The MCA disciplinary board has the right to investigate party president Dr Chua Soi Lek for allegedly defying the party decision to shun government posts, the board said today.

This comes after the MCA presidential council last month rejected a complaint from its Wangsa Maju division on Chua's appointment as Penang Port Commission chairperson.

NONE Disciplinary board secretary Benson Foo ( left ) said upon receipt of a complaint initiated by the party presidential council, state liaison committee, division or branch, the board will, under Section 123A of the MCA constitution, proceed to investigate the complaint.

Foo said the party constitution does not provide any privilege or special right to the party president to be exempted from  being probed by the disciplinary the board.

"There is nothing in the party constitution to say that the disciplinary board cannot hear cases against party officials," Foo added at a press conference today.

However, board chairperson Michael Chan said that so far the board has not received any official complaint against Chua.

Two-third majority not needed for decision

Meanwhile, Foo said that a two-third majority of the central committee members at the central committee meeting to suspend the party membership of Tee Siew Kiong for three years was not needed, if he had resigned as a member of the committtee.

Tee, who is the Johor Pulai Sebatang state assemblyperson, was appointed a state exco member after the last polls , breaking away from the party's AGM decision in 2010 to reject government positions if it could not do better in the 2008 general election.

On June 20, MCA’s presidential committee accepted the disciplinary committee’s suggestion to suspend Tee’s membership which.Tee later appealed on the grounds that  he was bound by royal decree.

But before that, Tee had announced that he had resigned all his seven party posts, including his central committee membership, but not his life-long membership.

On Sept 5, the MCA central committee had decided to reverse the disciplinary panel’s recommendation.

MCA deputy president Liow Tiong Lai is pushing for an extraordinary general meeting for the suspension to be reinstated so as to respect the original decision.

Foo referred to section 47 of the party constitution which states  that the presidential council runs the party’s administrative affairs under the authority of the general assembly and the central committee.

He further stated that the presidential council can suspend or expel a committee member, if it wins two-thirds majority support from those present at the meeting, according to section 45.24 of the party constitution.

Foo also noted that the issue can be brought to the general assembly if such an endorsement is not forthcoming.

But, he said that should Tee resign from the central committee to become an ordinary party member or is an appointed central committee member, than the presidential council needs only half of the central committee members present to adopt the motion.

However, Chen said that the disciplinary board is not aware whether that motion, received half or two-third majority endorsement.

He also unsure that whether the party had accepted Tee's resignation at the time when the decision was arrived.