Chin Peng sets court case deadline for gov't

(New Edition with lawyer Mr. Darshan Singh Khaira's full written statement now appended at bottom) Yesterday, one of Chin Peng's lawyers Darshan Singh Khaira held a press conference in Penang to issue a statement, on behalf of his client, saying that the Government is given one month until May 28 to respond to his application to return to his country in fullfilment of the letters and spirit of the Peace Accords signed between the Government of Malaysia and Communist Party of Malaya (CPM) on 2 December, 1989 in Thailand's Haadyai. Failing which, the Secretary-General of the Communist Party of Malaya (CPM) said he would take his case to the International Court of Justice and European Court of Justice.

It is understood that until now, the Government and other respondents in the case initiated by Chin Peng have still not filed their statements of defence. He first filed the home-coming case for himself and about 300 other veteran communists at the Penang High Court on 4 March, 2005.


Besides Chin Peng, the other two CPM signatories to the 1989 Peace Accords are Chairman Abdullah C.D. (picture/right) and Central Committee Member, Rashid Maidin (picture/left). Rashid Maidin was also a CPM's representative to the 1955 Baling Peace Talk.

Chin Peng, Abdullah C.D. and Rashid Maidin were all born in Perak.

Singatories officially representing the government of Malaysia were former Secretary-General of the Ministry of Home Affairs Dato' Hj. Wan Sidek bin Hj. Wan Abdul Rahman, former Chief of Defence Forces General Tan Sri Hashim bin Mohamad Ali and former Inspector General of Police Tan Sri Mohamad Haniff bin Omar (picture).

According to Article 3 of the Administrative Arrangments Between the Government of Malaysia and the Communist Party of Malaya to Terminate Hostilities which is generally known as one of the two crucial parts of the 1989 Peace Accords, the government shall allow members of CPM and members of its disbanded armed units to settle down in Malaysia, if they desire to do so.

Article 3.1 categorically states that "Members of the Communist Party of Malaya and members of its disbanded armed units, who are of Malaysian origin and who wish to settle down in Malaysia, shall be allowed to do so in accordance with the laws of Malaysia". Article 4 further stipulates that: "With regard to Article 3, the Malaysian authorities shall assist members of the Communist Party of Malaya and members of its disbanded armed units in order to help them to start their peaceful life afresh".

Article 6.2.1 of the said Administrative Arrangments Between the Government of Malaysia and the Communist Party of Malaya to Terminate Hostilities also reads: " The Government shall not apply the Internal Security Act, 1960 or any other laws on members of the CPM and members of its disbanded armed units, who have returned to settle down in Malaysia, for their past CPM-related activities".

There are altogether 10 articles in the Adminstrative Arrangments signed by former Inspector-General of Police Tan Sri Rahim Noor (picture) and former Director of Special Branch Datuk Zulkifri bin Abdul Rahman on behalf of the Malaysian government, and Chin Peng and Rashid Maidin on behalf of the Communist Party of Malaya.

Reproduced below is the written portion of Darshan Singh Khaira's statement issued in Penang on 29 April, 2006 and emailed to this blogger for publication in full(appended to this entry on 1 May, 2006 at 6.55 pm without amendment or change to the original text received) :

1. This application was filed on 04-03-2005.

2. It is based on 2 grounds:-

(a) that Ong Boon Hua @ Chin Peng is a citizen having being born in Sitiawan, Perak, Malaysia where his parents were both citizens.

(b) the Agreement dated 02-12-1989 signed with the Malaysian Government and the Communist Party of Malaya allows him and other members of the Communist Party of Malaya (even if not citizens) to return and reside in Malaysia.

(c) The main defence of the Government is that the Agreement is an Official Secret!

3. After waiting for more than 5 years and when the Government finally refused his entry, he was forced to file this application.

4. On 21-09-2005 on the application of the Government this application was transferred to the Kuala Lumpur High Court.

5. On 22-02-2006 the Penang High Court purported to transfer the file to the High Court Putrajaya.

6. On the same day when it was pointed out by us that there is no High Court in Putrajaya, the letter was amended to High Court, Commercial Division, Jalan Raja, Kuala Lumpur.

7. Again the High Court, Commercial Division, Kuala Lumpur returned the file back to the Penang High Court stating that it should be sent to the High Court, Civil Division, Wisma Denmark.

8. Obviously there is an attempt to drag its feet and delay the matter as much as possible bearing in mind that Chin Peng is now 81 years old.

9. The Government’s stand is puzzling as the other members of the Central Committee of the Communist Party of Malaya including Rashid Mydin, Abdullah C.D. and Musa Ahmad have been allowed to enter, visit and reside in Malaysia.

10. Chin Peng wants to resolve this issue peacefully and amicably and expect the Malaysian Government to keep its word and abide by the Peace Agreements.

11. Yet the Government has tried to put obstacles in his way.

12. Kuala Lumpur has even instructed the Malaysian Embassy in Bangkok not to attest his Affidavits in this case.

13. How long Chin Peng is expected to wait in Bangkok knocking on the Malaysian doors to be allowed entry?

Technically Chin Peng as a Malaysian citizen can enter Malaysia by walking through the border. All he can be charged is with a technical offence of not obtaining an entry permit. He cannot be detained or deported. But he does not want to do so as the Communist Party of Malaya pledged in the Agreement to abide by all Malaysian laws.

14. In the event there is no response within one (1) month Chin Peng will take his case to the World Court, Europe Court of Justice and other international forums.

15. I am authorized by Chin Peng to issue the above statement.



………………………………...............
Counsel for Ong Boon Hua @ Chin Peng
29-04-2006
Statement (Chin Peng) 28.4.06