Cases Study
Malayan Law Journal Reports/1966/Volume 2/STEPHEN KALONG NINGKAN v TUN ABANG HAJI OPENG AND TAWI SLI - [1966] 2 MLJ 187 - 7 September 1966
8 pages
[1966] 2 MLJ 187
STEPHEN KALONG NINGKAN v TUN ABANG HAJI OPENG AND TAWI SLI
OCJ
HARLEY AGCJ (BORNEO)
KUCHING CIVIL SUIT NO K 45 OF 1966
7 September 1966
Constitutional Law -- Constitution of the State of Sarawak, Articles 1, 5, 6, 7, 10, 24 and 44 -- Whether Governor has power to dismiss Chief Minister -- Allegation that Chief Minister has ceased to command the confidence of majority in Council Negri -- Lack of confidence may be demonstrated only by vote in Coucil Negri.
Article 6(3) of the Constitution of the State of Sarawak gives power to the Governor to appoint as Chief Minister a member of the Council Negri who in his judgment is likely to command the confidence of a majority of the members of the Council Negri; while Article 7(1) provides that if the Chief Minister ceases to command the confidence of a majority of the members of the Council Negri, then unless at his request the Governor dissolves the Council Negri the Chief Minister shall tender the resignation of the members of the Supreme Council.
On the 16th June 1966, the Governor of Sarawak (the first defendant) received a letter signed by 21 members of the Council Negri to the effect that the writers had no longer any confidence in the plaintiff, their Chief Minister. The Governor thereupon wrote and informed the plaintiff on the 16th June that from representations he had received he was satisfied that the plaintiff had ceased to command the confidence of the Council Negri and invited the plaintiff to resign. The plaintiff in his reply of the 17th June informed the Governor that the Governor's views as to the loss of confidence of the members of the Council Negri in the plaintiff was not supported by the meeting of the Council Negri held on the 14th June and the plaintiff in the same letter requested that he be supplied with the names
8 pages
[1966] 2 MLJ 187
STEPHEN KALONG NINGKAN v TUN ABANG HAJI OPENG AND TAWI SLI
OCJ
HARLEY AGCJ (BORNEO)
KUCHING CIVIL SUIT NO K 45 OF 1966
7 September 1966
Constitutional Law -- Constitution of the State of Sarawak, Articles 1, 5, 6, 7, 10, 24 and 44 -- Whether Governor has power to dismiss Chief Minister -- Allegation that Chief Minister has ceased to command the confidence of majority in Council Negri -- Lack of confidence may be demonstrated only by vote in Coucil Negri.
Article 6(3) of the Constitution of the State of Sarawak gives power to the Governor to appoint as Chief Minister a member of the Council Negri who in his judgment is likely to command the confidence of a majority of the members of the Council Negri; while Article 7(1) provides that if the Chief Minister ceases to command the confidence of a majority of the members of the Council Negri, then unless at his request the Governor dissolves the Council Negri the Chief Minister shall tender the resignation of the members of the Supreme Council.
On the 16th June 1966, the Governor of Sarawak (the first defendant) received a letter signed by 21 members of the Council Negri to the effect that the writers had no longer any confidence in the plaintiff, their Chief Minister. The Governor thereupon wrote and informed the plaintiff on the 16th June that from representations he had received he was satisfied that the plaintiff had ceased to command the confidence of the Council Negri and invited the plaintiff to resign. The plaintiff in his reply of the 17th June informed the Governor that the Governor's views as to the loss of confidence of the members of the Council Negri in the plaintiff was not supported by the meeting of the Council Negri held on the 14th June and the plaintiff in the same letter requested that he be supplied with the names