COMMENT | Bid to remove Perak speaker an assault on parliamentary system

COMMENT | May 12 saw a complete assault on the Malaysian parliamentary democratic system at the Perak state legislative assembly by the Perak Perikatan National state government.

As the speaker chairing the Perak state legislative assembly, I was completely shocked at how the Perak PN state government under Menteri Besar Ahmad Faizal Azumu orchestrated the assault on the state assembly.

This case warrants an immediate investigation against him and his government under the following provisions of the Penal Code:

1. Section 124 – Assaulting a member of Parliament with intent to compel or restrain the exercise of any lawful power.

Whoever, with the intention of inducing or compelling, or attempting to induce or compel a member of Parliament or of any legislative assembly or of any state executive council, to exercise or refrain from exercising in any manner the lawful powers of such member, assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes by means of criminal force, or the show of criminal force, or attempts so to overawe, such member shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to a fine.

2. Section 124B – Activity detrimental to parliamentary democracy.

Whoever, by any means, directly or indirectly, commits an activity detrimental to parliamentary democracy shall be punished with imprisonment for a term which may extend to 20 years.

3. Section 124C – Attempt to commit activity detrimental to parliamentary democracy.

Whoever attempts to commit an activity detrimental to parliamentary democracy or does any act preparatory thereto shall be punished with imprisonment for a term which may extend to 15 years.

4. Section 503 – Criminal intimidation.

Whoever threatens another with any injury to his person with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.

5. Section 506 – Punishment for criminal intimidation.

Whoever commits the offence of criminal intimidation shall be punished with imprisonment for a term which may extend to two years or with fine or with both. 

Why it is an assault on Perak state assembly

Firstly, the state government secretly invaded the Perak state assembly and tampered with the microphone system until they took control of it from me. 

On numerous occasions during the proceedings, when I wanted to use the microphone, the microphone system could not be turned on. The microphone system was supposed to be under the full control of the speaker and I can override and determine who should be given the right to speak. 

It was functioning well on Sunday (May 10) when I tested it but I had no control of it when I chaired the state assembly sitting on May 12. 

Secondly, they brought in about 20 men-in-black with the intention to forcibly remove me when I was presiding the state assembly (though I had the intention to resign after my speech/announcement ) and no motion of no confidence to remove me was on the agenda for the day. These men-in-black have unlawfully trespassed into the state assembly without my knowledge or consent.

Thirdly, I had invited more than 20 media (only one representative this time as compared to about three or four per media in the past because of Covid-19) to cover the sitting but the state government refused them entry and allowed only official media to be present.

Fourthly, I had instructed livestreaming for the whole sitting session (as was in the past) but they stopped the livestreaming after the royal address of His Royal Highness the Sultan of Perak so that the public had no access to the proceedings and they were in full control over the news that would be released to the public.

Lastly, the sergeant-at-arms who are the state assembly officials to maintain order and security of the state assembly at the speaker’s behest were forced to turn against the speaker and evict him from the state assembly because they are under the payroll of the state government. The Perak PN state government orchestrated a mutiny within the state assembly!

In short, the state government had planned and acted to take full control of the state assembly. They wanted to forcibly evict me, and with only the official media present at the time, they hoped to produce propaganda news to deceive the public.

Fortunately, some of the state representatives were quick to record the proceedings with their handphone cameras. I forewarn the people that the news or videos that will be produced by the state government will be a doctored or fabricated version of what transpired and they must not fall into its propaganda.

However, they may no longer dare to do it because some of the state representatives also have recordings of the proceedings.

I call on the police to thoroughly investigate this case and charge those who planned this assault. If no action is taken, soon the government will invade Parliament, other state assemblies and the judicial courts.

Malaysia is a civilised nation that believes in the rule of law. For that reason, laws have been enacted to protect the sanctity of the courts, the legislative assemblies and Parliament from the government which has the police, army, ammunitions and armaments at their disposal. 

We know all over the world that a country ruled by the barrel of the gun will remain backwards and barbaric in its ways, but those who believe in the rule of law has a society that is civic-minded and civilised.

I, therefore, call on the police to act immediately against those involved and charge them in court so that our rule of law can be upheld.

May 12 was a shameful day at the Perak state legislative assembly!

NGEH KOO HAM is the outgoing speaker of the Perak state assembly and also Beruas MP. 

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