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Oct 14, 2009

A STRAITS TIMES EXCLUSIVE

Chin Peng: Let me return to Perak
Former communist leader, now 85, has lost legal fight, but says he wants to die in his birthplace
By Leslie Lopez, Senior Regional Correspondent

BANGKOK: Mr Ong Boon Hua turns 85 in two weeks and there is only one fight left in him. He wants the Malaysian government to let him return to Perak so he can die at his birthplace.

But Kuala Lumpur wants nothing of it.

Mr Ong is better known as Chin Peng, the notorious leader of the Malayan Communist Party (MCP) who eluded arrest for decades and was responsible for the gruesome deaths of many innocent civilians and servicemen during the often brutal insurrection that began in 1948 and lasted well into the 1980s.

Last month, he lost his latest battle in court for the right to return but he intends to appeal again, he told The Straits Times this week in a rare face-to-face interview.

It is a fight that has spanned over half a decade and will continue a while yet, as Chin Peng remains a controversial figure in Malaysia.

When he appeared at the interview though, his reputation as the nefarious leader who directed Malaysia’s most vicious insurrection did not seem to square with the big old man in a long-sleeved green shirt.

He emerged from a specially fitted van with a swivel wheelchair, aided on both sides by relatives. As he shuffled to the dimly lit hotel lobby, Chin Peng looked more like a contented grandfather.

The former communist leader claimed he would not find peace until he could perform his filial duties of visiting the graves of his elders. He wants to return to Sitiawan, a small town in Perak better known for its conversion of old buildings into concrete magnets for birds whose nests are used to make the popular Chinese soup.

Turning to a fellow resident of Sitiawan at lunch, Chin Peng tried to recollect memories of his birthplace. The post office and police station were still where they stood, he was told. But his Methodist kindergarten was now a church for Tamil-speaking Christians.

Talk turned to his father’s bicycle shop.

‘We had shops in other towns in Perak,’ he said, adding that the two-wheelers were the chief mode of transport back in those days.

Wearing a grin, he reminisced about how as a communist operative, he cycled from his home to the coastal town of Lumut to meet British military operatives who had arrived by submarine during their joint operations against the Japanese army in World War II. ‘I used the trunk roads and then the estate roads to avoid being spotted. I cycled everywhere.’

Fifty years later, Chin Peng remains unrepentant.

He has not abandoned his communist beliefs and he does not regret the armed struggle. But he believes people will accept his homecoming.

‘There is no use to dwell in the past. All I want is that the Malaysian government honours the agreements we signed,’ he said during the meeting in Bangkok, where he now lives on his own.

Speaking softly and slowly and with his arms crossed over his ample belly, he added: ‘I think if I had a chance to talk to the public directly, I can convince them that my return won’t pose a problem but could help the situation.’

History lessons in Malaysian schools often recount how the communist forces slit throats and beheaded innocent civilians who ratted on the MCP to the authorities. Allowing the former MCP leader to return would infuriate wide swathes of the Malaysian public.

But a more gentle commentary about him is also emerging.

To hear supporters and admirers tell it, Chin Peng’s story is one of self-sacrifice, a striking tale of a man who played crucial roles in two guerilla struggles – against the Japanese during World War II and later the British – to free what was then Malaya from its occupying forces.

The Communist Party of Malaya (CPM) – the later incarnation of the MCP – and the Malaysian government signed a peace agreement in December 1989.

Many of the former MCP members have resettled in Malaysia but Chin Peng remains blacklisted.

An official request to return, in 2004, was rejected by then Premier Abdullah Badawi on the grounds that Chin Peng was ’still believed to have connections with an organisation promoting violence and terrorism’.

Last month, the Kuala Lumpur High Court refused to hear arguments on whether the Malaysian government had reneged on the agreement with the CPM. The court also classified the suit brought by Chin Peng against the Malaysian government as a defamation action against a Cabinet minister and dismissed his legal action.

Chin Peng’s lawyers said they plan to appeal and are also considering taking similar court action in Thailand, where the agreement was signed two decades ago, and the International Court of Justice.

During the interview, Chin Peng himself was reluctant to answer why he thought the Malaysian government did not want him to return.

Political analysts say that the Malaysian government fears that Chin Peng’s return could upset the country’s politically powerful ethnic Malay nationalist groups and raise tensions with the Chinese community because the majority of the former Communists were Chinese.

Whether he gets his wish or not, this figure from the past is not going quietly into the night.

ljlopez@sph.com.sg

Highlights of Dec 2, 1989 agreement to terminate hostilities
# The Malaysian government and Communist Party of Malaya (CPM) will cease armed activities and former members of the guerilla movement will swear allegiance to the Malaysian Constitution and the King.
# The CPM will disband all armed units in Malaysia and Thailand, while Malaysia shall allow members of Malaysian origin to return. Those not of Malaysian origin can return only if permitted.
# Those who settle down in Malaysia must pledge loyalty to the King and Constitution, while the government will not apply the Internal Security Act or any other law on them for past activities.
# The government will allow former CPM members who settle down in Malaysia to participate in political activities.

Chin Peng’s biography

OCT 21, 1924: Ong Boon Hua was born in Sitiawan, Perak.

1940-1945: Now known as Chin Peng, Ong joins the Malayan Communist Party (MCP) during World War II and is recruited into the Malayan People Anti-Japanese Army, which joins forces with the British to fight the Japanese.

1945-1947: After the Japanese surrender in 1945, Chin Peng is dissuaded by the MCP leadership from carrying out a campaign to block the British from returning to Malaya. He and seven others receive the prestigious Order of the British Empire award for their contributions to the war effort and the MCP is recognised by the British as a lawful political party.

JUNE 1948: Three British planters are killed in Sungei Siput and a State of Emergency is declared. Chin Peng leads the MCP in an armed struggle against the British, and the MCP is declared illegal. The Emergency ends in 1960, when the defeated party withdraws to the Malaysian-Thai border and regroups as the Communist Party of Malaya (CPM).

FEBRUARY 1989: Tripartite Peace Talks between the governments of Malaysia and Thailand and the CPM begin in Phuket.

DECEMBER 1989: Peace Treaty is signed in Hat Yai, but Chin Peng stays in exile.

Though it has been many years, Chin Peng and the Communist Party of Malaya continue to rouse strong sentiments in Malaysia. In a few earlier posts (tagged Chin Peng), we’ve seen the strong reactions to Chin’s application to return to reside in Malaysia.

Just today, this Star column – Into the wrong side of history – once again showed the ripples of the aftermath of the communist episode in Malaya.

The columnist wrote:

…the CPM veterans are people of a different generation and political setting, who were caught up in the world of colonialism and class struggles, which have no relevance to us.

And that Chin’s final wish of returning to die in Malaysia, which has been denied by Malaysian courts, and of the victims’ families who could not bring themselves of forgiveness is “a price he has to live with, even in his twilight years”.

The vehemence against the communists remain strong in today’s Malaysia.

Article from today’s The Star:

Saturday May 30, 2009

Ministry to stand by court decision to bar Chin Peng

PETALING JAYA: The Home Mi­­nistry will stand by the High Court decision to disallow former communist leader Chin Peng from re­­turning to the country because he had failed to present his identification documents.

Deputy Home Minister Datuk Wi­­­­­ra Abu Seman Yusop said the High Court was right in compelling Chin Peng, 85, to present his birth certificate and Malaysian citi­zenship to prove that he was a citi­­­­zen before allowing him to pro­ceed with his application for a de­­claration that he could reside in Malaysia.

“The Government will not bow to pressure from any group, especially those who want to recognise Communist Party of Malaya (CPM) leaders as nationalists or heroes who had fought for the country’s independence from the British.

“The return of Chin Peng will spark uneasy sentiments among the people, especially those whose family mem­­­­bers were victims of the com­munist cruelty and en­­force­­ment personnel who had died while fighting the CPM insurgency,” Abu Seman said in a statement yesterday.

Chin Peng, whose real name is Ong Boon Hua, has been living in exile in Bangkok.

In George Town, Penang Umno Youth expressed support for the decision to reject Chin Peng’s ap­­pli­­cation to return to the country.

State Umno Youth information chief Hasbul Hazani Daud told a press conference that allowing the former leader to return would be akin to forgetting the sacrifices of the past generations.

Chin Peng’s counsel, Darshan Singh Khaira, claimed that the Government had failed to keep its word to allow CPM members of Malaysian origin the right to enter, visit and reside in Malaysia.

He said the peace agreement signed between the CPM and the Ma­­laysian and Thai governments on Dec 2, 1989 allowed CPM central committee members and ordi­na­­ry members to re­­turn and reside in Malaysia.

“Rashid Maidin, Abdullah C.D, Sham­­siah Fakeh, Zainon @ Ah Yan, Suriani Abdullah and Abu Samah Mohamad Kassim were all allowed in except Chin Peng.

“Under the agreement, which is an international treaty, there is no requirement to prove citizenship or birth in Malaysia. So, why is Chin Peng being denied this right when he has repeatedly said that he is more than willing to die for this country?” he told a press conference at his office yesterday.

The latest from Malaysia’s The Star - Chin Peng loses final bid to live in Malaysia:

PUTRAJAYA: Former communist leader Chin Peng failed in his last bid to live in Malaysia after the Federal Court here upheld two lower courts’ decisions compelling him to produce his identification documents before he can enter the country.

Justices S. Augustine Paul, Hashim Yusof and Ghazali Mohd Yusof made the decision yesterday after dismissing Chin Peng’s motion for leave to appeal.

Chin Peng, whose real name is Ong Boon Hua, was appealing against the Appeal Court’s decision on June 20, 2008, which ruled that he should produce his birth certificate or citizenship to prove that he is a Malaysian before he can pursue legal action against the Malaysian Government.

Appeal Court judge Datuk Abdul Malik Ishak, in his decision, had said that the documents were important to ascertain Chin Peng’s status since the National Registration Department could not find any record of his birth.

It had also held that the High Court was correct to compel the 85-year-old Chin Peng to furnish his birth certificate and citizenship to prove that he was a Malaysian citizen before allowing him to proceed with his application for a declaration that he could reside here.

Chin Peng’s first bid to obtain the declaration was turned down when the High Court threw out his originating summons after he failed to comply with the court’s ruling to produce his birth certificate and citizenship papers.

Yesterday, counsel Raja Aziz Addruse, for Chin Peng, contended that proof of citizenship was not required for the applicant to exercise his right to enter Malaysia, as it could also be proved by calling his brother or teacher to testify.

He said under clause 3(1) of the peace agreement entered between the Government and the Communist Party of Malaya (CPM) dated Dec 2, 1989, members of the CPM, who were of Malaysian origin and wished to settle in Malaysia, should be allowed to do so in accordance with the law.

“The court should look at what the ‘Malaysian origin’ means. It is the function of this court to interpret the international agreement,” said Raja Aziz.

On March 4, 2005, Chin Peng filed his originating summons to obtain a declaration to be permitted to enter and live in Malaysia, naming the Government, Home Minister, Inspector-General of Police and the Armed Forces Chief as defendants.

Chin Peng, who is currently living in Thailand, claimed he was entitled to come back to Malaysia because he was of Malaysian origin since he was born on Oct 20, 1923, in Sitiawan, Dinding, Perak, and grew up in Malaysia.

He claimed that his birth was registered and he had once possessed a formal copy of the certificate.

Senior Federal Counsel Suzana Atan appeared for the defendants. — Bernama