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Worth of Malaysia’s word August 2, 2007

Posted by elizabethwong in Current Affairs, History, Human Rights, Malaysia, Note2Self, Politics, Southeast Asia.
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(Updated: Appeal filed on 2 August 2007. See below.)

If the world accorded the same weight to peace agreements the way this Malaysian government does, none of us would be alive to read this; the stench of death would have enveloped the earth which would been razed to the ground, cocooned by a nuclear winter.

On the day of the hearing of Chin Peng’s right of return case in the Kuala Lumpur Civil High Court, there was a bomb threat and the building had to be evacuated. Whoever did this proved the following: (1) You are a creepy dangerous freak; (2) Chin Peng rocks.

Facts.

Peace agreement with the Communist Party of Malaya signed 1989.

Article 3 says, they can return if they so desire.

ARTICLE 3 – RESIDENCE IN MALAYSIA
3.1 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.

3.2 Members of the Communist Party of Malaya and members of its disbanded armed units, who are not of Malaysian origin, may be allowed to settle down in MALAYSIA in accordance with the laws of MALAYSIA, if they so desire.

Is everyone from the government of Abdullah Badawi illiterate? Do they need translators? Didn’t they teach anyone to read in Oxford/Cambridge, or was it just prancing around in codpieces and gowns?

After half a century of ‘Independence’ (pah…) from the Brits, can we at least make-believe we have half a brain?

Why are you wasting valuable tax-payers money and court time on a non-case? Go watch Amir’s “The Last Communist”. Cheaper than going to court.

Until Chin Peng’s right of return is restored, there is absolutely no worth of Malaysia’s word. To think – you guys want to be brokering peace in South Thailand, Mindanao and Sudan? May god have mercy on those lost souls.

Lal Salute to Raja Aziz Addruse, Darshan Singh and their brave determined team of lawyers.
(If Article 3 isn’t honoured, does this mean the agreement i.e. the cessation of hostilities, is null and void?)

*********

This news just in from Malaysiakini.

Appeal filed on Chin Peng’s ‘origin’
James Wong Wing On, Aug 3, 07 12:01pm

Malaysia’s communist leader Chin Peng has filed an appeal to the Kuala Lumpur High Court against an earlier decision ordering him to produce his birth or citizenship documents before his homecoming case can proceed further.

According to one of Chin Peng’s lawyer Darshan Singh Khaira, the appeal against the decision made in chambers by Justice Mohd Zabidin Mohd Diah of the Appellate & Special Powers Division of the Kuala Lumpur High Court on Tuesday was filed yesterday.

Other members of Chin Peng’s legal team are Raja Aziz Addruse, Chan Kok Keong, Patrick Leong and Yau Wai Leong. Raja Aziz, a former president of the Malaysian Bar Council, is also a leading authority on constitutional and human rights laws.

The defendants named by Chin Peng in his case are the government of Malaysia, home affairs minister, inspector-general of police and chief of defence forces. They are represented by federal councils Azizah Nawawi and Suzana Atan.

The defendants have not filed any affidavits in defence yet although the case was first filed by Chin Peng more than two years ago on March 4, 2005 at the Penang High Court.

No provision

Darshan also told malaysiakini that under Article 3 of the Agreement Between The Government Of Malaysia And The Communist Party Of Malaya To Terminate Hostilities, there is no provision or requirement for Chin Peng to produce or show his birth or citizenship documents as a precondition for his return to Malaysia.

Article 3 (Residence in Malaysia) reads:

* 3.1 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.

* 3.2 Members of the Communist Party of Malaya and members of its disbanded armed units, who are not of Malaysian origin, may be allowed to settle down in Malaysia in accordance with the laws of Malaysia, if they so desire.

The agreement is one of the two parts of the 1989 Peace Accords officially and publicly signed between CPM and the Malaysian government on Dec 2, 1989 in Haadyai, Thailand.

The other part of the Accords is termed Administrative Arrangement Between The Government Of Malaysia And The Communist Party Of Malaya Pursuant To The Agreement To Terminate Hostilities.

Three signatories of the 1989 Peace Accords for the Communist Party of Malaya (CPM) are Chin Peng (secretary-general), Abdullah CD (chairman) and the late Rashid Maidin (central committee member).

Many have returned

In the 1989 Peace Accords, CPM also undertakes, as a quid pro quo, to cease all its armed activities and disband its armed units.

Since the conclusion of the 1989 Peace Accords, many former personnel of CPM’s armed units like Ibrahim Chik have returned and settled down in Malaysia. Other prominent veterans of the party who have visited Malaysia include the late Rashid, Abdullah CD, Suriani Abdullah and Abu Samah Mohd Kassim.

The Setiawan-born Suriani, who prior to marrying Abdullah CD and converting, was known as Eng Ming Ching. She was a schoolmate of Chin Peng in Setiawan’s Nan Hwa School.

In her memoirs Setengah Abad Perjuangan, she recalls that she and her husband were once granted audience by Sultan Azlan Shah of Perak in a palace in the 1990s when they visited Malaysia.

“In any event, the court should allow testimonies of Chin Peng’s local relatives and acquaintances to serve the purpose of ascertaining Chin Peng’s national origin,” Darshan added.

Malaysiakini understands that Chin Peng’s legal team has prepared such testimonies in the form of sworn affidavits.

Darshan said, Chin Peng’s birth and citizenship documents had been seized by the authorities at the onset of the ‘Emergency’ in June 1948 when the colonial forces raided offices and houses of communists, real or suspect.

In his popular memoirs Alias Chin Peng: My Side of History (Singapore, Media Masters, 2003) which he authored with veteran Australian journalists Ian Ward and Norma Miraflor, he reveals that he was born on October 21, 1924, “in an upstairs backroom of No 36, Jalan Kampong Koh, a two-storey shophouse in a long row of similar small business establishments the likes of which still dominate the southern Perak township of Sitiawan, some 50 miles southwest of Ipoh” (p.31), attended the Nan Hwa school in Sitiawan (p.33) and “the graves of my grandfather, parents and my brothers” are still located in a Chinese cemetery, “halfway between Sitiawan and Lumut”. (p.509)

Yesterday, malaysiakini reported that in a newly released history book on the British Empire in Asia, Forgotten Wars: The End of Britain’s Asian Empire (Penguin/Allen Lane, 2007), two world-renowned historians Christopher Bayly and Tim Harper reaffirmed the fact that “Chin Peng was born Ong Boon Hua, in Sitiawan in Perak, where his parents ran a bicycle shop” (p.35)

Comments»

1. WATTAHACK? - August 2, 2007

since when our Gov kept their word? can pigs fly…. (not on without a plane ok)

2. monsterball - August 2, 2007

Not only that…now the judge will not hear Chin Peng’s case …unless Chin Peng produces his IC card. Chin Peng sad the government took that away…and not one especially MCA stooges dares to support Chin Peng.
Like Hang Tua proven to be a CHINESE…Chin Peng’s case has proven how ungrateful…how sickening hypocritical UMNO is…without the guts to tell the truths of this great patriotic…still alive….but needed to be contained for political reasons of that time we depended so much of foreign super powers trusts,,,,aids and investments………understood…but now…is out-dated…out used it’s propaganda purpose. No one will hate what Tunku did to Chin Peng at that time…but history must be corrected…as people are matured and capable to understand without being treated as half past sixes. it is actually MADE being half past sixes…not naturally born.
Keep lying to the people UMNO!!!

3. luclai - August 2, 2007

well, the government will become illiterate when it suits them… like how they become illiterate to article 11.

the government is also coward. they might want to allow chin peng to return (i.e. keep to article 3), but on learning of protests here and there (esp. the ex-servicemen association… or is it military men… something like that), they said no no.

4. kittykat46 - August 2, 2007

I’m in two minds over the issue of Chin Peng.

At one purely legalistic level, yes, Malaysia needs to honour the international agreement it signed, and that includes the right of return of those who have laid down their arms.

My other issue is much more personal.
My father worked in a rubber estate back in the 1950’s – just a young man trying to earn an honest living to support his family.
At the time the CPM was targetting any Chinese who worked for British planters. They nearly got him – but for a minor twist of fate, I would never have been born.

I have no love for the CPM or Chin Peng.

5. wits0 - August 3, 2007

Kittykat46, my late father was involved in the village pacification program under the British as a government servant and that put him at risk with the Commies of that time. I have had relatives who fought the Commies too. My long departed uncle too who was also a Burmese Death Railway survivor in WW2. Neither my father nor my uncle expressed much confidence in the way the governance of Malaysia was like in the sixties when they were alive. Their words became self-fulfilling and then some…over time.

I have no love for the CPM or Chin Peng and the manner that the insurgency was launch with the grotesque torture and murder of British planters but it must also be remembered that the British afterwards were quite ruthless in suppressing them and some innocents were killed as well….this tradition continued after independance….and covered up with fake planted ‘uniforms’ and the curse word of “communist!”

Yet to call Chin Peng’s action as treason just because he fled to China is something else. And to not honour the peace accord takes the pot.

Treason? The wannabe islamization of Bolehland, is that not treason because, strictly speaking islam, is not strong on nationalism but on the caliphate thing. Okay, ler, let the denial begins…

6. monsterball - August 3, 2007

witsO….To me at Susan’s blog…kittykat sings another tune about Chin Peng. Here he talks like pro MCA…have to carry UMNO balls.
No use talking too much to a twister.

7. kittykat46 - August 3, 2007

Hi Wits0,
I think you misread somebody else’s comments on another blog as mine 🙂

8. ko-chi - August 3, 2007

well, they could always argue that the caveat is “in accordance with the laws of Malaysia”, and they could say “according to the law, you need to show your birth certificate”. never mind the fact that maybe the other ex-CPM fellas who have come back didn’t have to shoulder the burden of that requirement. regardless of how one views the CPM, and their role before and after merdeka, the fact remains that they and the Msian govt signed a peace accord willingly, and terms of that accord have to be respected. unless of course the Msian govt wanna prove that the Spore govt was right in alleging we always shift the goal posts.

9. yh - August 3, 2007

whats the blah-blah about letting him return to spend the last leg f his life in the country where he was born? why is the government spending unnecessary time and resources in trying to stop his return? for what political reasons or implications?
this government is bordering dysfunctional and needs a good spanking in the coming election.

10. dzulman - August 3, 2007

Why are you all so sympathetic with Chin Peng whose hands are still stained with the blood of thousands of members of the Armed Forces, Police and innocent civilians? He’s still the de facto Secretary General of the illegal CPM and has refused to disband the party.

The signing of the agreement was one of the biggest mistake by Mahathir’s Govt. The CPM and other Communist movements were on their way out. The Govt should have played with time as they (the CPM) did not have time.The Thais prodded the Malaysians to hurry up as they wanted to exploit the Malaysian story to corner their Communist Party of Thailand.

Communism is not a thing of the past. They are capable of resuscitating if the socio-political and economic situation is unstable.
Chin Peng always smiles especially to the press and the late Tan Sri CC Too once remarked – never trust a smiling Commie!

Why make Chin Peng and his goons as heroes. They have not contributed anything worthwhile to the Nation. If they are nationalists as they claimed why did they persist with armed struggle, militant activities and commiting atrocities even after independence?

11. monsterball - August 4, 2007

dzulman is the real goon..
Useless to explain so much already been said.
Just want him to tell me one thing….one thing only..’
hi smart dzulman….Why did the British Empire decorated Chin Peng after the Japanese surrender?

12. dzulman - August 4, 2007

To Monsterball, please refresh your knowldge of the past….

The Brits decorated all those who helped them against the Japs but took them back after the Communists (CPM) betrayed them. The CPM right from its inception in 1927, activiely conducted its activities in furtherance of policies and objectives laid down first by the Communist International ( Comintern) and later by the Chinese Communist Party (CCP). When USSR was changing its colour and the CCP was being more liberal, Deng Siao Peng advised regional Communist parties that they were on their own. CPM was feeling the pinch of being isolated. Their “war of national liberation” was already wanning and fast loosing its stings. The people at large have no time for them at all.

Then Rashid Maidin on behalf of the party wrote a letter to the late Tun Gaffar Baba suggesting a meeting. That initiated the process of peace talks culminated in the signing of the Agreement in Dec 1989 at Hadyai.

Chin Peng’s application to return is actually part of a ploy, his strategic game-plan, to gauge Malaysians’ response as he never dropped the idea of establishing the CPM as a political party if ever he is able to return.

Chin Peng and the remnants of the top party cadres are comfortable in South Thailand as they are finanacially OK. Chin Peng himself is rich with businesses even in Hong Kong. He does need to come back.

We have enough problems without him around and Malaysia will not loose a thing if he does not return!

13. monsterball - August 5, 2007

dzulman…So the 50000 who bought book written by Chin Peng are bloody fools…paying so high prices to read trash.
You sure talk like a political student….ONE SIDED BRAINWASHED half truths and so proud to obtain your degree?
Well my friend…we old folks have better than your so call recognized degree . We are the the living proofs.
Go to hell with your logics.
I quote…’but took them back after the Communist betray them”…Tell that to the marines!!

14. monsterball - August 5, 2007

I quote again…’Malaysia will not loose a thing if he does not come back”
So you now speak for all Malaysians?
What you are saying is UMNO will loose face…SAY IT STRAIGHT AND PROPER!!!
wah…now talking Chin Peng so rich as a businessman….come back or not…means nothing to him.
hi you dimwit…HE IS FIGHTING TO COME BACK TO HIS HOMELAND TO DIE….and we are supporting his just cause. Why all the twists and turns?

15. monsterball - August 5, 2007

If we love freedom so much…dzulman….what’s wrong with Chin Peng keep fighting for an established communist political party in Malaysia..which was infect promised by the British.
What British and UMNO did wrong…you choose to ignore.
Indonesia with 250 millions..10 times more muslims have communist political parties…Which country do you think is more democratic…Malaysia or Indonesia?
By the way…what does ‘COMMUNISTS’ mean to you?
Don’t look at he dictionaries…just from real facts…as we see it….tell me.

16. wits0 - August 6, 2007

“’Malaysia will not loose a thing if he does not come back””
———————————————-
Then would Malaysia gain anything to hate like an Arab? The previous Pope unwittingly apologised for the Crusades – did we see a reciprocation from them? So, if M’sia keeps its selected hatred alive, does it show that it is righteous?

17. monsterball - August 7, 2007

witsO…that lawyer burok talk through his arsehole….memorizing from distorted history books without doing actual researches. Have we not seen few talk like that and run away like a tikus.
Any idiot will know he is an UMNO man.

18. AhPek - August 8, 2007

yeah sure

19. dzulman - August 9, 2007

Sorry old chap monsterball I’m no umno man.I’m not a tikus either. I went through the bitter experience which you may be too young to understand. I lost a few good friends at the hands of the communists’ atrocities. They have a long term agenda and people like you are susceptible to their propoganda and can be used as their tools.

By the way yes the Partai Komunis Indonesia was a legal organisation prior to 1965 massacre since then it has been totally banned just like the CPM it was only proscribed in 1948.

If you feel great with the communist so be it – that’s your choice!


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