Constitution can abolish, limit and suspend prerogative powers. Therefore, prerogative powers in the hands of the King have to be exercised in accordance with the constitution. Constitution is supreme and no one could be above the constitution.

The court, as guardian of the law, has to interpret the provisions of the constitution from the words alone, without importing extraneous rules of law, practice or convention. However, before exercising his prerogative powers, under modern conventions, the King acts on the advice of his ministers.

As far as the appointment and removal of the Governor of Sarawak these are governed by the Article 1(1) and (2) of the Sarawak Constitution and the King will act accordingly upon the advice of the responsible minister of the Sarawak government or by Sarawak Cabinet.

Therefore, be it known to citizens that the exercise of the power to remove the Governor has to follow the constitution and the King should be properly advised by the Sarawak Government of the King’s power in exercise of his powers under Article 1(2) of the Sarawak Constitution. Legal opinion is that, in Article 1(2) Sarawak Constitution, there is a condition precedent to be fulfilled first before the governor could be removed, that this, a vote has to be taken in the Dewan Undangan Negri Sarawak by the members who supported the removal of the governor before the King could be advised to remove the governor.

It is the humble opinion of legal experts that the court has the jurisdiction to enquire whether in exercising the King’s discretion under Article 1(2) of the Sarawak constitution, the King has overlooked the condition precedent required by the clause. So, just that the King has certain discretion does not mean that ipso facto the jurisdiction of the court is ousted.

The Cabinet Ministers by their oath of office has to protect the constitution and should advise the King about the Constitution accordingly so that the King would not act morally unconstitutional against the Constitution, although, not legally wrong.

It is observed in the United Kingdom, the exercise of prerogative powers had been tested in Laker Airways ltd v Department of Trade [1977] QB 643 where Lord Denning stated that “the law can (..) intervene if the discretion [under prerogative] is exercised improperly or mistakenly”.

The case of the removal of Dato Stephen Kalong Ningkan from the chief minister post by the Governor of Sarawak in June 1966 and Ningkan’s re-instatement by the High Court in early September 1966 is still fresh in the minds of most Sarawakians. This case clearly shows that the exercise of prerogative powers have to be in accordance with the law and may all of us not to overlook this as like Ningkan’s case can lead to a constitutional crisis.

It was widely believed that the ouster of Ningkan was a result of interference by the Malaysian federal government due to him being a strong advocate of greater state autonomy.


VOON LEE SHAN
PRESIDENT, PARTI BUMI KENYALANG

free website promotion SubmitX.com

Offer A Gift To Support Parti Bumi Kenyalang (以财礼方式来支援肯雅兰全民党)

Parti Bumi Kenyalang is a multi-racial political party in Sarawak and having an achievable mission :"IN QUEST OF INDEPENDENCE".

We plan to field 82 candidates in the coming Sarawak Election. We are not taking any donations but your gifts in appreciation of our struggles are appreciated. 

肯雅兰全民党是砂拉越的多元种族政党,其使命是可实现的:“追求独立之路”。我们计划在即将到来的砂拉越大选中派出82名候选人,因此我们需要砂拉越人民和海外支持者在经济上以财礼(gift) 方式来支援我们。

Click Here To Offer A Gift

(以财礼方式来支援我们)

Parti Bumi Kenyalang Facebook "Live" 肯雅兰全民党面子书直播

Parti Bumi Kenyalang Facebook Live

PBK Mission Passport使命护照

  

Download PBK Passport 
(for reference only)
下载肯雅兰全民党:使命护照 
(只共参考)

PBK Membership Application

Voice Of Kenyalang QR Code 肯雅兰之声二维码

Total Viewers Since 1 Dec 2018 从2018年12月1日至今总拜访人数

页面访问数:
4190164