Motion to debate secretariat lockout

Taiping Member of Parliament Nga Kor Ming filed an emergency motion on Wednesday to debate and condemn the incident at the Perak state secretariat building on Tuesday morning.
Nga described yesterday’s events, in which assemblymen were barred from entering the building to hold an emergency sitting of the state assembly, as abuse of power by the state secretary and police.
The emergency motion was filed under Standing Order 18 at 12:13pm Wednesday with the Dewan Rakyat Speaker’s office.
He said the state secretary and the police had acted beyond the powers of the executive, and their actions had brought shame to the law-making institution of the state.
“We are aware of the fact that the interest of the legislative is not within the jurisdiction of the executive, and the actions by the state secretary and the police are a serious usurpation of power.
“This goes against the doctrine of separation of powers enshrined in the Federal Constitution,” he told reporters at the Parliament lobby.
Nga said they could be charged under Section 124 of the Penal Code for wrongfully restraining a member of a legislative assembly from carrying out his or her duties. Under the law, offenders face a maximum penalty of seven years in jail.
He said it was important for the Dewan Rakyat to make a stand to protect the democratic parliamentary system and defend the sanctity of legislative institutions, including Dewan Rakyat and the Perak state assembly.
“When MPs and state assemblymen are prevented from entering legislative assemblies, the democratic system is being buried,” he said.
On Tuesday, Perak State Assembly Speaker V. Sivakumar convened an emergency sitting of the assembly in a vacant lot near the state secretariat building after assemblymen were barred from entering the building by the state secretary and the police.
Nga, who is also Pantai Remis assemblyman, also called for Datuk Dr Zambry Abd Kadir to resign after the emergency sitting of the state assembly endorsed Datuk Seri Mohd Nizar Jamaluddin as the legitimate mentri besar.
He said the sitting was lawfully held, and had the necessary quorum to proceed.
“I call on my good friend Dr Zambry to resign as he has lost the confidence of the majority,” he said.
When asked if the call for Dr Zambry’s resignation meant that he recognised the latter’s appointment as mentri besar in the first place, Nga said: “No, it doesn’t mean we recognise his appointment.
“But when the Dewan endorses Nizar, it also means they have lost confidence in Zambry. There cannot be two mentri besars, and the assemblymen had endorsed Nizar,” he said.
On Tuesday, Nga and Titi Serong assemblyman Khalil Idham Lim had lodged police reports against the Ipoh OCPD ACP Azisman Alias and State Secretary Datuk Abdul Rahman Hashim for stopping the 28 assemblymen from entering the Perak Darul Ridzuan Building.
Khalil later told reporters that a group of “thugs” -- whom he claimed to be Umno supporters -- and a Federal Reserve Unit team led by Azisman Alias had stopped him and 27 other assemblymen from entering the building to attend the state legislative assembly sitting.
He alleged that both Azisman and Abdul Rahman had committed a criminal offence by restraining members of the assembly from excercising their duties.
Nga had described the incident as “embarrassing” and “unprecedented in the country’s 52 years of nationhood.”
He said Abdul Rahman should be held responsible for the incident for locking the door to the building, forcing the state legislative assembly to convene an emergency session under a tree not far from the building.
He added that he would also apply to set aside the Ipoh High Court order restraining State Assembly Speaker V. Sivakumar from convening any meeting purporting to be a state assembly.