Declassify PJD Link Expressway concession agreement, PKR lawmakers tell Putrajaya 

KUALA LUMPUR, June 7 — Lawmakers whose areas are affected by the Petaling Jaya Dispersal Link Expressway (PJD Link Expressway) have called on the government to declassify the project’s concession agreement.

The lawmakers said that as the project affects the public, its agreement contract should be made publicly available.

“Yesterday, I got a reply from the government on the PJD Link concession agreement that was signed in 2022. We asked the government whether it is willing to disclose the agreement, declassify it from the Official Secrets Act 1972 (OSA 1972), or at least to allow the relevant select committee to look at the agreement and find out what the terms are.

“The reply from the government was negative. I’d just like to say that I am a bit disappointed with the answer. I do understand that the sanctity of contract that allows them to keep these clauses and terms secret, but I don’t think it is right in this new government that the idea of the OSA should be part of a concession agreement,” PKR Subang MP Wong Chen told a press conference at the Parliament building.

He was responding to a written reply yesterday to his question if the concession agreement could be declassified or if the Parliamentary Select Committee could get full access to it.

In a parliamentary written reply, the Works Ministry said, under the OSA, the government and the concession company must give their permission before any information is made public.

The Works Ministry also said that in accordance to existing practices, several concession agreements have been reclassified and downgraded as well as made public after both the government’s and the concessionaire’s permission were obtained.

Therefore, with reference to the PJD Link concession agreement, it can only be accessed physically at the Works Ministry during office hours only.

Expressing discontent, PKR Selayang MP William Leong cited a precedent of when a toll concession was successfully declassified in 2008 by the then works minister.

“In 2008, the works minister then had successfully declassified the toll concession agreement.

“They are no longer classified as official secrets. We therefore urge this current government to follow the practice and do the same.

“These are public contracts. This PJD Link concession as a public contract should be designed for transparency and efficiency. Full disclosure should be the norm for public contracts,” Leong said.

He added that information is required for the public to judge whether they are getting value for money, what is the expenditure of the project, as well as what the public is paying for and will have to pay in terms of concessions.

“Aside from the sanctity of contract, the exceptions that can be accepted is whether it is in the form of national security or national interest or respect to the other party whether there are commercial sensitivities, such as trade secrets for intellectual properties. But I cannot see what trade secrets for intellectual property are involved in a toll highway.

“Therefore, the general principle for disclosure should be obliged,” Leong added.

Also present was PKR Petaling Jaya MP Lee Chean Chung who said that the public cannot be the last to know about the contents of the project when they are the directly affected party.

“It must be noted that this agreement and terms will be made available to the public, but before that, it will be made available to the investors, and this would also be the case if the company involved listing it publicly as shareholders will have access to the documents.

“It is also unlikely that the recent announcement of RM922 million recently secured for the project with MCC Overseas (M) Sdn Bhd (MCC Malaysia), a subsidiary of China Metallurgical Group Corp, has taken place without the disclosure of these details through this entity.

“As such it is difficult for the government to defend their secrecy when these individuals have access to these agreements prior to the public, the toll payers themselves.

“Imagine if the taxpayers, residents or people affected are the last to know the terms and conditions of this concession agreement after investors, shareholders or even foreigners,” Lee said.

Earlier today, it was reported that PJD Link (M) Sdn Bhd, the concessionaire of the proposed PJD Link Expressway, had secured funding amounting to RM922 million as part of its project financing required for the PJD Link Expressway.

It was reported that PJD Link signed a heads of agreement (HoA) with MCC Overseas (M) Sdn Bhd (MCC Malaysia), a subsidiary of China Metallurgical Group Corp during the 14th International Infrastructure Investment and Construction Forum (IIICF).

Under the HoA, MCC Malaysia will be appointed as the engineering, procurement, and construction contractor of the PJD Link Expressway.

In May 20, an independent survey was released with findings that showed 93.6 per cent of individuals residing along the proposed alignment of the PJD Link expressway expressed their disagreement with the project.

The findings of the independently conducted Social Impact Assessment (SIA) showed that the majority of the respondents were of the opinion that noise and air pollution from the PJD Link highway would be intolerable and that the highway would not reduce traffic congestion as promised.

According to Wong, Leong and Lee, the project has yet to have its Environmental Impact Assessment and Traffic Impact Assessment approved, on top of the SIA.

In March, Selangor Menteri Besar Datuk Seri Amirudin Shari said the PJD Link project has not been submitted for planning approval in Selangor.