Deputy Speaker: Tian Chua’s status of constitutional importance

Without formal notification from a member of the House, the Speaker cannot move to act against Chua (picture), whose status as an MP presently hangs in the balance. — file pic

KUALA LUMPUR, May 25 — Deputy Speaker of Parliament Datuk Dr Wan Junaidi Tuanku Jaafar declared today it would be “irresponsible” if no lawmaker informs the House of Batu MP Chua Tian Chang’s conviction and possible disqualification.

He said without formal notification from a member of the House, the Speaker could not move to act against Chua, whose status as an MP presently hangs in the balance.

The Court of Appeal had on Monday rejected Chua’s appeal against a conviction for biting a policeman based on the deputy public prosecutor (DPP)’s objection that it was filed after the 14-day window.

The decision effectively stays last year’s High Court decision to uphold his conviction and sentence of a RM2,000 fine in default of two months’ jail, thus throwing his seat status into question.

Under Article 48 of the Federal Constitution and preceding cases, Chua stands disqualified as an MP because he was fined “not less than” RM2,000.

“The Speaker cannot just act on his own until someone sends a notice to him that an elected representative has been convicted of an offence whereby he can be disqualified,” Wan Junaidi told The Malaysian Insider today.

He added, however, that the Speaker would first have to wait out the 14-day appeal window allowed to Chua before the matter can be raised in Parliament.

Parliament sits on June 13 this year.

“Once the period has lapsed and he has made no appeal or plea for pardon, then he, by virtue of the Federal Constitution, has already been disqualified but normally this is brought into Parliament for debate,” he said.

But queries to several Barisan Nasional (BN) backbenchers today indicated that no plans are in the pipeline yet to table a motion in Parliament calling for Chua’s disqualification.

Minister in charge of parliamentary affairs Datuk Seri Mohamed Nazri Aziz told The Malaysian Insider that in his personal opinion, it was best to lay the matter to rest.

He said that this was because confusion still reigned over Chua’s seat status and that it was better to “err on the side of caution.”

But Wan Junaidi insisted that failure to notify the House would be a very “irresponsible” decision on the part of the lawmakers.

“Certainly someone must bring a notice ... certainly someone responsible to the country and responsible to the Constitution of the country must do this.

“How can we say that 222 MPs are so irresponsible that they refuse to bring a matter so important to the Constitution of the country to the House?” he said.