Now Everyone Can Know Why “Minister of AirAsia” Is Unfit For Office!

Captain Loke aka Minister of AirAsia was recently seen in public together with his buddy, Tony Ferndandes. They would like us to believe that they were discussing about the weather!

YB Anthony Loke popularly known as “Captain Loke” and has since got himself promoted as the Minister of AirAsia.  He met and socialised in public with his buddy Tony Fernandes, the Number One man in AirAsia, who was embroiled in the Airbus’ bribery scandal involving payment of RM205 million to AirAsia executive 1 and 2, HERE.

The pattern of conduct that this shameless Minister of AirAsia was involved in interfering with the function of MAHB and MAVCOM by allowing himself to be led by the nose by his buddy Tony Fernandes. Ths pattern of conduct is most disturbing to say the least.

This Minister of AirAsia has shredded the norm whereby he went all out to demean Malaysian Aviation Commission(MAVCOM), which is an organisation set up by the government in 2016 through the MAVCOM Act 2016. MAVCOM was set up primarily to develop our aviation industry into an orderly manner and more importantly to protect the rights of consumers. And yet this shameless minister had on record in October 2019 said “I have disinvited MAVCOM to post cabinet committee of the Ministry of Transport” and “MAVCOM not recognised by anybody”,  HERE.

Yours truly will show the evidence that MAVCOM has been recognised internationally and the latest by the European Commission below.

No other ministers in history including MCA ministers like Chan Kong Choy, Ong Tee Keat and even the spineless Liow Tiong Lai al of whom had not gone as far as this shameless minister to openly condemn a government agency, MAVCOM, without supporting facts.

It must be noted that in 2017, Tony Fernandes had been implicated in the Rolls Royce bribery scandal of about RM13 million, HERE.

On 31 January 2020 AirAsia executives 1 and 2 were caught in the act of having received RM205 million in return for aircraft orders to Airbus. In this case, the Airbus had admitted in court documents that Airbus had paid the said bribe and the UK court had also adjudged the said bribe in its judgment, HERE.

The Glaring Examples

In July/August 2019 Tony Fernandes, went all out to condemn MAVCOM for gazetting the Passenger Service Charge (PSC) at RM73 for international travellers flying out from our airports. Tony Fernandes was campaigning for a reduction of RM23 PSC making it to be RM50. He even went as far as to refuse to implement the gazetted RM73 PSC and asking MAVCOM to reduce it to RM50. AirAsia is the only airline in Malaysia that refused to follow the law.  Of course, MAVCOM and MAHB did not go down on their knees to accommodate Tony Fernandes’ wish and both have stood firm on the RM73 PSC because that is the law.

On 30 August 2019 this shameless “Minister of AirAsia” without consulting MAVCOM and/or MAHB, he unilaterally announced that PSC for international traveller flying out from KLIA 2, which is the airport used by AirAsia, had been reduced to RM50 and that it will be effective on 1 October 2019, HERE.

He said that It was a Cabinet decision. Reliable sources had confirmed that it was not a Cabinet decision. This shameless minister merely informed the Cabinet about his desire to reduce the said PSC to RM50 PSC. It was so obvious that the said reduction of the said PSC to RM50 was just to please his buddy, Tony Fernandes.

On the same day (30 August 2019) Tony Fernandes openly defied the gazetted RM73 PSC and announced that AirAsia will launch the RM50 PSC as “Anthony Loke Special” as a mark of honour for the Minister of AirAsia, HERE.

                                                   Section 46 of MAVCOM Act, 2016

This shameless “Minister of AirAsia” was so ignorant of the law that under section 46 of the MAVCOM Act, only MAVCOM has the sole power to fix and gazette PSC rate and not him, HERE.

1 October 2019 came and gone the PSC reamains at RM73 until this day. No other airline had followed this “Syiok Sendiri” “Minister of AirAsia” except his master, Tony Fernandes.

Of course, this shameless “Minister of AirAsia” was upset and more importantly “Lost Face” so to speak that MAVCOM didn’t carry out his commands / orders to decrease the said PSC to RM50. Hence, this shameless “Minister of AirAsia” went berserk and made all kinds of negative statement against MAVCOM that he had disinvited MAVCOM to post cabinet meeting in MOT and that MAVCOM is not recognised by anyone. What an ignorant sort!

Strictly To Educate The “Syiok Sendiri” / Ignorant  “Minister of AirAsia” On The Status Of MAVCOM

Strictly for the benefit of this shameless Minister of AirAsia, MAVCOM has been recognised all over the world. MAVCOM had been invited to international conferences.  Recently MAVCOM was featured prominently in the Study done on the current level protection of air passenger rights in European Union by Steer, HERE.   Please see pages: 433, 434, 435 & 436 of the said Steer Report, which was published in January 2020.

Steer had even incorporated the full list of the role played by MAVCOM as an example how  air passenger rights have been protected in Malaysia.  We can only hope that this shameless “Minister of AirAsia” will now learn to shut his big mouth and to be thought a fool then to open it and be confirmed a fool without doubt.

Below are the pages where MAVCOM of Malaysia has been incorporated in the said Steer Report of the European Commission which was published in  January 2020.

Steer Report January 2020 cover page

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Steer Report page 434

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Steer Report page 435

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Steer Report page 436

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Minister of AirAsia’s Announcement To Abolish MAVCOM Is Against Consumer Interests

Is it strange why the Minister of AirAsia was so bent in wanting to abolish MAVCOM which has been doing a great job to protect air passengers rights.  As early as 21 October 2019 “rumour” had it that the Minister of AirAsia had told a closed door meeting with investors of his plan to abolish MAVCOM and also to bring in new players to share the airport operation pies (currently dominated by GLC MAHB). Because of his big mouth MAHB’s shares fell by 7.6% with RM1.09 billion in market capitalisation being wiped out.  It was so irresponsible of the Minister of AIrAsia to behave in such a manner. When the Minister of AirAsia was interviewed he refused to comment, HERE

Two months later on 13 December 2019, the cat was finally out of the bag, the rumour of the abolition of MAVCOM finally came true, MOT announced that MAVCOM as a regulatory body to be abolished, HERE.

The Public Must Stand Up For MAVCOM Against The Shameless Minister of AirAsia

It was due to MAVCOM’s efforts that in September 2019 AirAsia and AirAsia X were fined RM200,000.00 each  for violating the Malaysian Aviation Consumer Protection Code 2016 (MACPC).  After the implementation of MACPC, both airlines were found for the first time a to be unlawfully charging processing fees for credit / debit card transactions, HERE.

On 20 January 2020 MAVCOM slapped fine of RM2 million each on low-cost carriers AirAsia Bhd and AirAsia X Bhd and  Malaysia Airports Holdings Bhd’s subsidiary Malaysia Airports (Sepang) Sdn Bhd RM856,875 for failing to meet targets set by the former in its Airports Quality of Service framework, HERE.

The dateline for AirAsia and AirAsia X to pay the RM2 million fine each on 15 February 2020. Rumour has it that both these powerful airline have not paid the said RM2 million fine. MAVCOM will have to initiate enforcement proceedings in the coming days.

AirAsia and AirAsias X are the only two airlines that charged processing fees for credit / debit cards transactions.

After the two fines imposed against AirAsias and AirAsia X, Minister of AirAsia‘s silence was most deafening.  One would have thought that the minimum a Minister could have done was to reprimand the unscrupulous AirAsia and AirAsia X to abide by the law and stop taking passengers for a ride! But this shameless fella has no time to look after public interest but interest of his favourite airline. Lets hope that the Minister of AirAsia was not too upset with MAVCOM for taking drastic actions against his favourite two airlines. His deafening silence may have been the cause for AirAsia and AirAsia X to carry on to violate MACPC!

Yours truly wonders WHY this fella carries on to behave so shamelessly? May be MACC could shed some light on the matter!

With his above pattern of conducts, this SHAMELESS Captain Loke is unfit for office!

Tower To ‘Captain’ Loke: “You’re Loke-ing In The Wrong Way!”

Left: ‘Captain’/minister Loke with his beautiful RED tie and his buddy Tan Sri Tony Fernandes of AirAsia in a recent function of AirAsia.

Updates on 10 September 2019 2 11:00 pm:  MAHB had obtained judgment of RM40.7 million against AirAsia and AirAsia X for outstanding PSC. On 10 September 2019 MAHB had applied to the High Court for a Garnishee Order to garnish said judgment debt from the three bankers of AirAsia, HERE.

Updates on 10 September 2019 @ 4:00 pm:  Today MAVCOM has issued a press statement stating that it has found AirAsia and AirAsia X violating sub paragraph 3 (2) of Malaysian Aviation Consumer Protection Code 2016 (MACPC) for charging processing fees for payment of air fare by credit card, debit card separate from their base fares. AirAsia and AirAsia X have been fined RM200,000 each, HERE.  Let us see how long will it take the powerful ‘Captain’ Loke to issue a statement to reprimand AirAsia and AirAsia X for violating the said Code and taking the traveling public for a ride.

Malaysia’s infamous AirAsia pilot, ‘Captain’ Loke who is also our ‘venerated’ Transport Minister, keeps loke-ing the wrong direction in matters related to aviation. It is a sad case to say the least.

He has steered his ministry into turbulence at least over two issues that demand what is required of a composed pilot – control the aircraft and stay clear of obstacles and hazards.

His decision-making process on the collapse of the Total Airport Management System (TAM) on 25 August and the unilateral reduction of RM23 Passenger Service Charge (PSC) for KLIA2 and other airports, except for KLIA, can be considered:

  • Errors arising from biases.
  • As well as a breakdown in the processing of information coming in.

The Unilateral RM23 PSC Reduction

Extreme Right: ‘Captain’ Loke cum ‘new AirAsia salesman’ pointing to the RM99 fare! Next to ‘Captain Loke are Tan Sri Tony Fernandes & Datuk Kamarudin Meranun – both of AirAsia.

Yours truly would like to believe that by mere coincidence ‘Captain’ Loke set the reduction of RM23 PSC, which so happens to be the exact amount of reduction demanded by his good friend, Tan Sri Tony Fernandes, HERE.  May be great men DO think alike after all!

In an immediate response, Tony Fernandes announced that a special offer known as “Anthony Loke’s Special’, HERE.  

God knows what the “offer” is because Tony didn’t announce the details of his special “offer”.  Was this to mark ‘Captain’ Loke’s special contributions to AirAsia?

Only MAVCOM Can Gazette PSC Not ‘Captain’ Loke

YB Dr Nungsari Ahmad Radhi, Chairman of MAVCOM.

Under the MAVCOM Act 2015 the ‘Captain”/Minister Loke has no power to fix the rate for PSC. The power to review, set and gazette of PSC lies with MAVCOM under the Act.  If ‘Captain’ Loke wants the power so badly, please get Parliament to amend the Act to give him the sole power to steer MOT and aviation industry according to his and/or his friends’ whims and fancies!

Lets see whether the Commissioners in MAVCOM are prepared to be stooges of ‘Captain’ Loke and reduce MAVCOM to be rubber stamp.  It might be an opportune moment to remind MAVCOM that its existence depends on the RM1 contribution from the travelling public and public confidence of it.

Lets see whether MAVCOM will close its eyes and gazette ‘Captain’ Loke’s RM23 reduction anytime from now so that the said reduction could be implemented on 1 October 2019 as announced by ‘Captain’ Loke recently!

In the interim, we can only hope that the distinguished commissioners in MAVCOM (Datuk Mohd Khairul Adib bin Abd Rahman [KSU of MOT], YA Dato’ Mah Weng Kwai [former Judge of Court of Appeal], Datuk Seri Long See Wool [former officer of MOT], Dato Fauziah Binti Yaacob) will not dance to the tune of ‘Captain Loke’ and to please someone’s  ego.

The TAMS Failure

On the night of 25 August, KLIA, which was opened for operation with the Total Airport Management System (TAMS) in June 1998, had a major network failure.

It triggered a system outage at KLIA and KLIA2 which embarrassingly caused flight delays for four days.

Malaysia Airports Holdings Berhad (MAHB) has not ruled out the possibility that the network failure was caused by an act of malicious intent.

On 27 August, MAHB lodged a police report and investigations are centred around causing damage through an act of mischief under Section 427 of the Penal Code.

Four suspects named by MAHB in its report have been suspended pending investigations. The police are now investigating the said report, HERE.

On 27 August, Anthony Loke flew into overdrive to immediately announce a six-member task force headed by the secretary-general of Ministry of Transport (MOT), Datuk Mohd Khairul Adib Abdul Rahman, to investigate the breakdown of the TAMS.

The KLIA TAMS System Failure Issue Investigation Committee will also recommend measures to avoid a repeat of the incident. The task force has been given a month to complete its job,  HERE.

The breakdown of TAMS was rectified and both KLIA and KLIA2 were back to normal.

This was the first time in 21 years since the opening of KLIA that such outage had occurred in KLIA.

However, KLIA and KLIA2 were not closed.  Of course, there were flight delays and inconveniences caused.

The 21-year-old TAMS may need to be replaced. The cost for the new system may be prohibitive but MAHB has to bite the bullet and go for it. It is a one off cost, which will last another 20 years or more.  It will also be peace of mind for “Captain” Loke and there would be no need for him to form in lightning speed another Task Force just to address another breakdown, which may be unlikely because of the recent measures taken by MAHB.

Do We Need a Special Task Force?

Did such outage only happen in Malaysia? NO.

There were many incidents of system failures in airports and checkpoints in developed countries like Singapore, United Kingdom, France and the USA  with some suffering worse disruptions. Please look at the examples below.

Today AirAsia aircraft caught fire in mid air from Maldive, HERE.  Is ‘Captain’ Loke going to set up a task force to investigate into the safety issues in AirAsia to prevent tragedies? Did we hear a big NO from ‘Captain’ Loke?  It is ok we do understand your predicament.

Examples Of System Failures At Checkpoints  & International Airports

Singapore

On 16 May 2017, technical glitch in the immigration clearance system at Woodlands and Tuas checkpoints caused massive delay. HERE.

India

On 1 August 2018, the baggage check-in systems at both terminals 1 and 2 of Chhatrapati Shivaji Maharaj International Airport in Mumbai were affected, causing massive delays in issuing of boarding passes and loading baggage.

The glitch was due to the failure of the local area network linking the Airport Management System. HERE.

UK

On 7 August 2019, Heathrow Airport terminals for British Airway (BA) became congested when its computer systems crashed, resulting in 138 flights being cancelled and a further 260 being delayed. At least 35,000 passengers travel plans were put into disarray. HERE.

USA

On 17 August 2019, thousands of travellers at major US airports (JFK, Los Angeles, Dallas-Fort Worth, Dulles etc) faced congested terminals and long lines due to a temporary computer outage that affected the US Customs and Border Protection’s processing systems, HERE.

France

1 September 2019, after a failure of the common computer and communication systems, French airport authority had significantly reduced flights capacity in several of its airports (Marseille, Bordeaux, Paris, Reims and Brest. HERE.

Did the ministers of transport in those countries became jumpy and set up a task force to investigate?

No. The government of the respective countries left it to their airport authorities to investigate and resolve the problems unlike our eager beaver ‘Captain’/minister Loke.

We can only hope that nervousness of ‘Captain’ Loke was not triggered due to MAHB and/or for his love for … .

‘Captain’/Minister Loke: What Is Your ultimate Agenda?

Yours truly hopes that there is no other agenda here except the eagerness of the minister to show that he was working very hard for the travellers like what he had done to unilaterally reduce the RM23 PSC for KLIA2 and other airports, which will no doubt benefit international travellers.  BUT cost the government to the tune of at least RM200 – RM300 millions to make up for the RM23 reduction. Ultimately the rakyat will have to pay for the subsidy.

Coincidentally, “Captain’ Loke’s good friend, Tan Sri Tony Fernandes, has been campaigning openly against the RM73 PSC. He wanted a reduction of RM23 for the PSC too.  It seemed that ‘Captain’ Loke had plugged the RM23 from the air and it so happened to coincide with the demands of Tan Sri Fernandes.

MAHB Sued AirAsia & AirAsia X For Outstanding PSC & Other Charges

AirAsia refused to collect the RM73 PSC, opting for only RM50. MAHB sued AirAsia and AirAsia X for the shortfall of RM23 PSC and outstanding PSC debt totalling RM40.7 million.

Of course, ‘Captain’ Loke being an extremely concerned minister, immediately offered his services to mediate in the lawsuit, HERE. This was unheard of in world aviation where a minister offered to mediate in a law suit to recover PSC and other debts.

We hope that in future ‘Captain’ Loke will jump in to offer himself as mediator in all disputes between MAHB and all airlines for not collecting full PSC or for owing PSC and/or other charges including aeronautical charges!

Rumour has it that ‘Captain’ Loke has plenty of free time to chair meetings of certain airline.  So all airlines could just give him a call and he will chair any meetings for airlines.

Luckily MAHB reject the AirAsia’s offer of mediation, HERE.  The High court granted Summary Judgment for the RM40.7 mil against AirAsia and AirAsia X.

‘Captain’ Loke, The Festive Greeter

To digress a little, it must be admitted that ‘Captain’ Loke works extremely hard to the extent that he found special time to board an AirAsia aircraft to wish passengers “Happy Chinese New Year”.  No other Minister of Transport had done this before.

We applaud ‘Captain’ Loke for his well-intentioned gesture and hope that he will not restrict it to Chinese New Year only and carry on with his great festive greetings during Hari Raya, Deepavali, Gawai and Christmas to passengers not only for his favourite airline AirAsia but MAS, Malindo, Firefly, MASwings and others. ‘Captain’ Loke, you have done what other ministers never dared to think of doing like unilaterally announcing a reduction of PSC.  ‘Captain’ Loke, it is a shame that Tony Fernandes did not recognise your enormous contribution and confer you the title, “Father of AirAsia”.  May be it will be announced soon!

Heads To Roll In MAHB

A little bird whispered to yours truly that a powerful man in the aviation industry had sent out a message to the effect that “He will ensure heads in MAHB will roll”.  Why? Was it because this powerful person couldn’t get what he wanted from MAHB like he used to?

Lastly, we hope that the all-time powerful ‘Captain’/minister Loke has no other agenda in all his initiatives including to please his friends.

MAVCOM For Consumer Protection

Malaysian Aviation Commission (MAVCOM)

Updates at 2:30 pm on 7 March 2019:  It is not usual for the Minister of Transport to come out so quickly to stop the rumour that MAVCOM to be disbanded, HERE.  

The question is “Which person or airline started the rumour?”.  The Minister of Transport (MOT) should stop to dance to the tune of certain airline.  It is not good for the image of the MOT, MOT should be fair to all airlines. MOT must not be seen to favour one airline against the others. Please take note Mr MOT.

MOT should assist MAVCOM to stop the practices of imposing “hidden charges” by all airlines. Hidden charges must be the things of the past. 

Thank you

 

Of late, yours truly has observed that there were calls for the abolishment of Malaysian Aviation Commission (MAVCOM) and wondered what suddenly triggered this or more appropriately, who triggered this call.

For those unfamiliar with the entity, MAVCOM was established by Malaysian Aviation Commission Act, 2015  and was officially established on 1 March, 2016.  MAVCOM is an economic regulator, taking care of economic and commercial matters in the local civil aviation sector with the ultimate objective to support economic growth for the country.

MAVCOM Protects Consumer

MAVCOM also plays a big role in Consumer Protection and attending to complaints by the traveling public against airlines and airport services, HERE.

After the establishment of MAVCOM, there is now an official body to attend to public complaints against airline and monitor the commercial activities of all airlines in Malaysia.

It is now very easy for traveling public to lodge complaints against the services or commercial activities of any unscrupulous airlines in HERE.

Misleading Advertisement On Air Ticket Prices By AirAsia & AirAsia X

AirAsia & AirAsia X were both fined RM160,000.00 each for misleading ticket prices.

On 4 December 2018 it was reported that MAVCOM imposed RM160,000.00 fine each against AirAsia (AA) and AirAsia X (AAX) for violating the Malaysian Aviation Consumer Protection Code 2016 (MACP) in the 2nd quarter of 2018. AA and AAX had advertised misleading air ticket prices, HERE & HERE.

MAVCOM Continues To Focus On Consumer Protection

Out of all the public complaints received, 99.7% of them have been resolved, HERE & HERE.

If you are a traveler, you can relate how frustrating it can be sometimes with the level of service provided by the airline and airport.  Even before the journey itself, when you purchased your tickets, you are faced with hidden charges, which clearly reflect the conniving nature of certain airlines.

In ensuring that passengers continue to be protected, MAVCOM launched the Consumer Report. This report captures the complaints by passengers.  As at September 2018, for its fourth issue, they saw an increase in the number of complaints received from consumers. Complaints can now be lodged online with MAVCOM, in HERE.

The Quality of Service Framework is to ensure that the airport gives passengers an acceptable level of service from toilet cleanliness, to directions in the airport to customer service, in HERE.

Passenger Service Charge (PSC)

Certain irresponsible elements have gone on a disinformation exercise to state that PSC is collected by MAVCOM.  PSC is collected by he airlines when one purchase the airline tickets and the airline is legally obliged to handover the PSC of the departed passengers to MAHB.

The PSC rates were determined by professionals, analysts and economists commissioned by MAVCOM. The PSC numbers are not being plucked out of the air. Yours truly believes that it was a laboriously research before it is implemented. It must be noted that the current PSC rates in Malaysia remain among the lowest in the world.

Why Does MAVCOM Take The Trouble To Develop These Programmes?

It is to ensure that the traveling public get the best service out of the PSC that they are paying for.

After MAVCOM was set up by the Government, there was a marked increase of complaints from the traveling public against the commercial activities and services of airline and airport. It has created an awareness of consumer rights among the travelers, in HERE.

MAVCOM Is A Regulator

MAVCOM is the regulator and it differs from MOT or the Civil Aviation Authority of Malaysia (CAAM). MOT looks into policies while CAAM is a technical regulator, overseeing safety, security and maintenance of the civil aviation sector.

Anyone accusing these entities as overlapping in their responsibilities is either downright stupid or has vested interests. Imagine if MAVCOM were to be abolished, what would that mean to the travelling public? Are Malaysians ready to be duped by certain airline to accept its poor level of service with many hidden charges and poor level of service at the airports?

Clearly from yours truly perspective, we must not allow certain undesirable element with vested agenda, who are in great pains to call for the abolishment of MAVCOM. We, the rakyat, should campaign to give more power to MAVCOM so that the rights of the traveling public are protected at all times – no more hidden charges, misleading advertisement on ticket prices and to ensure orderly development of civil aviation in Malaysia.

Thump Up To MAVCOM To Protect Travelers On Refund of PSC

In December 2011 AirAsia was campaigning against the increased of PSC by MAHB. What a noble act!

It is an open secret that airlines have forfeited the Passenger Service Charge (PSC) or Airport Tax of no-show passengers and treated the unclaimed Passenger Service Charge or Airport Tax as part its revenue. This is definitely no right under law. Continue reading “Thump Up To MAVCOM To Protect Travelers On Refund of PSC”