Constitutional Law - Parliamentary Privileges

i. In order for MPs to able to perform their duty without harassment and Undue Influence from Government and public, MPs were given special Parliamentary Privileges/immunities so that no legal action can be taken against them.

ii. However Parliament also has its own rules to punish MPs who abuse their Parliamentary Privileges. Please refer to the case of Fan Yew Teng v Govt. of Malaysia. 

iii. In England, olden days Crown hold this jurisdiction but after King Henry VIII House of Commons hold this jurisdictions.

A. Article 63 of Federal Constitution – Parliamentary Priviledges

It states : 

1. The validity of any proceeding in either House of Parliament or any committee, shall not be question in any courts. Please refer to the case of (IGP v Lee Kim Hong) and the case of (Lim Woon Chong v PP). 

2. No person shall be liable to any proceedings in respect of anything said or any vote given by him when taking part in any proceedings of parliament. 

3. No person shall be liable to any proceedings in any courts in respect of anything published by or under the authority of the Parliament.

4. No person is liable for any proceeding, if he say anything about YDPA or Rulers during proceeding/committee except, if he say about their abolition of their Constitutional right of Head of State.

B. House of Parliament (Privileges and Powers) Ord. 1952

This Ordn also provides additional Parliamentary Privileges for MPs and please refer to Section 3 and Section 8 of this ordin..

Exception to this provision

1. Article 63(4)provides :-

i. a person shall be liable to proceeding of he or she had been charge with anoffence law passed by Parliament under Article 10(4) of Federal Constitution (matters relates to right status position of Malays, native of Sabah, Sarawak and Rulers.

ii. a person charge under Seditions Act 1948 amended by Emergency (essestial powers) Ord. No: 45. Please refer to the case of PP v Ooi Kee Soik and the case of PP v Mark Koding.

2. The Standing Orders of Parliament may also restrict the Parliamentary Priveleges.

*Remarks made outside Parliament are not covered under this Privileges. Please refer to the case of Rahman Talib v D.R. Sinivasagam and the case of PP v Lim Kit Siang.

*Article 72 of Federal Constitution provides similar provisions for Privileges of Legislative Assembly at State Level.

Breach of Privileges (Standing Order: 80(2) and 80(03))

1. If MPs breach the provileges such as contempt of house:

i. Deliberately lying the House

ii. Giving false evidence to committee

iii. Threatening a MP if he/she votes on a particular way.

2. A complaint files to the speaker. Speaker will enquire whether any prima facie case. If there is a prima facie, he will bring to open house and submit to Privileges committee for enquiry and investigation. Then the committee will report to the house if serious breach and the committee will investigate. The House will debate and vote. He may be compel from House or suspended for certain period.
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