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Sun May 4, 2008 2:21am EDT
KUALA LUMPUR (Reuters) - Malaysian women's groups reacted with outrage on Sunday to a government proposal to impose restrictions on women planning to travel overseas on their own.
The mainly Muslim country is considering requiring women to obtain the written consent of their families or employers before being allowed to travel alone outside the country, state news agency Bernama said on Saturday, quoting the foreign minister.
"It is totally ridiculous and it's a totally regressive proposal with regards to women's right to movement," said Norhayati Kaprawi, spokeswoman for Sisters in Islam.
The National Council for Women's Organisations called it unfair. "This is an infringement of our rights," council deputy president Faridah Khalid told the New Sunday Times.
The foreign and home ministries came up with the idea in response to a string of cases where women traveling alone were used by international drug syndicates to smuggle drugs across borders, Bernama said, quoting Foreign Minister Rais Yatim.
Bernama portrayed the proposal as an anti-crime measure rather than a religiously inspired idea and said it aimed to ensure that a woman's family would "monitor her departure and serve as a preventive measure against being duped".
Rais was quoted as saying that the idea came out of a review of criminal cases involving Malaysians abroad. In 119 cases of Malaysian women being brought before foreign courts, about 90 percent were linked to drugs, he told reporters.
Asked if it suspected a hidden religious motive, Sisters in Islam declined to speculate and said the proposal assumed women were less capable than men of making decisions for themselves.
"Only Dr Rais Yatim knows whether it is based on his understanding of Islam or because of his lack of understanding of gender issues," Norhayati said.
"It will definitely not solve the problem," she added, noting that many Malaysian men were also duped into smuggling drugs.
(Reporting by Mark Bendeich; Editing by Bill Tarrant)
2008/05/05
KUALA LUMPUR: "If a wife was leaving the country to get away from her husband, should she get a letter from him before leaving?" This question was posed by MCA Public Services and Complaints Department head Datuk Michael Chong to the proposal that all women travelling out of the country alone be required to have a letter from parents or employers.
"I am sure Foreign Minister Datuk Seri Dr Rais Yatim meant well with his proposal, but it is flawed and inappropriate. People have varying reasons for travelling alone."
Chong said in cases where parents asked him for help to stop their daughters from going overseas, he told them it was not right to hold their daughters against their will.
"If they are of legal age, then they have the right to travel as they please."
Chong said 97 Malaysians were serving jail terms in Taiwan for drug-related offences since 2000. "Of the 97, five are women in their 20s. Does this mean that every time a Malaysian man travels abroad alone, he should also produce a letter from his parents or employers?"
© Copyright 2008 The New Straits Times Press (M) Berhad. All rights reserved.
Tuesday May 6, 2008
JAKARTA: Foreign Minister Datuk Seri Dr Rais Yatim clarified here yesterday that his proposal for Malaysian women to show a consent letter from their family or employer before travelling out of the country alone was only meant for those below 21 years of age.
“There's some misunderstanding. I was referring to boys and girls who travel on their own, especially those below 21 and who are still subject to the supervision of their parents. Women above 21 years old are adult enough.
“But for those below 21, it's only fair that parental guidance be given,” he told reporters at a press conference here at the end of his working visit to Indonesia yesterday.
Rais said the consent need not necessarily be in the form of papers or letters of declaration, as that would be a big hindrance.
“What I meant was those below 21 should be guided; parents should ask why they want to go to Venezuela or Spain.
“Parents should know where their children are going,” he said.
Rais said he was only concerned over the safety of those who travelled alone overseas, especially children.
“But if this is regarded by human rightists to be against human rights, wait until their own children get into trouble,” he said.
In Kuala Lumpur, Deputy Foreign Minister Datuk Abdul Rahim Bakri said the proposal would not be a violation of human rights since it would, if accepted, only apply to those who were still under the legal protection of their parents.
He said the proposal would be raised in the Cabinet as soon as possible.
Tuesday May 6, 2008
KUALA LUMPUR: The proposal for women travelling out of the country alone to show a consent letter from their employer or family cannot be implemented, Prime Minister Datuk Seri Abdullah Ahmad Badawi said yesterday.
He said it was impossible to introduce such a regulation because thousands of Malaysian women travelled overseas annually on official duty or otherwise.
“The proposal to obtain the consent will only create great difficulty, particularly for the Immigration authorities and also the women concerned,” he said.
Foreign Minister Datuk Seri Dr Rais Yatim had proposed on Saturday that all women travelling out of the country alone be required to show a letter from their employer or family in a move to stop Malaysian women from being duped into becoming drug couriers.
More than 100 Malaysian women have been detained in several countries on suspicion of drug trafficking.
Abdullah said the people would be reminded to be wary of drug trafficking tactics in a move to overcome the problem of syndicates using Malaysian women as drug couriers.
“I will ask Wisma Putra and the Home Ministry to issue a travel advisory asking all Malaysian citizens to be cautious when travelling out of the country,” he said.
Home Minister Datuk Seri Syed Hamid Albar said it was not practical to require women wanting to travel out of the country alone to get permission to leave.
He said such a move would restrict their freedom and, as adults, they had every right to travel overseas without restriction if they were eligible to get a passport.
“I think if it’s for children, it’s all right. But they are adults, above 18, and you can’t stop them if they want to go out of the country,” he told reporters at the Parliament lobby here.
Asked whether the Cabinet had discussed the proposal, Syed Hamid said it had discussed the fact that many young women had fallen victim to drug syndicates and the action taken to monitor those syndicates.
Women, Family and Community Development Minister Datuk Dr Ng Yen Yen said the ministry would request the authorities, including Wisma Putra, to furnish details of the women who had been arrested.
“The ministry also urges parents and elders to constantly remind young adults to be extremely careful when travelling,” said Dr Ng.
Sunday May 4, 2008
KUALA KLAWANG: Local women intending to travel abroad alone may need family consent in a bid to prevent them from being used as “drug mules” by international syndicates.
Foreign Minister Datuk Seri Dr Rais Yatim said a proposal to this effect would be made soon to the Cabinet, following several incidents where women were used to smuggle drugs overseas.
Out of 119 cases of Malaysian women hauled up before foreign courts, 90% were linked to drugs, he said.
“Last night, my ministry, together with the Home Ministry, have jointly forwarded a report to the Cabinet on the matter.
“Both ministries agreed that factors like family, religion, immigration laws and preventive measures need to be considered before a Malaysian woman goes abroad alone,” Rais told reporters after officiating at the Malaysian Silambam Association's Jelebu branch here yesterday.
On the proposed requirement for family consent, he said it would enable the woman's family to monitor her departure and serve as a preventive measure against her being duped by international drug syndicates. – Bernama
By Sutthida Malikaew
17 August 2007
BANGKOK, Aug 17 (Newsmekong) - Migrant workers do not have an easy time in Thailand, but those from the neighbouring countries of Burma, Cambodia and Laos have been facing an especially tough life following the imposition of a harsh decree on them that severely restricts their movements and rights.
The 'Provincial Decree on Migrant Workers' was first introduced eight months ago by the provincial government of Phuket, famed as tourist destination. Ranong, Rayong and Pang-nga provinces followed suit with similar decrees mid-2007. Other provinces with agreements to implement the restrictions include Surat Thani, Chumporn, Krabi and Chiang Mai.
"Our life is so difficult now. A few days ago at around 2 or 3 am, three men came and knocked on the doors of migrant homes. Nobody dared open their doors but these men entered forcibly and took away all the mobile phones,’’ said Min Min, 18, who works at a restaurant in southern Surat Thani province.
Min said her phone had already been confiscated a few months earlier when she was on the way to the market. The police stopped her and asked for her ID. Though a registered worker, the police seized her mobile phone and told her that she was not allowed to have it.
Under the decree, migrant workers from the three countries are not allowed to own mobile phones, may not use motorised transport and must remain confined to their dormitories from 8 pm to 6 am.
Forgotten is the fact that Thailand’s industrial sector and agricultural sector have greatly benefited from cheap labour pouring in over the borders and ready to work at a fraction of prevailing wages.
The provincial decrees affect some 200,000 workers while estimates say that there are an additional 600,000 illegal workers in Thailand from the three countries though the bulk of them are from Burma.
Provincial officials claim that the restrictions are needed for security, and the federal ministry for labour has confirmed that it is within the mandate of provincial governors to issue such restrictive orders in their territories.
According to an update on the situation released at a meeting of the Action Network for Migrants (ANM), a non-government organisation (NGO), and a network of 13 voluntary groups conducted on Aug. 2, 2007, the decree has already caused immense suffering.
It was found that the decree created room for corruption and extortion by police. In provinces such as Pang-nga, Surat Thani and Chiang Mai, confiscation of motorbikes used by workers to get to worksites such as rubber plantations is routine. Migrants need to bribe police to get their property back.
Min said the men who broke into migrants’ homes in Surat Thani and confiscated their mobile phones did not identify themselves as police or carry any search warrants and were possibly people taking advantage of the workers’ vulnerability.
In Pang-nga, Nattapul Vongwai, a community health officer from Medicines San Frontieres (MSF- Belgium) was witness to the difficulties of migrants in accessing healthcare and treatment after the decree was issued.
‘’We have a clinic to provide health care and check ups. In pregnancy cases we encourage migrant workers to go for prenatal care, check up and delivery at hospitals to avoid risks to the mother and child. But after the decree was issued, fewer patients have been coming to the clinic. They say they are afraid of getting arrested,’’ she said.
Nattapul said, last week, she met a pregnant HIV infected woman seeking AZT anti-retroviral drugs to prevent a mother to child transmission of HIV/AIDS. She was to come back again later in the day to take the medication, but never came back. It turned out later that, on the way back from the clinic, she was picked up and interrogated by police and after she dared not venture out again.
"A similar case was that of a two-year-old boy who accidentally fell into a well and nearly drowned. An MSF worker at a primary care unit took him to a hospital, 35 km away, but was stopped by police on the way. Because of delays in negotiations the child’s condition worsened by the time he was reached to the hospital,’’ Nattapul said.
Mo Swe, coordinator for Young Chi Oo (a Burmese migrants’ association) added that migrants were already a disadvantaged lot and that the decree only created scope for more human rights violations.
He explained that though registered as migrants their movements were restricted to a single province. Hence, to bar them from using mobile phones meant preventing them from seeking help in times of emergency.
It is worse for domestic workers because telephone is the only communication tool they can use to contact outside, Mo Swe said. ‘’If they are abused by their employers, how can they report it or ask for help?"
Varaporn Chamsanit, a human rights specialist at Mahidol University, said it was important for authorities to realise that migrant workers are not criminals and lived and worked in Thailand legally. Also, they have basic human rights that must be protected under international conventions.
According to Varaporn the decree is not only a clear discrimination but also a violation of basic rights by state organs and was a breach of Thailand’s obligations to uphold international human rights standards. The restrctions resulted in inhuman conditions for migrant workers and made even more vulnerable to other forms of harassment and violations.
"The Thai government must not allow this measure to continue,’’ she concluded.
(*This story was written for the Imaging Our Mekong Programme coordinated by IPS Asia-Pacific) (END/2007)
Aug 11, 07 2:04pm
Claims by a Filipino singer featured in a recent NBC documentary that she was held against her will while working in Penang has been disputed by sources.
The Star reported today cited unnamed sources saying there was no evidence that Lannie Erecito, 22, was treated as such and she had problems at work and often skipped practice lessons.
“It is learnt that this led to her agent holding back her salary but she was still ‘free’ to do as she pleased.
However, the sources said Lannie apparently had a Filipino boyfriend whom she preferred to be with rather than earning a proper salary.
“She must have been angry with her agent and made up the story of being held against her will.
“Sources said had she been held against her will, she would not have been able to telephone her uncle, Troop Edmonds, in the United States,” the report read.
No complaint from Lannie
According to the 30-minute Dateline programme, Lannie had sent a distress call for rescue to her American uncle, ‘Troop’ Edmonds last year. 
Edmonds (left), with the help of a retired Federal Bureau of Investigations (FBI) friend, Jerry Howe, with the Dateline crew in tow, flew first to Philippines.
They discovered that Lannie and 15 other Filipinos were sent to Penang as singers and when they can’t sing, they were forced into prostitution.
According to the news report, the sources said the Americans had met then state deputy CID chief Supt Razali Basri and told him they had information where Lannie was being ‘held’. 
The sources also said that had Lannie indicated in any way that she was being forcefully held, the police officer would have arrested her agent.
She was later released by her alleged captures with help from the police and returned to the Philippines after the agent agreed to return her passport, they said.
The reported added that Penang CPO Koh Hong Sun said he would order a thorough probe into the allegations highlighted by the documentary.
Blacklist
NBC’s Dateline programme aired on Aug 8 detailed the dark web of collusion between the Malaysian law enforcers - the police and immigration officers - and the human traffickers. 
“The State Department says that human trafficking and the sex trade it fuels are rampant here. Yet in all of 2006, not a single trafficker was prosecuted,” said Dateline correspondent Chris Hansen.
Two months ago, Malaysia was blacklisted by the United States for the first time for its failure to take concrete action against human trafficking.
Malaysia joined other offenders - among them, Burma, North Korea and Sudan - in the US State Department's annual ‘Trafficking in Persons Report’.
In all, 16 countries were given the so-called ‘Tier 3' status in the 236-page survey of global efforts to combat human trafficking, which makes these errant nations eligible for US economic sanctions.
For Malaysia to be removed from the US’ blacklist, the “government needs to demonstrate stronger political will to tackle Malaysia's significant forced labour and sex trafficking problems,” said the US State Department.
In April, in the bid to improve Malaysia’s record on human trafficking, the government approved a milestone anti-trafficking bill which introduces a 20-year jail sentence for offenders.
Decades of irregular migration to Sabah in eastern Malaysia have resulted in large numbers of undocumented children of migrants from the Philippines and Indonesia who are potentially at risk of statelessness. Undocumented migrants in Malaysia are targets for arrest and deportation, which in some cases has left their children alone on the street. Children of migrants who are born in Malaysia may be undocumented if they do not possess a birth certificate. In addition, if a child's parents have been deported and they have no other family ties in Malaysia, it may be difficult for them to trace their heritage back to their parents' country of origin in order to apply for a passport. If no government recognizes these undocumented children as nationals, then the children are vulnerable to statelessness.
Malaysia is a signatory to the Convention on the Rights of the Child, which states in Article 7 that all children have a right to acquire nationality at birth. However, Malaysia does not grant citizenship by birth, choosing not to adhere to the principle of jus soli. Individuals can only apply for citizenship if one parent is a citizen of Malaysia. Foreign parents can register their children for birth certificates, but the certificates are stamped orang asing (foreigner), reflecting the fact that the parents are not citizens of Malaysia.
Refugees International recently traveled to Sabah and interviewed migrants of Filipino and Indonesian descent. Children with orang asing on their birth certificates, as well as those who do not possess a birth certificate, cannot go to government schools in Sabah. Private school is an option but the cost is prohibitive for most families. There are church and community organizations in Sabah that offer private education at a reduced cost. One such non-governmental organization has worked to educate almost 5,000 undocumented children in western Sabah, including those on the oil palm plantations, with the support of local authorities.
The Government of Malaysia has been cracking down on irregular migrants in the country. In Sabah, raids are conducted in housing areas where the migrants live and in markets and public areas where many work. Those arrested are deported back to their country of origin. Many children whose parents have been deported and who do not have any other family or guardian in Sabah end up living and working on the street at a very young age, often in fish markets. A local community worker told RI, "It's those who have nobody who are there [in the fish markets]."
The exact number of street children in Sabah is unknown, but they are estimated to be in the thousands, mostly of Filipino descent. There is strong local resentment of undocumented migrants in Sabah, and the street children are portrayed as a criminal element by authorities and the media. The children working at the fish markets are wary of outsiders and are under constant threat of raids by police. In 2006, the police arrested about 160 street children who were placed in detention. Those with family contacts were eventually released, but there is no information on the whereabouts of the others.
Zugoh, a 12-year-old boy of Filipino descent, works through the night at a fish market in Kota Kinabalu. He pushes a heavy wooden cart hoping that customers will allow him to transport their purchases to their car. Zugoh earns around 1 MYR, or 30 cents per customer. Zugoh does not have a father. He has a mother, but he does not stay with her. Zugoh told RI that he sleeps somewhere on the street near the fish market. He does not go to school, and he has no identity documents.
Local sources in Sabah told RI that the children living on the street often do not possess identity documents like a birth certificate. There are several reasons for this. In order to obtain a birth certificate in Malaysia, it is necessary to produce a valid passport for each parent and a certificate of marriage, documents which many migrants do not possess. In addition, those who work in rural areas are sometimes not able to travel to the national registration authority to apply for the birth certificate.
Under the UN Convention relating to the Status of Stateless Persons, the term "stateless person" refers to anyone who is not considered a national by any State under the operation of its law. The absence of a birth certificate does not mean that a child is stateless. However, when a child does not have a birth certificate and she has no other way of tracing her family's country of origin to apply for a passport, then the child may indeed be stateless or at risk of statelessness.
Interviews with migrants suggest that both Indonesia and the Philippines grant citizenship through the nationality of the parents, adhering to the principle of jus sanguinis. Currently, individuals of Indonesian and Filipino descent must travel to their country of origin in order to apply for a passport. However, there is an Indonesian consulate in Sabah which could assist those of Indonesian descent with the processing of identity documents. There is no permanent consular presence for the Philippines, however, due to an unresolved dispute between the governments of Malaysia and the Philippines over the ownership of Sabah.
The existence of undocumented children in Sabah who may be vulnerable to statelessness is a complex and politicized issue. Recognizing the problematic situation, Malaysian non-governmental organizations and the Malaysian Human Rights Commission (SUHAKAM) have conducted fact-finding missions to Sabah. Both the Office of the UN High Commissioner for Refugees (UNHCR) and the UN Children's Fund (UNICEF) report that their offices are monitoring this issue. While steps are being taken to assist undocumented children in Sabah, many are still in need of increased protection and access to their basic rights, including an identity, a nationality, and education.
Refugees International, therefore, recommends that:
The Government of Malaysia
* Ensure that all births in Malaysia are registered.
* Convene discussions on the issue of children vulnerable to statelessness in Sabah to develop a strategic plan of assistance involving all concerned parties: the Governments of Indonesia and the Philippines, UNHCR and UNICEF, Ministers of Parliament, Malaysian NGOs and migrant community leaders.
* Uphold its commitments under the Convention on the Rights of the Child and allow free primary education to undocumented children.
* Cease the arrest and detention of undocumented children in Sabah.
The Government of the Philippines
* Ensure that migrants from the Philippines have regular access to representatives of the Philippine Embassy to receive assistance with the processing of identity documents for children of Filipino descent.
UN Agencies
* UNHCR undertake a survey to identify the numbers of children who are stateless or at risk of statelessness and take concrete steps to prevent and reduce statelessness.
* UNICEF increase advocacy efforts on the protection of undocumented children in Sabah and support local community education programs that are already in place.
* In cooperation with the Government of Malaysia, UNICEF facilitate the registration process to ensure that all children are registered at birth.
Camilla Olson assessed the situation for children vulnerable to statelessness in Sabah in April.
Dowload a .pdf of this policy recommendation at:
http://www.refugeesinternational.org/fi
Read more about Refugees International's work on statelessness
http://www.refintl.org/content/issue/de
David A. Feingold, Ph.D.
Director,
Ophidian Research Institute
International Coordinator for HIV/AIDS and Trafficking, Office of the Regional Advisor for Culture,
United Nations Educational Scientific and Cultural Organization,UNESCO Bangkok Office
5th Floor Darakarn Building, 920 Sukhumvit Road, Bangkok 10110 Thailand
Tel: (662) 391-0577 (ext.504)
Fax: (662) 391-0866
Visit: http://www.unescobkk.org/culture/traffi
June 13, 2007
Contact: Camilla Olson
ri@refugeesinternational.org or 202.828.0110
NST Online
10 May, 2007
PROPOSALS that those involved in the trafficking of women and children should be whipped will not be written into the Anti-Trafficking in Persons Bill.
Minister in the Prime Minister’s Department Datuk Seri Nazri Abdul Aziz said whipping was inconsistent with the United Nations protocol on human trafficking.
"The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which supplements the United Nations Convention against Transnational Organised Crime (Untoc), does not recognise whipping as a penalty against traffickers, " he said.
"Whipping is also inconsistent with the current worldwide trend against corporal punishment."
Earlier, MPs including Tan Ah Eng (BN-Gelang Patah) and Datuk Mohd Said Yusof (BN-Jasin) had recommended that whipping be included as a punishment for human traffickers on the ground that a jail term and a fine were not deterrent enough.
Dr Tan Seng Giaw (DAP-Kepong) also suggested that traffickers be jailed for life, in addition to whipping.
Nazri said penalties stipulated in the bill were sufficient.
"Other countries with anti-trafficking laws only have prison sentences and fines, and such laws are considered adequate by the United Nations.
"Jail terms for Western anti-trafficking laws range from two to 10 years," he added.
The bill, which came up for its second reading yesterday, provides for prison sentences ranging from three to 20 years with either an alternative or additional penalty of a fine of between RM50,000 and RM500,000.
In his opening speech, Nazri said a report by Amnesty International in 2004 revealed that about 700,000 people were trafficked every year while the United States’ Department of State estimated that about 600,000 to 800,000 individuals were victims of cross-border trafficking every year.
"Most of those trafficked are women and children. Human trafficking is estimated to rake in as much as US$10 billion (RM34.03 billion) every year.
"On the annual report on human trafficking released on June 5, 2006, by the Office to Monitor and Combat Trafficking in Persons, of the US Department of State, Malaysia is listed on the ‘Tier-2 Watch List’," he said.
The listing was because Malaysia was seen as not serious in its efforts to combat human trafficking, particularly because there were no specific and comprehensive domestic laws.
"With the bill, the government is confident Malaysia is ready to deal with the problem," he added.
Ganesh died in hospital a day after he was found left in the jungle, the New Straits Times said [Reuters]
An Indian worker in Malaysia has died after being beaten and starved for eight months in one of the worst cases of migrant worker abuse in years, a local newspaper reported.
R Ganesh was so badly treated that his employers eventually left him for dead in a jungle about 400km from the Malaysian capital, the New Straits Times said on Saturday.
Villagers who discovered Ganesh, a worker from India's southern state of Tamil Nadu, the next day were shocked by the sight of his bruised and emaciated frame, and took him to hospital.
Doctors said he was suffering from malnutrition and dehydration as a result of starvation.
Speaking from his hospital bed on Thursday, a day before he died, Ganesh, 28, said his employers had forced him to work from 8am to midnight every day since he began work last August.
'Deprived of food'
"They chained my hands and legs before locking me up in a dark room in their house every night"
R Ganesh, migrant worker, speaking to New Straits Times before his death
He said: "They hit me with sticks, rubber hose and iron rod. I was also deprived of food and water. They chained my hands and legs before locking me up in a dark room in their house every night."
He was also warned not to try to escape or go to the police.
Police have arrested the employers, a middle-aged couple and their son, who run a business making chilli sauce, and are investigating the case as a murder, the paper said.
Human rights groups have urged Malaysia to tighten labour and immigration laws that expose migrant workers to the risk of abuse and exploitation by employers and recruiters.
With Malaysians reluctant to take up menial jobs, the country is one of Asia's largest importers of foreign labour, which makes up a quarter of a workforce of about 10.5 million, particularly on plantations, in construction and in domestic service.
--
Bill to protect trafficked victims tabled
AFTER a much anticipated wait, the Anti-Trafficking in Persons Bill has finally been tabled in Parliament giving protection to those who have been victimised and severely punishing those who either trafficked, harboured or profited from this vice.
The Bill, under the Internal Security Ministry, states that human trafficking will be an offence that carries a jail term of not more than 20 years and fine of up to RM500,000.
Tabled for the first reading yesterday, the Bill stated that anyone who trafficked a person will be imprisoned for not more than 15 years and liable to a fine.
But the trafficked victims will be immune from criminal prosecution and will be given refuge with protection by social welfare officers.
“Clause 25 seeks to provide for immunity from criminal prosecution to a trafficked person in respect of his illegal entry, period of unlawful residence and possession of fraudulent travel or identity document,” the Bill stated.
When met at the Parliament lobby, Deputy Internal Security Minister Datuk Fu Ah Kiow said protection and shelter would be given to both local and foreign victims.
“The courts will decide whether they are truly human trafficking victims or if they voluntarily came here on their own, not as victims, to be part of the flesh trade,” he said.
Fu said they would work with various agencies to step up enforcement and bring human trafficking culprits to book.
The Bill also protects whistle-blowers who provide information to the authorities on human trafficking activities.
However, those who give protection to traffickers such as shelter, food and drink, or those who provide facilities and financial services for trafficking activities will be jailed and fined.
The Bill also covers extra-territorial offences committed on high seas, ships, aircrafts or by a citizen or permanent resident outside and beyond the limits of Malaysia.
By V. Anbalagan
06 April, 2007
PUTRAJAYA: The wife of former Cambodian police chief, Heng Peo, has filed a second affidavit to support the committal proceedings against two high-ranking immigration officers and a deputy public prosecutor. Ngin Sotheavy, 38, who is believed to be residing in Singapore, filed the document at the Federal Court registry on Monday through her solicitors, Messrs Sivananthan.
The affidavit contained mobile phone statements which allegedly suggest Immigration director-general Datuk Wahid Mohamed Don, enforcement director Datuk Ishak Mohamed and deputy head of prosecution (operations) Mohamad Hanafiah Zakaria committed several acts of contempt of court, including orchestrating Heng Peo’s premature deportation to Cambodia.
Sotheavy’s latest affidavit suggests that the trio’s affidavits filed early this year may contain false statements. She was not present when the Federal Court convened to hear the proceedings yesterday.
Judge Datuk Richard Ma- lanjum, however, adjourned the matter to a date to be fixed following an application by deputy public prosecutor Tun Majid Tun Hamzah.
"We were served with the wife’s affidavit on Monday. We need time to prepare and reply to the affidavit," said Tun Majid, who is appearing for the three.
Heng Peo’s counsel, N. Sivananthan, had no objections, saying the parties cited should be given the opportunity to reply to the affidavit as it contained serious allegations.
Heng Peo, 52, obtained leave from the court on Feb 2 to start contempt proceedings against Wahid, Ishak and Hanafiah.
In his application, Heng Peo claimed that the trio had committed contempt of court by acting individually or jointly to interfere with the administration of justice by deliberately suppressing material facts.
Sivananthan said there were 11 contentious points in the affidavit which needed replies from the three.
"In the affidavit, we have also exhibited mobile phone statements. On the face of it, the statements contradict what was earlier stated in their affidavits and we contend that they have committed perjury."
On Dec 21 last year, the Court of Appeal set aside the order of the High Court that Heng Peo be sent to Singapore, his last point of disembarkation.
Following the order, Heng Peo was immediately taken by Cambodian authorities to the Subang airport and sent back to Cambodia, despite his lawyers’ attempt to stay the deportation pending their appeal to the Federal Court.
While his counsel, Sivananthan and Abdul Shukor Ahmad, filed their appeal documents with a certificate of urgency at the Federal Court registry, they were informed that Heng Peo had left Malaysia by a private plane at 12.35pm, an hour after the Court of Appeal delivered its decision.
