SEAT OF NON-CONSTITUENCY MEMBER OF PARLIAMENT

[Mr Speaker in the Chair]

Mr Speaker: Order. I have to inform the House that I received a letter from the Deputy Registrar of the Supreme Court stating that a Bankruptcy Order has been made on 5th May 2000 against Mr Joshua Benjamin Jeyaretnam. I also received a letter dated 6th May 2000 from Messrs Leo Fernando, Advocates & Solicitors, acting on behalf of Mr J B Jeyaretnam, in which it was stated that they would be filing a Notice of Appeal against the Bankruptcy Order made against Mr J B Jeyaretnam. The letter also stated "Mr Jeyaretnam is of the view that he should not be held to have vacated his seat in Parliament until the hearing of his Appeal".

I have sought the advice of the Attorney-General on the matter and he has advised that Mr Jeyaretnam's seat in Parliament was prima facie vacated on the day he was made a bankrupt. The words of section 75 of the Bankruptcy Act are clear in effect. The Non-Constituency Member has now filed a Notice of Appeal to the Judge of the High Court in chambers with the intent to appeal against the decision of the Assistant Registrar of the Supreme Court.

Therefore, I am of the opinion that it is not appropriate for me to ask Parliament to make a determination under Article 48 of the Constitution as to whether his seat has been vacated as the Member has filed an appeal.