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The Constitution Amendment Bill 2004 to amend the State List to empower the Federal Government to take over the water  jurisdiction from the state governments improper and unconstitutional if no State Assembly in Peninsula Malaysia  had requested for the amendment as required by Article 75(1)(c) of Malaysian Constitution   Media Statement by Lim Kit Siang (Parliament House, Tuesday): The Minister in the Prime Minister’s Department, Datuk Radzi Sheikh Ahmad should admit that he had made a mistake during the first reading of the Constitution Amendment Bill  2004 in the Dewan Rakyat today and name the State Assemblies in Peninsula Malaysia which had requested for the constitutional amendments to the State List to empower the Federal Government to take over the water jurisdiction from the state governments.  During the first reading of the Constitution Amendment Bill today, I had asked Radzi whether any State Assembly in the affected states in Peninsula Malaysia had requested for the constitutional amendment as required under the Constitution, and whether the Bill had received the consent of the Conference of Rulers.  Radzi brushed aside  the question, stating that it was irrelevant to the Constitution Amendment Bill.  Radzi cannot be more  wrong.  Article 75(1) of the Federal Constitution stipulates three circumstances where Parliamernt can amend the State List in Schedule Nine of the Federal Constitution, viz:  “ 75(1) Parliament may make laws with respect to any matter enumerated in the State List, but only as follows, that is to say:  (a)   for the purpose of implementing any treaty, agreement or convention between the Federation and any other country, or any decision of an international organization of which the Federation is a member; or (b)   For the purpose of promoting uniformity of the laws of two or more States; or (c)   If so requested by the Legislative Assembly of any State.” As the provisions of Article 75(1) (a) and (b) do not apply here, the question whether any State Assembly in Peninsula Malaysia had requested for the amendment to the State List with regard to water is not only very relevant, but critical and crucial to the constitutionality of the Constitution Amendment Bill 2004.  The Constitution Amendment Bill 2004 to amend the State List to empower the Federal Government to take over the water  jurisdiction from the state governments would be most improper and unconstitutional if  no State Assembly in Peninsula Malaysia  had requested for the amendment as required by Article 75(1)©.   The same argument applies to the constitutional amendment to amend the State List on preservation of heritage.   As far as I know, no State Assembly in Peninsula Malaysia has requested Parliament for constitutional amendments to the State List empowering the Federal Government to take over the water and heritage jurisdictions from the state governments.   The third item in the Constitution Amendment Bill 2004 increases the age of retirement of a judge from 65 years to 66 years.  According to the explanatory note of the Bill, this is “consistent with the increase in the age of compulsory retirement of public officers by one year”.   The government has asked for a two-day special sitting of Parliament in mid-January for the Constitution Amendment Bill.   Although the Constitution Amendment Bill deals with three matters, they have far-reaching and even complex implications, and to do justice, at least four days should be set aside for MPs to debate the first Constitution Amendment Bill under the premiership of Datuk Seri Abdullah Ahmad Badawi. (14/12/2004) * Lim Kit Siang, Parliamentary Opposition Leader, MP for Ipoh Timur & DAP Central Policy and Strategic Planning Commission Chairman