A former member of a special police squad filed an affidavit in the Penang High Court today to support an application by former communist Chin Peng to be allowed to return to Malaysia with several hundred of his comrades.

Salim Hashim, 76, said in his affidavit that Ong Boon Hua @ Chin Peng, the former secretary-general of the Communist Party of Malaya (CPM), had fought for the independence of Malaya from colonial Britain.

Salim was a member of the Police Special Squad Group, which served as an anti-communist offensive force. He had served in Perlis, Kedah, Penang and Perak during the period of communist insurgency from 1948.

In his supporting affidavit, he said that the government should honour the 1989 peace treaty signed with the communist guerillas by allowing Chin Peng and his comrades to return and start life afresh in Malaysia.

"It's not right to dishonour the agreement," he said in the document, which names the home minister, the police and armed forces chiefs, and the government as defendants.

Salim also said the government should learn to forgive the communists for the casualties of (the guerilla) war, in the same way that it has forgiven the Japanese and the British, who had caused more deaths during their occupation of the country.

"We have (now) embraced the Japanese and British, and nurtured strong working ties with them, (so) why not the ex-communists, who are after all Malaysians and nationalists?"'

The High Court has fixed May 25 to hear Chin Peng's application to return to Malaysia. He had filed it on March 4.

The government had previously rejected his entry, claiming that Chin Peng was linked to a banned organisation with a history of perpetrating terrorism in the country. The premier's office has left it to the court to decide the matter.

Terms of treaty

Chin Peng, who was born in Sitiawan, Perak, has also filed several supplementary applications in the court, seeking to be allowed to enter the country temporarily during the legal proceedings.

His application cited the terms of the peace treaty, known as the 1989 Haadyai Peace Accord, which was witnessed by a four-member representation of the Thail government.

Article 3 of the Administrative Agreement between the Malaysian government and CPM to terminate hostilities states that the government shall allow former members of CPM and the party's disbanded armed units to settle down in Malaysia, if they desire to do so.

Article 3.1 states that members of Malaysian origin who wish to settle down in Malaysia shall be allowed to do so in accordance with the laws of Malaysia.

Article 3.2 stipulates that members who are not of Malaysian origin may be allowed to settle down in Malaysia in accordance of the country's laws, if they wish to do so.

Article 4 states that the Malaysian authorities shall assist the members in starting their life afresh.

The treaty was signed by then Home Ministry secretary-general Wan Sidek Wan Abdul Rahman, Chief of Defence Forces Gen Hashim Mohd Ali and Inspector-General of Police Mohd Hanif Omar on behalf of the government.

Chin Peng, CPM chairperson Abdullah CD and central committee member Rashid Maidin represented the party.

Chin Peng was the 11th secretary-general of the once powerful CPM, which fought against British colonial rule, Japanese occupation, and the independent government of Malaya (then comprising Malaysia and Singapore) for more than 40 years.

The CPM's armed struggle ended with 1989 peace accord.

ATHI VEERANGGAN is malaysiakini 's Penang-based stringer.