Plain facts about Tian Chua's seat

Every time an MP is sentenced in court, the same argy-bargy begins on whether he is disqualified, whether there will be a by-election, and all kinds of shit-stirring begins from interested parties. The press, too, has a vested interest, to keep the story running, produce churn and keep the issue alive. Yet the facts of the matter are all in the Federal Constitution.

Tian Chua's seat becomes vacant 14 days after the court decision. He has until July 1 to file an appeal or seek a pardon from the Yang di-Pertuan Agong. If not, the seat falls vacant on July 2.

1. Is Tian Chua disqualified as an MP? Yes.
2. For how long will he remain disqualified? Five years after release from jail or five years from date of fine.
   
3. Who decides if he is disqualified? The Federal Constitution. An MP is disqualified if sentenced to a jail term not less than one year or a fine not less than RM2,000. Article 48.1.1.e
4. His sentence? A fine of RM2,000 or six months' jail in default
5. He said he's not disqualified. He's wrong.
   
   

   RM1 to RM1,999.99	Less than RM2,000
   RM2,000.00	Equal to RM2,000 and therefore not less than RM2,000
   RM2,000.01	More than RM2,000

6. Can he serve the six months' jail instead? No. The sentence is RM2,000 fine or six months' jail in default.
   
   

   Pay the fine	Sentence served
   Don't pay the fine	Serve six months in jail as punishment for not paying the fine

7. If he didn't pay the fine and served the jail term? Still disqualified. The sentence is a fine of RM2,000. There was no jail term. The six months' jail is punishment for not paying the fine. It is not a sentence.
8. The judge said he did not want a by-election. He's wrong. The Constitution is the supreme law.
9. The deputy speaker said he can serve the jail term instead. The deputy speaker is an ass.
10. What happens now? The seat falls vacant 14 days after the court decision. If there is an appeal of the court decision, the 14 days apply from the date of the appeal decision. Article 48.4.4.b
11. Can Tian Chua appeal? He said last week he will not appeal. He said yesterday his lawyers will file an appeal. The Public Prosecutor can still appeal. If they do, it is usual for them to appeal for a stiffer sentence.
12. What next? During the 14 days he can apply to the Yang di-Pertuan Agong for a pardon. Article 48.3.3.
13. And then? The seat falls vacant immediately on the King's decision to reject a pardon. There is no more 14-day period. Article 48.4.4.c.
14. Does Parliament or the Speaker have power to decide? No. Article 53.1.1 gives power to the House to decide if there is doubt about a seat. The decision of the House is final. But when an MP has been convicted in court Article 53.1.2 removes the power of the House.

Wikisource: the Constitution of Malaysia The Federal Constitution (PDF file) at Attorney-General's Chambers