Saturday, May 22, 2010

New definition on "State Assembly" from Sarawak DUN Speaker

The Sarawak State Legislative Assembly Speaker has given a new definition to "State Assembly" when he made a ruling to bar suspended Assemblypersons from entering the compound of the State Legislative Assembly, including the State Legislative's parks, carparks, open space, fences etc.
He made this ruling when referring to several bids of PKR Assemblyman for Padungan, YB Dominique Ng to enter the State Legislative Assembly after the assemblyman was suspended from the State Assembly on 18th May 2010.
I found this ruling interesting in relation to an ongoing legal lawsuit against several PR Selangor Assemblyman, especially YB Ng Suee Lim, assemblyman for Sekinchan when he was served a legal notice by a lawyer representing YB Dato' Seri Dr. Mohd Khir Toyo in the carpark of the Selangor State Legislative Assembly.
If the ruling of the Sarawak Speaker can be made as a case law, then certainly the legality of serving legal notice in the state assembly can be disputed. Assemblypersons enjoy immunity from legal action when speaking in the State Assembly. Conventionally, the term "State Assembly" is defined as the chamber of the State Assembly but when the Sarawak Speaker broadens the definition of the "State Assembly" to include its "parks, carparks, open space, fences etc", then certainly assemblypersons who speak in these areas or places are automatically enjoying immunity from being charged in civil court.
Similarly, assemblypersons who speak in press conferences outside the chamber but within the compound of the state assembly also enjoy similar immunity.
Isn't this funny?
News cutting from Sarawak Chinese Daily, International Times:
新闻更新 >> 08:20 2010-5-22
砂议长:被禁足州议会议员 不能踏进议会范围
(古晋21日讯)被禁足州议会的议员,是不能踏进议会范围,包括花园和停车场、建筑物公开场所、篱笆附近等的范围,否则又是犯规的行为。
州立法议会议长拿督斯里阿斯菲雅今日在州立法议会进行议员辩论的环节作严正声明,已被禁足议会的议员,在禁足令期间,不仅是连公众席不被允许进入,议会范围也都不许踏足半步。
他谴责浮罗岸区议员黄锦河已于本月19日被议会裁决禁足议会,该禁足令是即日生效,但后者却在20日要硬闯议会的做法是全然抵触议会常规。
他指出,在议会常规第14(2)条文下已阐明,被禁止出席议会的任何一名议员,是不准再进入议会建筑物范围,也不能在公众席当听众。
议长表示,他于今日接获黄锦河函件,提出到议会大厦公众席旁听和获取议会开会记录的2项要求。
他说,议会驳回黄锦河提出在公众席旁听的要求,惟接纳另一项请求,即是已指示议会秘书为黄君提供每日议会开会记录。

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