Saya merujuk kepada kenyataan Naib Pengerusi DAP M.Kulasegaran yang menyeru agar Hari Thaipusam dijadikan cuti umum.
Sebelum pilihanraya umum pada tahun 2008, Pakatan Rakyat telah mengeluarkan kenyataan sedemikian malah mereka juga telah memberi janji-janji agar Hari Thaipusam dijadikan cuti umum, termasuk negeri Kedah.
Saya memang setuju bahawa Hari Thaipusam disambut bersama oleh rakyat Malaysia dan harus dijadikan cuti. Ketika saya berada di Sungai Petani semalam, saya telah melihat bagaimana Hari Thaipusam disambut oleh semua rakyat Malaysia tanpa mengira kaum dan agama.
Lebih meriah lagi, Perdana Menteri Malaysia, Dato Seri Najib Tun Razak telah bersama lebih daripada 10,000 orang Kedah di Sungai Petani untuk menyambut Hari Thaipusam.
Malangnya, selepas Pakatan Rakyat memerintah Kedah selama hampir 3 tahun, Pakatan Rakyat telah enggan mengistiharkan Hari Thaipusam sebagai cuti umum bagi negeri-negeri Pakatan Rakyat seperti Kedah dan Kelantan.
Sebelum ini, kerajaan Barisan Nasional telah menjadikan Hari Thaipusam sebagai cuti umum di negeri Pulau Pinang dan Selangor.
Sungguhpun Kedah dan Kelantan adalah dikuasai majoriti oleh PAS, ini bukanlah suatu alasan munasabah bagi Pakatan Rakyat untuk mengengkari janji mereka untuk menjadikan Hari Thaipusam sebagai cuti umum.
Pakatan Rakyat tidak boleh lagi mengeluarkan kenyataan yang hanya berbentuk rhetorik. Sebaliknya, mereka harus melaksanakan dasar-dasar mereka di negeri-negeri Pakatan Rakyat, yang dikuasai mereka.
Sekira DAP ikhlas dalam hal ini, saya berharap DAP akan memastikan agar Pakatan Rakyat akan menunaikan janji dan mengistiharkan Hari Thaipusam sebagai cuti umum di semua negeri-negeri Pakatan Rakyat, termasuk Kedah dan Kelantan.
21 January, 2011
13 January, 2011
ANWAR MUST IMPLEMENT PAKATAN RAKYAT POLICIES IN PAKATAN STATES & DON’T WASTE THE TIME OF MALAYSIANS WITH FUTILE DEBATES
I refer to the recent invitation by Dato Seri Anwar Ibrahim to our Prime Minister Dato Seri Najib Tun Razak to debate on the proposed 100 days economic reforms plans by Pakatan Rakyat.
It is utmost suprising that Pakatan Rakyat’s de facto leader would have the audacity to invite our Prime Minister to debate on new promises of Pakatan Rakyat when they have failed to fulfill all their pledge in the last general election. This includes matters pledge in Pakatan Rakyat’s Common Policies Framework announced in December, 2009.
Pakatan Rakyat should have concentrated in implementing Pakatan Rakyat’s policies and fulfilling their election pledge in Pakatan Rakyat’s states i.e. Kedah, Penang, Selangor and Kelantan.
To date, Pakatan Rakyat had failed to deliver all their pledge to Malaysians in Pakatan Rakyat states. In the last 2 years, Malaysians have witnessed Pakatan Rakyat states:-
1. curtailing Press Freedom;
2. increase Housing Bumi Quota from 30% to as high 70%;
3. increase Water Tariff to as high 100%; and
4. refuse to implement local government elections.
Instead of fulfilling past promises, Pakatan Rakyat now makes new promises to Malaysians in order to capture their votes in the next general elections. Worse still, Pakatan Rakyat’s de facto leader now want to debate on their so called “new reform promises” with our Prime Minister.
If Pakatan Rakyat is sincere in any of their promises, I would advice them to implement any of their so called reform in their Pakatan Rakyat states. Most of the pledge (though not all) can be implemented first in Pakatan Rakyat states. There are no reasons for the refusal of Pakatan Rakyat to help Malaysians at this time in Pakatan Rakyat states.
Pakatan Rakyat’s de facto leader should be reminded that a government’s performance is not measured by any debate. Instead, it is based on sincerity and actual implementation of their policies.
I do not see how the proposed debate by Dato Seri Anwar Ibrahim would benefit Malaysians. On the contrary, it would only waste the time of our Prime Minister and other Malaysians.
Thus, I hope Dato Seri Anwar Ibrahim would ensure the actual implementation of all Pakatan Rakyat’s policies and promises to Malaysians in Pakatan Rakyat states instead of indulging into futile debate to waste the time of the people.
10 January, 2011
PAKATAN RAKYAT, PLEASE DON’T “HOODWINK” MALAYSIAN ON ISLAMIC STATES & HUDUD DENIAL!
I refer to the news today (The Star) where Datuk Seri Abdul Hadi Awang, PAS President reiterated PAS commitment to uphold its Islamic state agenda.
He also says that when PAS make promises, they do not merely provide lip service.
He also says that PAS will not compromise on its principles and will not bow to pressure from any quarter, including its Pakatan Rakyat partners.
This was in response to the calls of certain quarters in Pakatan Rakyat for PAS to review its aim to pursue its Islamic state agenda in view of the next general election.
Previously, it was also reported (The Malaysian Insider) that Datuk Seri Abdul Hadi Awang stated PAS’s intention to proceed with the implementation of Hudud laws in Kelantan and Kedah.
While I respect Datuk Seri Abdul Hadi Awang for being honest and sincere in stating clearly their political ambition and objectives, being to create Islamic states, the same I could not say for his remaining partner’s Pakatan Rakyat.
This is the strongest statement by PAS on the matter since last general election in 2008.
I am extremely concern over the latest statement by PAS’s President especially the implication on states where PAS dominates the administration, such as Kelantan & Kedah. Besides sending “shivers” to all Malaysians in these states, the latest message by PAS would certainly effect the perception of investors towards these states.
It is clear that DAP and PKR had been unable to persuade PAS to abandon their quest to create Islamic states, notwithstanding that Malaysia is a multi race & religion country.
To date, Pakatan Rakyat has also refused to provide a clear stance on the creation of Islamic states. Would Pakatan Rakyat only reveal their true intention to Malaysian after capturing Putrajaya?
Thus, if Pakatan Rakyat is transparent, Pakatan Rakyat leaders, especially its de facto leader, Datuk Seri Anwar Ibrahim should immediately state it out clearly that Pakatan Rakyat would object to the creation of Islamic states, including the implementation of Hudud laws.
Anything less than a clear statement would only show that all the rhetoric talks and policies by Pakatan Rakyat leaders are merely to fish for votes and to abandon their principles once capturing Putrajaya (if they ever to succeed).
I hope that Pakatan Rakyat would not “hoodwink” Malaysians on the issue of Hudud & Islamic state.
Source:
News from The Star on 10th January, 2010 (http://www.thestar.com.my/news/story.asp?file=/2011/1/10/nation/7765188&sec=nation)
PAS won’t bow to pressure from any quarter, says Hadi
By SIRA HABIBU
KUALA LUMPUR: PAS will uphold its Islamic state agenda and will not bow to pressure from any quarter, including its Pakatan Rakyat partners.
Expressing shock over DAP chairman Karpal Singh’s call to compel PAS to review its stand over the Islamic state issue, PAS president Datuk Seri Abdul Hadi Awang said the party would not compromise on its principles.
“We will bow to no one,” he said when launching Sua Kasih logo and H13 Squad to promote the spirit of brotherhood among various races and religions here yesterday.
Hadi was responding to Karpal’s call to Pakatan to tackle the issue of PAS pursuing its Islamic state agenda in view of the next general election.
Karpal had made the call during the second Pakatan convention in Kepala Batas recently.
Karpal had said that PKR adviser Datuk Seri Anwar Ibrahim, PAS spiritual leader Datuk Seri Nik Aziz Nik Mat, Hadi and DAP leaders should confront the issue and frankly consider the required solution.
Hadi said PAS could tolerate and be patient with DAP.
“We have extended co-operation to DAP although in the past, Karpal was adamant that Islamic state could only be implemented over his dead body.
“Our Mursyidul Am had retorted to Karpal’s comment that drew flak from many quarters,” he said, adding that PAS would still uphold its promises.
“When we make promises, we do not merely provide lip service. As Muslims, we will stand by promises made to non-Muslims,” he said.
Hadi said PAS was pursuing an Islamic state to create a system to ensure truth, justice and the protection of rights for everyone.
“Through Islamic governance, we will break all the walls that divide us,” he said, adding that the Western system subscribed to such barriers that divided a nation.
He also says that when PAS make promises, they do not merely provide lip service.
He also says that PAS will not compromise on its principles and will not bow to pressure from any quarter, including its Pakatan Rakyat partners.
This was in response to the calls of certain quarters in Pakatan Rakyat for PAS to review its aim to pursue its Islamic state agenda in view of the next general election.
Previously, it was also reported (The Malaysian Insider) that Datuk Seri Abdul Hadi Awang stated PAS’s intention to proceed with the implementation of Hudud laws in Kelantan and Kedah.
While I respect Datuk Seri Abdul Hadi Awang for being honest and sincere in stating clearly their political ambition and objectives, being to create Islamic states, the same I could not say for his remaining partner’s Pakatan Rakyat.
This is the strongest statement by PAS on the matter since last general election in 2008.
I am extremely concern over the latest statement by PAS’s President especially the implication on states where PAS dominates the administration, such as Kelantan & Kedah. Besides sending “shivers” to all Malaysians in these states, the latest message by PAS would certainly effect the perception of investors towards these states.
It is clear that DAP and PKR had been unable to persuade PAS to abandon their quest to create Islamic states, notwithstanding that Malaysia is a multi race & religion country.
To date, Pakatan Rakyat has also refused to provide a clear stance on the creation of Islamic states. Would Pakatan Rakyat only reveal their true intention to Malaysian after capturing Putrajaya?
Thus, if Pakatan Rakyat is transparent, Pakatan Rakyat leaders, especially its de facto leader, Datuk Seri Anwar Ibrahim should immediately state it out clearly that Pakatan Rakyat would object to the creation of Islamic states, including the implementation of Hudud laws.
Anything less than a clear statement would only show that all the rhetoric talks and policies by Pakatan Rakyat leaders are merely to fish for votes and to abandon their principles once capturing Putrajaya (if they ever to succeed).
I hope that Pakatan Rakyat would not “hoodwink” Malaysians on the issue of Hudud & Islamic state.
Source:
News from The Star on 10th January, 2010 (http://www.thestar.com.my/news/story.asp?file=/2011/1/10/nation/7765188&sec=nation)
PAS won’t bow to pressure from any quarter, says Hadi
By SIRA HABIBU
KUALA LUMPUR: PAS will uphold its Islamic state agenda and will not bow to pressure from any quarter, including its Pakatan Rakyat partners.
Expressing shock over DAP chairman Karpal Singh’s call to compel PAS to review its stand over the Islamic state issue, PAS president Datuk Seri Abdul Hadi Awang said the party would not compromise on its principles.
“We will bow to no one,” he said when launching Sua Kasih logo and H13 Squad to promote the spirit of brotherhood among various races and religions here yesterday.
Hadi was responding to Karpal’s call to Pakatan to tackle the issue of PAS pursuing its Islamic state agenda in view of the next general election.
Karpal had made the call during the second Pakatan convention in Kepala Batas recently.
Karpal had said that PKR adviser Datuk Seri Anwar Ibrahim, PAS spiritual leader Datuk Seri Nik Aziz Nik Mat, Hadi and DAP leaders should confront the issue and frankly consider the required solution.
Hadi said PAS could tolerate and be patient with DAP.
“We have extended co-operation to DAP although in the past, Karpal was adamant that Islamic state could only be implemented over his dead body.
“Our Mursyidul Am had retorted to Karpal’s comment that drew flak from many quarters,” he said, adding that PAS would still uphold its promises.
“When we make promises, we do not merely provide lip service. As Muslims, we will stand by promises made to non-Muslims,” he said.
Hadi said PAS was pursuing an Islamic state to create a system to ensure truth, justice and the protection of rights for everyone.
“Through Islamic governance, we will break all the walls that divide us,” he said, adding that the Western system subscribed to such barriers that divided a nation.
08 January, 2011
Hormati Negara Sebagai Negara Adil & Berdemokratik
Saya merujuk kepada kenyataan Ketua Pemuda Angkatan Muda Keadilan Malaysia (AMK) Shamsul Iskandar Akin yang mengkritik nasihat Dato Seri Najib Razak yang mencadangkan agar isu Dato Seri Rais Yatim disiasat sebelum dihakimi oleh mana-mana pihak.
[ Sumber: www.malaysia-chronicle.com ]
Saya berasa kesal bahawa AMK tidak dapat menerima nasihat yang munasabah daripada Perdana Menteri Malaysia.
Di dalam mana-mana negara yang adil dan demokratik, mana-mana pihak tidak boleh dihakimi sehingga siasatan dan perbicaraan dijalankan ke atas dakwaan tersebut.
Walaupun Pakatan Rakyat “terlalu ingin sangat” menakluki negara, ia tidak boleh sehingga mengabaikan nasihat untuk menghormati sistem perundangan sebuah negara yang adil dan berdemokratik.
Dalam hal ini, pembantu rumah Dato Seri Rais Yatim telahpun menafikan dakwaan rogol tersebut semalam.
Saya berasa insiden ini jelas menunjukkan bahawa politik negara kita berada di paras yang amat rendah sehingga terdapat pihak yang sanggup membuat dakwaan palsu ke atas pemimpin-pemimpin Barisan Nasional bagi agenda politik peribadi.
Pihak-pihak tersebut kini cuba menanam suatu pandangan di dalam rakyat bahawa semua pemimpin-pemimpin Barisan Nasional adalah penjenayah dan apa-apa perbicaraan tidak diperlukan. Adakan ini merupakan keadilan & demokrasi yang dimaksudkan oleh Pakatan Rakyat?
Insiden ini juga telah “secara tidak adil” menjejaskan nama baik Dato Seri Rais Yatim serta keluarga beliau.
Saya berasa sedih bahawa terdapat golongan tertentu di antara rakyat kita yang sanggup menggunakan apa jua kaedah untuk mencapai matlamat politk mereka, biarpun ia merupakan suatu tindakan yang tidak beretika.
Saya berharap pihak-pihak tersebut akan menghentikan perkara sedemikian yang hanya akan menjejaskan nama baik negara sebagai sebuah negara yang adil dan berdemokratik.
[ Sumber: www.malaysia-chronicle.com ]
Saya berasa kesal bahawa AMK tidak dapat menerima nasihat yang munasabah daripada Perdana Menteri Malaysia.
Di dalam mana-mana negara yang adil dan demokratik, mana-mana pihak tidak boleh dihakimi sehingga siasatan dan perbicaraan dijalankan ke atas dakwaan tersebut.
Walaupun Pakatan Rakyat “terlalu ingin sangat” menakluki negara, ia tidak boleh sehingga mengabaikan nasihat untuk menghormati sistem perundangan sebuah negara yang adil dan berdemokratik.
Dalam hal ini, pembantu rumah Dato Seri Rais Yatim telahpun menafikan dakwaan rogol tersebut semalam.
Saya berasa insiden ini jelas menunjukkan bahawa politik negara kita berada di paras yang amat rendah sehingga terdapat pihak yang sanggup membuat dakwaan palsu ke atas pemimpin-pemimpin Barisan Nasional bagi agenda politik peribadi.
Pihak-pihak tersebut kini cuba menanam suatu pandangan di dalam rakyat bahawa semua pemimpin-pemimpin Barisan Nasional adalah penjenayah dan apa-apa perbicaraan tidak diperlukan. Adakan ini merupakan keadilan & demokrasi yang dimaksudkan oleh Pakatan Rakyat?
Insiden ini juga telah “secara tidak adil” menjejaskan nama baik Dato Seri Rais Yatim serta keluarga beliau.
Saya berasa sedih bahawa terdapat golongan tertentu di antara rakyat kita yang sanggup menggunakan apa jua kaedah untuk mencapai matlamat politk mereka, biarpun ia merupakan suatu tindakan yang tidak beretika.
Saya berharap pihak-pihak tersebut akan menghentikan perkara sedemikian yang hanya akan menjejaskan nama baik negara sebagai sebuah negara yang adil dan berdemokratik.
06 January, 2011
Pakatan Rakyat Should View Matters With An Open Mind & Not Misinterpret For Political Gains
I refer to the recent statement by Pakatan Rakyat leaders that I am a sexist and against pregnant woman to be state representatives.
During my conversation with a friend in twitter over the issue in the next coming general election:-
1. I was asked certain questions pertaining to Subang Jaya state constituency (where my friend says he voted in previous general election).
2. In the midst of our conversation, I asked whether “would (my friend) choose (a woman candidate from MCA - name withheld to respect privacy) or Hannah Yeoh, who will be on maternity leave soon”?
3. When asked by Hannah Yeoh what did I mean by “maternity leave”, I clarified that it merely mean, “you may not be able to service area during maternity leave, which you are entitled. Anyway, congratulation in welcoming your baby”.
4. I also immediately clarified to her that “I never say elected representative cannot be pregnant or take maternity leave”.
Clearly, no where in my conversation in twitter did I ever say I am against pregnant women to become state representatives nor did I request anyone to vote against pregnant women.
On the contrary, I have presented to my friend a choice of a pregnant woman to be the candidate of Subang Jaya state constituency in the next general election. How could I then be against pregnant woman?
Further, both of the candidates for Subang Jaya which I presented to my friend were women (which Pakatan Rakyat did not elaborate in their political propaganda against me).
I am also not against any woman taking maternity leave, being clearly the entitlement of woman which I reminded in my twitter conversation.
I understand the needs of certain politicans from Pakatan Rakyat to capitalize on any matters to salvage their current political predicament. This includes publicizing my conversation in twitter in the most negative manner that they could as they are now clearly lack of issues against Barisan Nasional.
It is unfortunate that Pakatan Rakyat has now caused the term “maternity leave” to be viewed as a sensitive matter in our country. Maternity leave should not be seen as a weakness of any person. Stating that someone will be on maternity leave should not be misinterpreted that the person is completely unfit to become state representatives.
I hope that political leaders, in particular those from Pakatan Rakyat should learn from this lesson so as to be more open minded in future and not to misinterpret the conversation of any person in the country while policing cyberspace for their political gains.
During my conversation with a friend in twitter over the issue in the next coming general election:-
1. I was asked certain questions pertaining to Subang Jaya state constituency (where my friend says he voted in previous general election).
2. In the midst of our conversation, I asked whether “would (my friend) choose (a woman candidate from MCA - name withheld to respect privacy) or Hannah Yeoh, who will be on maternity leave soon”?
3. When asked by Hannah Yeoh what did I mean by “maternity leave”, I clarified that it merely mean, “you may not be able to service area during maternity leave, which you are entitled. Anyway, congratulation in welcoming your baby”.
4. I also immediately clarified to her that “I never say elected representative cannot be pregnant or take maternity leave”.
Clearly, no where in my conversation in twitter did I ever say I am against pregnant women to become state representatives nor did I request anyone to vote against pregnant women.
On the contrary, I have presented to my friend a choice of a pregnant woman to be the candidate of Subang Jaya state constituency in the next general election. How could I then be against pregnant woman?
Further, both of the candidates for Subang Jaya which I presented to my friend were women (which Pakatan Rakyat did not elaborate in their political propaganda against me).
I am also not against any woman taking maternity leave, being clearly the entitlement of woman which I reminded in my twitter conversation.
I understand the needs of certain politicans from Pakatan Rakyat to capitalize on any matters to salvage their current political predicament. This includes publicizing my conversation in twitter in the most negative manner that they could as they are now clearly lack of issues against Barisan Nasional.
It is unfortunate that Pakatan Rakyat has now caused the term “maternity leave” to be viewed as a sensitive matter in our country. Maternity leave should not be seen as a weakness of any person. Stating that someone will be on maternity leave should not be misinterpreted that the person is completely unfit to become state representatives.
I hope that political leaders, in particular those from Pakatan Rakyat should learn from this lesson so as to be more open minded in future and not to misinterpret the conversation of any person in the country while policing cyberspace for their political gains.
04 January, 2011
50% SCHOLARSHIP ON PTPTN LOAN FOR 2nd CLASS UPPER GRADUATES
I refer to the poll conducted by Prime Minister Dato Seri Najib Tun Razak on what improvements Malaysia would like to see in year 2011. The poll can be seen at the Prime Minister official website.
Source: www.1malaysia.com.my
I would like to propose to our Prime Minister for our government to consider converting 50% of the PTPTN Education loan to scholarships for graduates of local universities who obtained 2nd Class Upper.
As I have said in my previous proposal to convert PTPTN loan to scholarship for 1st Class Student in local universities, this 50% scholarship would also serve as recognition by the government of the student’s academic excellence and in line with the promotion of better quality undergraduates in local universities.
Though the returns of this scholarship (which would require substantial budget) cannot be quantified in monetary terms, the development of human capital is the most important sector in any developed country. The result would be seen across all sectors in the country’s economy, in both short and long term.
Such scholarship would also indirectly grant a head start for these students in their career, who would otherwise be burden with substantial education loans.
In order for government to restudy this matter in depth, I am forwarding my proposal again as early as January, 2011.
I hope that the government would consider this proposal in the next coming budget for 2012.
I believe this would be line with our country’s 1Malaysia concept whereby the education of the people would also be first.
02 January, 2011
Selangor State Secretary & Article 52(1) & 52(6) of the Selangor State Constitution
I am reproducing the extract of the Selangor State Constitution in view of the recent issues over the Selangor State Secretary appointment.
Article 52(1)of the Selangor State Constitution
High Highness shall on recommendation of the appropriate Service Commission by instrument under His Sign Manual & the State Seal appoint a person holding whole time office in the public services to be the State Secretary, the State Legal Adviser and the State Financial Officer respectively PROVIDED THAT before acting on the recommendation of the Service Commission His Highness shall consider the advice of the Menteri Besar and may once refer the recommendation back to the Commission in order that it may be considered.
Article 52(6): In the event of there being no Service Commission having jurisdiction in respect of any appointment of any officers mentioned in Clause (1) such appointment may be made by His Highness acting in His discretion.
My views:-
1. Power to appoint the state secretary lies with the Sultan of Selangor subject to certain proviso.
2. First issue that arise is whether there is a Service Commission having jurisdiction in respect of the appointment. I am not privy to such information so I would made my assumption as follows:-
(A)If there is such Service Commission having such jurisdiction,
then the Second issue is whether the Sultan did consider the advice of Menteri Besar of Selangor before the appointment. There is no definition of how the advice of MB Selangor is deemed made or considered by the Sultan nor is there any formal procedure lay out under the State Constitution. But the wording "shall" would be deem as compulsory for the MB Selangor's advice to be considered, though not compulsory to be followed.
Only clear cut evidence that may show whether the Sultan did consider the MB Selangor advice is if such advice was referred back to the Service Commission (but such referral is clearly on discretionary basis by His Highness - based on the usage of the term "may once refer"). Other than that, the Sultan would be the only one to know whether His Highness did consider the advice made by MB Selangor, whether made orally or in writing or any other form of communication. It would then be for MB Selangor to show that he did not may such advice (if that's the case).
(B) If there is no such Service Commission having such jurisdiction,
then under Article 52(6), such appointment (of the state secretary) may be made by His Highness acting in His discretion. The second issue would then be whether the proviso in Article 52(1) to consider the MB Selangor advice would be applicable - since Article 52(6) provides that "such appointment may be made by His Highness acting in His discretion". That remain to be intepreted by judiciary.
If the proviso for MB Selangor advise is applicable, then my above opinion on the manner as to how MB Selangor advice be considered by the Sultan would be repeated here.
It would then be a question of facts whether MB Selangor did provide such advice to the Sultan Selangor and whether the Sultan Selangor did consider such advice.
Note:
My aforesaid opinion is not meant to conclude anything other than stating my opinion as to the laws in an objective manner.
Article 52(1)of the Selangor State Constitution
High Highness shall on recommendation of the appropriate Service Commission by instrument under His Sign Manual & the State Seal appoint a person holding whole time office in the public services to be the State Secretary, the State Legal Adviser and the State Financial Officer respectively PROVIDED THAT before acting on the recommendation of the Service Commission His Highness shall consider the advice of the Menteri Besar and may once refer the recommendation back to the Commission in order that it may be considered.
Article 52(6): In the event of there being no Service Commission having jurisdiction in respect of any appointment of any officers mentioned in Clause (1) such appointment may be made by His Highness acting in His discretion.
My views:-
1. Power to appoint the state secretary lies with the Sultan of Selangor subject to certain proviso.
2. First issue that arise is whether there is a Service Commission having jurisdiction in respect of the appointment. I am not privy to such information so I would made my assumption as follows:-
(A)If there is such Service Commission having such jurisdiction,
then the Second issue is whether the Sultan did consider the advice of Menteri Besar of Selangor before the appointment. There is no definition of how the advice of MB Selangor is deemed made or considered by the Sultan nor is there any formal procedure lay out under the State Constitution. But the wording "shall" would be deem as compulsory for the MB Selangor's advice to be considered, though not compulsory to be followed.
Only clear cut evidence that may show whether the Sultan did consider the MB Selangor advice is if such advice was referred back to the Service Commission (but such referral is clearly on discretionary basis by His Highness - based on the usage of the term "may once refer"). Other than that, the Sultan would be the only one to know whether His Highness did consider the advice made by MB Selangor, whether made orally or in writing or any other form of communication. It would then be for MB Selangor to show that he did not may such advice (if that's the case).
(B) If there is no such Service Commission having such jurisdiction,
then under Article 52(6), such appointment (of the state secretary) may be made by His Highness acting in His discretion. The second issue would then be whether the proviso in Article 52(1) to consider the MB Selangor advice would be applicable - since Article 52(6) provides that "such appointment may be made by His Highness acting in His discretion". That remain to be intepreted by judiciary.
If the proviso for MB Selangor advise is applicable, then my above opinion on the manner as to how MB Selangor advice be considered by the Sultan would be repeated here.
It would then be a question of facts whether MB Selangor did provide such advice to the Sultan Selangor and whether the Sultan Selangor did consider such advice.
Note:
My aforesaid opinion is not meant to conclude anything other than stating my opinion as to the laws in an objective manner.
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