Thursday, 17 November 2016

A Message on the 17th Anniversary

Today, the 17th day of November, 2016, marks the 17th Anniversary of my company, Softegic Systems Management Sdn Bhd, in business operations.

17 years ago, I did not really give much deliberation on business plan as taught in the business textbooks when I made such a profound decision in my career development pathway in 1999. I simply felt that I should do something at my very own ways to pursue the aspiration of propelling a better adoption and deployment of information systems for strategic value proposition in ever increasing competitive business environment. Hence, I registered a RM 2 company together with my late father, bought a PC, a desk, a chair, a printer, a fax machine, rented half of an office behind Pacific Mall in Butterworth, and started looking for software development business and delivered alone.

In retrospective, there are two major milestones that I must put on record.

First, in 2002 I came to a system deliverable dispute with a PLC in Bukit Tengah resulting the outstanding sum of payment worth RM180K not being paid. At the same period, a staff of mine whom I sent to Shanghai for a software development task had screwed up my project that worth RM100K. The incidents had seriously jeopardized the survival and business continuity of my company. With no other alternative, I was compelled to retrench all staffs and leave me alone for a period of three years. In 2004, I had managed to convince Universiti Sains Malaysia (USM) to collaborate on a “Localized Balanced Scorecard” software R&D project via one of the grants from MOSTI where I submitted 3 research elements; (1) the KPI content together with leading-lagging relationship for selected strategies in Malaysian context, (2) the introduction of Regression Analysis to validate the KPIs relationships defined, (3) the introduction of constraints into the methodology of Balanced Scorecard via the application of Simplex Algorithm in optimization computation. The representatives of USM were Professor Dato’ Daing Nasir (present Vice Chancellor of Universiti Malaysia Pahang) and Professor Dato’ Yuserrie Zainuddin, (present Deputy Vice Chancellor of Universiti Malaysia Pahang) where the team of MOSTI grant panel assessors consists of 3 professors form UTM, 1 professor from UM and 1 professor form UPM, of which present Deputy Vice Chancellor of UTM, Professor Dr. Rose Alinda was one of them. Resulted from such collaboration, I was invited by Dr. TW Sam of USAINS (the commercial arm of USM) to setup operation office in the campus of USM, rightly next to the office of USAINS, in 2006. This series of development had undoubtedly lifted our strategic presence in market battlefield.

Second, from 2009 to 2011 I was engaged by MIMOS, Malaysia’s national ICT arm, as a consultant to one of its national projects on manufacturing-based supply chain solution. This engagement subsequently opened up doors for me to liaise with a number of government ministries and agencies for the sake of national interests. Such experiences have well served as an invaluable asset to further connecting with a few government bodies of the People’s Republic of China where I can contribute my know-hows and play a very small role in its world famous initiative known as Made in China 2025, a Chinese version of Industry 4.0 to propel smart manufacturing ecosystem transformation. This has undoubtedly reinforced our presence in the China’s market and thus gained eye-opening experiences in the-state-of-the-art technologies which hardly can find in Malaysia.

Be that as it may, 17 years of development journey is not short. I am not sure if I can have another 17 years, but what I can pretty sure is that, as far as I am still here, I shall continue doing the best although knowing that my personal capability is of tiny.

May I request the God to guide me continue to be courageous, persistent and tapping into opportunities come before me.

Monday, 19 September 2016

《天涯咫尺》-- 写在爸爸的百日祭









Wednesday, 23 March 2016

A Helpless Self-mumbling

The widespread fake TIME cover page photo over Facebook in the couple of days has prompted me to pen down some thoughts.

[My Question]: Is corruption the major factor contributing to the decline of Malaysia’s competition in global battlefield?

I am afraid that it is not. One theory has suggested that the development of Malaysia has stopped or has only made very little progress since Anwar was sacked as DPM in 1998. The political chaos has since then never taken a pause, and thus the agendas towards economic and industrial development have not received adequate attention and the energy of Rakyat has focused on political episodes and solidarity instead of endeavouring towards national buildings.

18-year has elapsed, and yet we are still unable to jump out from this unpleasant eddy. A period of 18 years is more than enough to distort our positive attitude to a mind-set of accusation, blaming, short-sighted, and rigidity. Nationalism has lost its purity because it has been injected with politically toxic substance.        

One material fact that we must take into account is:

While we admire the economic and industrial development of the People’s Republic of China has been exponentially progressed, we are equally aware of the extent of corruption in China is perhaps worse than Malaysia. But then, how come China’s economic, industrial and technological development can take the speed of rocket launching? Shouldn’t be some other driving forces to propel towards such great and historic achievements?    

Comparing the two countries; Malaysia and China, I would make a simple conclusion that, despite corruption is a phenomenon that we hate to see and feel, neither is it a sole nor major obstacle towards national economic and industry development. The outstanding achievement of the People’s Republic of China is self-explanatory.   

Monday, 12 October 2015

视野决定格局,心智决定方向:函达 张守江律师有关董总争纷的立言、立论



您回应郑自勉的文章,被众多叶邹派粉丝张贴在面墙,我亦被Alan Ong Yeow  Fooi加标签,置入性行销,有幸拜读。长文洋洋洒洒约4千余字,却尽失中肯,尽显偏颇。晚辈趁周日闲暇,特修函一封,表述您的错误立言、立论。

【1】       前辈引援60年代华校面临改制时刻,二分之三华校校董诸公接受改制,并以今日独中的成就,企图佐证人多不一定对,以驳斥“少数服从多数,没有例外”的铁律。
【2】       这是一项明显的错误援引;60年代华校面临改制的投票,是完全不具备约束力的,投票过后,各自为政,然而董总作为一个法人实体,会员、中委、常委的投票,完全是具备法律约束力的。
【3】       您的引述,唤起我曾经阅读过的哲学史,仿佛是把苏格拉底和柏拉图时代的马其顿、雅典城邦松散结构现象,强套入拥有严格法律体系的当代新加坡,意图佐证新加坡的不合理、不明智。这种鱼目混珠的行文用句,不可取!
【4】       就是叶邹刚愎自用,不愿意贯彻“少数服从多数,没有例外”铁律,董总才会闹得如此狼狈不堪,难道这就是前辈观念下的“对”?!
【5】       叶邹固然有个人的权益(Right)去坚持自己所为的“对”,但是却实实在在损害了华教的利益(Interest)。也许绝大走夫贩卒无法区分“权益”和“利益”,学法的人必须要时时刻刻将两者区分。
【6】       再者,您伙同一些华教左胶将60年代的改制,视为一种万恶政策,是极其腐朽及劣质的意识形态。晚辈是道道地地改制下的国中生,对华文水平从白话文到文言文再到意象文掌握能力、中华人文荟萃、中国古代与现代史乃至台海两岸史迹等,自认不逊于独中生。为什么华教左胶们会认为独中生彰显Chineseness,而国中生不能?这是意淫了Chineseness!(按:我曾经在STPM时期进入某独中,不久便和教授历史科的印裔班主任发生冲突,走过自我流放,直至离校毕业,坚定弃拿离校证和毕业证书至今,直至308前一晚和江南大叔演出,两次踏入该独中校园。)

任期为4”(Shall be for four years
【7】       您引述董总章程5A.9条中“任期为4”,并将之翻译为 Shall be for four years是严重错误的。按照一般法律的诠释,Shall具备Mandatory(依法强制性的)的意义。您把原本的“为”字,翻译为Shall,是企图让人以为是Mandatory,为叶邹坚持不下台寻求一项牵强的理由。
【8】       董总章程一共出现了25次的【须】字眼,为什么5A.9条中出现的是【为】字眼,而不是【须】?
【9】       在中文修辞,“须”、“需”、“理应”、“应该”等,有不同的内涵与意义,这和英文的修辞:Shall/MustNeedOughtShould等雷同。董总章程5A.9条中“任期为4”里的【为】究竟应该怎么解读和翻译呢?按我国联合邦宪法赋予结社自由的精神,【为】应该翻译为Ought,而不是Shall。这意味着,“理应”是4年,而不是“必须”4年。
【10】   事实上,高庭法官已经裁决,中央委员和中央常务委员不享有4年的“必须”任期,并谕令叶新田纳入“解散中央委员会和中央常务委员会”议程,并召开会议。该名高庭法官也驳回了叶新田申请暂执行庭令的申请,这可看出该名高庭法官是多么不齿叶新田的作为。您这又何苦为叶邹粉饰恶行呢?
【11】   是故,从高庭的判决来看,高庭否决了您将【为】翻译成Shall的语义。
【12】   即使是Shall,法官也可以基于“自然公正”和“衡平法”原则,行使酌处权给予否决。

【13】   您援引的3宗先例,乍看之下仿佛颇具说服力。
【14】   6年前,我参加仲裁官培训班时,有一讲师(没记错的话,是目前吉隆坡区域仲裁中心,KLRCA,总监Datuk Professor Sundra Rajoo)提出这么一道问题:我国是个习惯法国度,有先例(Precedent)作为审判裁决参考,那么一名仲裁官在审理案件时,究竟是先行分析事实,选择适用法律,有了腹稿,再搜寻适用先例,还是先以先例作为指引,再分析事实,选择适用法律?
【15】   学员们与讲师互动讨论的结果是前者,即:搜寻适用先例是在分析事实,选择适用法律,有了腹稿之后。理由计有:没有两个案子是一模一样的、先例是配角,不是主角、即使先例类似,Subject Matter也可以不同、即使Subject Matter类似,引发争议的过程和程序也可以不同、在诉讼程序里,先例是在诉讼最后阶段提呈,不是在先前阶段。
【16】   由是观之,您简略形容的3宗先例,对思维慎密且具备法学素养的读者,并没有太大的影响力。然而对叶邹“衣带渐宽终不悔,蜡炬成灰泪始干”的粉丝群,就如捡到宝。
【17】   您必须坦然告诉叶邹粉丝们,在叶邹诉讼案件中,高庭法官已经否决了这些先例,不然也不会裁决叶新田败诉。

【18】   随着高庭于611日的裁决,指明道姓哪25名人士可以在614日的中委会议开会,610日的中委会议就即刻被否决。
【19】   叶邹从来就不曾针对610日的中委会议,入禀法庭申请。叶邹是针对614日的中委会议入禀诉讼。
【20】   您抓住610日的中委会议猛打,我觉得您打错方向了,要打就打614日的中委会议,而不是610日的。当然,在操弄叶邹粉丝情绪考量下,这的确会掀起他们的悲情愤慨,但是这不应该是一名学法的人士所为的。

【21】   在回答“关中是否独中”的问题时,您必须先行规范、界定“独中”的内涵。然而,按当下有效的《1996年教育法令》,并没有对“独中”作出规范、界定。“独中”一词,肯定不具备法理基础,仅是方便人们沟通的特定畴。
【22】   您固然可以回溯到马哈迪时期的政治方案,并争论其延续性和有效性,然而1997628日董总发布的官方文告具体指出,独中之所以能够生存下来,是当局没有严格执行1996年教育法令》第17条(1)项。我出示当时的官方文告(原文摘录自:如下:











【23】   时任董总法律顾问杨培根律师于2009311日撰文《1996年教育法令问答录》中,也作出相同的阐述。我出示当时的《杨文》(原文摘录自:如下:




(1) “国语必须成为国家教育制度内所有教育机构的主要教学媒介……除非得到教育部长的豁免。”(17(1))(注:国家教育制度内的教育机构包括私立学校,独中等)


(2) 另一项条文规定:“每一间学校必须为学生准备参加政府考试,除非获得豁免。”(第1974条)


【24】   按大将出版社社长傅承德的撰文,60所独中各师其政,统考属于自由选项,有者更非常偏向A Level和国外大学课程联盟,行政用语也不是全是中文等等有违《独中教学纲领》的指导。若然,为什么这些独中依旧归入60所独中行列?
【25】   由是观之,当您申论“关中不是独中”时,您就必须阐明独中的属性和本质,不然您的申论是空乏的、煽情的、扭曲的、偏颇的!

【26】   您言之凿凿,引经据典试图建立“关中不可报考统考,统考只局限在60所独中”的法理依据,尽管可以迷惑部分人士,但是更多人士十分不认同乃至唾弃您的立场、立言、立论。
【27】   一言以蔽之,既然您等如此坚信“统考只局限于60所独中的法理依据”,晚辈请您说服叶邹去函教育总监,作出以下具体询问:
            27.1.            按照《1996年教育法令》,在没获得考试局发出的准证情况下,董教总是否可以主办统考?
            27.2.                     27.1的答案是肯定的,按照《1996年教育法令》,报考统考的学生是否仅局限以下60所独中?(提供60所独中列表)
【28】   设若叶邹能够获得教育总监回函,具体给予以下答复,而不是“知悉”的用词:
            28.1.                     是的,按照《1996年教育法令》,在没获得考试局发出的准证情况下,董教总是可以主办统考。
            28.2.                     是的,按照《1996年教育法令》,报考统考的学生仅局限以下60所独中。
【29】   设若叶邹无法获得以上具体回复,或仅是含蓄的“知悉”回复,或拒绝去函询问,请坦诚承认本身的判断失误,即刻给予纠正。
【30】   统考的问题必须回到务实层面,在现有的灰色地带追求突破,您等实在不宜继续扭曲事实,操弄华社情绪。

【31】   未知您是否察觉,叶邹粉丝群在面书上的言论表述,尽显流氓地滚痞子风格?您作为这一群体的重要智囊与思维导师,具有不可推卸的责任与义务,当对这些流氓地滚痞子风格的言论表述,当头棒喝,加以制止。
【32】   即使社交媒体不能成为启发民智的平台,也不应沦为藉由流氓地滚痞子风格的言论表述,加速社群失序的推手。
【33】   是以,恳请您协助匡正社媒网络歪风!

顺祝      大安!

晚生      林德瀚


Monday, 31 August 2015

Translate the Momentum of Bersih 4 into a Wave of National Building: A Bersih+ Illusion

The Bersih 4 Rally has taken a bow. Its cumulated momentum is evidentially overwhelming. Without taking into account of the ethnicity composite, if such a big momentum could be translated into a wave of national building with consistent amplification, the outcome would be profound and tremendous.

National building, by its very virtue, goes beyond a narrowly defined political reformation and corruption extinguishment. Public sentiments could be easily arisen and manipulated by skilled politicians in their favours and advantages. Hence, I rule out political wills of stakeholders in this context of national building, and urge to redirect our thoughts towards a more viable, secure and economical avenue.

The rise of China as a strong power in just 30 years is undeniable. China is very good in formulating propagandas and injecting contextual discourse into them. Among other, I vividly recall one is “Rescue Country Using Technology(科技救国 in Chinese languageand this propaganda subsequently was translated into a series of real actions and supported by whole citizens of China.

Today, the 4th wave of Industrial Revolution, which generally termed Industry 4.0, is emerging at its infancy stage. The fast-moving countries have formulated a series of policies and technological preparations to confront the advent of the 4th wave of Industrial Revolution. To name a few:

  • Industry 4.0 - (Germany)
  • Smart Manufacturing Leadership Coalition - (U.S.A)
  • China Manufacturing 2025 - (China)
  • Industrial Value Chain Initiative – (Japan)
  • Manufacturing Innovation 3.0 – (South Korea)
  • Smart Industry – (Dutch)
  • Industry+Education+Society 4.0 – (Mexico)
  • Industria 4.0 – (Spain)
  • Smart Production / Service 4.0 – (Austria)
  • New Industrial France – (France)

To make a drastic improvement and to regain a pride of being called Malaysian, Malaysia must not lag behind again in the race of the 4th wave of Industrial Revolution, no matter what political atmosphere and inefficiencies of government machineries for both BN and PR. It is simply an act of lacking self-motivation to advance our footprints, regardless of whatsoever obstacles and barriers, if we easily accuse to others in various cheap ways. The prerequisite for a country to be strong, the Rakyat must be strong in the first place, but not strong in accusing others cheaply. But, too often, our Rakyat exhibits Notorious Trait in the Name of Smartness, and I hope our Rakyat could remove such notorious traits soonest possible and replace with proactiveness and self-enhancement.

A clean politic (I doubt if a clean politic subsists in any human society, past, present and future.) does not automatically envision and naturally enable a strong country. A strong country is largely driven by how well the technological adoption and deployment could align with socioeconomic development and transformation, and thus generate prosperity along a complex nexus of value chain.

Technology can better political atmosphere and industrial performance. Instead of adopting old-fashion demands through rallies, why don’t we deliberate and endeavour technological innovation to pursue our aspiration of similar objectives?

During the 1st and 2nd Industrial Revolution, we were at Dutch and British colonies era respectively. When it came to the 3rd Industrial Revolution, although Malaysia has made significant progress, its sustainability of competitiveness remains to be questionable, doubtful and a drop of confidence to move forward to confront the advent of the 4th wave of Industrial Revolution.

Now that, Malaysia has come to a T-junction of “Making a Quantum Leap” or “Business As Usual”. Whether one likes it or otherwise, the 4th wave of Industrial Revolution, commonly known as Industry 4.0, is in progress of making its reality. I invite those who wish to see a strong Malaysia, regardless taking part in Bersih 4 or otherwise, to join me endeavoring towards a better and stronger Malaysia.

In the era of Industry 4.0, one fashionable term is called Internet+, which carries the meaning of the application of Internet plus a specific economic sector such as Banking/Finance, Law, Logistic/Transportation, Manufacturing, Education, Leisure/Hospitality, Politic/Administrative, Medicine, Construction, Sport, and the like. To this end, I borrow without obtaining permission to use the word Bersih and repackage it into Bersih+ as an aspiration to translate the momentum of Bersih 4 into a wave of national building.     

Monday, 4 August 2014

Notorious Trait in the Name of Smartness: A Gentle Reminder on the Question of Malaysian Workforce for National Competitiveness

Certain quarters of Malaysian workforce exhibit a notorious trait: When a corporate decision of a MNC is still assessing which country should be tasked to new and/or transferred projects, these Malaysian workforces have swiftly started deliberating ways to pushing off the new and/or transferred projects to other countries. They defend that, why do more while salary remains the same?!

If my perceived observation and received feedback are of correct and precise, workforces from other alternate countries rarely display similar reaction and response to the extent that our workforces do. Conversely, they welcome with certain level of reluctance; despite that they may be aware of lacking required capabilities and resources.

Production/manufacturing professionals from Malaysia would surely acknowledge that, not too far ago of a decade to two, we travelled to China to transfer knowledge and skills to production plants in China, but we now travel to China to acquire their knowledge and skills before implement new methods, solutions, technologies in the production plants in Malaysia.

What has made this 180-degrees overturn?

It could, perhaps arguably, be largely attributed to the consequences reflected on the above mentioned notorious trait of certain quarters of Malaysian workforce. While the workforce in China is so hungry about skills and knowledge acquisition for self-enrichment and endeavoring to make a breakthrough; we, the workforce in Malaysia, are happily satisfied with our skillsets and knowledge level, and praying for higher pay with lesser job responsibilities. When being asked about the losing of national competitive advantage, we have got used to, without a second thought, pinpointing the degeneration of Malaysia’s competitiveness is directly resulted from and impacted by government corruption.

But, wait a minute!

Don’t you think that it is simply too cheap to make such pinpointing without self-examining our notorious trait? While we all have learned that attitude determines altitude, haven’t we too much compromised with this notorious trait in the name of smartness? If we have compromised this, should we regard ourselves as being still be in possession of moral standing to pinpointing the losing of competitive advantage resulted from and impacted by government corruption? Do we think those Mat Saleh from top management of MNCs are stupid enough and unaware of our notorious trait? What could the notorious trait impact to the subsequent corporate decisions when it comes to the stage of determining employment layoffs and plant facilities shutdown?

The late internationally renowned management guru, Pater Drucker, advocates in a few occasions appeared in his papers that, the national competitiveness is measured by how competitive the enterprises (companies) in that country, whereas the competitiveness of the enterprises (companies) must be embodied by their workforces. Accordingly, Drucker has established a sound correlation between national competitiveness and workforces via the moderator known as enterprises (companies). The function of the moderator in this context, nonetheless, has been gravely frustrated and unfortunately obstructed since the notorious trait has becomes a norm to organizational culture of enterprises (companies) in the name of smartness, and thus the national competitiveness remains strangling when we are still so much dependent to FDI.     

It is indisputable that the journey ahead of Malaysian competitiveness is still full of sorrow and grief if we keep failing to examine our self in the context of Malaysia's talent development. Too often, we hear about the issue of talent shortage is very serious in Malaysia, but I am unsure about its root cause as to whether such shortage is referring to technical incompetency or poor attitudes towards job passions and cultures. If it is meant to the former, the situation is not too bad in considering that technical competency could be relatively easy to be boosted and uplifted. But if it is unfortunately meant to the later, we really have to study what have catalyzed our working attitude to this extent of notorious trait in the name of smartness!