Press Conference Statement {2} by Parliamentary Opposition Leader, DAP Secretary-General and HP for Tanjung, Lim Kit Siang, at the Penang DAP Headquarters at Kinta Lane, Penang on Saturday, 24th July 1993 at 11.30 a.m.
DAP calls on Dr. Koh Tsu Koon to convene an emergency meeting of Penang State Assembly in August to protest, and oppose the amendment of the Penang State Constitution by the Federal Government by amending the Eighth Schedule of the Federal Constitution without consulting the State Assembly or even the State Government
The Gerakan representatives in Parliament have done the people of Penang two great disservices in the Parliamentary meeting this week.
In their first great disservice to the people of Penang, the Gerakan representatives in Parliament, whether Minister, Deputy Minister or Member of Parliament, have shown that they are prepared to support and vote for the amendment, of the Federal Constitution for the sake of one person ~ to allow Tun Mustapha to become Federal Minister for Sabah Affairs without having to resign his Sabah state assembly seat as UMNO fears a defeat in such a by-election. However, the Gerakan representatives in Parliament are not prepared to support the amendment to the Federal Constitution to increase two new parliamentary seats for Penang state for the sake of over one million Penangites.
The second great, disservice to the people of Penang is that the Gerakan representatives supported and voted for an amendment to the Federal Constitution last Tuesday which showed utter contempt for the Penang State Government, the Penang State Assembly and the Penang State Constitution.
The Constitution Amendment (No. 3) Bill which was passed by the Dewan Rakyat on Tuesday after two days of debate contained another amendment which undermined the Penang State Constitution.
This is related to the amendment to Article 54(1} of the Federal Constitution to ban Parliamentary by-elections within two years of the completion of the full five-year term of Parliament.
As the last general elections was held on 21st. October 1990, this means that if any parliamentary vacancy arises after 21st October this year because of death or resignation, the people in the constituency affected would have no MP as there would be no by-elections for the two years before the completion of the full five-year term of Parliament.
This is a most undemocratic amendment denying the rights of the people to be represented by their elected representatives for up to two years. DAP MPs voted against this amendment while Gerakan representatives in Parliament voted for it.
However, the Barisan Nasional Federal Government was not content to ban parliamentary by-elections within the last two years of the completion of the full-term of Parliament, but it also wanted to ban State Assembly by-elections during this last two-year period as well.
The right and proper thing would be for the various State Assemblies to be convened to introduce a similar amendment to their respective State Constitutions – except that the Barisan Nasional had no confidence that it could get such an amendment approved with the necessary two-thirds majority in three states: Sabah, Kelantan and Penang.
To circumvent this problem, the Federal Government has done a most improper thing: It decided to amend the State Constitution of Penang as well as of the other 12 states by abusing its two-thirds parliamentary majority by amending the Eighth Schedule of the Federal Constitution so that State Assembly by-elections in the last two years of the completion of their full term are banned.
The Eighth Schedule of the Federal Constitution was an agreement by the various States and the Federal Government before Merdeka to harmonise state constitutions and not to empower to Federal Government to unilaterally override State Constitutions against the will of State Assemblies
The Eighth Schedule of the Federal Constitution was drawn up as an agreement reached between the Federal Government and the various states before the attainment of Merdeka in 1957 where all states agreed that they should take steps to harmonise their State Constitutions so that they contain certain ‘essential provsions1 spelt out in the Eighth Schedule.
The Eighth Schedule was never meant to empower the Federal Government to unilaterally override and amend State Constitutions against the will of State Assemblies, as this will completely undermine the Federal-state relationship of Malaysia.
In view of its history, the Eighth Schedule should not be amended, or only after consultation and agreement of all the States.
However, in the present case, the Federal Government never consulted the Penang State Assembly or even the Penang State Government when it decided to ask Parliament to amend the Eighth Schedule so as to alter provisions in the Penang State Constitution as well as the Constitutions of the other states.
DAP calls on the Penang Chief Minister to convene an emergency meeting of the Penang State Assembly in August to protest and oppose the amendment to the Penang State Constitution by the Federal Government by amending the Eighth Schedule of the Federal Constitution without consulting the Penang State Assembly, the Penang State Government or even the Penang Chief Minister.
Such an action must be deplored because it shows that the Federal Government has no respect whatsoever and has only utter contempt for the the Penang Chief Minister, the Penang State Government, the Penang State Assembly and the Penang State Constitution.