'Project Mahathir' Karamunsing Report /0227/06 21 June 06 (Jointly with President of Consumer Association of Sabah & Labuan FT (CASH) & Hashima Hasbullah of CASH)  [Hashima signed the report]  A few Police officers were handling this case.

7.1.4. Our security and sovereignty Karamunsing/ 003948/07 16 March 2007.(Jointly with President and Secretary General of CASH) [Insp Yampil]

7.1.5       12. A gangster SOH See Yee@Gary Su/Soo Luyang/002101/07 15 June 2007 [Insp Jakariya]

7.1.6        . Dr. Hj Patawari bin Hj Patawe (questioned identity) NRIC 571227-12-5051/H6008708/ 571227-71-5051 Karamunsing/008725/07 15 June, 2007 [Insp Jakariya]

7.1.7   EPIC OF SABAH -some VIPs Karamunsing/010000/07 07/07/2007. [Insp Syahrin]

7.1.8. Passport (one year) & Mykad to 'Pakistani' are questioned Luyang 001099/08 - 8 April 2008  [K/ASP Sajidon]

7.1.9   Adun Nilwan Kabang & MyKadnya Luyang/002073/08 – 11/07/2008 [Insp Faisal]


8.         To support and assist this RCI IIS, I am hereby addressing the eight Terms of Reference one by one.  I would like to state
8.1     To determine the number of immigrants in Sabah that have been given blue identity cards or identity cards or citizenship and if so whether these documents or citizenship was done legally.
8.1.1   The number of immigrants in Sabah that have been given blue identity cards or documentary citizenship including the off springs of such illegal  immigrants are in the range of 1.5m to 2m.
8.1.2   The number of immigrants in Sabah that have been given blue identity cards or identity cards or documentary citizenship to make them Malaysians residing in Sabah would be found in the records of the National Registration Department (NRD) since the late 1960s till today.
8.1.3   We are all aware foreigners to become Malaysians should have to comply with all the requirement according to the Federal Constitution and the Government must present us with those Gazette notices where such very great number of foreigners are given Malaysian citizens.  This RCI IIS should look into this record.
8.1.4   It would be in public interest that NRD publishes annual figures of foreigners given Malaysian citizenship via the issue of identity cards or documentary citizenship of various shades, then we would know how the Malaysian population has increased over the decades.
8.1.5   The Statistical Department does carry out once in every decade namely 1970, 1980, 1991, 2000 and 2010, the Population Census and the Malaysia people are classified in sexes and ages and other features such as race, religions and urban and rural residents in Sabah.  In the Population Census, the report also shows non Malaysians separately.  When we talk of identity cards or documentary citizenship issued to illegal people, they have become Malaysians.
8.1.6   The Statistical Department also publishes an annual update on the estimated population growth in between the decade’s census.  In 2008, the Malaysian population in Sabah was almost 3.2m and yet it was still 3.2m in 2010 – the last and latest population census.
8.1.7   Based on that understanding, it had been observed that there are extra Malaysians in successive Census based on the ages such as a brief analysis below:-
8.1.8   If you look at “JK-1” as per below in  8.1.15 (p 9) as in 1970 there were 81,461 in the age group of 10-14 and in 1980 ten year later there were 102,515 in the age group 20-24 meaning an extra people of Malaysians in Sabah of 21,054 and we can repeat it for the other age groups such as 15-29.  If there are decreases in other groups, the reasons for such decreases are due to migration of Malaysians and Sabahans and deaths.  Any small decreases are ignored for this purpose as we deal with increases only.
8.1.9     When we compare the five Population Census namely 1970, 1980, 1991, 2000 and 2010, the increases between 1991 and 2000 are greatest [age groups 0-4 to 40-44 for 1991] 1,151,280 and [age groups 10-14 to  50-54 for 2000] 1,330,600 at 179,320  when the Malaysians in Population Census for 2000 was deliberately suppressed and Malaysians/Sabahans going to Peninsula Malaysia for opportunities.  This greatest increase can be related to the Claim of Project Mahathir headed by Musa Aman and other  UMNO leaders where 400,000 genuine blue identity cards and MyKad were alleged as issued to illegal immigrants.  It was also during this decade that many illegal immigrants were deported to home countries.
8.1.10  It is also known since the late 1960s, Malaysian genuine identity cards were given to illegal immigrants and the Malaysian Government is aware of this as Dzulkifli Abdul Hamid together with some newspaper reporters were penalized for Official Secret Act when this expose of illegal act was published.  The former Deputy Chief Minister of Sabah who was also at one time the Deputy Defence Minister Mr. Dzulkifli Abdul Hamid presented a paper at the UKM alleged that from 1968, more than 100,000 blue identity cards had been issued to illegal immigrants and refugees in Sabah when in1968 was the Jabidah incident of massacre in Corregidor Island in the Philippines resulting in the start of IMM13 system for refugees in Sabah..  Two reporters were charged in the Court.  There were Sabry Shariff from New Straits Times and James Clad from Far Eastern Economic Review and both were penalized with fines etc.  For reference, I quote below the said relevant Federal Court Case.
8.1.11  FEDERAL COURT OF MALAYSIA
Dzulkifli Abdul Hamid
- vs -
Public Prosecutor
Coram
SUFFIAN LP
HH LEE CJ (BORNEO)
SYED OTHMAN FJ
SALLEH ABAS FJ
SF CHONG J                     21 OCTOBER 1980


Judgment
Salleh Abas FJ      (delivering the judgment of the Court)
1.      To contradict what was reported to have been said by the Chief Minister of Sabah, Datuk Harris Salleh, on the State policy concerning Philippines refugees — which report was published in the New Straits Times on 9 January 1978 under the caption “Sabah will adopt open-door policy towards refugees” and on 10 January under the heading “Harris clarifies his step on refugees” , on 11 January Kinabalu Sabah Times (in short KS Times) published an article (P3) headlined “Harris open policy on refugees under fire.” This article criticized the Chief Minister for the statements he made to the New Straits Times on 9 and 10 January. To lend credibility to the article, KS Times also published a copy of the letter written by the late Chief Minister, Tuan Haji Mohd Faud Stephens to Tengku Ahmad Rithauddeen, the Minister of External Affairs. The letter as published in P3 was dated 11 May 1976 and carried a reference “S303/571/86” and had the signature of the late Chief Minister, Tuan Haji Mohd Fuad Stephens. As published it did not carry the word “Rahsia”.
2.      Subsequent police investigation which was carried on pursuant to a report lodged by the Sabah State Secretary, Datuk Haji Abdul Hamid Egoh (PW5), resulted in the appellant being tried on the following charges—
1.      for receiving secret official information, or alternatively secret official document, contrary to s 8(2) of the Official Secrets Act, 1972;
2.      for directly communicating the said information or alternatively the said document to one Jacob Peter Bedion, contrary to s 8(1)(i);
3.      for indirectly communicating, the said information or alternatively the said document to one Sabidin Ghani, contrary to s 8(1)(i); and
4.      for not taking reasonable care of the said information or alternatively the said document, contrary to s 8(1)(iv).
3.      The learned trial judge found that the appellant was guilty of all the principal and alternative charges and so convicted him on all these charges. He sentenced the appellant to a fine of $3,000 on each charge or in default of fine to a term of nine months’ imprisonment; the sentences on the alternative charges being ordered to run concurrently therewith. The appellant appealed against the conviction and sentence.
4.      At our special sitting, in Kota Kinabalu on 18 August 1980 after listening to arguments of counsel of the appellant and Senior Federal Counsel we announced our decision that the convictions on the principal charges were set aside, but the convictions on the alternative charges were confirmed. We also reduced the sentences so that the appellant was then fined $1,000 on each of the first and fourth charges and $1,500 on each of the second and third charges, and in default of each fine we imposed a term of three months’ imprisonment. In announcing, that decision we also indicated that we would give our reasons in writing later. Hence this judgment.
5.      The main point raised in this appeal insofar as the convictions were concerned only deals with the question whether the information or document was secret. Counsel for the appellant submitted that the information and document were inseparable from each other and that the information was no longer secret because matters pertaining to Philippines refugees in Sabah were already publicly known and that therefore the document too was no longer secret. With respect we do not agree with the submission.
[truncated]
8.1.12   A secret operation in the issue of blue identity cards was protected by Official Secret Act. 
8.1.13    Many other state and national leaders had been reported to have been involved with the issue of genuine identity cards for known agenda.
8.1.14  When the Population Census of 2000 was published, I was shocked with the figures hence with that evidence of Extra People Identity Cards that I could publish my book “EPIC of Sabah” in 2002.
8.1.15             Statistical Summary of Population by Age Groups        “JK-1”
Population in Sabah 1970 -2010 - by age groups

Age groups
Y1,970
A
Y1,980
B
Y1,991
C
Y2,000
D
Y2010
E
0-4
117,070
151,063
211,259
251,295
251,806
5-9
109,771
145,088
200,122
275,544
253,819
10-14
81,461
113,189
164,334
260,518
264,388
15-19
61,683
102,840
134,065
232,997
269,370
20-24
45,878
102,515
117,006
167,705
231,809
25-29
47,100
80,258
108,261
146,447
221,334
30-34
44,017
55,739
94,654
139,998
157,769
35-39
39,137
49,947
70,587
134,300
140,082
40-44
29,210
42,654
50,992
112,562
128,200
45-49
23,864
34,088
40,211
81,044
116,190
50-54
18,020
24,495
35,934
55,029
95,234
55-59
13,910
19,588
27,316
41,961
64,082
60-64
9,080
15,000
21,048
34,688
41,689
65-69
6,085
8,892
12,856
23,333
32,654
70-74
3,519
5,107
8,987
15,280
22,783
75-79
1,520
2,974
4,641
15,960
25,754
80-84
1,113
1,202
2,707


85-89
586
396
1,063


90-94
253
262
492


95-over
201
415
903


100-over
126





-------------
-------------
-------------
-------------
-----------

653,604
955,712
1,307,438
1,988,661
2,316,963
Non M'sian

150,000
423,062
614,824
889,779
Total
653,604
1,105,712
1,730,500
2,603,485
3,206,742

=======
=======
=======
=======
=======

Source:  Statistics Department

8.1.16             Joshua Kong’s Comments:-
In Census 2000, the final Malaysian population in Sabah was revised downward from the preliminary figure of 3.1m.


8.1.17             In Census 2010, the final Malaysian population in Sabah was also revised downwards, hence the figure of  3.2m is reduced to a mere estimate as the figure could be much higher.

8.1.18             Whatever the figures in 2000 and 2010, the principle of extra Malaysian or Extra People Identity Cards is well determined
 8.1.19                        From all the available reports, the Government had been aware that these massive identity cards or documentary citizens over four decades were issued illegally without conforming to any of the Malaysian laws.  Most of those involved should be punished for treason rather than just detained some of them under Internal Security Act..

8.2    To investigate whether the issuance of blue identity cards or citizenship to immigrants in Sabah was in accordance with the law.
8.2.1                This is definitely the responsibility of the Government and its various enforcement agencies to investigate into all the illegal processes and procedures.
8.2.2               The Government and its various enforcement agencies should now look into the following areas:-
8.2.2.1            Tens of millions of illegal immigrants have arrived at our shores in Sabah for decades so easily.  Please verify if they really comply with laws of Malaysia.  Many may blame the very long coastline with neighbouring countries while many from other countries in the Indian continent have also secured genuine identity cards breaking the laws of Malaysia.   
8.2.2.2                                      Many of these people got their identity cards even some not yet set foot in Sabah at one time.  Please check if this is in accordance with the law.
8.2.2.3                        .For those under Project IC also known as Project Mahathir later, many get their Birth Certificates of Sabah when they were not born in Sabah.  The Courts – civil and otherwise – would know how they got their Birth Certificates.   Please check if this was done truly according to the law.
8.2.2.4                                 How many got their Birth Certificates showing their birth place in Sabah as was reported in a Corruption Court case in Kota Kinabalu recently.  Please check if those Birth Certificates were done within the law.

8.2.2.5                                 Another case of a 51 year old Filipino carpenter man had been staying in Sabah illegally (DE 30/10/2012 pg 5) for 31 years as admitted by him and he has 8 children.  If his stay had been illegal and his children are all Malaysians, would you think they have complied with the law.  There are many similar cases over the few decades.  I think this man Abd Rahim Hussin still in jail should be brought to the RCI IIS to tell the panel how he had been staying in Sabah and only arrested recently.  He avoided all the previous Operations against Illegals.

8.2.2.6                               A Filipino named Julhamisan Rahim aged 52 with nine wives and 17 children died in 2006 (Daily Express 27/7/2006) had clearly broke all religious and civil laws.

8.2.2.7                                 A Pakistani citizen with travel document 15011-3358072-1 in less than two years was issued with a Mykad 930105-76-5095 as reported in Daily Express (DE 30/10/2012 pg7) should be checked if it was done within the law when code 76 is for country Pakistan.  Show us the nationality of this person – a Malaysian or Pakistani.

8.2.2.8                                An illegal after entering Sabah illegally then secure passport in the local Embassy at a fee but no endorsements were seen.  Please check this legal abnormality.  Please also find out the number of such cases had been done in Malaysia.

8.2.2.9                                Everyone is expected to go to have own identity card or MyKad  processed personally at a NRD’s office when we reached twelve years of age.  We have seen how some people have others to handle their identity cards or MyKad or documentary citizenship done on their behalf in bundles of documents as could be seen in some photocopy shops especially when General Elections were just around the corner.  Please verify if this arrangement is in accordance with the law.

8.3                  To investigate whether immigrants in Sabah holding blue identity cards, temporary identification receipts (blue) or citizenship documents had been illegally registered into the electoral rolls.

8.3.1       I would like to reword this sentence “To investigate whether immigrants in Sabah holding blue identity cards, temporary identification receipts (blue) or citizenship documents had been [“illegally” here should be omitted]  registered into the Electoral Rolls.

8.3.2        Once an illegal immigrant given or issued with genuine Malaysian identity card or MyKad, this new Malaysian could apply for their names to be in the Electoral roll.

8.3.3         There are possibilities that some with questionable identification documents could have their names inserted in the Electoral Rolls.

8.3.4        There were reports that many were issued voting slips by a center in Kota Kinabalu to enable them to vote more than once with free transport provided in the Sabah General Elections 1994.  These voting slips could be issued to the voters who were registered as voters earlier based on temporary identification documents.  The ex Deputy Prime in 1994 and Yahya Lampong should be asked to give their views on this.

8.3.5         The Election Commission had been issuing statements that many had not been registered in the Electoral Rolls based on the Population Census of Malaysians.  Such regular statements on such gap are causes of concern as many with dubious identification document or documentary citizens could not register themselves in the Electoral Rolls for fear of their rejection but nonetheless considered as Malaysians at the Population Census.  Voter registration is at times linked directly to the Agency Link Up System (Alis) of the National Registration Department.  Based on the extra people identity cards of 1.5m to 2m over four decades, the Electoral Rolls for several past and present General Elections, would contain voters of dubious citizens and documentary citizens.

8.3.6         Apart from those voters confirmed as illegal immigrants with identity cards in the Election Court trial of N13 Likas 1999, the following illegal immigrants under Project IC are in the Electoral Rolls in Sabah and elsewhere in Malaysia as downloaded from the Malaysian Election Commission’s website .

8.3.6.1                        Kad Pengenalan  590521125873 / H0488213  Nama  ABDUL JABBAR BIN MUTHALIF  Tarikh Lahir  21 May 1959  Jantina  LELAKI  Lokaliti  171 / 12 / 09 / 002 - KG JAWA  Daerah Mengundi  171 / 12 / 09 - KUROL MELANGI  DUN  171 / 12 - KARAMBUNAI  Parlimen  171 - SEPANGGAR  Negeri  SABAH


8.3.6.2                        Kad Pengenalan  620817125252 / H0488215  Nama  AYSHA BINTI ABDUL GANI  Tarikh Lahir  17 Aug 1962  Jantina  PEREMPUAN  Lokaliti  171 / 13 / 11 / 001 - PEKAN INANAM  Daerah Mengundi  171 / 13 / 11 - PEKAN INANAM  DUN  171 / 13 - INANAM  Parlimen  171 - SEPANGGAR  Negeri  SABAH

8.3.6.3                        It is very important to be informed that H0488213 Abdul Jabber Muthalif and  H0488215 Aysha bte Abdul Ghani of Najib Superstore in Kampang Air, Kota Kinabalu, as two of main agents for  Indian illegal immigrants to get identity cards through the Immigration officer the late Marcus Akob, as former head of Visa and Pass section.  Please use this useful lead in your investigation

8.3.6.4                        Kad Pengenalan  580109125725 / H0488211   SHAMSUL AMIN BIN SAIDAMIN   Tarikh Lahir  09 Jan 1958  Jantina  LELAKI  Lokaliti  168 / 05 / 12 / 005 - KG POPOK  Daerah Mengundi  168 / 05 / 12 - POPOK  DUN  168 / 05 - TANDEK  Parlimen  168 - KOTA MARUDU  Negeri  SABAH


 8.3.6.5           Kad Pengenalan  650927125349 / H0488216  Nama  AMID BIN MOHAMED  Tarikh Lahir  27 Sep 1965  Jantina  LELAKI  Lokaliti  172 / 14 / 01 / 001 - JALAN PANTAI  Daerah Mengundi  172 / 14 / 01 - BANDAR UTARA  DUN  172 / 14 - LIKAS  Parlimen  172 - KOTA KINABALU  Negeri  SABAH

8.3.6.6                        The following person from India with Project IC of Sabah is a voter in Perak.

8.3.6.6.1          Kad Pengenalan  530715125519 / H0488214  Nama  ABDUL MAJEED BIN ABDULLAH  Tarikh Lahir  15 Jul 1953  Jantina  LELAKI  Lokaliti  057 / 09 / 12 / 014 - JLN SWEE LEE  Daerah Mengundi  057 / 09 / 12 - KUALA KURAU  DUN  057 / 09 - KUALA KURAU  Parlimen  057 - PARIT BUNTAR  Negeri  PERAK.

8.3.6.6.2                  How many more such Project IC holders voting elsewhere in Malaysia is for the authority to investigate hence the Royal Commission of Inquiry on Illegal Immigrants for the whole nation is desirable.  I had done a brief analysis on the Population of Malaysia and the voters ratio, it would appear there are about five millions Extra People Identity Cards in Malaysia while almost 2 millions have resided in Sabah.




8.4             To probe whether the authorities had taken any action or carried out any improvements to standard operating procedures (SOP), measures and regulations to avoid any infringement of the law.

8.4.1       The following observations need further investigation and review with the intention to streamline and standardize the stand operating procedures (SOP) and other relevant laws to deter any infringement of the law:-


8.4.1.1                            Laws, regulations, procedures, supporting documents, verifications could have been changing over the past decades.


8.4.1.2                            We need to revisit the Sabah scenarios, when the prefix H with the number was for a Sabahan but such holder could be born elsewhere and in other Malaysian state when the “12” was introduced for Sabah identity cards.

8.4.1.3                          Some of the top 224 VIPs and VVIPs Malaysian/ SABAH Identity Cards of 12, 71, 06 etc  (These early identity cards numbers were allocated to VIPs and VVIPs)

No.
VIP No
My Card No
Name
Remarks
Voting
1
H0000005
300812/71/5146
Hafsah bte Ahmad
code 71
P178
2
H0000029
400331/71/5178
Mrs M J Beatrice Ryan
code 71
P105
3
H0000030
340803/05/5269
Md Sufian b. Salleh
code 05
P014
4
H0000031
430718/06/5242
Sofiah Moo@ Moo N Y
code 06
P172
5
H0000032
280820/02/5027
Syed Kechik @Syed Bakar
code 02
P172 once
6
H0000049
501115/71/5141
Ajaz Ahmad b Nabijan
code 71
P106
7
H0000057
650624/03/5397
Megat Shah. Merican
code 03
P172
8
H0000099
220814/71/5123
R. A. Lind
code 71
P172
9
H0000100
340616/71/5313
Arul Albert Ryan
code 71
P097
10
H0000102
360818/71/5010
Ng Came Mui
code 71
P172
11
H0000158
720628/10/5293
Megat  Suffian Merican
code 10
P106
12
H0000160
540705/01/5833
Nordin b Kahar
code 01
?
13
H0000165
681221/71/5429
Adnan b Ahmad
code 71
P171
14
H0000166
661105/71/5132
Asma bte Ahmad
code 71
P171
15
H0000170
660701/06/5493
Nallendran a/l Satturukanasingi
code 06
P121
16
H0000171
701223/06/5197
Previndran Sathurgasinghe
code 06
P121
17
H0000182
600509/03/5791
Md Zulkifli b Zakaria
code 03
P025
18
H0000186
341207/71/5261
Md Hussain b Mahboob
code 71
P173
19
H0000187
480715/02/5128
Maryam bte Md Taib
code 02
P098
20
H0000188
631231/05/5592
Kuan Kah Chwii
code 05
P171
21
H0000201
570213/71/5363
Marcel Annol
code 71
P174
22
H0000202
541106/71/5349
Leon Annol
code 71
P174
23
H0000207
730828/02/5916
Brinda a/p Muthusamy
code 02
P172
24
H0000224
740912/14/6103
Md Azizi b Matiasin
code 14
P176
25
H0000203
640218125061
Evelyn Annol
Code 12
P174

8.4.1.4                        RCI IIS needs to address this very strange anomaly.  There appears to be double standard here.  We had a lot of foreigners or outsiders who were given VIP treatment in the early years of independence as denoted by the small numbers..
8.4.2       Prominent names by many question on their identity status need to be examined fully and how most of them get the blue identity cards as many hold or held important positions in the Government and civil service. 


Name
Ref 

Name
Ref
1
Zulkifli Imban
3/B
12
Maming Staming
6A/0; 10/0;
2
Datu Akjan Datu Ali Mohammad
4/C
13
Patawari Patawe
6A/P; 21/P
3
Hj Jabar Khan Napi@ Y Arafat
5/D
14
Hj Omar
8/Q
4
Musa Aman Khan
5/E
15
Samsul Alang Hamsah
8/R
5
Datuk Harris Salleh
6/G; 12/G
16
Osman Jamal
10/S;12/S;  13/S; 17/S; 21/S
6
Paimin Paimin
6/H
17
Andy Bandy Pilu
11/Y;13/Y
7
Dawani@ Norsalmah
6A/I
18
Haji Abu Ali Ganturon
12/U
8
Yusof Inton
6A/J
19
Yahya Hussin
12/V
9
Ali Andu
6A/K
20
Kahar Mohd Zain
12/W
10
Mandusta Taudin
6A/L
21
Rahmawati Idris
12/X
11
Hj Salsidu Ibrahim
6A/M; 7/M; 9/M/10/M
22
Mohd Hassan Ambo Tuo
16/AA;17/AA;
19/AA; 20/AA
24
Suharti Wakiman
21/AC
23
Mangati b Ambo Tuo
20/AB

8.4.3       RCI IIS has to investigate all the above if their identity cards are valid .  This is my Police Report Karamunsing /010000/07 of 07/07/07 .It is very desirable to scrutinize what most of them had been involved one way or another in Project IC largely favouring illegal immigrants in Sabah.  Reflecting on the list of leaders and top civil servants in 8.4.1.1, 8.4.1.2 and 8.4.2 many blamed Sabahans for the blunders and plunders of the State Wealth when it is the dubious ‘Sabahans’ in the handling the affairs of Sabah.     The references in 8.4.2 are those in a very important article lodged with the Police.

8.4.4   Another change is the additional codes for all states as follows:-

State's Code

CODE LIST FOR BIRTH STATE

Johor

01, 21, 22, 23, 24

Perlis

09, 40

Kedah

02, 25, 26, 27

Selangor

10, 41, 42, 43, 44

Kelantan

03, 28, 29

Terengganu

11, 45, 46

Melaka

04, 30

Sabah

12, 47, 48, 49

Negeri Sembilan

 05, 31, 59
Sarawak

13, 50, 51, 52, 53

Pahang

06, 32, 33

Wilayah Persekutuan (Kuala Lumpur)

14, 54, 55, 56, 57

Pulau Pinang

07, 34, 35

Wilayah Persekutuan (Labuan)

15, 58

Perak

08, 36, 37, 38 , 39

Wilayah Persekutuan (Putrajaya)

16

 

Negeri Tidak Diketahui

82

8.4.5  This can cause confusion with too many numbers to commit to memory.  The benefit of so many numbers is not known but may allow more manipulations.



8.4.6 Daily Birth and the last 4 numbers at the end of 12 digits MyKad.

As the MyKad is based on the birth day of the person  and the last 4 digits are starting at 5000 (even) for a female and 5001 (odd) for a male  but many MyKad have the 4 last digit into 6000 and more as per an example in DYNOS ARTHUR ANNOL 680504126291 / H0000204   P174 – PENAMPANG.  The extra number would far exceed the daily births giving the impression that outsiders born on that particular day have been issued MyKad.  We do not have any figure near it to have 1,000 and more births per day.  It is likely at an average daily of less than 200.  So these extra people from outside given MyKad need to be fully checked and revamp the SOP and the system enforced to avoid infringement of the law.

8.5             To investigate in detail the SOP, measures and regulations relating to the issuance of blue identity cards or citizenship to immigrants in Sabah by taking into account international standards and norms used in Malaysia and to recommend any amendments or changes to strengthen or improve the SOP, measures and regulations.
8.5.1   The Native Ordinance 1952 has become obsolete and should be repealed and a new Act should have been introduced since 1963.  The question of the INTERPRETATION (DEFINITION OF NATIVE) ORDINANCE (Sabah Cap. 64) should also be considered in the context of birth in native land rather than races, dialects of the region.

8.5.1.1                       Some Malay according to the Malaysian Constitution may not be classified as a native in Sabah. 

8.5.2   While there maybe a system in the process of blue identity cards or documentary citizenship to immigrants, we have to ask ourselves how so many had bypassed SOP, measures and regulations already in place.

8.5.3   So it is appropriate that all those names mentioned in paragraphs 8.1.9, 8.1.10 8.1.11, 8.2.23, 8.2.24, 8.2.25, 8.2.26, , 8.3.6, 8.4.1, 8.4.2 and 8.3.4 be called as witnesses before the RCI IIS to tell us how they have obtained their identity cards.  We need to establish if they have got their identity cards in organized method like Project IC or Project M or personally go to the National Registration Department in the normal way.

8.5.3.1  Other important witnesses for this RCI IIS  are in addition to those mentioned in 8.5.3 (not exhaustive)

8.5.3.2                        Mahathir Mohamad  had confirmed that he had two birthdays namely 10 July 1925 and 20th December, 1925 during his lifetime but  the official one is in December.  With two Birth Certificates or no Birth Certificate, please confirm if he has more one identity cards.  If he had more than one identity cards, his life is to questioned in all aspects especially the validity to be Prime Minister of Malaysia a position only for Malaysian born in Malaysia and not by naturalization or deception. He had judged the RCI IIS as useless and I quote “Sabah RCI useless, says Mahathir A Royal Commission of Inquiry (RCI) into Sabah’s prolonged illegal migrants issue will “not do anything at all”, former prime minister Dr Mahathir Mohamad says.  Asked about this by reporters today, Mahathir said that the exercise would be futile, for the government would be in trouble regardless of the outcome of the RCI.”


8.5.3.3                        Another famous person is  Patawari Patawe who had used more than one identity card 571227715051/H6008708 in Electoral Roll and some private businesses and another identity card 571227125051/H6008708 in a public listed company, and please investigate the identity card he used to stand for General Elections to be assemblyman and then to be appointed an Assistant Minister in the Sabah Cabinet.  Many believe that holder of identity cards with “71” cannot be registered as a voter but many such holders are in the Electoral Rolls.  If P. Patawe really used his “71” identity cards for the nomination of candidates, objection would have arisen.  Please confirm he had used the other dubious “12” identity card for his political activities.

8.5.3.4                        Patrick Sindu NRIC 560222125059/H0032897 also has another name Patrick Sindu @Razak Abdullah according to the Electoral Roll once but now amended with a different date of birth.  We need to demand a Deoxyribonucleic acid (DNA) analysis to prove his age as it is believed he is much older by more than ten years.  With changing year from 1956 now 1950 and possibly 1944, how did he manage to secure different identity cards so easily.   The manipulated  MyKad has to be examined. This case when investigated can expose the weakness in the SOP of National Registration Department.

8.5.3.5                        There is this person once known as Soh See Yee @Soo/Su? Gary a very active operator in the crimeworld and he ‘feigned’ his death in a terrible car accident as the dead driver carried his Identity card some twenty years ago.  Since then it is believed he had acquired many fake or real identity cards to continue his criminal way of life but always managed to escape the long hand of the law.  A very well connected fugitive under many dubious identity cards with wealthy circles as his clients to do evil and well paid errands and dabble in Casanova life causing many single mothers

8.5.3.6.1                  Harris Mohd Salleh born in Labuan on 04 November, 1930 need to produce more proof as narrated in the book titled “Harris Salleh of Sabah by Paul Raffaele (1986)“ with the production of Birth Certificate or even DNA analysis to back up whatever claims made in that book.

8.5.3.7                        It is very important all past and present top leaders in politics and civil offices especially Chief Ministers and State Governors and Prime Ministers if they have genuine Birth Certificates to prove their birth places are in Malaysia or Sabah accordingly and not naturalized citizens or documentary citizens when any identity card is not the basis to prove birth places.  Investigations thoroughly into this aspect would identify the problems in the identity system.

8.6             To investigate the reasons for the increase in Sabah's population in the following categories:

8.6.1  i)   Sabahans living in the state, including those accorded blue identity cards and citizenship through late registration of birth;
If all the names given in this Affidavit when traced how they had obtained the identity cards, you would see a big gap in many of them especially those born in decade before independence in 1963 in Sabah, they would not have the first set of identity cards with six digits like mine as mentioned at the beginning, and many also do not have the identity cards with the normal series of seven digits and many were also issued with identity cards of seven digits with range of numbers known to be issued via runners under Project IC or Project M.  Many only got the MyKad with numbers of twelve digits.  Such indicators only confirm that they did not have the normal Birth Certificates at birth but very late certified Birth Certificates.  All these late certified Birth Certificates can be traced back to the sources which have issued them via the Courts.  Let check with the Courts concerned if proper procedures were complied with when such applicants may not attend in persons.  Every MyKad must have the Birth Certificate in the chip.

8.6.2  ii)  foreign workers (including their families);

8.6.2.1                       There is a condition that foreign workers cannot bring their spouses with them when they come over to Sabah but instead many brought their spouses after the foreign workers had settled down with their jobs.  Foreigner workers also marry their own kind when in Sabah or they married local which is illegal as the off springs can present problem about their citizenships.  The authorities concerned had been too lenient with violations of their terms of entry as foreign workers.  These children of foreign workers can be considered as stateless if allowed to remain in Sabah for too long as the home countries may not accept them back.

8.6.3   iii) illegal immigrants (including their families);
8.6.3.1                        It is a fact illegal immigrants with or without families do adopt foreign children as their children to take advantages of the lax control over some groups of foreigners.  Nobody actually know for sure the actual number of illegal immigrants in Sabah at any one time as Sabah has been also a transit place for various purposes.
8.6.3.2                        There are also substantial number of some nationalities that they enter Sabah using passport and decide to say on in Sabah soon upon arrival secure the Identity cards or documentary citizenship under Project IC.  This has been the modus operandi of many illegal immigrants after arrival to let their passports expired. 
8.6.3.3  To indicate how official statistics on arrivals and departure had impact the growth of illegal immigrants here are some schedules of figures from 1970 to 2003 and then 2004 to 2008 and I have yet to analyse the figures  for 2009 to 2012.
8.6.3.3A          Indonesian Arrivals and Departures in Sabah schedule 1970-1983 & 1995-2008

Indonesian - summary from 1970 - 2008 except 1984 - 1994 
Years
Arrivals
Deaprtures
Net
Remark
y1970-1979
367,733
-296,712
71,021
Remain in Sabah
y1980-1983
117,023
-47,169
69,854
Remain in Sabah
y1984--1994 ???



No data available
y1995-1999
302,788
-158,754
144,034
Remain in Sabah
y2000-2003
674,374
-331,103
343,271
Remain in Sabah
y2004-2008
1,601,198
-868,557
732,641
Remain in Sabah
Total
2,578,360
-1,358,414
1,219,946
Remain in Sabah

In the above 28 years, 1,219,946 Indonesians had remained in Sabah.


8.6.3.3B          Filipinos arrivals and departures schedule in Sabah

Filipino - Summary 1970-1983, 1995-2008  except 1984-1994
Years
Arrivals
Departures
       net
Remain in Sabah
1970-1979
20,894
-13,950
6,944
6,944
1980-1983
13,402
-15,483
-2,081

1984-1994 ???




1995-1999
156,843
-162,628
-5,785


-------
--------


Y2000-2003
182,908
-138,704
44,204
44,204
Y2004-2008
275,963
-201,532
74,431
74,431
Total
458,871
-340,236
117,713
125,579






If we compare the figure of arrivals of Indonesians to Sabah, the recorded arrivals of Filipinos are only a fraction of the former.  Too many Filipinos come to Sabah through the various points in the East Coast without going through the proper channels of immigrant points.

The comparative number of much smaller Filipinos of 125,579 remaining in Sabah as compared  with Indonesians of 1,219,946 also need to be investigated.

This is also an important issue to be addressed by the Philippines’ Government and the Malaysian Government through the Immigration Departments.


8.6.3.3C         Arrivals and Departures in Sabah schedule 2004 -2008

Year
Arrivals
Departure
Net

Year
Arrivals
Departures
Net
Indon




Filipino



y2004
286,591
-142,272
144,319
/
y2004
47,376
-39,162
8,214
y2005
381,579
-165,605
215,974
/
y2005
53,967
-34,884
19,083
y2006
300,281
-143,688
156,593
/
y2006
48,900
-30,696
18,204
y2007
455,047
-272,301
182,746
/
y2007
63,011
-46,062
16,949
y2008
177,700
-144,691
33,009

y2008
62,709
-50,728
11,981
Total
1,601,198
-868,557
732,641

Total
275,963
-201,532
74,431











Japan
Arrivals
Departures
Net

China
Arrivals
Departures
Net
y2004
30,850
-20,313
10,537
/
y2004
43,291
-39,929
3,362
y2005
29,416
-23,983
5,433
/
y2005
43,812
-43,194
618
y2006
33,795
-23,078
10,717
/
y2006
53,312
-50,628
2,684
y2007
28,711
-17,907
10,804
/
y2007
64,870
-68,192
-3,322
y2008
35,447
-38,112
-2,665
/
y2008
80,719
-83,927
-3,208
Total
158,219
-123,393
34,826

Total
286,004
-285,870
134

------
------
---------

Taiwan
------
------
------




/
y2004
67,467
-67,448
19




/
y2005
39,219
-39,492
-273





y2006
43,282
-41,570
1,712





y2007
44,239
-44,752
-513





y2008
33,617
-35,740
-2,123





Total
227,824
-229,002
-1,178

The statistics of arrivals and departures in Sabah for the period 2004 -2008

For Indonesians - the arrivals were 1,601,198 and departures 868,557  making  732,641 remaining in Sabah.

For Filipinos, the arrivals were 275,963 and departures 201,532 making  74,431 remaining in Sabah. [NB:  these figures are substantially unreal]

For Japanese, the arrival were 158,219 and departure 123,393 making 34,826 remaining in Sabah

For Bruneians, the arrival of 176,148 and departure of 297,201, making 121,053 more to depart Sabah.  [this phenomenon needs to be addressed in all angles]


8.6.3.3D         Malaysian Arrival and Departure in Sabah schedule 2004 -2008
Year
Arrival
Departure
Net

Year
Arrivals
Departures
Net
y2004
992,670
-1,045,603
-52,933
/
y1,980
42,074
-18,983
23,091
y2005
1,294,379
-1,343,065
-48,686
/
y1981
31,075
-13,337
17,738
y2006
1,413,766
-1,391,192
22,574
/
y1982
24,146
-9,020
15,126
y2007
1,682,518
-1,609,955
72,563
/
y1983
19,728
-5,829
13,899
y2008
1,789,823
-1,672,060
117,763

Total
117,023
-47,169
69,854
total
7,173,156
-7,061,875
111,281


------
-----
-----

For Malaysians, the arrivals of 7,173,156 and departures of 7,061,875, making 111,281 remaining in Sabah in 2004 to 2008.  For the years 1980 to 1983, 69,854 remained in Sabah.

8.6.3.3E          Bruneian Arrivals and Departures in Sabah schedule 2004 -2008
 Bruneian Arrival and Departure in Sabah schedule 1995-2008

y2004
8,005
-61,230
-53,225
/
y1995
12,426
-17,988
-5,562
y2005
6,675
-53,743
-47,068
/
y1996
7,762
-19,390
-11,628
y2006
44,041
-53,061
-9,020
/
y1997
6,027
-20,289
-14,262
y2007
74,346
-77,986
-3,640
/
y1998
9,978
-22,690
-12,712
y2008
44,081
-51,181
-7,100
/
y1999
9,625
-23,711
-14,086
Total
177,148
-297,201
-120,053

y2000
9,327
-31,528
-22,201





y2001
8,496
-41,770
-33,274





y2002
8,055
-46,155
-38,100





y2003
7,094
-47,079
-39,985





Total
78,790
-270,600
-191,810

Arrivals
Departures
 net


Arrivals
Departure
   net

                                               
I would have thought that the Bruneian Government would also like to know of such  development of travellers using their passports.
8.6.3.3E.1      A recent news report titled “ ‘Stateless’ girl is looking for mum” is timely to give me some light in this direction.  Quoting from a report “He said Abdul Rahman had allegedly used the identity of a Bruneian, Ahari Haji Mohamad.  (It is not known how he managed to do this) in registering  Fauziah’s birth after she was born at the Queen Elizabeth Hospital (QEH) here on Nov 29, 1988.   There appears to be a racket to do the Bruneian documents for use only for departures from Sabah.  P70 of EPIC of Sabah 2nd Edition.

8.6.3.3E.2      For Bruneians, the arrival of 177,148 and departure of 297,201, making 120,053 more to depart Sabah for the period 2004-2008.. For the period 1995 to 2003, 191,810 more Bruneians departed from Sabah.  We need an explanation for this strange phenomenon.



8.6.3.3F          Singapore Arrivals and Departures in Sabah schedule 2004 -2008
y2004
5,717
-6,523
-806
y2005
5,001
-6,923
-1,922
y2006
19,840
-14,759
5,081
y2007
13,939
-14,679
-740
y2008
18,047
-19,484
-1,437
Total
62,544
-62,368
176
year
  arrival
departure
     Net





8.6.3.3G         Australian & NZ arrivals and departures schedule in Sabah
Year
Arrivals
Departure
Net
/
Year
Arrivals
Departure
Net
y2004
22,249
-20,722
1,527
/
y1980
2,802
-3,275
-473
y2005
16,483
-16,148
335
/
y1981
3,364
-3,772
-408
y2006
21,205
-18,213
2,992
/
y1982
3,478
-3,973
-495
y2007
16,230
-18,699
-2,469
/
y1983
3,758
-4,463
-705
y2008
28,119
-32,658
-4,539
/
total
13,402
-15,483
-2,081
Total
104,286
-106,440
-2,154






Source: Statistics Department

For other nations such as Singapore, Australia and NZ; China and Taiwan, the arrivals and departures were closely matched.

8.6.4   iv) refugees;
8.6.4.1                        In Sabah the claims for refugees status are deemed to be insincere due to historical and economical reasons.  Malaysia cannot allow refugees to remain too long in Sabah but unfortunately some hundreds of thousand have overstayed in Sabah for decades but the number of such refugees with their families remain stagnant meaning many had been issued genuine identity cards under Project IC.
8.6.4.2                        Actually, the refugees from the Phillipines were engineered by the then President after the Jabidah massacre in 1968 with a known motive now.and their impact on the Electoral Roll.
8.6.4.3                        Of course many such people issued with genuine identity cards had been registered as voters over the few decades with a substantial number between 1991 and 2000 although such illegal practice is still ongoing.
8.7             To investigate the social implications of the issuance of blue identity cards or citizenship to immigrants in the state on Sabahans.
8.7.1   Every aspects of life have been changing since the first batch of illegal immigrants had been issued blue identity cards as it was disclosed by Dzulkifli Abdul Hamid, a senior Government official in 8.1.11.
8.7.2   The Project IC or Project M allowing all illegal immigrants to remain in Sabah is considered as the  “mothers of all woes” in Sabah and beyond, and so this RCI IIS should identify the FATHERS of the Project IC to address the complex and complicity of national scams.
8.7.3   There are on records all sort of social and political (inseparable) implications and glimpses of those presented in books “EPIC of Sabah” in several editions and for that we leave them to the authorities concerned.
8.7.4   It is imperative that this RCI IIS should investigate the motives of the leadership of many local and national leaders that favour illegal immigrants and their unwelcome presence of such massive numbers in Sabah and beyond for an over extended period so much so that the sovereignty and security of the State is in peril now.  The sovereignty  of Sabah vis-à-vis Malaysia had been challenged since independence in 1963 and with questioned top leaders and top civil servants and too many little and big Trojan Horses, it is surely and slowly our social and political developments go awry in Sabah if we compare the days of pre-independence.  The possibility of a ‘reverse takeover’ by our ‘foes’ or ‘rivals’ in the neighbourhood making the genuine Sabahans as already outnumbered by dubious and documentary citizens and as refugees in our homeland left for helpless and destruction..  There go once a wonderful peaceful land in the Land below the wind.
This RCI IIS should go for the top people for their birth rights in Sabah in accordance to the Federal and State Constitutions as far as Chief Ministers and Governors and Prime Ministers with valid birth certificates and possibly DNA analysis.
8.8              To determine the number of foreigners in Sabah who have been given blue identity cards or citizenship by taking into account their stateless status.
8.8.1   It is incredible that there can be claims that few hundred thousands are stateless people out of their own doing with agenda of their own.  Stateless people can arise from situation of refugees, official visitors abusing immigration laws by over staying, and children born in Sabah from the two groups earlier mentioned.  Refugees remain refugees under international laws and should not be stateless.  Such foreigners can be stateless when they do not possess valid documents from where they come from when they are in possession of fake Malaysian identity cards.
8.8.2  A very good and well researched Article written by US graduate Kamal Sadiq titled “When States Prefer Non-Citizens Over Citizens: Conflict Over Illegal Immigration into Malaysia”  is another source to confirm this Project IC.

9.         In conclusion, I pray for the following:-
9.1       I pray that the Government of Malaysia would give all those witnesses including myself assisting or contributing sensitive data and never involved with the Project IC or any generic nature thereof or by whatever names directly or indirectly in this RCI IIS be accorded due recognition of the volunteerism and the protection under the provision of the Whistleblower Protection Act  2010 Act 711. 
9.2       I pray that the Government of Malaysia would extend me a complimentary copy of the RCI IIS Report when it is published for reference as it is not the end of this assignment and also some costs for my heavy sacrificial effort to prepare this bulky Affidavit with research done since 1987.
9.3       I pray that those who should be witnesses including NRD and Immigrations Department officers for involvement with Project IC, or supportive of Project IC or any generic nature thereof or by whatever names directly or indirectly either by personal attendance or failed to turn up be penalized according to the laws of the nation including charge for treason to enable this RCI IIS be effective in resolving this crisis of identity in Sabah and be extended to the whole nation.  For those  whatever position held or still holding who refuse to present themselves, they should be charged under the RCI Act 1950 (Act 119), otherwise this RCI IIS is very diluted.
9.4       I pray that RCI IIS would recommend whatever actions to the International Communities especially the United Nations and their linked bodies so that this escalating crisis embracing sovereignty, security, social implications, political interference, ethnic cleansing, apartheid phenomenon - Malaysian style, religions, economy broadly to be termed as violations against basic human rights or crimes against humanity to prevent an extinction of some groups having lived in Sabah and North Borneo in great harmony for a long time after the Second World War due to external forces arising from the evil schemes of Project IC.. 
Affirmed by the said                          )
Kong Yun Chee @ Joshua Kong  )
At the Kota Kinabalu, in the state )
of Sabah ,                                          )
This ......, day of January 2013     )      .................................................
Before me





................................................................
This AFFIDAVIT in support/assist by witness Joshua Kong Yun Chee affirmed to on .. ..............January  2013  and filed on ...........January 2013 is taken out by the Witness acting in person whose address for service is at  No. 6, Lrg Kinabalu 1,  Taman Luyang 7,  off Jalan Lintas, Luyang  88300 Kota Kinabalu or preferable at P. O. Box 11923, 88821 Kota Kinabalu, Sabah.

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