Chin Peng has no legal right to sue government

http://www.malaysiakini.com/news/40305
Chin Peng has no legal right to sue government

Sep 12, 05 8:02pm





The government claimed that former Communist Party of Malaya (CPM)
secretary-general Chin Peng and other members of the defunct organisation
has no right to sue the government to stop it from making statements deemed
malicious against them.

According to a statement of defence filed at the Ipoh High Court on Aug 16
(copies made available to the media today), the government claimed that
from the aspects of history and public knowledge the reputations of Chin
Peng and other members of his party had already been ruined in the eyes of
the public.

In a Bernama report on the matter, the government also claimed that Chin
Peng could not bring about the action for other ex-members of the CPM
because the relief he sought was for libel.

It also claimed that the suit violated the right of freedom of expression
as enshrined under Article 10 of the Federal Constitution.

The affidavit-in-reply was filed following an order by the Ipoh High Court
on Aug 4 to the government to enter its defence against the suit filed by
Chin Peng four months ago.

Declaration sought

Chin Peng, born Ong Boon Hua, 81, had filed the suit on behalf of himself
and his followers seeking a declaration that the 1989 Peace Treaty signed
between the CPM and the Malaysian government in Hadyai, Thailand, was still
valid.

He also sought damages and an injunction to prevent the Malaysian
government or its agents from making libellous statements about him.

The suit was filed following reports on March 21 and May 6 that Deputy
Information Minister Zainuddin Maidin had announced that Radio Television
Malaysia would air documentaries on the atrocities committed by the
communists after the Second World War and for a decade following Malaysia's
independence.

Chin Peng, who was born in Sitiawan in Perak, now lives in Thailand and has
resorted to the Malaysian courts to return to Malaysia to live out the rest
of his days.




Lawyer: Politicians behind anti-Chin Peng demo
06:17pm Thu May 26, 2005
Ex-servicemen stage demo against Chin Peng?s return
04:26pm Wed May 25, 2005
Former police officer comes to Chin Peng?s aid
11:38am Mon Apr 04, 2005
May 25 first hearing for Chin Peng?s case
06:31pm Fri Apr 01, 2005
Chin Peng files application for temporary entry
03:52pm Mon Mar 07, 2005
Chin Peng confident of return home: lawyer
10:15am Mon Mar 07, 2005
Chin Peng launches legal battle to return home
03:05pm Fri Mar 04, 2005
=====================================================
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[pluto note:
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Understanding without cybernetic dialectics creates harmonious discords]


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pluto
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