No justification can be accepted for the action carried out by Ng Kek Kiong, the boss of Mega 9 Development Sdn Bhd, in forcefully and brutally demolishing 10 houses in Kampong Hakka in Mantin, Negeri Sembilan, in which four people were still occupying, on Oct 31.
On the same day, 19 people, among them villagers, activists and elected state assemblypersons, were arrested for trying to save Kampong Hakka.
The attempt to save one portion of the village failed because Mega 9 successfully, heartlessly and without mercy encroached into the 100-year-old village, using the might of the police force and its money to execute a court order, which itself was premature.
Four families lost their homes of more than five decades, with their belongings destroyed as the Mega 9 bulldozers ripped into their wooden houses.
I went back to the village immediately after my release by the police, only to find a ruined village. It looked as if a strong storm had hit the village, the only difference being that this was not a natural disaster but man-made.
It is always difficult to hear adults cry like babies, to hear the cries of protest, the despair and hopelessness that surrounds the air.
"We have lost everything. My father built this house. They did not even remove our furniture, they are real bastards.... "
There is no justification or justice for the sins committed by Mega 9 and Ng Kek Kiong. Ng is said to be involved in various guilds and associations. Sadly he was also an active member of the Fui Chui Association and Hakka Association.
The village he destroyed is a Hakka village. One banner put up by the villagers read ‘Hakka makan Hakka' (Hakka eats Hakka).
Many villagers told me that Ng only wanted to pay them peanuts, and that the uses all his money and connections to throw the villagers out. Many people have left but this does not justify his actions against the remaining few.
Why must he destroy a 100-year-old village? Why does he not want to discuss a proper resettlement for the villagers with their elected representatives? Why must he lie that these people are illegal squatters when they have lived there for so many years, even before he bought the land?
Why must Ng, in the first place, develop that piece of land even knowing that there are poor people living on it? The so-called "nice man" Ng Kek Kiong is no different from the other money-greedy developers. He just wants to develop the land and make lots of money from it.
On the same day, 19 people, among them villagers, activists and elected state assemblypersons, were arrested for trying to save Kampong Hakka.
The attempt to save one portion of the village failed because Mega 9 successfully, heartlessly and without mercy encroached into the 100-year-old village, using the might of the police force and its money to execute a court order, which itself was premature.Four families lost their homes of more than five decades, with their belongings destroyed as the Mega 9 bulldozers ripped into their wooden houses.
I went back to the village immediately after my release by the police, only to find a ruined village. It looked as if a strong storm had hit the village, the only difference being that this was not a natural disaster but man-made.
It is always difficult to hear adults cry like babies, to hear the cries of protest, the despair and hopelessness that surrounds the air. "We have lost everything. My father built this house. They did not even remove our furniture, they are real bastards.... "
There is no justification or justice for the sins committed by Mega 9 and Ng Kek Kiong. Ng is said to be involved in various guilds and associations. Sadly he was also an active member of the Fui Chui Association and Hakka Association.
The village he destroyed is a Hakka village. One banner put up by the villagers read ‘Hakka makan Hakka' (Hakka eats Hakka).
Many villagers told me that Ng only wanted to pay them peanuts, and that the uses all his money and connections to throw the villagers out. Many people have left but this does not justify his actions against the remaining few.Why must he destroy a 100-year-old village? Why does he not want to discuss a proper resettlement for the villagers with their elected representatives? Why must he lie that these people are illegal squatters when they have lived there for so many years, even before he bought the land?
Why must Ng, in the first place, develop that piece of land even knowing that there are poor people living on it? The so-called "nice man" Ng Kek Kiong is no different from the other money-greedy developers. He just wants to develop the land and make lots of money from it.
A relocation they could afford
The Mega 9 action of Oct 31 cannot be accepted, especially as it is carried out by a leader of the Hakka community.
Ng (left) claims that he has made many donations, given land to temples and contributed to other charities as well.
However, I find him and his company's decision to flatten the houses of the villagers on Oct 31 to be arrogant, inconsistent with his boasts of being a charitable person and lacking in basic humanity.
It would have taken just less than RM3 million for this rich towkay to permanently settle this issue, but he went on to use his money and might to carry out the forced eviction.
I asked a senior police officer how much the police were paid to assist in the demolition, but he just smiled and told me to refer this to his boss.
In every demolition, money is paid to those carrying out the eviction of the people. The money could have been better spent by compensating the villagers with a better deal.
Until the very end, the people of kampung Hakka were trying out all means to discuss, communicate and settle this issue amicably, but Mega 9 choose the brutal way, the use of force rather than dialogue.
Ng and Mega 9 should not feel that they are now in cloud nine after what they have done. The people are more than determined to fight injustice all the way. They have lost everything and have been humiliated. They have nothing to lose now, except their dignity and the desire to fight back.
We have nine reasons why Mega 9 should not stay in cloud nine. The company should be ashamed of its actions and in this part of my argument, I will touch on the first three reasons we hold. These are:
Reason No 1
The villagers have not exhausted their legal battle. Kampung Hakka has two phases of development, according to Mega 9. The developer started court proceedings for Phase 1, while no court action has started for Phase 2.
In Phase 1, the developer won its case on Aug 26, 2013, but the villagers have appeal the matter in the Court of Appeal, which is yet to give them a date. A decent developer would wait for the courts to dispose of a dispute, but here Mega 9 is only interested to finish off the village before the case is completely disposed of.
The villagers got an interim stay after the developer, on Sept 30, broke down three houses. Thirteen people were also arrested on that day.
The stay application was heard on Oct 17 and on Oct 23, with the decision given in favour of the Mega 9 on Oct 24. This order favouring the developer was not surprising because it was in front of the same judge who granted the developer the eviction order on Aug 26.
The developer used Order 89, which is a summary proceeding and which can only be used when someone trespasses somebody's land.
Here, it is joke because the villagers have been paying quit rent, have TOL licence and have been provided with proper water and electricity supplies.
Therefore, Order 89 cannot be applied here, in a proper justice system. But in this "boleh land" of ours, the developer got this order. How can villagers who stayed longer than the developer ever existed be trespassing on "his" land?
I was told by the police the very next day after the villagers lost the stay order, on Friday, Oct 25, that the developer already wanted to come in and demolish the houses and that Mega 9 was pressuring the police for support.
The police were not very keen after the bad publicity they got from the Sept 30 forced eviction of a number of villagers. Mega 9 kept pressuring the police and the police carried out the eviction again on Oct 31.
Also on the same day, the villagers filed a new stay application with the Court of Appeal in Putrajaya, but the developer's lawyer still wanted to carry on with the eviction. So, if Ng truly is a decent developer, he would have at least allowed the stay application to be heard because the papers were submitted even before the eviction took place.
However it appears that the only objective of Ng and Mega 9 was to evict the villagers and destroy the village at all costs. We were told by our lawyers that the developer should have given the villagers a five-day notice after winning the stay order. But Mega 9 did not do so.
The sad part was that after the villagers obtained a stay order from the counrt in Putrajaya in the afternoon and immediately informed the developer's lawyer on this, they were told that it was too late - that Mega 9 had carried out on the eviction.
Here the entire police force, the bailiff, the developer's lawyer and Ng himself are all guilty of not allowing time for the stay order of the villagers to be heard. They were all informed about the court action, but they wanted to finish the off the village before the appellate court hearing.
Reason No 2
Ng is not interested in negotiating with the villagers. Many attempts were made to negotiate with Ng and Mega 9. Among the groups involved was Human Rights Commission Suhakam, which felt that the housing rights of the villagers has been violated.
Suhakam also wanted the Negeri Sembilan state government to intervene and stop the eviction. State opposition leader Anthony Loke (right) of the DAP said he called Ng four times but he did not take the calls.
Negeri Sembilan State Secretary Mat Ali Hassan had on Oct 21 said he would call both parties for negotiations on the dispute.
However, we were told on Oct 30 that Mat Ali would be meeting with the Mega 9 owners on the afternoon of the next day.
However, the houses were demolished on the morning of Oct 31. The Negeri Sembilan Chinese Assemby Hall and other people influential within the Hakka community also tried to negotiate in the matter - and it has been made clear now Mega 9 and Ng were in no negotiation mood.
Reason No 3
Why demolish the community hall of the village? What was tragic was also the decision of Ng and Mega 9 to demolish the community hall of the Old Boys' Association of Chi Chi. Was it because this was the place where the local community used to meet up and discuss their plans?
Six DAP MPs and state reps were arrested inside this historic building. We were then discussing the demolition of the three houses in Kampung Hakka decided to get the occupants houses temporarily in this community hall.
Perhaps the news reached the developer and he had decided to tear down that structure as well. Many members of the old boys' association were not happy. They were not even aware of any notice given for the demolition of the hall.
So, what was the real reason for Ng and Mega 9 to demolish the community hall? The hall would have also have been used by those facing eviction under Phase 2...
It was the police, not the developer, who broke the grille to this building. So much for the police for declaring that they were there in Kampong Hakka only to maintain peace.
Tomorrow: Part 2 - More reasons why Mega 9 should not be in cloud nine
Ng (left) claims that he has made many donations, given land to temples and contributed to other charities as well.However, I find him and his company's decision to flatten the houses of the villagers on Oct 31 to be arrogant, inconsistent with his boasts of being a charitable person and lacking in basic humanity.
It would have taken just less than RM3 million for this rich towkay to permanently settle this issue, but he went on to use his money and might to carry out the forced eviction.
I asked a senior police officer how much the police were paid to assist in the demolition, but he just smiled and told me to refer this to his boss.
In every demolition, money is paid to those carrying out the eviction of the people. The money could have been better spent by compensating the villagers with a better deal.Until the very end, the people of kampung Hakka were trying out all means to discuss, communicate and settle this issue amicably, but Mega 9 choose the brutal way, the use of force rather than dialogue.
Ng and Mega 9 should not feel that they are now in cloud nine after what they have done. The people are more than determined to fight injustice all the way. They have lost everything and have been humiliated. They have nothing to lose now, except their dignity and the desire to fight back.
We have nine reasons why Mega 9 should not stay in cloud nine. The company should be ashamed of its actions and in this part of my argument, I will touch on the first three reasons we hold. These are:
Reason No 1
The villagers have not exhausted their legal battle. Kampung Hakka has two phases of development, according to Mega 9. The developer started court proceedings for Phase 1, while no court action has started for Phase 2.
In Phase 1, the developer won its case on Aug 26, 2013, but the villagers have appeal the matter in the Court of Appeal, which is yet to give them a date. A decent developer would wait for the courts to dispose of a dispute, but here Mega 9 is only interested to finish off the village before the case is completely disposed of. The villagers got an interim stay after the developer, on Sept 30, broke down three houses. Thirteen people were also arrested on that day.
The stay application was heard on Oct 17 and on Oct 23, with the decision given in favour of the Mega 9 on Oct 24. This order favouring the developer was not surprising because it was in front of the same judge who granted the developer the eviction order on Aug 26.
The developer used Order 89, which is a summary proceeding and which can only be used when someone trespasses somebody's land.
Here, it is joke because the villagers have been paying quit rent, have TOL licence and have been provided with proper water and electricity supplies.
Therefore, Order 89 cannot be applied here, in a proper justice system. But in this "boleh land" of ours, the developer got this order. How can villagers who stayed longer than the developer ever existed be trespassing on "his" land?I was told by the police the very next day after the villagers lost the stay order, on Friday, Oct 25, that the developer already wanted to come in and demolish the houses and that Mega 9 was pressuring the police for support.
The police were not very keen after the bad publicity they got from the Sept 30 forced eviction of a number of villagers. Mega 9 kept pressuring the police and the police carried out the eviction again on Oct 31.
Also on the same day, the villagers filed a new stay application with the Court of Appeal in Putrajaya, but the developer's lawyer still wanted to carry on with the eviction. So, if Ng truly is a decent developer, he would have at least allowed the stay application to be heard because the papers were submitted even before the eviction took place.
However it appears that the only objective of Ng and Mega 9 was to evict the villagers and destroy the village at all costs. We were told by our lawyers that the developer should have given the villagers a five-day notice after winning the stay order. But Mega 9 did not do so.The sad part was that after the villagers obtained a stay order from the counrt in Putrajaya in the afternoon and immediately informed the developer's lawyer on this, they were told that it was too late - that Mega 9 had carried out on the eviction.
Here the entire police force, the bailiff, the developer's lawyer and Ng himself are all guilty of not allowing time for the stay order of the villagers to be heard. They were all informed about the court action, but they wanted to finish the off the village before the appellate court hearing.
Reason No 2
Ng is not interested in negotiating with the villagers. Many attempts were made to negotiate with Ng and Mega 9. Among the groups involved was Human Rights Commission Suhakam, which felt that the housing rights of the villagers has been violated.
Suhakam also wanted the Negeri Sembilan state government to intervene and stop the eviction. State opposition leader Anthony Loke (right) of the DAP said he called Ng four times but he did not take the calls. Negeri Sembilan State Secretary Mat Ali Hassan had on Oct 21 said he would call both parties for negotiations on the dispute.
However, we were told on Oct 30 that Mat Ali would be meeting with the Mega 9 owners on the afternoon of the next day.
However, the houses were demolished on the morning of Oct 31. The Negeri Sembilan Chinese Assemby Hall and other people influential within the Hakka community also tried to negotiate in the matter - and it has been made clear now Mega 9 and Ng were in no negotiation mood.
Reason No 3
Why demolish the community hall of the village? What was tragic was also the decision of Ng and Mega 9 to demolish the community hall of the Old Boys' Association of Chi Chi. Was it because this was the place where the local community used to meet up and discuss their plans?
Six DAP MPs and state reps were arrested inside this historic building. We were then discussing the demolition of the three houses in Kampung Hakka decided to get the occupants houses temporarily in this community hall. Perhaps the news reached the developer and he had decided to tear down that structure as well. Many members of the old boys' association were not happy. They were not even aware of any notice given for the demolition of the hall.
So, what was the real reason for Ng and Mega 9 to demolish the community hall? The hall would have also have been used by those facing eviction under Phase 2...
It was the police, not the developer, who broke the grille to this building. So much for the police for declaring that they were there in Kampong Hakka only to maintain peace.
Tomorrow: Part 2 - More reasons why Mega 9 should not be in cloud nine
S ARUTCHELVAN is a seasoned activist and secretary-general of Parti Sosialis Malaysia (PSM). He was arrested twice during the forced eviction of the Kampung Hakka residents.
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