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Speaker can recall assembly, sultan's consent not needed

I have been asked to advise whether the speaker of the Perak Legislative Assembly was entitled in law to convene the assembly on March 3, 2009. Ultimately, the issue turns on whether the last meeting of the assembly in November 2008 was prorogued (“di-berhentikan”) or adjourned (“di-tangguhkan”).

If it was prorogued, only the Perak sultan can summon the assembly: if it was adjourned, then the speaker can convene. According to my instructions, what was adjourned sine die in November 2008, was the third sitting of the first session of the 12th Legislative Assembly. This opinion is written on that factual basis.


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