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11 September 1964 560 Volume I Friday No.5 11th September, 1964 PARLIAMENTARY DEBATES DEWAN NEGARA (SENATE) OFFICIAL REPORT FIRST SESSION OF THE SECOND PARLIAMENT OF MALAYSIA CONTENTS ADMINISTRATION OF OATH [Col. 559] Election of Wan Mustapha bin Haji Ali as Senator-Void (Motion) [Col. 560] ADJOURNMENT SINE DIE (Motion) [Col. 588] MOTION: Proclamation of Emergency-Endorsement [Col. 588] MESSAGE FROM THE HOUSE OF REPRESENTA­ TIVES [Col. 648] BUSINESS OF THE SENATE [Col. 648] BILL- The Emergency (Essential Powers) Bill [Col. 649] DI·CHETAK DI-JABATAN CHETAK KERAJAAN OLEH THOR BENG CHONG, A.M.N., PENCHETAK KERAJAAN KUALA LUMPUR 1965 ------------ --- MALAYSIA DEWAN NEGARA (SENATE) Official Report First Session of the Second Dewan Negara Friday, lith September, 1964 The Senalte met at nine o'clock a.m. PRESENT: The Honourable Mr President, DATO' HAJI ABDUL RAHMAN BIN MoHAMED YASIN, S.P.M.J., P.I.S., J.P. (Johore). ENCHE' A. ARUNASALAM, A.M.N. (Appointed). ENCHE' ABDUL RAHMAN BIN AHMAD (Perlis). ENCHE' ABDUL SAMAD BIN OSMAN (Appointed). ENCHE' ABDUL WAHAB BIN IDus, P.J.K. (Negri Sembilan). TUAN HAJI AHMAD BIN HAJJ ABDULLAH, A.M.N. (Penang). ENCHE' AHMAD BIN HAn TAFF (Singapore). CHE' AISHAH BINTI HAn ABDUL GHANI (Appointed). ENCHE' AMALUDDIN BIN DARUS (Kelantan). DATU TUANKU BuJANG BIN TUANKU HAJI OTHMAN (Sarawak). ENCHE' CHAN KWONG-HON, A.M.N., S.M.S., J.P. (Selangor). ENCHE' CHEAH SENG KHIM, J.P. (Penang). DATO' DR CHEAH TOON LOK, D.P.M.K., D.M.K., J.M.N., J.P. (Appointed). DATO' J. E. S. CRAWFORD, J.M.N., J.P., Dato' Kurnia Indera (Appointed). ENCHE' DA ABDUL JALIL BIN HAn AWANG (Trengganu). ENCHE' D. S. DORAIRAJ (Appointed). DATO' Foo SEE MOI, D.P.M.K., J.P. (Appointed). ENCHE' HoH CHEE CHEONG, A.M.N., J.P. (Pahang). ENCHE' HONG TECK GUAN (Appointed). ENCHE' C. D. ISMAIL, J.M.N., J.P. (Appointed). ENCHE' ANDREW JIKA LANDAU (Appointed). ENCHE' Ko TECK KIN (Singapore). ENCHE' KoH KIM LENG (Malacca). DATO' LEE FOONG YEE, J.M.N., P.P.T., J.P. (Negri Sembilan). DATO' Y. T. LEE, D.P.M.S., J.M.N., P.J.K., J.P. (Appointed). ENCHE' LIM HEE HONG, A.M.N. (Appointed). ENCHE' MOHAMED ADIB BIN 0MAR (Trengganu). DATU PENGIRAN MOHAMED DIGADONG GAU>AM, P.D.K. (Sabah). DATO' HAJI MOHAMED NOAH BIN 0MAR, P.M.N., S.P.M.J., D.P.M.B., P.I.S., J.P. (Appointed). 559 11 SEPTEMBER 1964 560 The Honourable TUAN HAJI MOHAMED SAID BIN HAJI ABU BAKAR (Appointed). ENCHE' MOHAMED SALLEH BIN MOHAMED ARIFF (Malacca). ENCHE' Ann NAHAPPAN (Appointed). ENCHE' S. P. S. NATHAN (Appointed). NIK HASSAN BIN HAJI NIK YAHYA, J.M.N. (Appointed). TOK PANGKU PANDAK HAMID BIN PuTEH JALI, P.J.K. (Appointed). ENCHE' SAlOON BIN KECHUT, A.M.N. (Appoint!!d). DATO' SHEIKH ABU BAKAR BIN YAHYA, D.P.M.J., P.I.S., J.P. (Johore). DATO' G. SHELLEY, P.M.N., J.P. (Appointed). DATO' SYED AHMAD BIN SYED MAHMUD SAHABUDIN, J.M.N. (Kedah). DATO' T. H. TAN, P.M.N. (Appointed). DATO' TEH SlEW ENG, D.P.M.P., J.M.N., P.J.K., J.P. (Appointed). DATa' E. E. C. THURAISINGHAM, D.P.M.J., J.P. (Appointed). ENCHE' S. 0. K. UBAIDULLA, J.M.N. (Appointed). WAN AHMAD BIN WAN DAUD, J.M.N., P.J.K., J.P. (Perlis). DATO' WAN IBRAHIM BIN WAN TANJONG, J.M.N., P.J.K., Orang Kaya Indera Maharaja Purba Jelai (Pahang). WAN SULATMAN BIN WAN TAM, P.J.K. (Kedah). ENCHE' YEOH KlAN TEIK (Perak). ABSENT: The Honourable the Minister without Portfolio, DATO' 0NG YoKE LIN, P.M.N. (Appointed). DATU JOSEPH AUGUSTINE ANGIAN ANDULAG, P.D.K. (Sabah). ENCHE' CHOO KOK LEONG (Appointe'd). TEMENGGONG 0YONG LAWAI JAU (Sarawak). RAJA RASTAM SHAHROME BIN RAJA SAID TAUPHY (Selangor). ENCHE' WILLIAM TAN (Appointed). IN ATTENDANCE: The Honourable the Minister for Local Government and Housing, ENCHE' KHAW KAI-BOH, P.J.K. (Ulu Selangor). PRAYERS Enche' A. Arunasalam Enche' D. S. Dorairaj (Mr President in the Chair) Dato' Foo See Moi, D.P.M.K., J.P. Tuan Haji Mohamed Saaid bin Haji ADMINISTRATION OF Abu Bakar. OATHS The Clerk: (Wan Mustapha bin Haji The following new Senators took and Ali presents himself at the Table.) subscribed the Oath, or made and subscribed the Affirmation required by ELECTION OF WAN MUSTAPHA Law: BIN HAn ALI AS SENATOR- Dato' Haji Mohamed Noah bin VOID (MOTION) Omar, P.M.N., s.P.M.J., D.P.M.B., P.I.s., Dato' T. H. Tan: Mr President, Sir, J.P. I rise to object to Wan Mustapha Enche' C. D. Ismail taking the oath of office as Senator and Dato' Teh Siew Eng, D.P.M.P., J.M.N., I shall ask, at the end of my submis­ P.J.K., J.P. sions, that the Senate take appropriate 561 11 SEPTEMBER 1964 562 action under paragraph 5 of the all that the death of Yang Berhormat Seventh Schedule to our Constitution. Haji Nik Mohamed Adeeb which In the meantime, while I make my occurred in Kelantan was a well-known submissions, I suggest that Enche' Wan fact from the date of his departure Mustapha be asked to resume his seat. from this world. There being no difficulty at all in establishing such a Mr President: Sila-lah dudok dahulu. date; the date of vacancy of that seat (Enche' Wan Mustapha resumes his is therefore 4th April, 1964. In seat at the Bar.) accordance with paragraph 1 (2) of the Dato' T. H. Tan: Sir, I contend that Seventh Schedule the Yang di-Pertuan Enche' Wan Mustapha has not been Agong did give notice to His Highness duly elected in accordance with the the Sultan of Kelantan that an election provisions of the Seventh Schedule and of a Senator to fill that casual vacancy would submit arguments in support of was required. The next step to be my contention. taken under paragraph 1 (2) was for the Ruler himself to require the Paragraph 1 (2) of the Seventh Legislative Assembly to elect a Senator Schedule reads as follows : as soon as may be. I should hasten "As often as there is a vacancy among here, Sir, to make it clear that my the members elected to the Senate by a State the Yang di-Pertuan Agong shall give remark on what subsequently followed notice to the Ruler or Governor of the State is not to be construed as being that an election of a Senator is required, criticism of, or an act of disrespect for, and the Ruler or Governor shall require His Highness the Sultan of Kelantan, the Legislative Assembly to elect a Senator as soon as may be." for whose person, I am sure. every Member of the Senate has the highest Now, let us apply the facts surrounding regard. In this matter, as well as in the so-called election of Enche' Wan most other matters concerning the Mustapha to the positive provisions of exercise of his constitutional powers, our Constitution. The late Yang the Kelantan State Constitution obliges Berhormat Haji Nik Mohamed Adeed, him to act only on the advice of the a Member of this House, died on the Executive Council, on which must lie 4th of April 1964. This fact was the blame. · established by a letter sent by the State Secretary of Kelantan to the The Kelantan State Assembly, Sir, Secretary of Dewan Negara on the 6th held a meeting on 4th June, but for of April 1964. In accordance with reasons unknown, or perhaps best Article 45 (1) (a) of our Constitution, known to themselves, no Senator was the casual vacancy brought about by elected at that meeting. Had an his death must be filled in accordance election on that day been made the with the provisions of the Seventh time limit of sixty days would not have Schedule. Article 45 (1) (a) must, I been exceeded. Instead of doing so, submit, be read in conjunction with the Assembly purported to elect Enche' Article 54 of our Constitution. Article Wan Mustapha a Senator on the 19th 54 dealing with "casual vacancies" of July, 1964. I use the word reads as follows : "purported" deliberately because it is my contention that this so-called "Whenever there is a casual vacancy among the members of either House of election is void, and therefore Enche' Parliament it shall be filled within sixty days Wan Mustapha is, therefore, not duly from the date on which it is established that elected and cannot sit in this House. there is a vacancy, and an election shall be held or an appointment made accordingly." I contend that the words "as soon Sir, it is mandatory that the vacancy as may be" in paragraph 1 (2) of the therefore shall be filled within sixty Schedule should and must be read in days from the date on which it is conjunction with the period of sixty established that there is a vacancy (to days specified in Article 54 of the cite that relevant portion of Article 54). Constitution. The so-called election a month and a half too late can have no Now let us go back to the facts of effect at all and the casual vacancy the present case. There is no doubt at must therefore remain vacant. I would -- ------------- 563 11 SEPTEMBER 1964 564 also say that since a positive require­ di-kenakan, dengan sebab itu-lah saya ment as to time in Article 54 has been membenarkan Dato' T. H. Tan men­ contravened this vacancy cannot be chadangkan usul-nya.
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