还没修宪就去除State字眼

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还没修宪就去除State字眼,会导致砂拉越行政等很多方面的大混乱?!

而且砂拉越政府还没通过宪法就宣布去掉“state”字眼,这可能会违反宪法,而且在法律上是错误之举!

也是律师的YB施志豪说,若在没修改目前砂拉越宪法条文情况下,就先把这些现有职称更改为Setiausaha Kerajaan Sarawak,这会带来很大的问题。

”还没修宪就去除State字眼,将会对State Constitution造成牵一发而动全身的很多后遗症。

几个重点:

1. 砂拉越州政府要证明提出去除‘州’字眼并不是为了自我感觉满足。

2. 不应该针对“State”用词做狭隘的诠释。纵观一个独立自主的国家也是使用“State”这用词(United States)

3. 身为一个领袖,应该要有更大的责任感,而不应该出于政治议程目的。

4. 以去除“州”(State)字眼来玩弄民粹主义情感来博取民众的好感,这对砂拉越没什么助益。拿回实际权益最重要。

5. 我们的宪法名称“砂拉越州宪法”(The Constitution of the State of Sarawak)、“州务秘书”(State Secretary)、“州律政司”(State Attorney-General)、“州财政司”(State Financial Secretary),是根据砂拉越宪法第11条文所构成和任命的。

English version:

The Sarawak State Cabinet is advised to table a motion at the impending Sarawak Dewan Undangan Negeri (State Legislative Assembly) sitting to debate on its decision to drop the word “State” for “Sarawak” and to give effect to it by using it in all official document.

“The change must be made, through constitutional amendments, so that it will not confuse the general Rakyat, and it must be shown that it is not just an act of self-gratification,” said See.

The Batu Lintang State Assemblyman was commenting on the viralled statement quoting the Chief Minister as saying that the word “State” is dropped with immediately effect. The CM was also quoted as using the example that of “YB Setiausaha Kerajaan Negeri Sarawak” to be called “YB Setiausaha Kerajaan Sarawak” or “Sarawak Government Secretary”.

To drop the word “State” for official purpose is not something consequential to the amendment of Article 1(2) under the Federal Constitution. We have to make substantial amendments to our Sarawak Constitution.

“In fact, even our Sarawak Constitution is called ‘The Constitution of the State of Sarawak’”, said See: “and our ‘State Secretary’, together with the ‘State Attorney-General’ and ‘State Financial Secretary’ are so constituted and appointed under Article 11 of the Sarawak Constitution. It may be unconstitutional and therefore wrongful in law, to call them ‘Sarawak Government Secretary’, ‘Sarawak Government Attorney-General’ and ‘Sarawak Government Financial Secretary’ without amending Article.”

“Further, we cannot refer to the office of the Governor ‘Yang Di-Pertua Negeri’ as ‘Yang Di-Pertua Sarawak’ without amendment almost half of all the constitutional provisions in the State Constitution. Similarly for the State Cabinet which is constituted as ‘Majlis Mesyuarat Kerajaan Negeri’ and the State Legislative Assembly constituted as ‘Dewan Undangan Negeri’. These are just a few examples to show the gravity of trying to drop the word ‘State’. A massive amendment to the Sarawak Constitution will have to be made to give it the constitutional effect.”

However, I must reiterate that we should not give the word “State” with a capital letter ‘S’ a very narrow interpretation. An independent nation is also referred to as a ‘State’, as Sarawak and Sabah were, when they were so referred to as “States” in Article 1(2) of our Federal Constitution, under the Malaysia Act 1963, described as “the Borneo States, namely Sabah and Sarawak”, and to mean distinct territories by implication in the same Article 1(2) before the 1976 constitutional amendment.

As a leader, we should be responsible in governance, instead of playing to the populist tune of dropping the word “State” which serves little purposes, and it could even be counter-productive. All Sarawakian efforts should instead be focused on serving Sarawak and fulfilling the collective and greater interests of all Sarawakians.

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