PETALING JAYA: Although it is not under the law but rather a customary move, it is only proper for MCA national organising secretary Datuk Tee Siew Kiong to abide by the Sultan of Johor’s advice and accept a position in the state executive council, says a law expert.
“It would not be a criminal action (to decline the request),” said constitutional law expert Prof Dr Shad Saleem Faruqi yesterday.
“However, while it is not legally binding, the Sultan’s advice should be accorded its customary respect.”
If Tee were to decline Sultan Ibrahim Ibni Almarhum Sultan Iskandar’s request for a Chinese representative in the state line-up, he (Tee) would not be breaching any law, the lawyer said.
The Pulai Sebatang assemblyman was among the nine state executive councillors who took their oath of office yesterday, amid a directive to all elected representatives from the MCA to stick to the party’s stand of not accepting any government position because it had garnered fewer seats in GE13 compared with the 2008 elections.
Dr Shad said he did not see the Sultan’s request as a “command” but as a “suggestion” on his part as a non-partisan statesman.
“I think the Sultan was motivated by the highest consideration that the state executive council should reflect the multiracial nature of our society,” he said.
Dr Shad said if the party’s policy were to be honoured, Tee could still use other means to maintain his appointment, including taking leave from the MCA or applying to be a direct Barisan Nasional member.
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