Thursday, 17 February 2022

Amend Article 160 of the Federal Constitution to give recognition to the word "Premier", says Kelvin Yii

KUCHING, February 17, 2022 - Bandar Kuching Member of Parliament Kelvin Yii today urged de facto Law Minister Datuk Seri Wan Junaidi Tuanku Jaafar to table a constitutional  amendment bill on the interpretation of the words “Chief Minister” under Article 160 of the Federal Constitution.

Picture: Bandar Kuching MP Kelvin Yii says too much focus on form than substance on "Premier" title

He said this is to give recognition to the title “Premier” under the just amended Sarawak Constitution for the Sarawak head of government.

There has been an over-focus on “form rather than substance” in the  State Constitution amendments by adopting the word "Premier" to substitute "Chief Minister" under Article 6(3) of the Sarawak Constitution without the amendments made to the Federal Constitution,” Yii said when commenting on the amendment to State Constitution, which among others, changed the title “Chief Minister” to “Premier” for Sarawak’s head of government.

While I am fully supportive to giving due recognition to the special position that Sabah and Sarawak has under the Federation of Malaysia, but such amendments must first and foremost show tangible contrast in terms of powers and authority in comparison to other states and constitutionally recognised under the Federal Constitution.

That is why while the Youth, Sports and Entrepreneur Development Minister Datuk Seri Abdul Karim Rahman Hamzah argued that the amendment was in accordance with the amendment to the Federal Constitution enforced last week, I think this “title” change was an after-thought or even over-sight by the de facto law minister.

“If not amendments to Article 160 of Federal Constitution that refers to “chief Minister” or head of the executive in a state would also have been tabled in Parliament during the constitutional amendments of Article 1(2) and Article 160 back in November 2021,” he said.

Yii said for thee title “Premier’ be effectively more powerful vis-a-vis other states in Malaya, a Federal Constitution amendment must follow suit.

“He (Datuk Patinggi Abang Johari Openg)  cannot just be known as a “Premier” in Sarawak but constitutionally outside Sarawak he is still of the same status protocol ranking as all other Chief Ministers,” he said.

Yii reiterated his call for the GPS federal ministers and state leaders to commit to and formulate a Power Devolution Blueprint for Sarawak to set a pathway for the state to achieve greater decentralisation of powers and autonomy.

He said this plan should outline key milestones within the next five to 10 years along with a periodic review of the progress made to prepare us to take on the responsibility.

It should also outline the strategies that Sarawak will employ to develop human capital within the state to meet the unique challenges of today and tomorrow,” Yii said, the strategies include plans on building the capacity of Sarawakians and retaining talent in the state so that we can develop it together should be covered thoroughly.

Towards that end, we can start with devolving the powers for  important sectors - health and education to Sarawak,” he said, adding that necessary steps should be taken to insert education and healthcare on the Concurrent List under Schedule 9 of the Federal Constitution as a responsibility to be shared among federal and state governments of Sarawak and Sabah.

He said the Covid-19 pandemic has shown the importance of an equal federal-state partnership, especially in health matters, to effectively manage outbreaks and protect the lives of Sarawakians.

 

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