Press Statement 
by DAP MP for Kota Melaka, Kerk Kim Hock 
in Petaling Jaya 
on Friday, 13.9.2002 

Cancellation of summons: Call on the Home Minister Datuk Abdullah Badawi to make a Ministerial Statement in Parliament on Monday 16.9.2002 to correct the misleading and inaccurate answers given by his deputy, Chor Chee Heong

On 19.6.2002, I had, through an adjournment speech in Parliament, challenged the legality of summons issued to the motorists by the Police under section 115 of the 1987 Road Transport Act. 

The deputy Home Minister Chor Chee Heong when replying, said that the Police would seek interpretations of the words: tuanpunya " and ": pemandu " from the office of the Attorney General.

On 3.7.2002, after getting public feedback and checking with the Police, I disclosed that the Bukit Aman Police headquarters had decided to cancel all such summons issued during Ops Warta 2. The cancellation was automatic and all motorists who had been served with such summons were not required to go to the Police station to have their summons cancelled. 

After repeated calls to get the Police to officially confirm the cancellation failed, I submitted a parliamentary question so as to seek an official answer from the Home Minister. 

Two days ago, when replying to my question as to how many summons were issued under section 115 of the 1987 Road Transport Act during the Ops Warta 2 and how many were cancelled, the deputy Home Minister Chor Chee Heong replied that a total 35, 624 summons had been issued but 29840 had been cancelled due to a few factors. 

He said that among the factors were:

  1. many registered vehicle owners did not update their addresses and as a result the offenders did not receive the notices send by registered post 
  2. there were offenders who had shifted or went to study or work in overseas countries, resulting in the registered notices sent being undeliverable 

Subsequently, in and outside the Parliament, he also said that the cancellation was temporary and that Police would reissue summons to 29,840 offenders whose summons had been cancelled. 

In view of the fact that the inaccurate and misleading answers given by Chor have caused public anger, confusion and doubt, I call on the Home Minister Datuk Seri Abdullah to make a Ministerial Statement in the Parliament on coming Monday to clear the picture. 

Standing order 14(i) of the Standing orders allows a Minister such an opportunity and the Home Minister must make use of this avenue to correct he inaccurate, confusing and irresponsible answers given by Chor by providing clarifications on the three points below:

  1. that the cancellation was not as claimed by Chor because Police had in fact issued the summons to the offenders at road blocks or at Police counters 
  2. that the cancellation was automatic and " permanent " and there will not be any reissuance of new summons for cancelled summons 
  3. that the Police should publish details of refunding the money to all who had paid their summons 

Chor was misleading the Dewan Rakyat when he gave the answer that the summons had to be cancelled because the Police could not reach the offenders as the absolute majority or all of the summons were already issued to the offenders at road blocks or at Police counters. 

The question of the Police's failure to send the registered notice did not therefore arise. I have known many cases where offenders who had gone to the Police stations with summons in their hands been told that all such summons had been cancelled. How could Chor now claim that the Police cancelled the summons because the offenders could not be reached! 

I believe that the cancellation was done due to my argument that it was wrong to impose fine on motorists under section 115 of the Road Transport Act since the vehicle owners who were the drivers who committed the offences did not have to furnish particulars of drivers to the Police as the Police already have all their particulars.

The Police must be brave to admit their mistake and not give an excuse for the cancellation so as to run away from the responsibility of refunding to those who have paid their summons.

Chor 's assertion that the Police would reissue the summons warrants an immediate clarification from the Home Minister as this is the first time that the government had announced that cancellation of a summon was only temporary.

I do not believe any one has come across or ever remember that the government has ever announced such a decision called " temporary cancellation."

Chor 's answer has tarnished the credibility of the Police as well as the Home Ministry. The Home Minister must therefore treat this matter as important and urgent and make the necessary clarification in the Parliament.

I will move a RM 10 allowance cut against Chor in the Committee stage of the Budget debate to censure him for misleading the Parliament and confusing the public.