KUCHING: The decision by the State Legislative Assembly (DUN) in a 70 to 10 votes in disqualifying Dr. Ting Tiong Choon as an elected member and for him to cease as a member of the Dewan forthwith under Article 17(1)(g) of the State Constitution of Sarawak is within the purview and ambit of the Federal and State Constitutions.
“Article 72(1) of the Federal Constitution states that the validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.
“This is in line with the Judgment in the case of Lim Cho Hock versus Speaker of Perak: The Legislative Assembly is the final arbiter in any question arising as to whether a member of the Legislative Assembly has become disqualified for membership.
“The matters are for the Legislative Assembly to decide and within its exclusive jurisdiction and not for the courts to determine,” stressed DUN Speaker Datuk Amar Mohamad Asfia Awang Nassar in a press conference at new DUN here, yesterday.
He further said that according to Article 19(1) of the State Constitution of Sarawak, it is stated that if any question arises whether the Speaker or a member of DUN has ceased to be qualified for appointment or election as such, the decision of the Dewan shall be taken and shall be final.
Asfia added, reading Article 72 of the Federal Constitution and Article 19 of the State Constitution, it was manifestly clear that the proceedings of the Legislative Assembly is within its exclusive jurisdiction presence and domain and not for the court to determine.
“The Honourable Judge in Perak case said, the doctrine of the separation of powers is a feature of the Malaysian Constitution.
“The separation of powers, in the sense of check and balances within the three branches of government exists and animated the Malaysian Constitution,” said Asfia.
The pertinent provision was Article 17(1)(g) of the State Constitution which stated, subject to the provisions of this Article, a person is disqualified for being elected as an elected member of the DUN if he has voluntarily acquired citizenship of, or exercised rights of citizenship in any country outside the Federation or has made a declaration of allegiance to any country outside the Federation.
“The Assemblyman in question has voluntarily acquired citizenship of Australia; exercised the rights of citizenship of Australia by registering as a voter in Australia and made declaration of allegiance to Australia for example, a country outside the Federation of Malaysia.
“These three requirements must be read disjunctively and not conjunctively,” he explained, adding the moment a Malaysia citizen acquires the citizenship of a foreign country, he immediately forfeits and loses his Malaysian citizenship.
According to him, this was provided under Article 24(1) of the Federal Constitution which stated, if the Federal Government is satisfied that any citizen has acquired by registration, naturalisation or other voluntary and formal act (other than marriage) the citizenship of any country outsude the Federation, the Federal Government may by order deprive that person of his citizenship.
He said, by renouncing his Australian citizenship, the Assemblyman does not reacquire Malaysian citizenship; the renunciation must be made in the Federation of Malaysia that is provided under Article 23(1) of the Federal Constitution.
“Article 23(1) of the Federal Constitution reads that any citizen of or over the age of twenty-one years and of sound mind who is also or is about to become a citizen of another country may renounce his citizenship of the Federation by declaration registered by the Federal Government, and shall thereupon cease to be a citizen,” he pointed out, adding Standing Order 40(10) of the DUN gave the latitude to the Dewan and does not fetter and shackle the Dewan from exercising its rights.
Standing Order 40(10) states, nothing in this Standing Order shall be taken to deprive the Dewan of the power of proceeding against any member according to any resolution of the Dewan.
“The principle of natural justice was upheld. Both Dr. Ting and his leader Chong Chieng Jen were given able opportunities to be heard under the principle of “audi alteram partem”.
“When the mover of the motion Dato Sri Wong Soon Koh and the Speaker asked Dr. Ting directly: “Did you acquire the Australian citizen?”, the answer of yes or no was not forthcoming and the Dewan made the decision.
“To knowingly allow a foreign national to sit as an elected honourable member in the august house, the DUN would flagrantly violate the law of the land is ultra vires the Federal and State Constitutions,” stressed Asfia.
He added, he has informed Chairman of the Election Commission Malaysia by way of a letter dated 16 May 2017 with regard to the disqualification of Dr. Ting as a member of N.74 Pujut whereby the seat is now vacant under Article 21(5) of the State Constitution and for the Election Commission Malaysia to take up necessary action.
“Therefore, I leave this matter in the safe hands of the Election Commission Malaysia for their further necessary action,” he ended.
