KUCHING: Words that are treasonable and seditious are not privileged even when uttered in the State Legislative Assembly (DUN), said Asajaya assemblyman Datuk Abdul Karim Rahman Hamzan.
Karim said it was up to the Attorney-General (AG) to prosecute those who uttered them.
“One is not covered by House privilege for uttering seditious and treasonable words. The final say on whether to prosecute or not rests on the AG,” said the Assistant Minister of Youth Development (Urban).
“There had been decided cases on this. Case in point is PP vs Mark Koding. He was charged for uttering seditious words in Parliament in 1978, whereby in his speech he asked for the closure of Chinese and Tamil schools in Malaysia.
“He was charged and found guilty,” said Karim on Thursday when asked for his opinion on Pujut assemblyman Fong Pau Teck’s statement made at the DUN.
Santubong MP Dato Sri Wan Junaidi Tuanku Jaafar, when contacted yesterday, also confirmed there were several cases similar to Mark Koding’s over the years, but not as many as that in the English Parliament.
“But whether any statement is seditious is defined by the Sedition Act and interpreted by the judge. I cannot remember how many cases like this in Malaysia but certainly volumes of them could be found in England,” said the Deputy Home Minister.
On Thursday, Fong had, in his motion, called for a change of status of the DUN to parliament, the post of chief minister to prime minister, and that of the Yang di-Pertua Negeri (TYT) to Yang di-Pertua Negara.
The motion was rejected under Standing Order 32 (11).
Fong also uttered the same statement during his debate on the motion of appreciation for the TYT’s speech.
Karim interjected it by saying that Fong’s call was unreasonable.
Later, Karim told The Borneo Post that Fong was implying that Sarawak should be a republic or an independent nation, having its own head called the prime minister and a separate parliament.
He said Fong should be responsible enough to understand the implication of his words. When it is deemed treasonable or seditious the DUN Speaker has the right to stop the proceeding under Standing Order 32 (11).
“He (Fong) is bound by his pledge to be loyal to Malaysia and the federal constitution and he should not utter words tantamount to treason,” said Karim.
In PP vs Mark Koding, an MP, the late Koding was charged with sedition under Section 3(1)(f) of the Sedition Act 1948 and was convicted.
Koding had made a speech before Parliament in which he questioned the existence of Chinese and Tamil schools and the use of Chinese and Tamil language on signboards.
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