The Malaysian High Court delivers a landmark decision in championing OKU rights. Photo: Filepic
On Jan 16, the Malaysian High Court delivered a landmark judgement championing the rights of the disabled community.
Justice Quay Chew Soon ruled in favour of 32-year-old Ch’ng B'ao Zhong, a counsellor who was denied a permanent position in the public sector due to his disability record.
This decision represents a major stride towards upholding equality and non-discrimination under Article 8(1) of the Federal Constitution.
Ch'ng, who holds a Master's degree in counselling psychology, began his career in 2020 as a contract counsellor with the Health Ministry (MoH) at the Daya Barat district health office, Penang.
Counselling psychologist Ch’ng B’ao Zhong. Photo: LinkedInOver the years, he has provided over 2,000 hours of counselling to more than 1,000 patients.
In 2021, he applied for a permanent position as a psychology officer. Despite meeting all the academic and screening criteria, he was not selected after the interview. The following year, Ch'ng was issued an orang kurang upaya (OKU) card, recognising his diagnosis of autism spectrum disorder (ASD), Level 1 – a condition that does not impact his work performance.
In 2022, he updated his OKU status on the government’s employment portal, the Sistem Pendaftaran Pekerjaan Suruhanjaya Perkhidmatan Awam (SPA).
When a similar vacancy arose in December 2023, he reapplied. However, the SPA portal stated that he did not meet the academic requirements, a claim inconsistent with his qualifications.
Repeated attempts to clarify this discrepancy with the SPA Human Resources Department revealed a troubling response: He was verbally informed that his OKU status was the reason for his exclusion.
Aggrieved, he sought justice through a judicial review, challenging the SPA's decision as a violation of his constitutional rights and Section 29 of the Persons with Disabilities Act, 2008, which guarantees equal access to employment.
Read more: Malaysian Bar Council advocates for legal reforms to give the disabled a fair future
Justice Quay has ruled decisively in Ch'ng’s favour, declaring the breach of Article 8(1) of the Federal Constitution.
The court has issued several key orders: the SPA and Government must ensure that any OKU applicant for public sector employment is treated fairly and in accordance with the law; the decision to reject Ch'ng’s application, communicated on Feb 8, 2024, is revoked; Ch'ng must be granted an online interview and a psychometric examination for the position of psychology officer; the SPA and the Government must ensure that he is not discriminated against in any future applications.
The Harapan OKU Law Reform Group says this case underscores the urgent need for Malaysia to strengthen its legal framework to protect the rights of persons with disabilities.
"The comprehensive reform of the Persons with Disabilities Act 2008, is essential to align it fully with the Convention on the Rights of Persons with Disabilities (CRPD). All Malaysians with disabilities have a legitimate right to, and expectation of, not being discriminated against," the statement said.
"Ch'ng's courage in challenging systemic discrimination has set a precedent for disability justice in Malaysia. His legal team, led by Surendra Ananth, provided unwavering support, and the Malaysian Bar, represented by Shahareen Begum, played a vital role as amicus curiae. This decision is a beacon of hope for the OKU community and a step toward a more inclusive Malaysia," they said.
