Chow Kon Yeow: 曹观友

Today is 17 May 2007. There won’t be any parliamentary by-election even if there is a vacancy among members of the Dewan Rakyat.

Article 54 (1) of the Malaysian Constitution says that vacancy in Parliament shall be filled within sixty days from the date on which it is established that there is vacancy.

However this article was amended to provide further that if a casual vacancy in the Dewan Rakyat is established on a date within two years of the date Parliament shall stand dissolved, such vacancy shall not be filled.

However there is an escape clause here in that when the Speaker notifies the Election Commission in writing that the numerical strength of the party that constitutes a majority of all members of the House is being affected by such vacancy, in which event such vacancy shall be filled within sixty days.

The 11th Parliament convened its first meeting after the last general election on 17 May 2004. It is three years now and from today onwards we are within two years of the date Parliament shall stand dissolved. Therefore from today, there will be no need for by-election to be held to fill up any vacancy that may occur.

I remember the DAP opposed the said constitutional amendment because it would deprive the people of the right of representation if no by-election is held to fill up the vacancy. Subsequently all State legislative assemblies also followed suit with amendment to their state constitutions.

So, look like we won’t be having any by-election for any vacancy in Parliament whether through the passing away or resignation of its members.

As the heading suggests, even if Jasin and Kinabatangan were to resign because of the “Po Kuan bocor tiap-tiap bulan” fiasco, there won’t be any by-election to fill up these vacancies.

Surely, they would not resign. Maybe we will still see them and hear them again in Parliament after the next general election.

Footnote: All hope is not lost. There could still be by-election in Sarawak as their state election was held on May 20 last year.

Press Statement by DAP National Vice Chairman and MP for Tanjong Chow Kon Yeow on Thursday, 17 May 2007.
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Foreign Minister should intervene and rescue Malaysian duo still stranded in Saudi Arabia
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It is regrettable that two Malaysian citizens are still being deprived of their human rights over a commercial dispute with a Saudi Arabian company.

The duo, Francis Ng Wai Kong and Victor Hoo Kim Swee are unable to return to Malaysia since January 2007 because their passports have been detained.

Worse still, they were ordered out of the Malaysian Consul-General office in Jeddah at midnight on 6 May 2007. Until now the Foreign Ministry has been keeping mum over this unfortunate incident.

The Malaysian government and Foreign Ministry should reclassify the case as a case of violation of the human rights of Malaysians who have their freedom of movement restricted and prevented from going back to their home country.

Malaysian Foreign Minister Datuk Seri Syed Hamid Albar should direct the Malaysian Consul-General in Jeddah, Syed Bakri Syed Abdul Rahman to treat the case as a violation of the human rights of two Malaysians and do everything possible to secure their early return to Malaysia.

As the problem involved a dispute between a Saudi Arabia company and two Malaysian companies, Syarikat Season Growth and Syarikat Akebono, it should be resolved according to commercial and contract laws of that country.

The Saudi Arabian company should seek remedy in a commercial and civil court and they cannot take laws into their own hands by illegally restricting the free movement of the two Malaysians who are merely servants and agents of the Malaysian companies.

It is regrettable that the Malaysian Consul General in Jeddah, Syed Bakri Syed Abdul Rahman had taken upon himself to be a judge in this case by ordering the Malaysian companies to give in to the full demand of the Saudi Arabian company.

It is pertinent for the Malaysian government and Foreign Minister to secure the return of Francis Ng and Victor Hoo soonest as they are now considered overstayers and may be detained as illegal immigrants in this foreign land.