Once Perlis Speaker has confirmed receipt of Titi Tinggi Assemblyman Yip Sun Onn’s resignation, it cannot be retracted or it could be challenged in a court of law

It’s a political bombshell – the resignation of Titi Tinggi Assemblyman from Perlis, Yip Sun Onn after he was removed from the state executive council and replaced with Indera Kayangan assemblyman Dr. Por Choo Chor last Friday because of MCA’s “Three Kingdom” factional infighting.

But it is also a legal bombshell – for once Perlis Speaker, Yazid Mat has confirmed receipt of Yip’s letter of resignation (which he has done to more than one media), Yip’s letter of resignation cannot be retracted or it could be challenged in a court of law.

Various parties, including the Speaker, the Perlis Mentri Besar Datuk Seri Mohd Isa Sabu and the Perlis MCA Chief Datin Paduka Chew Mei Fun, are trying to persuade Yip to reconsider his resignation – as reported by various printed and online media.

But this is too late. Once Yip’s resignation letter had been received by the Speaker, it cannot be retracted and if Yip tries to do so, his status as State Assemblyman could be challenged in a court of law, as Yip would be an unlawful State Assemblyman from the date of his resignation and the Speaker would be acting unlawfully in allowing the resignation letter to be retracted.

Of course, the Speaker could take pains to ascertain whether Yip’s letter of resignation was a genuine one or whether the signature was counterfeit or result of blackmail – but the Speaker’s powers are limited and he could not ask Yip to reconsider and withdraw his resignation if Yip had indeed sent in such a letter.

It is understandable that there is a sense of panic in MCA and Barisan Nasional camp because this cannot be a worse possible time for them to face a by-election with the Pakatan Rakyat. But that is another matter.

The Perlis Speaker and Mentri Besar should not be acting in any manner making them into national jokes if they try to get Yip to reconsider what is already a fait accompli and beyond the powers of Yip to undo – his resignation as Titi Tinggi Assemblyman in Perlis.

What the Speaker should do honourably and properly is to submit Yip’s resignation to the Election Commission for a by-election to be held within 60 days.

20 Replies to “Once Perlis Speaker has confirmed receipt of Titi Tinggi Assemblyman Yip Sun Onn’s resignation, it cannot be retracted or it could be challenged in a court of law”

  1. It amazing how the lot of them think absolutely NOTHING of the law when they do something. It does not occur to them to check the law and procedure first.

    Anything is possible under UMNO/BN rule. Its one thing to be positive in what you do, its quite another to have no respect for the law or rather its at most secondary to EVERYTHING they want to do.

    Its just disgusting.

  2. According to the law, the Titi Tinggi state assembly seat in Perlis is now vacant and a by-election is due within 60 days.

    The Perlis Speaker should act on it and duly inform the Election Commission of the resignation of the Titi Tinggi assemblyman.

    There are no two ways about it and in this case, please don’t play politics on it!

  3. But umno has one special piece of unwritten law (widely given the status of a legislation) called The Malaysia Apapunboleh and Similanchiaopunok Act (which is popularly shortened to Malaysia Boleh).

    Umno can always reverse, retract, cancel, backtrack, deny, alter, vary, add, substract, divide, take away or neutralise anything and everything, including agreements, promises, covenants and undertakings, using Malaysia Boleh.

    Just ask nazri.

  4. ///Once Perlis Speaker, Yazid Mat has confirmed receipt of Yip’s letter of resignation, Yip’s letter of resignation cannot be retracted or it could be challenged in a court of law/// – YB Kit.

    With respect, I believe that in Boleh land and by its laws, Yip Sun Onn’s letter can be retracted, if he so wishes, and there will not be a by-election in this BN controlled state.

    Firstly, it can be argued that until Speaker Yazid accepts it, it can be retracted by Yip if he changes his mind (before the acceptance) after MCA leaders including Chew Mei Fun appease him. The argument that Speaker’s role is confined to ascertaining “whether Yip’s letter of resignation was a genuine one or whether the signature was counterfeit or result of blackmail” – the part “genuine” may be argued to include finality of decision on Yip’s part made freely that includes his changing his mind before Speaker’s acceptance. [The point that tips the scale in favour of an assemblyman changing his mind about resignation (done in a haste) is that not allowing him to resign is consistent with public policy of ensuring his constituency that voted him in are not deprived of his representation by an impulsive resignation!)

    Secondly, to say that the Perlis Speaker has no part to play except just to accept the resignation passively is to contradict Pakatan Rakyat (PR)’s earlier stand in the Perak constitutional imbroglio when and where it was consistent stand of PR that its Perak speaker Sivakumar had the sole prerogative to determine if the resignations of the three kataks – Jamaluddin Mat Radzi and Mohd Osman Jailu and He Yit Foong – took effect thereby establishing a “casual vacancy” within meaning of article 36(5) of Perak State Constitution for purposes of activating a by-election….

    The third and the most compelling reason – it is the Election Commission – and not the Speaker – that has final say in determining whether, having regard to the state constitution, there is a casual vacancy for by election. This was decided by the Federal Court on 8th June 2009 in the case between the 3 kataks and Sivakumar where the former said that their letters of resignation did not trake effect whilst Sivakumar argued that they did. The Perlis Constitution on casual vacancy [article 5(5)] is para material in wordings with that of Perak state Constitution [article 36(5)] so that if it was decided by the apex court that the Election Commission has final say whether the resignation under the Perak state Constitution takes effect and a casual vacancy is established as a consequence thereof, then this will equally apply to the Perlis’s State Constitution of same wordings. [This is not the case for states like Johore, Negeri Sembilan, Selangor, Terengganu and Sabah whose state constitutions are worded differently from Perak’s and Perlis’s in that they do not make explicit reference to Election Commission’s establishing/determining a “casual vacancy” in the assembly to be filled within 60 days!]

    The upshot is that if Yip changes his mind about resigning, he will argue that he is entitled to do so for so long as the Speaker has not accepted the resignation, and in any case the decision of the BN’s speaker and the Election Commission will be in accord to confirm their determination that no casual vacancy is established (due to Yip’s change of mind).

  5. kit,
    You know and I know that all these MCA chaps are in the party for one thing – perks of office. You think they care about their community?
    Yip is sore that he no more ex-co and wants to quit. The speaker will say the letter is forged and Yip denied signing it.
    Now what can we say?
    Yip will be laughing his way to the bank with his millions? Now this is MCA at its best.

  6. This is called creativity! Not only the PR frog is valuable, be creative!. This is the right time for MCA member to go for a kill, go ahead grab as much you could, anyhow you got nothing to lose now!.

    I think this strategy is going to work!, for those BN adun or MP if your constituency met the right criteria, you have to seriously look into whealth opportunity. For MCA adun/mp this is the timing of the lifetime, if you stand to win in the next couple of days stay put, if not, why wait? Time to try for super-jackpot!.

  7. This is called creativity! Not only the PR frog is valuable, be creative!. This is the right time for MCA member to go for a kill, go ahead grab as much you could, anyhow you got nothing to lose now!.

    I think this strategy is going to work!, for those BN adun or MP if your constituency met the right criteria, why don’t try to hit the jackpot. For MCA adun/mp this is the timing of the lifetime, if you stand to win in the next couple of days stay put, if not, why wait? Time for a jackpot.

  8. “We are trying to speak to him, trying to persuade him to come back to the Dewan. We have to cool him down,” he (Speaker) said. – The Malaysian Insider
    =========================================================

    If Yip is from Pakatan Rakyat, would the Speaker persuade him to come back to the Dewan??

  9. He hasn’t RESIGNED until the fat lady says so or sings, as the saying goes. Just wait and see. I wonder what GAME is being played now?
    Maybe just a ploy to test the wind for an early election? What ever it is, take it one step at a time. Tread carefully because hidden hands are waiting…..!!??

  10. Assuming that the scenario painted by Jeffrey is right. There is a larger issue of whether to cave in to Yip’s demand for UMNO/BN. MCA is not going to pay for it – it will have to come from BN and essentially UMNO. It will set a precedent so dangerous the party will be unmanageable. Every freaking Sabah and Sarawak assemblymen can hold UMNO/BN hostage this way and it will be nightmare.

    Nope, Yip is not going to retract, its up to the Speaker to delay the whole thing until they can figure out a way to force Yip to retract – also a bad thing because it will mean you will see mass MCA defection to PR not very long.

    No. Speaker either have to make himself absolutely ridiculous OR more likely we are looking at election. It is strangely the least painful option for BN..

  11. If Yip is from Pakatan Rakyat, would the Speaker persuade him to come back to the Dewan?

    No, the Speaker would be contacting the Elections Commission not to set any by-election because Yip would be in the BN-friendly “Independent” block as Zahrain, Zul, Ibrahim and Tan Tibeng.

  12. This action is proof to all Malaysian. UMNO/BN will suspend election if they think they are going to lose. This means that GE13 is the LAST chance for Malaysian to peacefully change the govt. There will not be a GE 14 because the evidence will be clear PR will win Putrajaya come GE 14.

  13. Chew Mei Fun said Yip quit. Speaker said Yip hasn’t officially quit since the Speaker has to decide on the validity of the letter of resignation. BN said Yip hasn’t quit.

    Sigh….make sure that these clowns are forced to quit once and for all in 2013. No ifs and buts. We just have to do it for them.

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