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

YANGON, 5 Jan— The following is a translation of the proposals submitted to the plenary session of the National Convention by U Thein Kyi of Taungdwingyi Township Constituency-1 regarding the detailed basic principles for legislative functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and Region or State Hluttaw in formulating the State Constitution collectively presented by the six 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— on 3 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

We are in support of the explanations made by Work Committee Chairman regarding to matters that require Pyidaungsu Hluttaw’s decisions, agreement and approval

(a) Matters that require the Pyidaungsu Hluttaw’s decisions, 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 in 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) make a decision to approve it or not.

(ii) fix the ordinance’s expiary date 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.

Concerning the submission, approval and sending of bills, we find the following detailed basic principles appropriate for the Constitution:

“(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 rules.”

“(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.”

“Except the bills that are prescribed by the Constitution to be discussed and decided exclusively at the Pyidaungsu Hluttaw, the bills submitted by the Union level organizations formed under the Constitution, to the Pyidaungsu Hluttaw shall be discussed initially at the Pyithu Hluttaw or the Amyotha Hluttaw according to the prescribed provisions.”

“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 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 accordance with prescribed provisions.”

“If there arises disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning a bill, the bill should be discussed and approved at the Pyidaungsu Hluttaw.”

Moreover, we also find the following detailed basic principles concerning the bills appropriate for the Constitution

“(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 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 become an Act in like manner as if he had signed it on the last of the said 14 days.”

“(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 to the President’s comments.”

“(b) The President shall sign the bill and enact it 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 become an Act in like manner as if he had signed it on the last date of the said time limit.”

“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.”

After studying the clarification made by the Work Committee Chairman concerning the Union level organizations, and the powers and functions of the Speaker, we would like to suggest that the following detailed basic principles should be laid down:

“Members of the organizations representing the Union level organizations formed under the Constitution while attending the Pyidaungsu Hluttaw with the permission of the Speaker shall explain the bills and other matters in connection with their respective organizations.”

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 powers and functions designated by the constitution or any law”

“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.”

As we have come to understand the clarifications made by the Work Committee Chairman in connection with the privileges of the Pyidaungsu Hluttaw members, we agree that the following detailed basic principles should be laid down.

“(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 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.”

“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.”

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