KUCHING, Feb 11 — Sarawak DAP chairman Chong Chieng Jen today expressed his disappointment at the disqualification of Dr Ting Tiong Choon by the Federal Court as an elected representative of Pujut over his dual citizenship status.
“DAP Sarawak feels sad about the majority decision of the Federal Court which literally leaves it to the Sarawak State Assembly to do whatever it wants in the Assembly, an unfettered and unlimited power and this basically destroys the fundamental doctrine of separation of power,” he said when commenting on Dr Ting’s disqualification.
He said Dr Ting’s case is one where the Sarawak State Assembly has abused its power through a Ministerial Motion by disqualifying an elected representative with its brute majority.
“The Sarawak State Assembly has taken away the rightfully elected representative of the people of Pujut, thereby depriving the people of Pujut their voices in the state assembly,” Chong, who is also the Sarawak Pakatan Harapan (PH) chairman, said.
He said though the majority judgment of the Federal Court has decided not to interfere with the decision of the State Assembly, that does not give justification to the State Assembly’s resolution to disqualify Dr Ting.
“Dr Ting was elected by the Pujut voters for this term, notwithstanding the fact that he is now disqualified, he shall continue to serve the Pujut constituents till the end of the term.
“Since elected, Dr Ting has proven himself as a very hardworking and dedicated elected representative.
“His service centre shall continue to operate as DAP’s service centre and he shall continue to serve till the end of the term,” he said.
Chong said the only “consoling fact” about the Federal Court’s decision is both the Chief Justice of Malaysia and the Chief Judge of Sabah and Sarawak ruled in favour of Dr Ting.
Seven out of nine judges at the nation’s highest court earlier today ruled in favour of Dr Ting’s disqualification, overturning the earlier decisions made by the High Court at Kuching and the Court of Appeal.
The Sarawak assembly moved to disqualify Dr Ting on May 12, 2017 on grounds he held dual citizenship despite the DAP man’s argument that he had renounced his Australian citizenship, which he gained in 2010, just before the 2016 Sarawak state election.
The House cited Article 17 (1) (g) of the Sarawak Constitution, which states that a person is disqualified from public office if he or she had voluntarily obtained or exercised the right of citizenship in any other country.
Malaysia does not recognise dual citizenship.
Dr Ting had previously challenged the assembly’s decision to disqualify him and won in court.
On June 17, 2018, the High Court ruled that the assembly’s decision to remove Ting was unlawful and the House had acted outside its constitutional limits.
On July 13, 2018, the Court of Appeal upheld the High Court’s decision in a two-to-one majority.
This led to Speaker Datuk Amar Mohamad Asfia Awang Nassar and the state assembly to file an appeal with the Federal Court, and today’s decision.
