Sarawak appeal over Pujut seat fixed for Feb 28 at Federal Court

The appeal by the Sarawak Legislative Assembly speaker Mohamad Asfia Awang Nasar and state Second Finance Minister Wong Soon Koh against the majority decision of the Court of Appeal that ruled Dr Ting Tiong Choon (photo) remains as Pujut assemblyperson has been fixed for Feb 28, 2019, by the Federal Court.

The hearing for the motion for leave to appeal by the duo was fixed today following case management before registrar Khainur Aleeza Ismail in chambers.

In civil matters at the apex court, leave or permission has to be gained for the full merits to be heard.

Lawyer Tan Kee Heng when contacted by Malaysiakini said the hearing of the motion on Feb 28 will be held in Kuching.

It was previously reported that in July, two Court of Appeal judges upheld the Kuching High Court decision that ruled the legislative assembly had no jurisdiction to disqualify Ting as a state assemblyperson for purportedly having an Australian citizenship.

Judges Justice Abang Iskandar Abang Hashim (now Federal Court judge) along with Justice Harminder Singh Dhaliwal upheld the High Court decision while Justice Mary Lim dissented.

Justice Abang Iskandar and Justice Harminder held that the state assembly did not have the jurisdiction to disqualify Ting before his election, while Justice Lim ruled that Ting’s rejection of his Australian citizenship also did not qualify him to be an elected representative because he had taken the oath to be an Australian citizen.

The Sarawak Legislative Assembly decided by a majority vote on May 12, 2017, to disqualify Ting as the Pujut state assemblyperson because he had dual citizenship, Malaysian and Australia.

A month after the state assembly’s decision, the Kuching High Court judge later restoredTing's position as an assemblyperson. -Mkini

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