ANALYSIS Four days ago, MCA deputy president Liow Tiong Lai's faction caused a stir within the party when they moved to force the party leadership to convene an extraordinary general meeting (EGM).
Their purpose was to reinstate the party's decision to suspend central committee member Tee Siew Kiong for accepting a position on the Johor cabinet, in accordance to a resolution passed by the party's annual general meeting (AGM) in 2010.
The party AGM had decided, and later endorsed in several other meetings, to bar any party members from holding any government positions should it fail to improve from its 2008 general election results.
Their purpose was to reinstate the party's decision to suspend central committee member Tee Siew Kiong for accepting a position on the Johor cabinet, in accordance to a resolution passed by the party's annual general meeting (AGM) in 2010.The party AGM had decided, and later endorsed in several other meetings, to bar any party members from holding any government positions should it fail to improve from its 2008 general election results.
However, it was decided in the MCA presidential council meeting two days ago that they should seek legal opinion on whether Tee was indeed suspended by the party through due process in the first place.
Central committee member Ong Ka Chuan was widely reported in the Chinese dailies to have told the party's presidential council on Tuesday that the party constitution only allowed for a central committee member to be sacked or suspended with approval of two-thirds of the committee members.
Ong's revelation during the presidential council raises many questions: Why did he wait three months to bring it up, and why was he among the 14 central committee members to sign the requisition for the EGM if he was aware of this?
Cushioning Liow's theatrics
Tee's suspension was recommended by the party disciplinary board and handed down by the party's presidential council on June 20. Tee later appealed and the suspension was lifted by narrow vote during the central committee meeting on September 5.
Now that it seems as though the party had made a mistake in Tee’s disciplinary case, it had cushioned the impact of Liow's (left) theatrics and his team's efforts to push for an EGM.
Liow and his followers are widely perceived to be using the lifting of Tee's suspension to portray himself as a party leader that is true to the grassroots who wants to impose the ban on holding government positions.
Had the EGM been held and resolution brought by Liow's team was passed, it would akin to a vote of no-confidence against party president Dr Chua Soi Lek, who has been accused of going against the 2010 AGM resolution.
Tee is seen as a key ally of Chua, who has refused to step down as the Penang Port Commission chairperson. Another of Chua’s ally,Dr Ng Yen Yen, is the head of the Malaysian Tourism Board.
In the latest twist to the Chua-Liow duel, Liow said yesterday that the EGM must proceed and that his legal experts told him that Tee's (right) suspension is in line with the party constitution.
He argued that the AGM is the party's highest decision-making body, which had decided on the resolution to shun government position, and therefore Tee had violated a party decision and should be sanctioned.
Chua has wide discretionary powers
But regardless of what Liow's camp says, Chua still has wide discretionary powers as party president that may force the EGM to be cancelled.
Should Chua decide to hold the EGM after Sept 22, which looks increasingly likely, it will pose some legal problems that may result in the party being de-registered by the Registrar of Societies (ROS).
The main problem is that the requisition for the EGM was signed on Monday, two weeks ahead of the MCA divisional elections that will be held on September 22.
The divisional elections will elect 2,400 central delegates that will vote during the subsequent AGM and EGM until their three-year term is up.
Given the uncertainties over the interpretations of the party constitution on this matter, Chua (left) could easily use it as an excuse to persuade Liow to call off the EGM to avoid trouble with the ROS.
Without the EGM, Chua would have eliminated the possibility of an embarrassing outcome from the meeting and continue on until his term expires in December, where he can seek re-election.
Thus now, despite the aggressive strategies deployed by Liow and his followers, Chua still looks comfortable in the driver's seat.
Central committee member Ong Ka Chuan was widely reported in the Chinese dailies to have told the party's presidential council on Tuesday that the party constitution only allowed for a central committee member to be sacked or suspended with approval of two-thirds of the committee members.
Ong's revelation during the presidential council raises many questions: Why did he wait three months to bring it up, and why was he among the 14 central committee members to sign the requisition for the EGM if he was aware of this?
Cushioning Liow's theatrics
Tee's suspension was recommended by the party disciplinary board and handed down by the party's presidential council on June 20. Tee later appealed and the suspension was lifted by narrow vote during the central committee meeting on September 5.Now that it seems as though the party had made a mistake in Tee’s disciplinary case, it had cushioned the impact of Liow's (left) theatrics and his team's efforts to push for an EGM.
Liow and his followers are widely perceived to be using the lifting of Tee's suspension to portray himself as a party leader that is true to the grassroots who wants to impose the ban on holding government positions.
Had the EGM been held and resolution brought by Liow's team was passed, it would akin to a vote of no-confidence against party president Dr Chua Soi Lek, who has been accused of going against the 2010 AGM resolution.
Tee is seen as a key ally of Chua, who has refused to step down as the Penang Port Commission chairperson. Another of Chua’s ally,Dr Ng Yen Yen, is the head of the Malaysian Tourism Board.
In the latest twist to the Chua-Liow duel, Liow said yesterday that the EGM must proceed and that his legal experts told him that Tee's (right) suspension is in line with the party constitution.He argued that the AGM is the party's highest decision-making body, which had decided on the resolution to shun government position, and therefore Tee had violated a party decision and should be sanctioned.
Chua has wide discretionary powers
But regardless of what Liow's camp says, Chua still has wide discretionary powers as party president that may force the EGM to be cancelled.
Should Chua decide to hold the EGM after Sept 22, which looks increasingly likely, it will pose some legal problems that may result in the party being de-registered by the Registrar of Societies (ROS).
The main problem is that the requisition for the EGM was signed on Monday, two weeks ahead of the MCA divisional elections that will be held on September 22.
The divisional elections will elect 2,400 central delegates that will vote during the subsequent AGM and EGM until their three-year term is up.
Given the uncertainties over the interpretations of the party constitution on this matter, Chua (left) could easily use it as an excuse to persuade Liow to call off the EGM to avoid trouble with the ROS.Without the EGM, Chua would have eliminated the possibility of an embarrassing outcome from the meeting and continue on until his term expires in December, where he can seek re-election.
Thus now, despite the aggressive strategies deployed by Liow and his followers, Chua still looks comfortable in the driver's seat.
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