Dud stock trade by senator’s daughter exposes Cambodian tax loophole

A Cambodian senator’s daughter gambled U.S. $8 million on the purchase of shares in an American medical technology company through a Singaporean broker – a transaction conveniently completed before the adoption of a double taxation treaty between Cambodia and Singapore – regulatory filings reviewed by RFA show. Had the investment worked out as planned, Lau Sok Huy expected returns in the realm of $50-60 million, and could have avoided up to $12 million in Cambodian taxes. But the investment flopped. Seven years after she became the second-largest shareholder in Tomi Environmental Solutions Inc, Sok Huy is down some $6.3 million and furious, according to the company’s founder and a fellow shareholder familiar with the deal who spoke with RFA. The investment – equivalent to more than 3,000 years of the average Cambodian salary – is one Sok Huy will likely have to write off as a loss. Tomi’s share price has dipped so low that it currently risks losing its listing on the Nasdaq Capital Market. But the structure and sequencing of the deal sheds a light on how well-to-do Cambodians stand to benefit from the double taxation agreement. Such agreements are viewed by advocates as a boon to trade and investment between nations, but they can also offer a way for wealthy investors to avoid taxes. Regulatory disclosures filed during Sok Huy’s acquisition of the Tomi shares strongly suggest the deal – in which she loaned the money to her broker who had purchased the shares, and then took the shares as repayment for the loan – was tailored to benefit from the double taxation agreement. The loan behind the deal was signed in January 2016, but was amended in May of the same year, just three days after the tax treaty was signed. Sok Huy’s politically connected background raises questions about whether it was appropriate for her to benefit from the agreement. Her father, Lau Ming Kan, is a longtime senator for the ruling Cambodian People’s Party, which has governed the country in one form or another for three decades. One of the final steps in any treaty becoming law in Cambodia – including the double-taxation agreement with Singapore – is ratification by the Senate where he sits. Sok Huy’s parents are also no strangers to investing in Singapore, a regional financial hub viewed by some as a tax haven. Her mother Choeung Sopheap, a confidante of Cambodian Prime Minister Hun Sen, holds $36.5 million in shares in a Singapore-based company that owns a Cambodian corporation with an exclusive license to import liquid natural gas to Cambodia. Those assets are among the more than $230 million in assets that RFA has identified as being held in Singapore by politically connected Cambodians. The DTA Double-taxation agreements, often referred to by the acronym DTAs, are designed to ensure that companies or individuals do not get taxed on the same profits twice when doing business overseas. When two countries sign a DTA, the hope is that it will promote trade and investment between both nations. This particular treaty appears to have paid off. By the end of last year, Singapore was Cambodia’s second-largest source of foreign investment, having barely figured in the rankings half a decade earlier. A business consultant with more than a decade’s experience in Phnom Penh told RFA they viewed the agreement as a net positive for Cambodia. “A DTA can help eliminate double taxation, and for investors coming into Cambodia, that’s fairly important. So, in that sense, they’re fairly useful, and also very widespread and standard around the world,” the consultant said, requesting anonymity due to the potential professional repercussions for speaking publicly on a sensitive topic. “Can the wealthy take advantage of them to reduce their tax bill as well? Absolutely,” the consultant added. “But they already have other means of doing so. So, of all the ‘sins’ here [in Cambodia], I wouldn’t see that as being a meaningful one.” That’s not an analysis everyone would agree with. In late 2016, the World Bank published a blog by two of its senior employees – Jim Brumby and Michael Keen – that asked whether tax treaties like DTAs are a “boost or bane for development” in lower-income countries, such as Cambodia. They were not convinced. “Developing countries have used them with the intention of boosting economic development. The evidence for that is weak,” Brumby and Keen wrote. “The problem is that tax treaties – and the international system of taxation more generally – are highly complex and have unleashed unforeseen consequences.” “Multinational companies, with much at stake, can use treaties to route income through third countries to exploit favorable tax treaties. Tax authorities, particularly in developing countries, are finding it hard to counter such ‘treaty shopping,’” Brumby and Keen added. Despite having assets and businesses in multiple countries, Sok Huy does not fit the traditional definition of a multinational company. But her family often behaves like one, as do many other powerful clans in Cambodia – negotiating sweetheart deals with the government that are unavailable to smaller businesses with less political clout and cash in the bank. If the Lau family’s lawyers and accountants have clocked on to the Singapore loophole, it seems likely the financial professionals advising Phnom Penh’s other leading families will have too. So how does it work? People pass by the Nasdaq Market Site in Times Square in New York City, U.S., Feb. 7, 2018. Credit: Reuters/Brendan McDermid The deal Between May and July 2015, Singaporean broker Boh Soon Lim snapped up $8 million of Tomi shares, then accounting for roughly 11% of the company, according to regulatory filings lodged with the Securities and Exchange Commission, the U.S. stock market regulator. He bought the shares in the name of Arise Asset Management Pte Ltd, a Singapore-registered company in which he is majority owner. In the SEC filings he described the money for the purchase as coming from Arise Asset Management’s working capital. The term refers to the total cash available to the firm…

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Targeted sanctions on arms sales key to ending violence in Myanmar: observers

Myanmar’s junta is using weapons purchased from abroad to commit “war crimes” against its people and must be targeted with new sanctions to end violence in the country, former military officers and political observers said Monday. On Friday, the United Nations human rights office in Geneva said in a report that countries should do more to prevent money and arms from reaching the junta, which rules through terror and repression. The office called for further isolation of the military regime, which it said had failed to govern effectively, suggesting U.N. members impose bans on arms sales and more narrowly defined sanctions to prevent its business network from gaining access to foreign currency. While the U.S., Britain, Canada and the EU have imposed sanctions on Myanmar since the military seized power in a February 2021 coup, several countries have continued to supply the junta with arms — most notably Russia, China and Serbia.  Speaking to RFA Burmese on Monday, former army Capt. Lin Htet Aung, who is now a member of the anti-junta Civil Disobedience Movement (CDM), said sanctions are key to cutting the junta off from the modern weapons and raw materials it needs to maintain its hold on power. “The military’s domestic production capacity cannot provide all the weapons it needs for the army,” he said. “Missiles and heavy weapons and their accessories, as well as ammunition used by its armed forces, are all imported from abroad. All these things, as well as raw materials, have to be purchased from foreign nations.” The CDM captain said the military will continue to commit human rights violations, including bombing attacks on towns and villages, if the international community fails to level effective sanctions. On June 18 last year, the U.N. General Assembly approved a proposal to ban arms exports to the Myanmar military. One hundred and nineteen countries voted in favor of the resolution, while 36 countries — including China, India and Russia — abstained. Russian ally Belarus voted against it. Myanmar junta chief Senior Gen. Min Aung Hlaing and his team inspect weapons and equipment at the Higher Military Command School in Novosibirsk, Russia, July 16, 2022. Credit: Myanmar military Ineffective sanctions Observers told RFA that the junta continues to obtain military equipment and technology via large domestic and international arms brokering companies. Hla Kyaw Zo, a Myanmar political analyst based in China, said sanctioning these companies would have a significant effect on ending the junta’s domination. “Western countries consider their own interests and big arms companies are more or less connected with the Western world, so this issue is difficult to discuss,” he said. “If the West blocks [these sales] effectively, it’ll be good, but I don’t think they will press on the issue.” According to a list compiled by NGO Justice For Myanmar, there are more than 150 companies selling arms to Myanmar’s military, 135 of which are based in Myanmar, Russia and Singapore. Yadana Maung, the group’s spokeswoman, told RFA that many companies have been able to evade Western sanctions, meaning financial and military support continues to flow to the junta. Thein Tun Oo, executive director of the Thayningha Strategic Studies Institute, which is made up of former military officers, said using human rights to justify sanctions against Myanmar is “weakening the defense of the country.” “All we have heard so far is the noise they’re making about human rights,” he said. “In reality, what we understand is that they are using that premise to allow those who are pulling the strings to obtain more power.” He said the junta will continue to purchase arms from its allies despite attempts to block them. Propping up a brutal regime In February, former U.S. Rep. Tom Andrews, who serves as U.N. special rapporteur on human rights in Myanmar, said in a report to the U.N. Security Council that countries should stop selling arms to the junta, citing a brutal crackdown on civilians since the coup. The report called out permanent Security Council members China and Russia, as well as India, Belarus, Ukraine, Israel, Serbia, Pakistan and South Korea, for selling the weapons, which Andrews said are almost certainly being used by the military to kill innocent people. However, analysts say it is unlikely that the sale of arms to the junta can be cut off completely as Russia and China, which are its main suppliers, wield veto power at the Security Council. In the meantime, junta chief Senior Gen. Min Aung Hlaing has visited Russia three times in the 19 months since the coup. During his last trip, earlier this month, he signed an agreement with Russian government officials to build a nuclear reactor factory in Myanmar. Translated by Khin Maung Nyane. Written in English by Joshua Lipes.

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Mortars fired from Myanmar side of border with Bangladesh kill Rohingya youth

At least one Rohingya youth was killed and several more young refugees were injured when two mortar shells reportedly fired from the Myanmar side fell and exploded in the no-man’s land along Bangladesh’s southeastern border Friday night, Bangladeshi police said. The youths were all refugees from a camp in the no-man’s land on the Myanmar-Bangladesh border, Additional Superintendent of Police (Sadar Circle) of Bandarban, Md. Reza Sarwar, told BenarNews. The incident occurred amid reports of intense fighting near the Myanmar side of the border lately between Burmese junta forces and rebels in neighboring Rakhine state. The police official said at least five injured Rohingya were admitted to local hospitals. The youth who died in the incident was identified as Mohammad Iqbal, 18, son of Matlab Hossain. The shells reportedly landed in an area that borders Bangladesh’s Bandarban district, Reza Sarwar added. A Rohingya resident from the area, Dil Mohammad, said the shells were fired around 8:30 p.m. Friday. Another resident Md. Kamal concurred. “Two mortar shells landed in no-man’s land at the time. And we were hearing sounds of shelling from afternoon to night. People are scared in the neighborhood,” he told BenarNews. Bangladeshi officials say more than 4,000 Rohingya refugees have been living in no-man’s land for the last five years since a brutal crackdown by the Myanmar military forced the ethnic minority to flee their homes in August 2017. Some 740,000 Rohingya crossed the frontier and took refuge in camps in Bangladesh’s Cox’s Bazar district.   Lt. Col. Faizur Rahman, director (operations) of the Border Guard Bangladesh, told reporters that the agency immediately lodged a protest about Friday’s incident with the Border Guard Police of Myanmar. This wasn’t the first time that the fighting between Arakan Army rebels and the Myanmar military in Myanmar had come close to the Bangladesh border. On Aug. 28, during heavy fighting in Myanmar’s border state of Rakhine, two mortar shells landed in the same area but did not go off. A similar incident also occurred on Aug. 20 as well. This month alone, Dhaka has protested and summoned Myanmar’s ambassador to Bangladesh three times to protest these incidents. Earlier this week, Bangladesh Home Minister Asaduzzaman Khan Kamal said the country’s border police had reinforced security along the frontier with Myanmar. Amid the tense situation inside Myanmar, a few new Rohingya families have arrived in Cox’s Bazar, where Bangladesh already hosts about one million refugees from Myanmar. One of the new arrivals told BenarNews on Sept. 10 that he saw “several hundred” people clustered along the Naf River that separates Cox’s Bazar from Rakhine state, and who were trying to cross the border several days earlier. It was not immediately clear what happened to those other people apparently displaced by intense clashes in recent weeks between junta forces and the Arakan Army. BenarNews is an RFA-affiliated news service.

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Six dead, thousands infected in Myanmar by new COVID-19 outbreak

At least six people have died and 2,457 have been infected in Myanmar since the start of the month amid an outbreak of a new omicron variant of COVID-19, the junta’s Ministry of Health announced Thursday. The ministry announced the numbers for the two weeks ending Sept. 14, noting that 384 infections and one death had been recorded on Wednesday alone. Charity groups told RFA Burmese that the ministry’s announcement was based only on the number of patients who were treated at junta-run hospitals, suggesting that the actual number of infections is much higher. A doctor who runs a private clinic in Myanmar’s commercial capital Yangon said that most patients who come seeking treatment exhibit signs of COVID-19, even if they aren’t being included in the junta’s official count of infections. “There are fewer people wearing masks these days. Many shops have reopened and more people are going to bars and cafes,” he said, speaking on condition of anonymity. “Additionally, many people who need cooking oil stand in long lines at charity centers without any regard to rules of social distancing, so COVID is making a comeback.” The doctor told RFA that because the genetics of the disease have changed with the new variant, symptoms such as loss of smell and low oxygen levels have become less obvious. “But the rate of infection is increasing,” he said. “When we perform tests on patients, we find it in nearly all of them.” He predicted that the number of infections will only increase in the country unless measures are put into place to prevent transmission. Yangon residents line up to buy palm oil for cooking, Aug. 26, 2022. Credit: RFA Other priorities A resident of Yangon, who also declined to be named, said that the junta’s mismanagement of the economy has left people more concerned with ensuring that they have enough food to eat than the risks associated with the disease. “People are not very careful about COVID at present. They are working hard to obtain their daily sustenance, so COVID is enjoying a resurgence,” he said. “Most people don’t even know they have the virus. They only find out they have it after getting tested. Low income laborers couldn’t care less about COVID, as their priority is finding enough food to eat.” The Yangon resident called the situation “critical” and suggested that, with the rising cost of medicine due to inflation, the outbreak’s toll is only likely to get worse. Myanmar was hit with a third wave of the coronavirus shortly after the military seized power in a February coup last year prompting the country’s workers – including its health professionals – to strike as part of a nationwide Civil Disobedience Movement. The shortage of doctors and nurses, as well as a dearth of medicine and equipment, allowed the disease to spread largely unchecked. This time around, said Khin Maung Tint, the chairman of a Mandalay-based social assistance association, organizations such as his were prepared, having stockpiled medicine and equipment in case of a new outbreak. “Our main challenge is the rise in petrol prices,” he said. “People are also enduring financial difficulties and so we are currently providing care for free in most cases.” However, he warned that without help from authorities to curb the outbreak, “we could run out of supplies, and that would be difficult for us.” Preventing transmission On Thursday, the junta’s Information Ministry announced to the media that mass infections had been recorded in several schools and workplaces. It said authorities are “working with relevant departments to enforce COVID prevention.” Some 80% of infections since the start of the year occurred in patients who had not received vaccinations, the ministry said. Attempts by RFA to contact junta Ministry of Health spokesperson Than Naing Soe for details on efforts to control the spread of the disease went unanswered Thursday. A CDM doctor, who asked to be identified by the name Olivia, urged the public to follow simple practices such as wearing masks, washing hands and adhering to social distancing guidelines, which she said would go a long way in helping to combat the outbreak in Myanmar. “Prices are rising fast — from basic foods to essential medicines,” she said. “If your health is affected, medical expenses will add a huge burden on your shoulders. So take care now more than ever — even twice as much as the last outbreak.” To date, 617,739 people have been infected with COVID-19 and 19,444 have died since the pandemic first spread throughout Myanmar in 2020, according to the Ministry of Health. More than 36 million of the country’s 54.4 million people have been vaccinated against the disease. Translated by Khin Maung Nyane. Written in English by Joshua Lipes.

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Newly arrived Rohingya refugees say hundreds want to leave Myanmar

Hundreds of people were waiting to cross into Bangladesh from Myanmar, a small group of newly arrived Rohingya told BenarNews, amid fierce fighting close to the border that has sparked diplomatic protests over reports of artillery and mortar shells landing in Bangladeshi territory.  One of the new arrivals said he saw “several hundred” people clustered along a river that separates Cox’s Bazar district in southeastern Bangladesh from Myanmar’s Rakhine state, and who were trying to cross the frontier several days ago. It was not immediately clear what happened to those other people apparently displaced by intense clashes in recent weeks between Burmese junta forces and Arakan Army (AA) rebels.  In Bangladesh, where the government has tightened security along the border amid the violence in Rakhine, authorities have not confirmed reports of any new refugee arrivals or influx into Cox’s Bazar.  Meanwhile, a Rohingya leader said that at least five Rohingya fleeing Myanmar had arrived at a Cox’s Bazar camp in recent days.  “Two Rohingya families of five people, including two infants, have taken shelter at the Lambasia camp in Ukhia,” Muhammed Jubair, secretary general of the Arakan Rohingya Society for Peace and Human Rights (ARSPH), told BenarNews.  The adults were identified as Abul Wafa, his wife, Minara, and another woman, Dildar Begum.  Wafa said they fled from Buthidaung in Myanmar on Sept. 6 as junta and AA forces clashed.  “The junta started torturing the Rohingya in Buthidaung,” he told BenarNews. “That’s why we came to Bangladesh to save our lives, but we are also hiding here.”  “When we were entering Bangladesh, we saw several hundred Rohingya people, mostly women and children waiting to leave near the Naf River,” Wafa said.  Two days earlier, on Sept. 4, the Foreign Ministry issued a news release expressing “deep concern” over mortars that reportedly landed on the Bangladeshi side of the frontier the day before. The release noted that Myanmar Ambassador U Aung Kyaw Moe was summoned regarding the incident, just as he had been summoned on Aug. 21 and 28.  “During the meeting, the ambassador was also told that such activities are of grave threat to the safety and security of the peace-loving people, violation of the border agreement between Bangladesh and Myanmar and contrary to the good neighborly relationship,” the ministry said.  On Tuesday, Home Minister Asaduzzaman Khan Kamal said he expected firing inside Myanmar along the border to end soon.  “We heard that a group called Arakan Army was fighting with the government forces inside Myanmar. When the government forces attack the Arakan Army, some shells land inside our territory,” he told reporters.  “Our Border Guard Bangladesh (BGB), as well as Foreign Ministry, have strongly protested the incidents by calling the ambassador of Myanmar.”  Refugees’ accounts  Jubair said Wafa and the others sheltered with a relative after arriving in Bangladesh before moving into another camp.  Wafa said his group gave a boatman a piece of gold jewelry to carry them across the Naf River because they had no money to pay him.  Dildar Begum, 22, said her husband, Syed Ullah, was killed by the “Mogh army” a month ago. She was referring to the Arakan Army although “Mogh” is a term that Rohingya also often use to refer to the Burmese military.  “I fled with Wafa’s family to Bangladesh as there was no other option for me,” she told BenarNews.  In Rakhine state, an official with the AA rebels denied that the group was targeting members of the stateless Rohingya Muslim minority.  “The allegations on AA targeting Muslims are not just wrong but baseless accusations, because the fighting [in the state between Arakan Army and junta troops] has been more than a month,” Khine Thu Kha, a spokesman for the rebel group, told RFA Burmese. “We want to question back, did you guys see or hear any report of a Muslim killed or injured by the fighting? Did you hear any report or see anyone saying there was a shell or a bullet from AA falling in a Muslim village so far? Otherwise, it is just an accusation with other intentions to defame our organization.”  Despite the claims made by the Rohingya, Md. Shamsud Douza, Bangladesh’s commissioner for Refugee Relief and Repatriation, said there was no official information about any new arrivals from Rakhine state infiltrating Bangladesh territory.  “Clashes are occurring between two groups in Myanmar. It is very normal that it will create some tension on our border as a neighboring country,” he told BenarNews. “Our decision is very clear – we cannot allow even a single Rohingya to enter Bangladesh.”  Robiul Islam, additional superintendent of police, said his unit was “not sure about a fresh entry of Rohingya but we are looking into the matter.”  Sheikh Khalid Mohammad Iftekhar, a senior official of Border Guard Bangladesh, said the border police force had tightened security at the frontier to prevent any attempts by refugees to enter the country. From January to June, 478 Rohingya were denied entry and four were arrested, according to the BGB.  Repatriation hopes  A Rohingya who lives in Maungdaw, Myanmar, and asked to not be named for security concerns, said that the increasing conflict in the state had dampened Rohingya hopes for repatriation.  “It will be difficult for them to return in this situation. The current situation will not allow them to come here,” the resident told RFA.  “The situation here is not very good. There is no security. People here are fleeing to other areas because fighting is going on. In this situation, they will not be able to come back.”  Fighting between the military and the AA resumed in July. Oo Maung Ohn, a resident of Maungdaw Township, blamed the resurgence in Rakhine State after a nearly two-year ceasefire on the junta.  “Do you know why all this fighting resumed? They (the junta) closed the roads and started the fighting and they arrested many innocent people,” he told RFA. “They arrested village administrators, questioned them and hit them.”  Rakhine State Attorney General Hla…

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Myanmar’s people, shadow govt mourn UK monarch amid junta silence

Citizens of Myanmar reacted to the passing of Queen Elizabeth II, who died last week at age 96 after 70 years on the British throne, with sadness on Monday, remembering the monarch as a champion of democracy and a source of comfort in the face of national adversity. Elizabeth’s reign began in 1952, just four years after the end of more than a century of British rule in Myanmar, at a time of strong anti-British sentiment in the fledgling Southeast Asian nation. Myanmar did not join the Commonwealth after independence, like most other former colonies. However, many Burmese remember her as overseeing improved bilateral relations that culminated in substantial support from London for democratic reforms in Myanmar under the National League for Democracy (NLD) government of Aung San Suu Kyi, prior to its ousting by the military last year. “The queen was part of the ruling class of the country that has continuously supported the cause of Myanmar’s democracy,” Thet Oo, a resident of Salingyi township in northern Myanmar’s Sagaing region, told RFA Burmese. “I wish for her to rise into heaven.” Khin Maung Nyo, a Yangon-based writer who previously studied in the U.K., told RFA that while the queen’s role was largely ceremonial, she was seen as a steadying and unifying presence. “People saw her as their guardian angel watching from above as a loving mother would or as a good ruler should. That’s why her subjects from all the 15 Commonwealth realms loved and respected her,” he said. “During the time I was in England, the country was having economic problems but the people struggled hard in unity. Though there are a lot of problems at the Palace, I’m sure Prince Charles will be able to steer the country, as King Charles III, out of danger.” The Burmese people can empathize with the grief currently felt by Britons, a Mandalay resident who requested anonymity for security reasons, told RFA. “I can see the entire British population is in grief because she had done many good deeds during her 70 years of rule. It’s sad to see them like this. Stories about their grief made me remember the time when our people were similarly in grief when General Aung San was assassinated [in 1947],” the Mandalay resident said, referring to Aung San Suu Kyi’s father, who was a revolutionary hero that many consider to be the founder of modern Myanmar. “Nobody would be grieving for those leaders who didn’t do any good for the country. Just look at [previous military rulers] Gen. Ne Win and Senior Gen. Saw Maung. Nobody was moved or sorry for them. People only grieve for good rulers,” he said.   Junta silence Though the junta has remained silent on the passing of Queen Elizabeth II, the shadow National Unity Government (NUG) made a point of publicly showing condolences both at home and abroad, a NUG spokesman told RFA. The NUG’s Acting President Duwa Lashi La sent his official message shortly after learning of the queen’s death on behalf of the shadow government, formed by former lawmakers who were ousted by the junta in the Feb. 1, 2021 coup. “The prime minister has also sent a similar message on behalf of the NUG government, and our representative in Britain has, in person, signed the Book of Condolences,” said NUG spokesman Kyaw Zaw. The British government and the royal family have continuously supported the democracy movement in Myanmar and the queen had been, according to Kyaw Zaw, a “good friend” of Aung San Suu Kyi, the most well-known figure in the movement who served as State Counselor prior to the coup. The junta’s official newspaper reported on the queen’s death in its Sept. 9 issue. RFA attempted to reach junta Deputy Minister of Information Maj. Gen. Zaw Min Tun and the Ministry of Foreign Affairs for comment on why the junta, which claims to be Myanmar’s legitimate government, had not sent a message of condolence to London, but received no reply. Senior Gen. Min Aung Hlaing sent such a message to the government of Japan after the assassination of its former Prime Minister Shinzo Abe in July. Post-coup relations Thein Tun Oo, executive director of the Thayningha Strategic Studies Institute, made up of former military officers, told RFA that the junta likely chose to stay silent because Britain and the international community have been putting pressure on Myanmar since the coup. “Diplomatic relations with countries like Britain … have not been very good since February 1 [2021],” said Thein Tun Oo.  “As you know, former British ambassador Vicky Bowman was also recently arrested [by the junta] and punished for meddling in Myanmar politics. So, politically, especially diplomatically, relations are not very good.” Last week, former U.K. Ambassador to Myanmar Vicky Bowman and her Burmese husband, Htein Lin, were sentenced to one year in prison each on immigration violation charges, which activists said were concocted by the junta. Authorities arrested Bowman, who served as ambassador from 2002-2006, and her husband, an artist and former political prisoner, on Aug. 25 for allegedly violating immigration laws and jailed them in Yangon’s notorious Insein Prison. The arrests came after the U.K. announced a new round of sanctions against the junta. Than Soe Naing, a political observer, said the snub was a result of political and economic sanctions on the junta. “The British royal family stands with the democratic forces of the world who are fighting against the military dictatorship today and so, they have no reason to send a message of condolences to the death of a state leader of England which is putting all kinds of political and economic sanctions on the junta,” Tan Soe Naing said. “That’s why their papers only announce the news of the death. They have not acknowledged and expressed sorrow in any way,” he said. The British government has consistently supported Myanmar’s democracy since the 1988 military coup. When Aung San Suu Kyi, whose late husband was a British national, was released from house…

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WeChat warns users their likes, comments and histories are being sent to China

The Chinese social media platform WeChat is warning users outside China that their data will be stored on servers inside the country, RFA has learned. A number of overseas WeChat users received a notification on Sept. 6, warning that “personal data [including] likes, comments, browsing and search history, content uploads, etc.” will be transmitted to China. The notification also reminds users that their behavior while using the app is subject to WeChat’s licensing agreement and privacy policy. A YouTuber living in France who gave only the pseudonym Miss Crook said she was shocked to receive a French translation of the same message. “I clicked through and … this message popped up, so I automatically clicked cancel,” she said. “It’s becoming clear what the difference is between a democracy and a dictatorship.” She said the move would likely affect large numbers of Chinese nationals and emigres living overseas. “Overseas Chinese have become very dependent on WeChat, but is it really that important?” she said. “We can actually stop using it completely, so we shouldn’t let them confuse us. It’s really not that important.” Faced with mounting international concern over privacy protection, WeChat said in September 2021 that it had “separated” its data storage facilities for domestic and international users, asking overseas users to re-sign the terms and conditions to keep using the app, which many people rely on to send money to people in China, make purchases in Chinese yuan, and stay in touch with friends and family. Former Sina Weibo censor Liu Lipeng said the move was largely a cosmetic one, however. “Last year … WeChat re-signed its agreements with all overseas users, but everything on there except for one-to-one chats have to use WeChat protocols,” Liu said. “So the moment you click OK, you are back in [the Chinese version] again.” “Everything you write is still available [to the Chinese authorities], so it’s basically sleight of hand. Nothing has changed,” he said. “You are a still a WeChat user.” U.S.-based legal scholar Teng Biao said WeChat’s parent company Tencent is already required under China’s Cybersecurity Law to assist the ruling Chinese Communist Party (CCP) with any data it says it needs, as are all of the other internet service providers and social media platforms in China. “The Chinese government has always used WeChat inside China as a tool to control society and censor speech, which is part and parcel its program of high-tech totalitarian control,” Teng told RFA. “It has also always used WeChat as a way to export its censorship beyond its borders, to the United States and other countries,” he said. “Western countries should consider re-evaluating WeChat as a threat to national security, data security, personal privacy and so on,” Teng said. “[They] cannot allow China’s censorship system to extend into the West and all around the world.” Growing concerns Concerns have been growing for some time over overseas censorship and surveillance via WeChat, with the U.S. banning any U.S.-based individuals or entities from doing business with Tencent, and rights activists describing it as a “prison” that keeps overseas users within reach of CCP law enforcement operations. Launched by Tencent in 2011, WeChat now has more than 1.1 billion users, second only to WhatsApp and Facebook, but the company keeps users behind China’s complex system of blocks, filters and human censorship known as the Great Firewall, even when they are physically in another country. The app is also used by China’s state security police to carry out surveillance and harassment of dissidents and activists in exile who speak out about human rights abuses in the country, or campaign for democratic reform. And it’s not just Chinese nationals who are being targeted. In May 2020, researchers at CitizenLab at the Munk School of Global Affairs, University of Toronto warned that anyone using WeChat, even if they have lived their whole lives outside China, is “subject to pervasive content surveillance that was previously thought to be exclusively reserved for China-registered accounts.” Documents and images transmitted entirely among non-China-registered accounts undergo content surveillance wherein these files are analyzed for content that is politically sensitive in China, the report, titled “We Chat, They Watch,” said. The report warned of “very serious” security and privacy issues associated with WeChat and other Chinese apps, and called on app stores to highlight risks to users before they download such apps. And a recent report detailing massive amounts of user data collected by TikTok also sparked privacy concerns around the hugely popular video app, which is owned by Chinese internet company ByteDance. In a technical analysis of TikTok’s source code, security research firm Internet 2-0 found the app, which is the sixth most-used globally with forecast advertising revenues of U.S. $12 billion in 2022, was “overly intrusive” and data collection was “excessive.” While TikTok claims user data is stored in the U.S. and Singapore, the report found evidence of “many subdomains in the iOS app scattered around the world,” including Baishan, China. As of September 2021 TikTok had more than one billion active users globally, 142.2 million of whom are in North America. The report found that TikTok makes use of a number of permissions considered “dangerous” by industry experts. Translated and edited by Luisetta Mudie.

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Court charges 4 Thai ex-park officials in Karen activist’s 2014 murder

A Thai court formally charged a former senior park ranger and three subordinates suspected of killing an ethnic Karen activist eight years ago before it released them on bail, a move that human rights defenders criticized on Tuesday. Former chief ranger Chaiwat Limlikhit-akson and his former staffers at Kaeng Krachan National Park pleaded not guilty to five charges on Monday in connection with the 2014 disappearance and death of Porlajee Rakchongcharoen (also known as Billy), a member of the Karen tribal community that is stateless in Thailand. The Bangkok Central Criminal Court for Corruption and Misconduct Cases then released each of the four on 800,000 baht (U.S. $21,815), according to Prayuth Petchkoon, a spokesman for the prosecution. The justice ministry’s Department of Special Investigation brought the charges against the former officials who had worked at the park in Phetchaburi province near the Thai-Myanmar border. “For this case, we prepared the indictment as suggested by the DSI,” the spokesman told reporters after the four suspects appeared before the court. The charges are premeditated murder, unlawful detention, concealment of a corpse, intimidating the victim using weapons and misconduct, Prayuth said. The court specializes in prosecuting state officials and others implicated in offenses related to bribery, intimidation, coercion and other malfeasance. Chaiwat, who now works as a senior conservation administrator for the government in Ubon Ratchathani province, denied all allegations. Bunthaen Butsarakham, Thanaset Chaemthet and Kritsanaphong Chitthet are the others who were charged and released. “I have never arrested any ethnic suspects. I affirm my innocence,” Chaiwat told reporters outside the court. “I have never conducted any acts as accused. “At first, I felt disheartened, but I knew it was better to get justice [through the court]. … It will be good to get a clear answer for the community.” BenarNews could not immediately reach Billy’s widow, Pinnapha Phrueksapan, for comment. It is important to keep a public spotlight on the case so the Thai judicial system has integrity and the DSI and the Attorney General’s Office can bring out the truth in court, a human rights activist said. “This is the first trial of an enforced disappearance case in Thai history,” Pornpen Khongkachonkiet, director of the Cross-Cultural Foundation, a local human rights organization, told BenarNews, an RFA-affiliated news service, on Tuesday. Another rights advocate questioned the decision to grant bail. “Government investigators and civil society groups have repeatedly expressed serious concerns that former park chief Chaiwat Limlikhit-akson and his associates have both the power and influence to intimidate witnesses, so it’s extremely worrisome these four suspects have been released on bail,” said Phil Robertson, deputy Asia director for Human Rights Watch. Authorities must protect witnesses and monitor Chaiwat and his accomplices, Robertson told BenarNews, adding that Thai officials should recognize “the importance of ensuring a free and fair trial that holds accountable those found responsible, regardless of their position or status.” In a news release posted on its website last month, the New York-based global watchdog group alleged that the investigation into Billy’s killing had “suffered from a cover-up.” The four defendants are expected to return to court for arraignment on Sept. 26. This week’s court action follows the approval by the Thai legislature last month of a bill to criminalize state-sanctioned acts of torture and enforced disappearance. It must be published in the Royal Gazette before taking effect in December. Karen activists hold signs and pictures during a rally calling on Thai authorities to speed up the investigation into their missing colleague, Porlajee Rakchongcharoen outside the governor’s office in Chiang Mai, northern Thailand, April 22, 2014. Credit: AP Photo Disappearance Billy, who fought for land rights after Chaiwat allegedly sought to move ethnic people from Kaeng Krachan National Park, went missing on April 17, 2014, after park officers stopped him at a checkpoint while he was traveling to meet Karen villagers. Billy was to testify the next day in a case filed by Karen farmers against Chaiwat, the chief park officer at the time, and others. The locals alleged that the park officials had ransacked and burned their homes and properties in nearby Pongluek-Bangkloy in 2011. Kaeng Krachan, Thailand’s largest national park, is home to ethnic Bwa G’Naw people, also known as Karen, Kariang or Yang, who are members of a hill tribe scattered across Myanmar, Laos and Thailand. HRW said Billy was carrying case files and related documents when he was detained, adding those files were never recovered. Chaiwat was acquitted over insufficient evidence in 2014. Billy’s family sued Chaiwat for the disappearance, but the case was dismissed after a judge ruled there that there was not enough evidence to prosecute. The park ranger and his aides had told police they released Billy after questioning him for illegally gathering wild honey. Later, with the help of rights advocates, Billy’s widow lodged a new complaint asking DSI to reopen the case. In September 2019, DSI members found bone fragments in an oil tank submerged inside the national park reservoir. After DNA analysis confirmed the missing activist’s remains, officials issued arrest warrants two months later. The four turned themselves in to authorities in Bangkok. Citing a lack of evidence, a Thai public prosecutor in January 2020 announced that the charges against the four, including murder, were dropped. The case took a new turn when the current leader of the DSI assumed office. The Thai Attorney General’s Office announced last month that it would indict Chaiwat, leading to Monday’s court action. BenarNews is an RFA-affiliated news service.

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UK will ‘bear consequences’ of new leader’s hard line on China: Chinese state media

Chinese state media hit out at newly elected Conservative Party leader Liz Truss over her statement that China represents a major threat to national security, as polling showed Truss will soon take over from outgoing Prime Minister Boris Johnson. Truss was announced as the party’s new leader amid a cost-of-living crisis after she beat former chancellor Rishi Sunak in a weeks-long internal contest for the ruling party’s top job, and the post of prime minister that comes with it. “Another statement of Truss during the campaign [was that] she might declare China a ‘national security threat’ to the UK,” the English-language China Daily said in an editorial on Monday. “Trying to divert domestic attention by exaggerating the ‘China threat’ and slamming other countries is like an old meme played by lame political talk show actors, which serves no purpose other than to expose the incapacity of such politicians in terms of their governance,” the paper said. “The easiest way is to pander to populism, but this will only bring about a more difficult fate for their countries,” the paper said. The two-month leadership contest left a power vacuum at the heart of the British government as incumbent Boris Johnson jetted off on at least two overseas vacations, having resigned in the wake of a cascade of ministerial resignations calling on him to go. Inflation is above 10 percent, with tens of thousands of workers currently striking for pay and conditions to keep up. Foreign secretary Truss, who has spoken of her admiration for late former prime minister Margaret Thatcher, summoned China’s ambassador to the U.K. for crisis talks over Beijing’s military aggression targeting Taiwan during the Aug. 2-3 visit by U.S. House Speaker Nancy Pelosi. “We have seen increasingly aggressive behavior and rhetoric from Beijing in recent months, which threaten peace and stability in the region,” Truss said in a statement at the time. She reportedly vowed to declare China “a threat to national security” if she won the leadership race. Improved ties unlikely The nationalistic Global Times newspaper, which has close ties to CCP mouthpiece the People’s Daily, said there was little reason to believe relations between London and Beijing would improve under Truss’ premiership. “With the country effectively drifting aimlessly without a government since former Prime Minister Boris Johnson was forced to resign after caroming from one scandal after another and subsequently going AWOL, the country needs pragmatism and practical policies, not outdated ideology,” the paper said. “Having designated China as a threat to the U.K.’s national security … holding to that stance when in office will not be in the U.K.’s best interests,” the editorial warned. It said plenty has changed since the Conservative government heralded a “golden age” in Sino-British relations in 2015. “In the hope of securing a trade deal with the U.S. to help extricate the U.K. from the jaws of the monstrous Brexit mess the country brought upon itself, being tough on China was seen as a way to curry favor with Washington,” the article said. Translated and edited by Luisetta Mudie.

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