The Kuala Lumpur High Court heard today that the four defendants named by Communist Party of Malaya (CPM) veteran Chin Peng have yet to file their affidavits of defence.

The court, presided by Justice Md Raus Sharif, then fixed Aug 28 as the new date for the hearing.

Chin Peng's homecoming case was first filed with the Penang High Court on March 4 last year.

The four defandants named by Chin Peng are the government of Malaysia, home affairs minister, inspector-general of police and chief of defence forces. They were represented by two senior federal counsel.

Representing Chin Peng today were Penang's Darshan Singh Khaira (right) and Ipoh's Chan Kok Keong.

According to Chan, Chin Peng has also filed another application for him to be allowed to enter Malaysia temporarily to attend the hearing of his case as a litigant.

The 1989 Peace Accords, he spelt out, clearly provides for the entry of CPM members residing outside Malaysia for visit even though they have never been citizens.

In their memoirs, CPM veterans Abdullah CD, Rashid Maidin, Suriani Abdullah aka Eng Ming Ching and Abu Samah Mohd Kassim write about their visits to Malaysia in 1990s. Some other veterans like Ibrahim Chik now lives in Malaysia.

The peace accords

Last year, Chin Peng also filed another application alleging the government to be in breach of the 1989 Peace Accords by making public statements that are against the spirit and letters of Item 1.2 of the 'Administrative Arrangements Between The Government Of Malaysia And The Communist Party Of Malaya Pursuant To The Agreement To Terminate Hostilities'.

The agreement stipulates that: "All press statements issued by either Party thereafter shall be in the spirit of the Agreement and shall not contain any slanderous terms such as 'mass surrender' and 'capitulation' "

Together with the 'Agreement Between The Government Of Malaysia And The Communist Party Of Malaya To Terminate Hostilities', the administrative arrangement constitute what is generally or popularly known as the 1989 Peace Accords.

The Agreement Between The Government Of Malaysia And The Communist Party of Malaya To Terminate Hostilities were signed for and on behalf of the government of Malaysia by (a) Wan Sidek Wan Abdul Rahman as secretary-general of the Ministry of Home Affairs, (b) General Hashim Mohd Ali as chief of defence forces, and (c) Mohd Haniff Omar as inspector general, Royal Malaysia Police; while the signatories of the CPM were (d) Ong Boon Hua @ Chin Peng as secretary-general, (e) Abdullah CD as chairman and (f) Rashid Maidin as central committee member.

The Administrative Arrangement were signed for and on behalf of the government of Malaysia by (a) Abdul Rahim Mohd Noor as deputy inspector-general, Royal Malaysia Police and (b) Zulkifli Abdul Rahman as director of Special Branch, Royal Malaysia Police, while the CPM's signatories were (c) Ong Boon Hua @ Chin Peng as secretary-general and (d) Rashid Maidin as central committee member.