Thursday, August 6, 2009

Five reasons to dismiss sex tape probe',蔡细历举5大理由撤销光碟案投诉 马华党章不承认《党员行为守则》

From Malaysiakini, 05.08.09

A day after attending the MCA disciplinary board hearing on his sex tape scandal, Dr Chua Soi Lek made public his submissions to the board - listing five main reasons why the probe should be dismissed.

In the latest posting in his blog yesterday, the embattled MCA deputy president revealed that his lawyer had written three letters to the disciplinary board in the last week of July.

The case against him pertains to a DVD which portrays Chua having sex with an unknown woman, widely distributed in January 2008.

The charge is that the scandal has tarnished the party's image.

Chua summarised those letters and gave five main grounds, explaining why the complaint againt him should be dismissed.

1 The complainant Eng Cheng Guan had withdrawn his complaint against him and did not attend the hearing. This had denied Chua's right to question his accuser.

Due to the absence of a complainant, the disciplinary board is acting as both judge and prosecution, which is against the party constitution which requires the board to deliberate and consider all complaints in an independent, impartial and unbiased manner.

Complainant had no 'locus standi'

"How can the disciplinary board do so in this instance if it is both prosecutor and judge in the matter?" asked Chua.

" would overstep the bounds stated in the constitution of the MCA and act unconstitutionally, illegally and wrongly."

2 According to the MCA constitution, Eng has no locus standi to lodge a complaint against Chua as he is from a different division (Simpang Renggam) from Chua's (Batu Pahat).

3 Chua would be penalised twice if the complaint is heard again.

Chua said he had resigned from all government and MCA posts when the tape surfaced in January 2008, and the resignation was accepted by both the government and MCA.

When he constested the party deputy president's post in October 2008, none including Eng questioned his candidacy and eventually he made it as the number two in the party.

"This conduct of the MCA, its disciplinary board and the complainant all leads to one irresistible conclusion: That the complaint had been dealt with and is over."

MCA members vindicated me

"It is clear to all, in any event, that the General Assembly (and the members of the MCA) have vindicated the respondent (Chua)," he stressed.

4 The party constitution requires that a written complaint must be 'initiated and referred' by the party presidential council to be heard by the disciplinary board.

Chua further questioned whether the presidential council could "take over a complaint that has been made and then withdrawn" by "a member who had no standing to initiate the complaint".

5 Eng's complaint alleged that Chua had breached the 'Code of conduct for MCA members' which is not recognised or referred by the party constitution.

"Since the disciplinary function and powers of the disciplinary board are based on articles 123 and 124 of the constitution of the MCA, and not from the 'Code of conduct for MCA members' these entire proceedings are, with respect, a non-starter," said Chua.

"The code is the legacy of former president Ong Ka Ting. However, he did not amend the party constitution to include the code.

"The reasons outlined here are all good reasons for dismissing the complaint," said Chua.


转载自当今大马, 06。08。09









(二)根据马华党章,黄清源不具有投诉人的法定地位(locus standi),因为黄清源来自新邦令金区会,蔡细历却来自峇株巴辖区会,由于两人来自不同区会,因此前者不能投诉后者。








(四)马华党章第123A条文规定,会长理事会必须提出与提呈initiated and referred)书面投诉给纪委会,后者才能展开调查。






Unknown said...


The accuser withdrew and did not turn up because you have intentionaly posted his complaint letter in your website. His life is under threat, may be threatened by your supportors. That is the purpose for posting the letter in the net. Actually, MCA can charged you for exposing that compaint letter in the net. Challenge you to put up this posting.

Unknown said...

Hi! Dr Chua,

Five reasons why Dr Chua should quit MCA and join the Opposition PR:-

Reason No.1:- Many Chinese pointed out that it's another attempt to bury you politically. Therefore, it is pointless for Dr Chua to stay loyal with the current MCA leadership under OTK who wishes to see you remove and sack from MCA soonest possible.

Reason No 2.:- Many Chinese have stay away from MCA and also never trust its leaders who failed their obligations and duties in protecting the constitutions rights of Chinese Malaysians for past 52 years.

Reason No 3.:- Many Chinese know that MCA leaders are real coward and running dogs of BN with no balls to speak up in front of big bully UMNO on many issues like education, scholarship, civil services, contracts etc affecting the Chinese portions.

Reason 4:- All Malaysians including Chinese have change taste to vote for multiracial party in DAP and PKR and dislike racist parties like MCA, MIC and UMNO today.

Reason 5:- All Malaysians have forgave Dr Chua for his good gentleman to resign all his portfolios in BN govt to take responsiblities of his guilty in sex scandal. Bravo ! Unfortunate, many BN enemies in MCA and UMNO warlords prefer to bury your political career in 6th ft underground using the MCA Disciplinary Board to ruin your image and public reputation.

Last but not least, Dr Chua should understand clearly and re-consider the 5 reasons carefully. The world has changed and moving forward but Malaysia will remain unchanged and moving backward under the old BN regime. Yes, it is timely Dr Chua should seek kind words from Dr Chua Jui Meng and Zaid Ibrahim on why they changed parties from MCA and UMNO to Pakatan Rakyat today because 89% Malaysians want a total change to CAT system government in Malaysia for better tomorrow and future. ME TOO !

Unknown said...

I agree with Tuanku, why waste your time in MCA?

Welcome to my Blog

As a concerned MCA member, I am trying my best to help in the process of rebuilding and repositioning of the party.

Therefore, I welcome party members and members of public to post your constructive suggestions and opinions on my blog on how to rebuild and reform the party, eventually enabling MCA to regain support from all party members and the community.

Thank you for your suggestions.