Press Conference Statement by Parliamentary Opposition Leader, DAP Secretary-General and MP for Tanjung, Lim Kit Siang, at the Penang DAP Hqrs on Wednesday, 26th February 1992 at 11.30 a.m.
Call on the Penang Chief Minister, Dr. Koh Tsu Koon, to explain why his assurance in the Penang State Assembly last December that the MPPP would rebuild the two demolished Thean Teik Estate dwelling after construction of a sewerage project had not been honoured
I am holding this press conference to call the Penang Chief Minister, Dr. Koh Tsu Koon, to explain why his assurance in the Penang State Assembly last December that the Majlis Perbandaran Pulau Pinang (MPPP) would rebuild two Thean Teik Estate dwellings after construction of a sewerage project had not been honoured.
In the Penang State Assembly on Dec. 14, DAP Assemblyman for Paya Terubong, Teoh Teik Huat, moved a motion on the demolition of two dwellings of Teoh Chong Poh by the MPPP on 11th November 1991, namely No. 267-A and 267-H, Thean Teik Estate, to lay sewage pipes under the houses.
In his reply, Dr. Koh said the MPPP was entitled to carry out the demolition to lay sewage pipes under the Street Drainage and Building Act 1974, and that as provided for under the Act, the MPPP would fully compensate Teoh Chong Poh in the form of reinstatement of the two dwellings to their original after the sewerage construction.
In its notice served on Teoh Chong Poh, the MPPP said that the demolition of the two dwellings under the Street Drainage and Building Act 1974 would be carried out by its agents, Perumahan Farlim.
In its letter to Teoh Chong Poh dated 2nd October 1991, the MPPP said that the sewerage construction works were expected to last for two months and the reinstatement of the dwellings to their original condition was expected to be started within one month of completion of he sewerage construction.
However Teoh Chong Poh had no confidence in the written assurances of the MPPP, and this led to legal proceedings, resulting in this assurance of the MPPP embodied in a Penang High Court consent order between Teoh Chong Poh and the MPPP on 19th December 1991.
The Penang High Court consent order states that the MPPP would ‘expeditiously commerce reinstatement works in respect of the dwelling houses No 267-A and 267-H, Thean Teik Estate, Penang within one month after completion of the sewage works.’
The consent order further stated that the sewage works were estimated to take two months and the reinstatement works ‘should be completed expeditiously but not later than three months from the date of completion of the sewage works.’
MPPP Secretary, Lakhbir Singh, agreed to be personally responsible for the MPPP honouring its undertaking to rebuild the two dwellings to their original condition
The MPPP Secretary, Lakhbir Singh, also agreed that he be held liable for the MPPP complying with the consent order.
The sewage had been completed by the end of 1991, but the undertaking given by the Dr. Koh Tsu Koon in the Penang State Assembly, repeated by the MPPP in the Penang High Court, and put in black-and-white by the MPPP n its earlier letter to Teoh Chong Poh, had not been honoured.
It is about two months since the completion of the sewage works, but there are no sign that the MPPP would carry out any reconstruction and reinstatement of the two Thean Teik Estate dwellings to the original conditions.
In fact, all the signs are the opposite – that the Penang Chief Minister would not honour is assurance in the Penang Assembly, and the MPPP would not honour its undertaking given to Teoh Chong Poh both in its letter as well as in the Penang High Court.
After the Nov. 11 demolition work by the MPPP’s agents, Perumahan Farlim, of the two dwellings, there were remaining structures forming part of the premises No. 267-H, Thean Teik Estate, as well as 70 acquariums for rearing tropical fish, 8 tanks for storing fresh water for the acquariums and 23 cement pig-sty pens.
On 27th January 1992, the MPPP’s lawyers informed Teoh Chong Poh’s lawyers that the MPPP did not have any objections to his reconnecting electricity from Tenaga Nasional Berhad in respect of the subsisting structures that were not demolished.
However, on February 15, 1992, MPPP’s agents, Perumah Farlim, demolished Teoh Chong Poh’s remaining structures that were not demolished on November 11 last year, causing tens of thousands of ringgit of losses to Teoh Chong Poh with the destruction of the pigsty and fish tanks.
A top Penang State Government leader has admitted that the MPPP has no intention to rebuild the two demolished houses to their original condition
A top Penang State Government leader has admitted that the MPPP has no intention to rebuild the two demolished dwellings to their original condition. If this is denied, I am prepared to name the identity of this top Penang State Government leader.
This is most shocking for this case involves:
Firstly, the Penang Chief Minister, Dr. Koh Tsu Koon, dishonouring his assurance in the Penang State Assembly on Dec. 14 that the MPPP will comply with the law as well as abide by its undertaking to rebuild the two demolished houses in Thean Teik to their original condition;
Secondly, the MPPP breaking three solemn undertakings to rebuild the two dwellings to their original condition, namely:
i. in its notice to Teong Chong Poh in October 1991;
ii. in its Penang High Court consent order dated 19th December 1991; and
iii. most serious of all, in the undertaking by the MPPP Secretary, Lakbir Singh, to be personally responsible for the MPPP honouring the consent order.
Penang DAP Assemblymen will move a motion of censure against Dr. Koh Tsu Koon if he dishonours his undertaking in the Assembly that the MPPP will rebuild the two demolished dwellings to their original condition
If the solemn undertakings and assurances given by the Penang Chief Minister in the State Assembly and the MPPP Secretary, Lakhbir Singh, in the Penang High Court, can be dishonoured, how can the Penang State Government expect the people to have any faith, confidence and trust in the honesty and integrity of both the State Government and the MPPP?/
Dr. Koh Tsu Koon should suspend the MPPP Secretary, Lakhbir Singh, for gross dereliction of duty in failing not only to rebuild the two demolished Thean Teik dwellings to their original condition, but in allowing the MPPP’s agents, Perumahan Farlim, to demolish the remaining structures on Feb. 15.
If Dr. Koh Tsu Koon fails to act to ensure that his assurance in the Penang Assembly and the MPPP’s solemn undertakings in the Penang High Court and to Teoh Chong Poh are honoured, then the Penang DAP Assemblymen will move a motion of censure against him in the next Penang State Assembly. This episode will be the sad proof that what Dr. Koh Tsu Koon says as Penang Chief Minister even in the Penang Assembly cannot be believed and trusted.
I hope Dr. Koh Tsu Koon will handle this case with all the seriousness and urgency it requires. Otherwise, Dr. Koh will have only himself to blame if the ordinary people in Penang comes to the conclusion that under his administration, only the rich and powerful can get the ears of the government, while the poor and weak are completely helpless.