DAP is going ahead with its legal challenge on the disqualification of the former Pujut representative Dr Ting Tiong Choon as an assemblyman of the Sarawak legislative assembly.

Party state chief Chong Chieng Jen said Speaker Mohd Asfia Awang Nassar’s citing Article 72(1) of the Federal Constitution and a legal precedent in a 1979 case yesterday was “outdated”.

He said the Federal Court in 2009 had overturned the principle of law in the Dr Zambry Abd Kadir v Sivakumar Varatharaju Naidu case.

“Asfia is citing obsolete principle of law which has been overturned. The decision of the DUN (state legislative assembly) can be challenged.”

Article 72 (1) states “the validity of any proceedings in the legislative assembly of any state shall not be questioned in any court”.

Asfia had also said he would make an application to strike off any writ Dr Ting might file in the court to challenge his disqualification.

Dr Ting was disqualified as he was found to have taken an Australian citizenship in breach of Article 17(1) (g) of the Sarawak constitution.

Chong, when asked if he is aware Dr Ting was once an Australian citizen, when the party nominated him to contest in the Chinese-majority seat in Miri in last year’s elections, said: “He was eligible to contest according to our interpretation”.

He later said Dr Ting did not inform the party he was once an Australian. Dr Ting won the Pujut seat in a four-cornered fight. – May 17, 2017.