TI LIAN KER:
Ong's advice to tread with caution ignored

2009/11/08

THE latest developments in MCA had the legal eagles seeking answers and solutions to the confusion and collisions.

To begin with, Datuk Seri Liow Tiong Lai goes down in history as the first and only person who has shared the secretary-general's post in MCA Youth in 2002, and that of the deputy president's post from Oct 15 to Nov 3 this year.

In 2002, Loh Seng Kok and Liow, who were the political secretaries to Tun Dr Ling Liong Sik and Tan Sri Lim Ah Lek respectively, held the post of MCA Youth secretary-general jointly.

This was despite the fact that the constitution of MCA Youth provides for only one secretary-general. The constitutional provisions were not upheld.

That was the time when the MCA constitution was sidelined, and the rule of law made a mockery of by leaders who were all too powerful and mighty.

That was the time when MCA Youth members threw chairs during the general assembly.

That was the time when the MCA held an election where nominations were allowed, but elections disallowed.

Liow made history again lately when he successfully lobbied and received sufficient support in the powerful Central Committee (CC) to bulldoze him into being deputy president on Oct 15.

This was despite the president's (Datuk Seri Ong Tee Keat's) caution and hesitation -- supported by another vice-president Datuk Seri Dr Ng Yen Yen -- that the party should tread cautiously to avoid moving further into troubled waters.

The president had said there was no need to be hasty in deciding that the deputy president's position is vacant and as such the post need not be filled immediately as Datuk Seri Dr Chua Soi Lek had written to the Registrar of Societies to clarify his legal status after the Oct 10 EGM resolutions.

This was to avoid any subsequent complications arising from the election of a new deputy president when there may not be a vacancy.

However, the agenda was to appoint Liow as the deputy president and thereafter force or pressure the president to quit in the name of respecting the EGM.

This was in view of the provision in the party constitution that "if the president shall cease to hold office for any reason whatsoever, the deputy president shall hold that office as president..."

The former legal bureau chairman had insisted that the resolutions for Oct 10 need only be passed by a simple majority during the Oct 15 CC meeting.

Subsequently, Liow was elected by a majority of the CC to fill in the purported vacancy of the deputy president's post.

On Nov 3, the Registrar wrote to Soi Lek stating the MCA deputy president's post was not vacant.

Therefore, the decision of the CC on Oct 15 was flawed and void ab initio. The CC meeting on Nov 3 had rectified and corrected the error by adopting the clarification by the Registrar.

Unfortunately, this was not accepted by Liow who reserved his right to pursue the matter in a court of law.

Next came the requisition by the president on Oct 15 calling for an EGM under Article 30.1 to resolve whether fresh elections need to be held. This was strongly opposed by some CC members. Liow himself had in the CC meeting said that the party was capable of resolving existing problems, and he had disagreed with the call for another EGM.

He had also said that the president could continue to lead. However, he said that many CC members were worried about the image of the president and the party.

Liow had insisted that the CC meeting be allowed to find the best solution to resolve the party's problem, and that another EGM would be a waste of party funds and resources.

On Oct 29, 16 CC members who were opposed to the president's call for an EGM did an about turn.

They signed a requisition for an EGM pursuant to Article 30.2 of the constitution. The requisition was said to have been endorsed and supported by Liow, too.

Both the requisitions were rejected by the secretary-general as being unconstitutional as the circumstances for calling for a fresh election had been stated by the constitution as follows:

i. Under Article 167 whereby the party is to hold an election every three years;

ii. Under Article 41 where two-thirds or more of the elected central committee members cease to be members;

iii. Under Article 35 where there is a dismissal of all or at least two-thirds or more of the members of the central committee by virtue of Article 41.

* Datuk Ti Lian Ker is a MCA central committee member.

Developments in the MCA since the Oct 10 extraordinary general meeting have captivated public attention. TI LIAN KER offers a look into the goings-on within the party's powerful central committee.

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