Conventions in Malaysia

Between King and PM

Most constitutional convention of the Westminster
Parliament apply in Malaysia

Article 40(2) allows the Yang Di-Pertuan Agong

to act in his discretion on four matters.
The Prime Minister also has an exclusive right
of audience with the Yang Di-Pertuan Agong.

Between PM and Cabinet

It is accepted politically that PM must be a
Malay even though not required by law.
Creation of Deputy of PM is entirely
conventional.
The frequency of cabinet meetings, the
appointment of cabinet committees, the
establishment of such advisory bodies as the
National Economic Action Council are all
based on conventional prerogatives of the
PM.

Cabinet ministers are chosen in such a way

that all states of the federation are
represented in the cabinet.
It is generally agreed that the Prime Minister
is not bound by the advice of the cabinet and
can present his colleagues with a fait
accompli
e.g. Anthony Eden's unilateral decision to
invade Egypt over the Suez crisis.

The procedure for the passing of Bills is based partly

on constitutional requirements in Articles 66, 68, 38(4),
159, and 161E and partly on the internal rules
(Standing Orders) and conventions of the Houses.
The allocation of time to the opposition during question
time and debate; the giving of a separate office and
staff to the Leader of the Opposition; and the
representation of the opposition on parliamentary
committees is entirely conventional.
The great tradition of Question Time in the two Houses
and the establishment of House Committees is entirely
conventional.
Unlike the UK, our Ministers and Deputy Ministers
answer questions and participate in debates even in
the House to which they do not belong.

Other Conventions

The Constitution talks of "Malays" and "Natives of

Sabah and Sarawak". But we have created a
conventional category of "Bumiputras". Likewise
the description of Bahasa Melayu as Bahasa
Malaysia is purely conventional.
In Sabah and Sarawak, when Governors and
Chief Ministers are appointed, efforts are made to
ensure that one is a Malay and the other a nonMalay native. As Penang is a non-Malay majority
state, the Barisan Nasional traditionally appoints
a non-Malay to be Chief Minister and a Malay to
be his Deputy.

At international level, Malaysia is a member

of United Nation.
But still, Malaysia does not ratify certain
conventions.
For example, Malaysia does not ratify 1951
Refugee Convention and its 1967 Protocol.
But in the meantime, Malaysia has opened its
door to refugees
The PM gave his commitment to accept
about 3,000 Syrian refugees in the next 3
years in his speech at UN General Assembly.