Malaysia: Act No. 68 of 1966, Emergency (Federal Constitution and Constitution of Sarawak) Act

An Act to amend the Federal Constitution and to make provision with respect to certain constitutional matters in the State of Sarawak, consequent upon a Proclamation of Emergency having been issued and being in force in that State.

WHEREAS a Proclamation of Emergency has on the fourteenth day of September, 1966 been issued by the Yang di-Pertuan Agong in respect of a grave emergency which the Yang di-Pertuan Agong is satisfied exists in the State of Sarawak;

AND WHEREAS it appears to Parliament that the following provisions of this Act are required by reason of the said emergency:

NOW, THEREFORE, be it enacted by the Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Ra'ayat in Parliament assembled, and by the authority of the same, as follows:

1.

This Act may be cited as the Emergency (Federal Constitution and Constitution of Sarawak) Act, 1966.

2.

(1)In this Act-

"Chief Minister" means the Chief Minister of the State of Sarawak;

"Council Negri" means the legislature of the State of Sarawak;

"Governor" means the Governor of the State of Sarawak;

"Speaker" means the Speaker of the Council Negri;

"State Constitution" means the Constitution of the State of Sarawak;

"Supreme Council" means the Supreme Council of the State of Sarawak.

(2)Where by any provision of this Act the Governor is empowered to do any act in his absolute discretion, the Governor shall not be obliged, notwithstanding anything in the State Constitution, to consult with the Supreme Council., or to act in accordance with any advice tendered by the Supreme Council or any member thereof, in the exercise of his discretion.

3.

(1)In Article 150 of the Constitution

(a)in clause (5), after the word "Constitution" where it first occurs, there shall be inserted the words "or in the Constitution of the State of Sarawak"; and

(b)in clause (6) after the word "Constitution" at the end thereof, there shall be added the words "or of the Constitution of the State of Sarawak".

(2)The amendments made by subsection (1) of this section shall cease to have effect six months after the date on which the Proclamation of Emergency issued by the Yang di-Pertuan Agong on the fourteenth day of September, 1966 ceases to be in force.

4.

(1)Notwithstanding anything in the State Constitution Governor may, in his absolute discretion, summon the Council Negri to meet at such place and on such day or dates and after such period of notice as he shall think fit, and the provisions of the Standing Orders of the Council shall, to the extent that they are inconsistent with the directions of the Governor contained in the Summons, be deemed to be suspended.

(2)In order to ensure that any meeting of the Council Negri summoned as aforesaid is duly held and that any business which it is expedient, in the opinion of the Governor, should be transacted thereat is duly transacted and concluded, the Governor may, in his absolute discretion, direct that any of the Standing Orders of the Council Negri be suspended and give any special directions which he may consider necessary.

(3)Any such directions as aforesaid shall be in the form of a message to the Council Negri addressed to the Speaker, and the Speaker shall comply therewith.

(4)If the Speaker fails to comply with any direction given by the Governor as aforesaid, the Governor may, in his absolute discretion, nominate any member of the Council Negri to act as Speaker, and the member so appointed shall have all the powers of the Speaker, for the purposes of that meeting.

5.

(1)If at any meeting of the Council Negri, whether held in pursuance of the provisions of section 4 of this Act or otherwise, a resolution of no confidence in the Government is passed by the votes of a majority of those members present and voting, and if after such a resolution is passed the Chief Minister fails forthwith to resign his office and to tender the. resignation of the members of the Supreme Council, the Governor may, in his absolute discretion, dismiss the Chief Minister and the members of the Supreme Council.

(2)Where the Chief Minister and members of the Supreme Council have been dismissed as aforesaid they shall forthwith cease to exercise the functions of their respective offices and the provisions of the State Constitution shall thereupon have effect for the purpose of appointing a new Chief Minister and members of the Supreme Council and for all other purposes pursuant thereto.