Penang assembly Speaker Law Choo Kiang said the police and attorney-general (AG) cannot prosecute any elected representative for any wrongdoing committed in the House.
Law said the authorities cannot act on assemblypersons without the agreement of the speaker.
"So this clearly cancels the (planned) charge against Seri Delima assemblyperson RSN Rayer (left) for sedition under the 1948 Sedition Act," Law said in a statement yesterday.
He said a warning based on the assembly's standing orders has been issued to Rayer not to repeat the remark "Umno celaka" (damned Umno), which Rayer uttered in the House on May 20.
Based on the standing orders, the 10 disgruntled Umno assemblypersons were also told to table an emergency motion to the Penang special assembly committee to deal with their indignation over Rayer's remark, Law added.
"But Umno failed to obtain enough quorum or votes for the motion, so it couldn't proceed with it," Law explained.
"I made these decisions based on the provisions of the standing orders, therefore any (external) issue arising from this (incident) has to be stopped immediately," he said.
Law expressed regret that the police and AG have challenged the sanctity of the House by arresting Rayer on Wednesday for sedition.
The AG had ordered the DAP Seri Delima assemblyperson to be charged in a sessions court yesterday, under Section 4(1)(b) of the Sedition Act (1948) for uttering the words "Umno celaka" in the Penang assembly, but the case waspostponed at the last minute until further notice.
Law said the police and AG Abdul Gani Patail (right) failed to consider the immunity enjoyed by the Dewan in using "laws to contradict" decisions made by the speaker.
He cited Articles 63 and 72 of the Federal Constitution, saying that MPs and state assemblypersons are granted immunity when speaking in the House, with certain exceptions.
These include violations against human rights, the national language and the status of the monarchy, among others.
"However, the 'Umno celaka' topic does not fall under any of these categories in the constitution, apart from being impolite words uttered by an assemblyperson during debate in the state legislative assembly.
"The action taken by the police and AG not only disrespects the principle of separation of powers, but is also seen as selective prosecution," Law added.
He urged all parties to respect the status and authority of the state assembly and not allow the august House to be turned into a children's playground.
Cops: Postponement not our fault
Meanwhile, Bernama yesterday reported that the police have denied they are the cause behind the decision by the prosecution to postpone the case.
Penang police chief Abdul Rahim Hanafi (left) said the police had completed investigating the case and the investigation papers had been submitted to the AG's Chambers.
"The case was postponed not because of the police or because the investigation was not complete. Everything, including the investigation papers were ready and have been submitted.
"The decision was made by the Attorney-General's Chambers. We do not have the power to do so (postpone)," Rahim told reporters in George Town yesterday.
Law said the authorities cannot act on assemblypersons without the agreement of the speaker.
"So this clearly cancels the (planned) charge against Seri Delima assemblyperson RSN Rayer (left) for sedition under the 1948 Sedition Act," Law said in a statement yesterday.He said a warning based on the assembly's standing orders has been issued to Rayer not to repeat the remark "Umno celaka" (damned Umno), which Rayer uttered in the House on May 20.
Based on the standing orders, the 10 disgruntled Umno assemblypersons were also told to table an emergency motion to the Penang special assembly committee to deal with their indignation over Rayer's remark, Law added.
"But Umno failed to obtain enough quorum or votes for the motion, so it couldn't proceed with it," Law explained.
"I made these decisions based on the provisions of the standing orders, therefore any (external) issue arising from this (incident) has to be stopped immediately," he said.
Law expressed regret that the police and AG have challenged the sanctity of the House by arresting Rayer on Wednesday for sedition.
The AG had ordered the DAP Seri Delima assemblyperson to be charged in a sessions court yesterday, under Section 4(1)(b) of the Sedition Act (1948) for uttering the words "Umno celaka" in the Penang assembly, but the case waspostponed at the last minute until further notice.Law said the police and AG Abdul Gani Patail (right) failed to consider the immunity enjoyed by the Dewan in using "laws to contradict" decisions made by the speaker.
He cited Articles 63 and 72 of the Federal Constitution, saying that MPs and state assemblypersons are granted immunity when speaking in the House, with certain exceptions.
These include violations against human rights, the national language and the status of the monarchy, among others.
"However, the 'Umno celaka' topic does not fall under any of these categories in the constitution, apart from being impolite words uttered by an assemblyperson during debate in the state legislative assembly.
"The action taken by the police and AG not only disrespects the principle of separation of powers, but is also seen as selective prosecution," Law added.
He urged all parties to respect the status and authority of the state assembly and not allow the august House to be turned into a children's playground.
Cops: Postponement not our fault
Meanwhile, Bernama yesterday reported that the police have denied they are the cause behind the decision by the prosecution to postpone the case.
Penang police chief Abdul Rahim Hanafi (left) said the police had completed investigating the case and the investigation papers had been submitted to the AG's Chambers."The case was postponed not because of the police or because the investigation was not complete. Everything, including the investigation papers were ready and have been submitted.
"The decision was made by the Attorney-General's Chambers. We do not have the power to do so (postpone)," Rahim told reporters in George Town yesterday.
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