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Thursday, April 21, 2022

In Kuching, High Court told Putrajaya not doing enough for Chinese-medium schools

 Wee is suing Kong after the latter allegedly disparaged his reputation as a successful businessman and educationist via a Facebook post on July 21, 2020. — Reuters pic

Wee is suing Kong after the latter allegedly disparaged his reputation as a successful businessman and educationist via a Facebook post on July 21, 2020. — Reuters pic

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KUCHING, April 21 ― The Kuching High Court hearing of a defamation suit involving entrepreneur Datuk Richard Wee against lawyer Michael Kong was told that the federal government ― be it Pakatan Harapan (PH), Barisan Nasional (BN) or Perikatan Nasional (PN) ― did not contribute enough to the development of Chinese-medium schools.

The 14th witness Chai Voon Tok, also a lawyer and a Chinese educationist, said this during re-examination conducted by the plaintiff’s lawyer Shankar Ram before Judge Dr Alwi Abdul Wahab yesterday.

Chai was asked by Shankar if the defence’s lawyer Chong Chieng Jen during cross-examination earlier tried to make it look as if the previous PH government had given better grants to these schools.

Shankar: Do you know if any Chinese institution, school or college were faced with a situation where they were given lesser grants? The line of questioning by Mr Chong is to show that PH gave better grants to the Chinese schools.

Chai: As I said, there were Chinese schools which were in need of grants but were not satisfied by the governments of PH, BN or even PN now.

Chai explained there was a time when the BN government allocated more than the PH government if the quantum of funding is taken into account.

“But the important issue which is at the heart of the Chinese community is the recognition of UEC,” he said, referring to the Unified Examination Certificate.

“This was something promised by the PH government in their election manifesto but they failed to deliver.”

During the examination-in-chief by Shankar earlier, Chai, 56, said he regarded Wee highly.

“Yes, I regard the plaintiff (Wee) as an influential Chinese leader in Sarawak by the fact that he is president of the Federation of Chinese Associations of Sarawak (FCAS) and over the years, he has helped and was instrumental in getting funds for Chinese schools in Sarawak from the government.

“Notably in 2014, he helped to secure RM3 million for the independent middle schools in Sarawak from the state government under the leadership of the late Tan Sri Adenan Satem which was later increased by RM1 million annually, and RM10 million was given last year.

“In addition, the plaintiff was instrumental in getting the UEC recognised by the Sarawak government, meaning to say the graduates of UEC can apply for jobs in the state civil service.

“Further, as the president of FCAS, he has helped to secure the approval for alienation of a prime land situated behind tHe Spring Shopping Mall from the state government for the FCAS to build its office,” said Chai.

He testified that Wee had also helped the Chinese community to secure the alienation of state land of about 40 acres in Samarahan for the board of management of the independent middle schools in Sarawak, on top of the numerous donations made to non-governmental organisations and schools over the past many years.

During cross examination by Chong, Chai said the previous PH government had delayed the recognition of UEC.

Chong: Am I correct to say that the setting up of the special review committee by the PH government was an attempt by the PH government to address this issue?

Chai: I don’t agree. To me, this is a delaying tactic.

Chong: Before the PH government took over the federal government, was there any committee set up by the then BN government to address this issue?

Chai: Not that I know of.

Chong: Have you ever questioned why this issue of recognition of UEC cannot be resolved since the 1980s to 2018 when BN was the federal government?

Chai: As a Chinese educationist, I have on numerous occasions criticised BN for not recognising UEC. I think that was the reason we voted in PH as the government.

Chong: You said ‘ we voted in PH as the government ’ Am I correct to say that it was a mandate for five years’ tenure of a government?

Chai: Yes. But I don’t think you need five years to get UEC recognised.

Chong: Since the fall of the PH government in February 2020 when PN became the federal government until now, has the UEC been recognised?

Chai: No.

Chong: You mentioned just now that the plaintiff was instrumental in securing the allocation from the Sarawak government for Chinese middle schools since 2014. Am I correct to say that there was no state government allocation for Chinese middle schools before 2014?

Chai: No annual grant as such. But I believe the state government contributed to the Chinese schools through the ministers and YBs (elected representatives) from their development allocation.

Chong: Am I correct to say that before the late Tan Sri Adenan Satem took the helm as the Chief Minister of Sarawak, there was no annual grant for Chinese schools but some ad hoc grants from individual ministers and elected representatives?

Chai: Yes.

Chong: Likewise, for the federal government before PH took over as the federal government in 2018, there was also no annual allocation for Chinese middle schools, am I correct to say that?

Chai: Yes.

Chong: After PH took over as the federal government, the PH government gave annual allocation for Chinese schools, am I right to say that?

Chai: It is meant for independent Chinese schools (Chinese middle schools) because prior to PH taking over as the federal government, the then BN government had provided maintenance grant to Chinese primary schools in the country.

Chong: Am I correct to say that after taking over the federal government the PH government not only continued to give maintenance grants to Chinese primary schools in the country, but such grant was also included for some development purposes and that the total amount of allocation was increased by the years?

Chai: I think you need to look at the year that you are referring to because there was one or two years that the BN government provided RM100 million for the maintenance grant for Chinese primary schools in the country.

Chong: Are you saying one or two years out of decades of BN government governing the country?

Chai: I am merely pointing out the fact because if we want to compare the grant provided by the PH government with the year or years which the BN government had provided RM100 million, then you cannot say that the PH government has increased the grant per se.

Chong: How much was the grant for Chinese primary schools from the PH government for the year 2019?

Chai: If I remember correctly, it was still RM50 million but definitely not more than RM100 million.

When put to him that in 2019, the PH federal government granted more than RM100 million in allocation for Chinese primary schools in the country, Chai replied, “I think I have to look at how the allocation of funds was being categorised.”

Chai also said he disagreed with Chong’s suggestion that the PH government’s mechanism of disbursing the grants were faster and more efficient than the previous BN government.

When asked if he knew that the UEC is recognised by the state government as an equivalent of SPM or STPM, Chai replied, “I just know that UEC is recognised and from the publication of the advertisement by the state government, they (UEC holders) are allowed to apply for employment in the state civil service.

“The government has not mentioned whether the UEC is equivalent to SPM or STPM,” he added.

Chong: Are you aware the employment of any civil service holders of SPM will have a lower salary scale or benefits compared to holders of STPM which is a level higher than SPM?

Chai: I think so.

Chong: Refer to your witness statement, attachment B in your CV under ‘appointments in public sector’ (b) where you were appointed as a member of Samudah by the Sarawak government since 2012 with the objective of enhancing the delivery of the civil service in Sarawak. As a member of Samudah since 2012, wouldn’t you know the scale of remuneration of an employee of the said government holding different degrees?

Chai: No, because the employment of civil servants comes under the purview of the Public Services Commission. Samudah is only dealing with complaints in the delivery of civil service.

Chong: As a Chinese educationist who is concerned about the Chinese middle school graduates and their job prospect after graduating from the Chinese middle school, shouldn’t you be concerned about what remuneration that the state government could be offering them or what status the state government attached to their UEC on their employment?

Chai: I believe the boards of management of Chinese middle schools have looked into the issue and for those who have knowledge in the development of Chinese education in Sarawak, my main focus is on the Chinese primary schools. Even then it does not mean that I have no concern on the status of UEC. I will definitely look into the issue.

Wee is suing Kong after the latter allegedly disparaged his reputation as a successful businessman and educationist via a Facebook post on July 21, 2020.

Chai is chairman of the Board of Management of Chung Hua Primary School No. 1, 2, 3 4 5 and 6 in Kuching, and also president of Kuching, Samarahan and Serian Chinese Primary School Board of Management working together with Wee in resolving all matters relating to both primary and secondary schools throughout Sarawak.

Assisting Shankar are lawyers Russell Lim and Yu Ying Ying, while Chong is assisted by lawyers Sim Kiat Leng and Brenda Chong. ― Borneo Post

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