Gerakan Youth concerns on flawed Private Member’s Bill by PAS pushing for Hudud implementation Andy Yong: Bill unconstitutional and should be rejected under Standing Order

Press statement by

Andy Yong Kim Seng

Gerakan Deputy Youth Chief cum

Head of Gerakan's Legal Team

29 May 2015

Gerakan Deputy Youth Chief Andy Yong Kim Seng expressed his concern over the latest report by MalaysiaKini which cited the Minister in the Prime Minister’s Department Jamil Khir Baharom that the implementation of Hudud in Kelantan must comply with the Federal Constitution. In addition, Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia had also met with PAS leaders on Hadi’s Awang Bill and was waiting for the government’s approval regarding 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.

“Historically, I do not think that there is ever a Private Member’s Bill by any Opposition Member of Parliament is once accepted or debated in the Dewan Rakyat before. If they allow it this time (as it is indeed included in the Order Paper in the last round, something is not right,” said Andy Yong.

Andy reiterated Section 49 (2) of the Parliament Standing Order that any application (i.e. bill) that is not in accordance to the federal laws should be rejected by the secretariat. This provision was previously used by the Speaker to reject other bills based on the rationale that it was unconstitutional. A good example would be 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 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.”

 

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