The government claimed that former Communist Party of Malaya (CPM) secretary-general Chin Peng and other members of the defunct organisation has no right to sue the government to stop it from making statements deemed malicious against them.

According to a statement of defence filed at the Ipoh High Court on Aug 16 (copies made available to the media today), the government claimed that from the aspects of history and public knowledge the reputations of Chin Peng and other members of his party had already been ruined in the eyes of the public.

In a Bernama report on the matter, the government also claimed that Chin Peng could not bring about the action for other ex-members of the CPM because the relief he sought was for libel.

It also claimed that the suit violated the right of freedom of expression as enshrined under Article 10 of the Federal Constitution.

The affidavit-in-reply was filed following an order by the Ipoh High Court on Aug 4 to the government to enter its defence against the suit filed by Chin Peng four months ago.

Declaration sought

Chin Peng, born Ong Boon Hua, 81, had filed the suit on behalf of himself and his followers seeking a declaration that the 1989 Peace Treaty signed between the CPM and the Malaysian government in Hadyai, Thailand, was still valid.

He also sought damages and an injunction to prevent the Malaysian government or its agents from making libellous statements about him.

The suit was filed following reports on March 21 and May 6 that Deputy Information Minister Zainuddin Maidin had announced that Radio Television Malaysia would air documentaries on the atrocities committed by the communists after the Second World War and for a decade following Malaysia's independence.

Chin Peng, who was born in Sitiawan in Perak, now lives in Thailand and has resorted to the Malaysian courts to return to Malaysia to live out the rest of his days.