PETRA JAYA: Dr Ting Tiong Choon had breached a provision in the Sarawak Constitution although the DAP Pujut state assemblyman had renounced his Australian citizenship about a month before the polling day of the 11th State Election last year.
The Court of Appeal, which heard appeals filed against a High Court ruling that reinstated Dr Ting as the Pujut assemblyman on June 17 this year, was told that the medical practitioner was an unqualified candidate under Article 17(1)(g) of the State Constitution when he opted an Australian citizenship.
The Article provided that a person is disqualified for being elected as an elected member of the August House if he has voluntarily acquired citizenship of, or exercised rights of citizenship in any country outside the Federation.
Counsel Tan Sri Cecil Abraham described Dr Ting’s action as a “mischief”, which could not be cleansed even if the latter had renounced his foreign citizenship and returned to Malaysia to contest in the Pujut state seat.
“We are here today to categorically challenge whether the respondent (Dr Ting) is a qualified candidate (to contest in the state polls).
“The fact that he had renounced his (Australian citizenship), does not cleanse him from his mischief,” Cecil said.
He was representing State Legislative Assembly Speaker Datuk Mohd Asfia Awang Nassar, who is one of the three appellants in the case.
The other two appellants are Second Finance Minister Datuk Seri Wong Soon Koh and Sarawak State Legislative Assembly (Sarawak DUN).
Counsel George Lo, who represented Wong, told the Appellate Court that there was no provision in the State Constitution explaining the status of a person appointed as an elected representative who had renounced their foreign citizenship.
“Since there is no provision on the matter, action by Dr Ting in renouncing his Australian citizenship, does not lift his disqualification,” he said.
Counsel Chong Siew Chiang, who is one of the three lawyers representing Dr Ting, argued that the respondent is a qualified candidate since the latter had renounced his foreign citizenship on Apr 4, 2016.
The date of Dr Ting’s renunciation as Australian citizen was before the nomination date and polling day for the last state election, which fell on Apr 25 and May 7 last year, respectively.
He also cited Article 118 of the Federal Constitution has exclusively provided that only the Election Court is the only competent forum to decide on election offences.
Judge Datuk Abang Iskandar Abang Hashim, who chaired a three-member panel, said the judges needed more time to come to a decision over the case.
“Parties concern will be called in due time,” said Abang Iskandar, who sat with Datuk Mary Lim Thiam Suan and Datuk Harmindar Singh Dhaliwal.
On May 12 this year, Sarawak DUN had ceased Dr Ting’s membership of as the Pujut state assemblyman.
His disqualification came after 70 assemblymen voted in favour of a ministerial motion for allegedly possessing dual citizenship. Ten assemblymen voted otherwise.
The ministerial motion was moved by State International Trade and E-Commerce, Datuk Seri Wong Soon Koh, during the last state assembly sitting.
A Kuching High Court on June 17, however, had reinstated Dr Ting as the Pujut state assemblyman and declared that there was no vacancy in the state constituency.