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Lim Guan Eng

Posted by Admin Direktori Blog | Posted on 3:08 PTG

Lim Guan Eng


Can The Prime Minister Walk The Talk By Guaranteeing That The Registrar Of Societies(ROS) Will Not Abuse Its Powers By Deregistering The DAP If DAP Files A Legal Suit In Court Challenging The Directive To Hold Re-elections As An Arbitrary And High-handed Abuse Of Power That Is Both Unlawful And Without Any Legal Basis?

Posted: 17 Aug 2013 08:29 AM PDT

Press Statement By DAP Secretary-General And MP For Bagan Lim Guan Eng In Kuala Lumpur On 17.8.2013

Prime Minister Datuk Seri Najib Tun Razak claimed UMNO was a credible political party that played by the rules and was ready to walk the talk. If so then why was UMNO ordered to be deregistered by the High Court in 1989 after an application by UMNO members for malpractices and not playing by the rules during the 1987 party elections?

Najib is repeating the lies of Utusan Malaysia, New Straits Times and a vicious fictitious account by one Father Augustus Chen who does not even exist, that DAP had allegedly failed to notify 753 members of its Central Executive Committee (CEC) election last year. Even the ROS knows that this is a lie when the ROS refused to state this as the reason or any other reasons for that matter, in ordering DAP to hold re-elections. By only saying that it is dissatisfied without giving any reasons, it is clear that the ROS is unable to do so because it has no valid reasons whatsoever to give.

However, DAP is compelled to submit to this grave injustice and abuse of power by ROS in the interests of the party's very survival. DAP leaders are worried that ROS may use the pretext of DAP challenging the ROS decision in court to further abuse their powers by de-registering the DAP. There were 3 clear instances of such threats of the political survival to the DAP:-

· the announcement by the Home Minister Datuk Ahmad Zahid Hamidi, before the ROS had even informed the DAP, that the DAP has been directed to hold fresh re-elections is a clear indication that the ROS is neither an independent nor an impartial authority but acting solely under the political dictates of BN;

· when DAP's repeated requests to the Registrar of Societies to be supplied with the complaints made against the party were completely ignored; and

· the shocking refusal of the ROS to even see me in my capacity as DAP Secretary-General on the reasons why and under what powers are re-elections called is not only unprofessional but proves its oppressive, repressive and suppressive intent against the DAP.

DAP leaders can not passively wait to die but must be pro-active to fight for our survival in face of such overt hostility and mala fide intent of the ROS towards the DAP. Much as DAP leaders wanted to challenge the ROS in courts to prove that the DAP CEC elections were conducted cleanly and properly as verified by an international accounting firm, there were genuine concerns that filing a judicial review may trigger further action by the ROS in the form of deregistration of the party.

Can the Prime Minister walk the talk by guaranteeing that the ROS will not abuse its powers by deregistering the DAP if DAP files a legal suit in court challenging the directive to hold re-elections as an arbitrary and high-handed abuse of power that is both unlawful and without any legal basis? If the Prime Minister can give such a guarantee, then DAP will file a judicial review in court immediately to correct an obvious travesty of justice. Otherwise DAP has to face the reality of the brutality of ROS abuses of power by follow the ROS directive to hold re-elections even though DAP has done no wrong.

LIM GUAN ENG

—-Mandarin Version —

民主行动党秘书长兼峇眼区国会议员林冠英于2013年8月17日在吉隆坡发表声明:

如果民主行动党入禀法庭挑战社团注册官无法律根据,武断而强势滥用权力指示民主行动党中央执行委员会重选的决定,那首相纳吉是否肯承诺社团注册官不会滥用权力借机撤销民主行动党注册?

首相纳吉拉萨声称巫统是兑现诺言和奉公守法的政党,但为何巫统会被党员投诉该党1987年党选出现舞弊和不合法程序时,在1989年被高等法庭命令撤销社团注册呢?

纳吉是重复着《马来西亚前锋报》、《新海峡时报》及虚构"陈奥吉斯特牧师"的诬蔑论调,声称753名行动党中央代表没有受通知出席全国代表大会和选举。但是连社团注册官自知理亏的情况下拒绝提出任何有真凭实据的根据和理由,一味以不满为由要求行动党举行重选中委,这是证明社团注册官根本没有合法理由来要求重选。

因此,民主行动党基于党正常运作为前提,避免被社团注册局撤销注册,唯有决定重选中委。党领袖也担心社团注册官会以民主行动党入禀法庭,挑战社团注册官的决定而借机撤销民主行动党注册。这可从3件事清楚看到民主行动党是面临政治打压,既是:

- 内政部长阿末查希在社团注册局正式通知行动党进行中委会重选之前,便做出公开宣布,这很证明社团注册局是根据国阵的政治指示来运作,而不是独立、也非公正的官方机构。

- 民主行动党一再地要求社团注册官出示针对民主行动党的投诉,但是当局一直无视民主行动党的要求。

- 身为民主行动党秘书长,我最为震惊是社团注册官拒绝与我会面解释,显示出当局的不专业处事态度,敌意压迫,刻意刁难和针对性对付民主行动党。

要对抗拥有恶意意图的社团注册官充满敌意的举动,民主行动党领袖绝不能坐以待毙,而要以党运作为前提来避免让恶人得逞,所以我们要入禀法庭挑战社团注册官的决定,证明党选是经得起国际稽查公司的仔细审核。但是这项挑战可能引发社团注册官借机撤销民主行动党的注册。

因此,首相纳吉是否肯承诺,如果民主行动党如果民主行动党入禀法庭挑战社团注册官,而社团注册官不会滥用权力毫无法律根据地撤销民主行动党注册。一旦首相肯给予保证社团注册官不会轻举妄动,那民主行动党将即刻入禀法庭讨回公道!否则民主行动党唯有面对社团注册官滥权的恶意决定,纵然民主行动党奉公守法也被逼进行重选。

林冠英

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