PUTRAJAYA, MALAYSIA - Chin Peng has to produce his birth or citizenship certificates to enter and live in Malaysia. The Court of Appeal, in dismissing with costs an appeal yesterday by the former Malayan Communist Party secretary-general, said the onus was on Chin Peng to produce those documents to the authorities.

"Chin Peng's documents are required in order to ascertain the issues of Malaysian citizenship or Malaysian origin," said Datuk Abdul Malik Ishak in his judgment.

Judges Datuk Low Hop Bing and Datuk Sulaiman Daud, who heard the appeal with Abdul Malik on April 23, concurred with the judgment.

Abdul Malik said these documents were important to determine the status of Chin Peng.

"The failure by Chin Peng to produce documents sought by the government (respondent) for inspection was fatal."

The judge said Chin Peng had reiterated in his affidavit that he was born in Sitiawan, Perak, at his parents' shophouse in October 1924, his birth was registered and he possessed a copy of his birth certificate.

According to him, a copy of the birth certificate was placed in the pocket of the suit he abandoned at the Tong Ching bungalow, outside Kampar, on the evening of June 16, 1948, where he narrowly escaped capture by a British-led police raid.

He claimed the police had seized his belongings, including his birth certificate.

The judge said according to Chin Peng, the details of the raid could be found in his published memoirs entitled Alias Chin Peng - My Side of the Story.

"With respect, what is written in Chin Peng's memoirs cannot be accepted as gospel truth. The bottom line is: Where are your documents?" Abdul Malik said.

On March 4, 2005, Chin Peng, also known as Ong Boon Hua, sought a declaration that he be given the right to enter and stay in Malaysia and that the government complied with the terms of the 1989 peace accord signed with the CPM.

He also sought an order from the court to issue him with documents to enter Malaysia.

He had named the Home Affairs Minister, the inspector-general of police, the armed forces chief and the government as defendants.

Chin Peng, 84, is in Thailand where he has been residing since 1989.

Following an application by the defendants, Chin Peng was given 14 days from July 31 last year to produce the documents.

He failed to do so and the High Court dismissed the application.

Chin Peng's counsel, Raja Aziz Addruse, had submitted before the Court of Appeal that it was wrong for the government to compel him to produce the documents because he was entitled to enter and live in Malaysia by virtue of the agreement.

Senior federal counsel Azizah Nawawi replied that the onus was on Chin Peng to produce the documents because he had attested that he had never given up his citizenship and neither was it revoked.