MCA disciplinary board secretary says CC member Tee Siew Kiong's reinstatement may be correct if he had dropped all of his party posts earlier.
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However, the MCA disciplinary board today endorsed with condition, the manner in which the CC members, Tee Siew Kiong and Liew Yuen Keong, were slapped with disciplinary action and its subsequent developments.
The board secretary Benson Foo said Tee’s membership reinstatement with a simple majority of 16:14 may be correct provided that Tee had relinquished all his party post, prior.
Speaking at a media conference today, he said reinstatement or suspension of Tee would no longer require a two-third majority should Tee had relinquished his central committee member post beforehand.
“If he had resigned from all his party posts, then he is only an ordinary member. Then, there is no two-third protection accorded to him, from the presidential council to the central committee.
“But we don’t know whether his resignation has been accepted,” Foo said.
Under the party’s constitution, the disciplinary board would recommend a punishment to the presidential council, which would then endorse or reject the recommendation by a show of vote.
The central committee, on the other hand, would hear the appeal case should there be any and vote to either endorse or reject the appeal.
Tee, a MCA president Dr Chua Soi Lek’s supporter, announced his intention to resign from all his party posts in May after he was appointed as the Johor executive councillor, defying the party’s “no government post” stance.
He was subsequently slapped with a three-year suspension in June, but was reinstated by the CC last week.
His reinstatement triggered the underlying factional infighting to surface. Chua’s detractors, including deputy president Tiong Lai and 13 other CC members, filed a requisition to call for an extraordinary general meeting (EGM) on Monday.
Presidential council can suspend CC members
Meanwhile, Foo also rebutted Liew’s remarks that the presidential council was not empowered to suspend an elected party official.
The suspended Liew has said the presidential council was “ignorant” because Article 45.21 of the party constitution said he could only be removed from his position with a two-third vote from the CC to do so.
Commenting on this, Foo said Article 47 provided that the presidential council was vested with the powers that were enjoyed by the CC and general assembly.
“Article 47 provides that the presidential council shall be deemed to have been delegated and sub-delegated by and vested with all the powers of the general assembly and the central committee.
“(The disciplinary board) does everything according to the constitution. We are not ignorant,” he said.
On a separate matter, Foo said any MCA party officials including the president can be referred to the disciplinary board, brushing aside the presidential council’s earlier statement that action cannot be taken against Chua because he is the party boss.
Liow had told reporters in August that there was no mention in Article 123 of the constitution that the party president can be referred to disciplinary board.
However, Foo said Article 123 states that disciplinary action can be taken against any party official, which included the president by definition.
“Any branch, division or state liaison committee can pass a motion to request the disciplinary board to investigate a party member and when members cannot find any channel to vent their grouses, they can lodge a complaint directly with the presidential council.
“The council would then decide on whether the case should be heard by the disciplinary board,” he said
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