Very interesting 'legal first' in Sarawak, says observer

MIRI: An unprecedented case, and a very interesting “legal first” in Sarawak — that was how lawyers and veteran politicians have described the poser surrounding SUPP president Tan Sri Peter Chin resulting from the Registrar of Societies’ move to deregister Chin’s Bekenu branch.

Chin’s legitimacy as party president has been called into question following the decision to declare illegal the Bekenu branch, and Piasau branch, after the ROS ruled that there were irregularities committed by the two branches during the 2011 branch elections.

Chin had told The Star that his status was not affected by the ruling, and that he could still continue as president.

The Star yesterday spoke to senior lawyers and veteran SUPP leaders.

David Siaw (pic), a legal adviser to former president Tan Sri Dr George Chan, said the ROS decision had opened up a first in Sarawak in terms of legal interpretations of party constitution and arguments on facts and party election proceedings.

 

“Looking at this case from a non-political angle, strictly as a lawyer experienced in constitutional laws, I must say this is an unprecedented case in Sarawak and the first of its kind I have encountered.

“The question that arises now is whether Chin is legally considered a delegate and then elected legally as president. When the 2011 Triennial Delegates Conference (TDC) was called, what was Chin’s status?

“The ROS declared Bekenu branch illegal only now (five days ago on Jan 6). So during the last TDC when Chin was elected president (in December 2011), was Bekenu branch considered legal at that time?

“There are other very interesting questions that have cropped up that require detailed study,” Siaw said.

“For example, when was the Bekenu branch found to have committed irregularities in its branch elections? Was it before or after Chin was elected as the branch chairman?

“And there is another very important angle to this whole thing that must be considered. It is in relation to the party constitution.

“There is a provision in the party constitution that said that an existing Central Committee member is automatically a delegate to the TDC.

“Is Chin protected by the party constitution by virtue of the fact that he was an automatic delegate because during the 2011 TDC, Chin was in the central committee?

“There is also a need to study very closely the rules governing election of party delegates at all levels,” he said.

“The ROS move to deregister Bekenu and Piasau SUPP gives rise to interesting arguments as to the qualification of these delegates voting or standing as a candidate. That includes Chin.”

Former SUPP veteran Wong Ching Yong said Chin and Datuk Sebastian Ting (Piasau SUPP chairman) were automatic delegates to the 2011 TDC by virtue of the fact that they were in the Central Committee in the 2008-2011 term.

“This is provided for under Article 18 (1)(1) of the party constitution. Chin was automatically a CC member for 2011-2013 term because he at that time was an MP for Miri. This was provided for under Article 21 (1) of the constitution.”

“Thus, the question of Chin’s eligibility as president does not arise despite the ROS’ ruling on Bekenu,” he said.

Various branches and sub-branches, including Senah, Teng Bekup, Beratok and Sibu, aligned to Chin’s rival Datuk Seri Wong Soon Koh had issued statements calling for Chin to give up his presidency.

SUPP information chief Datuk Sebastian Ting yesterday said Piasau would submit an appeal within the 30-day period to appeal against the deregistration.

He said all those in the Piasau branch were valid members of the party because they were attached directly with party central.