FORMER COMMUNIST CHIN PENG FAILS LAST BID TO ENTER MALAYSIA

PUTRAJAYA, April 30 (Bernama) -- Former communist leader Chin Peng Thursday
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 be permitted to enter this country.

Justices S.Augustine Paul, Hashim Yusof and Wira Ghazali
Mohd Yusof made the decision 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 Chin Peng must produce his
birth certificate or citizenship to prove that he is a Malaysian cit izen before
he can pursue his legal action against the Malaysian government.

Appeal Court Judge 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.

On Thursday, 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 that 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 be settled in Malaysia shall
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 that 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 that he had once possessed a
formal copy of the certificate.

Senior federal counsel Suzana Atan appeared for the defendants.

-- BERNAMA