Why Chin Kwai Fatt cannot lodge a report with the Police or MCMC on this blog.

Chin Kwai Fatt has found the ability to make those around him very uncomfortable indeed. Pictured here together with PLUS Expressway's MD Datuk Noorizah Abd Hamid

The reader will be forgiven for having wondered why Chin Kwai Fatt does not just go ahead and lodge a report with the Malaysian Police or the MCMC on this blog. One would expect that that would have been the first step any corporate leader would have taken, normally.

What would happen if Chin Kwai Fatt was to go ahead and lodge a report against this blog? First of all, he would have to point out to the authorities how, where and why this blog had made false accusations against him. In the course of this explanation, Chin Kwai Fatt would have had to answer some simple questions.

Did you, Chin Kwai Fatt abide by the SSM Practice Note 1/2008, when you signed in 2008 that the company known as PricewaterhouseCoopers Consulting Sdn Bhd (464379-U) "as at the date to which the income statement has been made up the company appeared to have been able to meet its liabilities as and when they fall due'?


Did you ensure that PricewaterhouseCoopers Consulting Sdn Bhd (464379-U), in which you are a Director, met its cash flow solvency tests, and that it can meet its contingent liabilities to the tune of several hundred million Ringgit, arising from the several lawsuits against it, before you signed the declaration in 2008?


How does the company meet its cash flow solvency tests when it had in fact ceased operations?

Did you, Chin Kwai Fatt, ensure that PricewaterhouseCoopers Consulting Sdn Bhd (464379-U), in which you are a Director, met its balance sheet solvency tests, and that it can meet its contingent liabilities to the tune of several hundred million Ringgit arising from the several lawsuits against it, before you signed the declaration in 2008?

If you did not ensure that these two tests were done, and met, on what basis did you sign off that the company can meet its liabilities?

If you consider the lawsuits to be vexatious and frivolous, why hasn't PricewaterhouseCoopers Consulting Sdn Bhd 464379-U) applied to strike out the several lawsuits against it? Does this not make the possibility that the contingent liabilities will fall due, something which is not remote?

Did not the sworn statement by your fellow director in PricewaterhouseCoopers Consulting Sdn Bhd (464379-U), Dato' Johan Raslan, state that the Court of Appeal finds the claims made against PricewaterhouseCoopers Consulting Sdn Bhd (464379-U) could not be said to be manifestly unsustainable.


Does this not then make your declaration that PricewaterhouseCoopers Consulting Sdn Bhd (464379-U) can meet its liabilities as and when they fall due, an offence under the Malaysian Penal Code 197, as a "false statement made in any declaration which is by law receivable as evidence. 

It has been pointed out to us, that the tweet "DADS" by Johan Raslan, which has since been removed, can also stand for Day. After. Drinking. Shits. The man does enjoy his Single Malt Whisky.

The offence of signing a false statement, is punishable by a jail term of up to two years under the Malaysian Penal Code.

"Cutting off the nose to spite the face" is an expression used to describe a needlessly self-destructive over-reaction to a problem: "Don't cut off your nose to spite your face" is a warning against acting out of pique, or against pursuing revenge in a way that would damage oneself more than the source of one's anger. (Wikipedia ~ one of the rare instances when one can consider the definition there as correct)


So is this blog the "face", and a jail term of two years "the nose" in Chin Kwai Fatt's reckoning? Perhaps. Who knows what runs in the mind of Chin Kwai Fatt?

Tun Musa Hitam. We will find out soon how Johan Raslan took him for a ride.