Tuesday, February 10, 2009

Undated Signed Resignation Letter/ 未志期的辞职信

Undated signed resignation letter by YB has become crucial in Perak PR government.

The question now is that whether the letter is legally binding or not although there is precedent where the court ruled that it is not binding?

I personally signed such undated resignation twice. The first occasion was at the height of the co-operative deposit crisis, where MCA under Tun Dr Ling, wanted all MCA YBs to sign the undated resignation letter. All MCA members must be prepared to resign as YB should the government refused to accept a dollar to a dollar formula as proposed by MCA then to resolve the deposit co-operative fiasco.

The MCA YBs didn’t exercise this right as the government accepted the proposal.

The 2nd letter I signed was when Dato’ Seri Ong Ka Ting become the President and all MCA wakil rakyats had to sign another undated resignation letter. This was in preparation for any event that requires the President to exercise this right.

Political party should discontinue this practice.

Since undated resignation letter can be challenged in court, political party have to devise another mechanism to compel its YB to toe the line.

In Malaysia, almost all BN candidates are holding some posts in the party. They should have been evaluated before being selected as candidate in General Election. There is no foolproof evaluation.

I have seen many good leaders who changed after becoming a YB. That may explain why most YBs do not last more than 2 terms.

Often, it was its own party members or the voters who reject them. Some YB becomes a different person when they are appointed to serve government posts, where there, they enjoyed more perks and trapping of power. This did get into the head of some YBs and they lost their bearing.

You just don’t believe your eyes that it is the same person you know before their appointment. No wonder when they face the voters, they are rejected.

Meanwhile, at this point of time, a PAS MP passed away because of heart attack. Another PR Kedah ADUN resigned as ADUN.

There will be soon another by-election, on in Perak and Kedah.

Politicians from both the political divide will be busy again and politicking will be in the air.

预签未志期的议员辞职信,在霹雳州已成为关键文件。

问题是,这封辞职信是否受法律约束?法庭曾有先例,裁定未志期的信件其实没有法律效应。

我个人曾签署两封类似的信件。第一封,正置马化合作社出现存款危机。当时的马华总会长敦林良实医生向政府献策以一元对一元的方程式来解决这场危机,并指示所有马华议员事先签署一封未志期的辞职信,准备在政府拒绝有关献议后,集体总辞。

政府最后接受建议,该信件也没有生效。

另外,当拿督斯里黄家定出任马华总会长时,也指示全体马华代议士签署未志期的辞职信,以让总会长在必要时行使其权力。

我认为,政党应该停止指示议员签署未志期函件的做法。

由于未志期辞职信的合法性可被挑战,政党应该实行另一机制来促使其议员必须服从不得抗命。

在马来西亚,几乎所有国阵候选人都持有党职。这些人被选为候选人之前应该接受评估。惟目前并没有一套完整、全面的评估机制。

我亲眼见证许多好领袖,当上议员后就变了。这说明为何一些议员的寿命仅止于两届。他们往往是被自家的党员或选民否决。

一些议员被委任官职后,获得权力、威望带来的好处后,简直判若两人,利欲熏心导致他们失去方向。你简直不敢置信这是你认识那个人。

随着一名回教党国会议员病逝,以及一名公正党州议员呈辞,霹雳州和吉打州将各有一场补选。各阵营的政党又得忙碌了…

7 comments:

jimmy teh said...

Undated signed resignation letters should be recognised as they were submitted by the elected rep as a loyalty to the party. When they jumpship, why the fuss over these signed document? You are telling the RAKYAT that you have turned a deaf ear to what you have promised before election. Can you still serve the same constituent and meet the same people under a different banner? You do not have a mandate from them. They have been betrayed by your greed and thirst for self interest and power. Resign and a by-election is the appropriate thing to do.

Pan Zer said...

Undated resignation letter works only if a letter of authority or an agreement to date is simultaneosly entered into.

Example : A YB can sign an undated letter of resignation (which operates in escrow), and at the same time, sign an agreement/letter of authority to date, authorising the bearer of such letter to date and deliver the undated resignation letter to the Speaker of the Assembly/Parliament upon the happening of an event/contingency (for example, resignation from party membership).

An undated resignation letter only fails or is ultra vires the constitution if it prevents the YB from exercising its right to associate and/or disassociate. However, it cannot be a contravention of the constitution if an agreement or authority is granted by the YB for good and valuable consideration to date and deliver that resignation letter (which was executed in escrow) to a predetermined addressee. The undated resignation can also pre-empt a subsequent withdrawal of the letter of resignation by providing that "notwithstanding any subsequent withdrawal (or attempt thereof), this letter of resignation shall prevail and shall have full force and effect".

呉 和豪 said...

YB Dato Seri Dr.Chua Soi Lek


“我个人曾签署两封类似的信件。第一封,正置马化合作社出现存款危机。当时的马华总会长敦林良实医生向政府献策以一元对一元的方程式来解决这场危机,并指示所有马华议员事先签署一封未志期的辞职信,准备在政府拒绝有关献议后,集体总辞。
政府最后接受建议,该信件也没有生效。”
这证明前马华总会长敦林良实医生及当时的马华议员是有勇气,有担当的。

Mr&Mrs GanesanVeloo said...

Dear Dato I did go thru your profile but as a politician you should have dignity and pride to be a Malaysian Responsible citizen.
I suggest that earn your pride thru helping the needs, that will keep you high up and you could put that into your profile.Meantime each and everyone speaks to you but in heart they would have this tiny remarks.Clear them first.

Mike said...

Actually the rakyat don’t care so much about the undated resignation letter. If Ah Long can do to an average citizen that what is that so different with the state assemblymen. Their contracts are with the rakyat. If they betray the rakyat’s trust they should resign without a doubt and let the rakyat decide whom they want to replace. This is the democratic / responsible way of governing.


As expected the two corrupted leaders court case was postponed. The final outcome pretty much doesn’t required a rocket scientist to figure out. After dragging the case for 6 months may be to a year or so, it will be closed quietly – evidence not enough lah. bla…bla … bla…


Where are the transparences all keep talking about… As Lim S P said you think the rakyat are stupid ……..

The by election will be a memorandum by the rakyat. Whom ever said otherwise is just plane outright lying…

Low said...

Not too sure is the same kind of "Updated Signed Resignation Letter" is being practise elsewhere in the world? BUT definitely not a good practise. Supposingly there shold be amendment made to enforce YB to resign and call for new election if he decided to "jump" within the short period after he/she was elected.

jimmy teh said...

I don't know if this is widely practised around the world. But where Malaysia is concern, it is esp in the business circle. This is the assurance and security between the two parties. If you decide not to sign these letters, then the deal cannot go through. That simple. No regret after that.

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