6
Jul 2015 Tan
Sri Robert Phang
KUCHING:
Former magistrate and veteran counsel Chong Siew Chiang believes that Kuantan
Chong Hwa High School (Guan Zhong) is not a Chinese independent school (Du
Zhong) based on the letter of approval; hence, its students are not eligible to
sit for the internal examination to acquire Unified Examination Certificate
(UEC).
He
pointed out that having a non-Du Zhong students sitting for UEC would be an
infringement of Section 69 of Education Act 1996.
“Any
individual who contravenes the Section should be guilty of an offence and upon
conviction, be liable to imprisonment for a term not exceeding one year,” he
said, adding that such offence would even result in UEC being declared invalid
and the school concerned slapped with a closure order.
Chong
made these remarks during a seminar on the recent leadership crisis of United
Chinese School Committees Association of Malaysia (Dong Zong), organised by
Kuching Si Ho Lim Clan Association, at Crown Square here on Friday night.
The
letter of approval for Guan Zhong that decides its status has been cited as the
initial incident that leads to a spate of unpleasant internal conflicts within
the Dong Zong.
Chong
asserted this was the reason why Dong Zong chairman Dr Yap Sin Tian and its
deputy chairman Chow Siew Hon insisted on adhering to the law and the
association’s constitution, rather than risking any Du Zhong being transformed.
“The
letter of approval clearly states that the teaching medium for Guan Zhong is
Bahasa Melayu (BM). This is totally different from Du Zhong whereby BM is just
a subject.
“As
stipulated under the Education Act 1996, the government defines UEC as an
internal examination. Besides, Prime Minister Datuk Seri Najib Tun Razak, who
is a former education minister, in a Parliament reply dated Dec 18, 1995, said
the current 60 Du Zhong in the country should remain status quo under the
Education Act 1961, and that only students of Du Zhong are allowed to take UEC
examination.”
On
another camp challenging and aiming to topple Yap and Chow, Chong said this
group failed to observe and abide by the association’s constitution 5(2)(3),
5(3)(1) and 5(a)(9).
According
to the said constitution, he said the Central Committee (CC) line-up would have
to be agreed on and formed before the election of members for the Central
Executive Committee (CEC).
“On
Dec 7, 2014, this camp refused to attend a meeting aimed at discussing matters
on Guan Zhong. Later, they called for a meeting in the absence of Yap to come
up with a new CEC leadership – with the aim of toppling Yap.
“This
is the ‘law of jungle’ which we shall no longer use. Moreover, toppling is not
gentlemanly. Yap was elected chairman according to the rules of the
association, but the so-called new chairman of the new CEC was not elected
according to the rules.”
Chong
stressed that the association’s constitution ‘is the contract binding all
members of the association’.
“In
the recent case of Dong Zong, it has become crystal clear which camp was
challenging and going against the rules.”
On
the arguments by some quarters that the current 60 Du Zhong that were without
letters of approval – making them no different from Guan Zhong – Chong
dismissed such statement as ‘ignorant’.
“The
said letter of approval comes into effect following the enactment of Education
Act 1996. Prior to that, the requirement of such letter of approval did not
exist. However, the 60 Du Zhong do hold a permit.
“What
I have laid out is based on facts and the perspective of the law. As a lawyer
who has been in practice for 49 years, not even the judge in court could
dismiss my statements – yet there are quarters out there judging me left and
right.”
Chong
said although the Malaysian government did not recognise UEC, some 600
universities worldwide would accept UEC holders into their institutions.
“UEC
is widely recognised by many renowned universities including those in
Singapore, Hong Kong, Japan, China, the United States, Australia, Canada and
the United Kingdom.”
Meanwhile,
Yap hit out at Dong Zong secretary-general Poh Chin Chuan, who was responsible
for submitting another CEC line-up to the Registrar of Societies (ROS) – a
move, if not withdrawn in due time, might lead to the de-registration of Dong
Zong.
He
said it was evident that Poh and his camp would stop at nothing to achieve
their agenda. He thus announced some measures to ‘save Dong Zong’.
“Firstly,
Poh and his camp must withdraw and cancel the illegitimate CEC line-up so that
ROS would not have two lists of leaderships. Secondly, they must not abuse the
power and submit an illegitimate list to ROS since they have access to the
passcode.
“Thirdly,
their act of producing illegitimate CEC line-up has been branded as contempt of
law. They have already been dragged to court and a verdict can soon be
expected. Once convicted, there will be consequences.
“And
lastly, Poh and his camp have been infringing the rules to induce a series of
crises in order to wrest power – people could not help but ask whether such a
secretary-general should be retained in Dong Zong.”
