Tuesday, 30 April 2013

了解联邦与沙巴宪法 // Interpretation of the Federal and Sabah State Constitutions on PM and CM




The DAP N16 Luyang candidate Hiew King Cheu, who is also the DAP Sabah State Advisor Hiew King Cheu said that it is necessary to clarify on SAPP Yong Teck Lee’s statement because what he said on the position of the Prime Minister and Chief Minister are misleading. The Federal and State Constitutions are very clear on the appointments of the Malaysian Prime Minister and Sabah Chief Minister as follows:


N16路阳候选人邱庆洲,也是沙巴民主行动党州顾问今天表示,是必要纠正进步党杨德利的言论,因为他就联邦与沙巴宪法的解释具有误导性,尤其是有关首相和沙州首长的职位。 联邦和州的宪法里非常清楚的列出有关委任马来西亚首相和沙巴州首席部长职位的条规如下:


马来西亚宪法(联邦)43(第二条款)()条例
最高元首应先任命一位来自国会下议院、且依其判断能得该院大多数议员信任的议员为首相,以领导内阁。

沙巴州宪法是:

2(6)(3)
沙巴州元首应先任命一位来自州议会、且依其判断能得该州议会大多数州议员信任的议员为首席部长,以领导内阁。

2(6)(7)
对应于第3条款的规定,当一个政党赢得多数立法议会的民选议席在选举中,这政党的中选领导人,也是立法议会的成员将被委任为州议会之首,并须获得大多数议员信任

以上所述的是针对进步党杨德利的言论有关首相和首长职位的委任。大家需要认清及了解沙巴宪法第67)条例的重要性,任何政党只要赢得多数的州议席,该政党领袖需获得大多数众议员的信任和支持才能被委任为州首长。 因此很清楚看到,杨氏试图引用该特定的条例来误导沙巴人民对首长职位的委任。

N16路阳候选人邱庆洲呼吁沙巴人不要受到杨氏的言论所误导。 因为根据马来西亚联邦宪法第43(2)(a)条和沙巴州宪法的第26(3)6(7)条例,任何人或任何政党领袖,拥有多数的下议院或州议会成员支持的情况下,将获得委任成为联邦首相或沙州首长。

州和联邦宪法中规定的条款已经清楚瞻明这一点,身为律师的杨氏更应该清楚知道国州宪法。 他还表示说如果进步党在选举中赢得了多数的席位,依据“州宪法”的条例,首长的职位应由他来做,但是他必须赢取他所竞选的州席位。如果进步党没有赢得足够的席位来组织政府,大家都想知道他是否会考虑要求巫统合作以达成其目的?

Hiew King Cheu.
Calon N16 Luyang



Interpretation of the Federal and Sabah State Constitutions on PM and CM

The DAP N16 Luyang candidate Hiew King Cheu, who is also the DAP Sabah State Advisor Hiew King Cheu said that it is necessary to clarify on SAPP Yong Teck Lee’s statement because what he said on the position of the Prime Minister and Chief Minister are misleading. The Federal and State Constitutions are very clear on the appointments of the Malaysian Prime Minister and Sabah Chief Minister as follows:

Constitution of Malaysia (Federal)
Article Number 43 (2) (a)

The Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representative who in his judgment is likely to command the confidence of the majority of the members of that House.

and

Constitution of the state of Sabah
Chapter 2 (6) (3)

The Yang di-Pertua Negeri shall appoint as Chief Minister a member of the Legislative assembly who in his judgment is likely to command the confidence of a majority of the members of the Assembly

Chapter 2 (6) (7)
For the purpose of clause (3) of this Article, where a political party has won a majority of the elected seats of the Legislative Assembly in a general election, the leader of such political party, who is a member of the Legislative Assembly shall be the member of the Legislative Assembly who is likely to command the confidence of the majority of the members of the Assembly.

In rebuttal to the statement by Yong Teck Lee (SAPP), it is important to read properly the article 6 (7) of the Sabah State Constitution in its totality whereby only on the grounds that the political party has won the majority of the elected seats in the assembly can the leader of such a political party be “likely to command the confidence of the majority of the Assembly”. Therefore, it is very clear that Yong is trying to mislead the people of Sabah by partially quoting the particular sub-clause.

Hiew King Cheu advices the people not to be misled and confused by what Yong had said in his statement. His explanation does not mean anything because, as per Article 43 (2) (a) of the Malaysian Constitution and Chapter 2 sub-clause 6 (3) and 6 (7) of the Sabah State Constitution, any person or leader of any political party, for that matter, who has the majority of the members of the House (Parliament) or State Assembly supporting him, shall be the Prime Minister (Parliament) of Malaysia or in the case of the Sabah State Assembly, the Chief Minister.

The clauses stated in the state and federal constitution is very clear, and as a learned person, Yong should be able to see clearly what is written there. He also said if SAPP were to win a majority of seats in the election, then the Constitution states that the Chief Minister shall be SAPP if he wins his own seat. What if SAPP does not win enough seat to meet the majority, will Yong consider requesting help from UMNO?