Chin Peng sues government for breach of contract

By Debra Chong - The Malaysian Insider

KUALA LUMPUR, Sept 30 — Chin Peng, once Malaysia's most feared man, is suing the federal government for going against the spirit of the peace treaties signed in Thailand 20 years ago.

Those treaties promised that former communist cadres could return to their homeland and live the rest of their lives in peace. Earlier this year, he lost his last bid to return home in the country's top court.

Chin Peng, born Ong Boon Hua, claims that the government breached the two contracts it signed with the now disbanded Communist Party of Malaya (CPM) in Haadyai on Dec 2, 1989.

In a statement of claim first filed in June 2005, the Perak-born octogenarian accuses the government of continuing to persecute former CPM members in the media by publishing "slanderous" articles.

Now 85, Chin Peng, who was secretary-general of the CPM, wants the government to stop producing slanderous statements and pay damages but stopped short of stating the amount.

However, Chin Peng's quest for a peaceful retirement is littered with obstacles.

The lawyer from the Attorney-General's Chambers, Amarjeet Singh, representing the government, argued in the civil High Court here this morning that Chin Peng is suing for defamation and not breach of contract.

Amarjeet pointed out that the newspaper articles which Chin Peng is claiming to contain slanderous statements by the then Deputy Information Minister Datuk Zainuddin Maidin never singled him out by name and did not contain any slanderous words — said to be limited to “mass surrender” and “capitulations”.— spelled out in the treaties.

He added that under both common law and the Societies Act, no social body can sue for defamation. Instead, the society must do so through its appointed representative, who must be registered with the Registrar of Societies.

The senior federal counsel said neither Chin Peng nor the CPM is registered.

Amarjeet advised the High Court to strike out the suit because it was not supported by law and was an abuse of the court process.

Chin Peng's team of lawyers, headed by constitutional law expert Tommy Thomas, countered that the trial must proceed and they would prove their claims when they call their witnesses to testify.

Among the notable witnesses they plan to put on the stand are former Inspector-General of Police Tan Sri Rahim Noor, who was one of the people who signed one of the two formal treaties on behalf of the government with the CPM.

High Court judge Datuk Balia Yusof Wahi will decide at 2.30pm today whether to strike out the suit or allow Chin Peng's case to go to trial.