My Press Statement herein is to prevent BN from continuing mislead the people by their own set of interpretation of Law.
On Disqualification of an ADUN
No where in the Federal Constitution or State Constitution empower Sarawak State Assembly to make decision as to any ADUN has violates State Constitution.
Disqualification of Dr Ting must be based on a finding of the Court of Law as to whether there is violation of Constitution. There is no decision of the Court. BN by-passed the Court and hold the adjudication power in their own hands. This is against the principle of Separation of Powers.
Further, the conduct of Dewan is in violation of rule of Natural Justice.
It acts as prosecutor and judge, whom the “prosecutor and judge” in this case is having personal interest and thus is conflict of interest.
On Dual Citizenship
Dr. Ting is no longer possessing Australian Citizenship since 4.4.2016, before the nomination day of the last State Election. He has always been and is still a Malaysian.
Having dual citizenship is not an offence or wrongful act under the law of Malaysia. It can only constitute a ground for Federal Government to deprive one’s Malaysian Citizenship if he or she is still holding dual citizenship. Therefore I doubt Federal Government is having power to deprive Dr Ting’s citizenship. If Federal Government does that, it may violate Federal Government.
It is NOT the law that he who holds dual citizenship will be automatically be deprived Malaysian citizenship. The DPM has a serious misconception of law.
The Federal Government is empowered by Federal Constitution to exercise her discretion to allow any Malaysian to hold dual citizenship.
Therefore, Dual citizenship is allowed under Federal Constitution. If the Federal Government will have to deprive Dr. Ting’s only Citizenship, that is Malaysian Citizenship, and render him stateless, that will be utmost oppressive and inhuman. This will also discourage other Malaysians to come back to serve the Country.
The only “wrongful act” committed by Dr. Ting, if any, is he joins DAP.