IF Penang Chief minister Lim Guan Eng ends up in jail for the corruption and abuse of power‎ charges hanging over his head, this is what will happen within 24 hours: nothing remarkable.

His successor, Chow Kon Yeow, will move to the 28th floor of the Komtar building and occupy the CM’s office and there will be a meeting of the state’s executive councillors to discuss a slew of issues, ranging from transport to land. 

There will be no aftershocks after the jailing of Lim, the transfer of power will be seamless and all will be well with the administration of the state. At least that is what the CM hopes will happen. 

In reality, his absence could hurt the DAP-led government. While he proclaims Penang as having “best state government in Malaysia” and has some impressive statistics to suggest that this is more than hyperbole, it is also a fact that his micro-managing style has been the impetus for some of the reforms in the state. 

Truth be told, not everyone is enamoured with Lim’s bold, determined, brash, outspoken and at times, arrogant style. Even party insiders wonder if confrontation with the media and other groups is beneficial.

But even his critics concede that it is often his decisive and hard decision-making that has helped Penang push ahead, instead of being bogged in endless discussions.

Chow is the polar opposite of the CM. 

He is soft-spoken and diplomatic.  

Still, in a recent interview with The Malaysian Insight, Guan Eng insisted: “We have a good team, with the exception of one or two mavericks, but I think we have the best state government in Malaysia.

“The state is in good hands.”

Lim said Penang’s success over the past nine years was a result of “team work by people who have been working very hard”.

List of achievements

Lim, an economics graduate and a certified accountant, rattled off what had been achieved since taking over the control of the state from Barisan Nasional in 2008.

During his tenure, Penang introduced competitive open tender for government projects, recorded annual budget surpluses that reached RM500 million in eight years, reduced state debts by 90% and attracted domestic and foreign investments worth RM55 billion between 2008 and 2015.

The administration upped cash aid for schools not fully funded by Putrajaya and introduced a number of welfare schemes – distributing more than RM400 million to 1.6 million citizens and schools to date.

Funding for Islamic affairs development also increased and the Penang International Halal Hub – now worth RM484.2 million in investments – was set up in 2008.

There is also rapid development in the form of residential and commercial properties, a world-class theme park, convention centre, hotel, public recreational space and other mega-projects, including reclamation projects like the proposed Penang South Reclamation to fund the multi-billion ringgit Penang Transport Master Plan (PTMP).

While state investment arm Penang Development Corporation and other property developers build affordable homes, the government introduced a RM500 million Public and Affordable Housing Fund and partnered with developers to revive abandoned projects, like the Majestic Heights phase 2A homes in Paya Terubong.

Tourism also flourished with George Town’s Unesco world heritage listing in 2008, the redevelopment of tourist destinations like Penang Hill, and the state’s support of arts and cultural developments in the form of the world-famous George Town Festival, Butterworth Fringe Festival and proposed RM30 million Penang Arts District project.

“People can see, touch and feel the positive changes… people I met told me how uplifted they felt with the transformation.”

Prepared for the worst, succession plan in place

There is also a sense that the end is near for Lim. People don’t broach the subject of his date in court with him but elsewhere, it is discussed openly.

The consensus is that he will have a tough time defeating the corruption and abuse of power charges.

Last June, Lim was charged with obtaining gratification for himself and his wife, Betty Chew, by approving the conversion of two agricultural land lots belonging to Magnificent Emblem into residential development while chairing a State Planning Committee meeting on July 18, 2014.

The offence under Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act carries a jail term of up to 20 years and a fine of at least five times the value of gratification or RM10,000, whichever is higher.

Lim also faces another charge under Section 165 of the Penal Code for allegedly using his position to obtain gratification by purchasing the Pinhorn Road bungalow – his private home – from businesswoman Phang Li Khoon at RM2.8 million, below the market value of RM4.27 million, on July 28, 2015. The offence carries a maximum two years’ jail, fine, or both.

Phang, who was formerly Lim’s landlady is charged with abetment and faces up to two years’ jail or a fine, or both.

Both have pleaded not guilty. Their cases were supposed to be jointly heard at the Penang High Court between March and July 2017, but have since been postponed pending their application to the Court of Appeals to challenge the MACC Act and declare Section 62 as “unconstitutional and void”.

Section 62 states that once the prosecution submits documents pursuant to Section 51A of the Criminal Procedure Code, the accused shall submit a statement of defence and a copy of any document that can be presented as part of the evidence for the defence, before the trial begins.

If he is convicted, this will be the second time Lim is convicted for a criminal offence. In 1987, he was detained under the Internal Security Act and jailed a year in 1998 for sedition after he accused prosecutors of letting off a former Malacca chief minister for allegedly raping a minor.

While leaving it to the court to decide, he insisted that this was an effort by Barisan Nasional to frame him with “fictitious and false charges” and prevent him from contesting in the next general election.

“This is something I have to accept as part of my political struggle, but I feel for my family. They will be the most heartbroken by it,” said the father of four.

Prepared for the worst, Lim has endorsed Chow as his successor.

Chow, 58, a former The National Echo journalist and a former political secretary to DAP veteran Lim Kit Siang – has led Penang DAP as chairman since 1999, and is one of the current five DAP vice-chairmen.

He was Tanjong MP from 1999 to 2013 and since 2008, Padang Kota assemblyman and state exco for local government, traffic management and flood mitigation – some of the most critical portfolios.

Lim said he and Chow were close, and they complemented and trusted each other.

“Sometimes Chow pulls my jacket if I am going to fast but when we need to go fast, he will quicken his steps.

“Yes, he can lead Penang to greater heights together with the team. We have the political stability and common goals and directions.”

The next chief minister

Penang women, family and community development, youth and sports exco Chong Eng said DAP members were no strangers to tough times and functioning under pressure, so she believed Chow would be an effective leader in Komtar.

“Chow has led Penang DAP since the late 1990s, and even then, senior party leaders could already see his potential and predicted that he would go far.

“He holds the most senior exco position under Lim’s leadership, so I am confident that Chow will be an effective CM, although his style of leadership is very different,” the DAP veteran said.

Deputy Chief Minister (I) Mohd Rashid Hasnon said all the excos expected to keep working hard as a team with Lim, Chow or anyone who took over.

The focus, he said, was moving Penang forward in the next five-year term and upholding Pakatan Harapan’s reform agenda.

“We have nine years of experience in government, and each exco has been well-assigned to his or her respective portfolios by the CM.

Expecting little change  

The state BN opposition has taken issue with the fast-paced development, proposed reclamation projects, land sales and cases of illegal hill clearing. They expect the new CM to follow the Lim playbook.

Penang opposition leader Jahara Hamid said: “If a new captain is coming, then I hope he steers better, and not go too fast to the point of taking dangerous routes that may cause the ship to sink along the way.”

Pulau Betong rep Muhamad Farid Saad said the new chief minister would “follow the wishes of the Lim family”, but he believed Lim might still be CM for a long time.

“His court case may drag on, even after the 15th general election has come and gone, so he may still remain CM and Chow will have to wait a long time,” the three-term BN rep said. – April 4, 2017.