Serving as leading counsel, Gobind Singh Deo told reporters here today that the application to refer the matter, in regard to the constitutionality of the arrests, would be heard in the Kuching High Court on Monday.
Also present at today’s press conference were Chong and Tan themselves as well as Chong’s father, Chong Siew Chiang, who is also serving as legal counsel along with Tan Kee Heng.
Last December Chong and Tan, who are Bandar Kuching and Stampin MPs respectively, were charged in the Sessions Court under section 4(2)(c) of the PAA.
The case has yet to be heard. DAP said it has filed an application to the High Court to refer certain questions of law to the Federal Court for determination.
“We believe Section 4(2)(c) of the Peaceful Assembly Act is against Article 10 of the Federal Constitution, and therefore is illegal, and (should) be made null and void. We hope that this provision would be declared illegal,” Gobind said.
“If the learned judge agrees with us, then of course he has the power to refer the matter to the higher court for determination. The judge will decide whether a constitutional conflict arises, and would then refer to the Federal Court. His duty tomorrow is to decide whether there is an issue,” he added.
Judge Stephen Chung is expected to be presiding over the case.
Chong and Tan were charged for contravening Section 4(2)(c) of the Act for participating in the Bersih 4 rally, which started at the Kuching Hilton and ended at the Song Kheng Hai rugby grounds on August 29.
The case involves a maximum fine of RM10,000. Upon conviction, both will be disqualified from politics and elections for five years.
Chong, who is a Sarawak DAP leader, told reporters that lawmakers from his party were being targeted by the ruling government.
“Since the 2013 national election, numerous DAP MPs, state assemblymen and women have been subjected to political prosecution.
“The latest example is Lim Guan Eng,” said Chong, referring to the Penang Chief Minister who was charged with two graft-related offences on June 30 linked to the purchase of a bungalow at below-market-price last year and an alleged improper change of state land use.
Lim has pleaded not guilty at the Penang High Court on both charges.