Saturday, September 26, 2009

DVD skandal seks Soi Lek kembali tersebar

Utusan Online
ARKIB : 24/09/2009

DVD skandal seks Soi Lek kembali tersebar

KUALA LUMPUR 23 Sept. - Salinan cakera video digital (DVD) skandal seks bekas Timbalan Presiden MCA, Datuk Seri Dr. Chua Soi Lek kini kembali tersebar setelah ia mula terbongkar pada awal 2008.

Ahli Jawatankuasa Pusat (CC) MCA, Datuk Ti Lian Ker berkata, penyebaran semula DVD itu bertujuan menimbulkan kebencian penyokong Soi Lek terhadap Presiden MCA, Datuk Seri Ong Tee Keat termasuk menyalahkan beliau dalam hal itu.

"Saya berharap ahli MCA tidak terpengaruh dengan tindakan kuasa ketiga itu yang bertujuan menyebabkan 'kerosakan maksimum' kepada parti.

"Ia juga akan dan membangkitkan kemarahan mereka yang bersimpati kepada Soi Lek terhadap Tee Keat," katanya dalam kenyataannya di sini hari ini.

Minggu lalu, DVD skandal seks Soi Lek dilaporkan kembali diedar di kalangan perwakilan parti itu dan sesetengah pemimpin Barisan Nasional (BN).

MCA akan mengadakan mesyuarat agung luar biasa (EGM) pada 10 Oktober ini bagi membahaskan isu pemecatan bekas Menteri Kesihatan itu yang diumumkan Majlis Presiden pada 26 Ogos lalu.

Menurut Lian Ker, pihak ketiga tidak patut menggunakan DVD skandal seks untuk memalukan Soi Lek lagi kerana CC telah memutuskan tindakan disiplin terhadap beliau.

"Tindakan menyebarkan kembali DVD tersebut bertujuan mengapi-apikan emosi, kemarahan serta kebencian di kalangan penyokong Soi Lek terhadap Tee Keat.

"Motif mereka membuat demikian adalah untuk menyingkirkan Tee Keat daripada parti dan merosakkan Soi Lek untuk selama-lamanya," kata beliau.

Tambah beliau, pihak ketiga tersebut juga mahu mengawal kepemimpinan MCA bagi menjalankan motif dan agenda mereka sendiri.

"Pihak ketiga tersebut telah mengambil kesempatan untuk menyingkirkan Tee Keat dan Soi Lek melalui kemelut MCA tersebut," ujar beliau.

Beliau menasihati perwakilan MCA agar berwaspada supaya tidak dimanipulasi oleh pihak ketiga berkenaan yang mahu merosakkan reputasi dan maruah MCA.

"Kami sepatutnya bergerak ke depan untuk kebaikan MCA dan menguatkan parti dalam usaha menyelesaikan kemelut parti pada masa ini," katanya.

Sementara itu, Pengerusi MCA Bahagian Wangsa Maju, Datuk Yew Teong Look berkata, beliau bagaimanapun tidak menerima salinan DVD skandal seks Soi Lek yang mula tersebar baru-baru ini.

Beliau berkata, penyebaran DVD skandal seks merupakan salah satu strategi mempengaruhi keputusan perwakilan MCA dalam EGM yang akan datang.

"Strategi tersebut tidak akan berjaya mempengaruhi ahli MCA kerana saya yakin perwakilan MCA akan membuat keputusan yang memanfaatkan parti," katanya.

Third force' trying to split MCA

"'Third force' trying to split MCA"

23 Sep 09 : 7.22PM

By Ding Jo-Ann
joannding@thenutgraph.com

PETALING JAYA, 23 Sept 2009: An unseen "third force" intent on destroying the MCA's image and dignity is behind the reemergence of the sex video involving Datuk Seri Dr Chua Soi Lek.

MCA central committee member Datuk Ti Lian Ker said in a statement today that the recent circulation of the DVD was aimed at harming not just Chua but also MCA president Datuk Seri Ong Tee Keat.

"The circulation was calculated to instill maximum damage to the party, and to arouse the anger of Chua's sympathisers against Ong," he said.

"The DVD's re-emergence is another move by unseen hands to incite emotions, anger and hatred among the members to embarrass Chua ... and damage him permanently," he added.

Ti claimed this third force was out to destabilise the MCA's leadership for their own personal gain, and added that the disagreements within the party had provided the perfect opportunity to "kill two big birds with one stone".

"This third force wants to control the MCA's leadership for their personal motive and agenda. They want to dictate to the MCA leadership as in the past. The ultimate effect of an angry MCA will result in the party being shattered permanently, and whoever leads the party subsequently will be a lame duck," Ti said.

Ti, who is also the MCA's non-governmental organisation (NGO) liaison bureau chairperson, pleaded with its members not to be distracted by the circulation of the DVD. He urged members to remain calm and focused on building a revitalised party. He also warned members to be vigilant against further attacks ahead of the upcoming Extraordinary General Meeting (EGM) on 10 Oct.

"We need to move forward ... with the larger picture instead of being stuck in the muddy waters," Ti said.

"All we need now is a fresh mandate and added strength to enable the present party leadership to continue with the course that we have taken."

As for the DVD, MCA members were told to leave the past behind them.

When the video first circulated in Johor in January 2008, Chua admitted he was the man in the DVD who was caught having sex with a woman who was not his wife. He subsequently resigned as health minister, MCA vice-president, Johor MCA chief, and from his parliamentary seat.

However, in October 2008, MCA delegates voted him in as MCA deputy president, only for Chua to be sacked from the party by MCA's disciplinary board in August 2009. This decision was subsequently overturned on 19 Sept by the MCA's central committee, and commuted to a four-year suspension.

"The central committee had recognised that Chua had discharged his duty well in the past, and there [was] no necessity to embarrass him any further," Ti said.

MCA members will be voting on five resolutions at the EGM, including on whether to reinstate Chua to his deputy president post, and on a motion of no confidence against Ong.

难道让回教党再以漠视人权,自由等,继续欺凌?

(关丹25日讯)马华关丹区会主席拿督郑联科指出,
民联在雪州禁酒采取的应对法,反映出非回教徒的权益,在民联管制之下,随时被典当。
 他说,雪州禁售啤酒类,行动党及公正党的律师团在那里?为何他们放弃获得法律保障的真理及自由?为何他们屈服在回教党之下?
 他在其部落格中说,保障非回教徒权益的宪法既已存在,为何民联却通过执法权订制出一套出卖非回教徒权益的“法令”?
 他说,法律拟定者勿忘记对人民的责任,他们是由人民选出来的,勿为了追求个人的政治议程,忘记本身的责任。
 “行动党已经出卖我们的权力及自由,从独立迄今,我们获得售卖啤酒的权力,巫裔也妥协及尊重法令,遵重权力及自由。”
 他说,行动党险象环生处在回教党的政治压力下,今日涉及的只是卖酒的课题,难道让回教党再以漠视人权,自由等,继续欺凌?
“请问在民联政府下拟定的法令条文,还有安全保障吗?”
 民联是双面人,当国阵或领袖出现问题时,他们就会打出“道德牌”,利用回教党长老协商理事会主席聂阿兹的回教教义来打击国阵。
 他指出,当巫统领袖提出大部分巫裔政治观点时,行动党领袖林吉祥会将马华标签,指马华为叛徒,当马华召开闭门会议避公开对抗时,林吉祥与行动党又会批评一番。
 他说,即使安华在槟州政府没有职位,林冠英会尊重及向安华提出咨询,而当马华向首相兼国阵主席提出问题时,马华会被林吉祥嘲笑及辱骂。”

Tuesday, September 22, 2009

Powers of MCA central committee explained

Powers of MCA central committee explained
http://www.malaysianmirror.com/nationaldetail/6-national/12804

Tuesday, 22 September 2009 13:24

The following is a statement from the MCA NGO Liaison Bureau chairman & Central Committee member Datuk Ti Lian Ker to explain the powers of the MCA Central Committee as a check-and-balance on the MCA PresidentialCouncil. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

(1) MCA Central Committee can overrule Presidential Council and

(2) MCA's Party Constitution a truly democratic instrument in the check-and-balance of power

Allow me to explain the provisions of the Constitution of the Malaysian Chinese Association with the hope of an earlier coming of age for MCA and its members.

Over the years we have had many crises and challenges leading to disproportionate crisis. We had in the past amended the Party Constitution to check on the President and Presidential powers to ensure that these powers are not abused and there will be an effective check and balance mechanism from within the party. Today MCA's Constitution is one of the most mature and democratic party Constitution in spirit and content.

Thus, we ought to take pride and ensure that the provisions of the Constitution are being followed to the letter in spirit and intent. To do otherwise will be doing a disservice to the party. Instead we must ensure that leaders, delegates and members alike must uphold the Party Constitution as the supreme authority of the party. All disputes or conflicts must be settled within the realms of the Constitutions in order that the Party remain united and the Party's agenda continues without being sidelined.

As a political party, we are bound to have conflicts, differences and disputes. However if we follow the spirit and intent of the Constitution, these challenges or disputes can be effectively settled or resolved in accordance with the decisions, solutions or remedies provided for by the respective forums or instruments of the Party.

mca-2.pngArticle 47 outlines that the powers of the Presidential Council shall be deemed to have been delegated or sub-delegated and vested with all the powers of the General Assembly and the Central Committee. However it is provided that the Presidential Council must report its activities to the next meeting of the Central Committee.

The above provision clearly spells out that the Presidential Council is answerable to the Central Committee and thus the Central Committee by virtue of its inherent power has the right of revision to revise, review or annul any decisions of the Presidential Council.

As such, the Central Committee is not a rubber stamp and ought to serve as a check and balance on the Presidential Council as a body responsible for the administration of the affairs of the Party under the authority and direction of the General Assembly and the Central Committee.

To ensure that the Central Committee discharges its duty without fear or favour, Article 45.24 provides that a Central Committee or Party Official may not be suspended or expelled without the support of two-third of the Central Committee present and voting at the meeting.

Article 45.24 effectively allows the Central Committee immunity against any suspension or expulsion if the said CC Member or Party Official can garner one-third of the Central Committee's support.

This is an express protection provided in the Constitution and is a condition precedent before any expulsion or suspension can be effected. Therefore the Central Committee upon being convened on Saturday, 19 Sept 09 must obtain the support of two-thirds of the Central Committee members present and voting, before the Presidential Council's decision to expel Datuk Seri Chua Soi Lek as the Deputy President can be effected.

Therefore the Central Committee cannot be denied of its right to deliberate on any actions taken to expel or suspend any Party Official or CC Member. The CC is duty bound to deliberate and decide on the recommendation by the Disciplinary Council and Presidential Council with or without an appeal in the case of a Party Official or CC Member. This provision is a reminder to the Presidential Council to act prudently to avoid its decisions being overturned or overruled by the Central Committee.

It is unfortunate that the Central Committee has however been disregarded and disdained by being called a rubber stamp, after the Central Committee had taken the decision to reverse the Presidential Council’s endorsement of the Disciplinary Board’s recommendation.

It is inevitable that we as a political party cannot escape internal disputes or differences. More importantly, the party must have the instruments and forums to resolve these disputes in an effective manner in order to regain lost grounds.

We are now on the road to recovery and thus I call upon all central delegates to exercise prudence and due diligence this coming 10 Oct 09. The coming of age of MCA is in the hands of the delegates. History will be made for better or for worst depending on the maturity, rationality and discipline of the delegates.

A vote for a right cause and towards a right course will stir MCA towards the right direction. What is paramount is that party division should be matters of the past. The party’s unity is important as when delegates are cohesive, irrespective of the outcome of the decision, the party must hold together in order to ensure that our struggle for all Malaysians within the Barisan Nasional framework.

Datuk Ti Lian Ker
MCA NGO Liaison Bureau chairman
MCA Central Committee member

Powers of MCA central committee explained


Powers of MCA central committee explained Print E-mail


Tuesday, 22 September 2009 13:24

The following is a statement from the MCA NGO Liaison Bureau chairman & Central Committee member Datuk Ti Lian Ker to explain the powers of the MCA Central Committee as a check-and-balance on the MCA PresidentialCouncil. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

(1) MCA Central Committee can overrule Presidential Council and

(2) MCA's Party Constitution a truly democratic instrument in the check-and-balance of power

Allow me to explain the provisions of the Constitution of the Malaysian Chinese Association with the hope of an earlier coming of age for MCA and its members.

Over the years we have had many crises and challenges leading to disproportionate crisis. We had in the past amended the Party Constitution to check on the President and Presidential powers to ensure that these powers are not abused and there will be an effective check and balance mechanism from within the party. Today MCA's Constitution is one of the most mature and democratic party Constitution in spirit and content.

Thus, we ought to take pride and ensure that the provisions of the Constitution are being followed to the letter in spirit and intent. To do otherwise will be doing a disservice to the party. Instead we must ensure that leaders, delegates and members alike must uphold the Party Constitution as the supreme authority of the party. All disputes or conflicts must be settled within the realms of the Constitutions in order that the Party remain united and the Party's agenda continues without being sidelined.

As a political party, we are bound to have conflicts, differences and disputes. However if we follow the spirit and intent of the Constitution, these challenges or disputes can be effectively settled or resolved in accordance with the decisions, solutions or remedies provided for by the respective forums or instruments of the Party.

mca-2.pngArticle 47 outlines that the powers of the Presidential Council shall be deemed to have been delegated or sub-delegated and vested with all the powers of the General Assembly and the Central Committee. However it is provided that the Presidential Council must report its activities to the next meeting of the Central Committee.

The above provision clearly spells out that the Presidential Council is answerable to the Central Committee and thus the Central Committee by virtue of its inherent power has the right of revision to revise, review or annul any decisions of the Presidential Council.

As such, the Central Committee is not a rubber stamp and ought to serve as a check and balance on the Presidential Council as a body responsible for the administration of the affairs of the Party under the authority and direction of the General Assembly and the Central Committee.

To ensure that the Ce
ntral Committee discharges its duty without fear or favour, Article 45.24 provides that a Central Committee or Party Official may not be suspended or expelled without the support of two-third of the Central Committee present and voting at the meeting.

Article 45.24 effectively allows the Central Committee immunity against any suspension or expulsion if the said CC Member or Party Official can garner one-third of the Central Committee's support.

This is an express protection provided in the Constitution and is a condition precedent before any expulsion or suspension can be effected. Therefore the Central Committee upon being convened on Saturday, 19 Sept 09 must obtain the support of two-thirds of the Central Committee members present and voting, before the Presidential Council's decision to expel Datuk Seri Chua Soi Lek as the Deputy President can be effected.

Therefore the Central
Committee cannot be denied of its right to deliberate on any actions taken to expel or suspend any Party Official or CC Member. The CC is duty bound to deliberate and decide on the recommendation by the Disciplinary Council and Presidential Council with or without an appeal in the case of a Party Official or CC Member. This provision is a reminder to the Presidential Council to act prudently to avoid its decisions being overturned or overruled by the Central Committee.

It is unfortunate that the Central Committee has however been disregarded and disdained by being called a rubber stamp, after the Central Committee had taken the decision to reverse the Presidential Council’s endorsement of the Disciplinary Board’s recommendation.

It is inevitable that we a
s a political party cannot escape internal disputes or differences. More importantly, the party must have the instruments and forums to resolve these disputes in an effective manner in order to regain lost grounds.

We are now on the road to recovery and thus I call upon all central delegates to exercise prudence and due diligence this coming 10 Oct 09. The coming of age of MCA is in the hands of the delegates. History will be made for better or for worst depending on the maturity, rationality and discipline of the delegates.

A vote for a right cause and towards a right course will stir MCA towards the right direction. What is paramount is that party division should be matters of the past. The party’s unity is important as when delegates are cohesive, irrespective of the outcome of the decision, the party must hold together in order to ensure that our struggle for all Malaysians within the Barisan Nasional framework.

Datuk Ti Lian Ker
MCA NGO Liaison Bureau chairman
MCA Central Committee member

Last Updated on Tuesday, 22 September 2009 13:51
malaysianmirror

‘Chua should have used central committee, not EGM’

Published: Tuesday September 22, 2009 MYT 1:29:00 PM
Updated: Tuesday September 22, 2009 MYT 2:36:41 PM

‘Chua should have used central committee, not EGM’ (Update)

By NG CHENG YEE


chengyee@thestar.com.my

PETALING JAYA: PETALING JAYA: Datuk Seri Dr Chua Soi Lek should have gone to the party’s central committee to overturn an earlier decision by the presidential council to sack him instead of pressing for an extraordinary general meeting, a central committee member said.

Datuk Ti Lian Ker said the party constitution stated a central committee member or party official could not be suspended or expelled without the support of two-thirds of the central committee present and voting at the meeting.

“In the case of Dr Chua, he only needed to garner the support of one-third of the central committee to overturn the decision of the presidential council.

“If he had failed to do that, he then had the added avenue in the general assembly by requesting an extraordinary general meeting to reverse the central committee decision,” he wrote on his blog.

Ti said Dr Chua however chose to “disregard and indignified the central committee” by calling it a rubber stamp.

“If he had garnered support of one-third of the central committee to reverse the presidential council decision, could the issue have been settled earlier and rendered the EGM, which is a waste of funds and energy, unnecessary?” he said.

Ti said that express protection provided by the constition was a condition precedent before any expulsion or suspension could be effected.

“The central committee, upon being convened on Saturday (Sept 19), must obtain the support of two-third of its members present before the presidential council’s decision to expel Dr Chua Soi as the deputy president could be effected.

“Therefore, the central committee cannot be denied of its right to deliberate on any actions taken to expel or suspend any party official or central committee member.

“The central committee is duty bound to deliberate and decide on the recommendation by the disciplinary council and presidential council with or without an appeal in the case of a party official or central committee member.

“This provision is a reminder to the presidential council to act prudently to avoid its decisions being overturned or overruled by the central committee,” he said.

On the EGM, he said the party was on the road to recovery and called upon all central delegates to exercise prudence and due diligence at the EGM on Oct 10 “ to stir MCA towards the right direction.”

Dr Chua’s supporters pressed for an EGM to reinstate him following the Aug 26 presidential council decision to endorse a recommendation by the party’s disciplinary board to expel him from the party over his sex video clip issue.

The central committee on Sept 19 however decided to suspend his membership and party post instead, effectively revising the presidential council’s decision.

The EGM would however still be held on Oct 10.

Related Stories:
MCA central committee has final word on Chua suspension
MCA's top body revises decision to sack deputy president
Liow: Decision to suspend Chua made after taking in all views
Ong: Democratic principles mean we must go if proposal accepted
MCA Central Committee suspends Dr Chua for 4 years (Update)
MCA sends out notices for ‘triple 10’ EGM

Monday, September 21, 2009

MCA central committee has final word on Chua suspension

Tuesday September 22, 2009

MCA central committee has final word on Chua suspension


KUALA LUMPUR: The MCA central committee (CC) has flexed its muscles to overturn the sacking decision of Datuk Seri Dr Chua Soi Lek and instead, suspend him for four years.

The CC did this just when the party was all set to hold its extraordinary general meeting (EGM) on Oct 10 to vote on five resolutions proposed by Dr Chua’s camp.

This begs the question whether the power of the CC was underestimated in the fractious past weeks where a fair share of barbs were traded between rival supporters of party president Datuk Seri Ong Tee Keat and Dr Chua.

“They overlooked the CC as an independent body and pre-empted us by going straight for an EGM, which should only be called as a last resort,” said CC member Datuk Ti Lian Ker of Pahang.

Disgruntled members should not have jumped the gun and should have waited first to see how the CC would act before pushing for the EGM, he added.

Under Article 128 of the party constitution, the CC has the final say on disciplinary matters and that cannot be challenged, even in a court of law.

Currently, there are 43 CC members with 25 elected, seven appointed by the president while the rest are party office-bearers.

Ti refuted that the CC’s move was tantamount to a lack of confidence in the presidential council, as the CC had overturned other disciplinary decisions as well.

Party sources said Dr Chua’s issue was brought up by Senator Datuk Wong Siong Hwee from Kelantan; and all were given the opportunity to express their views, including the most senior CC member, Datuk Wong Mook Leong.

In the CC, the sources said Wong retold his experience when he was sacked during the party crisis in the 1980s, adding that a suspension would have a similar effect as an expulsion.

Party veteran Datuk Yap Pian Hon maintained that the CC had the mandate because all decisions, including disciplinary matters, must go through both the presidential council and CC, the two decision-making bodies in the party.

“If we stop at the presidential council level, it can be argued later that the decision is invalid because the due process was not complete,” he said.

A political observer, who declined to be named, viewed the CC’s decision as a “smart tactical move” by Ong’s side to neutralise the sympathy towards Dr Chua during the EGM.

“To take some wind away from the sail, so to speak,” said the observer.

The suspension may cause part of the 2,377 delegates to reconsider their views and swing away from Dr Chua as he could still become a party member again after four years. — Bernama