THE DAP N16 Luyang candidate
Hiew King Cheu, who is also the DAP Sabah State Advisor Hiew King Cheu said
that it is necessary to clarify on SAPP Yong Teck Lee’s statement because what
he said on the position of the Prime Minister and Chief Minister are
misleading.
The Federal and State
Constitutions are very clear on the appointments of the Malaysian Prime
Minister and Sabah Chief Minister as follows:
Constitution of Malaysia
(Federal)
Article Number 43 (2) (a)
"The Yang di-Pertuan
Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over
the Cabinet a member of the House of Representative who in his judgment is
likely to command the confidence of the majority of the members of that House."
and
Constitution of the state of
Sabah
Chapter 2 (6) (3)
"The Yang di-Pertua
Negeri shall appoint as Chief Minister a member of the Legislative assembly who
in his judgment is likely to command the confidence of a majority of the
members of the Assembly."
Chapter 2 (6) (7)
"For the purpose of
clause (3) of this Article, where a political party has won a majority of the
elected seats of the Legislative Assembly in a general election, the leader of
such political party, who is a member of the Legislative Assembly shall be the
member of the Legislative Assembly who is likely to command the confidence of
the majority of the members of the Assembly."
In rebuttal to the statement
by Yong Teck Lee (SAPP), it is important to read properly the article 6 (7) of
the Sabah State Constitution in its totality whereby only on the grounds that
the political party has won the majority of the elected seats in the assembly
can the leader of such a political party be “likely to command the confidence
of the majority of the Assembly”.
Therefore, it is very clear
that Yong is trying to mislead the people of Sabah by partially quoting the
particular sub-clause.
Hiew advices the people not
to be misled and confused by what Yong had said in his statement. His
explanation does not mean anything because, as per Article 43 (2) (a) of the
Malaysian Constitution and Chapter 2 sub-clause 6 (3) and 6 (7) of the Sabah
State Constitution, any person or leader of any political party, for that
matter.
Who has the majority of the
members of the House (Parliament) or State Assembly supporting him, shall be
the Prime Minister (Parliament) of Malaysia or in the case of the Sabah State
Assembly, the Chief Minister.
The clauses stated in the
state and federal constitution is very clear, and as a learned person, Yong
should be able to see clearly what is written there. He also said if SAPP were
to win a majority of seats in the election, then the Constitution states that
the Chief Minister shall be SAPP if he wins his own seat. What if SAPP does not
win enough seat to meet the majority, will Yong consider requesting help from
UMNO?