The Chia Oai Peng Affair
Monday March 12


Student council says rule restricts intellectual growth
Ng Boon Hooi

8:39pm, Mon: The Universiti Malaya Students Representative Council today protested against the implementation of a little-known rule which forbids campus officials from criticising the government.

The council’s objection came after a lecturer received a show-cause letter for her vocal support of a controversy-roiled 70-year-old Chinese school.

Claiming that no one has been informed about the existence of the Statutory Bodies Act 2000, council president Mohamad Fuad Mohd Ikhwan told malaysiakini that the act has no place in a country that upholds justice and democracy.

“The act will restrict the freedom of intellectuals to express their opinions and consequently jeopardise the development of the country,” said Mohd Fuad.

Malaysiakini reported last Monday that Prof Chia Oai Peng, of the Literature and Social Science Faculty, received a show-cause letter from university vice-chancellor Prof Dr Anuar Zaini Md Zain for her e-mail postings on the Damansara Chinese school issue in a discussion group last month (Lecturer asked to show cause for Internet postings, March 5)

Chia, who is a former member of the Parent-Teacher Association of SJK (C) Damansara, had told malaysiakini that the postings referred to in the show-cause letter were made to correct some erroneous information on the issue.

According to Chia, the Damansara school was initially slated to move to Bandar Utama, which is closer to the old site. However, that plan was ‘hijacked’ by a number of influential individuals, who gave the allocated school in Bandar Utama to SJK Puay Chai (II).

In January, students at the Damansara school were directed by the Education Ministry to temporarily transfer to Puay Chai (II) - a few kilometres away - while awaiting the completion of the new building in Tropicana.

The authorities have been unable to provide a clear explanation as to what would happen to the historic school and its abandoned site. The majority of the students have moved to Puay Chai (II) but 74 have stayed put and are continuing their classes at a neighbourhood temple.

Written approval

Anuar told Chia in the show-cause letter that her statements had touched on government policies, hence they could be regarded to have violated the Statutory Bodies Act 2000 (Disciplinary and Surcharge).

Mohd Fuad said the student body is specifically concerned about Regulation 18(1) of the Act, which stipulates that a university officer cannot make public statements, whether oral or written, that criticise government policies without written approval from the education minister.

In addition, an officer cannot make any public statements that can bring embarrassment to the government.

“As long as the act is not amended, university lecturers, officials and staff will be muzzled. And we are worried that lecturers can no longer freely give their opinions,” Mohd Fuad said.

He added that politicians should not interfere with the independence of the universities.

When contacted by malaysiakini today, vice-chancellor Anuar declined to comment on the show-cause letter sent to Chia.

His secretary said that the issue was an internal matter.
srjkc damansara affair
Press Statement on the Show    Cause Letter Sent to Associate Professor Dr. Chia Oi Peng
of the Department of Chinese Studies, University of Malaya
by the Authorities of the University of Malaya

Issued by Dr. Toh Kin Woon
An Alumnus of the University of Malaya and  Former Associate Professor  of Universiti Kebangsaan Malaysia

     I  was  deeply  disturbed  and  disappointed to read in the media
that Associate  Professor  Chia  Oi Peng from the Department of Chinese
Studies, University  of Malaya, has been asked to show cause why disciplinary action  should  not be taken against her by the university authorities over several  statements  on  SRJK  (C)  Damansara that she posted on the internet.
This action  by  the university authorities against a staff member for
positions taken  on  certain public issues is the second in the recent history of the university.

    The  first was the refusal of the same university authorities to
renew the  contract of Professor Chandra Muzaffar, then Head of the Department of Civilizational Dialogue, again over views expressed by Professor Chandra on certain issues of great concern to the public.
   As I have said earlier, any university that aims to be a reputable and
outstanding  centre  of  learning  ought  to  allow,  if not encourage,
its academic  staff  to  express  freely their views and opinions, via both
the print  and  electronic  media  on  a wide range of issues of concern to
the public,  even  if  these views differ from those held by the authorities
at the  university  and  the  government.   By  providing  this space for free expression, the university not only helps advances knowledge but shares and disseminates  this  knowledge  with  the  public.  By allowing its staff to  engage  in  debates  with  members of the public, even including those from
political  parties,  the  university  helps  to create an environment where
different ideas, views and opinions can contest and compete.
    I  believe  the  University  of  Malaya,  where  I  obtained  both
my Bachelor's  is  and Ph.D. degrees, aims to be such an outstanding centre
of learning.  Its' recent actions, seem, however, to be totally and completely
out of sync with this aim.
    Associate   Professor  Chia  was  merely  telling  what  she  knew of
developments  leading  to  the  current  controversy  surrounding  SJK (C)
Damansara.   Besides  being  a  university  don, she is also a parent
and a Malaysian  citizen  and hence has every right to freedom of expression. By
doing  what  it  has done, I am concerned that the University of Malaya may suffer  yet  another  blow to its image.  In the interest of redeeming this image  and  in  the  interest  of  promoting  academic  freedom,  which any university  should  vigorously  promote and jealously safeguard, I urge the university  authorities  to  immediately  withdraw  its'  show cause letter issued to Associate Professor Chia Oi Peng.


Statement issued onSaturday 10 March 2001
Subject:  Re: [g-friends] Prof Dr Chia Oi Peng
Date:  Thu, 08 Mar 2001 23:18:13 +0900
From:  Choong Sim Poey <g-friends@yahoogroups.com>
To:  nc@umcsd.um.edu.my
 

All progressive Malaysians must again wonder to what lengths the authorities will go to prevent healthy debate on any subject which might arouse public criticism.

The action taken by the UM authorities on Prof Chia should be publicised and let those authorities be answerable in the court of public opinion. It is time that the authorities stop hiding behind the cloak of confidentiality so that often used to support the claim that the Malaysian public is too immature and emotional to discuss such issues just because it has an element that qualifies it as a "racial' issue. Ultimately transparency is the only tool that can expose how immature or mature that the present Malaysian public is. And that is a challenge that any leadership claiming to support Vision 2020 that espouses a "mature well informed society" cannot avoid facing up to.

SP Choong, Penang.
From:  DAP MALAYSIA <dap.malaysia@p...>
Date:  Sun Mar 11, 2001 8:16am
Subject:  [BUNGARAYA] Chia Oai Peng case - Ultimatum to Ho Choon Kim

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Media Statement by DAP National Chairman Lim Kit Siang in Penang on Sunday,
11th March  2001:

Keng Yaik should emulate the spirit and example of Toh Kin Woon and raise the Chia Oai Peng's case in Cabinet on Wednesday to retract the show-cause letter issued to her  by the University of Malaya for speaking the truth
=====================================================

Gerakan President and Primary Industries Minister, Datuk Seri Dr. Lim Keng Yaik should emulate the spirit and example of Penang State Exco member, Dr. Toh Kin Woon in speaking up courageously for justice and fair play by raising the  Chia Oai Peng case in Cabinet on Wednesday to retract the show-cause letter issued to her by the University of Malaya for speaking the truth.

In a statement yesterday, Toh said the University of Malaya's "show cause"
letter to Associate Professor  Dr. Chia Oai Peng of the Department of
Chinese Studies, University of Malaya is totally at odds with the university's aim to be a  reputable and outstanding  centre  of learning and called for the immediate withdrawal of the "show cause" letter.

Keng Yaik should inform Cabinet of the great harm the "show-cause" episode has done  to Malaysia's reputation in the international academia as well as the national objective to be an international centre of academic excellence.

Keng Yaik should also  seek an assurance from the Cabinet that no Minister for Deputy Minister would  be allowed in future to misuse his powers and influence in the Education Ministry to interfere with the administration of local universities by directing them to institute disciplinary actions against lecturers for  "embarrassing" government  leaders by speaking the truth.

I regret that the  MCA Deputy Education Minister, Datuk Hon Choon Kim had not responded to my demand on 7th March that he explain why the MCA is using the Education Ministry to victimise and persecute Chia for speaking the truth as the university's "show cause" letter was at the directive of the Education Ministry.

Hon is now given three days to give a satisfactory answer on  his role in
the  scandal over Chia's "show cause" notice, failing which the DAP will organise protest public meetings to mobilise public opinion against such MCA threat to academic freedom and basic human rights of free speech and expression.


-  Lim Kit Siang -