KOTA KINABALU: The federal anti-hopping law cannot be imposed on Sabah assemblymen without the state incorporating the provision in its constitution, says a senior lawyer.
According to Sabah Law Society president Roger Chin, the belief that this law is "supreme" was a simplistic one as states only need to comply with certain federal laws under Article 75 of the Federal Constitution.
Chin was giving his view on Sabah Bersatu secretary Abdul Kadir Abdullah Damsal's statement that under Article 75 of the Federal Constitution, if any state law was inconsistent with federal law then the latter will prevail.
As such, Abdul Kadir said the exodus of assemblymen crossing the floor should be subjected to the anti-hopping law even though Sabah was delaying its adoption.
"Article 75 applies in certain circumstances where there are conflicts in matters under the concurrent list (shared powers of the Federal and state governments)," Chin said when weighing in on the legal argument on Tuesday (Feb 28).
"So it would not apply generally for all laws. Even if it did apply, I don't see any conflict. The Federal Constitution is for Members of Parliament while the state constitution applies to assemblymen," he added.
Chin agreed that there was public pressure for Sabah to adopt the anti-hopping law given the state's history of defections.
Stressing that the Federal Constitution and a state constitution covered different sources of power, Chin said it was difficult to sustain the argument that federal legislation overrides state law.
Abdul Kadir said that since the anti-hopping law law came into effect from Oct 5, state assemblymen should be made to vacate their seats as the federal law is supreme.
He was of the opinion that any defection by an MP or assemblyman after the law's gazetted date was subject to the new Article 49A and Section 7A Part 1 of the Eighth Schedule of the Constitution.
Abdul Kadir also argued that incorporating anti-hopping laws into the Sabah constitution was only a formality.
He urged Parti Warisan and Sabah Umno to seek the vacating of those seats where their respective assemblymen had recently quit to join Parti Gagasan Rakyat Sabah (Gagasan Rakyat).
Since the Sept 26, 2020, state election more than half of the 79 members in the assembly have left their original parties including Chief Minister Datuk Seri Hajiji Noor, who led 15 Bersatu assemblymen out of the party to join Gagasan Rakyat.
Some 10 of 25 Warisan assemblymen and four of 16 Sabah Umno assemblymen have also crossed the floor to join various parties in support of Hajiji's Gabungan Rakyat Sabah (GRS) government.
