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If There Is No Emergency Meeting In Parliament, We Shall Be Presenting A Motion In The July Session Concerning The Commission Of Enquiry To Restore Public Confidence On The Malaysian Judiciary Statement by Dr Tan Seng Giaw, DAP National Vice-Chairman & MP for Kepong on the Bar Council's proposed extraordinary general meeting on 23.6.2000, calling for a tribunal on Tun Mohd Yusoffe Chin and Lingam's NZ holiday photographs | |||||||
| The Malaysian Bar Council intends to convene an extraordinary general meeting on 23 June 2000. A motion, among many, to be proposed quotes Article 125(3) of the Federal Constitution to appoint a tribunal to enquire into the conduct of Chief Justice Tun Mohd Yusoffe Chin and his suspension. In 1994, Yusoffe took photographs with lawyer Lingam while holidaying in New Zealand. He says that he paid for his holiday. He is due to retire in a few weeks. The Minister in the Prime Minister's Department Datuk Dr Rais Yatim thought Yusoffe and Lingam holidaying as "improper behaviour." Article 125 (1) of the Federal Constitution reads: Subject to the provisions of Clauses (2) to (5), a judge of the Appelate Court shall hold office until he attains the age of sixty-five years or later time, not being later than six months after he attains that age, as the Yang di-Pertuan Agong, the King, may approve. Article 125 (3) reads: If the Prime Minister, or the Chief Justice after consulting the Prime Minister, represents to the Yang di-Pertuan Agong that a judge of the Appelate Court ought to be removed on the ground | |
any other cause, properly to discharge the functions of his office, the Yang di-Pertuan Agong shall appoint a tribunal in accordance with Clause (4) and refer the representation to it; and may on the recommendation of the tribunal remove the judge from office. The public do not know what actually happen. DAP National Chairman Lim Kit Siang has called for an emergency meeting of Parliament to form a commssion of enquiry to restore public confidence in the independence, impartiality and integrity of the judiciary. Rais has also called for more efficiency, transparency, integrity and accountability in the judicial system. These are the qualities which are applicable to all the three branches, the Legislature, the Executive and the Judiciary. As Members of Parliament, we are especially concerned about the independence of the judiciary and the ethical code of judges. We may have to appear in front of them. Some MPs do. We have brought the matter to Parliament before. We shall continue to do so. If there is no emergency meeting as proposed above, we shall present a motion to form a commission of enquiry to investigate the matter during the coming July session.
12 June 2000 Dr Tan Seng Giaw | |||||
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