PRESS STATEMENT BY YAB CHOW KON YEOW

PRESS STATEMENT BY YAB CHOW KON YEOW,

CHIEF MINISTER OF PENANG

KOMTAR, GEORGE TOWN, 13 APRIL 2022

On 12 April 2022, the High Court in Penang had allowed the Penang State Government’s application to refer the following question for determination by the Federal Court pursuant to Section 84 of the Courts of Judicature Act 1964 and Article 128 of the Federal Constitution -

“Whether Article 14A of the State Constitution of Penang is void for being inconsistent with the Article 10(c) of the Federal Constitution”

(“State Government’s Application”).

A copy of the High Court’s decision is enclosed herein.

The State Government’s Application was a response to the Originating Summons which was filed by the assemblymen of Seberang Jaya, Sungai Acheh, Bertam and Telok Bahang against the State Assembly of Penang and the Honourable State Assembly Speaker to (“Originating Summons”) –

challenge the constitutionality of Article 14A(1) of the State Constitution (“Article 14A(1)”); and
stop the four seats concerned from being declared vacant pursuant to Article 14A(1).

“Subject to this Article, a member of the Legislative Assembly shall vacate his seat if –

Having been elected as a candidate of a political party, he resigns or is expelled from, or ceases for any reason whatsoever to be a member of that party; or
Having been elected otherwise than as a candidate of a political party, he joins a political party”.

The Originating Summons is currently being stayed at the High Court pending the Federal Court’s decision on the constitutionality of Article 14A.
Notwithstanding the ongoing developments in respect of the proposed amendments to the Federal Constitution as well as the Anti-Hopping Law bill, the Penang State Government is committed as ever to ensuring that voters’ mandate remains paramount and that any action which tarnishes the public’s faith in the nation’s democratic process must be met with due consequences.