Former Communist leader Chin Peng has withdrawn his application to be present to hear proceedings of his originating summons relating to him returning to live in Malaysia.

He also withdrew his application in compelling the government to provide a copy of his birth certificate and other related identification documents, according to a NST report today.

His counsel Darshan Singh Khaira withdrew the applications at the High Court (Appeals and Special Powers Division) yesterday, saying that Chin Peng did not want to prolong the matter

Judge Mohd Zabidin Mohd Diah in his chambers struck out the application but did not order costs, the NST said.

"It has been more than two years since he filed the originating summons and it is yet to be heard," Darshan said.

Chin Peng, whose real name is Ong Boon Hua, had on March 4, 2005, filed an originating summons on his behalf and that of other Communist Party of Malaysia members for a declaration that they be allowed to enter and live in this country.

Living in Thailand

Chin Peng, 84, currently in Thailand, named the home affairs minister, the inspector-general of police, the armed forces chief and the Malaysian government as defendants.

Darshan said the High Court will deliver its decision on July 31 whether Chin Peng has to produce his birth certificate and citizenship documents as requested by the government.

He said Chin Peng's passport, citizenship and other documents were seized by the government a long time ago.

"Furthermore, a copy of those documents should be in the government's possession," Darshan said.

Senior Federal Counsel Azizah Nawawi maintained those documents were required to prove Chin Peng's citizenship.