No breach. GST refund money was administered in accordance with the law

The GST refund money, which was moved to the government’s consolidated account instead of the GST refunds account was proper and in accordance to the law.

The said act by the then Minister is legal and provided by the law whereby
“the Minister may authorise the payment into the Consolidated Revenue Account in the Federal Consolidated Fund of all or part of the moneys of the Fund” as provided under sub-section (5) of Section 54 which reads:

54 (1) A fund to be known as the Fund for Goods and Services Tax Refund (in this section referred to as “the Fund”) is established which shall be specified in and incorporated into the Second Schedule to the Financial Procedure Act 1957.

(2) There shall be paid into the Fund the amount of tax collected under this Act as may be authorised by the Minister.

(3) The moneys of the Fund shall be applied for the making of any refund under section 38 and Part VII.

(4) The Fund shall be administered by the Accountant General of Malaysia.

(5) Notwithstanding subsection (2) and the provisions of the Financial Procedure Act 1957, the Minister may authorise the payment into the Consolidated Revenue Account in the Federal Consolidated Fund of all or part of the moneys of the Fund.

Thus the brouhaha about the missing funds as being stolen or done in breach of the law are all political antics by the Minister of Finance and the PH government solely with a political agenda. This high profile political drama is highly irresponsible as it reflects negatively on our administration, institutions, and governance in the country. It is as if Malaysian bureaucrats have no dignity and will act according to their political masters’ whims and fancies in total disregard of the laws.

The Minister of Finance, Lim Guan Eng owes all Malaysians an apology and must take heed that his words and deeds have far-reaching impact and have been proven to be damaging to the nation’s economy.

Instead of trying to find his way out by saying that the PAC was using parliamentary language, he must humble himself by acknowledging that he had overlooked and failed to acknowledge the clear provisions of law under Section 54 (5) and thus there is no breach of law or impropriety and the administration of our institutions are intact and professionally done.

By crying foul too quickly without prudence or due diligence is akin to burning the nation’s good name, institution, and the administration that have attracted investments, confidence and economic growth.

The PH government and Ministers must behave and start to govern the nation with caution, care, and responsibility as mandated by the people. It is time for them to stop kicking up dust or endless fuss over nothing and be seen to be doing something that’s got nothing or zero value to the rakyat and the nation.

YB Senator DS Ti Lian Ker
Vice President MCA

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