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Tuesday, 20 September 2011

China to Launch Space Station Test Module Next Week





China to Launch Space Station Test Module

by Clara Moskowitz, SPACE.com Senior Writer

China is developing its first full-fledged space station, called Tiangong (Heavenly Palace). Early tests of China’s skills at rendezvous and docking, shown in this artist's illustration, are set to begin in 2011.
 China is developing its first full-fledged space station, called Tiangong (Heavenly Palace). Early tests of China’s skills at rendezvous and docking, shown in this artist's illustration, are set to begin in 2011. CREDIT: China Manned Space Engineering Office View full size image

China will launch a test module for its first space station next week between Sept. 27 and Sept. 30, state media reported today (Sept. 20).

The unmanned module, called Tiangong-1 (which means "Heavenly Palace") will test autonomous docking procedures and other space operations in preparation for China's plan to build a 60-ton space station by the year 2020.

The Chinese Long March 2F rocket set to launch Tiangong-1 has already been rolled out to its launch platform at the Jiuquan Satellite Launch Center in northwest China's Gansu Province, according to state-run news service Xinhua. [Photos: China's First Space Station]



The liftoff was delayed last month when a Long March 2C booster, similar to the rocket that will loft Tiangong-1, failed to deliver an experimental unmanned satellite to orbit. However, after an investigation into the accident, China successfully launched a military satellite aboard a related Long March 3B/E rocket on Sunday (Sept. 18), clearing the way for the Tiangong liftoff.

Final tests of the spacecraft and its booster will take place over the next few days, a project spokesperson told Xinhua.

"Every main system is standing by and the final preparations are running smoothly," Xinhua reported.
The 8.5-ton Tiangong-1 is slated to dock with the unmanned Shenzhou 8 spacecraft, which will launch at a later date. It will be the first docking between Chinese spacecraft, and will represent a significant step forward in the nation's space capabilities, experts have said.

Medical and engineering experiments will also be carried aboard Tiangong-1. [How China's First Space Station Will Work (Infographic)]

China is only the third country, after the Soviet Union and the United States, to launch a person to orbit. The first Chinese manned mission, Shenzhou 5, launched astronaut Yang Liwei in 2003. Two more manned missions followed, including a flight that featured the nation's first spacewalk in 2008.

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Changes in Malaysia's horizon; Keep the momentum up!





Changes in the nation’s horizon

Reflecting On The Law By Shad Saleem Faruqi

Whether by revocation by the King or annulment by Parliament, all emergency legislations will cease to exist six months after the end of an emergency proclamation.
An artist's portrayal of the Internal Security...Image via Wikipedia

THE Prime Minister’s surprise announcement that the Emergency will be lifted, that the Internal Security Act will be repealed, and that laws like the Printing Presses and Publications Act will be amended to constitutionalise and humanise them has fired everybody’s imagination, and at the same time raised apprehension among the defenders of the status quo.

One reader asked whether the Prime Minister consulted with, and obtained, the consent of the Cabinet before making these bold pronouncements.

No outsider can answer this accurately, but what can be pointed out is that in parliamentary democracies, prime ministers are known to launch bold initiatives on their own and to present their Cabinets and their countries with a fait accompli.

Clear examples are decisions on premature dissolution of Parliament and budget and foreign policy initiatives.

In 1956, Anthony Eden of Britain got his country embroiled in the disastrous Suez invasion, and informed his Cabinet only after British paratroopers had landed on Egyptian soil.

In a strictly legal way, the prime minister is not bound by the Cabinet; instead the Cabinet is bound by the direction he supplies.

Politics may, of course, encourage a consultative approach but all students of parliamentary government know that the prime minister is the sun around which the Cabinet revolves.

Individual ministers are bound under the doctrine of collective ministerial responsibility to support their prime minister or step down from office.

Another reader asked whether the Prime Minister’s announcement means that the Emergency is already lifted?  The answer is in the negative.

The Emergency is proclaimed by the King and either he must revoke his proclamation(s) or the two Houses must by resolution annul the proclamation(s).

If the King (acting on advice) revokes a proclamation, the revocation comes into effect immediately.

However, if the two Houses are to debate and vote on a resolution to annul, that process can be expected to take some weeks or months because the Dewan Negara will probably convene only after the Dewan Rakyat’s lengthy budget session beginning in October.

However, if immediate parliamentary action to annul the 1966, 1969 and 1977 proclamations is thought desirable, the two Houses can meet concurrently to draw to a close the 47-year saga of the existing post-independence Emergency.

Once a proclamation expires, whether by revocation by the King or annulment by Parliament through an Emergency Act of Parliament or a piece of subsidiary legislation under an emergency law, all emergency legislations will cease to exist six months after the proclamation.

If the Emergency ends, does the Internal Security Act (ISA) also cease to exist? The answer is in the negative.  The ISA is a law against subversion under Article 149.

It is independent of Article 150 and has a life of its own, no matter what happens to the Emergency.

If the ISA is repealed, will those detained under the ISA have to be released? Undoubtedly, yes.

If the basis of their detention is extinguished, the detention, too, ceases to be valid.

Even if there is a new law under Article 149 to deal with security or terrorism cases, that law cannot be backdated due to the prohibition of Article 7(1).

Of course, the detainees may face new prosecutions under the Penal Code or the new laws.
The rule of double jeopardy will not apply.

Will the Government have to pay compensation to all people detained under the ISA, including in previous years?

The answer is “no” because the legality of an act must be judged by the law at the time of the commission of the act and not by what happens afterwards.

How can the ISA be repealed? Does its repeal require the consent of the Conference of Rulers?

Under Article 149, any law against subversion may be passed or repealed by Parliament. A simple majority vote is sufficient. The consent of the Conference of Rulers is not needed.

From what we have heard, the ISA will be replaced by two laws on terrorism and national security.
Some cynics are saying that the move is therefore purely cosmetic and political.

The ISA may end but preventive detention may remain. I think we should hold our judgment on this issue till we see the substantive content of the proposed new laws.

I would give anxious consideration to the following issues:

> The concepts of terrorism and national security must be precisely and objectively defined and must not have any catch-all tendencies.

> There should be no exclusion of judicial review so that any abuse or misuse of power can be tested in the courts.

It is acceptable that on matters of security, the political executive must have a strong say without excluding the power of the courts to determine independently whether security was indeed involved or not.

> There must be some safeguards against political detentions.

> The power of the police to detain for purposes of investigation must be drastically reduced from the present 60 days to no more than three weeks.

> The Minister’s power, as at present, to order detention for two years and for such further periods as he deems necessary must be abolished.

Detentions on the orders of the Minister raise the unconscionable issue of accuser, adjudicator and executioner being combined. Some separation of powers and some check and balance is desirable.

Justice must not only be done but must be seen to be done.

> The power to try, to convict and to detain must be committed to a Special Security Court or Anti-Terrorism Court (or by whatever name called).

> Anxious consideration must be given to the composition of this Special Court which must arouse public confidence.

> The executive must accuse, the court must decide.

> Special procedural rules for security trials exist in many countries and must be examined.

Perhaps trials should be held in camera (without the public present).

Whatever the case, there must be fair due process. The accused must know the charge.

No incriminating evidence must be withheld from him and from the judge, as is possible at present.

The accused must be allowed to defend himself fully and fairly.

> The penalties and the maximum period of detention must be prescribed.

> Whether there should be no appeal in “security” and “terrorist” trials is a matter for further consideration.

We have many model legislations from many countries that we can emulate.

Whatever we follow must show fidelity to our own Constitution and to the primary instruments of international law.

> Shad Saleem Faruqi is Emeritus Professor of Law at UiTM and Visiting Professor at USM.



Keep the momentum up!

Question Time By P. Gunasegaram

The momentous changes proposed by the Prime Minister need to be pushed through with the utmost urgency for greater effect.

THE overwhelming support and acclaim from Malaysians over the proposals by the Prime Minister to repeal the Internal Security Act or ISA and lift all proclamations of emergency show just how unpopular these measures are among Malaysians.

Datuk Seri Najib Tun Razak has read the signals right. But as important as these and other proposals are, the larger agenda is even more significant – to review and if necessary repeal and replace all laws which stand in the way of demo-cracy, legitimate free expression, and human and individual rights.

Two paragraphs from Najib’s speech last Thursday are worth re-quoting: “It is absolutely clear that the steps I just announced are none other than early initiatives of an organised and graceful political transformation. It stands as a crucial and much needed complement to the initiatives of economic transformation and public presentation which the government has outlined and implemented for over two years in the effort to pioneer a modern and progressive nation.

“…the Malaysia that we all dream of and are in the process of creating is a Malaysia that practises a functional and inclusive democracy where public peace and prosperity is preserved in accordance with the supremacy of the Constitution, rule of law and respect for basic human rights and individual rights.”

Two things are necessary to carry these reforms to its natural conclusion. The first is to keep the momentum generated up and without any delay implement what has been promised. Any delay and back-pedalling to cater to the interests of some sections of the community will have the effect of raising cynicism yet again.

The second is to look into all the other laws which need to be changed to allow Malaysians to exercise all their full rights as enshrined in the Federal Constitution without hindrance.

That means that all those laws that are in direct contradiction to the letter and spirit of the Constitution must go. The sooner they go, the better. There has to be demonstrable urgency over this matter.

Already there are some politicians who are saying that the amendments to make some of the major changes cannot be tabled at the forthcoming Parliament session and will have to be deferred to next year. That will be a wrong start.

The necessary repeals of the relevant legislation can be made and still passed by Parliament this year for implementation next year. By that time, other legislation such as a counter-terrorism Act to still allow detention without trial under special circumstances and under judicial review can be introduced.

That will have the effect of setting a timetable for the implementation of the proposed changes already announced so that no one will doubt that the Government is serious about implementing the promises.

Already, there is talk that some sections within the ruling party and some parts of the police force are opposed to the repeal of the ISA and the Banishment Act. But these people must not be permitted to stop – or even delay – the reform process set into motion by the Prime Minister.

Simultaneous with the rapid implementation of the announced measures is the necessity to do an urgent yet comprehensive review of existing laws to expand the public space and bring forth important issues to be debated maturely and openly – with no threat from any party.

The proposal to remove the yearly licensing requirement for publications including newspapers under the Printing Presses and Publications Act is a relief, but a small one. The Home Ministry still wields disproportionate power and has the right to stop publication at any time without there being any recourse to the courts.

For the full flowering of legitimate expression across the board, it will be necessary to repeal fully this Act. That of course does not mean we are free to publish whatever we want because we will still be subject to provisions of the law for defamation, sedition, secrecy and so on. There is still adequate check and balance.

Another piece of draconian legislation that needs to be reviewed is the Official Secrets Act (OSA). This Act was amended in the eighties to provide for mandatory jail sentence and gave the Government the right to determine what affected national security without review by the courts.

In practical terms, this has prevented many issues of great public interest such as toll agreements to come out into the open. In practical terms, the Government could classify the number of cups of coffee consumed in a departmental canteen as a secret and anyone who reported it could be convicted under the OSA and go to jail for a minimum one year.

New legislation should be worded such that it respects secrecy when it involves issues of national security, not cover up inefficiency, incompetence or breach of trust by the Government. That would help ensure a more accountable government.

One other Act which deserves mention is the University and University Colleges Act that prevents local students from taking part in political activities and being aligned to political parties. This is strange considering that many of our founding fathers were political activists from their student days.

They may be students but they are also adults and as adults should play their full role in society, including taking part in political activities. That is part and parcel of developing their maturity and making them better members of society in future.

There is no doubt many other pieces of legislation need to be reviewed and the task is momentous. However, momentous as it is, the momentum that has been created by the announcement of the proposals must not be lost. We must press on relentlessly.

Momentum is of the utmost importance for change to take place. We need to turn the wheels of transformation faster instead of slowing them down with all manner of unfounded excuses. Malaysia and Malaysians have to move forward and quickly.

> Managing editor P. Gunasegaram believes in the old axiom that change is the only constant.

Related posts:

Towards a brave new Malaysia, keep lobbying and pushing for change!

Winds of change blowing in Malaysia; Dawn of a new era?   

Obama Wants $1.5 Trillion In Tax Hikes, Mostly On Rich, Draws Election Battle Lines






Janet Novack
Janet Novack, Forbes Staff I write from D.C. about tax and retirement policy and planning.

Official presidential portrait of Barack Obama...Image via Wikipedia President Barack Obama will call today for an additional $3.2 trillion in deficit reduction over the next decade, including $1.5 trillion in tax hikes, mostly on the rich. His plan also includes $1.1 trillion in savings from winding down the wars in Iraq and Afghanistan and $580 billion in savings from “mandatory” programs, including $248 billion in Medicare cuts, but significantly, no increase in the age for Medicare eligibility and no Social Security trims.

Contrary to earlier press reports, however, the plan Obama is sending to Congress’ Joint Select Committee On Deficit Reduction—the so-called Super Committee– won’t include a special  new  millionaire’s tax. Instead, Administration officials said in a background briefing with reporters Sunday night, Obama will call for tax reform to be based on five principles and one of those will be the “Buffett rule”—in honor of Berkshire Hathaway CEO Warren Buffett who has complained for years that he pays taxes at a lower rate than his secretary.  An official put the rule this way: “People making more than $1 million should not pay a smaller share of their income in taxes than middle class people pay.”  The other four principles, he added, are that tax reform should lower rates; reduce the deficit (in other words raise taxes) by $1.5 trillion over 10 years; close “wasteful loopholes and tax breaks”; and “boost job creation and growth.”


Republicans, too, favor tax reform and lower rates, but have ruled out raising any new revenue. On Thursday House Speaker John Boehner (R-Ohio) declared tax increases “off the table”.  In an interview on NBC’s Meet The Press show Sunday, Senate Minority Leader Mitch McConnell (R-KY) dismissed any consideration of tax increases as “a bad thing to do in the middle of an economic downturn.”

The August political deal that raised the nation’s debt ceiling and averted a Treasury debt default created the Super Committee and charged it with coming up with a plan by Thanksgiving to trim at least $1.2 trillion from the deficit over 10 years. The Super Committee is  made up of six Democrats and six Republicans and if it deadlocks—or its final product is voted down by Congress or vetoed by Obama–automatic budget cuts would kick in. Republicans insist the $1.2 trillion should come solely from cuts to spending, including to entitlement programs like Medicare and Medicaid.

Significantly, the Administration official said Obama is making his embrace of Medicare cuts contingent on tax increases being included in the final deal.  “He’ll say he’ll veto any bill that takes one dime from the Medicare seniors rely on without asking the wealthy and the biggest corporations to pay their share,’’ the official said in a preview of Obama’s remarks. In another move that should similarly please his restive Democratic base, Obama is excluding from his proposal any change  to Social Security, including a reduction in inflation adjustments for Social Security recipients that was part of a bigger deal he tried to strike with Boehner in July. “It’s his vision,  not a legislative compromise,” an Administration official explained. “It’s inherently different form the grand bargain he was working on with the Speaker.”  A higher age for Medicare eligibility was also, reportedly, considered as part of the failed bargain with Boehner but won’t be in Obama’s proposal. (Currently, Americans become eligible at 65 even if they haven’t yet claimed their Social Security benefits.)



In the Sunday night preview, Administration officials cast Obama’s plan as a total of $4.4 trillion in net deficit reduction —including cuts that were made in discretionary spending as part of the August deal and prospective savings on interest costs. (While Republicans are sure to dismiss Obama’s counting of war savings, they have done the same thing in their deficit plans.)  Moreover, an Administration official noted, the $4.4 trillion is net of the cost of Obama $447 billion “jobs” proposal—a package of payroll tax cuts, infrastructure spending, and help for the unemployed designed to attack the nation’s stubbornly high 9.1% unemployment rate. Obama has proposed paying for that too with tax hikes Republicans have rejected, including a limit on mortgage, charitable and other deductions for the well off; elimination of the “carried interest” tax break enjoyed by the managers of hedge funds and other partnerships; and the repeal of various tax preferences enjoyed by oil and gas producers, including Exxon Mobil,  Chevron and BP.

Indeed, most of Obama’s tax proposals will apparently repeat those he has made before. For example, $800 billion would come from letting the Bush tax cuts for families earning more than $250,000 expire at the end of 2012, meaning the top rate on ordinary income such as salary would rise from 35% to 39.6%. Last month, in a New York Times op-ed, Buffett called for two higher tax rates—one on income over $1 million and the other on income over $10 million. Published reports over the weekend variously suggested Obama would endorse a new millionaire’s rate or release some sort of proposal for a minimum tax on millionaires—say to replace the current convoluted alternative minimum tax.  But Sunday night, the Administration official said the Buffett rule was simply a principle for tax reform.

Most people earning more than $1 million are already taxed at a higher effective rate than their secretaries. In 2008, for example, taxpayers with adjusted gross income between $1 million and $10 million paid an average of 24.5% of their adjusted gross in federal income tax, compared with an average of 12.6% for those earning $100,000 to $200,000, and 8.4%  for those earning $50,000 to $100,000. But the 400 highest income taxpayers do pay a lower effective rate  than mere millionaires—an average of just 18.1% in 2008. That’s because the top 400 get the bulk of their income from capital gains, which are taxed at a top rate of 15%, scheduled to rise to 20% when the Bush tax cuts expire at the end of 2012. If tax reform is to insure that billionaires pay a higher effective rate than the upper middle and middle class it would have to reduce or eliminate the break for capital gains—something that was done in Reagan’s 1986 tax reform but that doesn’t sit well with most Republicans today.

Obama tax plan draws election battle lines
Stephen Collinson 
An impassioned US President Barack Obama has set up an acerbic and personal clash with Republicans, demanding $US1.5 trillion ($A1.47 trillion) in new taxes on the rich in a plan aimed at slashing the deficit.
"This is not class warfare, it is math," Obama declared, arguing that without tax increases on those who could afford it, the budget gap - which is casting a shadow over future generations of Americans - could never be closed.

"All I'm saying is that those who have done well, including me, should pay their fair share in taxes," Obama said in a speech that effectively staked out the ground on which the 2012 presidential election will likely be fought.

But Republicans immediately came out against the move, making it more likely that a fierce partisan row over taxes and spending will rumble on and define the terrain of the 2012 presidential election.

"Pitting one group of Americans against another is not leadership," said Republican House Speaker John Boehner.

A fiery, populist Obama laid out a plan few experts believe has any chance of passing Congress but which will make clear the battle lines between the White House and Republicans on the lumbering economy.

"We can't just cut our way out of this hole," Obama said in the White House Rose Garden, laying out his plans to cut $US3.0 trillion from the deficit with a mixture of spending cuts and tax hikes.

"It is only right we ask everyone to pay their fair share," Obama said, in a direct challenge to House of Representatives speaker John Boehner, who has categorically ruled out any tax increases to trim the budget gap.

"We can't afford these special lower rates for the wealthy. We can't afford them when we are running these big deficits," Obama said, fighting for the end of tax cuts for the rich passed by former president George W Bush.

"Middle class taxpayers shouldn't pay higher taxes than millionaires and billionaires. That's pretty straightforward. It's hard to argue against that," said Obama, who has seen his approval ratings hammered by the slowed economy.

In a sign of the antipathy between Obama and Republican leaders after months of political confrontations, the president took personal aim at Boehner's refusal to contemplate any tax revenue raises.

"The speaker says we can't have it 'my way or the highway' and then basically says 'my way or the highway'."

"That's not smart. It's not right."

Obama's plan amounted to suggestions to a congressional supercommittee charged with finding up to $US1.5 trillion in deficit cuts by November.

The president threatened to veto any bill produced by Congress that was based on cutting medical benefits for the elderly but did not include increased revenues drawn from higher taxes on the rich and corporations.

Obama's plan effectively forced Republicans to defend continued favourable tax treatment for the wealthiest Americans and corporations while unemployment is at 9.1 per cent and economic frustration stalks the United States.

But Republicans, who say tax hikes would penalise small business and lower growth, reacted with contempt to his speech.

"Veto threats, a massive tax hike, phantom savings, and punting on entitlement reform is not a recipe for economic or job growth-or even meaningful deficit reduction," said Mitch McConnell, the top Republican in the Senate.

Mitt Romney, a leading Republican contender to take on Obama in the 2012 election, also rejected his plans as the action of a president who he portrays as out of his depth on the economy.

"President Obama's plan to raise taxes will have a crushing impact on economic growth," Romney said.

"This is yet another indication that President Obama has no clue how to bring our economy back."

Obama's plan includes $US1.2 trillion in cuts in federal discretionary spending already agreed in August as part of a compromise which ended a standoff with Republicans over raising the federal debt ceiling.

It includes $US580 billion in spending cuts across all mandatory spending programs and $US1.1 trillion of savings realised from drawing down US troop numbers in Afghanistan and Iraq.

Tax reform would result in $US1.5 trillion in savings, and a further $US430 billion will be found in additional interest savings elsewhere.

Included in the spending cuts will be $US248 billion in savings from Medicare programs for the elderly and $US72 billion in cuts from the Medicaid service for the poor, officials said.

© 2011 AFP
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