
With regard to the judicial matter, Mandalay Region High Court is
the high court of the courts situated in Nay Pyi Taw
Yangon, 21 Aug - The following is the
compilation presented by member of the Panel of Chairmen of the Plenary
Session of the National Convention U Maung Gyi of Delegate Group of
Representatives-elect on suggestions made by Delegate Groups 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.
Esteemed delegates,
At the plenary session held on 6 August
2007, the Work Committee Chairman said, 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.
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.
Esteemed delegates,
As regards the matter, National Unity
Party said, The 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.
Union Pa-O National Organization said,
When we study the Work Committee Chairman's clarification, we found that the
eight additions, the five amendments and one transfer altogether 15 are
appropriate.
Shan State Kokang Democratic Party
said, The 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.
Mro or Khami National Solidarity
Organization said, The 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.
Lahu National Development Party said,
We agree to amend the sub-para 4 (a) of para 6 With regard to the judicial
matter in accord with the clarification made by the Work Committee Chairman.
Union Kayin League said, The 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.
Kokang Democracy and Unity Party said,
We agree to the amendments, additions and repeals made to few detailed
principles and facts as explained by the Work Committee Chairman.
Wa National Development Party said, The
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.
Esteemed delegates,
Of the four papers presented the
Delegate Group of Representatives-elect, the representatives of the NUP and
Mro or Khami National Solidarity Organization presented the papers same as
those of the respective parties.
Independent Representatives-elect Dr
Hmu Htan of Thantlang Township Constituency in Chin State, U Aung Thein of
Ywangan Township Constituency in Shan State (South) and U Tun Kyaw of Namhsan
Township Constituency in Shan State (North) said, The 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.
Independent Representatives-elect U Tin
Win of Kyaiklat Township Constituency 2, U Thein Kyi of Taungdwingyi Township
Constituency 1, U Hla Soe of Minbu Township Constituency 2, U Mya Hlaing of
Twantay Township Constituency 2, U Kyi Win of Mingaladon Township Constituency
1 and U Tin Tun Maung of Mingaladon Township Constituency 2 said, The 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.
Esteemed delegates,
Delegate Group of National Races said,
The 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.
Esteemed delegates,
Delegate Group of Peasants said, The
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.
Esteemed delegates,
Delegate Group of Workers said, The
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.
Esteemed delegates,
Delegate Group of Intellectuals and
Intelligentsia said, After designating Capital Nay Pyi Taw as a Union
territory and revoking the designation of Yangon and Cocogyun Township as
Union territories, it is appropriate to amend the said detailed basic
principle as With regard to the judicial matter, Mandalay Region High Court is
the high court of the courts situated in Nay Pyi Taw.
Esteemed delegates,
Delegate Group of State Service
Personnel said, The 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.
Esteemed delegates,
Delegate Group of Other Invited Persons
said, The 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.
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Agitators taken into custody for undermining stability and security
of the nation, attempting to disrupt National Convention
Nay Pyi Taw, 21 Aug - The government is
striving for the emergence of a peaceful, modern, developed and
discipline-flourishing democratic nation and proper evaluation of the
market-oriented economic system desired by the entire people.
The National Convention, the first and
foremost important for the success of the seven-step Road Map of the State,
will be complete soon as it has been drawing fundamental principles and
detailed basic principles. At a time when the NC is nearing completion with
success, a constitution (draft) will be drawn and then a referendum held so as
to successfully realize the seven-step Road Map.
Furthermore, all-round development
tasks are being carried out in education, health, economic and transport
sectors of the nation that are basic needs in building the peaceful, modern,
developed and discipline-flourishing democratic nation. At present, progress
can be witnessed in these sectors.
Information was received in advance
that with the ill-intention of grabbing power, internal and external
destructive elements who do not wish to see the endeavours of the government
are plotting to oust the government by resorting to three strategies
to disrupt the National Convention, to cause civil unrest similar to
the ?88' disturbances and to commit various acts within the framework of law.
Taking advantage of the increase in
fuel prices, internal and external destructive elements have provoked the
people since 15 August to ensure their three strategies meet with success.
In an interview on Democratic Voice of
Burma (DVB) on 17 and 18 August, Htin Kyaw (a) Kyaw Htin of Myanmar
Development Committee (MDC), which had already been abolished as it was formed
illegally, said protests would be held across the country as from 22 August
citing fuel price hike and provoked the people into unrest.
Similarly, so-called 88' generation
students Min Ko Naing, Ko Ko Gyi, Mya Aye, Arnt Bwe Kyaw, Jimmy and Kyaw Kyaw
Htway held talks at the house of Ko Ko Gyi in Thingangyun Township from 6.30
am to 7.40 am on 19 August and they discussed cooperation of political groups
to stage political movement, to create confrontation with the government by
so-called 88' generation students, organizing university students to
participate in the movement and cooperation of members of National League for
Democracy (NLD), members of Students' Union and 88' generation old students.
Afterwards, they attended the 3rd
memorial anniversary of late U Kyi Maung, former Vice-Chairman of the NLD, at
his house on Shwetaunggya-1 Street in Bahan Township from 10.30 am to 11.30
am. Afterwards, some people led by Min Ko Naing, Ko Ko Gyi, Pyone Cho, Jimmy,
Htay Kywe, Mya Aye, Panneik Tun and Kyaw Kyaw Htway went on a protest walk
from the house of U Kyi Maung to Tamway Market on Thamainbayan Road in Tamway
Township moving along Kaba Aye Pagoda Road and through Shwegondine traffic
lights citing an increase in fuel prices. They held the protest to undermine
the stability and security of the State, to disrupt and hinder the process of
the National Convention.
Min Ko Naing, Ko Ko Gyi and their group
members on 19 August issued a declaration saying a mass movement would be
launched in front of Yangon City Hall at 1 pm on 23 August. The declaration
also urged the people to participate in the movement by wearing white shirts.
Likewise, at 11 am today, a group of
people led by Nyan Lin, a so-called 88' generation student, staged a protest
by walking along the route from Tamway Plaza in Tamway Township to Shwegondine
Road.
All in all, their agitation to cause
civil unrest was aimed at undermining peace and security of the State and
disrupting the ongoing National Convention. And it also amounted to breaking
the law guarding against acts undermining the efforts to successfully carry
out peaceful transfer of State power and facilitate the proceedings of the
National Convention.
Tonight, authorities concerned have
taken into custody and are interrogating the so-called 88' generation students
Min Ko Naing, Ko Ko Gyi, Pyone Cho (a) Htay Win Aung, Min Zeya, Mya Aye (a)
Thura, Kyaw Min Yu (a) Jimmy, Zeya (a) Kalama, Kyaw Kyaw Htwe (a) Markee, Arnt
Bwe Kyaw, Panneik Tun, Zaw Zaw Min, Thet Zaw and Nyan Lin Tun for their acts
may undermine the efforts for ensuring peace and security of the State, the
success of the National Convention and the seven-step Road Map and peaceful
transfer of the State power.
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The 15 points the Work Committee has explained should be transferred
to relevant chapters
Yangon, 21 Aug - The following is the
compilation presented by member of the Panel of Chairmen of the Plenary
Session of the National Convention U Maung Hla (a) U Hla Myint of Delegate
Group of National Races on suggestions made by the Delegate Groups 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.
Esteemed delegates,
At the plenary session held on 6 August
2007, the Work Committee chairman said, 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?.
He said, 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, he said.
Esteemed delegates,
The National Unity Party said, Of the
15 Chapter headings to be included in formulating the Constitution, some of
the detailed basic principles of the Chapter State Fundamental Principles were
transferred to the respective chapters. It is appropriate that among the
detailed basic principles of the Chapter State Fundamental Principles, the two
fundamental principles that have been transferred to the Chapter The Head of
State, the 11 fundamental principles, transferred to the Chapter Citizenship,
Fundamental Rights and Duties of Citizens, and the two fundamental principles,
transferred to the Chapter General Provisions totalling 15 will no longer be
stated in the Chapter State Fundamental Principles.
Union Pa-O National Organization said
that of the basic principles and detailed basic principles, the Work Committee
chairman explained eight points for addition, five points for amendment, one
point for repeal, and one point for transfer totalling 15 points; and that
these 15 points should be added, amended, repealed or transferred.
Shan State Kokang Democratic Party
said, We support the transferring of two of some points prescribed in Chapter
State Fundamental Principles from the 15 Chapters to be included in the State
Constitution to Chapter The Head of State, 11 to Chapter Citizenship,
Fundamental Rights and Duties of Citizens and two to Chapter General
Provisions.
Mro or Khami National Solidarity
Organization said that of the basic principles the Work Committee chairman
that had been transferring to relevant chapters, it supported the transferring
of points Nos from 1 and 2 to Chapter The Head of State, from 3 to 13 to
Chapter Citizenship, Fundamental Rights and Duties of Citizens and 14 and 15
to Chapter General Provisions.
Lahu National Development Party said
that it was in support of the two points transferred to Chapter The Head of
State, 11 points to Chapter Citizenship, Fundamental Rights and Duties of
Citizens and two points to Chapter General Provisions which were contained in
para 14 of the Work Committee chairman's presentation.
Union Kayin League said that it
supported the transferring of two of some points prescribed in Chapter State
Fundamental Principles from the 15 Chapters to be included in the State
Constitution to Chapter The Head of State, 11 to Chapter Citizenship,
Fundamental Rights and Duties of Citizens and two to Chapter General
Provisions.
Kokang Democracy and Unity Party said
that it was in support of the Work Committee chairman's explanation about
amendment, addition, repeal and transfer of some basic principles and detailed
basic principles.
Wa National Development Party said that
the 15 points the Work Committee had explained should transferred to relevant
chapters.
Esteemed delegates,
Of the four proposal papers presented
by the Delegate Group of Representatives-Elect, the political parties from the
Delegate Group of Political Parties discussed the stances of the
representative of the National Unity Party, and the representative of Mro or
Khami National Solidarity Organization. Respective representatives held
similar discussions.
Independent Representatives-Elect Dr
Hmu Htan of Thantlang Township Constituency in Chin State, U Aung Thein of
Ywangan Township Constituency in Shan State (South) and U Tun Kyaw of Namhsan
Township Constituency in Shan State (North) from the Delegate Group of
Representatives-Elect said that they supported the transferring of the 15
points the Work Committee had explained should be transferred to relevant
chapters.
Independent representatives-elect U Tin
Win of Kyaiklat Township Constituency 2, U Thein Kyi of Taungdwingyi Township
Constituency 1, U Hla Soe of Minbu Township Constituency 2, U Mya Hlaing of
Twantay Township Constituency 2, U Kyi Win of Mingaladon Township Constituency
1 and U Tin Tun Maung of Mingaladon Township Constituency 2 form the same
group expressed its support for the transferring of the 15 points the Work
Committee had explained should transferred to relevant chapters.
Esteemed delegates,
The Delegate Group of National Races
said that the 15 points the Work Committee explained were already transferred
to relevant chapters, so they should no longer be prescribed in the Chapter
State Fundamental Principles.
Esteemed delegates,
The Delegate Group of Peasants
suggested that the 15 points the Work Committee had explained should be
transferred to relevant chapters.
Esteemed delegates,
The Delegate Group of Workers said, 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'. We also consider that some of 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 should not be prescribed any longer.
Esteemed delegates,
The Delegate Group of Intellectuals and
Intelligentsia said that the 15 detailed basic principles the Work Committee
explained were already transferred to relevant chapters. Thus, they considered
that they should no longer be prescribed in Chapter State Fundamental
Principles, and supported the fact that they were not prescribed any longer.
The Delegate Group of State Service
Personnel said that 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. It
was apporpriate that the points were trasnserred to relevant chapters.
So, the explanation that these ponts
were no longer stated in the Chapter State Fundamental Principles was
appropriate.
Esteemed delegates,
The Delegate Group of Other Invited
Persons said that the 15 points the Work Committee had explained were already
transferred to relevant chapters. So, it was considered to be appropriate that
they were no longer prescribed.
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Para 15, sub-para 5 in sharing of legislative power no longer needs
to be prescribed, and it should be revoked
Yangon, 21 Aug - The following is the
compilation presented by member of the Panel of Chairmen of the Plenary
Session of the National Convention U Kan Nyunt of Delegate Group of Peasants
on suggestions made by Delegate Groups 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.
Esteemed delegates,
At the plenary session held on 6 August
2007, the Work Committee chairman said, ?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.
Esteemed delegates,
National Unity Party said that para 15,
sub-para 5 in the sharing of legislative power and para 5 in Transitory
Provisions were exactly the same, in word and in essence. So, it would be more
appropriate if they were prescribed in the Chapter Transitory Provisions.
Therefore, they also agreed that the detailed basic principle para 15, sub-para
5 in the sharing of legislative power no longer needed to be prescribed, and
it should be revoked.
Union Pa-O National Organization said
that of the basic principles and detailed basic principles, the Work Committee
chairman explained eight points for addition, five points for amendment, one
point for repeal, and one point for transfer totalling 15 points; and that
these 15 points should be added, amended, repealed or revoked.
Shan State Kokang Democratic Party
said, We are also in support of the fact that 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 said that in adopting detailed basic principles for the Chapter
Transitory Provisions, the same expression in sub-para 5 is the same as that
prescribed in Article 226, Clause 1, for the Chapter Transitory Provisions. We
think it is appropriate that detailed basic principle para 15, sub-para 5 no
longer needs to be prescribed, and it is to be revoked.
Mro or Khami National Solidarity
Organization expressed its support of the fact that sub-para 5 of para 15 of
the sharing of legislative power the Work Committee explained should be
revoked.
Lahu National Development Party said
that sub-para 5 of para 15 of the sharing of legislative power was no longer
needed, and it should be revoked.
Kayin National League supported the
proposal that sub-para 5 of para 15 of the sharing of legislative power the
Work Committee explained should be revoked.
Kokang Democracy and Unity Party
expressed its support for amendment, addition and repeal of some of the
detailed basic principles the Work Committee chairman has explained.
Wa National Development Party said that
sub-para 5 of para 15 the Work Committee chairman had explained for the
sharing of legislative power should be revoked.
Esteemed delegates,
Of the four proposal papers presented
by the Delegate Group of Representatives-Elect, the political parties from the
Delegate Group of Political Parties discussed the stances of the
representative of the National Unity Party, and the representative of Mro or
Khami National Solidarity Organization. Respective representatives held
similar discussions.
Independent Representatives-Elect Dr
Hmu Htan of Thantlang Township Constituency in Chin State, U Aung Thein of
Ywangan Township Constituency in Shan State (South) and U Tun Kyaw of Namhsan
Township Constituency in Shan State (North) from the Delegate Group of
Representatives-Elect said that sub-para 5 of para 15 the Work Committee
chairman had explained for the sharing of legislative power should be revoked.
Independent representatives-elect U Tin
Win of Kyaiklat Township Constituency 2, U Thein Kyi of Taungdwingyi Township
Constituency 1, U Hla Soe of Minbu Township Constituency 2, U Mya Hlaing of
Twantay Township Constituency 2, U Kyi Win of Mingaladon Township Constituency
1 and U Tin Tun Maung of Mingaladon Township Constituency 2 form the same
group said that sub-para 5 of para 15 the Work Committee chairman had
explained for the sharing of legislative power should be revoked.
Esteemed delegates,
The Delegate Group of National Races
said, The plenary session of the National Convention 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.
Therefore, detailed basic principle
para 15, sub-para 5 in the sharing of legislative power no longer needs to be
prescribed, and it should be revoked.
Esteemed delegates,
The Delegate Group of Peasants
suggested that sub-para 5 of para 15 of the sharing of legislative power the
Work Committee explained should be revoked.
Esteemed delegates,
The Delegate Group of Workers said that
sub-para 5 of para 15 of the sharing of legislative power the Work Committee
explained should be revoked.
Esteemed delegates,
The Delegate Group of Intellectuals and
Intelligentsia said, At the plenary session held on 3 March 2005, detailed
basic principles for the sharing of legislative power were adopted. In this
regard, the expression in sub-para 5 of para 15 is the same as that in para 5
of the Chapter General Provisions adopted on 2 August 2007. It 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
would say that it is appropriate that sub-para 5 of para 5 is no longer
prescribed.
Esteemed delegates,
The Delegate Group of State Service
Personnel said, We also agree to the Work Committee Chairman's clarification,
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. 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 as it is appropriate.
Esteemed delegates,
The Delegate Group of Other Invited
Persons said that the expression prescribed in sub-para 5 of para 15 for the
sharing of legislative power and the expression prescribed in para 5 of
Chapter Transitory Provisions were exactly the same in word and in essence.
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 should
be revoked the group said.
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Delegate groups and many delegates expressed their support of
amending, adding suitable words to, and repealing some basic principles and
detailed basic principles explained by Work Committee Chairman
Yangon, 21 Aug - The following is the
compilation presented by member of the Panel of Chairmen of the Plenary
Session of the National Convention U Kyaw Win Tun of Delegate Group of Workers
on suggestions made by Delegate Groups 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.
Esteemed delegates,
At the plenary session held on 6 August
2007, the Work Committee chairman said, 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.
Esteemed delegates,
Regarding the explanation, National
Unity Party said, It is appropriate that 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.
Union Pa-O National Organization said,
I would say that we are in support of the fact that the 15 points should be
added, amended, repealed or transferred among the basic principles and
detailed basic principles the Work Committee has explained. And we would like
to suggest that the tasks to draft the State Constitution should be assigned
to the present Work Committee.
Shan State Kokang Democratic Party
said, The National Convention has successfully completed the adopting of basic
principles and detailed basic principles to be included in the State
Constitution. It is also found capable of implementing the steps one after
another for the emergence of a genuine and disciplined democratic system. So,
we express our support for seeking the approval of the National Convention 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.
Mro or Khami National Solidarity
Organization suggested to seek the approval of the National Convention 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 in drafting the State Constitution.
Lahu National Development Party said
that it was in support of the drafting of the State Constitution making
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.
Kayin National League expressed its
support of the drafting of the State Constitution making 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.
Kokang Democracy and Unity Party
suggested that the National Convention approve of making 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.
Wa National Development Party said, It
is appropriate 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.
Esteemed delegates,
Of the four proposal papers presented
by the Delegate Group of Representatives-elect, the political parties from the
Delegate Group of Political Parties discussed the stances of the
representative of the National Unity Party, and the representative of Mro or
Khami National Solidarity Organization. Respective representatives held
similar discussions.
Independent Representatives-elect Dr
Hmu Htan of Thantlang Township Constituency in Chin State, U Aung Thein of
Ywangan Township Constituency in Shan State (South) and U Tun Kyaw of Namhsan
Township Constituency in Shan State (North) from the Delegate Group of
Representatives-elect said, we would say we find appropriate the Work
Committee chairman's proposal to seek the approval of the National Convention
to draft as necessary the State Constitution without infringing the aims and
essence of the basic principles and detailed basic principles adopted
according to the minutes of the NC.
Independent Representatives-elect U Tin
Win of Kyaiklat Township Constituency 2, U Thein Kyi of Taungdwingyi Township
Constituency 1, U Hla Soe of Minbu Township Constituency 2, U Mya Hlaing of
Twantay Township Constituency 2, U Kyi Win of Mingaladon Township Constituency
1 and U Tin Tun Maung of Mingaladon Township Constituency 2 form the same
group suggested to seek the approval of the National Convention in drafting as
necessary the State Constitution without infringing the aims and essence of
the basic principles and detailed basic principles adopted according to the
minutes of the NC.
Esteemed delegates,
The Delegate Group of National Races
suggested to seek the approval of the National Convention in drafting as
necessary the State Constitution without infringing the aims and essence of
the basic principles and detailed basic principles adopted according to the
minutes of the NC.
As a separate suggestion, the group
said, Based on our study, we are going to present a separate suggestion
concerning the impeachment or the act of laying blame.
Sub-para (a) para 19 of Chapter General
Provisions states as follows:
(a) A member of the Constitutional
Tribunal can be blamed or impeached under any of the following reasons:
(1) treason;
(2) violation of any of the provisions
of the Constitution;
(3) misbehaviour;
(4) incapability of discharging duties
prescribed in the State Constitution for a member of the Constitutional
Tribunal;
(5) inefficient discharge of duties;
There are similar detailed basic
principles to impeach the Chairman of the Union Election Commission or one of
the members in accord with the above-mentioned five points.
Only the first to fourth detailed
principles are stipulated for the impeachment of the President, or the
Vice-President, a Union Minister, the Attorney-General of the Union, the
Auditor-General of the Union, Region or State Chief Minister or any of the
ministers, the Chief Justice of the Union or any of the judges of the Supreme
Court or a Chief Justice or any of the
judges of the Region or State High Court State.
To have a contextual uniformity and to
prevent occurrence of disputes in the future, the detailed basic principles
concerning the impeachment should always be five points for every matter.
It can be assumed that the expression
inefficient discharge of duties is so general that there is no specification
of the person concerned or the duty. It will be more appropriate if the said
expression should be substituted with the expression inefficient discharge of
duties assigned to him in accord with the law.
In our view, the point 5 inefficient
discharge of duties assigned to him in accord with the law should be added to
the four detailed basic principles concerning the impeachment. Concerning the
impeachment of a member of the Constitutional Tribunal or Chairman of the
Union Election Commission or one of the members, the expression of the point 5
being unable to perform the duties assigned to him efficiently should be
substituted with the expression inefficient discharge of duties assigned to
him in accord with the law.
Esteemed delegates,
The Delegate Group of Peasants said
that the National Convention should be vested with the power to draft the
State Constitution without infringing the aims and essence of the basic
principles and detailed basic principles adopted according to the minutes of
the NC.
Esteemed delegates,
The Delegate Group of Workers said,
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'. We also consider that
some of 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. We unanimously
agree to the Work Committee Chairman's clarification, 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.
Esteemed delegates,
The Delegate Group of Intellectuals and
Intelligentsia said, We members of the Delegate Group of Intellectuals and
Intelligentsia support the point that 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.
Esteemed delegates,
The Delegate Group of State Service
Personnel made a suggestion that the National Convention approve to draft the
State Constitution with 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.
Esteemed delegates,
The Delegate Group of Other Invited
Persons said that the National Convention should approve to draft the State
Constitution with 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.
Esteemed delegates,
I have presented a collection of the
panel of alternate chairmen's findings of suggestions of the delegate groups
and the delegate groups from the political parties on the Work Committee
chairman's explanation about the basic principles and detailed basic
principles that should be amended, added or repealed.
According to the proposal papers, it is
found that the delegate groups and many delegates expressed their support of
amending, adding suitable words to, and repealing some basic principles and
detailed basic principles as explained by the Work Committee chairman. Some
delegates not only expressed their support but also made separate suggestions.
All the delegates and delegate groups
suggested that the National Convention approve of drafting the State
Constitution making 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 conclusion, I would say that the delegates and many delegates and
all delegate groups held discussions in support of the explanation. So, the
Work Committee will have to carry out follow-up plans as necessary.
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Seven delegate groups of National Convention organize group meetings
Yangon, 21 Aug - The Delegate Groups of
Representatives-elect, National Races, Peasants, Workers, Intellectuals and
Intelligentsia, State Service Personnel and Other Invited Persons held group
meetings at the designated places of Nyaunghnapin Camp in Hmawby Township this
morning.
Delegate Group of Representatives-elect
The group meeting of the Delegate Group
of Representatives-elect was held at the hall-2 this morning. Alternate
Chairman U San Tha Aung of Mro (or) Khami National Solidarity Organization
presided over the meeting together with members of the Panel of Chairmen U
Mahn Tin Maung (a) U Mahn Myo Nyunt of Union Kayin League and U Kya Ha She of
Lahu National Development Party.
The alternate chairman delivered an
address.
Independent Repre-sentative-elect U
Aung Thein of Ywangan Township Constituency read the compilation of
suggestions of the Delegate Group of Representatives-elect concerning the
clarification of the National Convention Convening Work Committee Chairman on
the amendments, the additions, and the repeals and the transfer out of the
fundamental principles and detailed basic principles that had been adopted by
the National Convention.
After seeking approval from the
representatives-elect, the Alternate Chairman approved the proposal of the
delegate group.
Delegate Group of National Races
U Maung Hla (a) U Hla Myint of
Taninthayi Division presided over the meeting of the Delegate Group of
National Races together with members of the Panel of Chairmen U Mahn Ohn Maung
of Kayin State, U Kyaw Din (a) U Htay Yei of Kayah State, Duwa Zok Dong of
Shan State (North) and U Aung Zan Wai of Rakhine State at Pyidaungsu Hall this
morning.
First, the Al-ternate Chairman gave a
speech.
U Nay Win of Sagaing Division read the
compilation of suggestions of the delegate group concerning the clari-fication
of the National Convention Convening Work Committee Chairman on the
amendments, the ad-ditions, and the repeals and the transfer out of the
fundamental principles and detailed basic principles that had been adopted by
the National Convention. The Alternate Chairman sought the approval from the
delegates for the compilation of sugges-tions to be submitted to the NCCWC.
Delegate Group of Peasants
At the hall-4, the group meeting of the
Delegate Group of Peasants was presided over by Alternate Chairman U Mya Aye
of Yangon Division together with members of the Panel of Chairmen U Sai Tint
Aung of Shan State (North) and U Kan Nyunt of Sagaing Division.
The Alternate Chairman made a speech.
Member of the Panel of Chairmen U Kyi Tint of the Delegate Group of Peasants
read the clarification of the NCCWC on the amendments, the addi-tions, and the
repeals and the transfer out of the fundamental principles and detailed basic
principles that had been adopted by the National Convention, and U Tin Maung
Kyaw of Magway Division read the proposal of the delegate group.
The Alternate Chairman approved the
proposal of the delegate group after seeking the approval from the delegates.
Delegate Group of Workers
The group meeting of the Delegate Group
of Workers took place at the hall-5 this morning. Dr Myo Thant Tin of Yangon
Division presided over the meeting together with U Kyaw Myo Win of Bago
Division and U Bo Thein of Shan State (East).
The Alternate Chairman gave a speech.
Next, member of the Panel of Chairmen Daw Yin Yin Htay of Pathein Township
read the proposal of the Delegate Group of Workers concerning the
clarification of the National Convention Convening Work Committee Chairman on
the amendments, the additions, and the repeals and the transfer out of the
fundamental principles and detailed basic principles that had been adopted by
the National Convention.
The Alternate Chairman approved the
proposal of the delegate group to be submitted the NCCWC by seeking approval
from the delegates.
Delegate Group of Intellectuals and
Intelligentsia
At the hall-6, the above-mentioned
delegate group held the meeting. It was presided over by Alternate Chairman Dr
U Thein Oo Po Saw together with members of the Panel of Chairmen Dr Maung
Maung Wint and U Hla Myint.
The Alternate Chairman read the
proposal of the delegate group concerning the clarification of the National
Convention Convening Work Committee Chairman on the amendments, the additions,
and the repeals and the transfer out of the fundamental principles and
detailed basic principles that had been adopted by the National Convention.
Next, the Alternate Chairman sought the
approval from the delegates for the proposal to be submitted to the NCCWC and
approved it.
Delegate Group of State Service
Personnel
Alternate Chairman Maj-Gen Win Than
flanked by members of the Panel of Chairmen U Arnt Maung and U Hla Tin
presided over the meeting of the delegate group at the hall-7.
First, the Alternate Chairman delivered
an address. Dr Daw Myat Myat Ohn Khin read the clarification of the NCCWC
Chairman on the amendments, the additions, and the repeals and the transfer
out of the fundamental principles and detailed basic principles that had been
adopted by the National Convention, and Dr Daw Swe Swe Aye read the proposal
of the delegate group.
The delegates took part in the
discussions on the proposal. The Alternate Chairman approved the proposal
after seeking the consent of the delegates.
Delegate Group of Other Invited Persons
At the hall-8, the Other Invited
Persons group meeting was presided over by Alternate Chairman Dr Manan Tu Ja
together with members of the Panel of Chairmen U Tun Aung Chein and U Paw Laik
Kham.
The meeting was opened with an address
delivered by the Alternate Chairman.
Member of the Panel of Chairmen U Tun
Aung Chein read the clarification of the NCCWC Chairman on the amendments, the
additions, and the repeals and the transfer out of the fundamental principles
and detailed basic principles that had been adopted by the National
Convention. The Alternate Chairman sought the consent of the delegate on the
proposal of the delegate group and approved it.
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