PUTRAJAYA: The Federal Court Tuesday ruled that the Sarawak state legislative assembly was right in disqualifying Dr Ting Tiong Choon as the assemblyman for Pujut over his dual citizenship status.
It overturned a Court of Appeal ruling in a 7-2 majority decision, and cited Article 19 of the Sarawak Constitution and Article 72 (1) of the Federal Constitution which state, respectively, that the assembly has the final say in such a matter and that assembly proceedings cannot be questioned in any court.
Following this decision, Dr Ting loses the Pujut seat. However, according to Election Commission officers who had followed the case in court, Article 21 (5) of the Sarawak Constitution provides the speaker of the assembly the power to decide whether to seek a by-election because a by-election is not necessary if a seat falls vacant less than two years from the end of the term of the assembly, which in this case is June 2021.
Chief Justice Tan Sri Tengku Maimun Tuan Mat presided over the nine-member bench. The other judges were Court of Appeal president Datuk Rohana Yusuf; Chief Judge of Sabah and Sarawak Tan Sri David Wong Dak Wah and Federal Court judges Datuk Abdul Rahman Sebli; Datuk Mohd Zawawi Salleh; Datuk Nallini Pathmanathan; Datuk Ong Lam Kiat; Datuk Zabariah Mohd Yusof and Datuk Hasnah Mohammed Hashim.
Dr Ting was disqualified as the state assemblyman on May 12, 2017, for having Malaysian and Australian citizenship following a motion tabled by the then Sarawak International Trade and E-Commerce Minister Datuk Seri Wong Soon Koh.
The medical practitioner filed an originating summons at the Kuching High Court on June 7, 2017, to challenge the assembly’s decision.
Both the High Court and Court of Appeal ruled in favour of Dr Ting, prompting Sarawak state assembly speaker Datuk Amar Mohamad Asfia Awang Nassar, the Sarawak state assembly and Second Finance Minister Datuk Seri Wong Soon Koh to appeal to the Federal Court.
Justice Abdul Rahman, who delivered the decision, said Dr Ting’s loyalty to Malaysia was questionable after he had pledged loyalty to Australia and exercised the rights of an Australian citizen.
“The state assembly was, therefore, not wrong to disqualify and remove him from the assembly as he was unfit to be a member or to continue to be a member of the assembly,” he said.
He also said that a citizen cannot acquire and renounce any citizenship at will and when it suits him or her while, at the same time, refusing to give up Malaysian citizenship. He said that under the Federal Constitution, the person could be stripped of his or her citizenship.
He said a person who is disqualified for election to the assembly cannot remove the disqualification simply by renouncing his or her foreign citizenship.
Justice Abdul Rahman said that it is wrong and goes against the spirit of Article 17 (1) (g) of the Sarawak Constitution to allow a disqualified person to remain in the state assembly as an elected member, which would defeat the purpose of going through the election process to appoint only qualified persons to the assembly as elected members.
“It is against the law for a disqualified person to sit in the state assembly as an elected member and enjoy all the privileges accorded to a member,” he said.
Justice Abdul Rahman said the state assembly had the power to disqualify and remove Dr Ting from the assembly for having acquired Australian citizenship.
He said Article 72 (1) of the Federal Constitution prohibits the court from questioning the decision of the state assembly and the court would be in breach of that provision if it interferes with the exercise of that power. – Bernama
