KUCHING: The Federal Court (FC) yesterday granted leave of appeal to Sarawak Legislative Assembly (DUN) Speaker Datuk Amar Mohamad Asfia Awang Nassar, and Second Finance Minister Datuk Seri Wong Soon Koh against the decision of the High Court and Court of Appeal regarding the disqualification of Pujut DAP assemblyman Dr Ting Tiong Choon.
The leave of appeal was unanimously granted by a panel of three judges led by Chief Judge of Sabah and Sarawak Datuk Seri David Wong Dak Wah and Federal Court judges Datuk Setia Mohd Zawawi Salleh and Nallini Pathmanathan.
Dr Ting was disqualified as an elected representative on May 12, 2017, under Article 17(1)(g) of the State constitution as he had acquired Australian citizenship.
A ministerial motion was tabled in the State Legislative Assembly by Second Finance Minister Datuk Seri Wong Soon Koh with 70 voting in favour and 10 against.
Following this, Dr Ting challenged the decision of the DUN by filing an Originating Summons in the Kuching High Court.
On June 17, 2017, the Kuching High Court ruled against the decision of DUN Sarawak to dismiss Dr Ting, declaring that his disqualification was unlawful as it had acted outside its constitutional limits.
The High Court ruling was upheld by the Court of Appeal on July 13 last year.
According to Asfia, the majority in the High Court and Court of Appeal failed to appreciate two points that illustrated that there was no breach of the rules of
natural justice.
“The first respondent (Dr Ting) and Chong Chieng Jen (Kota Sentosa assemblyman) were afforded 50 minutes to speak against the motion,” he said.
In addition, he explained that they were both repeatedly asked to address the factual issue of Dr Ting’s Australian citizenship (which turned out to be true and not in dispute), the Pledge of Allegiance and the exercise by Dr Ting of his right as an Australian citizen and his positive obligation as a citizen of Australia to vote in the Australian elections.
“The first respondent (Dr Ting) chose not to address these allegations specifically yet has the temerity to allege breach of natural justice,” said Asfia.
He felt that the learned High Court judge had erred in law in relation to the two points raised.
