THE motion by Padungan assemblyman Chong Chieng Jen seeking to reverse a Deputy Speaker Datuk Idris Buang’s ruling and reinstate expunged remarks in the Sarawak Legislative Assembly (DUN) Hansard was dismissed today (May 18) by DUN Speaker Tan Sri Datuk Amar Asfia Awang Nassar.
In delivering his ruling, Asfia upheld the earlier decision by the Deputy Speaker to expunge parts of Chong’s speech delivered during the debate on the motion of thanks for the Head of State’s address on May 14.
“Motion is dismissed. This ruling by the Deputy Speaker is upheld,” he said.
Chong had tabled a private motion concerning references he made to an individual among 21 persons arrested and charged in court for alleged involvement in organised criminal groups, as well as the individual’s alleged association with leaders of the Sarawak United People’s Party (SUPP).
He argued that the Deputy Speaker’s ruling to remove parts of his speech from the Hansard was against the spirit of parliamentary democracy and freedom of speech for elected representatives.
He claimed the matter had already been widely reported by the media nationwide and involved issues of public interest, including the use of the Security Offences (Special Measures) Act 2012 (SOSMA).
However, Asfia ruled that the motion could not proceed on several grounds, including procedural non-compliance, sub judice concerns and contempt of the House.
He said the notice of motion should not have been raised before the order of the day had commenced, citing Standing Order 12 which gives precedence to government business over private members’ business.
Asfia further pointed out that the individuals mentioned had already been charged in court on May 15, making the matter sub judice under Standing Order 32(2).
“At the material time, the case is sub judice and they are yet to be proven guilty beyond reasonable doubt,” he said.
He also ruled that the repeated references made by Chong during the motion had to be expunged for consistency with the earlier Deputy Speaker’s ruling.
Asfia added that parts of the motion were in breach of Standing Order 32(6), which prohibits members from imputing improper motives or making allegations that cannot be substantiated.
He said paragraphs six, seven and eight of the motion, when read as a whole, cast “dark expressions and criminal allegations” against the August House.
“In particular, paragraph seven stated that the August House is condoning and endorsing such illegal activity by attempting to cover up the matter. This motion is in contempt of the Dewan,” he said.
Asfia also ruled that Chong had incorrectly relied on Standing Order 23(2)(p) as the motion effectively sought a review of the Deputy Speaker’s decision, which should instead be brought under Standing Order 39 requiring two days’ notice.
“Two days’ notice have not been given,” he said, adding that parliamentary practice guidelines generally limit motions for debate to 250 words, whereas Chong’s motion contained 648 words.
