Penang’s anti-hopping law gazetted and enforced on Feb 15

GEORGE TOWN, March 4 — Penang’s anti-hopping law, which was passed by the state legislative assembly last year, has been gazetted and enforced on February 15.

The enforcement of the law is in time to stop elected state representatives in Penang from defecting after the general election, said Penang Chief Minister Lim Guan Eng (picture).

The law prohibits elected representatives from resigning from the party in which they had been elected under.

If the elected representative were to resign from the party he had won the seat under, he will be considered to have vacated his state seat and a by-election will be held.

Lim said the newly gazetted enactment under the state constitution will ensure that those who jump party after the elections will need to seek a new mandate under their new party.

He admitted that this law could be challenged in court and the state will let the court decide on the validity of the law.

“There is no reason why Barisan Nasional does not want to impose the anti-hopping law as it will not only stop elected representatives from BN jumping to PR but also from BN to PR without seeking a new mandate,” he said at a press conference at his office today.

Penang is the first state to pass an anti-hopping law to stop party-hopping before a general election which is expected to be called within weeks.

Under section 14A of the Enactment A13 of the state constitution, a member of the state legislative assembly must vacate his seat if he resigns, is expelled from or ceases to be a member of the party that he was elected as a candidate of.

There are exceptions where the elected representative does not need to vacate his seat i.e. if his party is dissolved or if he resigns from his party upon election as Speaker.

It also does not stop the elected representative who vacates his seat to seek re-election at any ensuing vacancy.