INTRODUCTION TO LAW EGEE 2305

LEGISLATIVE PROCESS IN MALAYSIA

TYPES OF BILLS
Bills

introduced in Parliament may be classified as:

Public bill; Private bill; Private members bill; and Hybrid or Government bills.

Public bill Public bills include bills on matter of general public interest such as national defense, public order and taxation.

Private bill A private bill is a proposal for a law that would apply to a particular individual or group of individuals, or corporate entity. E.g., The Universities and Universities Colleges (Amendment) Act 1996.

CONT
Private members bill A private members bill or a members bill is a proposed law introduced by any member of the legislature other than a minister or assistant minister. Hybrid or Government bills Bills that seem to be both public and private in nature are referred to as hybrid bills. Hybrid or Government bills are introduced by a minister or private member for general application but belong to the class of bills which appear to affect individual rights or interests.

CONT
For

example, a hybrid bill is used by the government on behalf of railway companies and transport agency to obtain authorization for major project deemed to be in the national interest, but which would affect a large number of private interests as well. the parliamentary system, most bills are proposed by the government, not by individual members of the legislature.

In

LEGISLATIVE PROCESS IN THE FEDERAL PARLIAMENT

The

Parliament of Malaysia is the national legislature of Malaysia. The bicameral parliament consists of the Dewan Rakyat (House of Representatives) and Dewan Negara (Senate). The YDPA as the Head of State is the third component of Parliament.
There

are two main stages in the process:

Pre-Parliamentary

Stage; and Parliamentary Stage

PRE-PARLIAMENTARY STAGE
Before a bill is introduced in the Parliament, the minister who wishes to make a new law will need to provide a government proposal. Next, a meeting will be conducted with the relevant government authorities and ministries to discuss and consider on the new bill. Experts and interested outside bodies may be consulted. After every member has agreed on the principles of the bill, it is then send to the Parliamentary draftsperson in the attorney Generals Chambers to draft the bill. When the draft is completed, it will be sent to the Cabinet for approval. Only when the cabinet approves the draft, the bill can proceed to the Parliamentary Stage to be introduced to the Members of Parliament.

Government proposal

Meeting between relevant government authorities

Drafting of bill by parliamentary draftserson

Cabinet approval of the bill

PARLIAMENTARY STAGE
The

legislative procedure in Parliament is provided in Chapter V, Part IV of the Federal Constitution and the Standing Orders of both Houses. Article 62 (1) of the Federal Constitution empowers the Federal parliament of Malaysia to regulate its own procedures for legislative process. The Standing Orders regulate the actual procedure in the passage of a bill in parliament. Article 66 (2), a Bill may originate in either House although it most often originates in the Dewan Rakyat.

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Article

67 (1), Bills also concerning tax or expenditure (money or Supply Bills) must originate in the Dewan Rakyat. A bill is normally presented to the Parliament by the minister responsible for that particular matter.
Article

66 (3), when a Bill has been passed by the House in which it originated it shall be sent to the other House; and it shall be presented to the Yang di Pertuan Agong for his assent. When a bill is introduced in one of the Houses, it is passed through the following process.

FIRST READING
When

a bill is first introduced in one of the two houses, only its title is accurately read. the bill is passed at this stage, its text is printed and distributed. Bill shall be read a second time until it has been circulated to members. [Standing Order, 53(2)]

After

No

SECOND READING
At

this stage, the Minister or Member in charge of the Bills explains its main purpose and the main issues of policy involved. debate the bill and the debate is limited to the purpose of the Bills but not the details. Dewan then votes on the Bill and if the Bill receives the requisite number of votes (either a simply majority of members present and voting or a two-third majority of the total number of members of the Dewan in accordance with the requirements of the Federal Constitution), it proceeds to the Committee stage.

Members

The

COMMITTEE STAGE
The

purpose of the Committee Stage is to enable or consider the details of the Bill clause by clause with appropriate amendments in a less formal manner discussion. the end of the Second Reading, most Bills are normally submitted to a Committee of the whole House and, in fact, the House resolves itself into a Committee on the Bill which is called Committee Stage.

At

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However,

sometimes, the Bill is not considered by the Committee of the whole House but by a Select Committee or a Standing Committee which is the ad hoc committee which have the power to obtain the view from the public.

Having

passed the Committee Stage the Bill is formally reported to the Dewan by the chairman of the Committee. this stage the amendments made in the Committee are considered by the Dewan, which may make any additional amendment.

At

THIRD READING
A

third reading is the stage of a legislative process in which a bill is read with all amendments and given final approval by a legislative body. Amendments may be put to a vote and, in order to pass a Bill, two-thirds majority of votes are required. However, sometimes, simple majority is sufficient to get the approval of a Bill. The House then either passes or defeats the bill. If the Bill finally passes, it continues in the process, is then sent to the other House for further consideration.

OTHER HOUSE
Article

66 (3), when a Bill has been passed by the House in which it originated it shall be sent to the other House. When a bill has passed one house, it is sent to the other house, where it follows a similar pattern. The Senate may amend the Bills and the amendment on the Bills must send back to the House that the bill originated to gain approval.
However,

the House of Senate have limited power as Senate has no power to veto, reject, or insist on its amendments to a Bill passed by House of Representative.

CONT
Besides,

House of Senate also has only limited delaying power as Senate is restricted to delay more than one month for Money Bill and twelve months if it is a non-Money Bill. House of Senate does not pass the Bill or disagree with the House of Representative on its proposed amendments, the Bill will be presented for Royal Assent at the end of the specified period.

If

CONT
Article

68 (1), where a money Bill is passed by the House of Representatives and, having been sent to the Senate at least one month before the end of the session, is not passed by the Senate without amendment within a month, it shall be presented to the Yang di-Pertuan Agong for his assent.

Article

68 (2) Where (a) a Bill which is not a money Bill is passed by the House of Representatives and, having been sent to the Senate at least one month before the end of the session, is not passed by the Senate or is passed by the Senate with amendments to which the House of Representatives does not agree; and

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(b)

in the following session (whether of the same Parliament or not) but not earlier than one year after it was first passed by the House of Representatives the same Bill, and is not passed by the Senate or is passed by the Senate with amendments to which the House of Representatives does not agree, the Bill shall, unless the House of Representatives otherwise directs, be presented to the Yang diPertuan Agong for his assent with such amendments, if any, as may have been agreed to by both Houses.

CONT
The

only exception is a Bill amending the Federal Constitution as such a Bill requires requisite majority in each House. such a Bill cannot be presented for the Royal Assent until it has been passed by both Houses as stated in Article 68 (5) of the Federal Constitution.

Thus,

ROYAL ASSENT
When

the bill passed both houses in accordance with Article 68 of the Federal Constitution, it will be passed to YDPA for his assent.

However,

YDPA does not has power to veto or reject any bill and he is required to give his assent within 30 days after a bill has been presented to him and if such assent has not been given after that time, it becomes law.

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Article

66 (4), the Yang di-Pertuan Agong shall within thirty days after a Bill is presented to him assent to the Bill by causing the Public Seal to be affixed thereto.

Article

66 (4A), if a Bill is not assented to by the Yang di-Pertuan Agong within the time specified in Clause (4), it shall become law at the expiration of the time specified in that Clause in the like manner as if he had assented thereto.

PUBLICATION
Article

66 (5), a Bill shall become law on being assented to by the Yang di-Pertuan Agong or as provided in Clause (4A), but no law shall come into force until it has been published, without prejudice, however, to the power of Parliament to postpone the operation of any law or to make laws with retrospective effect. is done in the Federal Gazette which is Warta Kerajaan Malaysia. are published in Malay and in English and the Malay text is authoritative text unless otherwise prescribed.

Publication

Acts

VOTING
Normally,

a bill is adopted by a simple majority vote of those members present and voting.

Article

159 (3), a Bill for making any amendment to the Constitution shall not be passed in either House of Parliament unless it has been supported on Second and Third Readings by the votes of not less than two-thirds of the total number of members of that House. total number of members of that House means not only those members present and voting but all members in the House.

The

CONT

The House of Representatives consists of 222 members of Parliament (MPs) who won the election in their respective origin place. The Senate consists of 70 members, also known as Senators; 26 are elected by the 13 state legislative assemblies, 2 Senators for each state; 4 are appointed by the YDPA to represent the three federal territories (Kuala Lumpur, Putrajaya and Labuan). In this case, Kuala Lumpur will have 2 senators and each for the others federal territories. The rest 40 members are appointed by the YDPA on the advice of the Prime Minister.
Dewan

Rakyat: 222 members required 148 votes Dewan Negara: 70 members required 47 votes

LEGISLATIVE PROCESS AT THE STATE ASSEMBLIES

The

legislative procedure in the State Assemblies is almost similar to that in the Federal Parliament with some local variations. are passed by the one chamber Legislative Assembly and assented to by the Ruler or Yang diPertua Negeri before becoming law. law can come into force until it is published.

Bills

No

The

same principle of voting procedure is used in the State Assemblies except the law relating to Malay Reservations.

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Article

89 (1), any land in a State which immediately before Merdeka Day was a Malay reservation in accordance with the existing law may continue as a Malay reservation in accordance with that law until otherwise provided by an Enactment of the Legislature of that State, being an Enactment

(a)

passed by a majority of the total number of members of the Legislative Assembly and by the votes of not less than twothirds of the members present and voting; and (b) approved by resolution of each House of Parliament passed by a majority of the total number of members of that House and by the votes of not less than two-thirds of the members voting.

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For

example: 60 members in the State Assembly. Only 40 members presented and 31 voted for the Bill. Then, the bill is considered passed. Bur if all 60 members present, 31 votes would merely constitute a simple majority. In this case the minimum requirement would be 40 votes to be twothirds of the members present and voting. Members who are not present during a sitting will be not eligible to vote and proxy voting is not acceptable.

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