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May 16, 2008

The mysterious pamphlet in Parliament

malaysianinsider - [...] The pamphlet noted that this was not the first time Umno and its coalition partners ruled without a two-third majority in Malaysia's history, which it disclosed would not prevent the passing of bills or budget.

"This is not the first time the Alliance/Barisan did not gain a two-thirds majority. In 1969, the alliance failed to secure more than 50% vote and failed to obtain a 2/3 majority. Tun Razak ruled the country from Feb 20, 1971 to the 1974 elections on a simple majority in the Dewan Rakyat."

Those behind the pamphlet also said anti-defection laws are currently defective as it breached the freedom of assembly guaranteed under Article 10 of the Federal Constitution.

As the current government did not have a two-third majority in Parliament, the pamphlet had the advice to draft an Emergency Ordinance to provide:

"i) Anyone who is expelled or resigns from the party on whose ticket he was elected to the Dewan must vacate his seat and return to the electorate at a by-election.

ii) Alternatively, provide that the 'hopper' is disqualified to contest for five years. This will be similar to Article 48 (6) which deals with those MPs who resign from the Dewan Rakyat."

It noted that the Emergency Ordinance can be enacted outside Parliament and only required the king's consent if there was an emergency in operation and if the two Houses in Parliament were not sitting concurrently, both of which is the case in Malaysia now.

"This ordinance is justified because 'collapse of civil government' is a form of 'emergency' as laid down by the Privy Council in Stephen Kalong Ningkan vs Government of Malaysia (1968)," it said.>> selanjutnya


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