KUCHING: DAP will continue to serve the state constituency of Pujut in Miri until the end of the current legislative assembly’s term end despite having their member, Dr Ting Tiong Choon, being disqualified as the assemblyman of the constituency yesterday.
Sarawak DAP chairman Chong Chieng Jen said while the party had been saddened by the apex court’s decision; it would not deter them from continuing to render their services, particularly to the people in Pujut.
“Since elected, Dr Ting has proven himself as a very hardworking and dedicated elected representative. Therefore, notwithstanding the disqualification, his service centre shall continue to operate as DAP’s service centre till the end of the term,” he said.
A nine-panel judge of the Federal Court yesterday ruled that the Sarawak State Legislative Assembly was right in disqualifying Dr Ting as the assemblyman for Pujut over his dual citizenship status.
It overturned the 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.
Chong, who is also the Sarawak Pakatan Harapan chairman said that the only consoling facts were two of the judges, namely Chief Justice Tan Sri Tengku Maimun Tuan Mat and Chief Judge of Sabah and Sarawak Tan Sri David Wong Dak Wah had made their respective written statements in favour of Dr Ting.
“However, the remaining written judgment was written by one judge and agreed upon by the other six judges. It is sad and disappointing that in such an important case, they chose not to write their separate opinion but decided to tag along with the judgement of one of their colleagues,” he said.
According to Chong, the decision had left the Sarawak State Assembly to do whatever it wanted in the assembly, and unfettered and unlimited power basically would destroy the fundamental doctrine of separation of power.
“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,” he added. – Bernama
