DAP Perak Wishing You All Happy New Year 2010!

DAP Perak wishing you

Public Forum

Speech by Sdr Ngeh Koo Ham at the DAP Perak State Convention on 29^th November, 2009 held at Tower Regency Hotel, Ipoh.

“The Auditor General has confirmed that the Pakatan Rakyat State Government of Perak has caused improvement to each and every department and agency of the Perak State during its 11 month’s rule. The PR Government has succeeded in making historic achievements during this short period. It is without a doubt that PR is the hope of the people and it has brought the changes the people had voted for on 8/3/2008”.

1. The Betrayal

The last one year see tumultuous times in Perak with the unlawful and undemocratic grabbing of power by BN on 7/2/2009.

We saw one of us, Mdm Hee Yit Fong prostituted herself to BN and two others Mohd Osman Bin Mohd Jailu and Jamaluddin Bin Mohd Radzi from PKR who sold themselves to BN which caused the downfall of PR Government in Perak. They will be scorned upon for posterity. In the very near future when they are us longer useful to BN, BN will treat them worst than lepers of the past and dogs with sores to be avoided for that is the contempt BN has for them. That time is very near and let all comrades be reminded that history has never been kind to those who sold their souls for benefit. To prove my point I challenged Hee, Osman & Jamaluddin to ask BN now to promise them that they will be made candidates for their respective constituencies in the next election and see the BN’s replies to them. However, in order that history will not be too harsh to them, I urge them to repent and declare that they no longer side BN and support giving back the power to the people by calling for by-elections at their respective constituencies or support the dissolution of the Perak State Assembly.

2. The effect of the illegal & undemocratic grab of power

What concern us more, is the effect of this political crisis on our beloved state of Perak and the nation of Malaysia.

We see the police who are enforcers of the law have been reduced to taking instructions from the BN government. The Judiciary which is the baston of the constitution and the rule of law has on many occasions in the words of the retired Court of Appeal Judge, Dato’ N. H. Chan decided against the plain provisions of the law. The Sultan of Perak has refused to dissolved the state Assembly at the request of Menteri Besar, YAB Dato Seri Nizar Bin Jamaluddin against his very stand as stated in his book “Constitutional Monarchy, Rule of Law and Good Governance” where His Royal Highness said:

“Under normal circumstance, it is taken for granted that the Yang di Pertuan Agong (the sultan) would not withhold his consent to request for dissolution of Parliament (State Assembly). His role under such a situation is purely formal”

The police invaded the Perak State Assembly and forcibly evicted the speaker, V. Sivakumar on 7^th May, 2009 and help BN installed a bogus speaker who was elected by BN elected representatives even before the Assembly Session was opened by His Royal Highness the Regent of Perak.

All these spell disaster for the Perak state and nation of Malaysia. It is imperative on all of us, who love Malaysia to save Malaysia by restoring the constitution to its rightful place and to uphold rule of law.

The way forward is to take Putrajaya and there is no two ways about it as reform to the police and the judiciary can only be done by taking federal power. Let us pledge to day to save our nation by working towards Putrajaya.

3. How have we performed ?

Do the people have faith in us? Our 11 months of ruling Perak has crushed to pieces the propaganda perpetuated by BN in the last 50 years that the opposition parties are unable to rule. We have proven them wrong and have outperformed BN in every aspect.

The Auditor General has confirmed that the Pakatan Rakyat State Government of Perak has caused improvement to each and every department and agency of the Perak State during its 11 month’s rule. The PR Government has succeeded in making historic achievements during this short period. It is without a doubt that PR is the hope of the people and it has brought the changes the people had voted for on 8/3/2008

In 2008 the Auditor General audited 7 state departments and 6 state agencies in Perak and found all these state departments and agencies have improved under the PR government. The financial management of the State financial office was accredited with a four star Excellence status of 90.33 marks which was unprecedented. We see mark improvement

on the State Economic Development Corporation (SEDC) and the Majilis Agama Islam and Adat Melayu Negeri Perak.

The SEDC under BN could not come out with audited accounts for 10 years (1997 to 2006). These were all finally finalised and audited under the PR short rule. Even the 2007 accounts were prepared up to date and audited. Imagine the impact on our state if we are

given more time to govern. Imagine the impact we can make if we control the Federal Budget of about RM200 billion yearly which is about 300 times more than the Perak State budget of about RM700 million.

We have increased State Revenue by more than RM 100 million from RM538,761,178 in 2007 to RM639,425,143 in 2008 despite not having increased any tax whatsoever on the rakyat and despite we having reduced all land conversion premium and quit rent for not profit organizations to RM 1,000 and RM 40-00 respectively. We increased revenue through hard work, open tender system and zero tolerance for corruption.

Our other policies like granting freehold titles for planned and new villages, approving lands for schools and places of worship, supporting Chinese Private Schools and private religious schools by granting them 1000 hectares of land each have endeared us to the rakyat. In the pipeline were programmes to ensure home ownership for all especially the Indians who were displaced from the estates by giving them housing lots, selling homes to them at discounted prices.

The welfare policies of helping the poor, the needy and the downtrodden have also been well received.

4. To persevere and serve faithful

I call on all PR elected representatives to continue to serve faithfully and not be discouraged.

Though we have lost confidence in the judiciary due to the flip-flop decisions of the courts, we however, still trust that good will triumph over evil. If V.Sivakumar succeeds in his case against the Election Commission and the 3 frogs, we will see by elections in Jelapang, Changkat Jering and Behrang. If Dato Seri Nizar bin Jamaluddin succeeds in his case against Dato Zambry bin Abdul Kadir we will see state wide elections to be called.

The PR leadership will continue to do what we can especially through legal court cases while members must continue to influence public opinion, to get the people to persevere and to stay with us. I believe so long as the people are with us. Putrajaya will be a dream that is achievable.

Ngeh Koo Ham

Chairman, DAP Perak

28th Oct 2009 in SUK Perak basement car park

DAP Perak Wishing You Happy Diwali!

DAP Perak Mengucapkan Selamat Menyambut Hari Deepavali Kepada Semua Penganut Hindu!

DAP Bukit Merah Branch Mooncake Festival 红泥山支部中秋晚会

Date: 27/9/2009

Time : 7:00pm

Venue: Jalan Merah 1/3, Kg. Baru Bukit Merah, Lahat.

Contact: 012-4917968 ( Choo )

Speakers: Ngeh Koo Ham, Kula, Nga Kor Ming, Sivakumar, Lim Pek Har & more

Karaoke & Mooncake Festival at DAP Branch

卡拉OK比赛及中秋晚会

Date: 25/9/2009

Time: 7:30pm 晚上七点半

Venue:87A, Lorong Rasi Jaya 4, Taman Rasi Rasi Jaya, Menglembu (万里望幸运山景园 ）

Contact: 012-5152622 ( Ho )

Speakers: YB Lim Pek Har & more

Judge in Perak Speaker, V. Sivakumar’s case has contradicted himself and acted ultra vires

MEDIA STATEMENT

The Ipoh High Court yesterday struck out with costs the suit filed by Perak Legislative Assembly Speaker, V. Sivakumar against Dato’ R Ganesan seeking damages for assault, battery and wrongful detention as well as aggravated damages.

I would like to express my total disappointment with the judgment for the following 3 reasons:-

1. On the one hand Justice Azahar Mohamed said that the court could not interfere with the sitting of the Perak State Legislative Assembly on May 7 because Article 72(1) of the Federal Constitution provides that ‘the validity of any proceeding in any state legislative assembly cannot be questioned in any court’ and therefore struck out v. Sivakumar’s suit, but on the same breath he contravened the said provision by stating that the decision of the legislative assembly on May 7, 2009 to remove the Plaintiff, V. Sivakumar as Speaker and to appoint the Defendant, Dato’ R. Ganesan was conclusive and had been fairly determined by the State Assembly on May 7, 2009.

2. The issue of who is the legitimate Speaker was not the subject matter of this suit and therefore, the judge has acted ultra vires (outside his jurisdiction) to state that the removal of V. Sivakumar and the appointment of Dato’ R. Ganesan was conclusive and had been fairly determined by the State Assembly on May 7, 2009.

3. The learned Judge ought not to have strike out the suit as this suit is an action against assault, battery and wrongful detention and not concerning the proceedings of the State Assembly.

In the current Perak crisis, many perverse judgments or judgments not made according to law (in the words of former Court of Appeal Judge, Dato’ NH Chan) have been made and the decision of Justice Azahar Mohamad is definitely another addition.

Dated this 9^th day of September 2009.

DATO’ NGEH KOO HAM

- Member of Parliament for Beruas

- Senior Exco Pakatan Rakyat

Perak State Government

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民主行动党木威区国会议员兼民联高级行政议员拿督倪可汉于2009年9月9日（星期三）在怡保霹雳州总部发表文告：

撤销霹雳州议长西华古玛诉讼案件的法官已经自我矛盾并且超越权限

怡保高庭在昨天撤销霹雳州议长西华古玛针对拿督甘尼申一系列突袭、暴力及非法囚禁他所提出的诉讼，并谕令西华古玛负责堂费。

我要提出3个原因，表达我对于这个判决的彻底失望：

1. 当阿查哈莫哈末法官表示，在联邦宪法第72（1）条文下，“所有在州议会所作出的有效议程都不能被带上法庭挑战”，故法庭不能干预霹雳州5月7日的州议会，因此撤销西华古玛的诉讼；然而他却在同时违反自己提出的上述条件，指2009年5月7日召开的议会，开除原告西华古玛作为议长，并委任被告拿督甘尼申为议长的决定是令人信服的，而且是州议会的公平决定。

2. 关于谁才是合法议长的课题，并不是这项诉讼的主题，因此这名法官已经超越了权限（在他的司法权之外），指定开除西华古玛及委任拿督甘尼申是令人信服并获得州议会公平判决的决定。

3. 有经验的法官应该不会撤销这项诉讼，因为这项诉讼是针对一系列突袭、暴力及非法囚禁而不是关于州议会的议程。

目前的霹雳州危机中，法官们作出了许多荒谬的判决或没有根据法律依据的判决（前上诉庭法官拿督陈炘铠Dato’NH CHAN评语），阿查哈莫哈末法官的判决为此再增加一个荒谬的例子。

拿督倪可汉

Tomorrow we will upload 2/9/2009 Pakatan Rakyat State Assembly video clip.

我们将于明天上载2/9/2009霹雳州州议会短片。

Media Statement by Senior Exco Pakatan Rakyat Perak State Government, MP for Beruas YB Dato’ Ngeh Koo Ham in Ipoh, on Tuesday, 1st September 2009:

The people of Perak did not celebrate Malaysia Independence day yesterday (31st August 2009) because they have been colonized again. We must regain our independence and the first step is to boycott the BN colonist.

In Perak though a State within the Federation of Malaysia, there was hardly any celebration of Malaysia Independence Day yesterday (31st August) and the days preceding it. This is understandable as the people of Perak had been colonized again i.e the imposition of the will of a group of people over the will of the general populace. This domination was enforced by force literally through the barrel of the gun. The BN party and the its leaders who have been rejected by the people of Perak used the police to enforce their dominance.

On 3 March 2009, we saw the police preventing Perak State elected representative from entering the State Assembly to attend a meeting convened by the lawful Speaker, YB V. Sivakumar.

Our 5 May 2009, we saw the police invading the State Assembly and forcibly removing the lawful Speaker and imprisoning him in a room.

On many other occasions we have also seen police preventing the lawful Speaker and his Privileges Committee members from operating or using the State Assembly facilities.

Police have also been used to arrest hundreds of people who protested against BN for trampling upon the democratic rights of the people of Perak. Many were arrested for wearing black shirts, holding candle light vigils, drinking black coffee and holding protest fasts.

BN the colonial master of Perak is running Perak like a police state.

The BN colonial master tried to create a semblance of Independence Day celebration by putting up flags at government buildings but people of Perak were in fact mourning the death of democracy in Perak.

According to surveys conducted by NTV 7, Merdeka Centre and others, about 90% of the people of Perak (supporters from both BN and PR) wants the State Legislative Assembly dissolved to pave way for a fresh election to resolve the present constitutional crisis. The will of the people must be respected.

I challenged the Prime Minister, Dato’ Seri Najib Tun Razak, as Chairman of BN and Dato’ Seri Zambry Abdul Kadir as BN chief in Perak to dissolve the Perak State Legislative Assembly if they truly subscribe to democratic principles. Otherwise, the people of Perak must continue to strive against this colonial Master until democracy is restored. The 1st step is to boycott the Perak BN State Government by not inviting Dato’ Seri Zambry and his exco members to any of our functions.

DATO’ NGEH KOO HAM

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霹雳州民联高级行政议员兼木威区国会议员拿督倪可汉于2009年9月1日在怡保发表文告：

霹雳州人民并没有庆祝昨天的马来西亚国庆日，因为他们被国阵被殖民统治，因此我们必须重新取回独立自主，第一个步骤即是杯葛国阵的殖民统治者。

霹雳州作为马来西亚联邦一份子，在国庆日当天及前夕，几乎没有任何庆祝活动。这是因为霹雳州人民被再次殖民，例如被霹雳州人民拒绝的国阵政党及其领袖使用警察来强行执行他们的统治，导致大多数的人民被一小撮人强迫接受他们的意愿。

在2009年3月3日，我们看见警察阻止霹雳州议员进入议会厅出席由合法议长西华古玛召开的州议会。

在2009年5月5日，我们看见警察侵入议会厅并强制地将合法议长拖离议会厅同时囚禁他。

还有许多的情况，我们看见警察阻止合法议长及其特权委员会成员进入州议会以召开会议或使用议会厅设施。

警察也被利用来逮捕许多反抗国阵践踏霹雳州人民的民主权益的人，还有逮捕许多穿黑衣、举行烛光会、喝黑咖啡及举行绝食活动的人。

国阵的殖民统治者已经将霹雳州变成警察国。

国阵的殖民统治者尝试以在政府建筑物张挂国旗作为全民庆祝国庆日的假象，然而霹雳州人民事实上却是在哀悼霹雳的民主死亡。

根据NTV7电视台、独立民调中心等，大约有90%的霹雳州人民（国阵及民联的支持者）要求霹雳州议会解散并重新选举，已解决目前的宪政危机。人民的意愿必须被尊重。

我挑战首相兼国阵主席拿督斯里纳吉及国阵霹雳州主席拿督斯里赞比里解散霹雳州议会，如果他们真正遵守民主的原则；否则，霹雳州人民将继续反抗殖民统治者直至民主被重新归还。第一步即是杯葛邀请霹雳州国阵政府拿督斯里赞比里及所有的行政议员出席任何的活动。

拿督倪可汉

Zambry must clarify the position of the 14,000 hec of land approved to Rahman Hydraulic Tin Bhd as announced by Dato’ Hamidah Osman, his Senior Exco i

Media Statement by Senior Exco Pakatan Rakyat Perak State Government, MP for Beruas YB Dato’ Ngeh Koo Ham at Pusat Khidmat DAP DUN Sitiwan, Sitiawan on Friday, 28th August 2009:

On 7/8/2009, Dato’ Seri Dr Zambry Abdul Kadir accused me (Ngeh Koo Ham), YB Nga Kor Ming (MP for Taiping and PR Perak State Government Exco member) and YAB Datuk Seri Mohd Nizar Bin Jamaluddin (PR Perak Menteri Besar ) of spreading lies and accusing the BN State Government of approving 14,000 hec of land to Rahman Hydraulic Tin Bhd for Tin prospecting. The same was in fact announced by Dato’ Hamidah Osman, Zambry’s State Government Senior Exco member in April this year to be media. Zambry should clarify whether he is lying or Hamidah Osman is lying and both of them have a duty to the public to clarify the actual situation with regard to the approval of the said 14,000 hec of land.

Since my media statement on 12/8/2009 on this issue, Dato’ Seri Zambry has been exceptionally quiet on this matter. We at Pakatan Rakyat and the people of Perak demand from him transparency and he should clear the air on this issue immediately or we can presume that another scandal is brewing and will cause huge damage to the State of Perak and her people unless it is stopped now.

Dato’ Ngeh Koo Ham

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民联霹雳州高级行政议员兼木威区国会议员拿督倪可汉于2009年8月28日，于实兆远民主行动党州议员服务中心发表文告：

针对国阵高级行政议员拿督哈米达今年四月宣布批准1万4000公顷土地给Rahman HydraulicTin 公司，赞比里必须对此事的真正情况作出解释。

在2009年8月7日，拿督斯里赞比里控诉我（倪可汉）、倪可敏（太平区国会议员、民联霹雳州行政议员）及拿督斯里莫哈末尼查（民联霹雳州务大臣）散布谎言，指责国阵州政府批准了1万4000公顷的土地给Rahman Hydraulic Tin 公司，以进行锡米的采矿探测。然而事实上，在今年4月份，赞比里政府的高级行政议员拿督哈米达就在媒体宣布国阵政府批准了上述土地。

赞比里必须解释，究竟是他还是哈米达在撒谎？他们有责任向公众交代事情的真正情况。

自从我在2009年8月12日针对此事发表文告以来，拿督斯里赞比里却意外地保持沉默，回避这个问题。我们代表民联及所有霹雳州人民，向他提出透明施政的要求，他必须马上作出清楚的交代。如不然，我们可以假设有更多的丑闻正在酝酿，并且会对霹雳州及霹雳州人民造成更大的破坏。

Media Statement by YB Dato’ Ngeh Koo Ham in Ipoh on 26th August 2009:

The Malaysian Bar Council Press Release confirms that Dato’ R. Ganesan was dishonest with regard to the time he ceased practice as a lawyer. Dato’ R. ganesan wrote to Bar Council only after V. Sivakumar’s lawyer notified him that even if he had been duly elected as Speaker (which he was not) he would also have been disqualified.

The Malaysian Bar Council Press Release confirms that Dato’ R. Ganesan has been dishonest when he said he ceased legal practice on 6/8/2009. It was obvious that he had fraudulently back dated his letter to the Bar Council.

The Bar Council had issued a letter to V. Sivakumar’s lawyer, Mr Chan Kok Keong informing him that Dato’ R. Ganesan was still in active practice as on 11/8/2009.

On 12/8/2009, Mr Chan Kok Keong served an affidavit containing the said confirmation on Dato’ R. Ganesan’s solicitors.

The Bar Council confirm that it was only on 13/8/2009, that they received a fax from Dato’ R. Ganesan a letter dated 6/8/2009 informing them that he has ceased practice as from 6/8/2009. It was obvious that Dato’ R. Ganesan had back dated his letter.

Only on 17/8/2009 that the Bar Council acknowledged receipt of Dato’ Ganesan’s back dated letter dated 6/8/2009 and his Notice of Cessation and Statutory Declaration dated 17/8/2009.

The spirit of Article XXX VIA (5) of the Perak Constitution is that the Speaker must cease his existing business or profession immediately and in any case not more than 3 months after his appointment as Speaker failing which he shall be disqualified.

While we never at any time recognize Dato’ R. Ganesan as lawfully elected, even if going by BN’s contention that he was lawfully elected (which he was not) he was disqualified as from 7/8/2009. Dato’ R. Ganesan cannot revive his Speaker post after disqualification by back dating his letter.

What is most disappointing is that we see dishonesty everywhere in BN. From Permatang Pasir candidate, Rohaizat Othman to the court appointed Perak Menteri Besar Dato’ Seri Zambry Bin Abdul Kadir and now to Dato’ R. Ganesan, they have been less than honest in their dealings and actions.

DATO’ NGEH KOO HAM

- Member of Parliament for Beruas

- Senior Exco Pakatan Rakyat Perak State Government

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民联高级行政议员兼民主行动党霹雳州主席拿督倪可汉于2009年8月26日，在怡保发表文告：

马来西亚律师公会发表的文告证实拿督甘尼申在何时终止律师职务一事的正确时间上不诚实，拿督甘尼申是在西华古玛揭发他之后才写信给律师公会。即使他是被合法地选为议长（其实他并没有），他也已经丧失了议长资格。

马来西亚律师公会的文告确认拿督甘尼申说他在2009年8月6日终止律师职务的说法是不诚实，这很明显地显示他在写给律师公会的信函，日期已经回溯了较早的时候。

律师公会发给西华古玛的律师陈国强的信件中指明拿督甘尼申直至2009年8月11日仍然是一名活跃的执业律师。

在2009年8月12日，陈国强律师提交宣誓书证实拿督甘尼申是一名执业律师。

律师公会已经证实在2009年8月13日，他们才收到由拿督甘尼申传真的一封志期2009年8月6日的信件，通知律师公会他已经在2009年8月6日开始终止他本人的律师职务。这已经很明显地显示拿督甘尼申已经将他发给律师公会的信件日期回溯至较早的时候。

律师公会在2009年8月17日才公认正式收到拿督甘尼申志期2009年8月6日的信函，同时他的终止通知法定声明日期是在2009年8月17日。

霹雳州宪法第XXX VIA（5）条文是指议长在被选出后必须马上终止他原有的生意事业或职业，并且在任何情况下都不能超过3个月限期，若议长没有这么做，他将丧失议长资格。

我们从来没有承认拿督甘尼申是被合法选出的议长，即使国阵声明他是被合法选出（其实他并没有），他也将从2009年8月7日开始丧失议长资格。拿督甘尼申不能因为将他的信件日期回溯至较早时候就希望能恢复其议长资格。

最让我们感到失望的是，我们发现国阵充满了不诚实的行为。从峇东巴西补选候选人罗海扎失信被吊销律师执照，到法庭指拿督斯里赞比里是霹雳州务大臣，以及现在拿督甘尼申回溯信件日期，他们的种种行为都缺乏诚信。

Perak State is in a stand still mode and the people suffer as a result. Call on the people to boycott Zambry and his exco for refusing to bow to the wishes of the people that the Perak State Legislative Assembly be dissolved and a fresh election called to resolve the present predicament


More than 6 months have elapsed since the immoral and unprincipled grab of power in Perak by Dato’ Seri Zambry Bin Abdul Kadir and his Exco members. The people of Perak is suffering as no serious investor would want to have a look at Perak due to the uncertainties created by Dato’ Seri Zambry and his BN power grabbers. Recent announcements that some investors are interested to invest in Perak are only eyewash to mislead the people. None of the projects is moving and investors remain at the interested to invest stage.The position of the Menteri Besar is still in doubt waiting for the final arbiter, the Federal Court to make a decision. Entangled together with the question as to who the legitimate Menteri Besar is, is the uncertainty of the local councilors and the village heads appointed by BN to replace the councilors and village heads appointed or elected under the Pakatan Rakyat Government. We hardly see anything moves in Perak as a result. BN is solely responsible for this state of affairs.

During the 10 months’ reign of Perak by Pakatan Rakyat under the able leadership of Dato Seri Nizar Bin Jamaluddin, people see positive changes sweeping through Perak which benefited them. During the short 10 months, scores of positive changes were made which benefited the people.

The people must end this present predicament and the way forward is to dissolve the State Legislative Assembly and allow a fresh election to be held. 90% of those surveyed (which includes both BN and PR supporters) wanted the State Legislative Assembly dissolved. We cannot allow Dato’ Seri Zambry Bin Abd Kadir to go against the wishes of the people. I call on the people to boycott Zambry and his exco members. All organizations and associations must stop inviting them to their functions to send a clear and strong message that we will not accept Zambry’s refusal to dissolve the State Legislative Assembly. Zambry from UMNO with his racist’s mind has said that I have called on the Chinese Associations not to invite him to their functions which is a lie. He tries again to play the racial card which is in vogue with UMNO leaders. My call is to all organizations and associations and to people of all races and religions to boycott him and his Exco members. The desire to see the Perak State Legislative Assembly dissolved to pave the way for a fresh election comes from people of all races and religions as the people is demanding back their democratic rights to chose their leaders to lead the state of Perak.


民主行动党霹雳州主席、木威区国会议员兼民联霹雳州高级行政议员拿督倪可汉于2009年8月20日，在怡保霹雳州总部发表文告：

霹雳州依然处在一个人民受损害的现况。呼吁人民杯葛赞比里及他的行政议员因其拒绝依附人民的意愿解散霹雳州议会重新选举，以便解决目前的窘境。


民联霹雳州政权被拿督斯里赞比里及其行政议员不道德及毫无原则地夺走至今已经超过6个月。霹雳州人民处在受损害的情况，因为拿督斯里赞比里及国阵的夺权者导致的不确定性，造成没有真诚的投资者愿意前来霹雳州进行投资。

最新的宣布指出，有一些投资者有兴趣在霹雳州进行投资只是为了误导人民的表面说辞，事实上并没有任何工程已经开始进行，投资者依然停留在观望的阶段。

州务大臣的地位依然未确定，仍然等待联邦法院仲裁作出最后的判决。在未知谁是真正合法的州务大臣的同时，国阵委任市议员及村长取代民联委任及选出的市议员及村长的做法也出现争议性。我们几乎看不见霹雳州有任何的改进。国阵是唯一必须为这些情况负责。

拿督斯里尼查领导的民联政府在执政的10个月内，让人民看见及感受到霹雳州许多正面及对人民有益的改变。在短短的10个月，有许多积极的政策改变真正惠及人民。

人民必须终止目前的困境，最好的方法就是解散州议会重新选举。根据民调，共有90%的人民（包括国阵及民联的支持者）要求解散州议会。我们不能允许拿督斯里赞比里违背人民的意愿。

我呼吁人民杯葛赞比里及他的行政议员。所有组织及社团一定要停止邀请他们出席本身举办的活动，以便传达一个强烈及清楚的讯息，即我们不会接受赞比里表示拒绝解散州议会的做法。来自巫统并拥有种族歧视的思维的赞比里曾说过我呼吁华人社团不邀请他们出席活动的说法是谎言。他再次使用巫统领袖惯用的种族伎俩。我的呼吁是面向所有的组织、社团及人民，包括所有种族及宗教，全面杯葛赞比里及他的行政议员。

希望霹雳州议会解散并重新进行选举是来自各民族及宗教的人民心里最大的意愿，因为他们希望能重新取回民主的权利，选出他们心目中的领袖来领导霹雳州。

Media Statement by DAP Chairman of Perak, MP for Beruas and Senior Exco Pakat Rakyat Perak Dato Ngeh Koo Ham at Headquarter Perak, Ipoh

Perak State is in a stand still mode and the people suffer as a result. Call on the people to boycott Zambry and his exco for refusing to bow to the wishes of the people that the Perak State Legislative Assembly be dissolved and a fresh election called to resolve the present predicament


More than 6 months have elapsed since the immoral and unprincipled grab of power in Perak by Dato’ Seri Zambry Bin Abdul Kadir and his Exco members. The people of Perak is suffering as no serious investor would want to have a look at Perak due to the uncertainties created by Dato’ Seri Zambry and his BN power grabbers. Recent announcements that some investors are interested to invest in Perak are only eyewash to mislead the people. None of the projects is moving and investors remain at the interested to invest stage.The position of the Menteri Besar is still in doubt waiting for the final arbiter, the Federal Court to make a decision. Entangled together with the question as to who the legitimate Menteri Besar is, is the uncertainty of the local councilors and the village heads appointed by BN to replace the councilors and village heads appointed or elected under the Pakatan Rakyat Government. We hardly see anything moves in Perak as a result. BN is solely responsible for this state of affairs.

During the 10 months’ reign of Perak by Pakatan Rakyat under the able leadership of Dato Seri Nizar Bin Jamaluddin, people see positive changes sweeping through Perak which benefited them. During the short 10 months, scores of positive changes were made which benefited the people.

The people must end this present predicament and the way forward is to dissolve the State Legislative Assembly and allow a fresh election to be held. 90% of those surveyed (which includes both BN and PR supporters) wanted the State Legislative Assembly dissolved. We cannot allow Dato’ Seri Zambry Bin Abd Kadir to go against the wishes of the people. I call on the people to boycott Zambry and his exco members. All organizations and associations must stop inviting them to their functions to send a clear and strong message that we will not accept Zambry’s refusal to dissolve the State Legislative Assembly. Zambry from UMNO with his racist’s mind has said that I have called on the Chinese Associations not to invite him to their functions which is a lie. He tries again to play the racial card which is in vogue with UMNO leaders. My call is to all organizations and associations and to people of all races and religions to boycott him and his Exco members. The desire to see the Perak State Legislative Assembly dissolved to pave the way for a fresh election comes from people of all races and religions as the people is demanding back their democratic rights to chose their leaders to lead the state of Perak.


民主行动党霹雳州主席、木威区国会议员兼民联霹雳州高级行政议员拿督倪可汉于2009年8月20日，在怡保霹雳州总部发表文告：

霹雳州依然处在一个人民受损害的现况。呼吁人民杯葛赞比里及他的行政议员因其拒绝依附人民的意愿解散霹雳州议会重新选举，以便解决目前的窘境。


民联霹雳州政权被拿督斯里赞比里及其行政议员不道德及毫无原则地夺走至今已经超过6个月。霹雳州人民处在受损害的情况，因为拿督斯里赞比里及国阵的夺权者导致的不确定性，造成没有真诚的投资者愿意前来霹雳州进行投资。

最新的宣布指出，有一些投资者有兴趣在霹雳州进行投资只是为了误导人民的表面说辞，事实上并没有任何工程已经开始进行，投资者依然停留在观望的阶段。

州务大臣的地位依然未确定，仍然等待联邦法院仲裁作出最后的判决。在未知谁是真正合法的州务大臣的同时，国阵委任市议员及村长取代民联委任及选出的市议员及村长的做法也出现争议性。我们几乎看不见霹雳州有任何的改进。国阵是唯一必须为这些情况负责。

拿督斯里尼查领导的民联政府在执政的10个月内，让人民看见及感受到霹雳州许多正面及对人民有益的改变。在短短的10个月，有许多积极的政策改变真正惠及人民。

人民必须终止目前的困境，最好的方法就是解散州议会重新选举。根据民调，共有90%的人民（包括国阵及民联的支持者）要求解散州议会。我们不能允许拿督斯里赞比里违背人民的意愿。

我呼吁人民杯葛赞比里及他的行政议员。所有组织及社团一定要停止邀请他们出席本身举办的活动，以便传达一个强烈及清楚的讯息，即我们不会接受赞比里表示拒绝解散州议会的做法。来自巫统并拥有种族歧视的思维的赞比里曾说过我呼吁华人社团不邀请他们出席活动的说法是谎言。他再次使用巫统领袖惯用的种族伎俩。我的呼吁是面向所有的组织、社团及人民，包括所有种族及宗教，全面杯葛赞比里及他的行政议员。

希望霹雳州议会解散并重新进行选举是来自各民族及宗教的人民心里最大的意愿，因为他们希望能重新取回民主的权利，选出他们心目中的领袖来领导霹雳州。

Media Statement By Dato'Ngeh Koo Ham At DAP Perak On 18th Aug 2009

Perak State Assembly sitting on 2/9/2009 is valid and legal. Zambry must respect rule of law



I refer to the Perak State Assembly sitting called by Speaker YB V. Sivakumar to be held on 2^nd September 2009. Dato’ Seri Zambry Bin Abd Kadir’s comment that the Speaker will probably hold it under a tree again indicates that Dato’ Seri Zambry will be blocking the usage of the Perak Legislative Assembly Hall for the said sitting.This shows Dato’ Seri Zambry’s utter contempt for the Perak State Legislative Assembly and the democratic system in this country. I hope Dato’ Seri Dr. Zambry Abd. Kadir will respect the rule of law. Though not elected by the people of Perak, we tentatively respect Zambry as the Menteri Besar of Perak as declared by the Court of Appeal, he should also respect YB V. Sivakumar as the legitimate Speaker of the Perak State Legislative Assembly.

At all material times, both BN and the PR parties respected YB V. Sivakumar as the Speaker of the State Assembly at the last sitting of the Assembly on 7/5/2009.

The 7/5/2009 sitting had not commenced until the Regent of Perak gave his opening speech. The purported election of Dato’ R. Ganesan as the Assembly’s Speaker by a small group of BN elected representatives (which was not legal in itself) was done prior to the opening of the State Assembly by the Regent of Perak. How can a decision made prior to the commencement of a meeting be valid? By insisting that the election of Dato’ R. Ganesan was lawful, Dato’ Seri Dr. Zambry Abd Kadir is denying the role played by his Royal Highness the Sultan of Perak or the Regent with regard to the opening of a State Assembly sitting. He should apologize to the palace for taking such a stand.

As YB V. Sivakumar is still the legitimate Speaker of the Perak Assembly, he is the only person entitled to call for the sitting of the coming assembly and Dato’ Seri Zambry Abd Kadir who heads the Executive must direct the State Secretary to respect the separation of powers in our democratic system. He must accord respect and cooperation and allow elected representatives to attend the sessions fixed on 2/9/2009.

Dato’ Seri Zambry must make clear his stand otherwise the elected representatives of Perak will deem that any blockage to the State Assembly on 2/9/2009 will be deemed to be on his instructions.

Dated this 18^th August 2009.

DATO’ NGEH KOO HAM

民主行动党霹雳州主席拿督倪可汉于2009年8月18日在怡保霹雳州总部发表文告：

于2009年9月2日召开的霹雳州议会将是有效及合法的，赞比里必须尊重法律

我经已查阅霹雳州议长西华古玛将于2009年9月2日召开霹雳州议会。拿督斯里赞比里的言论指议长或将再次在树下召开议会，如此恰好证明了拿督斯里赞比里将封锁霹雳州议会厅以召开上述议会。

这显示了拿督斯里赞比里彻底蔑视霹雳州议会以及这个国家的民主制度。我希望拿督斯里赞比里尊重法律。虽然他并非霹雳州人民所选择，然而我们依然尊重上诉庭判决赞比里作为霹雳州务大臣。因此他也应该尊重西华古玛为霹雳州议会合法的议长。

在所有重要时刻，包括国阵及民联都尊重西华古玛在最近一次即2009年5月7日召开的州议会上，他仍然是议长的身份。

2009年5月7日召开的州议会，直至霹雳州摄政王发表开幕御词前都未真正开始进行。当时由一群国阵议员选出拿督加尼森为议长（并不合法），在摄政王还未宣布议会开幕前进行。一个会议开始前作出的决定如何能够被视为有效？

拿督斯里赞比里坚持认为拿督加尼森被选为议长是合法的决定，那么他已经拒绝了霹雳州苏丹殿下或摄政王关于宣布州议会开幕所扮演的角色。赞比里必须为他的坚持向皇宫作出道歉。

当西华古玛还是霹雳州唯一合法的议长，只有他有权力召开州议会，而拿督斯里赞比里领导的行政权利必须指示州秘书尊重我国三权分立的民主制度。他必须给予尊重及合作，并且允许议员们出席定于2009年9月2 日的州议会。

拿督斯里赞比里必须做出一个清楚的立场，否则霹雳州的议员将会认为若在2009年9月2日召开的州议会发生任何阻挡及封锁，这都是来自赞比里的指示。

Press Statement By Penang Chief Minister Lim Guan Eng In Georgetown On 1.7.2009.

If The Tang Hak Ju Land Scam Involving Undeveloped Quarry Land For A Period Of 15 Years May Finally Cost The State Government RM 40 Million (RM 29 Million + Interest), Forcible Acquisition Of Kampung Buah Pala Involving Developed Land Would Be Of A Frightening Magnitude.

The Penang state government wishes to rebut the lies of Hindraf leaders and collaborators of BN and MIC who claims that acquiring Kampung Buah Pala would cost at the most RM 30 million or even very much less. Where is it stated in the land acquisition laws or approved by the courts that government can acquire land for the public interest at a sum far below the market price?

If the Tang Hak Ju land scam involving undeveloped quarry land for a period of 15 years may finally cost the state government RM 40 million (RM 29 Million + interest), forcible acquisition of Kampung Buah Pala involving developed land would be of a frightening magnitude. The Penang state government simply does not have the financial capability to afford the acquisition of Kampung Buah Pala. We are not talking of millions of ringgit. Neither are we talking of tens of millions of ringgit here!

Any lawyer or even law student knows this. Clearly these Hindraf leaders and BN collaborators are trying to spin a web of deceit and deception to paint the Penang state government as uncaring of Indians. Hindraf may deceive those from outside Penang but those in Penang knows our achievements that we have taken a different path of looking not only after Indians but also after Malays and Chinese as well.

Penang Pakatan Rakyat State Government Fights For All Races And Will Never Become A Single Racial Or Religious Entity.

As with all communities, we have given dignity and respect to ordinary Indians. The first Indian Deputy Chief Minister II of a state in Malaysia was appointed in Penang, all the 28 Tamil primary schools were given a yearly allocation of RM 1.5 million along with other Chinese primary, Sekolah Agama Rakyat, missionary schools and Chinese independent secondary schools. Further, Penang put up the FIRST Tamil road signs in the country alongside with Arabic, Chinese and English bilingual road signs in Georgetown. Even Hindraf had never raised the issue of Tamil road signs.

Hindraf and the BN collaborators must see that the Pakatan Rakyat Penang state government treats all Indians together with Chinese and Malays as Malaysian citizens who desire justice and detest corruption. Unlike Hindraf and the BN collaborators, we fight for all races and religions and will never become a single racial and religious entity.

Hindraf should not stray from its chosen path of defending the victim against the bully or fighting those who are helping the victims. Many Malaysians whether Indians or non-Indians are upset that Hindraf has chosen to pick on the Penang state government instead of the real culprits who sold out Kampung Buah Pala – BN and Tan Sri Dr Koh Tsu Koon.

Lest we forget, it was Koh Tsu Koon and BN that sold out Kampung Buah Pala at a cheap price of only RM 10 per square feet in 2007 and without consulting the residents. Why has Hindraf lost the courage to oppose the real culprits?

Regrets Unruly Behaviour Of Hindraf Demonstrators

However despite regretting the irrational and unjustified targeting of the Penang state government, Hindraf leaders have the right to exercise the basic human rights of peaceful assembly. I have instructed my officials to respect their rights, accord them full respect and accept any memorandum submitted.

I had also urged the police not to take any action that would lead to untoward incidents. Instructions have also being given that should the police chose to act, then the demonstrators should be led to a place safe from police action in the air-conditioned Komtar government auditorium on the 5^th floor. This gesture should serve as a contrast to a BN government that would never have invited demonstrators to the air-conditioned Komtar government auditorium in the 5^th floor but would have used violent force instead to disperse them.

The Pakatan Rakyat Penang State government’s restraint against Hindraf demonstrators yesterday at Komtar despite extreme provocation demonstrates our commitment not only to help Kampung Buah Pala residents but also in upholding the fundamental right of freedom of peaceful assembly.

I feel sad at the unruly behaviour of those present who called my political secretary and ADUN Komtar Ng Wei Aik “an office boy”. Or even asking for two graves of 2X6 and 4X6 to be dug for Sri Delima ADUN Rayer and Penang DCM2 Professor Ramasamy.

Pressure The Federal Government And Dr Koh Tsu Koon To Correct Their Grievous Mistake By Acquiring Kampung Buah Pala.

Despite such consideration on our part for their safety, there were calls by demonstrators inside the air-conditioned Komtar government auditorium that they would vote for BN and against Pakatan Rakyat in the next general elections. It is clear that Hindraf has been infiltrated by BN and MIC collaborators and should return to its original goal of fighting BN who have shown in Kampung Buah Pala as in countless cases of selling out the people’s rights.

Hindraf can start off this process by pressuring the Federal government and Minister in the Prime Minister’s Department Tan Sri Dr Koh Tsu Koon to correct their past grievous mistake by acquiring Kampung Buah Pala and returning back the land to the people. What the state government can not afford financially is definitely within the means of the Federal government!

LIM GUAN ENG

Public Forum

开除全国总警长的动议 Motion to remove the Inspector General of Police

木威区国会议员兼民主行动党霹雳州主席拿督倪可汉于2009年6月13日在怡保发表文告：

基于国阵政府失责于对违反法律的警察采取行动，我将在国会提呈开除全国总警长的动议

我对国阵政府已经感到极度地厌恶及失望，尤其是内政部长拿督斯里希山慕丁在近期发生的霹雳州政治危机上，对许多违反法律的警察并没有采取任何对付行动。

内政部长曾经说过，任何人包括他自己都不能超越法律，人民希望在我国，所有法律能够被遵守，同时在要求人民遵守法律的时候，执行任务的警察也能够遵守法律。除非对犯法的警察采取行动对付，不然人民对警察部队的尊重将恶化。

基于国阵政府失责于对违反法律的警察采取行动，我将会在即将召开的国会即2009年6月15日，提呈一个开除全国总警长—丹斯里慕沙哈山的动议。我将会在这个动议上，列举12个警察违反法律却没有受到对付的事件。（动议内容请参阅附件。）

为了恢复人民对警察部队及法律的信心，我吁请所有国会议员能够抛开他们不同的政治立场支持这项动议。所有的国会议员都已经在就职时宣誓维护及保卫《联邦宪法》。而当宪法给予人民和平集会的权利基础被警察破坏殆尽，所有的国会议员都应该联合起来支持这项动议，如不然，国会议员本身将会破坏他本身许下的誓言。

Due to failure of BN Government to take action against the police for breaching the law, a motion will be moved in Parliament to remove the Inspector General of Police.

I am totally disgusted and disappointed that the BN Government especially the Home Minister, Dato’ Seri Hishamuddin Tun Hussein Onn has failed to take any action against the police for numerous offences they have committed against the law during this period of Perak political crisis.

The Home Minister has said that no person is above the law including himself. The people expect the rule of law be observed in this nation. The public is expected to observe the law, all the more they also expect the police who are enforcer of the law to do so. Unless action be taken against the police for breaching the law, the respect for the police institution will deteriorate.

Due to the failure of the BN Government especially the Home Minister to take action against the police I will be moving a motion in this coming Parliament Session which commences on 15/6/2009 to remove the Inspector General of Police, Tan Sri Musa Hassan. In the said motion I have enumerated more that a dozen offences committed by the police and yet no action has been taken against them. A copy of the motion is attached herewith.

For the sake of restoring confidence of the public in the police force and the rule of law, I call on all members of parliament irrespective of their political affiliation to support the said motion. All members of parliament have taken an oath of office to uphold and defend the Federal Constitution. As the fundamental liberties guaranteed under the Federal Constitution have been violated by the police, all members of parliament are duty bound to support this motion otherwise they have themselves violated their oath of office.

Dated this 12th day of June 2009.

Ngeh Koo Ham
DAP Perak Chairman

Dato’ Seri Zambry Bin Abdul Kadir has announced yesterday that a South American Multinational Corporation will be investing RM9.0 billion in Manjung for an iron ore/pellet distribution centre for Asia. He added that it is in the final stages of discussion and an agreement is expected to be signed next week.

I have been given to understand that the company is the Brazilian company, Compania Vale Del Rio.

It must be put on record that the said company was in negotiating with the Pakatan Rakyat Perak State Government before the latter was immorally, illegally and unconstitutionally overthrown by the BN.

I hope the BN State Government will not be continuing its policy of announcing many multi million/billion ringgit projects to paint a good picture of the government but none finally materialized as has happened under Dato’ Seri Tajol Rosli.

The Perak Pakatan Rakyat Government has a policy to announce the implementation of projects only if it has been finalized and ready to take off as we hold firmly to our principle that the people must not be misled. Many have lost money investing in lands surrounding projects announced by BN which did not materialize.

Dato’ Seri Zambry Bin Abdul Kadir must confirm that the following are already in place if not the announcement is just another publicity stunt.

1. The Perak State Government has thought through thoroughly the decision to convert the area presently designated for tourism to industrial use.

2. The state government has gazetted the area for industrial use.

3. The Environment Impact Assessment (EIA) report is ready and the report supports the said project.

4. Is the 1,300 acres of land private or state land? If it is private land has Compania Vale Del Rio concluded the purchase of the land with the owner? If it is state land, has Compania Vale Del Rio applied for the land and it has been approved by all the relevant departments and the state government?


拿督斯里赞比里宣布的South American Multinational Corporation 90亿令吉投资项目是否是国阵霹雳州政府的宣传伎俩？

拿督斯里赞比里昨日宣布South American Multinational Corporation 将会在曼绒进行90亿令吉的亚洲铁矿集散中心，并且宣称已经进入最后的讨论阶段，同时将会在下星期签署合约。

据我所了解，有关公司是一家巴西公司，Compania Vale Del Rio.

这里必须提醒，在国阵不道德、非法及违反宪法的情况下夺取霹雳州政权之前，这家巴西公司已经与霹雳州民联政府进行磋商。

我希望霹雳州国阵政府不要再进行任何政策，宣称有多少百万、千万工程将会进行，仅仅只是为了描绘一幅美好的愿景而最终没有任何具体的建设结果，在前任州务大臣拿督斯里达祖罗斯里任期内就发生了这样的事情。

霹雳州民联政府制定的一个政策就是，只有在确定及做好准备开始进行一项工程时，才会正式对外作出宣布，这是因为我们坚定地执行以人民为本、不能误导人民的原则。因为已经有太多人/企业，在国阵政府宣传后却没有具体执行政策下，在土地等周边工程的投资上面对太多的亏损。

拿督斯里赞比里必须确认及交代以下的情况已经解决到位，如不然，所有他所作出的宣布只是一种宣传伎俩。

1. 霹雳州国阵政府已经仔细思考及研究利弊关系，将目前保留为旅游用途的地段转换为工业用途。

2. 州政府已经在宪报上宣布有关地段为工业用途。

3. 环境评估报告（EIA Report）已经做好有关地段的考察评估，并且该报告支持及同意有关工程的进行。

4. 究竟有关1300英亩土地是私人地或政府地？如果是私人地段，是否Compania Vale Del Rio. 已经向私人地主购买土地？如果是政府土地，该公司是否已经向州政府作出申请并且获得所有相关部门及州政府的批准？

14 Arrested In Hunger Strike!

Confirmed arrest so far: YB.Keshvinder,YB.Sivakumar,YB.Thomas Su,YB.Leong Mee Meng, YB.Lim Pek Har, YB.Kula, YB.Chang Lih Kang and YB.Chan Ming Kai. 7 Aduns ( 5 DAP, 2 PKR ), 1 MP ( DAP ) and 2 DAP members, 2 Amal Unit & 2 onlookers arrested. 14 in total.

MEDIA STATEMENT BY DATO' NGEH KOO HAM ON 21ST MAY 2009

Media Statement


Response by Dato’ Ngeh Koo Ham, DAP Perak Chairman to the DVD produced by BN/MCA with regard to the incident on 7-5-2009 at the Perak State Legislative Assembly, at DAP Perak Headquaters, on 21st May 2009:

- Police and the Minister of Home Affairs practice double standard

- 10 reasons why BN/MCA DVD does not disclose the truth
_______________________________________________________________________

The BN/MCA have announced that they are producing 50,000 DVD for distribution with regard to 7/5/2009 incident at the Perak State Legislative Assembly.

I have viewed the DVD and it is clearly a biased reporting. The people must not be hood- winked by BN’s lies. Truth fears no counter explanation but BN fears PR’s reply. When PR showed the recording of the 7/5/2009 incident at a DAP dinner in Sitiawan on 9/5/2009 (Saturday) it was abrupted stopped by the police but MCA was free to show its distorted version of the incident at the MCA dinner on 17/5/2009 (Sunday) in Ipoh. When YB Ong Boon Piaw, the DAP State Assemblyman for Tebing Tinggi produced DVD on the 3/3/2009 Perak State Assembly sitting under the rain tree he was arrested by the police but when BN/MCA produce 50,000 DVD distorted version of the incident on 7/5/2009, they are free to do so. Is there any more law in this land? Why the double standard? The police and the Minister of Home Affairs, Datuk Seri Hishamuddin Bin Tun Hussein Onn are clearly pratising double standards. BN has to practice double standard to prevent the people from learning the truth.

The BN/MCA DVD refuses to explained the following:-

1. That the whole fracas on 7/5/2009 was due to the refusal by BN elected representatives and the 3 ‘frog’ elected representative to obey the instructions of V. Sivakumar the legitimate Speaker of the Perak State Assembly.

2. That Dato’ Zambry Bin Abdul Kadir and his 6 BN ‘exco’ members and the 3 frogs Assemblymen and woman had earlier been suspended.

3. That the motion to remove the speaker proposed by suspended members are invalid and have been rejected.

4. That it was the BN trying to conduct an illegal sub-Assembly involving only BN elected representatives in the State Assembly which prompted the response from the Pakatan Rakyat elected representatives to stop them from doing so after BN elected representatives failed the heed the repeated directives and warnings from the speaker not to conduct the illegal sub-Assembly within the State Assembly.

5. That Hee Yit Fong, the Assembly woman for Jelapang cannot chair a sub- Assembly when the Assembly was chaired by the Speaker, V. Sivakumar. Moreover, she is no longer an assembly woman as she has resigned.

6. That the State Assembly had never commence sitting at any point of time. Illegally and forcibly removing V. Sivakumar to install Dato’ R. Ganesan as speaker can never be legal.

7. That even if the State Assembly had commenced when the Regent of Perak gave his opening speech (which is denied as the lawful Speaker, V. Sivakumar had been unlawfully and forcibly evicted from the Assembly) no business was transacted after the opening speech as it was immediately adjourned.

8. It was not true that His Royal Highness the Regent of Perak reprimanded Dato’ Seri Nizar Bin Jamaluddin and myself. His Royal Highness called us up to the stage after Dato’ Seri Nizar Bin Jamaluddin complained to him the Speaker V. Sivakumar was forcibly evicted from the Assembly. His Royal Highness the Regent informed us that he does not want to get involved in this (politics) and asked that he be allowed to read out his speech and hope that we will respect that which we agreed as our opponent is the BN and not the palace.

9. The purported appointment of Dato’ R. Ganesan as speaker was invalid for the following reasons:-

(i) The State Assembly has never commenced.
(ii) The Sub-Assembly chaired by Hee Yit Foong was invalid.
(iii) His election was done at the Sub-Assembly conducted by BN and not at the Assembly chaired by Speaker, V. Sivakumar.
(iv) The election of Dato’ R. Genesan was done prior to the opening speech of the Regent of Perak.

10. It does not include the video footage of the speaker, V. Sivakuma being illegally and forcibly evicted from the state assembly.

I believe the people will be able to see the truth and not be deceived by BN/MCA.


Dated this 21st day of May 2009.
DATO’ NGEH KOO HAM
DAP Perak Chairman

民主行动党霹雳州主席拿督倪可汉于2009年5月21日，假怡保霹雳州总部，针对国阵马华公会制作的2009年5月7日州议会事件光碟发表声明：

- 警方及内政部实行双重标准

- 国阵/马华公会派发的光碟没有揭露事实的10个理由


国阵/马华公会宣布分发5万张2009年5月7日霹雳州议会事件的光碟。

我已经看过有关光碟且很明显是存有偏见的报道，人民不能被这个谎言欺骗。真正的事实不怕多次重复说明，但是国阵却害怕民联的回应。当民联在2009年5月9日于实兆远举行的民主行动党晚宴上播放摄录于5月7日州议会事件的光碟，警方马上鲁莽地制止；而马华公会却被允许在该党于5月17日在怡保举行的晚宴上播放。

行动党徳宾丁宜区州议员黄文标制作3月3日的大树下州议会光碟遭到警察的逮捕，而国阵马华公会却可以被允许发放5万张歪曲事实的光碟。马来西亚是否还有法律存在？为何双重标准？警察及内政部长拿督斯里希山慕丁很明显地实行双重标准。国阵为了阻止人民知道事情的真相而必须实行双重标准。

国阵/马华公会制作的光碟拒绝解释说明以下的事件：

1. 2009年5月7日在州议会内所发生的骚乱起因，在于国阵的议员及3个跳槽的“青蛙”议员拒绝服从霹雳州合法议长西华古玛的指示。

2. 较早时，拿督斯里赞比里、6名国阵的“行政议员”及3个青蛙议员已经被禁足进入州议会。

3. 由被禁足的议员所提呈的撤换议长的动议是无效的同时被驳回。

4. 在国阵议员拒绝遵守议长重复“不得在议会中进行不合法的会议”的指示及警告后，民联议员及时地反应制止国阵议员企图进行只有国阵议员的不合法会议。

5. 当议长西华古玛仍在议会内主持议会时，九洞区州议员许月凤无权同时再主持另一个会议，此外，她已经辞职且不具有州议员资格。

6. 由始至终州议会并没有被宣布开始举行。在非法及强硬地将西华古玛拖离议会厅下，拿督甘尼申的议长资格无论如何都是不合法的。

7. 即使在皇储宣读御词后，议会已经算是开始议程（被拒绝承认为合法议长的西华古玛在开幕御词宣读前就被强行拖离议会厅）议会在开幕御词宣读完毕后被立即宣布无限期休会，并没有执行任何议程，作出任何决定。

8. 有关皇储斥责拿督斯里尼查及我本身的说法是不正确的。当时拿督斯里尼查向皇储投诉议长西华古玛被强硬地拖离议会厅。皇储告诉我们他并不愿意涉入（政治）纠纷中，希望我们能够尊重并让他宣读开幕词。我们一致认为真正的敌对方是国阵而非皇室。

9. 以下原因将指明拿督甘尼申被委以议长职是无效的：
(i) 由始至终州议会并没有真正开始进行。
(ii) 许月凤主持的议会中的不合法会议是无效的。
(iii) 甘尼申不是在西华古玛主持的州议会，而是在国阵主持的不合法会议中被选出的。
(iv) 甘尼申是在皇储宣读开幕御词前被选为议长。

10. 光碟中并没有包括议长西华古玛被非法及强硬地拖离议会厅的片段。

我相信人民不会被国阵/马华公会所蒙骗及误导，能够明辨真正的事实真相。

MEDIA STATEMENT BY DATO' NGEH KOO HAM AT DAP PERAK HEADQUARTERS IN IPOH, ON 13 MAY 2009:

A stay order pending appeal does not affect the content of a Judgment

- Wrong for Dato’ Seri Zambry Bin Abdul Kadir to claim that he is now the rightful MB of Perak. He is in contempt of court.

- Suspension of State Secretary and State Legal Adviser from duties still valid

I feel ashamed for Dato’ Seri Zambry Bin Abdul Kadir who now claimed that he is the rightful Menteri Besar of Perak after the one Judge bench of the Court of Appeal granted him a stay pending his appeal with regard to the judgment of the High Court Judge, Justice Abdul Aziz Bin Abdul Rahim who has declared Dato’ Seri Ir. Nizar Bin Jamalludin as continuing to be the rightful Menteri Besar of Perak from the day he was first appointed. The High Court Judge had ordered that Dato’ Seri Zambry Bin Abdul Kadir must not continue to present himself as Menteri Besar of Perak or act as one. Therefore, it is in contempt of court for Dato’ Seri Zambry Bin Abdul Kadir to claim that he is now still the rightful Menteri Besar of Perak.

It is without a doubt that until this High Court Judgment is reversed by the Court of Appeal Dato’ Seri Zambry Bin Abdul Kadir remains an illegally appointed Menteri Besar as has been declared by the learned High Court Judge.

The following simple illustration will help bring home the point.

A sues B for a debt of RM5,000-00 and B disputes the debt. After hearing, the court declares that B owed A RM5,000-00 and ordered B to pay the said sum to A. B then obtains a stay of the judgment pending appeal. Until the appeal is heard and the lower court judgment reversed, it remains that B owed A RM5,000-00 and has to pay this amount to A.

The stay order merely gave A an opportunity to get the opinion of a higher court with regard to the issue before the judgment of the lower court can be enforced.

Therefore, until the hearing of the appeal, Dato’ Seri Zambry Bin Abdul Kadir remains an illegally appointed Menteri Besar as has been declared by the High Court. He should not and cannot exercise the powers and the privileges of a Menteri Besar including going back to occupy the office of the Menteri Besar.

As Dato’ Seri Zambry Bin Abdul Kadir is still the illegally appointed Menteri Besar, he has no power to reinstate the State Secretary and State Legal Adviser who were suspended by the Pakatan Rakyat State Government through its Exco meeting on the night of 11^th May 2009 (before the stay order was granted to Dato’ Seri Zambry Bin Abdul Kadir).

With regard to the opinion expressed by the Chief Secretary to the Government, Tan Sri Mohd Sidek Hassan that action cannot be taken by the State Government against the State Secretary and the State Legal Adviser, I would like to state that such an opinion is legally flawed. The State Secretary and the State Legal Adviser are Federal Officers appointed by the Public Service Commission and the Judicial and Legal Service Commission respectively. However, when they are seconded to and employed by the State Government, the State Government has the authority over them as their employer. Therefore, when they acted against the interest of the State Government or failed to cooperate with the State Government or commit acts of insubordination, they can be suspended from their duties pending formal complaints being lodged against them with the Public Service Commission and the Judicial and Legal Service Commission respectively and be dealth with under the Public Officers (Conduct and Discipline) Regulations 1993. Any other interpretation will mean that Federal Officers can lord over the State Governments with impunity. Therefore the Perak State Pakatan Rakyat Government has acted within what is permitted in law.

Dated this 13^th day of May 2009.

DATO’ NGEH KOO HAM

Coordinator of the Pakatan Rakyat legal

team cum the Senior Exco of the Pakatan

Rakyat Perak State Government

民主行动党霹雳州主席兼民联律师团协调人拿督倪可汉于2009年5月13日假怡保霹雳州总部发表声明：

上诉庭只是暂缓执行吉隆坡高庭昨日宣布尼查是合法大臣的裁决，并没有影响有关判决的内容

-拿督斯里赞比里自称是霹雳州合法大臣是错误的，他已经犯上藐视法庭的行为。

-州秘书及州法律顾问的职务终止令至今依然有效。

我为拿督斯里赞比里自称是霹雳州合法大臣感到羞耻，上诉庭仅仅只是批准他的申请，暂缓执行吉隆坡高庭法官阿都阿兹宣布尼查从被委任至今依旧是合法大臣的裁决。高等法庭已经指示拿督斯里赞比里不能继续以霹雳州务大臣自居。因此，拿督斯里赞比里依然自称是合法的霹雳州务大臣，已经犯上藐视法庭的行为。

高等法庭对于拿督斯里赞比里是不合法被委任的州务大臣的裁决是毋庸置疑的。

以下的例子可以协助说明事情的关键：

A起诉B欠债5000令吉而B反驳不认有关债务。经过聆审，法庭宣告B欠A 5000令吉并且指示B将有关数额欠款付还予A。随即B取得上诉暂缓执行有关判决。在上诉还没有获得审讯、以及较低级法院的判决没有被推翻的情况下，B依然欠A 5000令吉及必须付还有关数额予A。

“暂缓令”只是给予A在低级的法院判决可以获得执行之前，一个在较高级法院内获得重新检讨的机会。

有鉴于此，直至上诉聆审前，即使拿督斯里赞比里自诩为大臣，然而高庭的判决依然判他是不合法的大臣，因此他不能及不可以行使州务大臣的权力及特权，包括占有州务大臣的办公室。

同时，拿督斯里赞比里作为一名不合法的州务大臣，他也没有权力为州秘书及州法律顾问复职，因他们已被民联州政府在2009年5月11日晚上召开的行政会议上终止职务。（而这是在拿督斯里赞比里申请暂缓执行高庭判决之前所决定。）

针对政府首席秘书丹斯里莫哈末西迪哈山指出州政府不能对州秘书及州法律顾问采取任何行动的说法，我要指出，这个说法在法律上是无效的。

州秘书及州法律顾问是联邦政府公务员，由公共服务委员会与司法及法律服务委员会所委任。不过，当他们被州政府所支持及聘请，州政府就有权作为他们的雇主。因此，当他们的行为违反州政府的意愿、无法与州政府合作或犯下反抗的行为，通过正式向公共服务委员会、司法及法律委员会以及在1993年公务员（行为与纪律）守则下作出投诉，他们就可以被终止职务。霹雳州民联政府执行法律所赋予的权力，任何的解释说明将显示联邦公务员可以超越州政府的领导而免除被惩罚。