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Paul Yong Choo Kiong

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Paul Yong Choo Kiong
杨祖強
Member of the
Perak State Executive Council
(Housing and Local Government, Public Transport, Non-Muslim Affairs and New Villages)
In office
19 May 2018 – 10 March 2020
Suspended : 24 August 2019 – 15 November 2019
MonarchNazrin Shah
Menteri BesarAhmad Faizal Azumu
Preceded byRusnah Kassim
(Housing, Local Government)
Mah Hang Soon
(Public Transport, Non-Muslim Affairs, New Villages)
Succeeded byNolee Ashilin Mohamed Radzi
(Housing, Local Government)
Mohd Zolkafly Harun
(Public Transport)
Ahmad Faizal Azumu
(Non-Muslim Affairs, New Villages)
ConstituencyTronoh
Member of the Perak State Legislative Assembly
for Tronoh
In office
5 May 2013 – 19 November 2022
Preceded bySivakumar Varatharaju
(PRDAP)
Succeeded bySteven Tiw Tee Siang
(PH–DAP)
Majority6,191 (2013)
10,501 (2018)
Personal details
Born
Paul Yong Choo Kiong

(1970-09-23) 23 September 1970 (age 54)
Sitiawan, Perak, Malaysia
CitizenshipMalaysian
NationalityMalaysia
Political partyDemocratic Action Party (DAP)
(2004–2020)
Malaysian United Indigenous Party (BERSATU)
(2021–2022)
Parti Bangsa Malaysia (PBM)
(since 2022)
Other political
affiliations
Pakatan Rakyat (PR)
(2008–2015)
Pakatan Harapan (PH)
(2015–2020)
Perikatan Nasional (PN)
(2021–2022)
ChildrenBryan Yong Wu Sean (son)
Residence(s)Ipoh, Perak, Malaysia
Alma materAkamai University
OccupationPolitician
Paul Yong Choo Kiong on Facebook

Paul Yong Choo Kiong (Chinese: 杨祖強; pinyin: Yáng Zǔqiáng; Pe̍h-ōe-jī: Iûⁿ Cho͘-kiông; born 23 September 1970), is a Malaysian politician and convicted rapist who served as[1] Member of the Perak State Executive Council (EXCO) in the Pakatan Harapan (PH) state administration under former Menteri Besar Ahmad Faizal Azumu from May 2018 to the collapse of the PH state administration in March 2020 and Member of the Perak State Legislative Assembly (MLA) for Tronoh from May 2013 to November 2022. He is a member of the Parti Bangsa Malaysia (PBM) and was a member of the Malaysian United Indigenous Party (BERSATU), a component party of the Perikatan Nasional (PN) coalition and the Democratic Action Party (DAP), a component party of the PH and formerly Pakatan Rakyat (PR) coalitions.[2][3]

On 7 December 2021, the High Court ordered Paul Yong to enter his defence for the charge of raping his former Indonesian maid two years ago.[4] He was found guilty of the offence on 27 July 2022 and was sentenced to 13 years of jail and two lashes of cane.[5] On 1 March 2024, his conviction was upheld by the Court of Appeal. His two strokes of cane stayed but his jail term was reduced from 13 to eight years.[6]

Personal life

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Paul Yong Choo Kiong was born in Sitiawan, Perak. His family were settlers of the new village program introduced during the British rule of Malaya.[7]

Education and professional career

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Yong received his education from SJKC Pei Min Ayer Tawar, and subsequently from SMK Ambrose, Ayer Tawar as well as Nan Hua High School of Ayer Tawar. He also obtained a master's degree in Business Administration from a correspondence University name Akamai,[8] although pronounced by opposition politician Wee Ka Siong that the degree obtained by Yong is a part of a degree mill.[9]

Political career

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Entering politics in 2004, Yong quickly became the Political Secretary to Ngeh Koo Ham in the Sitiawan Branch of DAP.[10] Yong stood as the State Assemblyman candidate in the 2013 Perak state election (2013 Malaysian general election), and won in the state seat of Tronoh in Perak. As the incumbent, Yong retained the seat in the 2018 Perak state election (2018 Malaysian general election (GE14)), beating his closest rival Yuen Chan How, from MCA, by 10,501 votes. With his win in the GE14, he was appointed a Perak state Exco member, serving in the PH state government under Chief Minister (Menteri Besar), Ahmad Faizal Azumu.[11]

After his guilty verdict, Yong announced he would take a break from politics and resigned from all his party positions in PBM, to focus on his sentence appeal. His position as MLA for Tronoh however was not revoked by the verdict, as his sentence appeal is still in process.[12] Yong's decision meant that he did not participate in the 2022 Malaysian general election, and did not defend his Tronoh seat in the 2022 Perak state election.

Controversies and issues

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Accused of rape

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In August 2019, it was arraigned in Ipoh Sessions Court under Section 376 of the indictment on the charge of Yong raping his maid in a room on the top floor of Meru Road 2, Meru Village Park, between 8.15 and 9.15 pm on 7 July 2019. Allegations first arose around early July[13] and despite having police investigations returned, it was resubmitted to the Attorney General Chambers for charges,[14] resulting in Yong being charged in the Ipoh Sessions Court for rape of his house-helper.[15] It then emerged that there was 'third party' involvement[16] and Ngeh Koo Ham publicly saying that he had met the person who was paid to make the police report along with the house-helper.[17] Despite an official request from the legal defense team to expedite the case and have it transferred to the high court for a faster hearing, the high court denied the transfer, requesting it be heard in the sessions court instead.[18][19] The victim was kept under the witness protection act at the Indonesian Embassy of Kuala Lumpur, and despite pleas from the mother of the victim,[20] was denied visitation rights while during case management, the defense had also appealed to the prosecution to withdraw the case, citing the chemist's report that indicated no traces of his DNA was ever found on clothing items, as well as in bodily fluids of the swab from the alleged victim, but the prosecution claimed that they had other testimonies that could link Yong to the charge.[21]

Third Party Involvement

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Yong opted to go on leave when pressure was stepped up calling for him to take leave-of-absence[22] despite earlier rejecting the advice of the Chief Minister (Menteri Besar).[23] Although he did proceed with the leave-of-absence, Yong returned to duty at the Perak State Legislative Assembly seating between 16 and 22 November.[24] It was then alleged that Perak DAP chairman Nga Kor Ming was overheard in a recording chiding Yong for his initiative to return to work, further compounding the rumour that 'black hands' were behind the accusation.[25] Allegations emerged during Yong's appearance in court when a few hundred of his supporters emerged to call for the resignation of Nga.[26]

Urges of calm and support

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Despite his defense claim and emergence of third party involvement, Yong released a press statement urging his supporters to continue their support of the party and its leaders.[27] Other developments relating to this included the earlier resignation of two state assemblymen for Malim Nawar, Leong Cheok Keng and Pokok Assam, Leow Thye Yih in protest to Nga's statement of Party's decision on Yong's fate rather than the Party's state committee. However both then relented and returned to the state committee on Yong's continued appeal.[28] Both were then denied reinstatement[29] with Nga publicly rebutting 'members who fail to toe party's line'[30]

House broken into

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On 5 November 2019, Yong reported that his house was broken into while he was away on business, resulting in the loss of important documents as well as personal property. Oddly, the room in which his former house-helper stayed in was left locked and untouched.[31] The police confirmed that there was indeed a break in at Yong's house, and while two safe-boxes containing documents and valuables were taken, neither his high powered motorcycle, 60-inch TV nor other expensive items were taken.[32]

Some News Publications of the Evidences and Testimonies during the Rape Trial

On 5 April 2021, in the beginning of the trial, the Public Prosecutor said in his opening statement that medical expert would be called to prove the rape took place, and that the Prosecution would also present evidence on sexual harassment before the rape took place, such as hugging and molest.[33]

On 12 July 2021, the trial judge was told by the police investigating officer that 8 spots believed to be semen stains were found on a mattress cover. He said among the items taken from the incident scene were a mop, a man’s grey underwear, clothing, a pair of blue shorts, a pink underwear and a pair of blue bra.[34]

The Investigation Officer also told the Court that the victim had mopped semen stains off the floor. That is why they took the mop for investigation.[35]

However, on 17 August 2021, when the Chemist gave evidence, it was reported that no traces of semen were detected on the clothing, mop or mattress sent for analysis.[36]

On 7 December 2021, the trial judge ruled that the Prosecution has proven a prima facie case against Yong and ordered Yong to enter his defence. In His Lordship’s ruling, he said 2 elements had been proven by the Prosecution witnesses that the allegation of rape had taken place. The first element was the penetration, as evidence was given by an obstetrician and gynaecologist that a fresh abrasion to the victim’s posterior fourchette caused by the possibility of penetration by a blunt object or organ. The Second element was that the accused had sex without the victim’s consent and that the victim’s statements were consistent.[37]

Yong’s defence counsel has called 3 witnesses, of which Yong himself testified that it was a political ploy to frame him, while his second witness was his wife (Madam Too Choon Lai), who testified that on that day the 2 of them were together with Yong’s friend at the house, and at all material time, Yong was with his friend (who was not called as a witness) and the wife was only away from the home for 10 minutes with the son for a McDonald’s run, and that the alleged incident could not have taken place in that 10 minutes. Yong’s wife also testified that after Yong’s friend left, they chatted in the kitchen, headed upstairs to shower, had sex, and fell asleep.Yong’s wife also refuted Prosecution’s suggestion that her testimony was merely a cover-up to save her husband.

When Yong’s defence counsel asked her to explain why she had shot down Prosecution’s suggestion, Yong’s wife replied, “I did not agree because I’m here today to tell the truth and I would not side with my husband if he had committed any act which is wrong in the eyes of the law.”[38]

Guilty verdict

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On 27 July 2022, Yong was sentenced to 13 years’ jail and two strokes of caning by the High Court. Judge Datuk Abdul Wahab Mohamed handed down the sentence on Yong, after finding that the defence had failed to raise reasonable doubt at the end of its case.However, the court allowed Yong’s application for a stay of execution pending appeal.

When delivering the guilty verdict, the High Court Judge said that the court had found the victim to be credible and honest, adding that her testimony was convincing. In contrast, the Judge said the defence witnesses’ testimonies appeared to have elements of afterthoughts. “Also the point raised about a political ploy against the accused cannot be proved by the defence team,” he said.[39]

Election results

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Perak State Legislative Assembly[40][41][42][43][44][45]
Year Constituency Candidate Votes Pct Opponent(s) Votes Pct Ballots cast Majority Turnout
2013 N33 Tronoh Paul Yong Choo Kiong (DAP) 13,243 64.10% Yip Sze Choy (MCA) 7,052 34.20% 20,646 6,191 76.80%
2018 Paul Yong Choo Kiong (DAP) 15,061 74.20% Yuen Chan How (MCA) 4,560 16.90% 20,299 10,501 75.40%
Andy Chin Kwai Heng (PSM) 333 1.20%

References

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  1. ^ "YB Paul Yong Choo Kiong". mykuasa.org. 2015. Retrieved 5 December 2019.
  2. ^ Zahratulhayat Mat Arif (5 March 2020). "Tronoh and Buntong assemblymen now with Bersatu". New Straits Times. Retrieved 10 March 2020.
  3. ^ Zahratulhayat Mat Arif (9 March 2020). "Three Perak assemblymen declare themselves independent". New Straits Times. Retrieved 10 March 2020.
  4. ^ Bunyan, John (7 December 2021). "Court calls for Paul Yong's defence over rape of Indonesian maid". www.malaymail.com.
  5. ^ Kaur, Manjir (27 July 2022). "Paul Yong rape case: You should be protecting victim, says judge to Tronoh rep". The Star.
  6. ^ "Ex-Tronoh rep Paul Yong's rape conviction stays". The Star. 1 March 2024. Retrieved 1 March 2024.
  7. ^ Perak, Suara (May 2018). "Lima Portfolio YB Paul Yong". Suara Perak. Retrieved 5 December 2019.
  8. ^ Perak, Suara (May 2018). "Lima Portfolio YB Paul Yong". Suara Perak. Retrieved 5 December 2019.
  9. ^ Ka Siong, Wee (9 February 2019). "Kilang Ijazah". Facebook. Retrieved 5 December 2019.
  10. ^ Koo Ham, Ngeh (1 August 2008). "Political Secretary". ngehkooham.blogspot.com.
  11. ^ Loh, Ivan (20 May 2019). "Perak State Exco Sworn In". The Star Publication. Retrieved 5 December 2019.
  12. ^ Sufian Suri, Muhammad Zulsyamini (3 August 2022). "Paul Yong masih lagi Adun Tronoh". Harian Metro (in Malay). Retrieved 23 July 2023.
  13. ^ KiniTV, Malaysiakini (9 July 2019). "Police Investigating Perak EXCO member over rape allegations". Retrieved 5 December 2019.
  14. ^ National News Agency, Bernama (19 August 2019). "Malay Mail". Retrieved 5 December 2019.
  15. ^ Mat Arif, Zahratulhayat (24 September 2019). "Paul Yong Rape Trial". New Straits Times. Retrieved 5 December 2019.
  16. ^ Kaur, Minderjeet (23 August 2019). "Power struggle with federal DAP leaders led to rape report in Perak".
  17. ^ Loh, Ivan (22 August 2019). "Ngeh:Man paid RM100k to take maid to lodge rape report against Paul Yong".
  18. ^ Kaur, Manjit (26 November 2019). "High Court denies Paul Yong rape case transfer request". The Star.
  19. ^ "Paul Yong's rape trial begins at Ipoh High Court". The Star. 5 April 2021.
  20. ^ kinitv, Malaysiakini (11 October 2019). "Mother, lawyer seek to meet rape victim in Indonesian embassy safehouse". Malaysiakini.
  21. ^ Staronline, The (22 October 2019). "Paul Yong's lawyers call for prosecution to withdraw rape charge". The Staronline. Retrieved 6 December 2019.
  22. ^ Loh, Ivan (25 August 2019). "Paul Yong Takes Leave". The Star.
  23. ^ Kinitv, Malaysiakini (23 August 2019). "Paul Yong refuses to go on leave despite MB's advice". Malaysiakini.
  24. ^ Reporters, FMT (17 November 2019). "Rape Accused EXCO Paul Yong defends decision to return to work". Free Malaysia Today.
  25. ^ Kaur, Manjit (17 November 2019). "Audio Clip of DAP leader criticising Paul Yong for resuming duties go viral". The Star.
  26. ^ kinitv, Malaysiakini (24 September 2019). "Drama at EXCOs Rape Case, Protest against Nga, lawyer claims maid 'political pawn'". Malaysiakini.
  27. ^ Loh, Ivan (21 November 2019). "Paul Yong ureges supporters to support Perak DAP Leadership". The Star.
  28. ^ Loh, Ivan (23 November 2019). "Two Perak DAP Reps who quit party posts rejoins committee". The Star.
  29. ^ Loh, Ivan (25 November 2019). "Fire Still Burning in Perak DAP". The Star.
  30. ^ Loh, Ivan (24 November 2019). "No quarter for DAP members who fail to toe the party line". The Star.
  31. ^ Kaur, Manjit (5 November 2019). "Important Documents Stolen from State Reps House". The Star.
  32. ^ Loh, Ivan (9 December 2019). "Cops Say Break In at Paul Yong's House Genuine". The Star. Retrieved 9 December 2019.
  33. ^ "Paul Yong's rape trial begins at Ipoh High Court". The Star. Retrieved 19 August 2022.
  34. ^ "Paul Yong rape case: IO tells High Court semen stains found on bedsheet, floor". 12 July 2021.
  35. ^ "Paul Yong rape trial: Maid claims she mopped semen stains off bedroom floor". 13 July 2021.
  36. ^ "Paul Yong rape trial: No semen stains found on clothing, mop and mattress, court told". 16 August 2021.
  37. ^ "Paul Yong ordered to enter defence in rape trial". 7 December 2021.
  38. ^ "Tronoh assemblyman Paul Yong tells his rape trial: 'I'm the victim of a political ploy'". Borneo Post Online. 16 March 2022. Retrieved 19 August 2022.
  39. ^ Bunyan, John (27 July 2022). "Perak rep Paul Yong gets 13 years' jail and whipping for raping former Indonesian domestic helper". Malay Mail. Retrieved 19 August 2022.
  40. ^ "Malaysia General Election". undiinfo Malaysian Election Data. Malaysiakini. Retrieved 4 February 2017. Results only available from the 2004 election.
  41. ^ "KEPUTUSAN PILIHAN RAYA UMUM 13". Sistem Pengurusan Maklumat Pilihan Raya Umum (in Malay). Election Commission of Malaysia. Retrieved 24 March 2017.
  42. ^ "my undi : Kawasan & Calon-Calon PRU13 : Keputusan PRU13 (Archived copy)". www.myundi.com.my. Archived from the original on 31 March 2014. Retrieved 9 April 2014.
  43. ^ "Keputusan Pilihan Raya Umum ke-13". Utusan Malaysia. Archived from the original on 21 March 2018. Retrieved 26 October 2014.
  44. ^ "SEMAKAN KEPUTUSAN PILIHAN RAYA UMUM KE – 14" (in Malay). Election Commission of Malaysia. Retrieved 17 May 2018. Percentage figures based on total turnout.
  45. ^ "The Star Online GE14". The Star. Retrieved 24 May 2018. Percentage figures based on total turnout.

38. https://www.theedgemarkets.com/article/tronoh-assemblyman-paul-yong-gets-13-years-jail-whipping-raping-maid

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