NC Plenary Session continues

Yangon, 25 Oct — Members of the National Convention Convening Work Committee read out the clarification on laying down the detailed basic principles for legislation of Pyidaungsu Hluttaw, Pyithu Hluttaw and Amyotha Hluttaw to be included in the chapter Legislation in drafting the State Constitution made by Chairman of the National Convention Convening Work Committee at the National Convention Plenary Session continued at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, at 9 am today.

Present on the occasion were Chairman of the National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein and Commission members, Chairman of the National Convention Convening Work Committee Chief Justice U Aung Toe and Work Committee members, Chairman of the National Convention Convening Management Committee Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen and officials of subcommittees, delegates of political parties 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 intellectuals and intelligentsia, 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 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 Committee, 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 (North) Special Region-4, Shan State (North) Special Region-5, 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) (Hoya), Kayinni National Unity and Solidarity Organization (Ka Ma Sa Nya), Democratic Kayin Buddhist Organization (DKBA) and Haungthayaw Special Region Group, Nyeinchanyay Myothit Group from Hpa-an Township of Kayin State, Burma Communist Party (Rakhine State Group), Arakan Army (AA), Homein Region Development and Welfare Group, Shwepyiaye (MTA), Manpan People’s Militia Group, Mon Peace Group (Chaungchi Region) and Mon Nai Seik Chan Group that had exchanged arms for peace.

Before the Plenary Session of the National Convention, Chairman of the NCCC Secretary-1 Lt-Gen Thein Sein and Commission members, Chairman of the NCCWC Chief Justice U Aung Toe and Work Committee members, Chairman of the NCCMC Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen and officials of the subcommittees, delegates of political parties, representatives-elect, delegates of the National Races, Peasants, Workers, Intellectuals and Intelligentsia, State Service Personnel, and Other Invited Persons, signed attendance books at Pyidaungsu Hall and the recreation hall.

NCCC Chairman Secretary-1 Lt-Gen Thein Sein presided over the Plenary Session of National Convention and Secretary of NCCC Minister for Information Brig-Gen Kyaw Hsan acted as Master of Ceremonies.

The MC declared the start of the group meeting as 1,070 out of 1,081 delegates were in attendance, accounting for 98.98, and the plenary session commenced with the permission of the meeting chairman.

First, NCCWC Chairman Chief Justice U Aung Toe clarified matters on laying down the detailed basic principles for legislation of Pyidaungsu Hluttaw, Pyithu Hluttaw and Amyotha Hluttaw in drafting the State Constitution.

Next, Vice-Chairman of NCCWC Attorney-General U Aye Maung read out the clarification made by the chairman on laying down the detailed basic principles for legislation of Pyidaungsu Hluttaw, Pyithu Hluttaw and Amyotha Hluttaw in drafting the State Constitution and the Plenary Session took a break.

(The clarifications made by U Aung Toe and U Aye Maung are reported separately)

When the Plenary Session resumed at 10.30 am, Secretary of NCCWC U Thaung Nyunt read out the clarification made by the chairman on laying down the detailed basic principles for legislation of Pyidaungsu Hluttaw, Pyithu Hluttaw and Amyotha Hluttaw in drafting the State Constitution.

Afterwards, Member of NCCWC Dr Tun Shin read out the clarification made by the chairman on laying down the detailed basic principles for legislation of Pyidaungsu Hluttaw, Pyithu Hluttaw and Amyotha Hluttaw in drafting the State Constitution and the Plenary Session took a break.

When the Plenary Session resumed at 11.40 am, Member of NCCWC Brig-Gen Mya Win read out the clarification made by the chairman on laying down the detailed basic principles for legislation of Pyidaungsu Hluttaw, Pyithu Hluttaw and Amyotha Hluttaw in drafting the State Constitution and the Plenary Session went into recess at 12.15 pm.

(The clarification made by U Thaung Nyunt, Dr Tun Shin and Brig-Gen Mya Win will be reported.)

The Plenary Session continues tomorrow at 9 am.

As suggestions of some delegate groups are in national, people’s interest, the Work Committee seeks the opinion of the delegate groups through the panel of chairmen

Yangon, 25 Oct— The following is the clarification made at the Plenary Session of the National Convention held at Nyaunghnapin Camp in Hmawby Township, Yangon Division, today by the Chairman and Vice-Chairman of the National Convention Convening Work Committee on adoption of detailed basic principles for legislative functions of Pyidaungsu Hluttaw to be included in the chapter “Legislation” for drafting the State Constitution.

I wish you all the delegates blessed with health and happiness and auspiciousness.

All of you, the delegates, have already known the clarification made by the Chairman of the National Convention Convening Work Committee concerning the detailed basic principles for the legislative functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw and the Region or State Hluttaw to be included in the chapter “Legislation” to formulate the Constitution at the plenary session of the National Convention held from 13 December 2005 to 9 January 2006 and the proposals presented by delegate groups and some delegates. The proposals included proper suggestions within the framework of the detailed basic principles to be adopted. As the suggestions of some delegate groups are in the interest of the nation and the people, the Work Committee sought the opinion of the delegate groups through the panel of chairmen.

The Work Committee thoroughly studied suggestions concerning the legislation of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw and the Region or State Hluttaw. Afterwards, the Work Committee submitted the comprehensive report on the detailed basic principles, that should be adopted, to the National Convention Convening Commission. The Commission after studying the detailed basic principles in detail approved them. I will now explain the Commission-approved detailed basic principles concerning the legislation of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw and the Region or State Hluttaw.

At the plenary session of the National Convention held on 13 December 2005, the Work Committee chairman presented a collection of detailed basic principles concerning the legislation of the Pyidaungsu Hluttaw for the chapter “Legislation” of the Constitution as follows:

(1)    The first session of the Pyidaungsu Hluttaw shall be held within 15 days after the first session of the Pyithu Hluttaw.

(2)    The Speaker of the Pyidaungsu Hluttaw shall convene the sessions of the Pyidaungsu Hluttaw.

(3)    The Speaker of the Pyidaungsu Hluttaw shall convene the Pyidaungsu Hluttaw session at least once a year. The interval between two sessions should not exceed 12 months.

(4)    The following functions and duties shall be carried out at the Pyidaungsu Hluttaw meetings:

(a)   Recording the address delivered by the President;

(b)   Reading out and recording the message sent by the President and other messages permitted by the Speaker;

(c)   Submitting, discussing and making decision on a bill;

(d)   Discussing and deciding the opinion and remarks of the President concerning a bill approved by the Pyidaungsu Hluttaw;

(e)   Discussing and deciding the matter the Pyidaungsu Hluttaw has to implement in accord with the provisions contained in the Constitution;

(f)    Discussing, deciding and recording the reports presented to the Pyidaungsu Hluttaw;

(g)   Submitting proposals, holding discussions and making decisions;

(h)   Asking questions and answering;

(i)     Implementing the matters permitted by the Speaker of the Pyidaungsu Hluttaw.

(5)    The Speaker of the Pyidaungsu Hluttaw shall convene a special session or an emergency session of the Pyidaungsu Hluttaw as necessary.

(6)    The Pyidaungsu Hluttaw Speaker shall convene a special session or an emergency session of the Pyidaungsu Hluttaw soonest when the President informs the Pyidaungsu Hluttaw Speaker to convene a session of the Pyidaungsu Hluttaw.

(7)    The Speaker of the Pyidaungsu Hluttaw shall convene a special session of the Pyidaungsu Hluttaw when at least one fourth of the total number of members of the Pyidaungsu Hluttaw ask to convene the Pyidaungsu Hluttaw.

(8)    (a) The first day session of the Pyidaungsu Hluttaw shall be valid if more than half the number of members, who have the right to attend the Pyidaungsu Hluttaw meeting, are present. The meeting if invalid, shall be adjourned.

(b) The meetings that are adjourned due to invalidity in accord with the sub paragraph (a) as well as the valid meetings that are extended will be valid if at least one-third of the Hluttaw members are present.

(9)    (a) Save as otherwise provided by this Constitution, a matter that should be decided through voting, shall be determined by a majority of votes of the members present and voting.

(b) The Speaker of the Pyidaungsu Hluttaw or the Deputy Speaker acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.

(10)If for a period of 15 consecutive days a member of Pyidaungsu Hluttaw is, without permission of the Speaker absent from all meetings of the Pyidaungsu Hluttaw, the Speaker shall inform the Hluttaw concerned to take action against the member according to the prescribed rules. Provided that in computing the said period of 15 days no account shall be taken of any period during which the Chamber is prorogued or is adjourned.

(11)Although there are vacant seats, the Pyidaungsu Hluttaw shall have the right to carry on its functions and duties. Moreover, the session shall not be annulled, even if the acts of some person who was not entitled to do so sat or voted or took part in the proceedings are discovered later.

(12)The functions and records of the Pyidaungsu Hluttaw shall be published for public information. But the functions and records restricted by a law or decisions of the Pyidaungsu Hluttaw shall not be published.

(13)(a) The Pyidaungsu Hluttaw shall have the right to make laws for the whole or any part of the Union concerning the matters stated in the Union Legislative List.

(b) If a bill initiated in the Pyithu Hluttaw or the Amyotha Hluttaw is approved by both Pyithu Hluttaw and Amyotha Hluttaw, it shall be presumed that the bill is approved by the Pyidaungsu Hluttaw.

(14)(a) When the Pyidaungsu Hluttaw enacts a law, it may —

(i)               entrust the right to issue rules, regulations and bye-laws concerning the law to a Union level organization formed according to the Constitution.

(ii) authorize the respective organizations or authority to issue notifications, orders, directives and procedures.

(b) The rules, regulations, bye-laws, notifications, orders, directives and procedures issued with the right vested by an Act shall be consonant with the provisions contained in the Constitution and the law concerned.

(c) If both the Pyithu Hluttaw and the Amyotha Hluttaw decide to revoke or amend any of the rules, regulations or bylaws, it shall be presumed that the rules, regulations or bylaws are revoked or amended by the Pyidaungsu Hluttaw.

(d) If there is any disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning the said rules, regulations or bylaws, it shall be decided by the Pyidaungsu Hluttaw.

(e) If a decision is made to revoke or amend any of the rules, regulations or bye-laws according to the paragraph (c) or paragraph (d), the decision shall be without prejudice, however, to the validity of any action previously taken under the rules, regulations or bye-laws.

(15)The Pyidaungsu Hluttaw —

(a) shall give the decision on matters in connection with ratifying, denouncing and withdrawing from international agreements, regional treaties or bilateral agreements submitted by the President.

(b) may fix the international, regional or bilateral agreements that do not need Pyidaungsu Hluttaw’s approval and delegate the power to the President to ratify, denounce and withdraw from them.

(16)(a) Matters, agreements and approvals that require a decision of the Pyidaungsu Hluttaw, should be implemented as follows:

(i)      If the Pyidaungsu Hluttaw is in session, the matter shall be decided at that session.

(ii) If the Pyidaungsu Hluttaw is not in session, discussions and decisions on the matter shall be made at the nearest Pyidaungsu Hluttaw session.

(iii) A special session or an emergency session shall be convened to discuss and decide the matters which need prompt action for public interest.

(b) When the President after issuing an order having the force of law submits it to the Pyidaungsu Hluttaw for approval, the Pyidaungsu Hluttaw shall:

(i)      pass a resolution to approve it or not.

(ii) fix the further period to which the said order shall continue to be in force if the Pyidaungsu Hluttaw approves the ordinance.

(iii) The order having the force of law shall cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw.

(17)(a) Of the matters included in the Union Legislative List, the Union level organizations formed under the Constitution, shall have the right to submit bills on matters under their management, to the Pyidaungsu Hluttaw in accord with the prescribed procedures.

(b) Bills on national plans, annual budgets and taxation, which are to be submitted exclusively by the Union government shall be presented to the Pyidaungsu Hluttaw in accord with the prescribed provisions for decision.

(18)Except the bills that are prescribed by the Constitution to be initiated exclusively in the Pyidaungsu Hluttaw, the bills initiated by the Union-level organizations formed under the Constitution, in the Pyidaungsu Hluttaw shall be discussed initially at the Pyithu Hluttaw or the Amyotha Hluttaw according to the prescribed provisions.

(19)If a need arises to scrutinize the bills before they are being discussed exclusively at the Pyidaungsu Hluttaw, they are to be scrutinized jointly by the Pyidaungsu Hluttaw bill committee and the Amyotha Hluttaw bill committee, and the bills together with the findings and comments of the joint committee can be submitted to the Pyidaungsu Hluttaw in accord with prescribed provisions.

(20)If there arises disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning a bill, the bill shall be discussed and approved in the Pyidaungsu Hluttaw.

(21)(a) Within 14 days after the date the President receives the bills sent to him by the Pyidaungsu Hluttaw after approving them and the bills in like manner as if the Pyidaungsu Hluttaw has approved them, he shall sign the bills and shall promulgate them into law.

(b) The President shall send a bill back to the Pyidaungsu Hluttaw together with his comments within the fixed time to sign and promulgate it into a law.

(c) Although the President does not send a bill back to the Pyidaungsu Hluttaw together with his comments within the fixed time, if the bill is not signed by the President within 14 days after the date of presentation, the same shall become a law in like manner as if he had signed it on the last of the said 14 days.

(22)(a) If the President sends back the bill to the Pyidaungsu Hluttaw together with his comments within the fixed time, the Pyidaungsu Hluttaw after studying the President’s comments, can accept his comments or can decide to amend the bill, or shall make a decision to approve the bill in its original state if it does not agree the President’s comments.

(b) The President shall sign the bill and enact it into a law on the last of the said seven days if the bill so amended according to his comments or his comments are not accepted and the bill approved in its original state is sent back to him with the Pyidaungsu Hluttaw’s decision.

(c) If the bill sent back to the President by the Pyidaungsu Hluttaw is not signed by the President within the fixed time, the same shall be become a law in like manner as if he has signed it on the last date of the said time limit.

(23)The law signed by the President and the law deemed to have been signed by the President shall be published in the official gazette. The law shall come into force on the date of such promulgation unless the contrary intention is expressed.

(24)Members of the organizations representing the Union level organizations formed under the Constitution while attending the Pyidaungsu Hluttaw with the permission of the Speaker have right to explain the bills and other matters in connection with their respective organizations.

(25)The Speaker of the Pyidaungsu Hluttaw shall —

(a)   supervise the Pyidaungsu Hluttaw sessions;

(b)   invite the President, if the President informs him of his desire to address the Pyidaungsu Hluttaw;

(c)   have the power to invite organizations and persons representing any Union level organizations formed under the Constitution to attend and give clarifications on one of the matters of the ongoing discussions of the Pyidaungsu Hluttaw session if necessary;

(d)   implement his other duties and functions designated by the Constitution or any law

(26)The Union level organizations formed under the Constitution shall submit their general situation necessary to be presented to the Pyidaungsu Hluttaw, with the permission of the Speaker.

(27)(a) Subject to the provisions contained in the Constitution, and the provisions prescribed in the Pyidaungsu Hluttaw law, members of the Pyidaungsu Hluttaw shall have freedom of speech and voting at the Pyidaungsu Hluttaw and the Pyidaungsu Hluttaw Joint Committee. Concerning the discussions and functions of the Pyidaungsu Hluttaw and the Joint Committee, a Pyidaungsu Hluttaw member shall be absolutely privileged, except under the laws of the Pyidaungsu Hluttaw.

(b) Subject to the provisions contained in the Constitution, and the provisions prescribed in the Pyidaungsu Hluttaw law, members of organizations or persons representing any one of the Union level organizations invited to attend the Pyidaungsu Hluttaw have the freedom of speech. No action shall be taken against such persons for their speeches, except under the laws of the Pyidaungsu Hluttaw.

(c) However, if the persons mentioned in the above paragraph (a) and paragraph (b) commit physical assaults, they shall be liable to punishment according to the existing law.

(28)If there arises a need to arrest a Pyidaungsu Hluttaw member attending a Pyidaungsu Hluttaw session or a person attending the Pyidaungsu Hluttaw session at the invitation of the Speaker of the Pyidaungsu Hluttaw, the reliable evidence shall be submitted to the Speaker of the Pyidaungsu Hluttaw. He shall not be arrested without prior permission of the Speaker of the Pyidaungsu Hluttaw.

(29)The reports, documents and Hluttaw records published by the Pyidaungsu Hluttaw or under its authority shall be privileged.”

The delegate groups — the delegate group of national races, the delegate group of peasants, the delegate group of workers, the delegate group of intellectuals and intelligentsia, the delegate group of State service personnel, the delegate group of other invited persons — and the Union Pa-O National Organization, the Mro or Khami National Solidarity Organization, the Lahu National Development Party, the Union Kayin League, the Kokang Democracy and Unity Party, the Wa National Development Party and the delegate group of representatives-elect of the delegate group of political parties discussed the points that I have explained, replied that they should be adopted as detailed basic principles.

Separate suggestions made by others will be presented. The National Unity Party gave a suggestion on the point “If for a period of 15 consecutive days a member of Pyidaungsu Hluttaw is, without permission of the Speaker, absent from all meetings of the Pyidaungsu Hluttaw, the Speaker shall inform the Hluttaw concerned to take action against the member according to the prescribed rules. Provided that in computing the said period of 15 days no account shall be taken of any period during which the Chamber is prorogued, or is adjourned.”

The NUP agrees to the fact that the Pyidaungsu Hluttaw members have the duty to regularly attend the meetings, and that a Pyidaungsu Hluttaw member should ask permission for his failure to attend meeting for unavoidable circumstances to the Speaker. But the delegates are living in various parts of the nation. Although communication systems have improved much at present, there can occur unexpected natural disasters such as floods and landslides. If a Hluttaw member faces such a disaster, it will be difficult for him to inform the Speaker for his absence within the fixed time of 15 days. If action will be taken against him for his failure to inform the matter in time, it may have adverse effects for the nation as well as the Hluttaw member concerned and the voters. Thus, the Convention should consider extending the permitted period to 30 days.

As regards the suggestion, what the Work Committee Chairman’s clarification on the matter means is the number of consecutive days a Hluttaw member is absent from the Pyidaungsu Hluttaw, not the time limit for submitting a leave. An MP has enough time to submit his leave of absence if he has informed the matter since the Hluttaw convening date is announced. Fifteen days cannot be said to be few at this age when communication is so easy.

The NUP party also suggested the matter concerning the following detailed basic principle:

“(a) When the Pyidaungsu Hluttaw enacts a law, it shall —

(i)                  entrust the right to issue rules, regulations and bye-laws concerning the law to the Union level organizations formed according to the Constitution.

(ii)                authorize the respective organizations or authority to issue notifications, orders, directives and procedures.

(iii)               (b) The rules, regulations, notifications, orders, directives and procedures issued with the right vested by a law shall be in consonant with the provisions contained in the Constitution and the law concerned.

(c) If both the Pyithu Hluttaw and the Amyotha Hluttaw decide to annul or amend any of the rules, regulations or bye-laws, it shall be presumed that the rules, regulations or bye-laws are revoked or amended by the Pyidaungsu Hluttaw.

(d) If there is any disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning the said rules, regulations or bye-laws, it shall be decided by the Pyidaungsu Hluttaw.

(e) If a decision is made to revoke or amend any of the rules, regulations or bye-laws according to the paragraph (c) or paragraph (d), the decision shall be without prejudice, however, to the validity of any action previously taken under the rules, regulations or bylaws.”

The party said it found that the provisions contained in the paragraph (a) and subparagraphs and paragraphs (b), (c) and (d) appropriate.

But in the NUP’s view, the paragraph (e) fails to mention the responsibility concerning the mistake whose consequences may have adverse effects on the nation and the people. The fact that whether the mistake is committed inadvertently or not and whether the mistake does have adverse effects on the nation and the people should be considered.

Concerning the suggestion, I would like to say that any of the rules, regulations or bye-laws require revocation or amendments not because of mistakes only, but because of the time and situation also. Anyhow, the legal expression “the decision shall be without prejudice, however, to the validity of any action previously taken under the rules, regulations or bye-laws” is in accord with the practice of world countries including Myanmar for the validity of any action previously taken under the rules before making any revocation or amendments.

The NUP then said, as regards the privileges of the Hluttaw members in holding discussions, a detailed basic principle says:

“(a) Subject to the provisions contained in the Constitution, and the provisions prescribed in the Pyidaungsu Hluttaw law, members of the Pyidaungsu Hluttaw shall have freedom of speech and voting at the Pyidaungsu Hluttaw and the Pyidaungsu Hluttaw Joint Committee. Concerning the discussions and functions of the Pyidaungsu Hluttaw and the Joint Committee, a Pyidaungsu Hluttaw member shall be absolutely privileged, except under the laws of the Pyidaungsu Hluttaw.”

“(b) Subject to the provisions contained in the Constitution, and the provisions prescribed in the Pyidaungsu Hluttaw law, members of organizations or persons representing any of the Union level organizations invited to attend the Pyidaungsu Hluttaw have the freedom of speech. No action shall be taken against such persons for their speeches, except under the law of the Pyidaungsu Hluttaw.”

“(c) However, if the persons mentioned in the above paragraph (a) and paragraph (b) commit physical assaults, they shall be liable to punishment according to the existing law.”

Members of the Pyidaungsu Hluttaw and members of organizations or persons representing any one of the Union level organizations invited to attend the Pyidaungsu Hluttaw have the freedom of speech in the interest of the nation and the people. But if they commit physical assaults, they shall be liable to punishment according to the existing laws. The NUP views the principle as a preventive measure against any acts that may tarnish the Pyidaungsu Hluttaw’s image.

As regards the physical assaults, first, action should be taken against the offender in accord with the rules and regulations of the Pyidaungsu Hluttaw. But as for the assaults that are punishable by the existing laws, action should be taken against the offender under the existing laws in addition to the rules and regulations of the Pyidaungsu Hluttaw.

Hence, the party would like to give a suggestion to state the paragraph (c) as follows:

“However, if the persons mentioned in the above paragraph (a) and paragraph (b) commit physical assaults, they shall be liable to punishment according to rules and regulations of the Pyidaungsu Hluttaw and the existing laws.”

As regards the suggestion, it is required to explain that the NUP proposed to add the wording “rules and regulations” to the subparagraph “(c) However, if the persons mentioned in the above paragraph (a) and paragraph (b) commit physical assaults, they shall be liable to punishment according to the existing law.” As the proposal is comprehensive and in accord with the already-laid-down basic principles, it is a matter that requires serious consideration. A coordination was made with the members of the panel of chairmen of the Work Committee concerning the matter. A large number of National Convention delegates discussed in support of the proposal saying the subparagraph (c) of the para 26 should be stated “However, if the persons mentioned in the above paragraph (a) and paragraph (b) commit physical assaults, they shall be liable to punishment according to rules and regulations of the Pyidaungsu Hluttaw and the existing laws.”

The delegate group of national races presented a proposal, saying, at a meeting, a Hluttaw member can stay neutral without casting his vote for the group supporting a matter or the group opposing the same matter. It is an international practice at the parliamentary meetings of nations and the UN meetings.

Suggestion in support of the following detailed basic principle has already been presented “Save as otherwise provided by this Constitution, a matter that should be decided through voting, shall be determined by a majority of votes of the members present and voting”.

It is my view that, the detailed basic principle of the paragraph 8 (a) of the legislation of the Pyidaungsu Hluttaw, the detailed basic principle of the paragraph 7 (a) (i) and 7 (b) (i) of the legislation of the Pyithu Hluttaw and Amyotha Hluttaw and the detailed basic principle of the paragraph 8 (a) of the legislation of the Region and State Hluttaws should be added with the provision “A hluttaw member shall stay neutral if he wishes to stay neutral without casting his vote”.

In connection with the proposal, I will explain that the detailed basic principle of the paragraph 8 (a) of the legislation of the Pyidaungsu Hluttaw, the detailed basic principle of the paragraphs 7 (a) (i) and 7 (b) (i) of the legislation of the Pyithu Hluttaw and Amyotha Hluttaw and the detailed basic principle of the paragraph 8 (a) of the legislation of the Region and State Hluttaws means just to pass a matter through majority of votes of the members present and voting. Staying neutral without casting vote is the individual right of every MP. Hence, the proposed point is not necessary to be adopted as a detailed basic principle.

The delegate group of intellectuals and intelligentsia presented a proposal, saying, the paragraph 8 states, “Save as otherwise provided by this Constitution, a matter that should be decided through voting, shall be determined by a majority of votes of the members present and voting. The Speaker of the Pyidaungsu Hluttaw or the Deputy Speaker acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.” Regarding the paragraph, we would like to give a suggestion. We wish a greater number of Hluttaw members to be present at the sessions. Only then the sessions can obtain a clear majority vote in deciding a matter which is in accord with the essence of democracy.

It presented another proposal, saying, in the point “The Speaker of the Pyidaungsu Hluttaw or the Deputy Speaker acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes”, the wording “casting vote” is to be replaced with the wording “decisive vote” to enhance the dignity of the Speaker.

The Work Committee Chairman in his clarification used “casting vote” as one side will win due to the casting vote of the person acting as the Speaker in the case of an equality of votes. The Work Committee Chairman used the wording to define the meaning of the paragraph 8 more clearly. “Casting vote” was used in the 1947 Constitution. The Constitutions of some other nations also use the Speaker’s vote as “casting vote”. Hence the wording “casting vote” is more comprehensive and clearer.

The delegate group also gave a suggestion concerning the paragraph 9 “If for a period of 15 consecutive days a member of Pyidaungsu Hluttaw is, without permission of the Speaker absent from all meetings of the Pyidaungsu Hluttaw, the Speaker shall inform the Hluttaw concerned to take action against the member according to the prescribed rules. Provided that in computing the said period of 15 days, no account shall be taken of any period during which the Chamber is prorogued, or is adjourned” and the paragraph (10) “Although there are vacant seats, the Pyidaungsu Hluttaw shall have the right to carry on its tasks. Moreover, the session shall not be annulled, if the acts of some person who was not entitled to do so sat or voted or took part in the proceedings are discovered later”. The group said, the paragraphs are appropriate as Hluttaw sessions are held under systematic arrangements and the passing of decision is their main task.

As there can be more than one person who are not entitled, the paragraph according to our view should be changed to “Although there are vacant seats, the Pyidaungsu Hluttaw shall have the right to carry on its functions and duties. Moreover, the session shall not be annulled, if the acts of a person or more than one person who were not entitled to do so sat or vote or took part in the proceedings are discovered later.”

The expression “some person who was not entitled to do so sat or voted or took part in the proceedings” is a legal usage. According to the 1973 Interpretations of Expressions Law, it shall be presumed that the expression having singular meaning is also relevant to the expression having plural meaning, and the expression having plural meaning is also relevant to the expression having the singular meaning. Hence, some person means one person or more than one person.

Of the four papers presented by the representatives-elect group of the National Convention, which has eight delegate groups, the representatives of the National Unity Party and the Mro (or) Khami National Solidarity Organization presented the proposals of their respective parties.

Independent representatives elect, Dr Hmu Htan of Thantlang Township Constituency, U Aung Thein of Ywangan Township Constituency, Shan State (South) and U Tun Kyaw of Namhsan Township Constituency, Shan State (North) in presenting a suggestion concerning the detailed basic principle “Although there are vacant seats, the Pyidaungsu Hluttaw shall have the right to carry on its functions and duties. Moreover, the session shall not be annulled, if the acts of some person who was not entitled to do so sat or vote or took part in the proceedings are discovered later.”

A detailed basic principle of the State Structure said that if there arises the need for re-delineation of the territorial boundary of the Union, it requires votes of more than half the total number of representatives included in each of the Pyithu Hluttaw and the Amyotha Hluttaw and more than half the number of representatives elected from regions and states.

The opinion of the Pyidaungsu Hluttaw must be sought if required number of votes are not received. The task of re-delineating of the territorial boundary of the nation can be carried out with votes of more than three fourths of the Pyidaungsu Hluttaw members. Similarly, measures for re-delineation of the territorial boundary of a Region or State shall be taken only if it receives the votes of three-fourths and above of the members of the Pyidaungsu Hluttaw. There should be a principle to prescribe a way for the Pyidaungsu Hluttaw to make a decision through the votes regarding the matters to be decided and passed with its approval. The facts signify the importance of the voting rights of a Hluttaw member.

So, the matter of a person who is not entitled to attend the Pyidaungsu Hluttaw sat, voted, or had participated in the proceedings of the Hluttaw should not happen any way. So, respective bodies should supervise the tasks in order to avert an undesirable situation that a person who is not entitled to attend the Hluttaw sat, voted, or had participated in the proceedings of the Hluttaw.

Other 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 presented similar suggestions.

It is found that the suggestion proper and good. Hluttaws will emerge in accord with the constitution when it comes into force. At that time the matter — any person who is not entitled to attend the Pyidaungsu Hluttaw sat, voted, or had participated in the proceedings of the Hluttaws — should not happen at any cause, and it is important. So, respective bodies should supervise the tasks in order to avert an undesirable situation like it. The suggestion will be put on record.

In accord with the suggestions of a large number of National Convention delegates, the following points have been adopted as detailed basic principles for the legislation of the Pyidaungsu Hluttaw.

“(1) The first session of the Pyidaungsu Hluttaw should be held within 15 days after the beginning of the first session of the Pyithu Hluttaw.

The Speaker of the Pyidaungsu Hluttaw shall convene the Pyidaungsu Hluttaw.

(2) The Speaker of the Pyidaungsu Hluttaw shall convene the Pyidaungsu Hluttaw session at least once a year. The maximum time limit between one meeting and another shall not exceed 12 months.

(3) The following functions and duties shall be carried out at the Pyidaungsu Hluttaw meetings:

(a)    Recording the address delivered by the President;

(b)    Reading out and recording the message sent by the President and other messages permitted by the President;

(c)    Submitting and discussing and making decision on a bill;

(d)    Discussing and deciding the opinion and remarks of the President concerning a bill approved by the Pyidaungsu Hluttaw;

(e)    Discussing and deciding the matter the Pyidaungsu Hluttaw has to implement in accord with the provisions contained in the Constitution;

(f)     Discussing, deciding and recording the reports presented to the Pyidaungsu Hluttaw;

(g)    Submitting proposals, and making discussions and decisions;

(h)     Raising questions and giving replies;

(i)      Implementing the matters permitted by the Speaker of the Pyidaungsu Hluttaw.

(4) The Speaker of the Pyidaungsu Hluttaw shall convene a special session or an emergency session of the Pyidaungsu Hluttaw as may be necessary.

(5) The Speaker of the Pyidaungsu Hluttaw shall convene a special session or an emergency session of the Pyidaungsu Hluttaw soonest when the President informs the Speaker of the Pyidaungsu Hluttaw to convene a special session or an emergency session of the Pyidaungsu Hluttaw.

(6) The Speaker of Pyidaungsu Hluttaw shall convene a special session of the Pyidaungsu Hluttaw when at least one-fourth of the total number of members of the Pyidaungsu Hluttaw ask to convene the Pyidaungsu Hluttaw.

(7) (a) The first day session of the Pyidaungsu Hluttaw shall be valid if more than half the number of members, who have the right to attend the Pyidaungsu Hluttaw meeting, are present. The meeting if invalid, shall be adjourned.

(b) The meetings that are adjourned due to invalidity in accord with the sub-paragraph (a) as well as the valid meetings that are extended will be valid if at least one third of the Hluttaw members are present.

(8) (a) Save as otherwise provided by this Constitution, a matter that should be decided through voting, shall be determined by a majority of votes of the members present and voting.

(b) The Speaker of the Pyidaungsu Hluttaw or the Deputy Speaker acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.

(9) If for a period of 15 consecutive days a member of Pyidaungsu Hluttaw is, without permission of the Speaker absent from all meetings of the Pyidaungsu Hluttaw, the Speaker shall inform the Hluttaw concerned to take action against the member according to the prescribed rules. Provided that in computing the said period of 15 days no account shall be taken of any period during which the Chamber is prorogued, or is adjourned.

(10) Although there are vacant seats, the Pyidaungsu Hluttaw shall have the right to carry on its tasks. Moreover, the session shall not be annulled, if the acts of some person who was not entitled to do so sat or voted or took part in the proceedings are discovered later.

(11) The functions and records of Pyidaungsu Hluttaw shall be published for public information. But the functions and records restricted by a law or decisions of the Pyidaungsu Hluttaw shall not be published.

(12) (a) The Pyidaungsu Hluttaw shall have the right to make laws for the whole or any part of the Union concerning the matters stated in the Union Legislative List.

(b) If a bill initiated in the Pyithu Hluttaw or the Amyotha Hluttaw is approved by both Pyithu Hluttaw and Amyotha Hluttaw, it shall be presumed that the bill is approved by the Pyidaungsu Hluttaw.

(13) (a) When the Pyidaungsu Hluttaw enacts a law, it may —

(i) entrust the right to issue rules, regulation and bye-laws concerning the law to the Union level organizations formed according to the Constitution.

(ii) authorize the respective organizations or authority to issue notifications, orders, directives and procedures.

(b) The rules, regulations, notifications, orders, directives and procedures issued with the right vested by a law shall be in consonant with the stipulations contained in the Constitution and the law concerned.

(c) If both the Pyithu Hluttaw and the Amyotha Hluttaw decide to annul or amend any one the rules, regulations or bye-laws, it shall be presumed that the rules, regulations or bye-laws are annulled or amended by the Pyidaungsu Hluttaw.

(d) If there is any disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning the said rules, regulations or bye-laws, it shall be decided by the Pyidaungsu Hluttaw.

(e) If a decision is made to annul or amend any of the rules, regulations or bye-laws according to the paragraph (c) or paragraph (d), the decision shall be without prejudice, however, to the validity of any action previously taken under the rules, regulations or bye-laws.

(14) The Pyidaungsu Hluttaw —

(a)     shall give the decision on matters in connection with ratifying, cancelling and withdrawing from international agreements, regional treaties or bilateral agreements submitted by the President.

(b)     may fix the international, regional or bilateral agreements that do not need Pyidaungsu Hluttaw’s approval and delegate the President to ratify, denounce and withdraw from them.

(15) (a) Matters that requires decision of the Pyidaungsu Hluttaw, agreement and approval should be implemented as follows:

(i) If the Pyidaungsu Hluttaw is in session, the matter shall be decided at that session.

(ii) If the Pyidaungsu Hluttaw is not in session, the discussion and decisions on the matter shall be made at the nearest Pyidaungsu Hluttaw session.

(iii) A special session or an emergency session shall be convened to discuss and decide the matters which need prompt action for public interest.

(c)     When the President after issuing an order having the force of law submits it to the Pyidaungsu Hluttaw for approval, the Pyidaungsu Hluttaw shall:

(i) pass a resolution to approve it or not.

(ii) fix the further period to which the said order shall continue to be in force if the Pyidaungsu Hluttaw approves the order.

(iv)The order having the force of law shall cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw.

(16) (a) Of the matters included in the Union Legislative List, the Union level organizations formed under the Constitution, shall have the right to submit bills on matters under their management, to the Pyidaungsu Hluttaw in accord with the prescribed procedures.

(b) Bills on national plans, annual budgets and taxation, which are to be submitted exclusively by the Union government shall be presented to the Pyidaungsu Hluttaw in accord with the prescribed provisions for decision.

(17) Except the bills that are prescribed by the Constitution to be initiated exclusively at the Pyidaungsu Hluttaw, the bills initiated by the Union level organizations formed under the Constitution, at the Pyidaungsu Hluttaw shall be discussed initially at the Pyithu Hluttaw or the Amyotha Hluttaw according to the prescribed provisions.

(18) If a need arises to scrutinize the bills, before they are being discussed exclusively at the Pyidaungsu Hluttaw, they are to be scrutinized jointly by the Pyidaungsu Hluttaw bill committee and the Amyotha Hluttaw bill committee, and the bills together with the findings and comments of the joint committee can be submitted to the Pyidaungsu Hluttaw in accord with prescribed provisions.

(19) If there arises disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning a bill, the bill shall be discussed and approved in the Pyidaungsu Hluttaw.

(20) (a) Within 14 days after the date the President receives the bills sent to him by the Pyidaungsu Hluttaw after approving them and the bills in like manner as if the Pyidaungsu Hluttaw have approved them, he shall sign the bills and shall promulgate them into law.

(b) The President shall send a bill back to the Pyidaungsu Hluttaw together with his comments within the fixed time to sign and promulgate it into a law.

(d)     Although the President does not send a bill back to the Pyidaungsu Hluttaw together with his comments within the fixed time, if the bill is not signed by the President within 14 days after the date of presentation, the same shall be become a law in like manner as if he had signed it on the last of the said 14 days.”

(21) (a) If the President sends back the bill to the Pyidaungsu Hluttaw together with his comments within the fixed time, the Pyidaungsu Hluttaw after studying the President’s comments, can accept his comments or can decide to amend the bill, or shall make a decision to approve the bill in its original state if it does not agree the President’s comments.

(b) The President shall sign the bill and enact it into a law on the last of the said seven days if the bill so amended according to his comments or his comments are not accepted and the bill approved in its original state is sent back to him with the Pyidaungsu Hluttaw’s decision.

(c) If the bill sent back to the President by the Pyidaungsu Hluttaw is not signed by the President within the fixed time, the same shall be become a law in like manner as if he has signed it on the last date of the said time limit.

(22) The laws signed by the President and the laws deemed to have been signed by the President shall be published in the official gazette. The law shall come into force on the date of such promulgation unless the contrary intention is expressed.

(23) Members of the organizations representing the Union level organizations formed under the Constitution while attending the Pyidaungsu Hluttaw with the permission of the Speaker have right to explain the bills and other matters in connection with their respective organizations.

(24) The Pyidaungsu Hluttaw Speaker shall —

(a)    supervise the Pyidaungsu Hluttaw sessions;

(b)    invite the President, if the President informs him of his desire to address the Pyidaungsu Hluttaw;

(c)    have the power to invite organizations and persons representing any Union level organizations formed under the Constitution to attend and give clarifications on one of the matters of the ongoing discussions of the Pyidaungsu Hluttaw session if necessary;

(d)    implement his other duties and functions designated by the Constitution or any law.

(25) The Union level organizations formed under the Constitution shall submit their general situation, necessary to be presented to the Pyidaungsu Hluttaw, with the permission of the Speaker.

(26) (a) Subject to the provisions contained in the Constitution, and the provisions prescribed in the Pyidaungsu Hluttaw law, members of the Pyidaungsu Hluttaw shall have freedom of speech and voting at the Pyidaungsu Hluttaw and the Pyidaungsu Hluttaw Joint Committee. Concerning the discussions and functions of the Pyidaungsu Hluttaw and the Joint Committee, a Pyidaungsu Hluttaw member shall be absolutely privileged, except under the laws of the Pyidaungsu Hluttaw.

(b) Subject to the provisions contained in the Constitution, and the provisions prescribed in the Pyidaungsu Hluttaw law, members of organizations or persons representing any one of the Union level organizations invited to attend the Pyidaungsu Hluttaw have the freedom of speech. No action shall be taken against such persons for their speeches, except under the laws of the Pyidaungsu Hluttaw.

(c) However, if the persons mentioned in the above paragraph (a) and paragraph (b) commit physical assaults, they shall be liable to punishment according to the existing law.

(27) If there arises a need to arrest a Pyidaungsu Hluttaw member attending a Pyidaungsu Hluttaw session or a person attending the Pyidaungsu Hluttaw session at the invitation of the Speaker of the Pyidaungsu Hluttaw, the reliable evidence shall be submitted to the Speaker of the Pyidaungsu Hluttaw. He shall not be arrested without the prior permission of the Pyidaungsu Hluttaw Speaker.

(28) The reports, documents and Hluttaw records published by the Pyidaungsu Hluttaw or under its authority shall be privileged.”