Speech by Parliamentary Opposition Leader, DAP Secretary-General and MP for Tanjung, Lim Kit Siang, at the Penang DAP State Leadership Conference held at Crown Princess Hotel, Tanjong Bungah on Sunday, 13th June 1993 at 9.30 a.m.
Dr. Koh Tsu Koon’s State Government has again shown another undemocratic face in the rejection of the DAP private member’s bill to amend the Penang State Constitution to increase six state assembly seats
The Penang State Government of Dr. Koh Tsu Koon has again shown another undemocratic face in the rejection of the DAP private member’s bill amend the Penang State Constitution to increase six state assembly seats for debate in the Penang state assembly.
I have been informed of the rejection by the Speaker, Datuk Abdul Rahman bin Haji Abbas, of both my private member’s bill to amend the Penang State Constitution to increase six state assembly seats and my motion for the State Assembly to ask Parliament to amend the Federal Constitution to increase two new parliamentary seats for Penang, so that in the new redelineation Penang will increase its 11 Parliamentary seats to 13 and its 33 State Assembly seats to 39.
Last week, Deputy Chief Minister , Dr. Ibrshim Saad, had said that the Barisan Nasional State Government and its backbenchers were prepared to debate the DAP private member’s bill in the State Assembly to amend the State Constitution for an increase of six state assembly constituencies.
This statement by Dr. Ibrahim Saad has proved to be rather dishonest, as how could Barisan Nasional State Government and its backbenchers claim to be prepared to debate the DAP private member’s bill to amend the State Constitution to increase six state assembly seats when the DAP private member’s bill had been ‘killed’ and prevented from being debated in the Penang State Assembly?
The Barisan Nasional Penang State Government is afraid of a debate over the DAP private member’s bill to amend the State Constitution it increase six state assembly seats because all the Barisan Nasional component parties know that the people of Penang support the DAP’s proposal for an increase of two new Parliamentary and six state assembly seats for Penang as compared to Barisan Nasiona’s proposal of an increase of three state assembly seats and no increase for parliamentary seats.
Penang Chief Minister, Dr. Koh Tsu Koon seems to be developing a very serious phobia the Penang State Assembly meetings as he is not only afraid of holding too many State Assembly meetings, but also frightened of the DAP’s private member’s bills and motions as to get them rejected.
Dr. Koh Tsu Koon has undemocratically and unconstitutionally stretched the six-month rule in the Penang State Constitution and State Assembly Standing Orders into a 12-month rule
I am disappointed that the Speaker of the Penang State Assembly, Datuk Abdul Rahman bin Haji Abbas, had given a ruling yesterday that there was no violation of the six-month rule in the Penang State Constitution and the Penang State Assembly Orders in separating the official opening by the Yang di Pertua Negeri Penang and its working State Assembly sittings by 11 days from 12 to June 23. By a most unreasonable and perverted interpretation of the six-month rule, Dr. Koh Tsu Koon has in fact undemocratically and unconstitutionally changed the six-month rule into a 12-month rule.
Dr. Koh Tsu Koon had relied on Penang State Assembly Standing Orders 118A which defined the meaning of a “meeting”, which said:
“ ‘meeting’ means any sitting or sittings of the Assembly commencing when the Assembly first meets after bring summoned at any time and terminating when the Assembly is adjourned for more than fourteen days or sine dine or the conclusion of a session.”
Standing Order 6(3) states: “There shall be a meeting of the Assembly once at least in six months, so that a period of six months shall not intervene between the last sitting in one session and the date appointed for the first sitting in the next session.”
Tsu Koon has used Standing Orders 118A to argue that it was all right to adjourn for 11 days. In fact, using such an unreasonable interpretation of standing Orders 118A, it would also be all right to adjourn for 14 days repeatedly after every day of sitting!
From Tsu Koon’s argument, we could end up with a 14-day State Assembly meeting being held over a period of over seven months, adjourning for 14 days after every day of sitting.
If the first day of the Penang State Assembly is on 1st January, then the 14-day State Assembly meeting which adjourns for 14 days after every day of sitting would not end until some time in the middle of July.
Now, applying the six-month rule, the State Assembly need not meet until the middle of January the following year.
We have then the ridiculous situation where a six-month rule aimed at ensuring that the State Assembly meets at least twice a year becomes a 12-month rule where the Penang Chief Minister need not convene a State Assembly for more than once a year!
This is why the Penang State Constitution should be amended to replace the six-month rule with a three-month rule.
Tun Mustapha would not be able to take up his Cabinet appointment until end of August or even September
The Prime Minister, Datuk Seri Dr. Mahathir Mohamed, announced two days ago that the government would be presenting a third constitutional amendment to Parliament in the July sitting.
Dr. Mahathir is creating history in introducing the most number of constitutional amendments in any one year – and it is most disturbing that the government has no respect for the sanctity of the Federal Constitution.
In any event, Tun Mustapha – for whose sake the government is amending the Federal Constitution for the third time this year – is unlikely to make up his Cabinet appointment as Federal Minister for Sabah Affairs until the end of August or even September, as the constitutional amendment has to go through the Dewan Negara, the royal assent and be gazetted first.
Dr. Mahathir has also announced another constitutional amendment for the July meeting of Dewan Rakyat – to bar by-elections within the two years before the next general elections on completion of the full-term of the legislature.
The last Sabah state general election was held in July 1990, and if this rule applies to the Sabah state assembly, this would mean that there could be no Sabah state assembly elections after July 1993.
However, such an amendment, even it is affected in the Federal Constitution by Parliament, will not apply to the Sabah state assembly seats unless the Sabah State Constitution is amended in the same fashion.
If the Sabah State Constitution is not amended in the same fashion, then the possibility of a by-election in Usukan State Assembly seat in Sabah – presently held by Tun Mustapha – before the next Sabah State general elections could not be ruled out.