DAP to file legal suit over Dr Ting’s disqualification
KUCHING: DAP Sarawak will file legal action against the State Legislative Assembly ( DUN) and Speaker Datuk Amar Mohd Asfia Awang Nassar for what the party described as a questionable decision in disqualifying Dr Ting Tiong Choon as Pujut assemblyman.
Its chairman Chong Chieng Jen said the party was of the unanimous view that the motion taken by DUN last Friday assaulted the fundamental democratic principles upon which the country was founded.
“This is utterly ridiculous in the democratic system and therefore all of us here have come to a unanimous decision to take action against the Assembly and Speaker so as to defend our constitution,” he told a press conference following the party’s state committee meeting at its headquarters here yesterday.
The DUN last Friday disqualified Dr Ting as Pujut’s elected representative following evidence that he had previously acquired Australian citizenship.
Second Finance Minister Dato Sri Wong Soon Koh moved the motion under Standing Order 23(1)(a), citing Article 17(1)(g) of the State of Sarawak Constitution which stated that a person is disqualified from being elected as a member of DUN if he has voluntarily acquired citizenship of, or exercised rights of citizenship in, or has made declaration of allegiance to any country outside the Federation of Malaysia. The DUN resolved to unseat Dr Ting following an overwhelming 70 votes from BN elected representatives over the opposition’s ten votes against the motion. Pursuant to this resolution, Chong announced that he will file legal action within a month’s time and that the party has set up a legal team which will be led by Chong Siew Chiang, who is also DAP Sarawak’s founder.
“The legal team will also include myself, (former Piasau assemblyman) Alan Ling, ( Padungan assemblyman) Wong King Wei, ( Bukit Assek assemblywoman) Irene Chang and (Pending assemblywoman) Violet Yong,” he revealed, adding that this matter was of utmost urgency and if need be, he will rope in other volunteers or legal minds along the way.
Asked if the party planned to file an injunction, Chong, who is Kota Sentosa assemblyman, said this has not been decided and that the legal team would have to study further beforehand.
“The definite decision today (yesterday) is we will file ( legal) action to quash the decision of the DUN. That is final,” he stressed.
On what would be the next course of action for DAP should the Election Commission (EC) call for a by- election, Chong said the party would leave this to the EC.
“By- election or otherwise, we have to right the wrong that has been done. There are still certain remnants of the law the government has to follow and if there is a by-election, I think surely we will contest.
“There will not be any boycott of election because DAP does not believe in that.”
Meanwhile, Dr Ting said the party had made the right decision to challenge BN’s decision to disqualify him as an elected representative.
“I think it is unjustified and the decision tarnished the state’s democracy. If it happened to me two days ago, it can happen to anyone. Fortunately, we have a very good legal team who are going to go against the government’s decision to disqualify me,” he remarked.
Dr Ting also said despite his disqualification, he will continue to stay with DAP and serve the people in Pujut until all decisions have been finalised.