FORMER Pujut assemblyman Dr Ting Tiong Choon was disqualified as a member of the Sarawak state assembly because he had not shown loyalty to his country, said state Attorney-General Talat Mahmood Abdul Rashid.

In his submission to strike out Ting’s originating summons to overturn his disqualification in the Kuching High Court today, Talat argued that absolute loyalty and allegiance are required, particularly of a representative in a body such as the state assembly.

Talat said without these traits, the representative could be open to all kinds of questions.

He said Ting’s disqualification under Article 17(1)(g) on May 12, when the state assembly voted 70 to 10 to disqualify him, relates to the question of loyalty.

“It demands undivided loyalty of a political candidate or representative of the people.

“The disqualification is not about his Australian citizenship. It’s about loyalty.”

Therefore, Talat said, Ting’s renunciation of said citizenship does not not absolve his disqualification.

Article 17(1)(g) states that a person is disqualified from being an elected member of the Dewan Undangan Negeri (DUN) if he has voluntarily acquired citizenship of, or exercised rights of citizenship in, or has made declaration of allegiance to any country outside the Federation (of Malaysia).

Ting, a medical doctor who lived in Australia for 20 years took up Australian citizenship in 2010 in the belief he could not return to Malaysia as his wife is non-Malaysian.

However, he found a way to return to Malaysia under the Talent Corporation Malaysia Bhd (TalentCorp) Returning Expert Programme. He renounced his Australian citizenship and the process was approved in April last year, a month before the state election.

Talat, the legal counsel for the Sarawak state assembly, said the court should not set a precedent that would allow Malaysians to acquire citizenship of another country and renounce it when they see fit to return to Malaysia hoping to be a lawmaker.

Earlier, Ting’s lead counsel, Chong Siew Chang, in his submission told the court that Ting was disqualified by a “kangaroo DUN” based on “hearsay evidence”.

Chong, the father of Sarawak DAP chairman Chong Chieng Jen, said the state assembly sitting on May 12 disqualifying Ting breached all rules of natural justice.

He said the motion to disqualify Ting, moved by the International Trade and E-Commerce Minister and “BN-friendly” United People’s Party president Wong Soon Koh, was hastily moved and did not give Ting  time to prepare his defence.

He also said the DUN has no powers to disqualify him “because Article 17(1)(g) refers to a person before he was elected”.

Ting, in his originating summons, is seeking a declaration that his disqualification is null and void and of no effect for being ultra vires the law; a declaration that the proceedings and decision taken in the state assembly culminating in his disqualification is not immune from scrutiny by the court; and a declaration that the disqualification is against the rules of natural justice.

He named the state assembly Speaker Mohamad Asfia Awang Nassar as the first respondent, and Wong Soon Koh, the state assembly and the Election Commission as the second, third and fourth respondents, respectively.

The submission continues tomorrow morning with judge Douglas Cristo Primus Sikayun to make a ruling on Monday – the eve of nomination for the Pujut by-election. – June 15, 2017.