Chong deems dismissal of motion on durian hawker ‘most insensitive’

KUCHING (May 14): The Sarawak Legislative Assembly’s dismissal of a motion to discuss the situation of a durian hawker, who was forced to cease business at the Padungan seasonal fruit market, has been called “most insensitive”.

In saying this, Padungan assemblyman Chong Chieng Jen said he was disappointed the motion seeking a review of Kuching South City Council’s (MBKS) decision to issue the hawker with a notice to cease business was dismissed.

“To ask a hawker to resort to an expensive and tedious legal process to defend his rights to earn a basic living for his family is to impose an almost impossible burden on the hawker,” Chong said in a statement.

He explained the hawker had been paying MBKS’ daily licence fees for over 10 years until the council stopped collecting the fee recently, deeming the business ‘illegal’.

Chong called the council’s reason that Musang King is not considered a local seasonal fruit as “most absurd”.

“It is saddening to see, while the authority seems powerless in curbing rising crime rates, thefts, and robberies but is so effective and gung-ho in making it so difficult for a common citizen to earn a living legitimately,” he claimed.

He also voiced his dissatisfaction that the legislative branch of the government seemed to have failed to carry out checks and balances against executive decisions.

“It is also disheartening to note that, while the legislature has the power to put a check on unreasonable executive decisions, yet, it refrained from doing so, thereby condoning the executive to do as it wishes,” he claimed.

Announcing his ruling during the legislative sitting today, Speaker Tan Sri Datuk Amar Mohamad Asfia Awang Nassar said public interest must be upheld and the local council was within its authority when issuing the notice to cease business to the hawker, who had been operating illegally.

Mohamad Asfia also said the hawker may seek a judicial review over the decision to cease business through the courts and the House will not encroach on the right of the judiciary vested with power to review an administrative decision.