IN ITS inquiry into how public funds were used for the multi-billion ringgit Port Klang Free Zone (PKFZ) project, Parliament's Public Accounts Committee (PAC) summoned at least 15 people over three months to help it understand what happened that caused the project cost to balloon from RM2 billion to RM4.6 billion, including interest charges.
Among those called to testify were former transport ministers Tun Dr Ling Liong Sik and Tan Sri Chan Kong Choy, former Port Klang Authority general manager Datin Paduka OC Phang,
Attorney-General Tan Sri Gani Patail and former and serving senior government servants.
The PAC tabled its 26-page report in the Dewan Rakyat on Wednesday, plus a thick volume of verbatim minutes of the inquiry sessions.
theSun will publish a series of reports based on these closed-door sessions.
We kick off with Chan who issued three letters of support to secure private funding for the project and later got a RM4.5 billion soft loan from the government as the PKA was in no position to pay the instalments.
>> CHAN, who helmed Transport Ministry from July 1, 2003 to March 18, 2008, appeared before the PAC from 11am to 2pm on July 29, 2009.
He was unwell at that time, holding a week-long medical certificate from the Sungai Buloh Hospital, and at the beginning of the meeting he said he was having some hearing problems.
He came with his lawyer Wang Ming Way upon the advice of PAC chairman Datuk Seri Azmi Khalid. This is what he said on:
> The three letters of support issued in 2004, 2005 and 2006:
Chan repeatedly stressed and insisted the letters were meant to assist a credit rating agency in rating the bond to be raised by developer Kuala Dimensi Sdn Bhd (KDSB) to finance the PKFZ project.
"The letter was issued by the (Transport) minister to a rating agency because KDSB through a SPV (special purpose vehicle) will issue a bond to finance the PKFZ project," he said, reading from a reply given by former Deputy Finance Minister Datuk Dr Awang Adek Hussein in parliament.
Despite what auditors Pricewaterhouse Coopers (PwC) believed, Chan maintained they had no implied or expressed elements of guarantee, as there was a paragraph in the letters which said so and he has received a written advice from the Queen's Counsel on this.
However, despite suggestion by PAC that the letters were upon request by KDSB, Chan could not determine who requested for them as he said the request was brought to him by his senior private secretary, a Mr Leong.
Chan also could not say for sure where the letters were addressed to as initially, he thought they were for Rating Agency Malaysia Bhd (RAM) but later, PAC pointed out that they were address to the Malaysian Rating Corp Bhd (MARC).
Chan also did not realise there were two rating agencies in Malaysia and during the meeting, he got mixed-up between MARC and MRCB (Malaysian Resources Corp Bhd).
Azmi said the PAC would request for the Auditor-General's Department to check where the letters were sent to as it was found out that in the end, it was RAM who did the rating for the bond.
To a question from the PAC, Chan said he was in no position to explain the difference between a letter of support and letter of comfort and admitted he did not know his letters were different from those issued by previous minister Ling.

Tan Sri Chan Kong Choy
> Land acquisition:
Chan did not want to comment on whether he was aware the land for the PKFZ project was acquired by PKA from KDSB for RM25 per square foot despite original valuation at RM10 because it was made before his time.
> The government soft loan:
Chan said he agreed to help PKA in getting the loan when he realised the project was having problems in its later stage.
However, in the meeting, both Chan and PAC constantly quoted different figures for the loan, namely RM4.5 billion and RM4.6 billion interchangeably.
Chan said he was advised by PKA to estimate the loan at RM4.5 billion and PKA had told him that the loan would be paid back from the income PKFZ derives from its businesses.
Chan could not recall whether in 2003, it was raised during a cabinet meeting that the PKFZ project must be self-financing.
Chan also said he was not aware of the Treasury advice to raise funds by government bonds to pay for the project instead of paying via installment with an interest rate of 7.5% to the developer.
> Viability of PKFZ project
Chan said he had full confidence in the project, saying it was a good project which could bring a lot of benefits to the country, create 20,000 job opportunities for Malaysians and enhance Port Klang as one of the major ports in the world.
When PAC pointed out Chan "could have done better" to make the project viable as the ministry had lagged in its supervisory role because he trusted his officers to do their work diligently, Chan said the statement was unfair.
However, Chan admitted he was not aware of certain details as he did not get involved in most of the things he considered "operational matters".
> PKA’s capability to run business being a regulatory body Chan refused to comment whether PKA has the right skills or expertise to go into business as the decision was made by the cabinet before his time.
On whether he knew the competency level of the ministry officers appointed to sit in the PKFZ board, he said since he was not involved in operational matters, he took good faith in the regular briefings they gave him.
When pointed out that appointment of ministry officers should be the responsibility of minister and not an operational matter and they had displayed weak project governance and management, Chan refused to comment.
However, Chan insisted when he became aware of the problems in PKFZ, the ministry formed a task force – jointly chaired by him and ministry secretary-general - to find ways to move forward.
He also claimed he was not aware that Jebel Ali Free Zone International (Jafzi) had agreed to cooperate with PKA but refused to have KPI on the future targets, as claimed by Phang.
While agreeing with PAC that he did not micro manage the PKFZ project, Chan refused to comment whether PKA had deliberately misinformed or misled him in the process.
> KDSB’s capability
Chan could not recall when he was highlighted about the financial problems faced by KDSB despite PAC pointing out that the Auditor-General had repeatedly stated in its annual report they did not have the financial capability.
"At the later stage, yes. That's why I assisted them to get a soft loan from the government," he said when Azmi asked whether the ministry officers raised the matter with him.
"I can’t remember, but honestly, it is at a later stage,” he said when asked whether it was in 2004, 2005 or 2006.
Azmi said: "This reflected that at the ministry level, they should have done better than to wait for the last minute to advise the minister."
> Jafzi's participation in the project
Chan said Jafzi was involved as project adviser, and together with PKA, it had briefed him on the project in several meetings.
He said Jafzi also had a part when he requested for the soft loan as it has given him an understanding that RM4.6 billion was enough to fund for everything.

Tun Dr Ling Liong Sik
"Jebel Ali took several years to grow into its present size and PKFZ will take five years to have 80% occupancy. If according to that schedule, it will be enough for them to generate enough income to pay back the government,," he told the PAC based on the briefing from Jafzi.
Chan said Jafzi was also instrumental in recommending that because of economies of scale, development of the 1,000-acre land should be "done at one go".
"Jebel Ali started with about 20,000 or 40,000 acres at one go," he added.
He said he did not hesitate about developing 1,000 acres because "Jafzi has a very good reputation and a lot of success stories to tell".
When asked about the termination of Jafzi in July 2007, Chan said he understood it to be a withdrawal, not termination, as Jafzi had a change in policy whereby it only managed free trade zones which it has a stake in.
He admitted knowledge of the strained relationship between senior officers and personalities of both PKFZ and Jafzi but did not want to quote names.
He said after Jafzi's departure, the government took several measures to ensure PKFZ moved forward, namely by setting-up a one stop agency and enhancing promotions for the project.