SMSL to join World War II Japanese Invasion Day Remembrance Ceremony

Action Alert

SMSL to join World War II Japanese Invasion Day Remembrance Ceremony

This Sunday 1st September 2013

This Sunday 1st September, SMSL will lead Kuantan residents and supporters from other parts of Malaysia to take part in the annual commemoration ceremony to be held at the Nilai Memorial Park*.

SMSL’s action is to remind Malaysians of those who fought a heroic battle and those who fell victims to Japan’s ruthless act of imperialism.  Many people today still remember the atrocities and the cruelty inflicted by the Japanese army in Malaysia from September 1st 1941 for three years and 8 months during WWII.

Post war, Japanese imperialism continues through its economic expansion.  Mitsubishi set up a polluting rare earth processing plant in Bukit Merah in Perak. It has been linked to deformities in babies and many pre-matured deaths in the surrounding villages.  The plant was eventually shutdown. Until today its toxic radioactive waste still scattered in unknown illegal dumps in the surrounding areas posing a serious health hazard to unsuspecting locals.

Sadly the Japanese seemed not to have heed lessons learnt from history.  Three major corporations - namely Sojitz Corporation, Japan Oil, Gas, and Metals National Corp (JOGMEC) and the Japanese bank Mitsubishi UFC Corporation all helped propped up the controversial Lynas rare earth processing plant near Kuantan - Details available at the bottom of this alert.

SMSL’s participation in the memorial services is to both remember our fallen heroes and victims of Japan’s imperialism as well as to remind Malaysians to continue to fight ruthless imperialism of any kind to protect our lives and our country.

Activities of the Day:

1030am: remembrance ceremony for fallen war heroes at the Nilai Memorial Park

1040am: remembrance ceremony for anti-Japanese occupation fallen heroes

1100am: Recounting the history of occupation by 2 Taiwanese war experts at the nearby Xiao En Centre (http://www.nilaimemorialpark.com/memorial.phtml?v=c)

1.00pm: memorial services ends

*Nilai Memorial Park is located at the 38th km on the KL-Seremban highway

(http://www.nilaimemorialpark.com/park.phtml?v=c&sec=55&artid=200507140009)

For further information, contact: SMSL hotline on 012-9823302

 

Connections Between Lynas Corporation and Japan

About Lynas Corporation

Lynas owns the richest known deposit of Rare Earths, also known as Lanthanides, in the world at Mount Weld, near Laverton in Western Australia. Lynas concentrates the ore mined at Mount Weld in a Concentration Plant approximately 1.5km from the mine. The ore concentrate contain radioactive thorium and uranium.

The concentrate produced by the Concentration Plant is shipped in sea containers and transported by road and ship to the east coast of Malaysia to the Lynas Advanced Materials Plant (LAMP) within the Gebeng Industrial Estate near Kuantan in the state of Pahang in Malaysia, to process the Mount Weld concentrate through to separated Rare Earths products.

The processing and refining of rare earth is highly hazardous involving using a huge quantity of highly concentrated acids at very high temperature.  It produces huge amounts of fumes and gases, highly corrosive waste water and a massive amount of toxic radioactive waste.  To date, Lynas has yet to find a safe permanent solution to tackle its radioactive waste and pollution problems.

The Lynas project has sparked Malaysia’s biggest ever environmental campaign.  Stop Lynas campaigners and supporters have vowed to fight till the end to Stop Lynas.

The Japanese Connections

1. November 24, 2010, Sojitz Corporation and Lynas Corporation entered into a strategic alliance agreement concerning the supply of rare earths products to Japan and the expansion of Lynas rare earths project.
   See http://www.sojitz.com/en/news/2010/20101124.html
2. Wednesday, 30 March 2011, through the facilitation of Sojitz Corporation, Japanese government backed Japan Oil, Gas, and Metals National Corp (JOGMEC) provided a loan and share placement for $US325 million ($A314 million).  In exchange Lynas entered into a 10-year rare earth off take arrangement with Sojitz, supplying to an equivalent of 30% of the Japanese market.  Sojitz will act as the key supplier and distributor of Lynas’ rare earth oxides in Japan.
   See http://www.miningnews.net/storyview.asp?storyID=2383852&section=Search&sectionsource=s88

3.      In July 2011, Japanese bank Mitsubishi UFJ Financial Group took a 9.99 per cent stake in Lynas Corporation through its equity stake in the US bank Morgan Stanley.  Mitsubishi's 9.99 per cent stake in Lynas is mainly a technical result of its decision to switch $US1.7 billion ($1.59bn) worth of convertible bonds into an equity stake in Morgan Stanley last week. Mitsubishi also holds around 4.8 million Lynas shares in its own right, amounting to 0.3 per cent of the company.  In total Mitsubishi owns close to 11 per cent stake of Lynas Corporation.

see http://www.theaustralian.com.au/business/mining-energy/japans-mitsubishi-ufj-financial-group-buys-324m-stake-in-lynas-corp/story-e6frg9df-1226087801986

Press statement of Save Malaysia Stop Lynas (SMSL)

Lynas drops Defamation Suit, SMSL Continues with Legal Cases

July 10, 2013

SMSL campaigners, supporters and local residents gathered at the Kuantan High Court today to witness the official withdrawal of the defamation suit brought by Australia’s Lynas Corporation in a failed attempt to gag them. Local residents in their campaigning t-shirts bearing the Stop Lynas messages held placards to show their determination to continue with the campaign to stop Lynas’ controversial rare earth refinery plant.

Mr Tan Bun Teet, a Kuantan resident and the spokesperson for SMSL said “We knew that this day will come because we were only acting as responsible citizens exercising our constitutional rights to engage with our Prime Minister when we wrote the open letter. Our views were backed by well founded research and data which have been verified by experts. Lynas simply took advantage of Malaysia’s weak civil liberty law by using this defamation legal action to try to silent us. Well it has backfired.”

The Lynas rare earth refinery plant is located in a peat mangrove area only 3 km from the South China Sea near coastal fishing communities and housing estates. Rare earth processing has been linked to catastrophic environmental problems. With Malaysia’s outdated and weak environmental law which is seldom enforced, locals fear the Lynas plant will become a risky and hazardous operation that will leave a lasting toxic legacy for Malaysia. Lynas will be producing massive amounts of different toxic waste, some of which contain thorium and uranium which are radioactive.

“Lynas should have adhered to a higher standard of decency in the first place. How could it build a world-scale refinery plant without ever consulting with local communities in the absence of a full environmental impact assessment or a social impact assessment which it would have to do if the plant is to be located in Australia?” Asked Haji Ismail Abu Bakar, a long-term local resident and another spokesperson from SMSL.

“To add salt to the wound, the government gave Lynas a 12-year tax holiday when we the rakyat who pay taxes would end up living with the risk and hazards forever and bearing any costs of clean up! Of course we will not be accepting such a hazardous project and the raw deal lying down!” He added.

SMSL is a people’s organisation consisting of a team of highly committed community volunteers backed up by strong public support from all over Malaysia and concerned citizens internationally.

SMSL has sought expert advice on the Lynas project. It has had investigative research carried out on Lynas Corporation and its rare earth project by highly qualified independent professionals both in Malaysia and overseas.

“Our position on the Lynas plant is clear. We will fight until the end to STOP Lynas in the interest of the public and Malaysia’s future. SMSL will continue with the judicial review legal cases and its international campaign. It is a matter of either we fight the fight or risk getting exposed to Lynas’ hazards and leaving a lasting radioactive and toxic legacy to future generations!” Concluded Mr Tan.

Press statement of Save Malaysia Stop Lynas (SMSL)

Lynas’ breached licensing condition – TOL should be suspended!

3rd July 2013

SMSL calls on the Government to suspend Lynas’ temporary operating licence since it has failed to identify an acceptable safe permanent disposal facility (PDF) by 2nd July, ten months after the issuing of the licence, as a required condition for the licence.
Mr Tan Bun Teet from SMSL said “The Government has promised to scrutinise the Lynas project. It has even gone as far as saying that it will revoke Lynas’ licence if it is unsafe. Not having a PDF is not a scientifically sound or safe solution to Lynas’ toxic waste. The Government must act responsibly in the interest of the public. We do not want toxic and radioactive waste from Lynas contaminating Malaysia!“
One such promise was made by the Minister of International Trade and Industry (MITI) Mustapha Bin Mohamed this year on 15th January. He claimed that the plant is safe scientifically and promised to scrutinise the plant and to revoke Lynas’ licence if it is unsafe. SMSL is gravely concerned that the Government has not fulfilled its duty of care in scrutinising Lynas and letting toxic waste be dumped in technically unsound and poorly designed retention ponds.
“The Lynas plant is situated near dense rural fishing villages and housing estates. Allowing Lynas to continue to pollute our air, contaminate our waterways and our land tax-free is foolish. It is a violation of people’s rights to clean air and water and a safe place to live. ” Said Haji Ismail Abu Bakar, another spokesperson from SMSL.
According to a detailed scientific analysis by the reputable German institution Oeko, Lynas’ proposed radioactive waste management plan is seriously deficient, contrary to claims by Lynas. More details can be found in the attached Oeko Report Summary.
Meanwhile the market has lost confidence in Lynas. Its share value has plunged to below Australian 40 cent last week. Currently Lynas is operating below a sustainable financial manner.
“Lynas’ failure to stick to its licensing conditions is unacceptable. It is unsafe for the public. Malaysia should not expose this kind of hazardous risk to its rakyat!” continued Mr Tan
“Lynas and the Malaysian Government may think that we will give up fighting Lynas. In truth, we have never stopped. We said we would fight till the end to Stop Lynas and we are doing exactly just that!” concluded Mr Tan.
SMSL will continue with its judicial review cases to seek the court to intervene to withdraw Lynas’ TOL for the safety and in the interest of local residents and all Malaysians. Additionally, SMSL will embark on a campaign to Stop Lynas on a wider global scale.

The roughly 1.2 million tons of WLP (water leach purification – radioactive) waste to be produced have in any case to be disposed of in a Permanent Disposal Facility (PDF), that isolates the radiologic and toxic content over virtually unlimited future times.

Any hopes that this waste can be re-used in the public domain are scientifically and technically nonsense and, with respect to the so posed risks, careless.

The operation of a facility that generates those wastes should only be (temporarily or permanently) allowed if the PDF is available, otherwise another dangerous legacy is created and the burden of caring about and disposing these wastes is unacceptably shifted to future generations.

The fact that neither the International Atomic Energy Agency (IAEA, in it‘s review) nor Lynas (in its Radioactive Waste Management Plan RWMP) nor the regulators AELB and MOSTI recognize, mention and respect the dose criteria and do not set this as their prime condition for any re-use scenario is irresponsible.

Lynas drops defamation case against environment group

Rare earths miner Lynas Corporation has dropped defamation action against a Malaysian green group.

In April last year, Lynas initiated legal proceedings against Save Malaysia Stop Lynas.

Two months later, independent media website Free Malaysia Today apologised for running stories sympathetic to the activists, who opposed plans for a processing plant.

Lynas Corporation chief executive Eric Noyrez on Tuesday said solicitors had been instructed to discontinue legal action against the activist group.
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‘‘There is no value in continuing disputes with members of our local community,’’ he said in a statement.

‘‘Therefore, Lynas intends to instruct its solicitors to discontinue its defamation claim against the Save Malaysia Stop Lynas group.’’

Still, Mr Noyrez said the green group’s comments had created fear, ahead of the plant starting operations in November 2012.

‘‘There were many statements and claims ... which caused anxiety for the community,’’ he said.

The company says its plant, at Kuantan on Malaysia’s east coast, produced significantly lower emissions than environmental and radiological impact assessment limits had stipulated.

‘‘They prove to everyone that our products and processes are safe for people and safe for the environment,’’ Mr Noyrez said.

Lynas shares fell 2.3 per cent to 43 cents following the statement’s release.

AAP

Read more: http://www.theage.com.au/business/mining-and-resources/lynas-drops-defamation-case-against-environment-group-20130618-2og6s.html#ixzz2WdIrWZAg

Press statement of Save Malaysia Stop Lynas (SMSL)

Stepping Up the Stop Lynas Campaign

Thursday, 10 May 2013

SMSL is moving into a new phase of campaigning to Stop Lynas following the recent successful election of two new members of Parliament and three State Assemblymen in the Kuantan region who have pledged to shut down the Lynas rare earth plant. The overwhelming support from local communities wishing to have the hazardous plant shut down is evident. The convincing and comfortable majority each of the opposition candidates have won will not be possible without the strong support, concerted election campaign and the hope as well as trust placed by the people.

Mr Tan Bun Teet, a spokesperson for SMSL says, “While the election frauds elsewhere are being investigated, SMSL is ready to embark on our post-election strategy keep the Stop Lynas momentum up. Firstly, we have contacted the newly elected representatives of the people seeking a meeting to work out ways to tackle the Lynas problem. We look forward to a strong working partnership.”

“At the very least we expect that there will be some level of transparency to pressure the government to do its job as a regulator and to shut down the plant if pollution and radioactive waste are not managed well.” He adds.

Lynas has announced to the international media that it has started production and yet there has not been any data or information from the government on how it has been monitoring or managing the pollution and the radioactive and toxic waste. A study commissioned by SMSL carried out by the highly reputable German scientific and engineering Oeko Institute has revealed serious deficiencies in Lynas’ pollution and waste management – see summary attached. Oeko is committed to environmentally sustainable technology and has extensive experience tackling radioactive substances and toxic waste issues.

To date Lynas has no safe solution to tackle its expected millions of tonnes of hazardous solid waste, one stream of which is contaminated with radioactive thorium and uranium. Its proposal to turn the waste into road building and construction materials as well as fertiliser is irresponsible and unacceptable. The whole of Malaysia may be exposed to Lynas’ hazards if the BN government gives it the go-ahead.

Another SMSL spokesperson, Haji Ismail Abu Bakar said, “We will be stepping up our effort internationally to reveal the truth about the hazardous Lynas plant in Malaysia. So far all the so-called ‘experts’ presented by the government or Lynas are no expert in the rare earth processing or toxic waste management at all. We have been treated like fools when they should be taking maximum precaution in light of the massive pollution problems seen elsewhere from rare earth processing.”

“Making wild claims that Lynas products will be done with zero harm and the plant is state-of-the-art when they are not will soon backfire because we know for a fact that Lynas has already resulted in serious injuries at its plant.” Continues Haji Ismail.

Lynas is an Australian Corporation depending on the international market to borrow money and to sell its products. To Lynas’ financial backers and especially its customers its rare earth oxides will be processed with the highest environmental safeguards.

“Our future is at stake because the world’s biggest rare earth refinery plant is in our backyard. Our government has failed in its duty of care so far. AELB has earlier promise to monitor the project. Where are the data to date? The government has announced the formation of a monitoring committee as recommended by the Parliamentary Select Committee on Lynas. How can this committee be independent and transparent when its spokesperson is from the University of Pahang which will be getting grants from Lynas for its research?” Asked Mr Tan.

“We have said we will fight till the end to stop Lynas and we will stick to our promise to the people, to our family and the many generations to come who will stand to lose if we do nothing now.” Concluded Mr Tan.

Press statement of Save Malaysia Stop Lynas (SMSL)

Election Triumph of the Stop Lynas Campaign

Tuesday, 7 May 2013

SMSL welcome the election of all candidates committed to the Stop Lynas cause in the Kuantan and surrounding areas near the Lynas plant at general election held on 5th May in Malaysia. Two members of parliament and 3 state assemblymen who had campaigned on the Lynas issue were all voted in.

SMSL spokesperson Mr Tan Bun Teet says, “This encouragingly positive election outcome for us is most rewarding as we have staged a concerted campaign to urge the public to vote to stop Lynas. It goes to show that the majority of the people here want to see the Lynas plant shut down.”

The five candidates won a comfortable and convincing majority in their respective seats delivering a clear message that the public have overwhelmingly rejected the Lynas rare earth processing plant near Kuantan.

The plant owned by Australia’s Lynas Corporation has yet to find a safe permanent site for its massive amount of radioactive and toxic waste to date. It has several serious deficiencies as shown in the detailed analysis and evaluation by Germanany’s Oeko Institute - summary overleaf. Instead Lynas has proposed to turn its toxic waste into building and road paving materials as well as fertilisers which will result in its hazards spreading everywhere in Malaysia. This is a serious health and public safety issue for Malaysians in light of the poor track record of toxic waste management here.
Haji Ismail Abu Bakar another SMSL spokesperson explained, “For the government to issue to Lynas the licence to operate when its risks and hazards have yet been dealt with properly is unacceptable. This is why the public has voted for the opposition candidates in Kuantan and in the area near the Lynas plant. We want to send a strong message to the Government that we want the Lynas project shut down.”

Mr Tan and Haji Ismail are two of the Kuantan residents who have filed a judicial review case to revoke the Lynas temporary operating licence (TOL). This is in light of serious risks and problems related to the Lynas project which have been identified by health, scientific and engineering experts.

“If the government or Lynas think that we will end our campaign to shut down the Lynas plant with the election, they are wrong. We are now moving into a new phase of the campaign. The people have given us the mandate to fight on. With this renewed energy and newly elected political representatives, we will soldier on to end this public hazard and ill-gotten project.” Mr Tan asserted

Press Statement of Save Malaysia Stop Lynas on 20th March 2013

Press statement of Save Malaysia Stop Lynas (SMSL)
Lynas latest Spin is an Act of Desperation

March20, 2013

The erroneous statement issued by Lynas Corporation on Monday 18th March that SMSL has now exhausted all avenues of appeal to challenge its temporary operating licence (TOL) grossly distorted the truth. Lynas posted the statement on its website

http://www.lynascorp.com/Announcements/2013/Federal%20Court%20Dismisses%20Challenge%20by%20SMSL%20180313%201205547.pdf

following the dismissal of the case brought about by the Stop Lynas Coalition (SLC) on Monday. SMSL is NOT a party to the SLC case and our legal team is still in the midst of preparing for further legal challenges.

SMSL spokesperson Mr Tan Bun Teet says, “Lynas’ statement is legally and factually incorrect. It goes to show how desperate Lynas is to the point of distorting the truth of its legal challenges in Malaysia. There are several Stop Lynas groups fighting the same cause for strategic reason. It is irresponsible of Lynas to have so grossly misrepresented the fact and misinformed the market to distract its shareholders and investors’ attention from the plant’s real problems and challenges in Malaysia.”

Mr Tan is one of the Kuantan residents who has filed a judicial review case in the court based on issues identified by legal, scientific and engineering experts to revoke the Lynas temporary operating licence (TOL). Lynas shares value shot up briefly following its erroneous announcement, crossing its long-held low 60c margin before settling back to 59c at the close of yesterday’s stock market.

The legal avenue available to challenge the Lynas TOL is far from exhausted. Cases are still being prepared. The general election which is overdue in Malaysia is now a strong campaigning point for the Stop Lynas groups. Efforts are now being put into getting voters to cast their votes for candidates who have pledged to shut down the Lynas plant.

Haji Ismail Abu Bakar another case applicant lamented, “Lately residents are outraged because their water supplies have been cut off unannounced and the water pressure at peak time has been exceedingly low. We know Lynas will be using a lot of water for its processing. We have never had these problems until recently. This coming election the Stop Lynas campaign will go all out to get voters to use their democratic right to shut down the plant.”


Malaysian environmental law is over 20 years out of date with no reference or limits for many of the toxic substances soon to be produced by the Lynas plant despite the bitter and tragic lessons from the now closed Mitsubishi rare earth plant in Bukit Merah. The Atomic Energy Licensing Board has failed the Bukit Merah people and it is now failing the people of Kuantan by issuing Lynas its TOL.

By issuing Lynas its temporary operating licence, the Government has failed in its duty of care to regulate Lynas and to protect the rakyat and Malaysia’s natural resources from dangerous hazards and pollution.

“The public has donated generously to give SMSL adequate resources to fight until the end to shut down the Lynas plant. We will pursue every single legal avenue available out there and campaign in every possible way to vote to shut Lynas down. Our future is too precious to be ruined by a profit-seeking foreign company that pays no tax.” Mr Tan reiterates the stance of SMSL.

Lynas’ Appeal in Defamation Case Dismissed with RM20K costs

Save Malaysia! Stop Lynas! Press statement

March 8th, 2013

This morning, three judges unanimously dismissed Lynas' appeal with costs of RM20,000.00 in its defamation proceeding against SMSL. Last July, Lynas failed in its attempt to gag SMSL through an injunction application. Lynas alleged that an open letter issued by SMSL which was endorsed by close to 50 civil society organisations to the Prime Minister was defamatory. Subsequently, SMSL lawyer succeeded in getting the court to transfer the case to be heard in Kuantan which led to the Lynas appeal.

Mr Tan Bun Teet, a spokesperson for SMSL, a Kuantan resident and a defendant named in the defamation suit said “In the first place, by taking up a defamation action against a citizen group such as SMSL, Lynas’ is showing itself up the kind of corporation it really is. We raise issues concerning the Lynas rare earth project with our Prime Minister because we are concerned for our family and our future. Lynas would not be able to sue us this way in Australia and yet it is taking advantage of Malaysia’ weak civil rights law to try to gag us.”

The judges ruled that the High Court judge was correct in deciding to transfer the case to the Kuantan High Court because it is an appropriate forum for the case. The Judges were:-
Justice Hishammuddin Yunus
Justice Abd Aziz Rahim, and
Justice Mohd Ariff Yusof

Haji Ismail Abu Bakar, another defendant named in the Lynas suit and a Kuantan resident explained, “I speak out because many rakyat (citizens) who will be directly and most immediately affected by Lynas’ pollution are at no liberty to speak out or to voice their concerns. They may lose their livelihoods and our health may suffer severely. We have never been consulted about this project. Lynas’ gag action only strengthened my determination to keep fighting.”

In January, reputable Germany’s Oeko Institute released a detailed scientific evaluation of the Malaysian Lynas rare earth refinery plant and found several very serious deficiencies which should have been identified by the International Atomic Energy Agency (IAEA) and the Malaysian regulators the Department of Environment and the Atomic Energy Licensing Board (AELB). Instead, approval was given to the project and an operating licence issued which will lead to dire consequences to the local community and future generations:

“These agencies which are supposedly set up to protect the public and the environment have failed us. We the affected citizens have no choice but to pick up the pieces and to fight for our future through legitimate means and way. We have said it many times, we will fight till the end to Stop Lynas.” Concluded Mr Tan.

Latest Update from Save Malaysia Stop Lynas (SMSL)

Latest update from Court Of Appeal in Putrajaya

Today's case at the Putrajaya is about Lynas's appeal to keep the defamation case in KL court and here is the outcome brief by SMSL lawyers:

The Court of Appeal this morning unanimously dismissed LYNAS' appeal with costs of RM20,000.00 and ruled that the High Court judge was correct in deciding to transfer the case to the Kuantan High Court. The Court of Appeal was of the view that the forum conveniens (most appropriate forum) to hear the defamation suit is the Kuantan High Court.

It is the second time that we get awarded costs by the Malaysian courts:

Once when we won the case on Lynas application to shut us up. We got RM 5,000

Today we won another round at the appellate court and this time round we got RM20,000

Activists Fear Toxic Pollution from Malaysia Rare Earths Plant

Facility near South China Sea slated to be largest rare earths processing operation outside China

http://www.earthisland.org/journal/index.php/elist/eListRead/activists_fear_toxic_pollution_from_malaysia_rare_earths_plant

SMSL's Court Cases

Coming up court cases in March:

8.3.13 :- Hearing of appeal in court of appeal in relation to transfer proceedings ( Lynas' appealing);

18.3.13 :- Recusal application in Kuantan High Court. (AG's chambers has asked for a postponement as they said the date is not suitable).

LATEST UPDATE FROM SMSL's COURT CASE

Qoute from SMSL Chairperson, Mr. Tan Bun Teet

We attended the court event yesterday. It was supposed to be a hearing on our application for discoveries of documents from Lynas on our defamation case.

When our lawyers emerged from the chambers in such quick time we knew something must be amiss and true enuf we were told that the court could not proceed with the hearing as all documents on the case in transit from KL High Court to here are not 'available'!

This is truly the only Bolehland in Asia!

Now our lawyers have to fotocopy again all those documents submitted to the courts since the inception of the case and attend a management meeting on the 22nd March before the court decides on a date for the hearing on our application.

This and the appeal hearing by Lynas in objecting to the transfer in the appellate court will have to be disposed of first b4 the defamation suit can begin.

Almost all our court cases will see their proper hearings only after GE13. The most crucial one will be the JR hearing and it is only appropriate for me to gently remind all involved in the JR case that before the court makes its decision on whether LAMP is safe or otherwise, it will be sub judice for us to claim or say that the Oeko report showed that LAMP is not safe!

Similarly should you find any of the Ministers or even Nick make statements to allude to the safety of LAMP pls help to send us the report or link. We can use that against the govt and Lynas in our JR case.

Thanks

Mining Firm, Ex-Teacher Battle Over Rare Earths

  The Wall Street Journal
 
"In the internet era, even a 64-year-old retired math teacher can become a threat to a large company.

That, at least, is the experience of Lynas. For over a year, the Australian rare-earths mining group has come under fire from Tan Bun Teet and his band of tech-savvy campaigners here on Malaysia's South China Sea coast."

http://online.wsj.com/article/SB10001424127887323764804578310070165067986.html?mod=WSJAsia_hpp_LEFTTopStories

LATEST UPDATE FROM SMSL's COURT CASE

Qoute from SMSL Chairperson, Mr. Tan Bun Teet

The JR hearing scheduled for the 5th Feb is now off!

We have filed for the judge to be recused and also an application for the Mosti Minister to be summoned to court for cross examination by our counsel.

These two have to be disposed off before the hearing of JR can proceed.

One of the reasons why we filed for the recusal is because she ruled on last Tuesday's application on the ground that the 7 applicants did not appeal to the Minister first before coming to court for leave.

I am one of the 5 applicants who had not gone thru the minister's hearing and if this is to be the criteria in use in her future judgement, I and the other two applicants will be barred from proceeding ANY further!

拯救大马委员会（SMSL）新闻文告

拯救大马委员会将继续进行法律诉讼停止莱纳斯

30/01/2013

拯救大马委员会针对关丹高庭昨天以没有向相关部门提出上诉，进而耗尽行政上诉管道为理由，拒绝向7名关丹居民发出司法审核的准令保持怀疑态度，认为法官判决不谨慎，自相矛盾。

拯 救大马委员会主席陈文德指出，将在未来再次上诉申请撤销莱纳斯的TOL（临时营运准证）。一名拯救大马委员会发言人表示：“已经越来越多专家提出证据证明 莱纳斯项目将会为马来西亚人民以及国家带来永久性的负面冲击。事实上拯救大马委员会已经致函给马来西亚科学工艺与革新部长，其他的居民较早前也向他申诉。 但是部长已经有了定论，这是为何我们求助于法院的原因。”

昨天的司法审查是挑战马来西亚原子能执照局（AELB）向莱纳斯发出TOL（临时运作许可证）的决定。这项法律诉讼是在较早前在2012年12月18号呈上法院。

Haji Ismail Abu Bakar在出席听证会后感叹的表示：“显然，我们不能只靠法庭来决定我们的未来。我们需要以全球运动以及在既将到来的大选做出更多的努力, 来为马来西亚带来改变。我们的未来不会出卖在不关心环境和人民的企业以及政府手上”

著名德国科学研究所在较早前（星期一）发表了一份报告，清楚显示莱纳斯项目中的几个重大缺陷。民众可以通过以下的连接阅读有关的新闻文告：http://www.oeko.de/press/press_releases/dok/1484.php

陈 文德向反莱纳斯的支持者呼吁时表示：“拯救大马委员会誓言要抗争到底。现在我们手上有科学证据证明莱纳斯是不安全的。我们将会加强我们的国际运动和选举运 动，改换政府。我呼吁所有的居民和马来西亚公民站出来和我们一起联手保护你们的家人，你们的财产以及关丹和马来西亚的未来。选择权在您手上，请为了我们的 国家及一个更安全的生活环境做一些事吧。”

更多的资讯请拨打SMSL的热线：+6 012 982 3302

Press statement of Save Malaysia Stop Lynas (SMSL)

SMSL Continues with Court Action to Stop Lynas

30th January 2013

SMSL is sceptical with yesterday’s Kuantan high court’s outcome dismissing the judicial review case filed by seven Kuantan residents on ground that they have not raised the matters with the relevant government minister.

Mr Tan Bun Teet, an applicant to another judicial review case forthcoming to revoke the TOL and a spokesperson for SMSL says “It appeared that the mounting evidence by various expert witnesses and impact of the Lynas project on us the rakyat and our country from now and forever had not matter. The fact of the matter is SMSL has written to the Minister for Science, Technology and Innovations and other residents had earlier appealed to him. The Minister had made his decision which is why we turned to the court in the first place.”

The judicial review yesterday was to challenge the decision of the Atomic Energy Licensing Board (AELB) on the issuance of the temporary operating license (TOL). The case was filed on 18th December 2012.

“Clearly, we cannot only rely on the court to decide our future. We have to do more work on our international campaign and our election campaign for change in Malaysia. Our future is not for sale to any company or government that does not care about the environment and the people.” Lamented Haji Ismail Abu Bakar who was present at yesterday’s hearing.

“SMSL has vowed to fight until the end and we WILL do just that. We now have scientific facts about the Lynas project on hand. We will intensify our international campaign and the election campaign for a change of government. I call on concerned residents and citizens to stand together with us to do something to protect your family, investment and your future in Kuantan and in Malaysia. The government has failed in its duty of care to protect you. The choice is now in your hands to do something to reclaim your safe space here in this country.” Mr Tan appeals to supporters of the Stop Lynas campaign.

For further comments, please contact SMSL hotline +60129823302

YALE environment 360

 http://e360.yale.edu/feature/boom_in_mining_rare_earths_poses_mounting_toxic_risks/2614/

Boom in Mining Rare Earths Poses Mounting Toxic Risks

The mining of rare earth metals, used in everything from smart phones to wind turbines, has long been dominated by China. But as mining of these key elements spreads to countries like Malaysia and Brazil, scientists warn of the dangers of the toxic and radioactive waste generated by the mines and processing plants. 

By Mike Ives

Oliver Peter Curtis charged with conspiracy to commit insider trading

http://m.smh.com.au/business/socialite-may-face-jail-over-insider-trading-charges-20130129-2dj0a.html


Socialite may face jail over insider trading charges

THE Sydney socialite Oliver Peter Curtis was charged on Tuesday with conspiracy to commit insider trading, two years after his former best friend John Hartman pleaded guilty to insider trading offences that led to a prison sentence.

The charges relate to an alleged agreement between the two where Mr Curtis allegedly traded on the basis of inside information Hartman possessed about the trading intentions of his employer, Orion Asset Management.

According to the Australian Securities and Investments Commission, in return for providing the insider information, it is alleged Mr Curtis provided Hartman with a share of the profits in the form of cash and ''by using the funds to purchase items for Mr Hartman''.

Mr Curtis is the son of the Sydney businessman Nick Curtis, a founder of Sino Resources and the executive chairman of the rare earths miner Lynas Corp.

Mr Curtis works with his father at a corporate advisory firm, Riverstone Advisory.

Hartman, the son of the prominent Sydney obstetrician Keith Hartman, was sentenced to three years' jail after pleading guilty to related, and unrelated, insider trading offences in April 2010.

China Ambassador hints out rare earth waste as a 'big problem'

http://m.malaysiakini.com/news/220187

• 承认稀土废料是“大问题”
  中国大使称或令外资止步
• 2013年1月29日 下午4点36分
• 尽管贸工部长慕斯达法今早宣称，到马中关丹产业园投资的中国商家都不曾提起稀土厂问题，足以证明莱纳斯稀土厂安全；但是在另一边厢，中国驻马来西亚大使柴玺却说，稀土废料是一项大问题，或造成中国投资者止步来马。
  
  根据《光华日报》面子书，这也是柴玺首度对澳洲莱纳斯公司在彭亨关丹格宾工业区设立稀土厂一事，作出回应。
  
  他表示，尽管专家研究报告显示，稀土产品不会危险人体健康，但稀土废料确实是项大问题，令中资“困难”前来投资。

Chairperson of SMSL, Mr. Tan Bun Teet's speech at Oeko Lauch

The Government and Lynas have always claimed that the people have no scientific evidence to keep the temporary operating licence away from Lynas. Now we have a detailed document explaining why the licence should never have been issued and how the Lynas project will pollute our environment and its radioactive waste will leave undue burden for future generations.

The list goes on as evidenced in the Oeko report.

This report is a long- time coming and we highly appreciate the hard work and the thorough analysis carried out by Gerhard and his peers at the Oeko Institute.

This report clearly shows that the Lynas plant in Malaysia is not a zero-harm operation, far from it in fact. Lynas, the IAEA and our own government have all failed in their duty of care to ensure that the necessary standard is uphold and due procedure followed in allowing the Lynas project to go ahead.

SMSL will be using this report and the findings for future court cases. The report will be widely publicised and shared amongst professionals and concerned people in Malaysia so that we are clear what risks and hazards the Lynas project is posing on us.

The report will be widely circulated to journalists and institutions all over the world, especially to financial institutions, universities and to corporations who have signed up to buy Lynas' rare earth oxides. They will learn that Lynas has been deceiving them on the ecological sustainability of its products.

SMSL will of course use the report to pressure the Government to do its job as a regulator and a law enforcer. The people have spoken loud and clear. Any government that blindly supports the Lynas project like the current regime will not get their votes!

SMSL would like to thank the generous and caring public in Kuantan and elsewhere in Malaysia and overseas who have donated generously to the Stop Lynas campaign. Without their contributions, this report would not have been forthcoming and we would have to put up with a world-scale polluting plant without a good fight.

SMSL also commend the tiresless effort and energy of the public in continuing to protest to oppose the Lynas rare earth project. Without this energy and commitment, the Stop Lynas campaign will not be as strong and as well known today.

I urge everyone to continue to play their part and do whatever possible to help us Stop this polluting and hazardous project - STOP LYNAS!

Thank you very much