By Shikin Louis
KUCHING, May 18: Sarawak Legislative Assembly (DUS) Speaker Tan Sri Datuk Amar Mohamad Asfia Awang Nassar today dismissed a motion by Padungan assemblyman Chong Chieng Jen seeking to overturn a Deputy Speaker Dato Idris Buang’s ruling to expunge parts of his earlier debate touching on an alleged organised crime figure and purported links to Sarawak United Peoples’ Party (SUPP) leaders.
In delivering his ruling, Asfia said the motion had been incorrectly filed under Standing Order 23(2)(p), when it should have been brought under Standing Order 39, which governs the review of a Speaker or Deputy Speaker’s decision and requires two days’ notice.
“This motion seeks to review the decision of the Deputy Speaker. Therefore, it is wrong for the Member for Padungan to invoke Standing Order 23(2)(p).
“It should instead have been brought under Standing Order 39, which requires two days’ notice. In this case, the required two days’ notice was not given,” he said.
He added, citing Erskine May (25th edition, page 437, paragraph 20.14): “Motions for debate should not generally exceed 250 words. Padungan’s motion contains 648 words and therefore should be rejected.”
He also cited Standing Order 12(1), which gives precedence to government business over private members’ business on sitting days, and Standing Order 12(2), which allows government business to be arranged in the order determined by the government and communicated to the Secretary.
On legal proceedings, Asfia cited Standing Order 32(2) on sub judice, stating that the individuals referred to had already been charged in court on May 15 under Section 130V(1) of the Penal Code relating to alleged involvement in organised criminal groups, and therefore remained subject to ongoing court proceedings.
“At the material time, the case is sub judice and they are yet to be proven guilty beyond reasonable doubt,” he said.
The Speaker also invoked Standing Order 32(6), saying the motion had imputed improper motives against individuals and political figures despite the matters not being proven in court.
Asfia also referred to Standing Order 82(2), which requires members to respect and not show contempt for rulings of the Chair.
“Paragraphs 6, 7 and 8 of the motion, read as a whole, cast dark expressions and criminal allegations against this august House, in particular paragraph 7, in which it is stated: ‘The august House is condoning and endorsing such illegal activity by attempting to cover up’.
“This motion is in contempt of the Dewan,” he ruled.
After setting out the eight grounds, the Speaker ruled that the motion was dismissed and the Deputy Speaker’s earlier decision to expunge parts of Chong’s speech was upheld.
He also ordered that the relevant portions raised again during today’s sitting be expunged from the Hansard for consistency.
The controversy stemmed from Chong’s speech during the motion of thanks for the Sarawak Governor’s address last Thursday (May 14), where he named an individual among 21 individuals arrested and charged over alleged involvement in gangsterism and organised criminal activities as well as linking the individual to SUPP. Idris then ordered Chong’s remarks to be removed from the official Hansard record.
Today, Chong had sought to overturn Idris’ May 14 ruling and for the expunged portions of his speech to be reinstated in the Hansard. — DayakDaily
