Monday, August 17, 2015

When YDP Agung charged with an offence, he ceases to function as King, should be same for PM?



In going through the Federal Constitution, something interesting to notice..,

If our King is charged with an offence under any law.... he shall cease to exercise the functions of the Yang Di-Pertuan Agung...

33A  Yang di-Pertuan Agong shall cease to exercise the functions of the Yang di-Pertuan Agong if charged with an offence.

(1) Where the Yang di-Pertuan Agong is charged with an offence under any law in the Special Court established under Part XV he shall cease to exercise the functions of the Yang di-Pertuan Agong.
It is important to note that we are talking about just being charged - not convicted...

But, then there is no similar provision with regard the Prime Minister or the Ministers...

Charging a Prime Minister with an offence any any law will not disqualify him as Prime Minister..

To be disqualified, he needs to be convicted and sentenced to prison for more than 1 year, or to a fine of more than two thousand ringgit - and we all know, even after he is convicted, and he appeals ...and until his final appeal is disposed off he remains the Prime Minister,....

I believe that when it comes to the Prime Minister, Minister or Deputy Minister, there should be similar provisions...i.e. that he/she ceases to be Prime Minister, Minister or Deputy Minister - but will continue being a Member of Parliament or Senator...

What do you think? 

Related:- 

Power to the people to remove their MPs/ADUNs - who no longer have majority support of their constituents? 

They should be able to move the King, or the Sultan or the relevant head of State to remove the said peoples' rep. It makes no sense if the said MP or ADUN continues to be so even after his constituents clearly do not want him/her...

 







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