Thursday, September 18, 2008

MORGAN STANLEY - ERA OF SURVIVAL

NEW YORK - Wall Street entered into another round of speed dating, with bankers representing Morgan Stanley and Washington Mutual scrambling to put together deals in the biggest realignment of the financial industry since the 1930s.

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Once vaunted investment banks like Bear Stearns, Merrill Lynch & Co. and Lehman Brothers Holdings Inc. have lost their independence or been toppled at a breath-taking pace. And for a time on Thursday, fears intensified that the spreading credit crisis threatened to drag down the remaining global financial institutions and Main Street banks alike.

Shares of financial stocks initially plunged, then recovered as part of a dramatic afternoon reversal for most stock indexes after CNBC reported that Treasury Secretary Hank Paulson might back the creation of a new Resolution Trust Corp. to soak up bad loans and defaulted mortgages, their shares reversed course. The RTC was created by the government during the savings and loan crisis of the 1980s.

Treasury officials declined comment about whether that report was accurate.

Morgan Stanley slumped more than 46 percent in early trading as investors fretted about its ability to quickly find a buyer or cash infusion from a foreign investor. Rival Goldman Sachs Group Inc. skidded 25 percent.

Morgan Stanley shares rallied to close up about 4 percent while Goldman Sach's stock was lower by almost 6 percent. And Washington Mutual Inc. shares soared more than 48 percent.

Sen. Charles Schumer, D-N.Y, put forth his own proposal, calling for the government to lend struggling banks money in exchange for an equity stake. In return, banks would back legislation allowing homeowners who have declared bankruptcy to renegotiate their mortgages in order to keep their homes. Schumer contends an RTC-like entity could find it difficult or impossible to sell off complex mortgage-related investments.

That might provide the lifeline needed to help prop up the ailing banks and investment banks, said Anthony Sabino, professor of law and business at St. John's University. He notes, however, that CEOs might still go ahead with deals they believe make sense.

"This is history repeating itself," he said. "The debacle of the S&L crisis created the RTC, and we are faced with a similar crisis because we didn't learn from history. This is yet another lifeline."

But the question is whether such a plan could be turned into reality soon enough to take the pressure off Morgan Stanley and Goldman Sachs to do deals.

"People are finally realizing that we are probably in the worst financial crisis since the Depression," said Alfred E. Goldman, chief market strategist for Wachovia Securities, a 49-year veteran of Wall Street. "We're in a period of excessive fear."

Recent market turmoil has heightened fears that investment banks, which rely heavily on short-term borrowing to finance their proprietary trading and lending businesses, need to find more stable sources of funds to ride out market volatility.

Some investors believe that the investment banks must combine with an institution that offers a stable base of bank deposits. That was one of the reasons Merrill Lynch agreed to be acquired by Bank of America Corp. earlier this week.

Economists including former Federal Reserve Chairman Alan Greenspan and investors like Wilbur Ross predict more banks will fail in a shakeout reminiscent of the Great Depression. After the stock market's crash in 1929, 9,000 institutions failed and $140 billion of deposits were wiped out in the following decade.

The government adopted policies to protect bank depositors since then and government agencies have already closed nearly a dozen insolvent banks while making provisions to reopen them under new ownership in recent months.

Global banks and brokerages have written down more than $350 billion of distressed investments since the crisis began last year, and now bankers are looking to avoid becoming another statistic.

Morgan Stanley, the No. 2 U.S. investment bank, is in talks with a number of potential suitors and investors to help it survive, according to people familiar with the situation who asked not to be identified by name because the discussions were still ongoing.

John J. Mack, chief executive of the 73-year-old securities firm, on Thursday told the company's 48,000 employees in a townhall meeting that he's doing everything possible to keep the embattled bank afloat. Mack, a day earlier, said his bank was "in the midst of a market controlled by fear and rumors."

He made a round of telephone calls late Wednesday to strike a deal or raise cash in a bid to calm investors and prevent more damage to Morgan Stanley's free-falling shares, these people said. The stock has plunged about 76 percent this past week, and the market remains worried that the company faces collapse if Mack fails to secure some kind of arrangement.

Morgan Stanley has opened up talks on a number of fronts. Discussions are taking place with deep-pocketed investors such as China's sovereign wealth fund and state-owned bank Citic Group, and the Singapore Investment Fund about a possible cash infusion, people familiar with the discussions said.

There are also advanced negotiations with executives from retail bank Wachovia Corp., one person said. Other suitors could include big global banks such as Britain's HSBC Holdings PLC and Germany's Deutsche Bank.

Wachovia declined to comment about a potential deal. Spokesmen for GIC and Citic could not immediately be reached for comment.

Meanwhile, Seattle-based Washington Mutual, which has lost billions and seen its shares plummet due to subprime mortgage exposure, has hired Goldman Sachs to contact potential bidders — a list that so far includes Wells Fargo & Co., JP Morgan Chase & Co. and HSBC.

And in London, Britain's Lloyds TSB Lloyds TSB announced a $21.85-billion deal to take over struggling HBOS PLC, Britain's biggest mortgage lender.

"This isn't just a U.S. problem, it is a global problem," Stu Schweitzer, JPMorgan Chase & Co.'s global markets strategist told the bank's institutional clients on a conference call this week. "The economy has its problems, the financial system has its problems, we can believe in Armageddon or believe that in the end, step by step and trial and error, the authorities will get it right."

The U.S. government, which helped organize an $85 billion bailout of insurer AIG on Tuesday, also sought to break the grip of worsening global credit crisis by pumping billions into financial markets in a concerted action with central banks of other countries. The Federal Reserve Bank of New York, in two operations, injected $55 billion into temporary reserves in the United States, a move aimed to help ease a strained financial system in danger of freezing up.

The move helped steady Wall Street after the previous session's massive rout. However, market participants still moved into safe assets such as gold and Treasury bills, a sign that they remain skittish during the most troubling period for the world's financial system in most investors' memory.

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FINANCIAL CRISIS - THE STORY

The financial crisis that began 13 months ago has entered a new, far more serious phase.

Lingering hopes that the damage could be contained to a handful of financial institutions that made bad bets on mortgages have evaporated. New fault lines are emerging beyond the original problem -- troubled subprime mortgages -- in areas like credit-default swaps, the credit insurance contracts sold by American International Group Inc. and others firms. There's also a growing sense of wariness about the health of trading partners.

More from WSJ.com:

• Morgan Stanley in Talks With Wachovia, Others

• Dow Falls 449.36 as AIG Rescue Rattles Investors

• Your Cash: How Safe Is Safe?

The consequences for companies and chief executives who tarry -- hoping for better times in which to raise capital, sell assets or acknowledge losses -- are now clear and brutal, as falling share prices and fearful lenders send troubled companies into ever-deeper holes. This weekend, such a realization led John Thain to sell the century-old Merrill Lynch & Co. to Bank of America Corp. Each episode seems to bring intervention by the government that is more extensive and expensive than the previous one, and carries greater risk of unintended consequences.

Expectations for a quick end to the crisis are fading fast. "I think it's going to last a lot longer than perhaps we would have anticipated," Anne Mulcahy, chief executive of Xerox Corp., said Wednesday.

"This has been the worst financial crisis since the Great Depression. There is no question about it," said Mark Gertler, a New York University economist who worked with fellow academic Ben Bernanke, now the Federal Reserve chairman, to explain how financial turmoil can infect the overall economy. "But at the same time we have the policy mechanisms in place fighting it, which is something we didn't have during the Great Depression."

Spreading Disease

The U.S. financial system resembles a patient in intensive care. The body is trying to fight off a disease that is spreading, and as it does so, the body convulses, settles for a time and then convulses again. The illness seems to be overwhelming the self-healing tendencies of markets. The doctors in charge are resorting to ever-more invasive treatment, and are now experimenting with remedies that have never before been applied. Fed Chairman Bernanke and Treasury Secretary Henry Paulson, walking into a hastily arranged meeting with congressional leaders Tuesday night to brief them on the government's unprecedented rescue of AIG, looked like exhausted surgeons delivering grim news to the family.

Fed and Treasury officials have identified the disease. It's called deleveraging, or the unwinding of debt. During the credit boom, financial institutions and American households took on too much debt. Between 2002 and 2006, household borrowing grew at an average annual rate of 11%, far outpacing overall economic growth. Borrowing by financial institutions grew by a 10% annualized rate. Now many of those borrowers can't pay back the loans, a problem that is exacerbated by the collapse in housing prices. They need to reduce their dependence on borrowed money, a painful and drawn-out process that can choke off credit and economic growth.

At least three things need to happen to bring the deleveraging process to an end, and they're hard to do at once. Financial institutions and others need to fess up to their mistakes by selling or writing down the value of distressed assets they bought with borrowed money. They need to pay off debt. Finally, they need to rebuild their capital cushions, which have been eroded by losses on those distressed assets.

But many of the distressed assets are hard to value and there are few if any buyers. Deleveraging also feeds on itself in a way that can create a downward spiral: Trying to sell assets pushes down the assets' prices, which makes them harder to sell and leads firms to try to sell more assets. That, in turn, suppresses these firms' share prices and makes it harder for them to sell new shares to raise capital. Mr. Bernanke, as an academic, dubbed this self-feeding loop a "financial accelerator."

"Many of the CEO types weren't willing...to take these losses, and say, 'I accept the fact that I'm selling these way below fundamental value,'" says Anil Kashyap, a University of Chicago Business School economics professor. "The ones that had the biggest exposure, they've all died."

Borrowing Slowdown

Deleveraging started with securities tied to subprime mortgages, where defaults started rising rapidly in 2006. But the deleveraging process has now spread well beyond, to commercial real estate and auto loans to the short-term commitments on which investment banks rely to fund themselves. In the first quarter, financial-sector borrowing slowed to a 5.1% growth rate, about half of the average from 2002 to 2007. Household borrowing has slowed even more, to a 3.5% pace.

Goldman Sachs Group Inc. economist Jan Hatzius estimates that in the past year, financial institutions around the world have already written down $408 billion worth of assets and raised $367 billion worth of capital.

But that doesn't appear to be enough. Every time financial firms and investors suggest that they've written assets down enough and raised enough new capital, a new wave of selling triggers a reevaluation, propelling the crisis into new territory. Residential mortgage losses alone could hit $636 billion by 2012, Goldman estimates, triggering widespread retrenchment in bank lending. That could shave 1.8 percentage points a year off economic growth in 2008 and 2009 -- the equivalent of $250 billion in lost goods and services each year.

"This is a deleveraging like nothing we've ever seen before," said Robert Glauber, now a professor of Harvard's government and law schools who came to the Washington in 1989 to help organize the savings and loan cleanup of the early 1990s. "The S&L losses to the government were small compared to this."

Hedge funds could be among the next problem areas. Many rely on borrowed money to amplify their returns. With banks under pressure, many hedge funds are less able to borrow this money now, pressuring returns. Meanwhile, there are growing indications that fewer investors are shifting into hedge funds while others are pulling out. Fund investors are dealing with their own problems: Many have taken out loans to make their investments and are finding it more difficult now to borrow.

That all makes it likely that more hedge funds will shutter in the months ahead, forcing them to sell their investments, further weighing on the market.

History of Trauma

Debt-driven financial traumas have a long history, from the Great Depression to the S&L crisis to the Asian financial crisis of the late 1990s. Neither economists nor policymakers has easy solutions. Cutting interest rates and writing stimulus checks to families can help -- and may have prevented or delayed a deep recession. But, at least in this instance, they don't suffice.

In such circumstances, governments almost invariably experiment with solutions with varying degrees of success. Franklin Delano Roosevelt unleashed an alphabet soup of new agencies and a host of new regulations in the aftermath of the market crash of 1929. In the 1990s, Japan embarked on a decade of often-wasteful government spending to counter the aftereffects of a bursting bubble. President George H.W. Bush and Congress created the Resolution Trust Corp. to take and sell the assets of failed thrifts. Hong Kong's free-market government went on a massive stock-buying spree in 1998, buying up shares of every company listed in the benchmark Hang Seng index. It ended up packaging them into an exchange-traded fund and making money.

Today, Mr. Bernanke is taking out his playbook, said NYU economist Mr. Gertler, "and rewriting it as we go."

Merrill Lynch & Co.'s emergency sale to Bank of America Corp. last weekend was an example of the perniciousness and unpredictability of deleveraging. In the past year, Merrill has hired a new chief executive, written off $41.4 billion in assets and raised $21 billion in equity capital.

But Merrill couldn't keep up. The more it raised, the more it was forced to write off. When Merrill CEO John Thain attended a meeting with the New York Fed and other Wall Street executives last week, he saw that Merrill was the next most vulnerable brokerage firm. "We watched Bear and Lehman. We knew we could be next," said one Merrill executive. Fearful that its lenders would shut the firm off, he sold to Bank of America.

This crisis is complicated by innovative financial instruments that Wall Street created and distributed. They're making it harder for officials and Wall Street executives to know where the next set of risks is hiding and also contributing to the crisis's spreading impact.

Swaps Game

The latest trouble spot is an area called credit-default swaps, which are private contracts that let firms trade bets on whether a borrower is going to default. When a default occurs, one party pays off the other. The value of the swaps rise and fall as market reassesses the risk that a company won't be able to honor its obligations. Firms use these instruments both as insurance -- to hedge their exposures to risk -- and to wager on the health of other companies. There are now credit-default swaps on more than $62 trillion in debt, up from about $144 billion a decade ago.

One of the big new players in the swaps game was AIG, the world's largest insurer and a major seller of credit-default swaps to financial institutions and companies. When the credit markets were booming, many firms bought these instruments from AIG, believing the insurance giant's strong credit ratings and large balance sheet could provide a shield against bond and loan defaults. AIG believed the risk of default was low on many securities it insured.

As of June 30, an AIG unit had written credit-default swaps on more than $446 billion in credit assets, including mortgage securities, corporate loans and complex structured products. Last year, when rising subprime-mortgage delinquencies damaged the value of many securities AIG had insured, the firm was forced to book large write-downs on its derivative positions. That spooked investors, who reacted by dumping its shares, making it harder for AIG to raise the capital it increasingly needed.

Credit default swaps "didn't cause the problem, but they certainly exacerbated the financial crisis," says Leslie Rahl, president of Capital Market Risk Advisors, a consulting firm in New York. The sheer volumes of outstanding CDS contracts -- and the fact that they trade directly between institutions, without centralized clearing -- intertwined the fates of many large banks and brokerages.

Few financial crises have been sorted out in modern times without massive government intervention. Increasingly, officials are coming to the conclusion that even more might be needed. A big problem: The Fed can and has provided short-term money to sound, but struggling, institutions that are out of favor. It can, and has, reduced the interest rates it influences to attempt to reduce borrowing costs through the economy and encourage investment and spending.

But it is ill-equipped to provide the capital that financial institutions now desperately need to shore up their finances and expand lending.

More from Yahoo! Finance:

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Visit the Banking & Budgeting Center

Resolution Trust Scenario

In normal times, capital-starved companies usually can raise money on their own. In the current crisis, a number of big Wall Street firms, including Citigroup, have turned to sovereign wealth funds, the government-controlled pools of money.

But both on Wall Street and in Washington, there is increasing expectation that U.S. taxpayers will either take the bad assets off the hands of financial institutions so they can raise capital, or put taxpayer capital into the companies, as the Treasury has agreed to do with mortgage giants Fannie Mae and Freddie Mac.

One proposal was raised by Barney Frank, the Massachusetts Democrat who chairs the House Financial Services Committee. Rep. Frank is looking at whether to create an analog to the Resolution Trust Corp., which took assets from failed banks and thrifts and found buyers over several years.

"When you have a big loss in the marketplace, there are only three people that can take the loss -- the bondholders, the shareholders and the government," said William Seidman, who led the RTC from 1989 to 1991. "That's the dance we're seeing right now. Are we going to shove this loss into the hands of the taxpayers?"

The RTC seemed controversial and ambitious at the time. Any analog today would be even more complex. The RTC dispensed mostly of commercial real estate. Today's troubled assets are complex debt securities -- many of which include pieces of other instruments, which in turn include pieces of others, many steps removed from the actual mortgages or consumer loans on which they are based. Unraveling these strands will be tedious and getting at the underlying collateral, difficult.

In the early stages of this crisis, regulators saw that their rules didn't fit the rapidly changing financial system they were asked to oversee. Investment banks, at the core of the crisis, weren't as closely monitored by the Securities and Exchange Commission as commercial banks were by their regulators.

The government has a system to close failed banks, created after the Great Depression in part to avoid sudden runs by depositors. Now, runs happen in spheres regulators may not fully understand, such as the repurchase agreement, or repo, market, in which investment banks fund their day-to-day operations. And regulators have no process for handling the failure of an investment bank like Lehman Brothers Holdings Inc. Insurers like AIG aren't even federally regulated.

Regulators have all but promised that more banks will fail in the coming months. The Federal Deposit Insurance Corp. is drawing up a plan to raise the premiums it charges banks so that it can rebuild the fund it uses to back deposits. Examiners are tightening their leash on banks across the country.

Pleasant Mystery

One pleasant mystery is why the crisis hasn't hit the economy harder -- at least so far. "This financial crisis hasn't yet translated into fewer...companies starting up, less research and development, less marketing," Ivan Seidenberg, chief executive of Verizon Communications, said Wednesday. "We haven't seen that yet. I'm sure every company is keeping their eyes on it."

At 6.1%, the unemployment rate remains well below the peak of 7.8% in 1992, amid the S&L crisis.

In part, that's because government has reacted aggressively. The Fed's classic mistake that led to the Great Depression was that it tightened monetary policy when it should have eased. Mr. Bernanke didn't repeat that error. And Congress moved more swiftly to approve fiscal stimulus than most Washington veterans thought possible.

In part, the broader economy has held mostly steady because exports have been so strong at just the right moment, a reminder of the global economy's importance to the U.S. And in part, it's because the U.S. economy is demonstrating impressive resilience, as information technology allows executives to react more quickly to emerging problems and -- to the discomfort of workers -- companies are quicker to adjust wages, hiring and work hours when the economy softens.

But the risk remains that Wall Street's woes will spread to Main Street, as credit tightens for consumers and business. Already, U.S. auto makers have been forced to tighten the terms on their leasing programs, or abandon writing leases themselves altogether, because of problems in their finance units. Goldman Sachs economists' optimistic scenario is a couple years of mild recession or painfully slow economy growth.

Aaron Lucchetti, Mark Whitehouse, Gregory Zuckerman and Sudeep Reddy contributed to this article.

Write to Jon Hilsenrath at jon.hilsenrath@wsj.com, Serena Ng at serena.ng@wsj.com and Damian Paletta at damian.paletta@wsj.com

Copyrighted, Dow Jones & Company, Inc. All rights reserved.

DJI UP - US GOVERNMENT INTERFERENCE

Wall Street rallied in a stunning late-session turnaround Thursday, shooting higher and hurtling the Dow Jones industrials up 400 points following a report that the federal government might create an entity to absorb banks' bad debt. The report also cooled investors' fervor for safe investments like government debt that were in demand for much of the day.

MICHAEL GIBBONS - THANK YOU

Michael Gibbons sent me this note today:

“…you should know that I rarely (if ever) talk about the news. My view as a trader for 38 years is that market moves create the news, not that the news creates market moves. Therefore, to say that this news event caused the market to do thus and so- is absurd. No one knows why the markets do anything (although many traders with great hubris think they know), but it is a claim that cannot be epistemologically defended in my view. I have made immense trading profits for my clients and myself precisely because I do not listen to the news or any outside influences. I follow a 100% non-emotional and highly disciplined mechanical trading strategy. And finally, to make money trading, we need only to know that markets move- not why they move. All of my trading methods are primarily based on price because price is reality. Trends in motion will stay in motion until they reverse.”

Saturday, July 12, 2008

THE MALAYSIAN SOCIAL CONTRACT

1. Before there was Malaya and Malaysia the peninsular was known as Tanah Melayu, or Malay Land.

2. Saying this alone would result in accusations of being racist.

3. But I need to go back in history if I am going to be able to explain about Malaysia's social contract.
4. Through treaties signed by the Rulers of the Malay States of the Peninsular the British acquired the right to rule the Malay States. These treaties obviously recognised and legitimised the States as Malay States. No one disputed this. Even the aborigines accepted this as shown by their submission to the rule of the Malay Sultans.

5. Initially the peoples living in the States were divided into indigenous Malays and aborigines who were subjects of the Malay rulers and foreign guests who were not subjects of the rulers. There were no citizenship or documents about citizenship status as in most countries.

6. The foreign guests prospered in the British ruled Malay States and in the British colonies of Penang, Malacca and Singapore. The Malay subjects of the Rulers and the Rulers themselves did not feel threatened by the numbers of these non-Malays and the disparities between the general wealth and progress of the foreign guests and the subjects of the Rulers. They did not think that the foreigners who had settled in the country would ever demand citizenship rights.

7. When Japan conquered the Malay States and the colonies of the Straits Settlements, the Chinese felt insecure as the Japanese were their historical enemies.

8. Many Chinese formed and joined guerilla forces and disappeared into the jungle. When Japan surrendered the Chinese guerillas came out and seized many police stations in the interior and declared that they were the rulers of the country. They seized many people, Chinese and Malays and executed a number of them.

9. Malay villagers retaliated by killing the Chinese in the rural areas. Tension rose and a Sino-Malay war was only averted because of the arrival of British forces. But the ill feeling and animosity between the two races remained high.

10. It was in this tensed situation that the British proposed the Malayan Union which would give the "guests" the right of citizenship as indistinguishable from that of the Malays.

11. The Malays rejected the Malayan Union and its citizenship proposal. They forced the British to return to the status quo ante in a new Federation of Malaya.

12. Only Chinese who were British subjects in the colonies of the Straits Settlements were eligible to become citizens in this new Federation. Naturally the Malay citizens far outnumbered the Chinese Malayan citizens.

13. Chinese leaders appealed to the British, who then persuaded the UMNO President, Dato Onn Jaafar to propose to open UMNO to all races. This proposal was rejected by the other UMNO leaders and Dato Onn had to resign.

14. The British kept up the pressure for the Malays to be more liberal with citizenship for non-Malays.

15. Tunku Abdul Rahman, the President of UMNO decided on a coalition with MCA (Malaysian Chinese Association) and the MIC (Malaysian Indian Congress). In the 1955 elections to the Federal Legislative Assembly, since there were very few constituencies with Chinese or Indian majorities, the MCA and MIC partners had to put up candidates in Malay majority constituencies after UMNO undertook not to contest in these constituencies but to support MCA Chinese and MIC Indian candidates instead.

16. Such was the support of the Malays for the MCA and MIC alliance candidates that they won even against Malay candidates from PAS. The MCA and MIC candidates all won. Only UMNO lost one constituency against PAS.

17. The Tunku as Chief Minister of a self-governing Federation of Malaya then decided to go for independence. The British continued to inisist on citizenship rights for the Chinese and Indians as a condition for giving independence.

18. To overcome British resistance to independence and to gain the support of the Chinese and Indians, the Tunku decided to give one million citizenship to the two communities based purely on residence. One notable new citizen was (Tun) Leong Yew Koh, a former general in the Chinese National Army who was later appointed Governor of Malacca.

19. It was at this stage that the leaders of the three communal parties who had formed the Government of self-governing British Federation of Malaya, discussed and reached agreement on the relationship between the three communities in an independent Federation of Malaya.

20. It was to be a quid pro quo arrangement. In exchange for the one million citizenships the non-Malays must recognise the special position of the Malays as the indigenous people. Certain laws such as the pre-eminence of Islam as the state religion, the preservation of Malay reserve land, the position of the Malay Rulers and Malay customs and the distribution of Government jobs were included in the understanding.

21. On the question of national language it was agreed that Malay would be the national language. English should be the second language. The Chinese and Indians could continue to use their own languages but not in official communication.22. Chinese and Tamil primary schools can use their languages as teaching media. They can also be used in secondary schools but these have to be private schools.

23. For their part the Chinese and Indian leaders representing their parties and communities demanded that their citizenship should be a right which could not be annulled, that they should retain their language, religion and culture, that as citizens they should have political rights as accorded to all citizens.

24. Much of these agreements and understandings are reflected in the Federal Constitution of Independent Malaya. For everything that is accorded the Malays, there is always a provision for non-Malays. Few ever mention this fact. The only thing that attracts everyone's attention and made a subject of dispute is what is accorded the Malays and other indigenous people.

25. Thus although Malay is to be the National Language, Chinese and Tamil can be used freely and in the Chinese and Tamil schools. In no other country has there been a similar provision. Even the most liberal countries do not have this constitutional guarantee.

26. The national language is to be learnt by everyone so that Malayan citizens can communicate with each other everywhere.

27. It was understood also that the Chinese language referred in the understanding were the Chinese dialects spoken in Malaysia, not the national language of China. Similarly for Malayan Indians the language was Tamil, not Hindi or Urdu or whatever became the national language of India. However, the Chinese educationists later insisted that the Chinese language must be the national language of China i.e. Mandarin.

28. The official religion is Islam but other religions may be practised by their adherents without any restriction. As the official religion, Islam would receive Government support. Nothing was said about support for the other religions. The non-Malays did not press this point and the Federal Constitution does not mention Government support for the other religions. Nevertheless such support have been given.

29. A quota was fixed for the Malayan Civil Service wherein the Malays would get four posts for every one given to Chinese or Indians. However it was recognised that the professional post would be open to all races as it was never thought possible there would be enough Malays to take up these posts.

30. The result was that in the early years of independence there were more non-Malays in Division 1 than Malays.

31. The Agong or the Rulers of the States should determine quotas of scholarships and licences for Malays. But no one should be deprived of whatever permits or licences in order to give to Bumiputras.

32. The position of the Malay Rulers was entrenched and could not be challenged. There would be a Paramount Ruler chosen from among the nine Rulers who would serve for five years.

33. The rulers were to be constitutional rulers. Executive power was to be exercised by elected Menteris Besar, Ketua Menteri (Chief Minister) and Prime Minister, assisted by members of councils and cabinets. The British practice was to be the model.

34. The most important understanding was the adoption of Parliamentary Democracy with a Constitutional Monarch, again after the United Kingdom model. It should be remembered that the British imposed an authoritarian colonial Government on the Malay State, the power resting with the Colonial Office in London.

35. Before these the Malay States were feudal with the Malay Rulers enjoying near absolute power. Only the elites played a role in State politics. The Malay subjects had no political rights at all. Certainly the guests had no say in politics. Even the Chinese and Indian British citizens had no say though they may be appointed as Municipal or Legislative Councillors.

36. The decision to adopt a democratic system of Government was a radical step in the governance of the Federation of Malaya and of the Malay States. This was agreed to by the leaders of the three major communities as represented by their political parties i.e. UMNO, MCA and MIC. There can be no doubt that these parties represented the vast majority of the three communities in Malaya. The Communists and the other leftists did not signify their agreement to the understanding.

37. The Reid Commission was briefed on all these agreements and understanding so that they will be reflected in the Constitution to be drawn up. All the three parties approved this Constitution after several amendments were made. In effect the Constitution became a contract binding on all the three communities in the Federation of Malaya upon attaining independence in 1957.

38. When Sabah and Sarawak joined the Peninsular States to form Malaysia the social contract was extended to the two Borneo States. The natives of Sabah and Sarawak were given the same status as the Malays. At this time the word Bumiputra was introduced to distinguish the indigenous Malays and Sabah, Sarawak natives from those descendants of foreign immigrants. Because Malay was widely used in the Borneo States there was no difficulty in the acceptance of Malay as the national language. The fact that the natives of the two states are not all Muslims necessitated no change in the Constitution once the word Bumiputra was accepted. But the official definition of a Malay remained.

39. The embodiment of the social contract is therefore the Constitution of first, the Federation of Malaya and then Malaysia.

40. To say it does not exist is to deny the contents of the Constitution which was based upon the acceptance by the leaders of the three communities of the original social contract.

41. All subsequent actions by the Government were the results of this social contract. The fact that the initiators of this social contract and their successors were endorsed by the people in every election reflects the undertaking of the people to honour this social contract.

42. Saying that the social contract does not exist is like saying that Malaysia exists in a vacuum, without a Constitution and laws based on this Constitution.

43. Implementing the social contract requires understanding of its spirit as much as the letter. The social contract is aimed at creating a multi-racial nation that is stable and harmonious. Any factor which would cause instability and result in confrontation between the races must be regarded as incompatible with the spirit of the social contract.

44. For 50 years no one seriously questioned the social contract. Even today the majority of Chinese and Indians and the indigenous Malays and natives of Sabah and Sarawak accept the social contract. But because Dato Seri Abdullah Ahmad Badawi basically lost the 2008 election and now heads a weak Government the extremists and erstwhile detractors have questioned the social contract.

The Bar Council has now become a political party believing that its expertise in law will exempt it from being questioned as to its credentials and its political objectives.45.

Abdullah's UMNO is incapable of countering any attack on the social contract. If anything untoward happens Abdullah and UMNO must bear responsibility.

Dr Mahathir Mohammad
*****

Saturday, July 5, 2008

French banking watchdog fines Societe Generale for failing to spot unauthorized trades

PARIS (AP) - France's central bank announced Friday that it has fined Societe Generale euro4 million (US$6.3 million) for "serious shortcomings'' in its internal controls that led to nearly euro5 billion (US$7.8 billion) in trading losses announced earlier this year.
The Bank of France's banking commission also issued a formal warning to SocGen, France's second-biggest bank, saying shortcomings in "hierarchical controls'' for extended periods in 2007 fueled the problem.
Societe Generale officials in Paris declined to comment on the decision, made Thursday but announced Friday on the Bank of France Web site.
The commission's ruling noted "significant weaknesses'' in Societe Generale's computer security systems and said that traders and those meant to monitor them were not sufficiently independent of each other. It noted, however, the bank's quick efforts to rectify control failures after the losses were discovered.
Societe Generale has accused futures trader Jerome Kerviel of betting tens of billions of the bank's money without permission, which led to massive losses announced in January. Investigating judges have filed preliminary charges against Kerviel for forgery, breach of trust and unauthorized computer use.
Kerviel is free while the investigation continues and is working in a new job as a computer consultant. His lawyer says his supervisors were aware of his trades and did not stop them while he was making money for the bank.
Two reports issued in May showed that Societe Generale managers had ignored repeated warnings about Kerviel's activities, and pointed to a culture of risk-taking at the bank. - AP

Desperate times force contractors to turn down government jobs

Desperate times force contractors to turn down government jobs