File picture of Dr Ting Tiong Choon (centre) speaking to reporters in Kuching June 17, 2017. — Picture by Sulok Tawie

KUCHING, Feb 11 — There will be no by-election in the Pujut state constituency following the disqualification of Dr Ting Tiong Choon as its representative in the Sarawak State Legislative by the Federal Court over his dual citizenship status, Speaker Datuk Amar Asfia Awang Nasar said today.

He said the vacancy in Pujut arising from the disqualification occurred less than two years from the expiry of the current term of the Sarawak State Assembly which falls on June 2021.

He said this is stated under Article 21(5) of the Sarawak State Constitution.

“Furthermore, the vacancy does not affect the numerical strength of the party that constitutes a majority of all the members of the State Assembly where Gabungan Parti Sarawak (GPS) has the two-thirds majority in the State Assembly,” he told reporters when commenting on the disqualification of Dr Ting as a member of the State Assembly representing Pujut.

He said as such he will not be writing officially to notify the Election Commission on the occurrence of the vacancy.

“Without such notification, there will be no by-election,” he said.

Asked if Dr Ting will be asked to return all the salaries and allowances that he had received before his disqualification by the Federal Court, Asfia said, “Based on the ruling made by the Federal Court today, Dr Ting was never a lawfully elected representative of Pujut.

“As such, he should not receive the salaries and should reimburse. Once we have a copy of the Federal Court’s ruling, the secretary of the State Assembly will write to him asking for the reimbursement,” he said

Asked if Dr Ting will be eligible to re-contest in a future election since his disqualification as the Pujut assembly arose due to his dual citizenship, Asfia said it is up to the DAP.

“They can try,” he said.