Worrisome features about POFMA

I attended a forum organised by Function 8 about POFMA, the fake news law.

The panelists point out the following worrisome features about POFMA:

a) The govt can exempt certain people from the law. They have already taken the decision to exempt ministers.

A speaker pointed out that the law should apply to everybody and nobody should be exempted – even minister. Does this mean that a minister can make a falsehood and be exempted from the legal consequence?

b) Any appeal against the decision of the minister has to be made to the minister in the first place, before it can be sent to the court. There is no time limit required by the minister to reply. He can sit on the matter forever, and prevent the appeal from going to court.

c) In other countries, a similar law is passed to address specific problems, such as terrorism and hate news against a racial or religious group.

In Singapore, POFMA is targeted against “falsehoods”. It can be applied to restrict criticism against govt policies and actions. It can be used for political purposes against people who hold different political views. It can be abused to keep the ruling party in power by creating obstacles for opposing parties.

MY COMMENT
I was not fully aware of these three points. It makes our law quite one sided and unfair. The govt narrative did not address these points adequately.

We have to express our opposition to POFMA in various ways, e.g. to sign a petition against the law.

 

Tan Kin Lian

 

 

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32 Responses to “Worrisome features about POFMA”

  • Is TKL from PAP?:

    Trying to Mingle using Outdated Events to gain acceptance?

    So when will you be fully aware to quality center stage? Or why should anyone listen to you when you are so slow or pretended to be slow now?

    With you it means, PAP won then you will come out talking. I suggest in Hong Lim Park, you stand with the crowd and be the audience and don’t even talk or best stay at home.

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  • NotMyProblem:

    @Mr. Tan; where were you when everyone was talking about this law almost 2 years ago?

    Since POFMA was passed as law, there were many claims of fake news by so many people. Please be reminded and advised that only Ministers (PAP’s ministers to be precise) can declare the news is fake or not, not anyone else, not even the court! So don’t anyhow say any news is fake just because you don’t like it.

    Joseph Schooling, your fake news is not fake, until a Minister says so!

    Anyone who doesn’t like any news, please inform a Minister for him/her to decide it is fake or not. Simple?

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  • Shocked:

    Quite shocked that these 3 basics didn’t leap out at
    you when the law was proposed. These points were also
    discussed in detail quite a lot in the weeks leading
    up to the passing of the law.
    Do note too that there appears to be no requirement
    for the correct facts and complete explanations be
    presented when info is labelled as fake.

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  • Simoncow:

    Once law minister step onti stage,

    The buzzer all 4 will be pressed on America got talent.

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  • Don't worry be happy:

    “Whosoever shows you your faults is your friend. Those who pay you lip service with praises are your executioners… When one’s intention is SINCERE, God will suffice his needs, protect him, and guide him in his dealings with the people.”

    - Umar ibn Al-Khattab, companion of The Prophet

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  • Talk is Cheap!:

    Don’t just talk Tan Kim Lian! Can you you start the petition and get Singaporeans to sign. Talk is cheap …. can you do something?

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  • MarBowling:

    The POFMA is meant to EXEMPT ALL THE MINISTERS(including the PeeM) from the LAW! Wonder whether the exemption also include the Pre$ident, ESM(Extra Senile Minister)Woody who nowadays is fond of passing crap comments. Hopefully, he won’t be like the late ex-MM Lee Kayu who passed sensitive comments about Malay Muslim and then when someone pointed out his mistake, just replied “I stand CORRECTED”….No action was taken and case CLOSED!

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  • WakeupSG:

    Signing petition is no use!

    “No man is good enough to govern another man without his consent. Abraham Lincoln”

    The POFMA bill should have gone through a REFERENDUM as the powers given to ministers who are mere mortals are unprecedented!

    As it is passed by dominant PAPpy in Parliament it is immoral as this bill protects the ministers by making them above the law and they may abuse the office in spreading fake news to manipulate election campaigning to advantage the party!

    Like I said before, the power is in your votes to remove POFMA bill & PAPpy this coming GE2019!

    A GRIM REMINDER TO ALL:

    YOUR FREEDOM PERISHES WITH YOUR VOTES!
    “Let freedom never perish in your hands. Joseph Addison”

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  • C’est la vie:

    *****
    Degrees of doltishness.

    Ah Lian is rather slow on the uptake but gets there, … after the show’s ended.

    Whilst the rest of the red dotters, … still visiting Jewel, stuffing their faces, reading the ST or shopping in a Mall near you. To these lot, the majority, … POFMA is synonymous with the PAP, and can only be good, … right !!! Besides, the Govt told them it is !!!

    Degrees of doltishness !!!
    ***
    *****

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  • TruBlu:

    Nothing to worry about really.
    Just dont anyhoe give your votes to FAKE MPs who anyhow voted for POFMA without even regularly attending DEBATES on this Bill.

    If you criticise the DAFT POLICIES and the negative performance, whats wrong?

    I say our PM is lousy.
    His policies are really daft.
    It is a REAL NEWS.
    This cannot be faulted.

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  • Mr Tan Kin Lian, don't worry:

    GE2015, pap clown and S$m gang were really scared. So much so their clan member from penang said in public, pap can be no more.

    Unfortunately, sentiment for pap evil lky was very great. So much so clown pap garnered 70% of the votes.

    But that result GE2015 is one off. Never to be repeated. After all pap evil lky is dead and cannot arise and die again.

    So this time GE2019 the chance for clown pap and their S$m gang to run road under New Government is very real.

    So don’t worry about all the fixing by pap clown and S$m gang. Their days are numbered. They are actually the ones to worry. So you don’t worry.

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  • TKL = Tee Koh Lian(g optional):

    NotMyProblem:
    May 20, 2019 at 5:21 pm (Quote)
    @Mr. Tan;
    “where were you when everyone was talking about this law almost 2 years ago?”

    He had been sneaking and walking away, the shirker that he is, from Hong Lim Park all the way
    - his yellow-faced charboh-lang took his merc and didn’t give him more than $5 for his daily expense so he gotta scrimp, like how he squints those teekoh zhubajie porcal eyes, on even bus rides -
    to Bras Basah Park where he parked himself in a secret spot to take voyeuristic peeks hoping to catch sight of girls walking out of his old workplace so he can ‘relive’ his old days(‘ experience) and yanking himself off simple at the thought of ‘good’ old days where his hands would actually be touching skin while pretending to give younger female co-workers the ‘CEO’s treatment’.

    TeeKohLian humsup-louws never change their spots, even if these have become age spots befitting of old lechers like him!

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  • i no care wat u want:

    did any one from the alternative parties voice out on these 3 pts?
    if no,why?
    were they not given the opportunity to do so?
    i read once all their questions in parliament had to be screened and be given the green light 2 weeks before each parliament session…and that too only a specific number of questions allowed?
    seems like a joke to me.
    are our citizens’ lives &only a secondary priority to the PAPs?

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  • Asd:

    Soon petition signature of 1 or more will also get arrested

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  • HarderTruths:

    Please rename is site as Fake News Emeritus so we don’t get into trouble.

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  • oxygen:

    @ TKL

    WHY IS THERE NO LAW IN THE WORLD THAT DEFINES WHAT IS TRUTH AND FALSE? It is like an ocean of water, you simply can’t grab it with your hand even if the judiciary wants to play GOD.

    Where is the proof?

    Here is a classic real world illumination of how truth/falsity “playing GOD” by mortal judiciary in mining investment of attempting to define “financial market integrity preservation”. The law failed spectacularly – in Fortescue Metal Group (FMG). The Australian Securities & Investment Commission (ASIC), the national securities watchdog, brutally hunted down Andrew Forrest, then FMG Chairman/CEO for allegedly false and misleading disclosure statement to influence its share price.

    That prosecution case collapsed in finality of bitter stoush and got buried under a mountain of its own legal stupidity of incompetence. Read this sequence of events.

    ANDREW FORREST WON ROUND ONE. And then in 2011, this happens.

    Australia: ASIC wins appeal against Fortescue Metals Group and Andrew Forrest

    http://www.mondaq.com/australia/x/124768/Directors+Officers/ASIC+wins+appeal+against+Fortescue+Metals+Group+and+Andrew+Forrest

    SO ASIC WON ROUND TWO.

    Then Andrew Forrest appealed to the High Court of Australia in 2012 and this was the outcome.

    “Twiggy” wins his battle against ASIC: High Court finds Forrest and Fortescue did not mislead investors

    https://www.smartcompany.com.au/business-advice/legal/twiggy-wins-his-battle-against-asic-high-court-finds-forrest-and-fortescue-did-not-mislead-investors/

    and view this video, please

    ASIC case against Forrest ‘flawed from the start’
    PM By David Weber and staff

    https://www.abc.net.au/news/2012-10-02/fortescue-ruling-a-major-defeat-for-asic/4291738

    Corporate regulators are smarter in US and UK. They hounded Anglo-Dutch giant Shell for years, only to surrender WITHOUT A COURTROOM FIGHT because in their own words ” NOT IN THE PUBLIC INTEREST” on matter of reserve accounting. The truth and falsity there is UNQUANTIFIABLE AND INCAPABLE OF FACTS AND LAW DEFINITION.

    https://www.theguardian.com/business/2005/jun/30/oilandpetrol.news

    In the real world, there is no such a thing as absolute truth or falsity except in blatant lies easily exposed and disposed of. Shakespearean deception of a “rose by any other name” mantra is a fart of lie because it is not as sweet and often covers a multitude of sins and lies.

    Truth and falsity is often MALLEABLE – like water in an ocean, You simply can’t grab it with your hand or law. The US SEC and UK Fraud Office found that “wisdom”, the OZ ASIC discovered their stupidity in the HIGH COURT OF AUSTRALIA final appeal.

    Ah Sengs/Ah Huays got money to fight justice?

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  • oxygen:

    POFMA THREATENS TO UNDERMINE our economic development and prosperity as a centre for global innovation and financial centre.

    We got no natural resources – a lifelong moaning groans from PAPpypolitics and PAPpynomics since the days of PAST TENSE – but we now STUPIDLY screw our survival and future with this fart of fiction legislation.

    IT IS TOO LATE NOW!!

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  • oxygen:

    ANYONE FORGOTTEN THIS FAILED SGX’s attempted acquisition of the Australian stock exchange in 2011? Read on

    Singapore Exchange ends ASX bid after Australia rebuff

    https://www.reuters.com/article/us-asx-sgx/singapore-exchange-ends-asx-bid-after-australia-rebuff-idUSTRE7370LT20110408

    In that instance, the then Australian Federal Treasurer (finance minister) Wayne Swan, blocked it citing regulatory issues worry.

    Wayne Swan:the deal would have diminished Australia’s economic and regulatory sovereignty, presented material risks and supervisory issues due to ASX’s dominance over clearing and settlement and failed to boost access to capital for Australian businesses.

    It was the first time the Australian government has rejected a major foreign takeover on national interest grounds since 2001 when Royal Dutch Shell’s (RDSa.L) bid for Woodside Petroleum (WPL.AX) was blocked.

    SO IT IS RARE FOR AUSTRALIAN GOVT TO BLOCK FOREIGN TAKEOVERS of Australian businesses.

    After ASIC debacle on Fortesque Metal and Andrew Forrest in 2012 – post Wayne Swan blocking move against SGX takeover of ASX proposal – DO ANY SERIOUS MIND in LEE-jiapore think we got another chance ever in the future to make another tilt of takeover of ASX NOW THAT WE GOT POFMA in our national legislation armory?

    ASIC lost in the Australian High Court on matters of “truth and false” idiotic semantic differentiation – ie FLAWED LAW APPLICATION.

    And POFMA is FLAWED LAW LEGISLATION.

    If SGX tries another takeover bid for ASX, this time the Australian Federal Treasurer, IN MY OPINION, have compelling reasons to block it again, because POFMA impedes listed mining entities from raising capital in Singapore – THE BURNING ISSUE IN THE AR*E (as you can guess it by now) will be reserve accounting risks liability.

    How can any mining companies – hundreds of these listed on the ASX – ever going to quantify with certainty the amount of oil/gas or metals buried in-situ in the ground every time they attempts to raise capital to fund exploration?

    I AM SURE THAT IN THOSE IMPOSSIBLE CIRCUMSTANCES, IT WILL BE, THIS TIME, BLOCK AND OPPOSE BY THOSE AUSTRALIAN LISTED MINING ENTITIES.

    SGX CAN FORGET ABOUT A FUTURE MERGER OR TAKEOVER OF ASX in the future if we want to grow Singapore as a global financial centre exceeding HK stock exchange.

    POFMA is that proverbial stupid doggie walking around with multiple d*cks SCREWING UP Ah Sengs/Ah Huays and LEE-jiapore at the same time.

    @ TKL, THIS IS THE MOST WORRISOME FEATURE OF POFMA – OWNSELF-FIACK-OWNSELF STUPID LEGISLATION BY STUPID PAPpypolitics.

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  • the chao-kar clause:

    //A speaker pointed out that the law should apply to everybody and nobody should be exempted – even minister. Does this mean that a minister can make a falsehood and be exempted from the legal consequence?//

    could this be called the chao-kar clause ? like 4 = 5, selected = elected, different set of criteria for others and another set of criteria for ownself-check-ownself ?

    when chao-kar, one will always look like champion and winner like school bullies in the past 60s or 70s who would win at any game and even if the bullies lost, they would start to change the rules until they won ?

    caveat hor : opinion lar.

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  • More Pain Needed:

    You can worry till death and repeatedly shocked yet nothing can be done about it,
    Simply because PAP dominates the parliament and dafts voted for it.

    As increasing number of dafts awakened, these are squared off with new dafts from third word, so the outcome will likely stays the same in coming election.

    Many Dafts have problem thinking straight and thinking simple, doing what matters.

    When there is a problem, you vote to kick out the problem rather than keeping it and letting it festers till the point of not return.

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  • take the heat off:

    aiyoh, POPMAR is to give many ministars (on a rotational basis or musical chair basis ?) to take the heat off one another (many ministars hor ?) if they decide to wield the ‘stick’ and covering for one another lar (anyway, got exemption somemore) ?

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  • oxygen:

    WERE THOSE ROBOTICALLY OBEDIENT ACTORS AND ACTRESSES in that House of the most expensive but mostly useless decorations aware of the Fortesque Metals/Andrew Forrest legal stoush with the Australian Securities & Investment Commission and its aftermath of legal/economic implications thereof before they “sign on” to POFMA?

    POFMA is a LEGAL INSTRUMENT, not a play toy, meant for todlers in their play pen – its wide ranging enduring implications are both LAW AND ECONOMICS of consequences.

    Or are the signatories think this is trivial and they are there in the house PART-TIME ONLY, mostly and habitually absent, dozing sleepy otherwise clowning of public entertainment? No need serious in-depth rigorous research on relevant law applications prior (leave that to the rowdy rousing social media??) or engage in rigorous debate before deciding to sign on in favor or sign off against?

    Good acting in movies pays very well in Hollywood and it only requires the actors/actresses follow the movie director’s cues meticulously and elegantly.

    The realities in the practical world is somewhat more demandingly onerous and harshly of realism.

    Since the FMG/Andrew Forrest humiliating decimation of ASIC in the Australian High Court in 2012, the latter was reduced to a lamb of d*ckless wonder instead of a corporate tiger prior. It sniff around but no big high profile corporate lawsuit on “misleading disclosure statement” fantasy prosecution on flawed law architecture knowing that the engineering construction will disintegrate in courtroom cross-examination.

    POFMA is hunting the ghost of fiction of truth and falsity differentiation. That is why its LANGUAGE OF CONSTRUCTION WAS LEFT AMBIGUOUS, ITS AMBIT UNCERTAIN (only certain unknown party/parties are exempted) and its CAPTURE is “catch-all” (whoever they want to target) from perhaps, Donald Trump, to the biggest Pacific Ocean gay whale, the most dangerous Australian white sharks to ikan bilis in the Johore Straits. It is akin to exploding a nuclear device to kill of an irritating mosquito.

    Mahathir next door is a lot smarter – HE RESCIND THEIR FAKE NEWS LAW as priority on return to power.

    HONG KONG, I PREDICT, WILL NEVER ENACT SUCH A DUMB PIECE OF FAKE NEWS LEGISLATION.

    This opens them ample opportunities for commercial intercourse with the rest of the world which LEE-jiapore hanged itself dead. The Hong Kong stock exchange could conceivable merge with ASX Down Under WHICH LEE-jiapore now has EXCLUDED ITSELF OF OPPORTUNITY.

    Imagine this HKSE link up with ASX. Shanghai SE is now talking to London SE. Where does that leaves us of competition?

    4Gs a mob of walking garbage bins or not? YOU DECIDES.

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  • my $8 heart bypass:

    This Tan KL is simply hopeless .
    He is nothing but a vote splitter, causing Tan Cheng Bock to lose to Tony tan with his standing for the PE.
    I certainly suggest he keep away from the coming GE in order not to split any votes and give the PAPIGS another advantage.
    .

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  • I;m Halimah also jiak liao bee:

    You mean to say you don’t know anything when all these have been discussed and debated all these past months ???
    Which planet did you come from, Mr Tan.

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  • @Simoncow:

    Wrong. The ‘Yeh Fong’ above will get the 4 buzzers. Tee-O-Tee-Tee-De-Ta-Ta…….

    Simoncow:
    Once law minister step onti stage,

    The buzzer all 4 will be pressed on America got talent.

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  • SG china track record:

    Sign Petition? This never worked in SG.
    Vote? This never worked in SG.
    Referendum? This never worked in sg.

    Singapore and China people are very similar in that the super majority have always accepted EVERY policy and law from the One-Party Rule system.

    China is Totalitarianism.
    Sg Authoritarianism because voting allowed.

    Other than this, they are as similar as cousins.

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  • Take it from the shrewd:

    “He who becomes a Prince through the favor of the people should always keep on good terms with them; which it is easy for him to do, since all they ask is not to be oppressed … Absolute power corrupts absolutely.”

    - Niccolo Machiavelli

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  • ganeshsk:

    MR/ Tan K L

    We have to express our opposition by voting the PAP out coming GE.

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  • oxygen:

    WITH POFMA NOW INSTALLED, How can LEE-jiapore ever going to dream henceforth of becoming the financial centre for risks capital raising for high risks new business sectors like bitcoin, high tech like Facebook, Google or disruptive (but unproven yet of viability) business like Airbnb, Uber, when public disclosure statements by these entities can put them into hot soup of “misleading disclosure statement” in POFMA law just like Fortescue Metals Group and Andrew Forrest sadly encountered?

    oxygen: And POFMA is FLAWED LAW LEGISLATION.

    If SGX tries another takeover bid for ASX, this time the Australian Federal Treasurer, IN MY OPINION, have compelling reasons to block it again, because POFMA impedes listed mining entities from raising capital in Singapore – THE BURNING ISSUE IN THE AR*E (as you can guess it by now) will be reserve accounting risks liability.

    How can any mining companies – hundreds of these listed on the ASX – ever going to quantify with certainty the amount of oil/gas or metals buried in-situ in the ground every time they attempts to raise capital to fund exploration?

    I AM SURE THAT IN THOSE IMPOSSIBLE CIRCUMSTANCES, IT WILL BE, THIS TIME, BLOCK AND OPPOSE BY THOSE AUSTRALIAN LISTED MINING ENTITIES.

    SGX CAN FORGET ABOUT A FUTURE MERGER OR TAKEOVER OF ASX in the future if we want to grow Singapore as a global financial centre exceeding HK stock exchange.

    POFMA is that proverbial stupid doggie walking around with multiple d*cks SCREWING UP Ah Sengs/Ah Huays and LEE-jiapore at the same time.

    WE REALLY SCREWED OURSELVES DEAD AND STUPID OF ECONOMIC LOGIC.

    Hong Kong, Shanghai and TORONTO WILL NEVER HAVE POFMA-type legislation.

    Here is why.

    Financial Post : When geologists speak about how deposits of precious metal form in the earth, they reference changes that can take place over hundreds of millions of years.

    This spring, investors in Toronto-based Guyana Goldfields Inc. experienced geologic time at a significantly faster pace: One morning in March, they held shares in a company sitting on nearly four million ounces of contained gold at its Aurora mine; and, by the end of the day, that number had declined by about 1.5 million ounces.

    https://business.financialpost.com/commodities/mining/the-gold-was-never-there-a-miners-reserves-evaporate-amid-battle-with-former-ceo

    Mining reserves and its valuation are so difficult of certainty. Which mining entity needing risk capital raising dare to list in LEE-jiapore??

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  • oxygen:

    LAW INFATUATED 4Gs walking warriors have either no or only bikini-scantily clad business acumen and mostly are out of touch in the real world of business and commerce.

    POFMA proves it, in my opinion.

    Among those talking heads in that House of the most expensive but mostly useless decorations, which one or anyone spoke up of the commercial and financial risks consequences of this DUMBEST PIECE OF JUNK LEGISLATION ever invented?

    It is like desiccated coconuts trying hardest of making babies in a tight spot struggling with political mast*rbation!

    POFMA WILL DO US A LOT MORE HARM than the fictitious hallucinatory good we imagine it will deliver.

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  • pap cina IB talking cock:

    my $8 heart bypass:
    This Tan KL is simply hopeless .
    He is nothing but a vote splitter, causing Tan Cheng Bock to lose to Tony tan with his standing for the PE.
    I certainly suggest he keep away from the coming GE in order not to split any votes and give the PAPIGS another advantage.
    .

    Yes, agree. Nothing of substance. On the other hand, if he stands against any pap in SMC, then, no problem. otherwise, purely harbans singh vote spoiler.

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  • oxygen:

    MORE EVIDENCE THAT POFMA IRON FIST APPROACH IS gonna screw big business and Singapore’s survival chances forward.

    Here is another real world case illumination of legal entanglement if aggrieved minority shareholder/s starts suing stalling necessary and urgent corporate restructuring needed.

    Acacia shareholder in Reuters :Either their auditors are not doing their job properly and they should have taken an impairment at the 2018 year end, or this is a false statement. Which is it?

    Barrick’s buyout offer for Acacia unit irks minority shareholders

    https://www.reuters.com/article/us-acacia-mining-barrick-gold/barrick-offers-to-take-acacia-private-to-solve-tanzania-tax-dispute-idUSKCN1SS0JU

    BUSINESS WORLD IS MUCH MORE COMPLEX AND DIFFICULT OF DIFFERENTIATION of truth and falsity as I warned before yesterday.

    oxygen: LAW INFATUATED 4Gs walking warriors have either no or only bikini-scantily clad business acumen and mostly are out of touch in the real world of business and commerce.

    POFMA proves it, in my opinion.

    Among those talking heads in that House of the most expensive but mostly useless decorations, which one or anyone spoke up of the commercial and financial risks consequences of this DUMBEST PIECE OF JUNK LEGISLATION ever invented?

    It is like desiccated coconuts trying hardest of making babies in a tight spot struggling with political mast*rbation!

    POFMA WILL DO US A LOT MORE HARM than the fictitious hallucinatory good we imagine it will deliver.

    POFMA IS REALLY A DUMBEST OF DUMBFARKED PIECE OF JUNK LEGISLATION.

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