28 April, 2009

OPEN UP UNSOLD UNITS IN ASM & ASW TO ALL MALAYSIANS IF UNSOLD AFTER 6 MONTHS!

I refer to recent reports that 999 million units of Amanah Saham Malaysia (ASM) shares allotted to the Chinese have all been sold out, being part of the additional 3.33 billion units of ASM which went on sale on last Monday.

Based on recent reports, the sale of the ASM units allocated to the Bumiputras were not encouraging. This may be due to the existence of other products offered exclusively by Permodalan Nasional Berhad to bumiputras, such as Amanah Saham Bumiputra.
As such, I would like to call upon Permodalan Nasional Berhad (PNB) to open up any unsold portion of the ASM units to all Malaysians (including Amanah Saham Wawasan and other future similar product by Permodalan Nasional Berhad) if the same continued to remain unsold after the expiry of six (6) months from the launch of sale.

The opening up of the unsold portion after the expiry of six (6) months from the launch of sale would still permit Bumiputra to purchase the said units. However, I fully agree for the limitation of investment to 20,000 units per person should remain even after the expiry period.

26 April, 2009

READING MY PROPOSAL TO EC IN THE CONTEXT OF PERAK CRISIS

One of the items in my recent proposal to the Election Commission on 18th April, 2009 was, amongst other, to amend Article 48(6) of the Federal Constitution so that assemblyperson who wishes to change allegiance to a party can resign and hold a by-election.

Article 48(6) of the Federal Constitution

“A person who resigns his membership of the House of Representatives shall, for a period of 5 years beginning with the date of which his resignation takes effect, be disqualified from being a member of the House of Representatives.”

Note:


1. There is a similar provision in each and every state in our country in respect of state assemblyperson. Example: Article 13(5) of the Penang Constitution and Article 31(5) of the Perak Constitution.

2. Currently, there is no provision in the Federal Constitution or any other law in our Malaysia which exempts the five (5) years ban.


Consensus before Election

I do not agree for assemblyperson to switch party allegiance unless the assemblyperson had obtained the mandate from the people via a by-election. This is based on the principle of "Consensus before Election".

As the assemblyperson was elected based on his/her individual capacity as well as his/her party’s standing (or being independent as the case maybe), it is only appropriate that any switch of his/her allegiance must seek the consent of the people at the constituency.


Can the assemblyperson in Perak resign in order to seek a fresh mandate from the people to switch party allegiance via by-election?

Based on the current law provided under Article 48(6) of the Federal Constitution and the respective state constitution, such an option is not possible as the resignation would mean that the assemblyperson would be disqualified from contesting in the by-election.

Obviously, some may argue that why not the assemblyperson resign and let others to serve the constituency? Such reasoning maybe valid only if we assume that the assemblyperson no longer wishes to serve his/her people in the constituency. However, at this juncture, there is no such indication by any of the 3 assemblyperson in Perak.


Would dissolving the state assembly in Perak solve the crisis?

Should the state assembly in Perak be dissolved to pave way for a fresh state election, the 3 assemblyperson can contest in their respective constituency and thus, letting the people in their respective constituency decide whether they are agreeable to the switch of allegiance by the assemblyperson. However, the implication of holding a whole state election would be the substantial financial burden to the government, as well as other resources and the people’s time.

Dissolving the whole state assembly to solve an issue arising from 3 state legislative seats is akin to “hitting an ant with a hammer”.

Instead, I am of the view that the crux of the problem in this crisis lies in the flaw of Article 48(6) of the Federal Constitution and the similar provision in the respective state constitution.

It would be better if the 3 assemblyperson be allowed to resign and seek a fresh mandate from the people to switch party allegiance.

Thus, I have proposed to the Election Commission to amend Article 48(6) of the Federal Constitution (and the respective state constitution) so that the 5 years disqualification should not be applicable to assemblyperson who wishes to resign in order to obtain a fresh mandate from the people for the assemblyperson to change allegiance to a party (or to renounce as the case maybe).


Should there be a provision in law to prevent change of allegiance of an assemblyperson to a party?

In my opinion, an assemblyperson cannot be forced to align with any political party. The predominant duty of an assemblyperson is to serve the people in his/her constituency. The association of an assemblyperson with a political party should be construed as merely a form of assistance to the assemblyperson to better serve the people in his/ her constituency as a group. Thus, should the assemblyperson view that the political party no longer able to assist the duty of the assemblyperson to serve the people, then it is only right that the assemblyperson reconsider his/her association with that political party.

However, as said earlier, the assemblyperson should seek a fresh mandate from the people at his/her constituency based on the principle of “Consensus before Election”.


Should there be a provision in law to compel the 3 assemblyperson to resign and seek a fresh mandate from the people in the event of change of allegiance to a party?

I am of the view that the Election Commission should also make recommendation for provisions in law to compel assemblyperson to resign and seek a fresh mandate from the people in the event of change of allegiance to a party.


Conclusion


Prior to the amendments in law, any attempt to resolve the Perak crisis would only be in the short term interest and be futile in the long term.

I reckon that it would be better if both leaders of Barisan Nasional and Pakatan Rakyat would work together in reviewing the election laws in Malaysia and make the appropriate recommendations to the Election Commission for the benefit of Malaysians.

24 April, 2009

My Response to Y.B. Lim Kit Siang

I refer to the statement made by Y.B. Lim Kit Siang against Gerakan Youth Kedah and my proposal for the imposition of the penalty for unreasonable resignation by assemblyperson, which was sent to the Election Commission on 18th April, 2009 (details of the proposal can be found at tankengliang.blogspot.com). The statement by Y.B. Lim Kit Siang can be seen at his blog at www.limkitsiang.com on 21st, 22nd and 23rd April. 2009. The chronology of events are as follows:-

On 21st April, 2009
http://blog.limkitsiang.com/2009/04/21/why-there-should-be-by-elections-in-the-three-state-assembly-seats-of-jelapang-behrang-and-changkat-jering-in-perak-and-the-parliamentary-seat-of-kulai/
In reference to my proposal, Y.B. Lim Kit Siang states that “Kedah Gerakan Youth belongs to a substantial group in the Barisan Nasional quite lacking in grey matters as to have such silly ideas”.

On 22nd April, 2009
http://blog.limkitsiang.com/2009/04/22/ec-what-moral-right-has-it-to-propose-law-changes-to-deal-with-unnecessary-by-elections/
Y.B. Lim Kit Siang went on to state that he found “it shocking that the Election Commission Chairman Tan Sri Abdul Aziz Mohd has told Sin Chew Daily that the Election Commission is very serious about silly proposals to amend current elections laws to impose monetary penalty of RM100,000 or higher to prevent such “unnecessary by-elections” except in cases of death, illness or other conditions causing MPs or Assemblymen to be unfit to perform their duties”.

On 23rd April, 2009
http://blog.limkitsiang.com/2009/04/23/election-commission-explain-strangeextraordinary-behaviour-reinforcing-public-suspicions-about-its-independence-professionalism-and-integrity/
Y.B Lim Kit Siang again questions whether the Election Commission is “seriously suggesting that apart from cases of death, disqualification of the Member of Parliament or State Assembly member because of bankruptcy, unsound mind, criminal conviction or acquisition of foreign citizenship, all resignations by elected representative will cause “unnecessary by-elections” and should be barred such as fines amounting to RM100,000 or above”.


In view of the aforesaid, I wish to state that:-

1. The series of events which are occurring lately in our country should be viewed as signs that our country elections law maybe outdated and need to be reviewed for the benefit of the people and our country.

2. Y.B. Lim Kit Siang should understand that my proposals to Election Commission are meant for the benefit of Malaysians and covers not only imposition of penalty for unreasonable resignation. The proposal also includes, among others, amendments to Article 48(6) of the Federal Constitution to exempt the 5 years disqualification of an assemblyperson should the purpose of the resignation is to seek a fresh mandate from the people for the change of party in view of the situation in Perak.

3. As a senior politician, Y.B. Lim Kit Siang should know that he should read my whole proposal before making any comment. A copy can be sent via fax to him should he wishes so;

4. The repeated labeling by Y.B. Lim Kit Siang of the proposal to impose monetary penalty of RM50,000 (for state assemblyperson) and RM100,000 (for MPs) for unreasonable resignation as silly are totally uncalled for as I am merely giving my views as a Malaysian. For his further info, the quantum of the penalty took into account the salary of the assemblyperson.

5. The Chairman of the Election Commission, Tan Sri Abdul Aziz Mohd Yusuf and his deputy, Datuk Wan Ahmad Wan Omar were only acting professionally to consider the view of all Malaysians in order to improve the elections law in Malaysia. As such, I totally disagree with the criticism by Y.B. Lim Kit Siang against them.

6. Instead, Y.B. Lim Kit Siang should allow the Election Commission to study any possible review of the elections law. And if he wishes so (instead of just making postings in his blog), he could submit an official proposal of any review that he deems fit for the consideration of the Election Commission, which would be a more constructive assistance to Malaysians.

Thank you.

21 April, 2009

Consensus Before Election

I have read some comments and opinions that suggested I am supporting the so called "party hopping" in Perak.

On the contrary, my position had been stated clearly in my proposal to the Election Commission (see my post earlier). In there, I do not agree to party hopping unless the assemblyperson had obtained the mandate from the people via a by-election. This is based on the principle "Consensus before Election".

Thus, I have earlier proposed amendment to Article 48(6) of the Federal Constitution by allowing exemption for situations when the resignation is to call for a by-election to seek the mandate from the people. However, the proposed monetary penalty for the resignation would still be applicable and only be halved (i.e. 50% discount).

Note: Federal Constitution (Article 48(6)) and the provision of the state constitution (such as Penang Constitution – Article 13(5)), provides that a person who resigns his membership of the House of Representatives or Legislative Assembly of the State shall, for a period of 5 years beginning with the date on which his resignation takes effect, be disqualified from being a member of the House of Representatives or Legislative Assembly of the State.

In any event, I loud the statement by Election Commission Chairman, Tan Sri Abdul Aziz Mohd Yusof for considering amendment to Elections Act in order to stop unreasonable resignation by assemblyperson.

20 April, 2009

PROPOSED AMENDMENT TO CURRENT ELECTION LAW

Under the current law, such as the Federal Constitution (Article 48(6)) and the provision of the state constitution (such as Penang Constitution – Article 13(5)), a person who resigns his membership of the House of Representatives or Legislative Assembly of the State shall, for a period of 5 years beginning with the date on which his resignation takes effect, be disqualified from being a member of the House of Representatives or Legislative Assembly of the State.

It is noted that the existing provision for such situation is not comprehensive as:-

(a) it does not penalize an assemblyperson who does not wish to continue to contest as an assemblyperson in the near future; and

(b) it does not ensure that the party which the assemblyperson belongs to (save as for independent candidates), being made responsible for such resignation and thus, making the party more prudent in choosing the candidate in future.

As such, I am of the view that the Election Commission should take the appropriate steps to propose amendment to the Election Act 1958 (including other related act and regulations) as follows:-

(i) that there shall be a monetary penalty of RM50,000 (for State Legislative Assembly) and RM100,000 (for the House of Representatives) to those assemblyperson who resign his membership of the House of Representatives or Legislative Assembly of the State, save as by reason of death, illness or other conditions rendering the assemblyman unfit to discharge his duties. However, if the resignation is by-reason of seeking a fresh mandate from the people for the assemblyperson to enter into another party or coalition, the monetary penalty shall be halved; and

(ii) that the party which the assemblyperson belongs to, shall be disqualified from contesting at the constituency of the assemblyperson, for a period of 5 years beginning with the date on which the resignation takes effect. However, such disqualification should not prohibit other party within a coalition which the party belongs to contest at the by-election or that the resignation is by-reason of seeking a fresh mandate from the people for the assemblyperson to enter into another party or coalition

Note:
1. The difference for the proposed monetary penalty for the State Legislative Assembly and the House of Representative is due to the cost in holding a by-election for the respective area.

2. I am of the view that an assemblyperson shall not be penalized severely (including the party) should the reason of the resignation is to obtain a fresh mandate from the people for the assemblyperson to enter into another party or coalition. In fact, our current legislation prohibits an assemblyperson from obtaining a fresh mandate from the people for the assemblyperson to enter into another party or coalition as such assemblyperson would be disqualified from contesting for a period of 5 years.

(iii) I would also propose that the current provision in Federal Constitution (Article 48(6)) and the provision of the state constitutions, for the disqualification of an assemblyperson for a period of 5 years, should not be applicable to assemblyperson who wishes to obtain a fresh mandate from the people for the assemblyperson to enter into another party or coalition. However, the proposed monetary penalty (though being halved) should still be applicable.

I hope that the aforesaid proposals can be considered and the series of events which are occurring lately in our country should be viewed as signs that our country election laws need to be reviewed for the benefit of the people and our country.

Thank you.
(extract from my proposal letter to the Election Commission dated 18th April, 2009)

16 April, 2009

An Outrageous Resignation & PKR Should Take Responsibility By Letting PAS or DAP Be Pakatan Rakyat's Candidate For Penanti

I would like to declare my disappointment over today’s resignation announcement by Parti Keadilan Rakyat (PKR)’s, Mohammad Fairus Khairuddin as Penanti assemblyman.

The reasons given out by him for his resignation, in particular to further his studies and to spend more time with his family, are totally unacceptable, (save as for death, illness or other conditions rendering the assemblyman unfit to discharge his duties).

Such an outrageous resignation, including the one at Bukit Selembau (also by PKR assemblyman) would cause a total waste of tax payers’ money and time.

I hope that the Election Commission would look into this matter seriously and take the appropriate steps to propose amendments to existing laws so as to penalize such assemblyman in future.

I also hope that Parti Keadilan Rakyat should be responsible towards the outrageous resignation of their assemblyman and would have the dignity in not fielding a candidate from their party this time. Instead, PKR should allow other party in Pakatan Rakyat i.e. DAP or PAS to field in as Pakatan Rakyat candidate for the Penanti by-election.

14 April, 2009

Barisan Nasional Convention

It was announced late last year by our previous Prime Minister, Tun Ahmad Badawi, that a Barisan Nasional Convention would be held in February, 2009.

However, due to the UMNO general assembly and the recent appointment of our new Prime Minister, Dato Seri Najib Tun Razak, the proposed Barisan Nasional Convention was postponed.

I feel that the Barisan Nasional Convention should be held as soon as possible so as to enable all delegates of its component parties to discuss reforms in Barisan Nasional and be a forum to discuss issues relating to all Malaysians.

Such an event would enable our new Prime Minister, who is also the Chairman of Barisan Nasional to hear suggestions and listen to the grass roots of the component parties directly in a single annual platform. Further to that, I am of the view that such an event would also strengthen the relationship of the component parties in Barisan Nasional and promote its vision of representing all Malaysians. Currently, each of the component parties in Barisan Nasional would hold their respective annual general assembly separately and there is no platform for the members or delegates of the coalition (including those from Sabah & Sarawak) to meet in a single platform annually.

As such, I hope that our new Prime Minister, Dato Seri Najib Tun Razak would consider holding the Barisan Nasional Convention in due time and make it an annual event for Barisan Nasional as part of a rebranding and reform exercise of Barisan Nasional.