96
United Nations — Treaty Series
1970
Disqualification for membership of Legislative Assembly.
- 17. (1) Subject to the provisions of this Article, a person is disqualified for being elected as an elected member or appointed as a nominated member of the Legislative Assembly if—
- (a) he is and has been found or declared to be of unsound mind ;
- (b) he is an undischarged bankrupt ;
- (c) he holds an office of profit other than that of Native Chief ;
- (d) having been nominated for election to either House of Parliament or to the Legislative Assembly, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required ;
- (e) he has been convicted of an offence by a court of law in any part of the Federation and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand dollars and has not received a free pardon in respect thereof;
- (f) he is disqualified under any law relating to offences in connection with elections to either House of Parliament or to the Legislative Assembly by reason of having been convicted of such an offence, or having hi proceedings relating to such an election been proved guilty of an act constituting such an offence ; or
- (g) he has voluntarily acquired citizenship of, or exercised rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country.
- (2) Paragraph (c) of clause (1) shall not apply to the appointment of a person as a nominated member.
- (3) The disqualification of a person under paragraph (d) or paragraph (e) of clause (1) may be removed by the Yang di-Pertua Negara and shall, if not so removed, cease at the end of the period of five years beginning with the date on which the return mentioned in paragraph (d) of that clause was required to be lodged, or, as the case may be, the date on which the person convicted as mentioned in paragraph (e) of that clause was released from custody, or the date on which the fine mentioned in that paragraph was imposed ; and a person shall not be disqualified under paragraph (g) of clause (1) by reason only of anything done by him before he became a citizen.
- (4) In paragraph (g) of clause (1) " foreign country " has the same meaning as in the Federal Constitution.
Tenure of seats of members.
- 18. (1) Every elected or nominated member of the Legislative Assembly shall vacate his seat in the Assembly on a dissolution of the Assembly.
- (2) An elected or nominated member shall also vacate his seat in the Assembly if—
- (a) he ceases to be qualified for election or appointment as such a member of the Assembly ;
- (b) he resigns his seat by writing under his hand addressed to the Speaker ; or
