Is Datuk Poh Ah Tiam Willing To Announce
That MCA Shall Sue Government Authorities That Implements Policies
Detrimental To The People's Interests?
Press Statement
by Betty Chew
Gek Cheng
(Melaka, Thursday): I wish to ask MCA State Chairman
And Melaka State EXCO member Datuk Poh Ah Tiam whether he is willing to
announce that MCA shall sue government authorities that implements policies
detrimental to the interests of the people. Such an announcement will only
prove the sincerity of MCA to protect the people's rights and correct
injustices. Datuk Poh had said that the Melaka MCA legal bureau will be
expanded to take action against unscrupulous traders who cheat consumers and
the people.
Such a move is politically motivated to enhance and rescue the image of MCA,
which has been battered following policies which have aroused the people's
anger such as the high-handed and arbitrary closure of Jalan Graha Maju and
financial scandals. I had questioned why Datuk Poh did not concentrate on
using his powers as Melaka State EXCO member to direct the relevant
government authorities' enforcement division to exercise their prosecuting
powers to take action against unscrupulous traders.
Such use of prosecuting powers will be more effective than consumers taking
legal action against unscrupulous traders in saving time and money from
filing civil actions in court. Why travel all the way to Perlis to lodge a
report when you can do the same in Melaka? After all, there are enough laws
in Malaysia to prosecute anyone for any offence committed. Even if there is
insufficient evidence, we still have laws which allows for government action
to detain those suspected of wrongdoings.
Furthermore unscrupulous traders are not afraid of civil suits as they can
always employ lawyers to fight the matter in court. What unscrupulous
traders are really afraid of is being prosecuted by the government under
relevant laws where they can be penalised not only in fines or losing their
licenses but also imprisonment. Will traders be
afraid of facing civil suits from individuals where the heaviest penalty is
monetary compensation or being prosecuted by the government where they can
go to jail? I am sure the people, especially the poor, will prefer that the
government prosecute unscrupulous traders than they themselves sue in court,
where they are exposed to the risk of paying all legal costs should they
lose.
Instead of Datuk Poh replying, I am surprised that Melaka MCA Legal Bureau
Koh Nai Kwong has responded by criticising me today. Koh Nai Kwong should
realise that the functions of the MCA Legal Bureau is a political not a
legal decision. It is Datuk Poh Ah Tiam who decides the ambit of the MCA
Melaka Legal Bureau especially whether it is empowered to sue government
agencies who neglect to carry out their duties.
Koh Nai Kwong should not interpret my remarks as an attack against him when
I have never mentioned him or any other lawyers but directed myself solely
against Datuk Poh Ah Tiam. My remarks were based on facts, not
emotionally, and have never used words like puppet to describe him or the
MCA Melaka Legal Bureau. As members of the Bar, we lawyers enjoy a cordial
professional relationship. I have never made any attacks nor
denied the contributions of my fellow lawyers who are sincere in serving the
public.
What I will not agree is political leaders like Datuk Poh who appears to try
to push the matter to their legal Bureaus to act when a more effective
solution is to exercise their powers as State EXCO members to direct the
relevant government agencies to take action. What is the use of holding
political power if one does not use it – "being a houseowner without the
power'! What is the use of paying our civil servants salaries if we do not
direct them to act for the benefit of the people?
So far Datuk Poh has not announced that MCA is prepared to sue the
government authorities that implements policies detrimental to and cause
losses to the people. It can not be denied that the people suffer more
directly from unfair government policies and indirectly from the failure of
the government to act against unscrupulous traders. For instance when MPMBB
tried to evict Jalan Bendahara 9-storey flat residents in 1987, MCA did not
step forward to fight this eviction notice against MPMBB. It was DAP Deputy
Chairman Karpal Singh who stepped forward and gave free legal service to the
200 families in 9-storey flats.
Similarly when the police unfairly imposed two RM300 traffic summons early
this year under Ops Warta that affected almost every Malaysian who had to
line up for hours to pay traffic summons, MCA did not dare to sue the
police. Again it was Karpal Singh who stepped forward and sued the police.
Such courage to sue the government appears to come only from the DAP.
It is for this reason that I directed my questions to Datuk Poh Ah Tiam as
the courage to sue the government is a political issue to be decided by the
party and not an individual or personal one. I believe that many MCA lawyers
have the same courage to act if only MCA as a political party has the
courage to act. However, such courage in MCA is lacking when two Penang
State Assemblyman are now being punished by MCA, not for corruption but for
daring to stand up for the people.
As long as Datuk Poh dares not announce that
MCA is prepared to sue the government over policies detrimental to the
people, any announcement of expansion of MCA's legal work to help the people
by Datuk Poh is merely a "political sandiwara". The people can not see how
MCA can legally protect the people's rights and correct injustices when it
is willing to support such unfair government policies like the closure of
Jalan Graha Maju.
(13/12/2002)
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Betty Chew Gek Cheng, DAP Wanita Melaka
Chairperson and State Assemblywoman for Durian Daun
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