PM: Decision To Reinstate Dr Chua Based On MCA Constitution

PM: Decision To Reinstate Dr Chua Based On MCA Constitution

Thursday, 05 November 2009 00:13 |

The Registrar of Societies (ROS) made a “purely legal” ruling based on the MCA constitution in reinstating Datuk Seri Dr Chua Soi Lek as the party deputy president.

The same provision used by the registrar also kept Datuk Seri Ong Tee Keat as president, Prime Minister Datuk Seri Najib Tun Razak said.

“The MCA constitution stated that it required two-third majority to remove anyone in MCA, whether elected or appointed.

“Based on this, ROS interpreted that Dr Chua is the deputy president. The same provision also keeps Datuk Seri Ong Tee Keat as president of MCA.

“The principle is consistent (applicable to both) and not conflicting,’’ Najib told reporters at Parliament when asked to comment on the latest development in the party.

He added that the most important task for the MCA leaders now was to go to the ground and make sure the Chinese community “buy into” the solution for the leadership crisis.

On the position of Deputy Finance Minister Datuk Chor Chee Heung, one of the four MCA central committee members removed on Tuesday, Najib said “leave the government position to the Prime Minister.”

Home Minister Datuk Seri Hishammuddin Tun Hussein denied speculation that Najib and himself had a hand in the ROS decision.

“I personally oversaw the situation. There is no possibility the Prime Minister ordered the ROS to do this.

“Do not connect the Prime Minister to this matter,” he told reporters at the Parliament lobby yesterday.

He added the decision made by ROS was based on the Societies Act 1966 and the MCA constitution.

The ministry and the ROS would stand by the decision, he added.

Hishammuddin said parties aggrieved by the decision had a right to bring the matter to court or other appropriate channels of appeal.

In a separate function, Deputy Prime Minister Tan Sri Muhyiddin Yassin said Barisan Nasional would not hold any special meeting over this issue.

“The MCA leaders including Ong Tee Keat, Dr Chua Soi Lek, Liow Tiong Lai, Youth chief (Datuk Dr Wee Ka Siong) and Wanita chief (Datin Paduka Chew Mei Fun) need to to calm down as I am sure all the leaders can find a solution,” he told reporters after opening the Asian Pacific Aquaculture 2009 and the Malaysian International Seafood Exposition 2009.

Muhyiddin said Dr Chua had come to see him to explain about his position yesterday morning.

“If Liow wants to, it is his right to challenge (the ROS decision). He was previously the vice-president but then he was elected as deputy president by the central committee,” he said.

One party, he added, could not have two deputies.

“I hope this issue can be solved so that there is one deputy, whoever that may be.

“But what was decided by the ROS was based on the party constitution,” he said.

Article here.

Brutus and Gang , go tell PM you don't agree with him !

Heng: Trio aware they are

violating constitution

KUALA LUMPUR: The three MCA central committee (CC) members requisitioning for a second extraordinary general meeting (EGM) know their actions contravene the party constitution, said information and communication bureau chief Senator Heng Seai Kie.

If Wong Nai Chee, Datuk Liew Yuen Keong and Datuk Wee Jeck Seng insist on holding the EGM, they must modify and re-submit their resolution because the current motion had been rejected earlier by the party secretary-general, said Heng, who is also Wanita MCA secretary-general.

Heng said the three had requisitioned to hold an EGM, which would contravene Articles 35 and 41 of the party constitution.

“The secretary-general had already explained the grounds for rejecting their motion to convene the EGM.

“I am surprised that all three requisitionists, who knowingly have contravened the party constitution, are persisting in calling for an EGM,” she said in a press statement.

Heng urged all party members to give the greater unity plan an opportunity to succeed and to stop the in-fighting.

“It is within our will and ability to mobilise all resources to promote party reforms to regain the rakyat’s support and ultimately face the next general election,” she said.

Heng added that majority in the CC had accepted the greater unity plan during a meeting on Nov 3.

She said that at a previous CC meeting on Oct 15, party president Datuk Seri Ong Tee Keat did instruct for the convening of an EGM, but later found out that the proposal did not fulfil Article 41 of the party constitution.

The article states party polls may be held only if two-thirds of the CC members resign.

In Johor Baru, party veteran Datuk Freddie Long said the Chinese community was tired of the constant bickering among top MCA leaders.

“As for those ambitious ones, I think they should wait because there will be another party election in less than two years,” the former five-term assemblyman said yesterday.

Is MCA's Party Constitution a piece of TOILET Paper ?

Here's an extract from this article which I find it well written . I am highlighting the essential and prominent sentences in red .

Tattered MCA must emulate Umno
Ng Kee Seng

PETALING JAYA (Oct 18, 2009) : The ruling Barisan Nasional (BN) coalition's dominant party Umno concluded last week's historic annual general assembly, featuring an extraordinary general meeting (EGM) to amend its constitution, without a hitch.

Like MCA's many other EGMs, it was inconclusive because there was a lack of acceptance to the outcome of the EGM and a lack of respect for the party constitution.

Before the EGM, all quarters and leaders swore they would respect the decision of the delegates but what has happened?

They began putting forth arguments, various interpretations of the decision, ignoring the party constitution. That is their version of accepting and respecting the decision of the delegates.

If Umno members can respect their constitution, make selfless decisions for the party's well being, and leave it at that, why can't MCA?

Every political party has a constitution to ensure lawlessness is not the order of the day. No consensus will prevail if members continue to put forth other factors to challenge the delegates' decision and constitution.

For MCA, the constitution clearly states that the president can only be removed from office in an EGM with the support of two-thirds of the central delegates. To continue challenging that is disrespectful to the Constitution . Period !

Embattled president Datuk Seri Ong Tee Keat has called for another EGM so that members (in this case the 2,380 central delegates) can decide whether they want to remove the central committee (CC) members to pave the way for fresh party elections.

To say the least, those who objected to EGM2 are simply afraid to face the delegates and members for their own selfish reasons. They have bandied about all sorts of reasons to justify remaining in office.

All party members are supreme or paramount because they make up the party. Not the CC, presidential council or individuals.

Before the 10/10 EGM, Ong said that he would have to quit if he loses the confidence vote. He has not. Neither has he said he will not.

Quitting is one thing, leaving the party in tatters will smack of irresponsibility.

A sizeable number of CC members who were aligned to Ong have decided not to "sink or swim" with their president. Whatever happened to collective decision?

Like to add :

Under section 30.1 as provided by the Party Constitution , the President has the power to call for an EGM as directed by the President . Why are these "conspirators" objecting to the President's call for an EGM ?

Is the party's Constitution a piece of worthless paper or is it Toilet Paper ?

Deputy must not be appointed as party's No 1
Giam Say Khoon

Ong Tee Keat

Chua Soi Lek

PETALING JAYA (Oct 14, 2009): The MCA central committee (CC) should not appoint the deputy president to take over from Datuk Seri Ong Tee Keat should he resign his presidential post tomorrow, said Save MCA campaigner Datuk Theng Book.

Theng told a press conference today that since Ong has lost the support of the majority in the party, he must step down but a vacated president's post can only be filled by a deputy president as stipulated under the party constitution. Furthermore, the CC has no power to appoint any CC member to be the president.

He said the committee should also not appoint a deputy president merely to take over the president's post because the status of former deputy president Datuk Seri Dr Chua Soi Lek, who was not reinstated at the extraordinary general meeting (EGM) on Saturday, is still debatable.

"Chua was reinstated as a member and he should have his post back because the party accepted the fact that when the six-month suspension of Ipoh Timur chief Datuk Thong Fah Chong was lifted, his status as central delegate and division chief was recognised by the party and he was allowed to vote in the EGM.

"Chua is still legally the deputy president although a resolution not to reinstate him was passed at the EGM. We want the MCA legal bureau to clarify his status and we hope the party will treat him fairly as it did Thong," he said.

Theng said the sentiment among the grassroots was that they would not accept the CC sharing the 'spoils of war' at a closed-door meeting because whoever was appointed would not reflect their choice and the best way to resolve the crisis was for the CC to resign and pave the way for fresh party elections.

Ng Yen Yen

However, he said it is acceptable for the CC to have an interim president provided fresh elections are held by end of the year although there is no such position as interim president under the party constitution.

"Another way is to call for a referendum under Article 171 of the party constitution to allow the highest authority, which is the central delegates to decide when the party constitution is unable to solve the problem," he said.

Vice-president Datuk Seri Dr Ng Yen Yen reported today as saying she and the other elected vice-presidents including Datuk Seri Liow Tiong Lai and Datuk Seri Kong Cho Ha had reached an agreement on who should lead the party although no details were gi