Mazu project: Chong states his case
Shane Fuentes Thursday, 29 July 2010 23:24
KOTA KINABALU - Former Sabah Chief Minister Chong Kah Kiat, the initiator of the stalled Mazu project in Kudat, has a simple formula for moving ahead on the politically hot issue: the Sabah Chief Minister (Musa Aman) “should be a man and face the Judge” to seek a legal resolution. “He should convince the court that his two main reasons for masterminding the stoppage, cancellation and withdrawal of the approval for the project were based on sound legal principles and within the right of the state authorities,” said Chong, in an exclusive interview with Malaysian Mirror at his house in Likas, Kota Kinabalu. He was responding to remarks attributed to Musa in the local media in the wake of the Federal Court decision on Monday not to decide on the state government’s stoppage of the Mazu (Goddess of the Sea) project. “This has far-reaching implications for similar projects in future and constitutional guarantees on freedom of worship,” said Chong. “We have to look beyond the Mazu statue project in Kudat. . .We cannot accept the state government as having absolute powers on anything in a democracy.” Chong referred to the two reasons as the proposed project site being “too near a mosque” – 700 metres plus - and “objections from the local community over the site of the project”. The reasons were as stated in a letter dated June 6, 2006 from the state authorities. Chong added that if Musa could do what he suggests and win the day in court, “then only can he convince the whole world in his claim that he has been magnanimous and generous by offering an alternative site for the relocation of the Mazu statue project”. Chong was making an open public plea on his Mazu project after Musa renewed his “standing offer” to his predecessor in response to queries from the local media. Musa’s standing offer: the Sabah State Government under his Administration is still prepared to offer an alternative site for the relocation of the aborted Mazu statue project in Kudat. Earlier, Musa was asked by local newsmen about Chong’s failure to apply for leave from the Federal Court to file a notice of appeal against a recent Court of Appeal ruling against him. The Court of Appeal had ruled that Chong had no locus standi in filing a civil suit against four defendants in the state government and an originating motion against the Kudat Town Board over the stalled Mazu project. Musa is the first of the defendants. “It was Chong’s right to go to the Federal Court,” said Musa. “As far as I am concerned, the offer (alternative site) still remains. My best advice to him is to put his house (the Kudat Thean Hou Charitable Foundation) in order first.” “The Court of Appeal has said all what is needed to be said. I don’t have to say (anything further) anymore.” Chong reiterated that “Musa isn’t convincing anybody on anything these days, least of all on the Mazu project”. He would have been more convincing had he defended himself in court, continued Chong. “Instead of doing that (defending himself in court), he has been very busy trying to deny me having my day in court by whatever means he can muster,” said Chong. “As an afterthought, they brought up the issue of my Foundation being unregistered and obtained a declaration from the Court of Appeal that I had no locus standi to proceed with the suit and motion against the authorities.” “The Court of Appeal didn’t allow us even five minutes to have a say. They also advised my counsel that they will issue a written judgment only if there is an appeal.” Chong pointed out that the state government had also previously claimed that he was in breach of Section 15 of the Town and Country Planning Ordinance. “The fact that the Kudat Town Board, obviously exercising their discretion, chose not to refer the application for the project to the Central Planning Board is not my problem,” explained Chong. “I have a letter of approval dated Feb 8, 2006 from the Kudat Town Board for the Mazu statue project.” Chong is convinced that the issue of his locus standi could have been dealt with successfully “if the Federal Court had been with me” despite the uncertain legal status of the Foundation he heads. Similarly, he had looked forward to disposing the two main reasons initially cited by the state authorities for the stoppage, cancellation and withdrawal of approval for the project. “Musa won’t be able to convince the court that the two reasons are based on sound, legal and valid reasoning. They are not even morally justified,” said Chong. “No one in his right mind will say that the 700+ metres away Mazu statue is too near a mosque.” “No one has also objected to the Mazu statue project. The chairman of the mosque board testified in court, under oath, that he and his committee members have never objected to the location of the Mazu statue project and have no intention to do so. If the mosque concerned has no objections, what else is there to say?” Chong, raising a hypothetical situation, was confident that any objections from the mosque or residents would not have stood up in court “since you can’t logically, legally and morally object to something that is far away from you”. The former Sabah Chief Minister charged that the entire sorry Mazu episode in Kudat has been a series of unlawful afterthoughts on the part of the state government authorities “and they went to the Court of Appeal to conceal this fact”. “Another of their afterthoughts was to get a fatwa from the State Mufti on July 7, 2006 against the construction of the Mazu statue,” pointed out Chong. “Since when did a fatwa become binding on non-Muslims? It infringes Article 11 of the Federal Constitution.” “Just for argument’s sake, if the fatwa is against the construction of the Mazu statue project on its proposed site, it would also be against the construction on the new site purportedly being offered by the state government.” Chong ended his open public plea to the state government by confirming, “just for the record”, that he has so far “never been offered an alternative site” for his statue project although he had earlier read similar claims being made in the media. “There’s nothing in black and white,” said Chong. “The offer was never raised by the state government. Similarly, oft-reported claims of compensation in the media including by Federal Minister Nazri were never raised nor offered.”