The reports, documents and hluttaw records published by the Pyidaungsu Hluttaw or under its authority shall be privileged

YANGON, 18 Dec—The following is the presentation on clarifications of National Convention Convening Work Committee Chairman on adoption of detailed basic principles for legislation of Pyidaungsu Hluttaw to be included in judicial sector for formulating State Constitution by Member of the National Convention Convening Work Committee Supreme Court Judge U Tin Aye at the plenary session held on 13 December at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

I am now going to explain the matter concerning the procedures to the arrest of a Pyidaungsu Hluttaw member while it is in session.

A detailed basic principle, saying that if there arises a need to arrest a Pyidaungsu Hluttaw member while the Pyidaungsu Hluttaw is in session, the firm evidence against him and the arrest warrant must be submitted to the Pyidaungsu Hluttaw Speaker, and he shall be arrested only after receiving the permission to do so from the Speaker in advance should be adopted.

Persons attending a Pyidaungsu Hluttaw session with the permission of the Speaker and persons attending the session at the invitation of the Speaker to clarify the matter being discussed by the Pyidaungsu Hluttaw should have similar rights as the Pyidaungsu Hluttaw members. Concerning the above-mentioned matter, delegates should discuss whether the following detailed basic principle should be adopted.

“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 Pyidaungsu Hluttaw Speaker, the reliable evidence shall be submitted to the Pyidaungsu Hluttaw Speaker. He shall not be arrested without prior permission of the Pyidaungsu Hluttaw Speaker.”

The legislative assemblies of the world nations systematically keep their records. They also publish the documents for the public. But the prescriptions regarding the system of record keeping and distribution are different from one another.

In some countries reports, papers and records, published by the parliament are privileged.

And the sub section 1 of the section 68 of 1947 Constitution stated, “no member of the Parliament shall be liable to any proceedings in any Court in respect of publication by or under the authority of a Chamber of the Parliament of any report, paper, votes, or proceedings.”

Laws should be promulgated to keep records of the Pyidaungsu Hluttaw systematically and to publish them for public. The records published by the Pyidaungsu Hluttaw or under its authority should be privileged. Concerning the matter, delegates should discuss whether the following detailed basic principle should be laid down.

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

Based on my study and analysis, I will now present a collection of the detailed basic principle that should be laid down for the legislative functions of the Pyidaungsu Hluttaw included in the chapter “Legislation” of the State Constitution as follows:

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 miximum time limit between one meeting and another should not exceed 12 months”

3. The following tasks shall be carried out at the Pyidaungsu Hluttaw meetings:

(a) Recording the address delivered by the President
(b) Reading out and the 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) Asking questions and replying answers
(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 necessary”

5. “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 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 para (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, 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 out its tasks. 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”

11. “The functions and records of Pyidaungsu Hluttaw shall be published for public informmation. 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 bylaws 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 an Act shall be 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 bylaws, it shall be presumed that the rules, regulations or bylaws 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 bylaws,it shall be decided by the Pyidaungsu Hluttaw.

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

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, cancel and withdraw from them.

15.

(a) Matters that requires decison 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.

(b) When the President after issuing an ordinance 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 ordinance shall contoue to be in force if the Pyidaungsu Hluttaw approves the ordinance.
(iii) The ordinance 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 accordance with the prescribed provisions for decision.

17. “Except the bills that are prescribed by the Constitution to be initiated exclusively in the Pyidaungsu Hluttaw, the bills initaited 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.”

18. “If a need arises to scrutinize the bills, that are to be discussed and approved exclusively at the Pyidaungsu Hluttaw, they are to be scrutinized joointly 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 accordance 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 an Act.

“(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 be become an Act 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 an Act 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 an Act in like manner as if he had signed it on the last date of the said time limit.

22. “The Acts signed by the President and the Acts deemed to have been signed by the President shall be promulgated in the gazette. The Act 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 organization 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 dutiess and functions designated by the constitution or any law

25. “The Union level organizations formed under the Constitution shall submit their general condition, 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 stipulated 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 stipulated 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 law of s of the Pyidaungsu Hluttaw.

(c) However, if the persons mentioned in the above para (a) and para (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 Pyidaungsu Hluttaw Speaker, the reliable evidence shall be submitted to the Pyidaungsu Hluttaw Speaker. 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.”

The delegates should discuss whether the above mentioned paras and sub paras should be laid down as detailed basic principles.