Banking Royal Commission: no commissions, no exemptions, no fees without permission. Hayne gets the government to do a U-turn



File 20190201 108351 1n512x1.jpg?ixlib=rb 1.1
The government is acting on all 76 of Justice Hayne’s recommendations.
Peter Martin, CC BY-SA

Peter Martin, The Conversation

Treasurer Josh Frydenberg was glossing over history when he said the final report of the banking royal commission “endorsed many of the themes and individual reforms the government is currently pursuing”.

In fact, on coming to office in late 2013, his government – through Finance Minister Mathias Cormann – did the opposite.

Instead of extending provisions in the law that financial service providers act in the “best interests” of their clients, it tried to remove them, pressing Senate independents to have them excised from the at-the-time unimplemented Future of Financial Advice Act.




Read more:
Six questions our banks need to answer to regain trust


It argued there would be greater certainty if advisers were merely required to fulfill a number of specific requirements rather than to act in the overall best interests of their clients.

It’s a checklist approach Justice Kenneth Hayne dismisses, saying it has encouraged advisers to pursue a “good enough” outcome “instead of the best interests of the relevant clients or members”.

“The more complicated the law, the harder it is to see unifying and informing principles and purposes,” the report says. “Exceptions and limitations encourage literal application and focusing on boundary‑marking and categorisation.”

What’s important is that the intent of the law is met, “rather
than merely its terms complied with”.

Hayne wants laws rewritten to draw explicit connections between their requirements and what they are trying to achieve.

Such rewriting will make it clear that “exceptions and carve outs like grandfathered commissions constitute a departure from applying the relevant fundamental norm”.

The Coalition fought hard to allow financial advisers to continue to receive some grandfathered commissions – commissions their customers were signed up to before laws outlawing commissions came into place.

Hayne wants all grandfathering to go “as soon as is reasonably practicable”.


Read the response: Government Response to Royal Commission final report


Frydenberg has agreed. From January 1, 2021 all grandfathering will go, and any previously grandfathered payments to advisers from clients accounts will be handed back to clients where they can reasonably be identified.

Ongoing fees taken from clients accounts will need to be specifically reauthorised each year, a proposal neither the Coalition nor Labor put forward in negotiations over the Future of Financial Advice Act, settling on reauthorisation every two years in order to avoid paperwork.

Frydenberg has accepted the recommendation, without a start date.

Hayne wants all commissions to mortgage brokers banned so that the borrower, not the lender, pays the broker a fee.

He wants the changes made over a period of two or three years, first by banning so-called annual trailing commissions that last the length of the loans, and then by banning upfront commissions.

Frydenberg will ban trailing commissions from July 1, 2020 and will ask the Council of Financial Regulators and the Australian Competition and Consumer Commission to review in three years’ time the implications of moving to full consumer-pays.

Hayne’s point is that buyers of financial products of all types often assume the person standing between them and the provider is acting in their interests. They need not be when they are being paid by the provider.

The interests of client, intermediary and provider of a product or service are not only different, they are opposed.

An intermediary who seeks to stand in “more than one canoe” cannot. Duty (to client) and (self) interest
pull in opposite directions.

Hayne’s three key themes are now government policy:

  • no conflicted remuneration

  • no exemptions, including grandfathered arrangements

  • explicit consent for payments.

Financial industry laws and regulations will apply more broadly than they have. Funeral insurance will no longer be exempted. Car dealers will face a limit on the fee they can get for selling add-on insurance.

And retailers won’t be able to sell add-on insurance at the same time as the products themselves. Frydenberg said that people buying mobile phones were being sold screen insurance that cost more than the replacement of the screens.

“Hawking”, unsolicited phone calls and pitches for superannuation and insurance and other products, will be prohibited. Lenders to farmers won’t be able to charge high default interest rates during droughts or when there is no realistic prospect of recovering the money.

Banks won’t be able to offer overdrafts on basic accounts without the formal approval of the accounts’ owners, they won’t be able to charge dishonour fees on basic accounts, they will have to value agricultural land used as security for loans independently of the people who decide whether to grant the loans.

Superannuation fund trustees won’t be able to work for other parts of the conglomerate that owns the fund giving them a conflict of interest, and trustees and directors will be subject to civil penalties if they fail to act in the fund members’ best interests.

Each Australian will be defaulted into (“stapled” onto) only one superannuation account once at the beginning of their working life instead of into several as they change jobs as is required by awards and industrial agreements. The Productivity Commission estimated these multiple accounts cost super fund members A$10 billion per year in unnecessary fees.

Australia’s much-criticised “twin peaks” model of regulation shared between the Australian Securities and Investments Commission and the Australian Prudential Regulation Authority, will stay, although they will be subject to a new independent oversight body that will report on their performance every two years. They will also need to prepare and maintain a joint co-operation memorandum.

In any investigation ASIC will have to have as a starting point the question of whether a case should be taken to court. Infringement notices should mainly be reserved for administrative rather than deliberate failings.




Read more:
Compensation scheme to follow Hayne’s indictment of financial sector


Hayne says too often, banks and other financial services entities that broke the law were not properly held to account.

Misconduct will be deterred only if entities believe that misconduct will be detected, denounced and justly punished.

Misconduct, especially misconduct that yields profit, is not deterred by requiring those who are found to have done wrong to do no more than pay compensation. And wrongdoing is not denounced by issuing a media release.

He says in almost every case, bad conduct was driven not only by the firm’s pursuit of profit but also by individuals’ pursuit of gain.

Providing a service to customers was relegated to second place. Sales became all important. Those who dealt with customers became sellers. And the confusion of roles extended well beyond front line service staff. Advisers became sellers and sellers became advisers.

Rewarding misconduct is wrong. Yet incentive, bonus and commission schemes throughout the financial services industry have measured sales and profit, but not compliance with the law and proper standards. Rewards have been paid regardless of whether the person rewarded should have done what they did.

Frydenberg says he is taking action on all 76 recommendations.

He’ll set up an industry-funded compensation scheme able to payout over misconduct over the past ten years.

And 24 specific acts of misconduct have been referred to authorities, covering every big financial firm other than Westpac.The Conversation

Peter Martin, Section Editor, Business and Economy, The Conversation

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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India: Persecution News Update


The link below is to an article that reports on persecution news from India, where you now must get permission to convert to Christianity in at least one state.

For more visit:
http://www.christianitytoday.com/gleanings/2013/july/india-madhya-pradesh-anti-conversion-bill.html

Facebook: Email Outrage


  1. Facebook just doesn’t learn. If there’s something that Facebook should know by now it’s that the social network’s users don’t like things being forced upon them and having their settings changed without notification and permission. Yet despite this, Facebook has done it again and changed everyone’s default email setting to that of a Facebook email address. Poor form Facebook, poor form. It really annoyed me to find it so today, but thankfully I have processes in place that should warn be of such Facebook ineptness before too much harm is done. Not so for all, so hopefully this story will bring awareness to others, as well as providing information as to how it can be corrected.

India Briefs


Recent Incidents of Persecution

Karnataka, India, April 15 (CDN) — Police on April 10 arrested a pastor and other Christians of the New India Church in Mysore after some 25 Hindu extremists from the Sreeram Sena attacked their Sunday service, accusing them of forcible conversions, reported the Mathrubhumi daily. Pastor Vinod Chacko was leading the service when the Hindu nationalists barged into the church, stopped the prayer service and complained to police of alleged forcible conversions. The Global Council of Indian Christians reported that the extremists along with police detained the worshippers inside the church building, including 20 women and 10 children, taking down personal details about them and asking them whether they were paid money or otherwise lured to attend. Police also seized vehicles belonging to the church and those attending the service. Police charged Pastor Chacko, his wife Asha and others identified only as Sabu, Simon and Sayazu under section 295A of the Indian Penal Code with “deliberate and malicious acts intended to outrage religious feelings.”

New Delhi – A mob of about 150 Hindu extremists on April 9 attacked a Christian worship meeting in Bhajanpura, East Delhi, beating Christians with clubs and stones, including women and children. Pastor Solomon King told Compass that the Assembly of God church organized an open-air “Festival of Deliverance” meeting at which he was speaking; there were about 150 people in the arena when he arrived with 40 choir members. After the meeting began at about 6 p.m., some present suddenly shouted “Jai Shri Ram [Praise Lord Ram]” and started beating the Christians. Two Christians identified only as Prabhu and Abhisek sustained head injuries and received hospital treatment. Pastor King, his wife and other Christians also suffered bruises. The intolerant Hindus also destroyed furniture, a sound system, a generator and some Christians’ vehicle. The Christians had received permission from government officials to conduct the worship meeting, and five police officers were on duty to protect it; the Hindu extremists also severely beat them. The attack lasted for about an hour before police reinforcements arrived, and the extremists fled. Police were able to arrest two of the assailants.

Madhya Pradesh – An enraged mob of Hindu extremists on April 7 stormed into the prayer meeting of a Christian Assembly house church shouting anti-Christian slogans and filed a police complaint of forceful conversion against those present in Sagar. The Hindu extremists accused Pastor Joy Thomas Philip of forceful conversion, Pastor C.P. Mathew of Bhopal told Compass. Police arrived and took Pastor Philip and three other Christians into custody for questioning but claimed it was a protective measure. After area Christian leaders’ intervention, the Christians were released on bail on April 9.

Karnataka – Mulki Circle police officials on April 4 forcibly took church documents from Hebron Assembly Church in Mulki and told the pastor not to allow any Hindus to enter. The Global Council of Indian Christians reported that officials identified only as Inspector Shivaprakash and Sub-Inspector Neelakanta, along with five police officers, verbally abused Pastor I.D. Prasanna and harshly denigrated church activities. Police officials questioned Pastor Prasanna for three hours, telling him what church activities he can and cannot undertake, and threatening to close the church if he disobeyed. They also ordered the pastor to give detailed information about the families that attended the church service.

Karnataka – Police in Shimago on April 3 detained Pastor Abraham K.G. and a Christian identified only as Eerappa for their faith in Christ. The Global Council of Indian Christians (GCIC) reported that Hindu extremists led by area Bajrang Dal member Subbraya Shetty interrupted the worship meeting of the Jehovah Nizzi church and warned them to stop meeting. The extremists had been harassing the pastor since March 27, reported the GCIC. As the April 3 service started at about 10:30 a.m., a sub-inspector from the Hosanagara police station arrived in a Jeep with three other police officers to make the arrests. When the Christians asked about the reasons, the officials said without basis that the Christians were using abusive language. Later that evening, police released the Christians without charges after taking a statement from them pledging that they would conduct no future worship meetings – and that they should leave the area.

Report from Compass Direct News
http://www.compassdirect.org

Unprecedented Appearance of Foreign Evangelist in Vietnam


Luis Palau preaches at Protestant centennial in spite of government putting up obstacles to event.

HO CHI MINH CITY, Vietnam, April 11 (CDN) — The first appearance by a U.S.-based evangelist preaching at a major event since the 1975 communist victory in Vietnam helped the country’s Protestants to celebrate their centennial last weekend after government officials gave last-minute approval.

In what seems to have become standard government procedure in Vietnam, permission requested months in advance was granted – at a venue several kilometers from the one organizers sought – just three hours before the first major celebration of the Centennial of Protestantism in Vietnam (1911-2011) at Thanh Long Stadium in Ho Chi Minh City on Saturday (April 9) was scheduled to begin. Argentine-born Luis Palau, who has preached in person to 28 million people in 72 countries, delivered the gospel
message.

A second night of celebration began at 7 p.m. on Sunday.

The venue change meant equipment staged in one part of the city had to be moved to the new location before it could be assembled, church leaders said. It also meant notifying many thousands of people invited to one venue about the change to the other, they said.

Given the lack of government cooperation, the leader of Vietnam’s Evangelical Fellowship (of house churches) said the fact that the event went ahead at all was “an absolute miracle.”

By word-of-mouth, Internet, Twitter, Facebook, and especially phone texting, thousands of people got word of the change as technicians and hundreds of volunteers made heroic efforts to ready the stadium. Vietnamese police proved surprisingly helpful in redirecting people from the original site to the new location.

At 9 p.m. – two hours after the schedule start – huge banners reading “PRAY FOR VIETNAM” and “GOD LOVES VIETNAM” were unfurled to welcome the Luis Palau Team and thousands of people to the festival, which joyfully combined the centennial celebration with Easter.

After opening prayers and welcome by Vietnamese leaders, Palau’s son Andrew Palau gave testimony to how God delivered him from alcoholism and drug addiction and called him to Christian service. An Intel Corp. vice-president also gave testimony to how God blessed his life and his business. Pastor-musician Don Moen, known for songs such as “Give Thanks,” “God is so Good,” and “God will Make a Way,” provided inspirational music followed by exuberant congregational singing.

Palau began his message at 11 p.m., delivering a concise and clear evangelistic sermon, and about 800 came forward as he invited people to receive Christ. It was after midnight before people began to depart for their homes.

The second celebration proceeded Sunday evening (April 10) in a more orderly and timely fashion. More than 12,000 people filled the seats and most of the chairs set up on the stadium field. In response to Palau’s second message, more than 1,000 people, according to one organizer, came forward in response to the call to follow Christ.

Photos and Vietnamese text on the events are readily available at http://www.hoithanh.com, and clips of the arrival of Palau and Moen in Vietnam may be found on YouTube. They were welcomed at Ho Chi Minh City’s Tan Son Nhut airport by hundreds of enthusiastic young people carrying banners and flowers.

Dr. Nguyen Xuan Duc, president of the Vietnam World Christian Fellowship, said he was very encouraged about the future of the church in Vietnam.

“These are watershed days for Protestantism in Vietnam,” he said. “There is no fear, but rather wonderful spontaneity and irrepressible joy. Events like this happen in spite of the government and without the blessing of some overly conservative church leaders. What we see is young, vibrant, lay-led, internationally connected and very media-savvy.”

While Moen, Palau and others spoke on Sunday night, also appearing in Ho Chi Minh City was iconic singer/songwriter Bob Dylan – whose performance sold only about half of the 8,000 seats at RMIT university.

A week before in Beijing, censors who reviewed Dylan’s song list allowed an unabashedly Christian song beginning, “Jesus said be ready for you know not the hour in which I come,” but did not allow “Blowin’ in the Wind” and “The Times They Are A-Changin’,” according to The Associated Press. Brad Adams of Human Rights Watch complained that, in an earlier day, Dylan – whose music contributed to opposition to the Vietnam War – would never have let a government tell him what to sing, according to the AP.  

Vietnamese organizers and the Palau team now travel north to Hanoi for similar events on Friday and Saturday (April 15-16). As yet there is no indication whether authorities there will be more accommodating than they were in Ho Chi Minh City.

Report from Compass Direct News
http://www.compassdirect.org

China Keeps Church Leaders from Public Worship Attempt


Police put pastors under house arrest over weekend, before detaining at least 160 on Sunday.

DUBLIN, April 11 (CDN) — Police in China held “about two dozen” pastors and elders of Beijing’s Shouwang Church under house arrest or at police stations over the weekend to keep them from attending a Sunday worship service in a public location, according to Bob Fu of the China Aid Association.

Three top leaders of the church remain in jail and several others are under strict surveillance after  hundreds of Chinese police yesterday cordoned off the walkway to a third-floor outdoor meeting area adjacent to a property purchased by the church in Haidian district, Beijing, and arrested at least 160 members of the 1,000-strong church as they tried to assemble.

The church members were bundled into waiting vans and buses to prevent them from meeting as planned in the public space, Reuters and The Associated Press (AP) reported, and most had been released by today.

Church leaders claimed officials had pressured their landlords, forcing them out of both rented and purchased locations and leaving them no choice but to worship in the open.

“The government cornered them into making this decision,” Fu said, adding that the church had initially tried to register with the government. “They waited for two years, and when the government still denied them registration, they tried to keep a low profile before finally deciding to buy the Daheng New Epoch Technology building.”

Shouwang is a very unique church, he said.

“Most members are well-educated, and they include China’s top religious scholars and even former government officials, which may be a factor in the government’s response to them,” he said.

As one of the largest house churches in Beijing, Shouwang is unique in insisting on meeting together rather than splitting the congregation into smaller groups meeting in several locations, Fu said. Zion church, for example, may have more members than Shouwang, but members meet in smaller groups across the city.

“This is based on the founding fathers’ vision for Shouwang Church to be a ‘city on a hill,’” as stated in the Bible in Matthew chapter five, Fu explained. “So they’ve made a conscious decision not to go back to the small-group model. Either the government gives them the keys to their building or gives them written permission to worship in another location, or they will continue meeting in the open.”

Police arrested anyone who showed up to take part in the service, AP reported.

 

‘Most Basic Necessity’

Church leaders last week issued a statement to the congregation explaining their decision to meet outdoors.

“It may not be the best decision, but at this time it is an inevitable one,” the statement said, before reminding church members that the landlord of their premises at the time, the Old Story Club restaurant, had come under government pressure and repeatedly asked them to leave, while the previous owners of the Daheng New Epoch Technology building, purchased a year ago by the church for 27.5 million RMB (US$4.2 million), had refused to hand over the keys. (See, “Church in China to Risk Worshipping in Park,” April 7.)

The church had already met outdoors twice in November 2009 before officials gave tacit consent to move to the Old Story Club restaurant. Officials, however, again prevented Shouwang Church from meeting in May and August of last year.

Fu said it was common for government officials across China to pressure landlords into revoking leases for house church groups.

“For example, right now I know of at least two churches that were made ‘homeless’ in Guangzhou this week, including one church with at least 200 members,” he said.

Shouwang’s statement pointed to Article 36 of China’s Constitution, which grants every citizen freedom to worship, and the Universal Declaration of Human Rights, ratified by China, which states that every citizen has the right to observe his religion or belief “either alone or in community with others and in public or private.”

For this reason the church planned to meet outdoors until officials granted legal, written permission to worship in an approved location – preferably at the building purchased by the church.

The document also advised church members not to resist if they were held under house arrest or arrested at the Sunday venue.

“Objectively speaking, our outdoor worship must deliver this message to the various departments of our government: attending Sunday worship is the most basic necessity for Christians in their life of faith,” the statement concluded.

The number of Protestant house church Christians in China is estimated at between 45 and 60 million, according to Yu Jianrong, a professor at the Chinese Academy of Social Sciences Rural Development Institute, with a further 18 to 30 million people attending government-approved churches.

Report from Compass Direct News
http://www.compassdirect.org

Malaysian Christians Seek to End Restrictions on Malay Bibles


Federation calls for removal of ‘every impediment’ to importing and printing Scripture.

KUALA LUMPUR, Malaysia, April 6 (CDN) — Christian importers of Bibles that Malaysian officials detained are balking at conditions the government has imposed for their release, such as defacement of the sacred books with official stamps.

The Home Ministry stamped the words, “This Good News [Malay] Bible is for use by Christians only” on 5,100 Bibles without consulting the importer, the Bible Society of Malaysia (BSM), which initially refused to collect them as it had neither accepted nor agreed to the conditions. The Home Ministry applied the stamp a day after the government on March 15 issued a release order for the Bibles, which had been detained in Port Klang, 38 kilometers (24 miles) southwest of Kuala Lumpur, since March 20, 2009.

Another 30,000 Bibles detained since Jan. 12 on the island of Borneo remain in port after the Sarawak state Home Ministry told the local chapter of Gideons International that it could collect them if the organization would put the stamp on them. Gideons has thus far declined to do so, and a spokesman said yesterday (April 5) that officials had already defaced the books with the stamp.

The government issued letters of release to both organizations on March 15 under the condition that the books bear the stamp, “Reminder: This Good News [Malay] Bible is for use by Christians only. By order of the Home Minister,” and that the covers must carry a serial number, the official seal of the department and a date.

The Home Ministry’s stamping of the BSM Bibles without the organization’s permission came under fire from the Christian community. In a statement issued on March 17, Bishop Ng Moon Hing, chairman of the Christian Federation of Malaysia (CFM), described the Home Ministry’s action as desecration.

“[The] new conditions imposed on the release of the impounded Bibles … is wholly unacceptable to us,” he added.

Ng described the conditions imposed by the Home Ministry as tantamount to treating the Malay Bible as a “restricted item” and subjecting the word of God to the control of man. In response, Home Minister Hishammuddin Hussein has said the act of stamping and serialization was standard protocol.

 

Government Overtures

In the weeks following the March 15 release order, the government made several attempts to try to appease the Christian community through Idris Jala, a Christian from Sarawak state and a minister in the Prime Minister’s Department.

Idris issued the government’s first statement on March 22, explaining that officials had reduced earlier conditions imposed by the Home Ministry to require only the words, “For Christianity” to be stamped on the covers of the Bible in font type Arial, size 16, in bold.

Idris informed BSM that the Bibles could be collected in their present state or arrangements could be made to have stickers with the words “For Christianity” pasted over the imprint of the stamps made by the Home Ministry officials. In the event that this was not acceptable, the minister pointed out that BSM had the option of having the whole consignment replaced, since the government had received an offer from Christian donors who were prepared to bear the full cost of purchasing new Bibles.

In response, the CFM issued a statement on March 30 saying, “The offer made does address the substantive issues,” and called on the government “to remove every impediment, whether legal or administrative, to the importation, publication, distribution and use of the [Malay Bible] and indeed to protect and defend our right to use the [Malay Bible].”

Bishop Ng, however, left it to the two importers to decide whether to collect the Bibles based on their specific circumstances.

On March 31, BSM collected the mishandled Bibles “to prevent the possibility of further acts of desecration or disrespect.” In a press statement, BSM officials explained that the copies cannot be sold but “will be respectfully preserved as museum pieces and as a heritage for the Christian Church in Malaysia.” The organization also made it clear that it will only accept compensation from the Home Ministry and not from “Christian donors,” a term it viewed suspiciously.

On Saturday (April 2), Idris issued a 10-point statement to try to resolve the impasse. Significantly, this latest overture by the government included the lifting of present restrictions to allow for the local printing and importation of Malay and other indigenous-language Bibles into the country.

In Sarawak and Sabah, there would be no conditions attached to Bibles printed locally or imported. There also would be no prohibitions and restrictions on residents of these two states carrying such Bibles to other states. A significant 64 percent of Malaysian Christians are indigenous people from Sabah and Sarawak states who use the Malay language in their daily life, and having the Bible in the Malay language is considered critical to the practice of their Christian faith.

In the case of West Malaysia, however, in view of its larger Muslim population, the government imposed the condition that the Bibles must have the words “Christian publication” and the sign of the cross printed on the front covers.

 

Christian Response

Most Christians responded to this latest overture with caution. Many remained skeptical, seeing it as a politically motivated move in view of Sarawak state elections on April 16. Nearly half of Sarawak’s population is Christian.

Bolly Lapok, an Anglican priest, told the online news agency Malaysian Insider, “It’s an assurance, but we have been given such assurances before.” BSM General-Secretary the Rev. Simon Wong reportedly expressed the same sentiments, saying the Home Ministry already has a record of breaking its word.

The Rev. Thomas Phillips of the Mar Thoma Church, who is also president of the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism, questioned the timing of the proposal: “Why, after all these years?”

The youth wing of the Council of Churches rejected the proposal outright, expressing fears that the government was trying to “buy them over” for the Sarawak election, and that it would go back on its word after that.

Bishop Paul Tan, president of the Catholic Bishops’ Conference of Malaysia, called the proposal an “insidious tactic of ‘divide and rule,’” referring to its different requirements imposed on Malaysians separated by the South China Sea. Dr. Ng Kam Weng, research director at Kairos Research Centre, stressed that the proposal “does not address the root problem of the present crisis, i.e. the Allah issue.”

 

Muslim Reactions

The 10-point proposal has also drawn the ire of Muslim groups, who view it as the government caving in to Christian pressure.

Perak Mufti Harussani Zakaria expressed his disappointment, reportedly saying, “If the government does this, just cancel the law,” in reference to various state Islamic enactments that prohibit the use of the word “Allah” and other so-called Islamic terms that led to the banning of the Malay Bible. Malay Bibles have not been allowed to be printed locally for fear that they will utilize “prohibited” words.

The Muslim Organizations in Defense of Islam (Pembela) threatened to challenge the 10-point proposal in court if it was not reviewed in consultation with Muslim representatives.

On the same day Pembela issued its statement, the government seemed to have retracted its earlier commitment. The Home Minister reportedly said talks on the Malay Bibles were still ongoing despite Idris’ 10-point proposal, which purportedly represents the Cabinet’s decision.

As a result, James Redas Noel of the Gideons said yesterday (April 5) that he was confused by the mixed messages coming from the government and will not make a decision on whether to collect the Bibles until he had consulted church leaders on the matter, according to the Malaysian Insider.

The issue with the Malay Bibles is closely tied to the dispute over use of the word “Allah” by non-Muslims.

In a controversial court ruling on Dec. 31, 2009, judge Lau Bee Lan had allowed The Herald, a Catholic newspaper, to use “Allah” for God in the Malay section of its multilingual newspaper.

The Home Ministry filed an appeal against this decision on Jan. 4, 2010. To date, there is no indication as to when the case will be heard.

Christians make up more than 9 percent of Malaysia’s nearly 28 million people, according to Operation World.

Report from Compass Direct News
http://www.compassdirect.org

Vietnam Grants Last-Minute Permit for Christmas Event


Officials present several obstacles to large-scale worship service.

HO CHI MINH CITY, December 29 (CDN) — Granted permission only five hours before a scheduled Christmas event, house church leaders turned an empty field into a rudimentary stadium and welcomed some 20,000 people for a time of worship and evangelism on Sunday (Dec. 26) in Vietnam’s largest city.

The last-minute permission for the event in Ho Chi Minh City reflected the byzantine manner in which authorities have applied Vietnam’s religions laws. The central government’s Bureau of Religious Affairs (BRA) in Hanoi, the body charged with managing religion in communist Vietnam, gave permission for the event to the newly registered Vietnam Assemblies of God (AOG) organization in early December. The Vietnam AOG represents a large grouping of mostly unregistered house churches in the Vietnam Evangelical Fellowship (VEF).

Organizers were grateful for the early permission this year – last year they received only 42 hours notice for an event that 40,000 people attended – but when the AOG superintendent, Pastor Duong Thanh Lam, and other VEF leaders began working out particulars with the Ho Chi Minh City BRA, they met with considerable resistance. After the Ho Chi Minh City BRA finally consented, church leaders said, the organizers found that landlords with potential venues, clearly under pressure, refused to rent them space.

The stand-off lasted until Christmas Day. Meantime, based on the permission from Hanoi, organizers sent invitations to many thousands of Christians in the city and surrounding provinces, and Christians were preparing to come with friends and neighbors to the event, sources said. Some 300 buses, each carrying 60 to 70 passengers, were to bring people from the provinces, they said.

By 11 a.m. on Christmas Day, in spite of official promises, the required permission papers had not yet been granted, church leaders said. Organizers debated whether to push ahead or call off the event – wondering whether communicating word of a cancellation was even possible at that point. Finally at 5 p.m., in an emergency meeting with the city’s ruling People’s Committee, they got a verbal go-ahead and a promise of a written permit.

They said this meant they had only 24 hours to build a perimeter around the field, bring in electricity and water, prepare sanitary facilities, set up chairs, erect a stage, and install the sound and lighting systems.

But the next morning – the Sunday of the planned event – authorities informed organizers that the permission was not for their program but only to provide a place where the buses and people could come so organizers could explain, apologize and send them home, sources said. Organizers said it was another in a series of deeply discouraging betrayals, but that many Christians in Vietnam and worldwide were praying fervently.

Just before noon, a church leader went to the BRA office in a last-ditch attempt to get written permission. He urged officials to think through the possible consequences of many thousands of people arriving in the city for a much anticipated event and finding nothing. Finally at 1 p.m., just five hours before the event was scheduled to start, the BRA issued written permission for a gathering of 5,000 people.

Permission at last in hand, organizers called and text-messaged the many people standing by to help set up to come to the venue in district 12. Sources said they came quickly, like a small army, encountering huge cement culverts and pilings on roads as they approached the venue. These had to be manually removed to allow buses and trucks to enter.

Too late now to set up properly, they said, they did only what was absolutely necessary. They brought in 14,000 chairs on flatbed trucks, and one of the trucks served as the stage. As a backdrop they had time only to put up a large red cross with a white border that, when lit, sources said, stood starkly and powerfully against the night sky.

Crews and volunteers worked feverishly erecting towers and installing sound and lighting systems. Christmas worshippers began arriving in large numbers at 5 p.m., even though people reported authorities had prevented a significant number of buses from embarking on their journey, and that others were intercepted and forced to turn around.

The program began only 30 minutes later than the announced start time of 6 p.m., which organizers regarded as a miracle, and people continued to pour into the venue until well after 7 p.m. while worship music was underway. Those attending enthusiastically participated in loud and joyful praise, and sources cited as especially moving a local choir of hundreds singing “Praise to the Lord, the Almighty.”

As they did last year, the Jackson family of six from the United States sang at the rally. The state-controlled media had earlier given ample coverage to the unique sight of the Christian group giving away their CDs in a busy downtown area.

Pastor Ho Tan Khoa was well into his evangelistic message when the lights went out, although sources said that, miraculously, the sound system was not affected. Thousands of people in the crowd opened their cell phones, lighting the darkness with their digital candles. The failure – or cutting – of the electricity did affect the live video broadcast on www.hoithanh.com , but within about 15 minutes power was restored.

After a song and prayer for healing, Pastor Pham Dinh Nhan asked those who wanted to follow Christ to come forward. Hundreds streamed up, and sources said those who arrived first rushed onto the flatbed truck serving as a stage and clung to the large cross. Organizers estimated 2,000 people indicated a first-time decision to follow Christ.

In a fitting closing song, the Jackson family sang both in Vietnamese and English, “I can do all things through Christ who gives me strength.” Pastor Duong Thanh Lam then graciously thanked the relevant government departments for “recognizing our need to worship” and for “creating the conditions for this event to happen.”

Those who follow religion in Vietnam were puzzled that the government went to such lengths to hinder the gathering. They cited the government lock-out of a scheduled Christmas celebration in Hanoi on Dec. 19 as an example of interference that will also long be remembered (see http://www.compassdirect.org, “Vietnam Authorities Move to Stop Protestant Christmas Events,” Dec. 20).

“It seems Vietnam squandered an excellent public relations opportunity at a time when there are renewed efforts in the U.S. Congress to put Vietnam back on the religious liberty blacklist,” said one long-time observer.

Some Vietnamese church leaders and international observers have said they believe officials have clamped down on Christmas celebrations this year because they were alarmed at the size of last year’s Christmas events.

One church leader told Compass of Directive No. 75 of the Ministry of Interior, an Oct. 15 order that presumably forbids such gatherings. Though no church leader has been shown the directive, an official considered to be sympathetic to Christians told a pastor that the directive orders strict adherence to the Decree on Religion 22. This 2005 decree, the main law governing religion, forbids Christians in unregistered groups from any public gatherings, restricting their religious activity to
single family worship in their household.

In practice, sources said, many house churches have experienced considerably more freedom than that. Last year many unregistered groups were allowed, though reluctantly, to hold large public Christmas gatherings in Hanoi and Ho Chi Minh City.

The unregistered house churches are becoming increasingly frustrated. Most have tried to register their congregations according to existing laws but have either been refused or ignored. The freedoms that members of registered churches enjoy are not available for unregistered Christians, sources said, and unregistered Christians are unable to register.

Many speculate that concern over security in the run-up to the January 2011 Party Congress, held every five years, is one reason for the government’s approach. Whatever the reason, all concerned church leaders agreed that the efforts to stop the large Hanoi and Ho Chi Minh City Christmas events this year were ordered from the top level of government. No leaders said they believe the obstacles resulted merely from disagreements and delays among government departments, as it was sometimes made
to appear.

A number of other events held in public venues by the registered Evangelical Church of Vietnam (North) and the Evangelical Church of Vietnam (South) went ahead peacefully. The largest one in Ho Chi Minh City on Dec. 17 attracted an estimated 9,000 people, with about 1,000 indicating a desire to follow Christ.

In some places, unregistered house church organizations held small Christmas events without difficulty. According to one count, at least 6,000 people throughout Vietnam indicated a first-time decision to follow Christ in this year’s Christmas events.

Report from Compass Direct News

Islamists Raid House Churches in West Java


Demonstrators drive out 100 Christians in one service, stop worship in others.

JAKARTA, Indonesia, December 18 (CDN) — About 200 demonstrators from hard-line Islamic organizations in West Java on Sunday (Dec. 12) disrupted the worship of a church in Rancaekek district, Bandung, driving more than 100 worshippers from the building.

Members of the Islamic Defenders Front, the Indonesian Ulama Forum and the Islamic Reformist Movement arrived with the Civil Service Police Unit of Rancaekek district and sealed the house, thus leaving other churches that use it without a worship venue. The protestors also disrupted the worship of six other churches meeting in homes the same day.

The demonstrators arrived at 9 a.m., when the Huria Kristen Batak Protestant (of HKBP) Bethania church building had begun worship in the building where a pastor and his family live. The protestors urged the local government to seal the building immediately because it was a private house rather than registered as a place of worship.

About 10 minutes into the church’s worship, the demonstrators removed by force more than 100 members of the HKBP church on Teratai Street, the pastor said.

“Because they were fearful, children and women were crying when they came out of their place of worship,” the Rev. Badia Hutagalung told Compass by phone.

Hutagalong, 26, lives in the second story of the building. Church officials declined to say who owned the home.

Hutagalung said the congregation resisted the temptation to clash with the Islamic protestors, who were using ambulance sirens to disrupt the service.

The Civil Service Police Unit of Rancaekek district then affixed a document on the front of the building declaring, “This house has been sealed because it has violated Bandung Regency Regulation No. 16, of the year 2009, about building administration.”

HKBP elder Jawadi Hutapea said the document was signed by the head of Rancaekek district, Meman Nurjaman, and the chief of the Civil Service police.

Nurjaman reportedly said use of a private house as a place of worship violated the cited regulation.

“It should be only a place to stay but in fact functioned as a place of worship,” Nurjaman told Tempo News. “Now we’ve sealed the house. From now on, the house may only be used as a house to live in.”

Hutagalung said the church was using the house because it had not been able to obtain permission to establish a church building under conditions imposed by Indonesian law. The Joint Ministerial Decree promulgated in 1969 and revised in 2006 requires places of worship to obtain the approval of at least 60 persons from the local community, mandates there be at least 90 church members, and the church must be approved by the the village head.

“These terms are very difficult for us to fullfil,” Hutagalung told Compass.

The HKBP congregation was established in Rancaekek district in 1999, he added, because of the absence of a church for ethnic Bataknese in the area.

District head Nurjaman reportedly suggested that the church use a room at the College of Public Administration in Jatinangor, Sumedang Regency. Hutagalung said his congregation could do that, but he said not all the churches that use the building could merge together there.

“If we are forced to worship with other churches in the college complex, it is the same as closing the HKBP church in Rancaekek,” Hutagalung said.

He said he had received the suggestion from the district head for the churches to merge worship in the college complex a few weeks ago. Hutagalung said he has sought permission for the churches to worship separately in the college complex, but so far he has not received a response from the college building administrator.

If the HKBP church has not found an alternative venue this Sunday, the congregation plans to worship in front of the house that has been sealed, he said.

 

Other Churches Targeted

Other churches based in homes in the district met with the same opposition from Islamic protestors.

The Indonesian Evangelical Tabernacle Church (GKII), which began 20 years ago, met at 9:15 a.m. but the Islamic demonstrators appeared and insisted that they disband immediately, said a GKII pastor identified only as the Rev. Margaretha.

She said worship ended within 20 minutes because the protestors broke through an iron fence to force their way in.

“The mob lifted and slammed the fence until it was damaged,” Pastor Margaretha.

About half of the 60-member congregation, which consists mainly of women, was crying, she said. The protestors forced her to sign a letter promising not to use the house as a place of worship.

“They also damaged the door and the Christmas tree,” Pastor Margaretha said. “In the stressful situation, finally I signed the letter.”

Margaretha added that the demonstrators also took four chairs used for worship.

The Pentecostal Tabernacle Church also began its worship on Sunday (Dec. 12) before the Islamist demonstrators interfered.

The Rev. Filemon Sirait told Compass by phone that when the congregations began to worship at 9:30 a.m., the Islamic protestors suddenly massed in front of the house and forced them to stop.

Seeing that the demonstrators were willing to use force, the congregation finished their worship after only 15 minutes, he said.

“We worshiped only in prayer after that time,” Sirait said.

The demonstrators then barged into the house with a document for the pastor and congregation to sign stipulating that they would not use the place for worship, he said.

“Because we were depressed and fearful, finally we signed the letter stating that we agreed not to use the residential house as a place of worship,” Sirait said.

The church was established in Rancaekek district 12 years ago.

The Muslim protestors also disrupted the worship of the Church of Pentecost-Rancaekek, led by the Rev. Bungaran Silitonga. Established 10 years ago, the church has 40 members.

Silitonga told Compass that the Muslim demonstrators stormed into their house at around 2 p.m. and took 37 chairs used for worship activities.

“They took 37 chairs on the order of the district of Rancaekek,” he said.

Silitonga called the head of Rancaekek district to complain about the stolen chairs, and by evening the official had found and returned them, he said.

Islamist protestors reportedly succeeded in sealing five of seven houses used for Christian worship on Sunday. Other churches whose house worship was disrupted were the Indonesian Christian Church, a Catholic Church and the Ecumenical Christian Church.

Report from Compass Direct News