GEORGE TOWN, Sept 15 — The Penang Island City Council (MBPP) has issued a show-cause letter to the owner of the land where the 138-year-old tomb of Foo Teng Nyong, the third wife of Kapitan Cina Chung Keng Kwee, was located.

The city council issued a notice of non-compliance of the conditions stipulated under the exhumation permit to the landowner after the tomb was exhumed and demolished.

The exhumation and demolition of the tomb took place on August 28 and its remnants were found discarded at the Jelutong landfill earlier this month.

According to MBPP, the landowner had applied for an exhumation permit and the permit was issued on March 18 this year subject to conditions.

Among the conditions stated in the permit was that the landowner must notify the MBPP of the exhumation date at least 10 days in advance and the exhumation works must be conducted under supervision of an officer from the city council.

"The applicant has failed to comply with the conditions in the permit, whereby they had conducted the exhumation works on August 28 without notifying the city council and without supervision by a city council officer,” said the city council in a statement issued by its corporation communications and public relations department.

Due to the non-compliance to the conditions set under the exhumation permit, the landowner was issued a notice and show-cause letter on September 8 in accordance with Section 97 (2) of the Local Government Act 1976.

The landowner is required to respond to the show-cause letter within seven days from the date of the notice.

"Further action, including prosecuting the landowner in court, will be taken if the landowner fails to comply with the notice of non-compliance and show case letter,” it said.

The city council also confirmed that the landowner did not submit any planning permission application, thus no planning permission was approved for any development on the site.

Foo and Chung’s great grandson, Jeffery Seow, had appealed to the Penang Heritage Council to protect Foo’s tomb from demolition early this year after the landowner published a notice of exhumation in the newspapers.

He criticised the local authorities for the lack of action in protecting the tomb from demolition.

"How does Penang honour and give thanks to the man known as the greatest philanthropist of his age, who gave so much to Malaya and to Penang? We allow the 138-year-old grave he built for his wife to be desecrated and destroyed and her remains to be unceremoniously dumped in a pauper’s grave in Batu Gantong!” he had posted on his Facebook recently.

He had also demanded that the authorities require the landowner to restore the tomb and for Foo’s remains to be re-interred in the original site.

He called on the state government to gazette Foo’s tomb as a heritage site, while at the same time, also take action to gazette the land and tomb of Chung Thye Phin, Foo’s son, nearby as a heritage site.

Penang Heritage Trust’s Khoo Salma had labelled the exhumation and demolition as "vandalism of the highest order”.

She pointed out that Foo was also the mother of Chung Thye Phin, another historical figure of importance in Penang and Perak.

"Is this how Penang with its Unesco sites treats its heritage? The remains of Madam Foo deposited at Batu Gantong, the carved stones of her grave in Jelutong dumpsites and whither her precious jewellery?” she asked.

Foo was one of Chung Keng Quee’s (also known as Chung Keng Kwee) many wives and she was the mother of Chung Siew Ying, Chung Thye Phin and Chung Thye Chong.

She was the aunt of Foo Choo Choon, who was known as the Tin King of Malaya, and it was believed that she was instrumental in securing a job for Choo Choon in her husband’s mines which jump-started Choo Choon’s career in tin mining.

Chung Keng Quee was the largest tin mine owner and employer of labour in Malaya. In 1887, he was the largest tin producer in Perak.

He was dubbed as the founder and administrator of modern Taiping and was appointed as Kapitan China by the British in 1877.

His and Foo’s son, Chung Thye Phin, served in the Perak State Council till 1927 and was also known as the last Kapitan Cina of Perak.

Foo Teng Nyong died in 1884 so the grave is essentially older than Hye Kee Chan, now known as Pinang Peranakan Mansion, at 29, Church Street which is protected within the Unesco World heritage site.