The eight-year tussle for control of the Sabah United Chinese Chamber of Commerce (SUCCC) is not over.

The High Court in Kota Kinabalu had ruled last month in favour of a faction led by businessman Kenneth Yen declaring them as the rightful office bearers but the opposing caretaker committee (CAC) is not playing ball.

Besides Yen who is president, others in the exco are vice-president cum secretary-general Chin Chee Kee, deputy secretary-general Raymond Lim and treasurer Chris Chang.

After the High Court's ruling, Yen set last Wednesday as the deadline for the handover of pertinent documents from CAC, led by Sari Nuar, but it did not take place.

"We are going to apply to the court for consequential orders and contempt proceedings as soon as possible," fumed a disappointed Yen. "We have given them (CAC) three chances to cooperate with us since the High Court declared us the rightful office-bearers."

CAC's refusal to hand over the documents meant that his team was unable to execute their duties.

In addition, the existing SUCCC staff were refusing to cooperate with the incoming executive committee, added Yen.

He warned that the staff had only themselves to blame for their ‘misplaced loyalties' if they didn't receive their salaries this month. Also at risk were their annual bonuses that were paid out every Chinese New Year.

This follows the SUCCC's bank account being frozen temporarily by the exco.

"This was done on Tuesday but as late as Wednesday we were still receiving calls from the bank asking us whether they could clear cheques that continued to be issued by the CAC," said Yen who made it clear that the CAC should be disbanded as it was no longer a legal entity.

Cheques pending

Yen disclosed that more than ten cheques are pending at the bank. The cheques cover salaries and monies needed for daily expenses at the SUCCC secretariat.

He said the secretariat staff should fully co-operate with the exco "if they knew what was good for them".

"If there is any delay in the running of the SUCCC, it would be the fault of the other side and not with us," said Yen. "The starting point is for them to hand over all cheques to us for verification and all the necessary documents."

The exco has been advised by legal counsel, continued Yen, that any SUCCC business carried out by the CAC effective Dec 30 would be deemed illegal and in contempt of court.

Sari Nuar was not immediately available for comments.

Yen declined to comment on CAC's stand that any handover should be effected en bloc under Article 16 (b) of the SUCCC Constitution and not "piecemeal".

CAC's ‘piecemeal' argument follows the discovery that the secretary-general and treasurer-general are not office bearers of the exco and hence would not come within the ambit of Article 16 (b).

In short, the entire outgoing CAC should hand over the SUCCC to the entire incoming exco and not from a particular person in the former to a particular person in the latter.

CAC wants the exco to convene a meeting to sort out the handover. The meeting would also verify the list of incoming office-bearers.