National Convention continues Clarification on the amendments, additions, repeals and transfer made

Yangon, 6 Aug - The Plenary Session of the National Convention continued at Pyidaungsu Hall in Nyaunghnapin Camp, Hmawby Township, here, at 9 am today.

Chairman of the National Convention Convening Work Committee (NCCWC) Chief Justice U Aung Toe made clarification on matters concerning the amendments, additions and repeals and transfer out of the fundamental principles and detailed basic principles that have been adopted by NC and Vice-Chairman of NCCWC Attorney-General U Aye Maung continued to read out the clarification made by the Chairman of NCCWC.

Present on the occasion were National Convention Convening Commission Chairman State Peace and Development Council Secretary-1 Lt-Gen Thein Sein and members, National Convention Convening Work Committee Chairman Chief Justice U Aung Toe and members, National Convention Convening Management Committee Chairman Auditor-General Maj-Gen Lun Maung and members, chairmen and officials of subcommittees, delegates of political parties such as National Unity Party, Union Pa-O National Organization, Shan State Kokang Democratic Party, Mro (or) Khami National Solidarity Organization, Lahu National Development Party, Union Kayin League, Kokang Democracy and Unity Party and Wa National Development Party, representatives-elect of National Unity Party and Mro (or) Khami National Solidarity Organization, independent representatives, delegates of national races from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of peasants from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of workers from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of intellectuals and intelligentsia, delegates of State Service Personnel from the State Peace and Development Council Office, the President Office, the Pyithu Hluttaw Office, the Government Office, the Supreme Court, the Attorney-General's Office, the Auditor-General's Office, the Multi-party Democracy General Election Commission Office, the Civil Service Selection and Training Board,the Yangon City Development Com- mittee, the Mandalay City Development Committee and the State service personnel of the respective ministries, other invited delegates, delegates from Shan State (North) Special Region-1, Shan State (North) Special Region-2, Shan State (North) Special Region-3, Shan State (East) Special Region-4, Shan State (North) Special Region-5 (KDA), Shan State (South) Special Region-6, Kachin State Special Region-1, Kachin State Special Region-2, Kayah State Special Region-1, Kayah State Special Region-2, Kayah State Special Region-3, Kayinni National Democratic Party (KNDP) (Dragon) Group, Kayinni National Progressive Party (KNPP) Breakaway (Hoya), Kayinni National Unity and Solidarity Organization (Ka Ma Sa Nya), Democratic Kayin Buddhist Organization (DKBA) and Haungthayaw Special Region Group who have returned to the legal fold, Nyeinchanyay Myothit Group from Hpa-an Township of Kayin State, Burma Communist Party (Rakhine Group), Arakan Army (AA), Homein Region Development and Welfare Group, Shwepyiaye (MTA), Manpan People's Militia Group, Mon Peace Group (Chaungchi Region) and Mon (Breakaway) Nai Seik Chan Group that had exchanged arms for peace.

At 7.30 am, before the plenary session of the National Convention, Chairman of National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein and members, Chairman of National Convention Convening Work Committee Chief Justice U Aung Toe and members, Chairman of National Convention Convening Management Committee Auditor General Maj-Gen Lun Maung and members, chairmen of the respective subcommittees and members, delegates of political parties, representatives-elect, delegates of national races, delegates of peasants, delegates of intellectuals and intelligentsia, delegates of workers, delegates of service personnel and other invited delegates signed in the attendance books at Pyidaungsu Hall and the recreation hall for National Convention delegates.

Chairman of NCCC Secretary-1 Lt-Gen Thein Sein presided over the plenary session and Secretary of NCCC Minister for Information Brig-Gen Kyaw Hsan acted as master of ceremonies.

The Secretary of NCCC announced the start of the meeting as there were 1,048 delegates attending out of 1,071 listed accounting for 97.85 per cent.

First, Chairman of the National Convention Convening Work Committee (NCCWC) Chief Justice U Aung Toe made clarification on matters concerning the amendments, the additions and the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by the National Convention.

Next, Vice-Chairman of NCCWC Attorney- General U Aye Maung continued to read out the clarification made by the Chairman of NCCWC.

The Plenary Session of the National Convention went into recess at 10 am. (Clarification on matters concerning the amend-ments, the additions and the repeals and the transfer made by the Chairman of NCCWC is reported separately.)

The State fundamental principles are the guidelines to be followed by the legislative Hluttaws in enacting laws and interpreting provisions of State Constitution and of other laws

Yangon, 6 Aug - The following is the clarification made by the Chairman of the National Convention Convening Work Committee on the amendment, the repeal, the transfer and the addition at the Plenary Session of the National Convention at Nyaunghnapin Camp in Hmawby Township today.

Mr Chairman and National Convention delegates,

Now, the National Convention has successfully adopted the chapter-wise fundamental principles and detailed basic principles that are to be included in formulating the Constitution. The National Convention delegates have unanimously adopted the said fundamental principles and detailed basic principles taking time in holding discussions on them from various angles. Hence, they are the principles that should be actually based in writing the Constitution. The National Convention Convening Work Committee will now explain the matter concerning the amendment, the repeal, the transfer and the addition of the fundamental principles and detailed basic principles as necessary after assessing them to be in accord with the time and situation, for the adopted fundamental principles and detailed basic principles to be in proper serial order, to define the adopted objectives and detailed basic principles more clearly and to draft the Constitution more precisely and clearly.

Mr Chairman,

The plenary session of the National Convention held on 16 September 1993 adopted the 104 State fundamental principles for the Chapter-The State fundamental principles. Based on the given adopted fundamental principles, the detailed basic principles for the remaining chapters were laid down and adopted. In other words, the fundamental principles have been adopted as the general guidance of the State to be observed and followed. The State will carry out the legislative and executive functions in accord with the fundamental principles. In doing so, the State will implement the functions in accord with the nation's prevailing situation and time. The running of the legislative and administrative machinery may face disturbances and obstacles if a lawsuit is filed against the State while taking advantage of its failure to implement the task in accord with said principles as time and situation is not ripe yet. In our view, it is necessary to adopt a detailed basic principle that will protect the State. The section 32 of the Chapter IV of the 1947 Constitution stated ?The principles set forth in this Chapter are intended for the general guidance of the State. The application of these principles in legislation and administration shall be the care of the State but shall not be enforceable in any court or law. A similar statement is also stipulated in the constitutions of some neighbouring nations.

My opinion is that if a detailed basic principle regarding the matter should be adopted an addition should be made to the para (3) of the Chapter-General Provisions, which says ?The State fundamental principles are the guidelines to be followed by the legislative Hluttaws in enacting laws and interpreting provisions of the State Constitution and of other laws.

In our view, the expression ?The application of these principles in legislation and administration shall be the care of the State but shall not be enforceable in any court or law should be added to the said detailed basic principle.

In this regard, delegates will have to decide whether to add the given expression to the detailed basic principles as follows:

The State fundamental principles are the guidelines to be followed by the legislative Hluttaws in enacting laws and interpreting provisions of the State Constitution and of other laws. The application of these principles in legislation and administration shall be the care of the State but shall not be enforceable in any court or law.

Mr Chairman,

The plenary session of the National Convention held on 27 October 2006, adopted the detailed basic principles including the para (50) which states In this Chapter The State means a body that exercises legislative and executive powers according to this Constitution. for the Chapter Citizenship, Fundamental Rights and Duties of Citizens. According to the statement, it is as if that the term State contained in the detailed basic principle concerns only with the Chapter Citizenship, Fundamental Rights and Duties of Citizens.

The section (9) of the Chapter (II) of the 1947 Constitution stated In this Chapter and in Chapters III and IV, the term State' means the executive or legislative authority of the Union or of the unit concerned according as the context may require. Similar stipulation can be found in the constitutions of some neighbouring countries.

The term State can be found in the Chapter I State Fundamental Principles for many times. In our assumption, an addition should be made to the para 50 for the detailed basic principle to cover the interpretation and definition of the term State of the given chapter.

The para refers only to the term body. There may be occasions in which the legislative power and executive power are exercised by an organization or by a person. In this situation there may be a constitutional problem. They may be no reason for the occurrence of any disputes if the stipulations contained in the detailed basic principle are fully comprehensive.

Based on my above presentation, delegates will have discuss whether or not the para (50) of the Chapter Citizenship, Fundamental Rights and Duties of Citizens-In this Chapter The State means a body that exercises legislative and executive powers according to this Constitution.-should be amended as follows:

In this Chapter and the Chapter on State Fundamental Principles, The State means a body or a person that exercises legislative and executive powers according to this Constitution.

Mr Chairman,

At the plenary session of the National Convention held on 30 March 1996, I explained the matter concerning the adoption of detailed basic principles for the formation of judiciary. In connection with the qualifications of the Chief Justice of the Union and Judges of the Supreme Court of the Union, the para (3) (c) (iii) states ?have been an advocate of a High Court of at least 20 years' standings. The statement was to indicate the least required period for the said matter.

In connection with the qualifications of the Chief Justice of the High Court of Region or State Chief Justice and judges of the High Court of the Region or State, the para 11 (c) (ii) states a person who has served as advocate for 15 years. The stipulation does not state the word at least.

In drafting the Constitution, it should be stated at least 15 years to ensure a harmonious context and to prevent against occurrence of disputes in the future.

Hence, delegates should discuss whether or not the detailed basic principle 11 (c) (ii) a person who has served as advocate for 15 years should be amended as a person who has served as advocate for at least 15 years.

Mr Chairman,

The Chapter State Fundamental Principles that was adopted at the plenary session of the National Convention held on 16 September 1993, includes the subpara (d) of the para 2 which states flourishing of genuine multiparty democracy system; the para 3 which states, the State practises genuine multiparty democracy system and para 28 which states the State shall enact necessary law for systematic formation of political parties for flourishing of genuine multiparty democracy system.

But subpara (a) of para 2 of the adopted detailed basic principles for the chapter Political Parties States A political party shall: (a) accept and practise discipline-flourishing genuine multiparty democracy. When we study the said detailed basic principle we will find the usage discipline-flourishing genuine multiparty democracy. The usage emphasizes in all seriousness that the democracy Myanmar will practise in the future is a discipline-flourishing genuine multiparty democracy system. To be able to ensure a contextual uniformity, the term discipline-flourishing genuine multiparty democracy should be used.

Hence, delegates should discuss whether to use discipline-flourishing genuine multiparty democracy instead of genuine multiparty democracy in para 2 subpara (d), para 3 and para 28 of the Chapter State Fundamental Principles.

Mr Chairman,

The plenary session of the National Convention held on 16 September 1993 adopted the following State Fundamental Principles in connection with judiciary

(a) the judicial power of the State is distributed among Pyidaungsu Taya Hluttaw (Supreme Court), Region Taya Hluttaw (Region High Court), State Taya Hluttaw (State High Court) and law courts of different levels including law courts of self-administered areas;

(b) in the Pyidaungsu is constituted one Pyidaungsu Taya Hluttaw. Pyidaungsu Taya Hluttaw is the supreme law court of State;

(c) Pyidaungsu Taya Hluttaw has powers to issue writs.

But from paras1 to 9 of the Formation of Judiciary and paras 1, 2 and 8 of Sharing of the Judicial Power, use the term Supreme Court of the Union to clearly express the difference between the term Supreme Court of the Union and the term High Court of the Region or State. In our view, to have a uniformed context and to prevent occurrence of disputes in the future, the term Supreme Court of the Union should be used.

Hence, delegates will have to suggest whether the term Pyidaungsu Taya Hluttaw in the subparas (a), (b) and (c) of para 9 of the Chapter State Fundamental Principles should be substituted with the term Supreme Court of the Union.

Mr Chairman,

The plenary session of the National Convention held on 29 March 1996, adopted the detailed basic principles for the formation of executive including subpara (h) of para 22 which states The President of the State may exercise relaxation of stipulation on age limit in the State Constitution in appointing Region or State Ministers, the okkahta of the self-administered division or self-administered zone or Hluttaw representatives elected to undertake the affairs of national races.

The subpara (g) of para 34 for the formation of the executive states. The Okkahta of the self-administered division or self-administered zone is Minister in the region or state concerned. As such, provisions in the Constitution applying to the Ministers of the region or state will also apply to the self-administered division Okkahta or self-administered zone Okkahta.

The subpara (e) of para 22 states, The Region or State Chief Minister shall submit the names approved by the Region or State Hluttaw, that of okkahta of the self administered division or self-administered zone and that of Hluttaw representatives elected to undertake the affairs of national races for appointment as Region or State Ministers.

According to subpara (h) of para 22, the okkahta of the self-administered division or self-administered zone or Hluttaw representative elected to undertake the affairs of national races should be automatically appointed Minister of the respective Region or State. The okkahta of the self-administered division or self-administered zone or Hluttaw representative elected to undertake the affairs of national races may meet all the qualifications of a Hluttaw representative but can be younger than 35, the minimum age limit for Region or State Minister.

As the para states.The President of the State may exercise relaxation of stipulation on age limit?, he may or may not exercise relaxation on age limit. To be able to clearly express the essence and aim of the given detailed basic principle and to prevent constitutional disputes in the future, it should be used shall exercise relaxation of stipulation on age limit.

In this regard, delegates should discuss whether the expression may exercise relaxation of stipulation on age limit of the subpara (h) para 22 should be substituted with the expression shall exercise relaxation of stipulation on age limit.

Mr Chairman,

The plenary session of the National Convention held on 29 March 1996, adopted detailed basic principles for the formation of executive. In the detailed basic principles, para 22 states as follows:

(l) (i) The Region of State Chief Minister shall be responsible to the President of the State

(ii) The Region or State Minister shall be responsible to the Region or State Chief Minister concerned and through the Chief Minister, to the President of the State.

The subpara (f) of para (28) states, The Advocate-General of the Region or State is responsible to the President of the State through the Chief Minister of the Region or State concerned, to the Pyidaungsu Attorney-General and to the Chief Minister of the Region or State concerned.

The subpara (e) of para 31 states, The Auditor-General of the Region or State is responsible to the President through the Chief Minister of the Region or State concerned, to the Pyidaungsu Auditor-General and to the Chief Minister of the Region or State concerned.

In the abovementioned detailed basic principles, the terms and usages in connection with Region or State are clear and easy to understand. They should be used in drafting the Constitution to ensure a contextual uniformity and to have a clear definition.

Here, delegates will have to discussion whether subpara (f) para 28 and subpara (e) para 31 should be amended as follows:

Subpara (f) of para (28) ?The Advocate-General of the Region or State is

(i) responsible to the President of the State through the Chief Minister of the Region or State concerned

(ii) responsible to the Pyidaungsu Attorney-General and to the Chief Minister of the Region or State concerned

The subpara (e) of para (31) The Auditor-General of the Region or State is

(i) responsible to the President through the Chief Minister of the Region or State concerned

(ii) responsible to the Pyidaungsu Auditor-General and to the Chief Minister of the Region or State concerned

Mr Chairman,

I have already explained the matter concerning the formation of Pyithu Hluttaw at the plenary session of the National Convention held on 2 September 1994 as follows:

Pyithu Hluttaw shall be formed with a maximum of 440 Hluttaw representatives as follows:

(a) Not more than 330 Hluttaw representatives elected on the basis of population

(b) Not more than 110 Tatmadaw member Hluttaw representatives nominated in accord with law by the Commander-in-Chief of the Defence Services.

The delegates after studying and assessing the matter at the group-wise discussions presented their proposal papers at the plenary session of the National Convention. In accord with the agreement of the majority of the delegates, the plenary session of the National Convention held on 28 March 1996 adopted the following detailed basic principle.

Pyithu Hluttaw shall be formed with a maximum of 440 Hluttaw representatives as follows:

(a) Not more than 330 Hluttaw representatives elected on the basis of population

(b) Not more than 110 Tatmadaw member Hluttaw representatives nominated in accord with law by the Commander-in-Chief of the Defence Services.

Mr Chairman,

As the Constitution is the principle law, the provisions contained in it should be observed in the long run.

As regards the legislation, the National Convention has adopted the following detailed basic principle:

(a) the legislative power of the State is distributed among Pyidaungsu Hluttaw, Region Hluttaws and State Hluttaws. Legislative power stipulated by the State Constitution shall be distributed to self-administered areas;

(b) Pyidaungsu Hluttaw consists of two Hluttaws-one Hluttaw elected on the basis of population and the other one with equal number of representatives elected from regions and states.

As the Hluttaws had not been named as Pyithu Hluttaw and Amyotha Hluttaw yet when the above-mentioned detailed basic principle was adopted, one is called Hluttaw elected on the basis of population and the other, the one with equal number of representatives elected from regions and states.

When the National Convention adopted the detailed basic principles for legislation, it adopted the following detailed basic principle in connection with the names of the two Hluttaws:

(a) the Hluttaw formed with Hluttaw representatives elected on the basis of population and Tatmadaw member Hluttaw representatives nominated by the Commander-in-Chief of the Defence Services shall be known as Pyithu Hluttaw;

(b) the Hluttaw formed with Hluttaw representatives elected in equal numbers from regions and states and Tatmadaw member Hluttaw representatives nominated by the Commander-in-Chief of the Defence Services shall be known as Amyotha Hluttaw.

After the adoption of the above-mentioned detailed basic principle, the Hluttaw formed with Hluttaw representatives elected on the basis of population is named the Pyithu Hluttaw and the Hluttaw formed with Hluttaw representatives elected in equal numbers from regions and state is named the Amyotha Hluttaw.

As the Pyithu Hluttaw is termed as the Hluttaw formed with Hluttaw representatives elected on the basis of population, the election of Pyithu Hluttaw representatives will have to be based on population. If the Constitution has a principle saying that election should be based on population, it will be not possible to elect one representative each from every township.

If the election of the Pyithu Hluttaw representatives is based on population, Regions will be able to elect 237 representatives and they will have 31 more representatives; and the States will be able to elect only 93 representatives and they will have 31 less representatives.

If the election of the Pyithu Hluttaw representatives is based on population and township, Regions will be able to elect 206 representatives and the States, 124 which is plus 31.

According to the adopted detailed basic principle, population-based constituencies have been designated for the formation of the Pyithu Hluttaw and not more than 330 Pyithu Hluttaw representatives must be elected.

Mr Chairman,

Concerning the formation of Pyithu Hluttaw, I have presented a clarification, saying, National races are residing in the townships of the Union of Myanmar, population of some townships is large and some is small, national races are collectively living in almost all the townships. Hence, if the designation of the township-wise constituencies and election is based on population, we will be able to allow a large number of national races to take part in the Pyithu Hluttaw as representatives. I made the presentation then with the aim of designating constituencies township-wise to elect Hluttaw representatives.

Mr Chairman,

When detailed basic principles for the Pyithu Hluttaw were adopted, the Pyithu Hluttaw was termed as the Hluttaw formed with Hluttaw representatives elected on the basis of population. In accord with the usage, it was in a position that the designation of constituencies should be based on population. I have already explained that to allow a large number of national races representative to take part in the Pyithu Hluttaw, the designation of Pyithu Hluttaw constituencies should be based on township as well as population. In the detailed basic principle also it should be stated that the election of Pyithu Hluttaw representatives should be based on township as well as population to be able to clearly express our aim.

Mr Chairman,

Endeavours are being made at present to develop the nation in accord with the 12 State objectives. Hence, the delegates have witnessed the daily, monthly and yearly changes in the administrative, economic and social sectors resulting from their rapid development. More townships will have to be formed as necessary to be in conformity with the task of implementing projects such as security, management, education, health projects when the nation is achieving more agriculture and industrial development than now. When the total number of townships exceeds 330, the number of Pyithu Hluttaw representatives will also exceed 330, if one representative from each township is elected.

So, when the number of townships goes over 330, a newly formed township should be joined with one of the townships adjacent to it to designate a Pyithu Hluttaw constituency. The 330 Pyithu Hluttaw representatives will be elected one each from every such designated constituency.

Here, delegates should discuss whether to make the following addition to ensure an enduring detailed basic principle concerning the formation of the Pyithu Hluttaw:

Pyithu Hluttaw shall be formed with a maximum of 440 Hluttaw representatives as follows:

(a) Not more than 330 Hluttaw representatives elected on the basis of township as well as on the basis of population from constituencies designated in accord with the law after combining a newly formed township with one of the suitable townships adjacent to it if the total number townships exceed 330

(b) Not more than 110 Tatmadaw member Hluttaw representatives nominated in accord with law by the Commander-in-Chief of the Defence Services.

If the abovementioned detailed basic is adopted the usage the Hluttaw formed with Hluttaw representatives elected on the basis of population should be substituted with the usage  the Hluttaw formed with Hluttaw representatives elected on the basis of township as well as on the basis of population.

Mr Chairman,

At the plenary session of the National Convention held on 28 March 1996, I have explained the adoption of detailed basic principles for the Chapter Formation of Legislature.

Concerning the Amyotha Hluttaw, I have explained as follows:

Amyotha Hluttaw shall be formed with a maximum of 224 Hluttaw representatives, as follows:

(a) 168 Amyotha Hluttaw representatives elected in equal numbers of 12 from each region or state inclusive of Union territories, and including one representative from each self-administered division or self-administered zone.

(b) 56 Tatmadaw member Amyotha Hluttaw representatives nominated by the Commander-in-Chief of Defence Services in accord with law at the rate of four representatives from each region or state inclusive of Union territories.

The subpara (a) states equal numbers of 12 from each region or state inclusive of Union territories, and including one representative from each self-administered division or self-administered zone' and the subpara (b) states  at the rate of four representatives from each region or state inclusive of Union territories.

The expression inclusive of Union territories means areas that were included in the present states and divisions but have been designated as Union territories and the areas proclaimed by the Pyidaungsu Hluttaw as Union territories because of their significant characteristics after the promulgation of this Constitution. The word the respective should be added to the word Union territories for the usage to be more precise.

Hence, delegates will have to decide whether the abovementioned detailed basic principle should be amended as follows:

Amyotha Hluttaw shall be formed with a maximum of 224 Hluttaw representatives, as follows:

(a) 168 Amyotha Hluttaw representatives elected in equal numbers of 12 from each region or state inclusive of the respective Union territories, and including one representative from each self-administered division or self-administered zone.

(b) 56 Tatmadaw member Amyotha Hluttaw representatives nominated by the Commander-in-Chief of Defence Services in accord with law at the rate of four representatives from each region or state inclusive of the respective Union territories.

(c) In forming the Amyotha Hluttaw in accord with the subparas (a) and (b), the words the respective Union territories mean Union territories designated by this Constitution and Union territories proclaimed by Pyidaungsu Hluttaw after enacting laws concerning the matter to elect Amyotha Hluttaw representatives are inclusive in the state or division or the region or state they are included in.

Mr Chairman,

Regarding the designation of Union territories, the National Convention plenary session held on 9 April 1994 laid down detailed basic principles:

5. Designation of Union territories-

(a) Yangon City, that is the Capital of the Union, is designated as Union territory placed under direct administration of the President of the Union.

(b) Cocogyun Township which has a special situation is designated as Union territory and placed under direct administration of the President of the Union,

(c) if need arises to designate areas that have special situation in connection with national defence, security, administration and economy etc. as Union territories they may be so designated as Union territories after enacting laws.

Internationally, the city where the office of the central government is based is designated as the capital of the State. And in some countries, the capitals are placed under direct administration of the President or the Union. Now, the government of the Union of Myanmar and the offices of the central governments are based in Nay Pyi Taw. So, the capital of the State is Nay Pyi Taw. Therefore, need arises to amend the words Yangon City, that is the Capital of the Union prescribed in one of the three above-mentioned detailed basic principles. Yangon is not the capital of the nation any longer, and it remains a commercial city.

The designation of Yangon as a Union territory under the direct administration of the president should be revoked. And the municipal area of Nay Pyi Taw, which has become the Capital of the State, should be designated as a Union territory placed under the direct administration of the president.

Yangon is no longer the Capital of the State, so the term Capital Yangon will be replaced with the term Yangon. Moreover, the detailed basic principle Cocogyun Township which has a special situation is designated as Union territory and placed under direct administration of the President of the Union should be revoked. The designation of Yangon and Cocogyun Township as Union territories is revoked, so, they will remain in Yangon Region.

Mr Chairman,

As I have presented that by revoking the designation of Cocogyun Township as a Union territory, the detailed basic principle of the sub-para (b) no longer needs to be prescribed. However, sub-para (c) should still exist. So, sub-para (c) should be sub-para (b). Therefore, discussions are to be held and suggestions, to be made to decide whether or not the detailed basic principles:

(a) Nay Pyi Taw, that is the Capital of the Union, is designated as Union territory placed under direct administration of the President of the Union.

(b) if need arises to designate areas that have special situation in connection with national defence, security, administration and economy etc. as Union territories they may be so designated as Union territories after enacting laws? should be adopted.

Mr Chairman,

If you agree to my proposal of designating Nay Pyi Taw, the Capital of the Union of Myanmar, as a Union territory placed under direct administration of the President, detailed basic principles to be adopted for Nay Pyi Taw should be the same, as that for Yangon Council.

Therefore, discussions are to be held and suggestions to be made to decide whether or not the term Capital Yangon prescribed in the detailed basic principles on administration of Capital Yangon, a Union territory, prescribed in para 35 and the detailed basic principles on designation of the status of the Chairman and members of Yangon Council prescribed in para 36 of the detailed basic principles adopted at the plenary session held from 28 to 30 March 1996, should be replaced with the term Nay Pyi Taw, and the term Chairman of Yangon Council prescribed in sub-para (C) 6 of para 16 of detailed basic principle for Formation of Financial Commission with the term Chairman of Nay Pyi Taw Council.

It is no longer needed to prescribe the detailed basic principles on administration of Cocogyun Township, a Union territory, prescribed in para 37, so they will not be prescribed any longer.

Mr Chairman,

The plenary session of the National Convention held on 12 December 2005 laid down detailed basic principles for the sharing of judicial power. In this regard, sub-para 4 (a) of para 6 says, With regard to the judicial matter, Yangon Region High Court is the high court of the courts situated in Yangon City and Cocogyun Township.

As I have explained, after designating Capital Nay Pyi Taw as a Union territory and revoking the designation of Yangon and Cocogyun Township as Union territories, it will need to amend the detailed basic principle, as appropriate.

Therefore, I would like you to give advice and make suggestions to determine whether or not sub-para 4 (a) of para 6 With regard to the judicial matter, Yangon Region High Court is the high court of the courts situated in Yangon City and Cocogyun Township? should be amended as With regard to the judicial matter, Mandalay Region High Court is the high court of the courts situated in Nay Pyi Taw.

Mr Chairman,

When basic principles were laid down for the chapter State Fundamental Principles of the 15 Chapters to be included in the State Constitution, an exception was prescribed under the 104 basic principles as follows:

After laying down the principles to serve as base for formulating state fundamental principles, it will be carried on as follows:

- of those basic principles, relevant ones are to be taken as basic in discussing basic principles in respective chapters,

- of those basic principles,

- those that should be mentioned in the preamble of the State Constitution should be mentioned also in that preamble,

- principles concerning the State are to be mentioned separately in the chapter heading The State,

- likewise, principles concerning respective chapters are to be transferred to respective chapters, when discussions are held for those respective chapters,

- principles concerning the chapter State fundamental principle are to be retained in the chapter on State fundamental principles.

When detailed basic principles were laid down according to the chapter headings, the principles relevant to respective chapters were transferred as detailed basic principles. It is assumed that of the detailed basic principles transferred to respective chapters, some principles should continue to be prescribed in the Chapter State Fundamental Principles'.

One of the basic principles that were prescribed then as detailed basic principles regarding legislative formation was Pyidaungsu Hluttaw shall be formed with two Hluttaws- a Hluttaw formed with Hluttaw representatives elected on the basis of population and a Hluttaw formed with Hluttaw representatives elected in equal numbers from regions and states. In this regard, a detailed basic principle:

In connection with two Hluttaws,

(a) the Hluttaw formed with Hluttaw representatives elected on the basis of population and Tatmadaw member Hluttaw representatives nominated by the Commander-in-Chief of Defence Services shall be known as Pyithu Hluttaw;

(b) the Hluttaw formed with Hluttaw representatives elected in equal numbers from regions and states and Tatmadaw member Hluttaw representatives nominated by the Commander-in-Chief of Defence Services shall be known as Amyotha Hluttaw has been adopted. So, that no longer needs to be prescribed in the Chapter State Fundamental Principles.

I would also like to present the basic principles that are no longer prescribed because they do not need to be prescribed as detailed basic principles. They are:

The principles transferred to the Chapter The Head of State-

1. The Head of State is the President of the Union.

2. The President of the Union shall be elected by the presidential electoral college.

The principles transferred to the Chapter Citizenship, Fundamental Rights and Duties of Citizens-

3. All persons who have either one of the following requirements are citizens of the Union of Myanmar. All persons born of parents both of whom are nationals of the Union of Myanmar. Persons who are vested with citizenship according to existing laws on the date this Constitution comes into force. Citizenship, naturalization and revocation of citizenship shall be prescribed by the law.

4. Every citizen is under a duty to uphold Non-disintegration of the Union; Non-disintegration of national solidarity; and Perpetuation of sovereignty.

5. Every citizen is under a duty to abide by the provisions of the Constitution.

6. Every citizen is under a duty to undergo military training in accord with the provisions of the law and to serve in the armed forces to defend the State.

7. The above right shall not include any economic, financial, political or other secular activities that may be associated with religious practice

8. The freedom so guaranteed shall not prohibit the State from enacting laws for the purpose of social welfare and reform.

9. The State recognizes the special position of Buddhism as the faith professed by the great majority of the citizens of the State.

10. The State also recognizes Christianity, Islam, Hinduism and Animism as religions existing in the Union on the date of the coming into force of the State Constitution.

11. The State shall render assistance and protect as far as it can the religions it recognizes.

12. The abuse of religion for political purposes is forbidden. And any act which is intended or is likely to promote feelings of hatred, enmity or discord between racial or religious communities or sects is contrary to the State Constitution. A law may be adopted to punish such actions.

13. The State shall help national businessmen have access to technologies, investments, machinery, and raw materials.

The principles transferred to the Chapter ?General Provisions-

14. Myanmar language is the official language.

15. The State fundamental principles are the guidelines to be followed by the legislative Hluttaws in enacting laws and interpreting provisions of the State Constitution and of other laws.

I consider that these detailed basic principles have been transferred to respective chapters, and they no longer need to be mentioned in the Chapter State Fundamental Principles. Therefore, they are not prescribed.

Mr Chairman,

The plenary session of the National Convention held on 3 March 2005 laid down detailed basic principles for the sharing of legislative power. In this regard, para 15, sub-para 5 says, The existing laws are still in force until they are revoked or amended by the Pyidaungsu Hluttaw, and unless they are in contrary to the Constitution?.

The plenary session of the National Convention held on 2 August 2007 adopted detailed basic principles for the Chapter Transitory Provisions. In this regard, para 5 says, The existing laws are still in force until they are revoked or amended by the Pyidaungsu Hluttaw, and unless they are in contrary to the Constitution.

The two detailed basic principles are exactly the same, in word and in essence. I consider that it is more appropriate that the detailed basic principle should be prescribed in the Chapter Transitory Provisions. In the 1947 constitution, Article 226, Clause 1, which is similar to the detailed basic principle in meaning is prescribed in the Chapter Transitory Provisions.

Therefore, I would say detailed basic principle para 15, sub-para 5 in the sharing of legislative power no longer needs to be prescribed, and it will be revoked.

Mr Chairman,

If the National Convention approves and adopts the detailed basic principles I have presented, it will successfully complete the adopting of basic principles and detailed basic principles of the 15 chapters to be included in the State Constitution. When the National Convention completes successfully, it will need to implement the second step and third step of the State's seven-step Road Map After the successful holding of the National Convention, step by step implementation of the process necessary for the emergence of a genuine and disciplined democratic system? And Drafting of a new constitution in accordance with basic principles and detailed basic principles laid down by the National Convention.

In drafting the State Constitution in accordance with the basic principles and detailed basic principles the National Convention has adopted, necessary amendments should be made to the terms, dictation and word orders without having any adverse effects to the aims and essence of the basic principles and detailed basic principles.

In conclusion, I would like to seek the approval of the NC to make necessary amendments to the terms, dictation and word orders without having any adverse effects to the aims and essence of the basic principles and detailed basic principles adopted according to the minutes of the NC in drafting the State Constitution.