16 July 2018

Press statement by MCA Legal Affairs Bureau Chairman Datuk Tay Puay Chuan


From violating PH pledge to appoint MP as Speaker to now breaching Standing Orders on Speaker’s appointment date


MCA respects retired Court of Appeal judge DAto’ Mohamad Ariff Md Yusof who demonstrated wisdom and articulateness in his judgement when he was a member of the judiciary.   

Nevertheless, taking into account Promise 16 of the Pakatan Harapan Manifesto whereby its Malay version explicitly declares that “Speaker Dewan Rakyat … akan DIPASTIKAN DILANTIK dari kalangan ahli-ahli Dewan …,” we hold the new Pakatan Harapan government to its words and had expected it to honour its pledge of appointing the Dewan Rakyat Speaker from among MPs.  

Considering that the new PH government had leveraged on the popularity of a New Malaysia, and that it has come under brickbats for having violated a number of PH promises, all the more, the onus is on PH to prove that breaking some more promises are misdeeds of the past.

Our beef is nowhere against Dato’ Mohamad Ariff. We have nothing against him on a personal level. What we are taking to task is that, for the sake of political expediency, Pakatan Harapan has violated its own pledge to appoint an MP to be Dewan Rakyat Speaker.

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Parliament Standing Order abandoned

Another matter which our Bureau wishes to raise is the rule violation on the appointment of Dato’ Mohamad. MCA Deputy President cum Member of Parliament for Ayer Hitam Datuk Seri Dr Ir Wee Ka Siong rightly points out that “We are not against the Speaker because the position of the speaker is important, but rules need to be followed (Free Malaysia Today, 16 July 2018).” We are against the way the Dewan Rakyat Speaker was appointed as the Parliament Lower House’s rules have not been abided by.

If PH is going to continue to breach its PH Manifesto, and now in the august Parliament building where federal legislations will be amended or enacted, all trust for PH will erode. If PH lawmakers will not even follow the rules or Standing Order, how much faith can the general public place in PH MPs, the PH Executive and administration to observe the rule of law which they so strongly exhorted during the general election campaign period as well as in their PH Manifesto.

Under Standing Order 4 (1), it is mandatory for a speaker to be appointed 14 days before Dewan Rakyat proceedings begin. However, former Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia is reported to have checked with Parliament staff after 2 July 2018 only to be informed that no name for the Dewan Rakyat Speaker had been submitted (Free Malaysia Today, 16 July 2018). Thus the legitimacy on Dato’ Mohamad’s appointment is now cast in doubt.

Datuk Tay Puay Chuan
MCA Legal Affairs Bureau Chairman

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