民联霹雳州议会议长西华古玛及霹雳州高级行政议员倪可汉于2009年2月5日在怡保联合发表文告

民联霹雳州议会议长西华古玛及霹雳州高级行政议员倪可汉于今日上午11时30分联合入禀高庭，要求宣判3个州议席即九洞区、美冷区及章吉遮令区悬空，必须举行补选。霹雳州议长已经接受原任州议员许月凤、贾玛鲁丁及奥斯曼的辞职信，霹雳州政府也承认他们已经不再是有关州议席的人民代议士。

我们希望法庭谕令选举委员会承认上述议席出现悬空，必须举行补选；同时，国阵不能够声称拥有多数议席，因为上述3个议席已经宣告悬空。国阵与民联目前同时拥有28个议席。

我们也恳请霹雳州苏丹同意，在目前的霹雳州局势，解散州议会以重新举行选举。

“在出现问题的情况下，最好就是重新寻求人民的委托，作为议会民主程序的一部分。我们不知道为何国阵如此害怕重新寻求人民的委托。”

MEDIA STATEMENT BY V.SIVAKUMAR PERAK STATE ASSEMBLY SPEAKER AND DATO NGEH KOO HAM PERAK STATE SENIOR EXCO MEMBER, 5 FEB 2009

The Speaker of the Perak State Assembly and the Perak State Government will be filling a suit this morning at the Ipoh High Court to declare that the 3 State elected representatives namely Puan Hee Yit Foong, Encik Jamaluddin bin Mohd Radzi, Kapt(B) Mohd Osman bin Mohd. Jailu for Jelapang, Behrang and Changkat Jering are no longer elected representative for the said constituencies respectively. The speaker have already accepted the resignations of the said elected representatives and the state Government also recognizes that they are no longer elected representatives for the said constituencies.

This declaration is sought to compel the Election Commission to recognize that the said 3 seats have fell vacant and by-elections must be called. BN also cannot claim that it has the majority in the State Assembly as The Pakatan Rakyat has 28 members while BN also only 28 members. The position of 3 other elected representatives will now have to be determined by the court.

In view of the hung situation the Speaker and the Perak State Government are in full support of the requests by YAB Menteri Besar that the State Assembly be dissolved. We sincerely hope that HRH the Sultan of Perak will grant the dissolution of the State Assembly as requested.

In situation of doubt, it is best to go back to people to seek a fresh mandate as such practice is an inherent part of parliamentary democracy. We do not know why BN is so fearful of seeking a mandate from the people if it purports to rule with the people’s support.

霹雳州非回教事务委员会近期操作 人民要刻苦忍耐度过难关

（班台5日讯）霹雳州非回教事务委员会经已完成部门设立，将在近期内正式宣布运作，同时也是霹雳州政府第一次正式在法律地位上承认非回教事务委员会，并且将其拨款纳入财政预算案。

霹雳州高级行政议员拿督倪可汉指出，该委员会将会在非回教事务上，协助其他宗教的发展，同时也希望能寻求联邦政府在各宗教、种族之间，给予所有马来西亚公民公平的对待。

倪可汉是在日前出席班台德教会振台阁庆祝创阁暨赠医施药29周年晚宴上致词时这么表示。会上也拨款5000令吉予德教会作为赠医施药的活动基金。当晚出席者包括行政议员倪可敏、拿督倪可汉政治秘书黄渼沄、林宗荣市议员、德教会阁长陈吉源、工委会主席谢来民等。

倪可汉也呼吁所有居民在经济不景气的时刻，要能够刻苦忍耐，因为只有坚定的意志才能度过最困难的时候。当1987年爆发经济风暴的时候，许多大学毕业生包括工程师也只能从事一些简单的技术工作，而在经济转好的时候，再重新就任所学习的专业。

他认为在承受压力的艰苦时候，需要德教会等宗教团体在这方面给予精神上的鼓励和指导，一起共度难关。

从法律角度剖析宪法赋予霹雳州政府发放永久地契的合法性

LEGAL OPINION ON THE CONSTITUTIONALITY OF THE PERAK STATE GOVERNMENT TO PERMIT THE CONVERSION OF LEASEHOLD TITLES INTO FREEHOLD TITLES

1. It is reported in the media on 24-12-2008 that the DPM Datok Seri Najib Bin Tun Razak said that State Governments cannot make decision on land ownership without referring to the National Land Council. According to the press the DPM was commenting on the Perak Government’s proposal to issue title in perpetuity to the New Villages and Kampung Tersusun land.

2. To examine the legal validity of DPM’s comments it would be necessary to refer to the relevant constitutional provisions that govern the relations between the Federation and the States as encapsulated in Part VI of the Federal Constitution. In this connection Article 74 (1) and (2) of the Federal Constitution read as follows:

74(1) Without prejudice to any power to make laws conferred on it by any other Article, Parliament may make laws with respect to any of the matters enumerated in the Federal List or the Concurrent List (that is to say, the First or Third List set out in the Ninth Schedule).

(2) Without prejudice to any power to make laws conferred on it by any other Articles, the Legislature of a State may make laws with respect to any of the matters enumerated in the State List (that is to say, the Second List set out in the Nineth Schedule) or the Concurrent List.

3. It is pertinent to note that “land” falls under the Second List of the 9^th Schedule to the Federal Constitution. Consequently the jurisdiction over land belongs to the State Government.

4. As for the National Land Council its establishment is provided under Article 91 of the Federal Constitution. The composition of the NLC is as follows: a minister as chairman; one representative from each of the States and a maximum of 10 representatives of the Federal Government.

5. The National Land Council appears to have no legislative powers. According to Article 91(5) of the Federal Constitution it shall be the duty of the National Land Council to formulate from time to time in consultation with the Federal Government, the State Governments and the National Finance Council a national policy for the promotion and control of the utilization of land throughout the Federation for mining, agriculture, forestry or any other purpose, and for the administration of any laws relating thereto; and the Federal and State Governments shall follow the policy so formulated.

6. To amend and consolidate the laws relating to inter alia land and land tenure Parliament has enacted the National Land Code (Act 56 of 1965) in pursuance of Article 76(4) of the Federal Constitution (hereinafter called “the NLC”). By virtue of LN 474/1965 the National Land Code came into force in each state on 1-1-1966.

7. On reading Section 76 of the National Land Code and the definition of “alienate” in Section 5 of the NLC (which means “to dispose of State land in perpetuity or for a term of years in consideration of rent and otherwise in accordance with the provisions of Section 76), it is clear that the State Government is empowered under Section 76(aa)(iii) of the NLC and at liberty to implement the aforesaid proposed conversion without the necessity of having to wait for any decision of the National Land Council on the matter as stated by the DPM. The action of the Perak State Government does not contravene any statutory provision. In this connection Section 76(aa) (iii) of the NLC expressly stipulates as follows:

76 “The alienation of State land under this Act shall consist of its disposal by the State Authority:-

(a) for a term not exceeding ninety-nine years;

(aa) in perpetuity –

(iii) where the State Authority is satisfied that there are special circumstances which render it appropriate it to do so”

8. The NLC contains no definition whatsoever on the meaning of “special circumstances” . It would appear from a plain reading of Section 76 (aa)(iii) that Parliament has left to it to the wisdom and discretion of the State Authority to determine the contents of “special circumstances”. It is the satisfaction of the State Authority rather than the National Land Council that is of paramount importance; it is for the State Authority to decide whether the alienation of the State land should in a given situation be in perpetuity or a leasehold. In other words the body that is duly vested with powers to decide whether a leasehold or freehold title should be issued is a State Authority and not the National Land Council.

9. There is no statutory provision in the Federal Constitution or the NLC which prohibits the above conversion exercise by the Perak State Government. There is no need for the Perak State Government to wait for any decision by the National Land Council on the matter.

10. In the absence of any legal impediment the Perak State Government can lawfully proceed to implement the proposed conversion of leasehold title into title inperpetuity and ignore the opinion of the DPM which is devoid of any statutory support. The opinion of the DPM that “Perak cannot implement this until decision is made by the Council is at best misconceived; in the words of Shakespeare it is “Much Ado AboutNothing”. It is a pity that the BN Government is still obstructive rather than supportive of the said visionary exercise by the Pakatan Rakyat which the BN Government failed to do anything despite 51 years of rule.

Dated this 24^th December, 2008

Dato’ Ngeh Koo Ham

霹雳州政府发放抚恤金 倪可汉: 关怀每个州子民福利

倪可汉（右）移交州政府的抚恤金予长巴意外死者家属，左起玛莉沙、刘梅桂、陈家先、卢宝金、林征财、陈清莲和杨祖强。

（实兆远23日讯）　霹雳州政府发放各1500令吉的抚恤金予曼绒县6名，乘坐往新加坡长途巴士意外翻覆死亡的家属，州高级行政议员拿督倪可汉联同曼绒市议员杨祖强、林征财、陈家先、黄渼沄及州福利局官员玛莉沙，在实兆远区州议员服务中心移交抚恤金予班台曾嘉仪、黄亚华和黄秀雯的关属陈清莲，邦咯岛何莉莉的家属卢宝金与实兆远傅炳结的妻子刘梅桂说，民联政府关怀每个州子民的福利。

他说，该交通意外的10死18伤者都会获得州政府的援助，除给予每名死者家属各1500令吉外，重伤者将获1000令吉，而轻伤者则发给500令吉，州政府将在警方、医院及伤者提呈资料核查后发出援助金。