High Court grants application by DAP MPs

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Gobind (third right) posing with (from left) Tan, Chieng Jen, Siew Chiang and others after the proceeding yesterday.

Gobind (third right) posing with (from left) Tan, Chieng Jen, Siew Chiang and others after the proceeding yesterday.

(From left) Poh, Taufik and Haresh outside the court room.

(From left) Poh, Taufik and Haresh outside the court room.

KUCHING: The High Court here yesterday allowed an application by two DAP MPs, Chong Chieng Jen and Julian Tan Kok Ping, who were charged with participating in street protest under Peaceful Assembly Act (PAA), to challenge the validity of Section 4(1)(c) and Section 4(2)(c) of the PAA and for the case to be heard in the Federal Court.

Justice Steven Chung Hian Guan agreed with the application after there was no objection raised by the prosecuting team over whether or not the mentioned provisions of law are consistent with Article 10 of the Federal Constitution.

Chung also ordered a stay of proceeding for Chong and Tan in the Sessions Court regarding the allegation pending the determination of the higher court.

The hearing date in the Federal Court is yet to be fixed.

Chong, the Bandar Kuching MP and state DAP chairman, along with Stampin MP Tan allegedly participated in the Bersih 4 rally with other persons still at large on Aug 29 last year between 2pm and 3pm beginning from the front of Hilton Hotel at Jalan Borneo passing through Tunku Abdul Rahman Road, Jalan Tabuan, Ban Hock road to Song Kheng Hai ground here.

The applicants were brought before the Sessions Court here in December last year and they claimed trial to the charge framed against them under Section 4(2)(c) of the PAA 2012 which provides for a maximum fine of RM10,000 and if convicted both will be disqualified from politics or elections for five years.

They later filed a notice of application seeking for their arrest to be nullified on the ground that it was unlawful and was made unconstitutionally.

The application was made to the High Court to refer certain questions of law to the Federal Court for determination of the questions whether Section 4(2)(c) is against Article 10(1)(a) and (b) of the Federal Constitution which decision is necessary for the determination of the proceedings.

The application was made under Section 30 of the Court of Judicature Act.

Chong and Tan were represented by a team of lawyers led by DAP national legal bureau chief Gobind Singh Deo alongside Chong’s father Chong Siew Chiang.

On the other hand, the prosecuting team consisted of Mohd Taufik Mohd Yusoff, Haresh Prakash and Poh Yih Tinn.