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 dated 22nd January 2001 from the Deputy Registrar of the Supreme Court stating that a Bankruptcy Order was made by the High Court on 19th January 2001 against Mr J B Jeyaretnam. On 23rd January 2001, Mr Jeyaretnam informed me that he had filed an appeal in respect of the Order. The Deputy Registrar informed the Clerk of Parliament on 7th February 2001 that the appeal by Mr Jeyaretnam was dismissed by Justice Tan Lee Meng on the said date.

Mr Jeyaretnam has written to me on 19th February 2001 that he has filed a Notice of Appeal to the Court of Appeal against the Order made on 7th February 2001. Mr Jeyaretnam also stated, and I quote:

"I trust there will be no difficulty in my continuing to attend Parliament in accordance with the practice stated in the Constitution until the appeal has been heard and disposed of."

I have sought the advice of the Attorney-General on the matter and he has advised that "Parliament should wait until Mr Jeyaretnam has exhausted his right of appeal to the Court of Appeal."

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.