State Assembly passes Sarawak Ombudsman Bill, 2023

THE State Legislative Assembly unanimously passed the Sarawak Ombudsman Bill, 2023 on Monday, the first state to have such a law.

The bill was earlier tabled by Deputy Premier Datuk Amar Awang Tengah Ali Hasan.

When winding up the debates on the Bill, Awang Tengah assured Padungan assemblyman Chong Chieng Jen that the definition of “public service agency” under Clause 2 of the Bill is all encompassing wherein all the GLCs including SFS Inc comes under the limb of government agencies; public service agency that carries public services functions under the State; and any office including its officers, employees, servants, representatives and agents where emoluments are derived from the State revenues, whether wholly or partly.

“Therefore, GLCs are not left out from the application of this law,” he said.

On the appointment of the Ombudsman by the Head of State, Awang Tengah said it is to ensure the impartiality and the independence of the Ombudsman as opposed to the proposal by Chong.

“However, I wish to point out that Article 10 of the State Constitution provides that Yang di-Pertua Negeri (TYT) shall act in accordance with the advice of the Majlis Mesyuarat Kerajaan Negeri or of a member thereof acting under the general authority of the Majlis,” he said.

On the issue raised with regards to Clauses 34(2) and 35 on the right to remain silent and power of arrest, he clarified that the procedures in clauses 34 and 35 are meant for investigation of offences under the Ordinance, it is not investigation of a complaint.

“These clauses are similar to the provisions in the Criminal Procedure Code especially Section 112 for the principle against self-incrimination. This principle is of universal application practised all over the world,” he said.

On the issue of the exclusion under the Second Schedule of the Bill, he said references are made to Ombudsman laws in Sweden, Norway, New Zealand, British Columbia (Canada), Hong Kong, Australia, New South Wales, Philippines, among others wherein they also do not subject the Kings, Members of Parliament, under the jurisdiction of their Ombudsman.

“Furthermore, they are not public servants as there are other laws that govern them such as MACC Act, Penal Code, etc,” he said.

Apart from that, he said the Reports of the activities of Ombudsman and on the investigation will be fully published and to be laid before the Sarawak State Legislative Assembly (DUN) including any finding, recommendation and opinion of the Ombudsman.

“Also a Special Select Committee may be appointed upon a motion made under Standing Order to consider any matter arising from the report. Unlike the Public Account Committee (PAC), the report made by the Ombudsman has legal force,” he said.

He also expressed his appreciation to Ba’ Kelalan assemblyman Baru Bian who gave his full support to the Bill and had commended the drafting of the Bill as ‘well-crafted’.

Twenty-two members of the august House debated on and supported the Bill.