[ad_1]
Datuk Abdul Karim Rahman Hamzah is interviewed by journalists at a recent event. – Photo by Chimon Upon
KUCHING (Nov 10): Sarawakians over the age of 18 can be elected as Assemblymen if the Sarawak State Constitution (Amendment) Ordinance, Bill 2020, introduced today, is passed.
It will also allow the “residents” of Sarawak to be elected to the Dewan Undangan Negeri (DUN).
Youth and Sports Minister Datuk Abdul Karim Rahman Hamzah, introducing the bill at DUN this morning, said that he was seeking to amend article 16 of the Sarawak Constitution to lower the qualifying age from 21 to 18 and clarify the words “resident in the state.” .
He noted that the Law (Amendment) of the Federal Constitution of 2019 [Act A1603] which was approved by Parliament on July 16, 2019 and entered into force on September 10, 2019, among other things, modified the age qualification of the people who will be elected as members of the DUN in Section 5 of Part I of the Eighth Annex of the Federal Constitution. .
It noted that Article 71 (4) of the Federal Constitution required that the Constitution of any state have similar provisions in Part I of the Eighth Schedule, as they were considered “the essential provisions.”
He cited two decisions of the Federal Court that a Constitution of a State must have the essential provisions in the Eighth Annex of the Federal Constitution.
“It follows that if the Constitution of a State does not have the essential provisions of the Eighth Annex, Parliament can pass a law to give effect in that State to the essential provisions or to eliminate the incompatible provisions.
Therefore, it is necessary to modify article 16 of the
Constitution of the State of Sarawak to give effect to this essential provision in a way that is compatible with the Federal Constitution, ”he said.
Abdul Karim said that currently, the age qualification of people to be elected as elected members of the DUN in article 16 of the Sarawak State Constitution is 21 years, but the same article does not define who are ‘residents of the state’ .
“As guaranteed by the Malaysia Agreement of 1963, Article 161E (4) of the Federal Constitution is read in conjunction with the Immigration Act of 1959/63 c. [Act 155], the State Authority is empowered to determine matters related to residence and the right of entry to the State.
“Therefore, this amendment to incorporate the definition of” resident in the State “aims to clarify such qualification of” resident in the State “within the limits of the constitutional authority of the State,” he said.
Abdul Karim said that the amendment to the definition of “resident in the state” is linked to section 71 of the Immigration Act 1949/63. [Act 155] Ensure that the definition is compatible with said provision on persons treated as belonging to the State of East Malaysia as provided in the Immigration Act 1949/63. [Act 155].
[ad_2]
