Oleh/By		:   	DATO' SERI DR. MAHATHIR BIN MOHAMAD 
Tempat/Venue 	: 	HOTEL HILTON, KUALA LUMPUR 
Tarikh/Date 	: 	07/07/98 
Tajuk/Title  	: 	SEMPENA PELANCARAN SAMBUTAN 
			100 TAHUN ROC 


       Saya  mengucapkan terima kasih kepada pihak  Pendaftar
  Syarikat  kerana menjemput saya untuk melancarkan  sambutan
  100  tahun  ROC  dan juga merasmikan pembukaan  Persidangan
  Antarabangsa   mengenai  'Corporate   Governance'.    Sudah
  seratus  tahun  berlalu sejak syarikat saham  bersama  yang
  pertama  ditubuhkan  di bawah undang-undang  syarikat  kita
  walaupun  pada  masa  itu kebanyakannya  dipinjam  daripada
  undang-undang  Inggeris.  Kita sudah melihat  perubahan  ke
  atas  negara  kita  yang bertukar daripada  sebuah  ekonomi
  yang   berasaskan  pertanian  dengan  sedikit  perlombongan
  bijih   timah   kepada  ekonomi  industri  pembuatan   yang
  berpelbagai  yang  berkembang pada hari  ini.   Kita  telah
  mengambil  jalan  ke  arah  perindustrian  bermula   dengan
  industri-industri   berintensifkan   buruh   dan   barangan
  gantian   import  kepada  industri-industri  berintensifkan
  teknologi,  modal,  berasaskan eksport dan  nilai  ditambah
  yang  lebih  dan  seterusnya dalam bidang industri-industri
  multimedia  dan  teknologi maklumat.  Kita  telah  mencapai
  kejayaan  dalam  menarik  aliran pelaburan  yang  besar  ke
  dalam  negara  dan  sektor korporat kita  telah  berkembang
  pesat sehingga mempunyai lebih daripada 460,000 syarikat.
  
  2.    Through  all these changes, the roles played  by  the
  ROC  have  been increasingly significant. In  keeping  with
  changes  in patterns and demands for its services  and  for
  corporate information so vital for the continuous  progress
  of  the  economic  cycle  in our  country  as  well  as  in
  promoting  and  encouraging a high  standard  of  corporate
  governance, the roles played by the ROC have been  crucial.
  However,   developments   in   computer   and   information
  technology  have made dramatic changes to  the  way  people
  and  corporations operate and ROC must continuously improve
  and   upgrade  its  operating  systems  to  meet  with  the
  challenges  of  this new age, especially  in  meeting  with
  the  needs  of  an  electronic government  in  the  age  of
  electronic commerce.
  
  3.    These are changing times for companies in East  Asia.
  The  impact  of currency speculations which  started  as  a
  ripple  has  created a 'tsunami' effect in  our  economies,
  destroying   in   its   wake  decades   of   socio-economic
  achievements  that was the result of the blood,  sweat  and
  tears  of  a  nation's populace. Our cherished institutions
  are  being  severely  tested whilst  critics  have  paraded
  their  usual generalisations and pronouncements.  They  say
  that  we  lack credibility. They insist that we  have  been
  lackadaisical  in our enforcement of laws and  regulations.
  They  raised  concerns  about cronyism  and  say  that  our
  attempts  to  moderate  the  impact  of  bankruptcies   are
  bailouts.  Above  all these critics who themselves  operate
  in  absolute  secrecy condemn us for our  alleged  lack  of
  transparency.
  
  4.    It  is  amazing that the same self-appointed  critics
  were  applauding our east asian miracle not too  long  ago.
  Everything  that  we  did  then was  right  and  should  be
  emulated  by  everyone. They urged their  clients  to  move
  their  capital  to  our capitals. Prudence  in  lending  to
  companies  was thrown out of the windows. We were persuaded
  to   lower  our  barriers  and  admit  their  capital   and
  practices into our countries with promises of rapid  wealth
  creation.  There were talks of a world without  borders,  a
  globalised  world  in which the wealth of  the  rich  would
  flow to poor countries.
  
  5.    Then  overnight we are told that  we  are  no  longer
  attractive.  Capital flight became the order  of  the  day.
  When  we  try to protect our economic sovereignty  we  were
  severely   punished   by  further  impoverishment   through
  devaluation  of  our  currency and emasculating  our  stock
  markets.    We   admit  that  there  were  weaknesses   and
  unacceptable practices in the management of our  economies.
  But  they  are  not  any  worse  than  the  weaknesses  and
  malpractices  of  the developed countries  when  they  were
  growing their countries.  Their rampant capitalism  was  so
  oppressive that the working classes revolted and gave  rise
  to  the socialist and communist ideologies.  As we all know
  the  conflicts which followed cost millions of lives, a hot
  and a cold war which sapped the wealth of the whole world.
  
  6.    Unlike many newly-independent countries Malaysia  did
  not  discard the market economy in favour of socialism  and
  communism.   But  we  made  the market  an  instrument  for
  social   engineering  in  order  to  achieve  justice   and
  fairness  to  all  in our multi-racial society.   The  laws
  governing  corporate behaviour were such  that  they  serve
  not  just  the  maximising  of profits  but  also  for  the
  redistribution  of  wealth.  The ways of  Robin  Hood  were
  avoided.  The rich were not robbed in order to give to  the
  poor.   Instead the rich, through their capital  and  their
  entrepreneurial  skills were made to  generate  wealth  for
  everyone.  Judicious policies were formulated so that  jobs
  were  created,  supporting industries spun  off  and  taxes
  were  generated  to enable the Government  to  provide  for
  needed   infrastructures.    Upward   mobility   for    the
  population was made possible through generous provision  of
  educational facilities and scholarships for those in need.
  
  7.    The  Communist  idea that control  of  the  means  of
  production  by the Government would enable all  the  wealth
  creation  to  be  in  the hands of the  Government  and  so
  benefit  all  the  people was rejected.   Nevertheless  the
  Government   experimented   with   state   ownerships   and
  monopolies.  But the experiment proved the fallacy  of  the
  idea  that  Governments  can do business  and  benefit  the
  people.
  
  8.    Taking  a  180  degree swing the  Government  adopted
  privatisation as a strategy for economic growth.  Not  only
  were  the  failed Government companies privatised but  many
  of   the  traditional  Government  functions  such  as  the
  provision  of  utilities were also privatised.   Monopolies
  were  abolished  in  order  to  stimulate  competition  for
  greater  efficiency.  Thus Government  monopolies  such  as
  telecommunications,  power,  highways,   airlines,   ports,
  delivery  services and others were distributed to companies
  which  compete  with each other.  Where  before  there  was
  only  one  telecoms department now there are nine companies
  providing telecommunication and broadcasting services.   In
  Malaysia the necessity for an anti-monopolies law or  Anti-
  Trust  Law  as  found  in some Western countries  does  not
  arise.    No  monopoly  has  been  given  to  any  company,
  certainly  not on a nation-wide basis.  Where  there  is  a
  need  to  avoid  duplication of costly infrastructure,  the
  country  is divided into regions and each region  is  given
  to one company on a competitive bid basis.
  
  9.     Privatisation  spawned  new  and  comparatively  big
  corporations.   The  laws  and  policies  governing   these
  corporations    ensure    that    they    shoulder    their
  responsibility to the public at all times.   They  are  not
  entirely  free  to  determine  fees  or  fares  or  charges
  without  inputs by the Government.  This ensures  that  the
  political  and  social  agenda  of  the  nation   are   not
  neglected.   Sometimes when the laws, rules and regulations
  seem  inadequate to serve social and political  objectives,
  moral  suasions  are  applied.  The  corporation  would  be
  within  their  rights to appeal to a court of  law  but  in
  Malaysia  the  social  commitment of the  corporations  are
  very  strong and they do not litigate.  There is  therefore
  a  good  corporate culture which makes up  for  legislative
  weaknesses.
  
  10.   Good governance for the corporation cannot depend  on
  laws   and  their  enforcement  alone.   A  good  corporate
  culture is a necessity.  In Malaysia we  have decided  that
  the   private  sector  has  a  big  role  to  play  in  the
  development  of the nation.  They create wealth,  jobs  and
  they  pay taxes.  Since what they do is important  for  the
  nation,  the  Government  should  actually  facilitate  the
  smooth  functioning of private enterprise.   This  requires
  continuous feedback and support by the Government.  It  was
  decided  that close cooperation between the Government  and
  the  private  sector  can  actually  enhance  the  economic
  growth  of  the  country.  And so the concept  of  Malaysia
  Incorporated  was  adopted,  a concept  which  regards  the
  whole  nation  as  one  large  corporation  in  which   the
  Government  and  the  private  sector  together  with   the
  workers should contribute towards its success.
  
  11.   There used to be a belief that it is the duty of  the
  Government to put as many obstacles as possible in the  way
  of  the  corporations.  They were regarded as some kind  of
  exploitative   enemy,  bent  only  on  making   money   for
  themselves.  Perhaps  they should  be  frustrated  if  they
  contribute  nothing  at  all  to  society.   Certainly  the
  capitalists  of the past did exploit the workers  and  felt
  no  obligation  to  the society in which  they  made  their
  profits.  But the socialists and the communists taught  the
  capitalists  a  good lesson and they have now  become  more
  conscious  of  the  debt  they  owe  to  society.  And   so
  Governments  have  been  able to craft  policies  and  laws
  which  ensure  that  the profits  made by  the  capitalists
  contribute   significantly  to  the   well-being   of   the
  communities  in  which they live.  There  is  therefore  no
  reason  for  frustrating the wealth-creating entrepreneurs.
  Indeed  they should be helped because a goodly  portion  of
  what  they  make goes towards the improvement of the  lives
  of  the  people as a whole.  They are the goose which  lays
  the  golden eggs and their continued capacity to lay  these
  eggs should be ensured.
  
  12.    The   Malaysia   Incorporated   concept   encourages
  Government/private sector cooperation for  the  development
  of  the nation.  The result of their cooperation is obvious
  from  the  high  (eight percent plus)  economic  growth  of
  Malaysia.
  
  13.  The danger of abuse and corruption must be present  in
  such  close proximity between the Government personnel  and
  the  private sector.  But such dangers also exist when  the
  Government  distances  itself  from  the  private   sector.
  Where  the Government is obstructive, such obstruction  can
  and  have  been  used to extract bribes  from  the  private
  sector.    At   the  same  time  national  development   is
  retarded.   Clearly  when Government is unapproachable  not
  only is corruption not eliminated, development is slow  and
  the  economy  cannot grow. Between the risk  of  corruption
  due  to  close proximity between Government and the private
  sector  and  that caused by a confrontational  attitude  by
  Government personnel towards the private sector,  there  is
  more to be gained from the former.
  
  14.   Naturally  the  rules have to be tailored  to  ensure
  maximum   gains  with  minimum  abuse  from  the   Malaysia
  Incorporated concept.  The culture too has to  be  changed.
  Corporate   laws  must  be  made  suitable   for   positive
  interaction between the Government and the private sector.
  
  15.   Through  privatisation and the Malaysia  Incorporated
  strategy  the country was set to grow so that  by  2020  we
  would  become  a developed country.  Unfortunately  we  are
  now  seeing  the  return of rampant  capitalism.   The  old
  capitalist  were  confined to their own countries.   Modern
  Information Technology and the ease with which  huge  funds
  can   be  accumulated  and  managed  has  given  the   new-
  capitalists  tremendous  powers.  With  billions  and  even
  trillions  at their disposal, they can now challenge  whole
  Governments.   The  sovereignty  of  nations  in  terms  of
  currency  and the movements of capital have now been  lost.
  The  free  flow  which  should bring  wealth  to  the  poor
  countries  of  the  world  has  now  brought  about   their
  impoverishment.  Although Government practices and lack  of
  openness  etc.  may be blamed, there can be no  doubt  that
  the  loss  of  control over exchange rates and  the  cross-
  border  flow  of capital are responsible for the  financial
  turmoil now assailing the countries of East Asia.
  
  16.   In  the  face of this, corporate governance  must  be
  reviewed.   Obviously  there are  weaknesses  in  corporate
  governance  which have to be attended to.   The  ease  with
  which    currency   devaluation   accompanied   by    share
  depreciation can distress even the most sound of  companies
  points  towards  a  need for new rules and  regulations  as
  well  as  laws  to improve the resilience of  corporations.
  Many  of  the present laws and rules and banking  practices
  tend  to  aggravate  the  problems of  corporations  during
  economic  turmoil.  These will have to be studied  and  new
  sets  of rules, regulations and laws formulated.  The  idea
  is  not  to help bad companies but to enable good companies
  to  survive  when their failure is not of their own  making
  and  to turn them around.  Their survival and profitability
  is  not  just  for their own good but for the good  of  the
  nation  as  a whole.  Certainly Governments need profitable
  companies if they want to fill their coffers.
  
  17.   I  hope that in your deliberation you will give  some
  thought to this problem.
  
  18.    I  would  like  to  congratulate  the  ROC  and  the
  organisers  for this conference and the choice of  subject.
  I  warmly welcome the speakers and the scholars present  as
  well  as the delegates.  I hope you will benefit from  your
  participation and your visit to Malaysia.  I hope you  will
  contribute  towards  our  search  for  a  solution  to  our
  present problem.
  
  19.    Dengan   ini  saya  dengan  sukacitanya  melancarkan
  sambutan  100  Tahun  ROC  dan  merasmikan  pembukaan  'ROC
  Centennial Conference on Corporate Governance'.

 

 



 
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