Federal Court yesterday decided with cost that Chin “Butcher of Malaya” Peng’s notorious past shall be allowed to be remembered as how he had been know, when he terrorised Malaysians for a good 54 years. The most notorious killer’s effort to sue the Federal Government for the atrocities he committed during the period was put aside and this ruling is exhaustive for the Sitiawan born son of a bicycle shop owner.
Tuesday December 7, 2010
Court says no to Chin Peng and his men
PUTRAJAYA: Former Communist Party of Malaya (CPM) secretary-general Chin Peng and its members have lost their bid to revive their civil suit against the Malaysian Government.
Court of Appeal president Tan Sri Alauddin Mohd Sheriff, leading a three-man Federal Court quorum, denied them leave yesterday to appeal to the apex court against a Kuala Lumpur High Court’s decision to summarily strike out their breach of contract suit.
Alauddin said the court was unanimous in its decision that the question posed by the applicant (Chin Peng) for the Federal Court to determine did not meet the requirements under Section 96 of the Courts of Judicature Act 1964 for the court to grant leave.
Section 96 states that leave would be granted if the issue posed for determination of the Federal Court is of public interest.
The court ordered Chin Peng and the CPM members to pay RM10,000 in legal costs.
The other two judges were Datuk Hashim Yusoff and Datuk Heliliah Yusof.
Chin Peng, 86, born as Ong Boon Hua in Sitiawan, Perak, filed the suit on behalf of himself and his members seeking damages and to stop the Government or its agents from making defamatory statements about them.
The suit was filed over media reports on March 21 and May 6, 2005, that the then Deputy Infor-mation Minister Datuk Zainuddin Maidin had announced that RTM would air documentaries on the atrocities committed by communist insurgents after the Second World War and following Malaysia’s independence.
Chin Peng and its members also sought a declaration that the 1989 agreement signed between CPM leaders and senior government officials representing Malaysia was binding and that under the pact, any press statement issued by both the Government and Chin Peng shall not contain slanderous terms.
He claimed that the Government had breached the term and spirit of that agreement.
On Sept 30 last year, the High Court summarily struck out the suit.
On July 27, the Court of Appeal also dismissed Chin Peng’s appeal and ruled that the Government did not breach the agreement it signed with Chin Peng in 1989.
In its defence, the Government said that from history and public knowledge, the reputation of Chin Peng and other members of his party had already been ruined in the eyes of the public. — Bernama
This ruling signifies that Chin “Butcher of Malaya” Peng would be carved in stone as the most notorious Malayan born and should be remembered for the longest time for the atrocities he led against Malayans (later Malaysians) and the Commonwealth security forces that were asked to restore order, between August 1945 and December 1989.
This ruling would be a relief to many who have been gravely affected by the atrocities committed by Chin “Butcher of Malaya” Peng and his bandits. History had proven that he rejected the offer for peace, despite the majority of Malayans then already mandated that the way to emancipate the tanahair from the colonialist British was via negotiations and treaty which led to full independence. After Federation of Malaya achieved its independence on 31 August 1957, Chin “Butcher of Malaya” Peng and his terrorist bandits carried on with their atrocities for another thirty-two-and-quarter years till the Hadyaii Accord was signed on 2 December 1989.
As expected the Chinese Chauvinists DAP were very strong advocates for the most brutal killer back here as a ‘citizen’ in this tanahair. Former-abuse-of-power-convict Anwar “Mat King Leather” Ibrahim and his band of Anwaristas also harped on the notion, in their sordid attempt to win the hearts of the Liberal Malays and Non Malays, particularly the Chinese.
God willing, it was non avail and proven that His love is for persons who gave their lives, suffered and took grave risk to stop Chin “Butcher of Malaya” Peng and his terrorist bandits, such as members the Royal Malay Regiment, Royal Malaysian Police, all other security services and voluntary forces especially within the period between June 1948 till December 1989.
To those who lost their lives to the hands of Chin “Butcher of Malaya” Peng and his terrorist bandits, may you rest in peace and soul blessed by His al Mighty. Your sacrifice would always be remembered and this ruling emancipated from the threat of Chin “Butcher of Malaya” Peng be remembered otherwise.