Sarawak assembly has power to disqualify rep over alleged dual citizenship, rules Federal Court
V Anbalagan
-February 11, 2020 11:42 AM
FMT
The Federal Court decided in a 7-2 ruling that it cannot question the decision of the Sarawak state assembly to disqualify an assemblyman.
PUTRAJAYA: The Federal Court ruled today that the Sarawak state assembly has the power to disqualify DAP’s Pujut assemblyman Dr Ting Tiong Choon because of his alleged dual citizenship.
The majority 7-2 ruling means Ting is no longer an assemblyman but, according to Election Commision officials following the case, it is for the assembly to decide whether a by-election needs to be held.
Judge Abdul Rahman Sebli, who delivered the ruling, said the court is ousted to question the decision of the house.
“Article 19 of the Sarawak Constitution and Article 72 of the Federal Constitution exclude the court from questioning the decision of the house, ” he said in allowing the appeal of the speaker and two others against the decision of the High Court and Court of Appeal to overturn the state assembly’s decision to disqualify Ting.
The other judges in the majority were Court of Appeal president Rohana Yusuf and Federal Court judges Mohd Zawawi Salleh, Nalini Pathmanathan, Ong Lam Kiat, Zabariah Mohd Yusof and Hasnah Mohammed Hashim.
Chief Justice Tengku Maimun Tuan Mat and Chief Judge of Sabah and Sarawak David Wong Dak Wah were in the minority.
Tengku Maimun said it was for the election court established under Article 118 of the Federal Constitution to decide as the dispute was about Ting’s status before he was elected.
Dr Ting Tiong Choon.
The Sarawak legislative assembly, its speaker Amar Mohamad Asfia Awang Nassar and former state second finance minister Wong Soon Koh were appealing against the decision of the High Court and Court of Appeal that overturned the assembly’s decision to disqualify Ting.
Ting was disqualified as an assemblyman on May 12, 2017, following a motion tabled by then Sarawak international trade and E-commerce minister Wong Soon Koh for allegedly having dual Australian and Malaysian citizenship.
He then filed an originating summons at the Kuching High Court on June 7, 2017, to challenge the assembly’s decision.
On June 17, 2017, the High Court ruled that it was unlawful for the assembly to disqualify Ting as Pujut assemblyman.
On July 13, 2018, the Court of Appeal, in 2-1 decision, ruled that the assembly had exceeded its power in denouncing Ting’s membership as an assemblyman on the basis of his dual citizenship.
Ting had reportedly given up his Australian citizenship before being nominated as a candidate for Pujut.
The Federal Court decided in a 7-2 ruling that it cannot question the decision of the Sarawak state assembly to disqualify an assemblyman.PUTRAJAYA: The Federal Court ruled today that the Sarawak state assembly has the power to disqualify DAP’s Pujut assemblyman Dr Ting Tiong Choon because of his alleged dual citizenship.
The majority 7-2 ruling means Ting is no longer an assemblyman but, according to Election Commision officials following the case, it is for the assembly to decide whether a by-election needs to be held.
Judge Abdul Rahman Sebli, who delivered the ruling, said the court is ousted to question the decision of the house.
“Article 19 of the Sarawak Constitution and Article 72 of the Federal Constitution exclude the court from questioning the decision of the house, ” he said in allowing the appeal of the speaker and two others against the decision of the High Court and Court of Appeal to overturn the state assembly’s decision to disqualify Ting.
The other judges in the majority were Court of Appeal president Rohana Yusuf and Federal Court judges Mohd Zawawi Salleh, Nalini Pathmanathan, Ong Lam Kiat, Zabariah Mohd Yusof and Hasnah Mohammed Hashim.
Chief Justice Tengku Maimun Tuan Mat and Chief Judge of Sabah and Sarawak David Wong Dak Wah were in the minority.
Tengku Maimun said it was for the election court established under Article 118 of the Federal Constitution to decide as the dispute was about Ting’s status before he was elected.
Dr Ting Tiong Choon.The Sarawak legislative assembly, its speaker Amar Mohamad Asfia Awang Nassar and former state second finance minister Wong Soon Koh were appealing against the decision of the High Court and Court of Appeal that overturned the assembly’s decision to disqualify Ting.
Ting was disqualified as an assemblyman on May 12, 2017, following a motion tabled by then Sarawak international trade and E-commerce minister Wong Soon Koh for allegedly having dual Australian and Malaysian citizenship.
He then filed an originating summons at the Kuching High Court on June 7, 2017, to challenge the assembly’s decision.
On June 17, 2017, the High Court ruled that it was unlawful for the assembly to disqualify Ting as Pujut assemblyman.
On July 13, 2018, the Court of Appeal, in 2-1 decision, ruled that the assembly had exceeded its power in denouncing Ting’s membership as an assemblyman on the basis of his dual citizenship.
Ting had reportedly given up his Australian citizenship before being nominated as a candidate for Pujut.
