Is There A Handy Back Door Exit From Parliament


 

From Christopher Leong
Many Malaysians, myself included, read the news of the Dewan Rakyat proceedings held on July 26 with some bemusement, concern and consternation at the legal sleight of hand and artful antics displayed within the august House.
It has been reported that the federal government – via the minister in the Prime Minister’s Department (Parliament and Law) – had announced in the Dewan Rakyat that the government had decided, based on Article 150(3) of the Federal Constitution, to revoke the six emergency ordinances that had been promulgated during the operation of the relevant Proclamation of Emergency.
The minister was reported to have gone on to say that the issue of annulment is therefore no longer relevant.
However, did the minister say (and mean) that the six emergency ordinances have been in fact (quietly) revoked as of July 21, or did he say (and mean) only that a decision has been made to revoke the said ordinances? This is entirely unclear.
The minister has declined to answer questions in the Dewan Rakyat, relying on a ruling by the speaker that the minister would respond to questions on Monday, Aug 2.
Clarity on this matter has a vital bearing upon the ongoing proceedings in Parliament and on the rights of MPs to have a motion in relation to the Proclamation of Emergency and the said ordinances accepted, tabled, debated and decided.
Since a proclamation and ordinance are made under the hand of the Yang di-Pertuan Agong (albeit upon advice of the Executive government), they can then be revoked only under the said hand of the Agong. This is different from an annulment by resolution in the Houses of Parliament.
Article 150(3) provides that “a Proclamation of Emergency and any ordinance
promulgated … shall be laid before both Houses of Parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed by both Houses annulling such proclamation or ordinance …”
Since the imperative “shall” is used, it is thus mandatory that a proclamation or ordinance, once promulgated, be laid before both Houses of Parliament, even if they were revoked. This is to ensure accountability to Parliament.
Although it is not specified that a motion must necessarily accompany the laying of a proclamation and/or ordinance before both Houses of Parliament, any member of Parliament is nevertheless entitled to submit a motion and have it tabled and debated in both Houses of Parliament to seek a resolution to annul the proclamation and/or ordinance, if the proclamation and/or ordinance had not been earlier revoked.
This entitlement of any member of Parliament is a constitutional right which cannot be abrogated by any Standing Order regulating proceedings in both Houses of Parliament.
Standing Orders provide for the procedures of the Houses and are made pursuant to Article 62(1) of the Federal Constitution, which expressly provides that the Standing Orders are subject to, and therefore subordinate to, the Federal Constitution. Standing Orders are therefore the servants of the Houses, and not their masters or mistresses.
This is also bearing in mind that a special sitting of the Dewan Rakyat under Standing Order 11(3) is not about “government business”, but about matters upon which “public interest requires that the House should meet”. Hence, the usual precedence of government business or motions should not apply.
Any motion submitted by any member of Parliament seeking a resolution for the annulment of a proclamation and/or ordinance laid before (or to be laid before) the Houses of Parliament pursuant to Article 150(3) ought not to be frustrated, irrespective of whether it is a regular/usual sitting or otherwise; and irrespective of whether the motion was submitted strictly in compliance with the Standing Orders or otherwise.
Facilitation and accommodation of such a motion are demanded by
the Federal Constitution.
The purpose of formal written notice under Standing Order 11(3) is to inform members of Parliament of a special sitting and the nature of business intended to be addressed thereat.
If any member knows of these from public reports, namely that the Dewan Rakyat is to convene and sit for five days from July 26 to Aug 1 for the purpose of, among other things, laying before it the Proclamation of Emergency and the six emergency ordinances, then the purpose intended by the provision for formal notice has been achieved.
Thereafter, any motions submitted for consideration of the august House, albeit before a formal written notice has been issued pursuant to Standing Order 11(3), ought to be accepted.
A purposive approach – that is, one that achieves the intended objective – ought to be the standing order of the day.
Alternatively, a quick confirmation with the member of Parliament who submitted the motion, that his or her motion is taken to have been re-submitted and effective as at the date of the formal written notice, would suffice to have facilitated the spirit and purpose of having the special sitting in the public interest with regard to the Proclamation of Emergency and the six emergency ordinances under Standing Order 11(3) and Article 150(3) of the Federal Constitution.
In any event, the Proclamation of Emergency is amenable to a motion for annulment, at least until the expiration of Aug 1 (unless earlier revoked).
It was reported that, amid the confusion, the prime minister left the building – leaving some to wonder as to when he did so, and through which exit. - FMT
Christopher Leong is a director of the board of IDEAS (Institute for Democracy and Economic Affairs).
The views expressed are those of the writer and do not necessarily reflect those of MMKtT.


Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

http://malaysiansmustknowthetruth.blogspot.com/2021/07/is-there-handy-back-door-exit-from.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+MalaysiansMustKnowTheTruth+%28Malaysians+Must+

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
Mp Renews Call For Ipcmc After Cops Bar Mps From Parliament

Mp Renews Call For Ipcmc After Cops Bar Mps From Parliament

papar berkaitan - pada 3/8/2021 - jumlah : 210 hits
Ipoh Barat MP M Kulasegaran renewed calls for an Independent Police Complaints and Misconduct Commission after police yesterday barred MPs from entering Parliament Kulasegaran said he lodged a police report over but cannot expect the police...
Critical Contact Tracing Strategy Missing From Adham S Parliament Speech Pua

Critical Contact Tracing Strategy Missing From Adham S Parliament Speech Pua

papar berkaitan - pada 28/7/2021 - jumlah : 241 hits
Health Minister Dr Adham Baba has been criticised for avoiding the find trace test isolate and support strategy during his speech in Parliament yesterday In a statement today Damansara MP Tony Pua said it was completely surreal that Adham s...
Kl Police Chief Cops Not There To Stop Mps Entering Parliament Only To Halt Illegal Rally

Kl Police Chief Cops Not There To Stop Mps Entering Parliament Only To Halt Illegal Rally

papar berkaitan - pada 3/8/2021 - jumlah : 272 hits
Kuala Lumpur police chief Azmi Abu Kassim today said the police did not have a problem with MPs entering Parliament and had instead assembled outside the august House to stop an illegal rally This was despite riot police forming a phalanx a...
Let Those Who Fear For The Nation Attend Parliament On Monday

Let Those Who Fear For The Nation Attend Parliament On Monday

papar berkaitan - pada 2/8/2021 - jumlah : 284 hits
MP SPEAKS DAP condemns the unconstitutional postponement of Parliament as a desperate attempt by Prime Minister Muhyiddin Yassin to prevent full accountability and transparency over his failure to handle the Covid 19 pandemic economic crisi...
Dr Noor Hisham Four Samples Of Positive Covid 19 Cases In Parliament Most Likely Delta Variant

Dr Noor Hisham Four Samples Of Positive Covid 19 Cases In Parliament Most Likely Delta Variant

papar berkaitan - pada 2/8/2021 - jumlah : 312 hits
Dr Noor Hisham Bernama photo KUALA LUMPUR Four samples of genome related to the positive Covid 19 cases in Parliament screened on July 29 are most likely to be Delta variant based on the current circulation of variants in Malaysia Health di
Parliament Deferred Again

Parliament Deferred Again

papar berkaitan - pada 2/8/2021 - jumlah : 222 hits
This is unbelievable that Parliament once again has to be deferred If this goes on how long more can we call ourselves a parliamentary democracy while keeping a straight face Aliran has responded to this The post appeared first on
Pkr Mp Lodges Report Over Denial Of Entry Into Parliament

Pkr Mp Lodges Report Over Denial Of Entry Into Parliament

papar berkaitan - pada 2/8/2021 - jumlah : 200 hits
Johor Bahru MP Akmal Nasir with Batu MP P Prabakaran outside the Dang Wangi police station after lodging the report KUALA LUMPUR PKR s Johor Bahru MP Akmal Nasir has lodged a police report against alleged culprits who he claimed had been or...
Suspend Parliament Meetings For Two Weeks Says Noor Hisham

Suspend Parliament Meetings For Two Weeks Says Noor Hisham

papar berkaitan - pada 2/8/2021 - jumlah : 356 hits
PETALING JAYA All meetings at Parliament House should be suspended for two weeks starting from Thursday said health director general Dr Noor Hisham Abdullah In a statement today he said the suspension was necessary based on the current risk...
How Can Ppvs Operate After Positive Cases But Parliament Can T Asks Najib

How Can Ppvs Operate After Positive Cases But Parliament Can T Asks Najib

papar berkaitan - pada 1/8/2021 - jumlah : 292 hits
Monday s Parliament sitting had been indefinitely postponed by Prime Minister Muhyiddin Yassin in line with the health ministry s risk analysis of the Covid 19 situation PETALING JAYA Former prime minister Najib Razak has questioned why Par...
Rasa Masakan Korea Soondubu Jigae Beef Di Dubuyo

China S President To Host Official Dinner For Anwar

Drama One Cent Thief 2 Lakonan Syafiq Kyle Azira Shafinaz

I Bought A Toy Like Vape Online Mp Tells Dewan Chamber

Unlocking Savings Expert Tips For Finding Discounted Cigarettes In Australia

Kips Bay Decorator Show House Dallas 2024 An Exquisite Showcase Of Design

India Secebis Kenangan Di India Random Photos

Anwar Slams Hypocritical Criticism Over His Response To Najib S Apology


echo '';
Biodata Terkini Penyanyi Illa Sabry Peserta Gegar Vaganza 2024 Musim 11 GV11

Info Dan Sinopsis Drama Berepisod Senyawa iQIYI Malaysia

Info Dan Sinopsis Drama Berepisod Project Projek Exit Astro Originals

Pelajari Asal Usul Nama Makhluk Seram Kisah Fiksyen Barat Yang Terkenal

10 Fakta Filem Kahar Kapla High Council Yang Ramai Tak Tahu Prekuel Drama Project Projek High Council


Konsep Wadiah Pengertian Hukum Dan Rukun Dalam Perspektif Syariah

Sayonara Iza Arina

Build A Strong Team For A Startups

Simple Menu Untuk Dinner

Lirik Lagu Pendam Rasa Evanatie

Kolaborasi Skin Hero Mobile Legend X Naruto Spipudden