PETALING JAYA: De facto Law Minister Datuk Seri Takiyuddin Hassan is talking bunkum when he denied that the Cabinet was “shifting goalposts” as to when the emergency period should end, Lim Kit Siang (pix) said today.
THE DAP leader asked Takiyuddin what he meant when he said he was merely “correcting” the rules when he said he corrected the Health Director-General Tan Sri Noor Hisham Abdullah for saying only the king had the discretion to extend the emergency.
Noor Hisham pointed out that it was the Cabinet’s responsibility to advise the Yang di-Pertuan Agong whether or not the emergency should be extended.
“The constitutional rules on the ‘Yang di-Pertuan Agong acting on advice’ are crystal clear,” Lim said today.
“Article 40. (1) In the exercise of his functions under this Constitution or federal law the Yang di-Pertuan Agong shall act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, except as otherwise provided by this Constitution; but shall be entitled, at his request, to any information concerning the government of the Federation which is available to the Cabinet.
“(1A) In the exercise of his functions under this Constitution or federal law, where the Yang di-Pertuan Agong is to act in accordance with advice, on advice, or after considering advice, the Yang di-Pertuan Agong shall accept and act in accordance with such advice.”
The Iskandar Puteri MP said the Agong may act in his discretion in the performance of the following functions:
(a) the appointment of a Prime Minister;
(b) the withholding of consent to a request for the dissolution of Parliament;
(c) the requisition of a meeting of the Conference of Rulers concerned solely with the privileges, position, honours and dignities of Their Royal Highnesses, and any action at such a meeting, and in any other case mentioned in this Constitution.”
