Speaker should not allow Pas bill in – Andy Yong (29.5.15)

It has been reported recently (28.5.2015, Malaysiakini) that the Minister in the Prime Minister’s Department Jamil Khir Baharom reiterated the implementation of Hudud in Kelantan must comply with the Federal Constitution.

Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia who has met with Pas leaders (Malaysian Insider, 28.5.215) is now studying Hadi Awang’s Bill and awaiting government’s approval whether to allow it to be included in the Dewan Rakyat’s Order Paper. The motion was listed in the last Parliament sitting to amend the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) but did not make it to the first reading due to other government bills.

To this, Parti Gerakan Rakyat Malaysia National Deputy Youth Chief Andy Yong avers that “historically, I don’t think there was ever a Private Member Bill by any Opposition Member of Parliament was once accepted or debated in the Dewan Rakyat before. If they allow it this time (as it was indeed included in the Order Paper in the last round), something is not right”. Andy is also the lawyer leading the Gerakan Legal Team in the Hudud suit at the Federal Court which is fixed for case management on 4.6.2015.

He added “section 49(2) of the Parliament Standing Order expressly stated that if it appears any application ie bill is not in accordance to the federal laws, the secretariat should rejects it. This provision was used by the Speaker previously to reject other bills by reason of being unconstitutional, for instance the Social Inclusion Act. If that is the position, the more so the Speaker should disallow Hadi’s bill as it is an attempt to circumvent the constitutional process by amending Act 355 in order to allow Hudud Pas to be implemented. In addition the amendment to Act 355 as in the proposed Bill is clearly inconsistent with the Penal Code, so I do not see any difficulty in disallowing it”.

“I reiterate that by doing the above and if the bill is passed, Pas is practically re-writing the basic structure of the Federal Constitution; in a cunning manner. Hence the Speaker should not allow it to be tabled in the Parliament”.