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2020 MarsdenLR 1691

FEDERAL COURT PUTRAJAYA
THE SPEAKER OF DEWAN UNDANGAN NEGERI OF SARAWAK DATUK AMAR MOHAMAD ASFIA AWANG NASSAR – Appellant
Versus
TING TIONG .... – Respondent


Petitioner Advocates:Tan Sri Cecil Abraham,Shankar Ram Asnani, Rishwant Singh & Russel Lim ,Respondent Advocate: Chong Siew Chiang,Wong King Wei & Michael Kong Feng Nian

JUDGMENT

Abdul Rahman Sebli FCJ (majority):

[1] There were three appeals before us and all three concerned the power of the Dewan Undangan Negeri of Sarawak ("the Dewan") to disqualify a member for having voluntarily acquired foreign citizenship prior to his election to the House. The first appeal was by the Speaker of the Dewan, Datuk Amar Mohamad Asfia Awang Nassar, the second by the Dewan itself and the third by Dato Sri Wong Soon Koh, a Minister in the State Cabinet at the material time.

[2] The facts are simple and straightforward. The 1st respondent, Ting Tiong Choon is a Malaysian citizen of Sarawak origin. He graduated with MBBS medical degree in 1992 from the University of New South Wales, Australia. On 20 January 2010, he acquired the citizenship of Australia but renounced it five years later in 2015. His renunciation was accepted by the Australian Government with effect from 4 April 2016. Twenty one (21) days later, ie on 25 April 2016, the respondent was nominated as a candidate together with three others to contest the State Constituency of N17 Pujut in the Sarawak State General Election.

[3] As part of the nomination process for the General Election, the respondent affirm

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