Brothers to appeal against order
Published on: Saturday, May 14, 2016
Kota Kinabalu: Two brothers, Kwan Ngen Wah and Kwan Ngen Chung, whose native certificates were declared invalid by the District Native Court here on May 10, have appealed to the Native Court of Appeal against the ruling. Both were dissatisfied with the ruling of the District Native Court presided by Mayor Datuk Yeo Boon Hai."We strongly believe that our native status will be finally re-affirmed by the Native Court of Appeal since it will be presided by a legally qualified person, namely a High Court Judge.
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"We have also been advised by our lawyers that pending the hearing of our appeal by the Native Court of Appeal, the District Native Court's ruling on May 10 is stayed, and our native status remains valid unless the Native Court of Appeal rules otherwise," both said in a statement, Friday.The statement issued and signed by Kwan Ngen Wah was to clarify and in response to a report in the Daily Express on May 11. It was reported that the Native Court had ruled that the native certificates held by the two brothers, whose parents were born in China, were invalid.Yeo, who sat together with Native Chiefs Karim Ujud and John Anthony, ordered the two respondents –Ngen Wah and Ngen Chung – to return their Native Certificates to the court to be disposed of.
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"Our Anak Negeri Certificates have been variously challenged in the District Native Court of Kota Kinabalu by persons of bad faith and for reasons of business rivalry, using natives as fronts for the challenges."The first of the challenges was brought by one OKK Hassnar B Hj MP Ebrahim. The hearing of this challenge came before the District Native Court of Kota Kinabalu. This District Native Court was presided by a qualified lawyer, namely the previous Mayor of Kota Kinabalu, Datuk Abidin Madingkir.
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"Abidin, acting as the presiding member of the District Native Court of Kota Kinabalu, heard the challenge, considered the evidence and then on Dec 21, 2015 ruled that the challenge of OKK Hassnar B Hj. MP Ebrahim was bad and dismissed, thereby confirming our Native status," Kwan said.Despite the above re-affirmation of their Native status, he said the same District Native Court, now presided by the new Mayor entertained a second challenge by a Julita binti Tinggal to their native status."During the hearing of this second challenge which was called under very short notice, this District Native Court presided by Yeo heard on May 3, this year, the same allegations and facts which had already been raised during the first challenge.Stay up-to-date by following Daily Express’s Telegram channel.
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