KOTA KINABALU: Sri Tanjung
assemblyman Wong Sze Phin @ Jimmy filed a suit in the High Court seeking RM150
million in damages over statements made regarding his native ancestry.
Wong, who is also the state
chairman of the Democratic Action Party (DAP) yesterday filed the suit at the
High Court registry through his counsel Marcel Jude Joseph naming Datuk Osman
Jamal, the director of the Lands and Surveys, the Native Certificate Holders
Transfer Committee (NTHTC), the State Native Affairs Council, the Local
Government and Housing Minister and the State Government as first, second,
third, fourth, fifth and sixth defendants respectively.
Businessman Wong is seeking
RM100 million in damages for defamation against the first and second
defendants, another RM50 million in damages against the first, second, third,
fourth and fifth defendants, punitive damages against the said five defendants
for alleged unconstitutional actions and a declaration that the policy
pertaining to the issuance of native certificates instituted and established by
the fifth and sixth defendants in 1982 as null and void.
Further, the plaintiff is
also seeking an injunctive relief against the first and second defendants
restraining them from making defamatory remarks about him and his native status
and rights and an injunctive relief against all the defendants restraining them
whether by themselves or by their agents or servants from interfering or
preventing or obstructing him (the plaintiff) from exercising his native
rights.
He is also seeking statutory
interest, costs and any other relief deemed fit by the court.
In his Statement of Claim,
Wong claimed that the first defendant is a civil servant in the Lands and
Surveys Department and the holder of the office of the second defendant which
is responsible for land administration in Sabah under the Sabah Land Ordinance
Cap 64 and other related laws/legislation.
He said, the third defendant
is a committee set up or organised, inter alia, by the first and second
defendants to scrutinise all applications pertaining to the transfer of native
title lands using Native Certificates, while the fourth defendant is a body set
by the State Government of Sabah to look into and administer the affairs and
concerns of persons who are natives to the State of Sabah.
Wong pointed out that the
fifth defendant is a minister in the State Government of Sabah appointed and
responsible for the administration of local government and the needs and
concerns of housing in the State of Sabah, while the sixth defendant is the
executive branch of the government of the State of Sabah.
He claimed that in 1982 or
thereabout, the sixth and fifth defendants had acted to set up and established
a policy to unlawfully hinder, stop and prevent the issuance of native
certificates to persons who are descendants of joint and both native and
non-native parentage (referred to in the Statement of Claim as the llegal
policy?, notwithstanding that such person is qualified for the Native
Certificate pursuant to the Interpretation (Definition of Native) Ordinance
(Sabah Cap. 64).
As a result of the illegal
policy, Wong claimed that many qualified and genuine applicants entitled to the
issuance of the Native Certificates were unlawfully denied the issuance of the
Native Certificate and are or were unable to inherit the property and property
rights of their native parents.
Wong further said this
included what is known as he siang?persons of Sino-Native origins, persons of
Indo-Native origins and other persons of mixed parentage of both native and
non-native origins.
He pointed out that the
continued implementation of the unlawful policy is discriminatory and a gross
violation of the human right of those qualified to be native persons under the
laws of Sabah.
On July 3, 2012, Wong said
the Daily Express published an article in its front page entitled ighter watch
on NT land deals?which was the contents of an interview with the first
defendant.
By reasons of the statements
of the first defendant and acting in the office of the second defendant, Wong
claimed that he has suffered loss of reputation and damage.
He said that the said
statements were calculated to make the following negative and false inferences
of him namely, that he is a liar and cheat and a conman, cannot be trusted,
that he has lied and made false statement about his native ancestry, that he
holds a bogus native certificate and that he does not have a single drop of
native blood flowing through his body.
Furthermore, he said that
the statements were also calculated to give the negative and false inferences
of him as not fit for public office, a corrupt politician, not trustworthy in
his business affairs and that he is of dubious character.
Wong claimed that the
statement of the first defendant as highly seditious and tantamount to racial
abuse of the plaintiff.
By reasons of the statements
of the first defendant, Wong claimed that it has been revealed to him that the
first, second, third, fourth and fifth defendants acted or planned to act in
violation of his rights as a native person as well as his property and human
right. (theborneopost)
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