See
Chee How: Thank you Tuan Speaker. If you please Tuan Speaker,
I
humbly seek leave to move the adjournment of the Dewan for the purpose of
discussion
a definite matter of public importance. My motion reads:
“WHEREAS:
1.
On 15.03.2014 and 21.03.2014, the right Honourable Chief Minister had
emphatically
vowed to preserve peace and harmony in Sarawak and that
we
shall invoke immigration power to keep out extremists and religious or
racial
fanatics. The right Honourable Chief Minister had stated: “As a
responsible
government, we will invoke the immigration power given to us
by
the Federal Constitution to prevent outsiders who are known to be
religious
bigots, communal racists and trouble-makers from coming into
territory
or and to deport them if they are already in Sarawak. This is to
prevent
peaceful Sarawakians from being infected by racism and religious
bigotry.”
2.
On 20.03.2014, President of the supremacist Pertubuhan Pribumi
Perkasa
Malaysia Dato' Ibrahim Bin Ali had entered Sarawak. He stayed
at
the Harbour View Hotel in Kuching for 2 nights.
3.
On 24.03.2014, the Sarawak Immigration Department issued a press
statement
to deny reports, photographs and hotel bills paid and signed by
Dato'
Ibrahim Ali, stating that its systems and records have not shown that
Dato'
Ibrahim Ali had entered Sarawak.
4.
On 19.04.2014, Vice President of the same supremacist Perkasa Zulkifli
Nordin
had entered Sarawak, through Kuching.
5.
The entry of Dato' Ibrahim Bin Ali and Zulkifli Nordin have shown that the
state
Immigration Department had continuously acted in defiance of the
command
of the Sarawak state government.
6.
The official statement by the Immigration Department, referring to its
systems
and records to deny that Dato' Ibrahim Ali had entered Sarawak,
have
exposed a clear and present security risk to Sarawak.
THEREFORE,
IT IS HEREBY MOVED THAT:
1.
This matter which is definite and of public importance be discussed in this
Dewan;
2.
The Director of Immigration Department be called to explained to this
Dewan,
the working of its systems and records and suggest precautionary
measures
to eliminate any security risk to the state.”
I
beg to move.
Tuan
Speaker: Any Honourable Member to second?
Y.B
Encik Yap Hoi Liong: I beg to second.
Tuan
Speaker: Ahli Yang Berhormat for Dudong. Ahli-Ahli Yang Berhormat, this is
my
ruling.
Ground
1
The
motion is irregular. This Motion is made under Standing Order 14(1).
Standing
Order 14 (1) reads:
“Upon
a Motion “That this Dewan do now adjourn” moved on the last sitting day, any
member,
other than a Minister, who has obtained the right to do so may address the
Dewan
upon any matter of administration for which the Government is responsible
and
the Minister with whom responsibility for the matter raised rests may reply but
no
such
address may be made during the first meeting of the session or during the
meeting
at which the Supply Bill is considered.”
This
is important. It cannot be raised during the first meeting of the session. So
Standing
Order 14 cannot be raised.
Ground
2
The
title of the motion is inconsistent with the preamble. The title reads “Private
Member’s
motion under Standing Order 14: "Leave to move the adjournment of the
Dewan
for the purpose of discussing a definite matter of public importance”.
Under
the Standing Orders 14(1) reads:
“That
this Dewan do now adjourn” therefore it does not deal with public matter of
public
importance. It is under Standing order 15.
Standing
Order 15(1) reads: “Any member, other than a Minister, may at the time
appointed
under Standing Order 11 rise in his place and ask leave to move the
adjournment
of the Dewan for the purpose of discussing a definite matter of urgent
public
importance”
Once
again, the motion is irregular.
Ground
3
The
motion resolves that this matter “is definite and of public importance”. If
that is
so,
then the application should be under Standing Order 15 on a matter of urgent
public
importance and not Standing Order 14.
Even
if the application is made under Standing Order 15 the essential ingredient of
“urgency”
does not arise because the supposed Dato Ibrahim Ali allegedly stayed on
20th
March 2014 for 2 nights.
Zulkifli
Nordin allegedly entered Sarawak on 19th April 2014 and had left.
The
question of “urgency” does not arise and Standing Order 15 would fail. Even
under
Standing Order 15.
Ground
4
The
motion contains 348 words in length.
Erskine
May Parliamentary Practice, 24th
Edition, page 302, paragraph 4, and line 1:
“Early
day motions should not exceed 250 words in length”
Ground
5
Standing
Order 32(11) which states “If the Speaker is of the opinion that any motion
or
amendment or the continuance of the debate thereon is calculated to give rise
to
breaches
of this Standing Order, he may disallow the motion or amendment or, as
the
case may be, may terminate the debate and direct that no further proceedings be
taken
on the motion or amendment”.
On
those ground, the motion is dismissed.
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