Mr Chairman,

The President in proclaiming the ordinance should transfer the State power to the Commander-in-Chief of the Defence Services to restore the national situation to normal soon and to act as necessary. In some countries the State power is transferred to the Commander-in-Chief of the Defence Services in a state of emergency. By doing so, insurgency and violence can be crushed in time. And only then will the nation be able to restore peace and stability and prevent against the loss of sovereignty.

The Commander- in-Chief will be empowered to exercise all the powers and functions of the President, the Vice-President, members of the Union Government, members of the governments of Regions and States and the Self-Administered Areas beginning from the date the State power is transferred to the Commander-in-Chief of the Defence Services automatically. To make things clearer, the detailed basic principle saying that the aforesaid bodies at all levels are terminated from their duties beginning from the date the State power is transferred to the Commander-in-Chief of the Defence Services. But it is suggested that the President who transfers the State power to the Commander-in-Chief of the Defence Services and the Vice-Presidents should continue to remain in their same official position without being terminated from active duty.

Mr Chairman,

After the State power has been transferred to the Commander-in-Chief of the Defence Services with the approval of the National Defence and Security Council, he will have the power to enact necessary laws for the nation.

The period for the Commander-in-Chief of the Defence Services to exercise the State power is fixed at one year beginning from the date of the transfer. If the national peace and stability is restored to normal during the one year, the Commander-in-Chief of the Defence Services will transfer the State power back to the President who had entrusted the State power to him. If the term of the respective Hluttaws is not ended yet when the Commander-in-Chief of the Defence Services transfers back the State power to the President, those Hluttaws should carry out the legislative functions till the end of the term. But if their term are ended, those Hluttaws are automatically dissolved.

When the President transfers the State power to the Commander-in-Chief, the latter will have enact necessary laws. The situation will be confusing if the respective Hluttaws also have the power to enact laws. Hence, the President should cease the power to enact laws of those Hluttaws at the time when the President has empowered the Commander-in-Chief to exercise the State power.

Hence, discussions are to be held and suggestions to be made whether the following detailed basic principle should be adopted or not.

“9. (a) In declaring a state of emergency under paragraph 8, the President shall declare the transfer of legislative, executive and judicial powers to the Commander-in-Chief to enable the latter to take necessary measures in order to restore the nation to normalcy. It shall be deemed that all the Hluttaws and leading bodies beginning from the date of declaration shall cease all their legislative functions. It shall be also deemed that when the term of the respective Hluttaws ended they are automatically dissolved.

“(b) Notwithstanding anything contained in the Constitution, all the members of the organizations and members of the leading bodies of the Self-Administered Division or Self-Administered Zone, except from the President and Vice-President, assigned with the approval of the Hluttaws in accord with the Constitution are terminated from their duties beginning from the date the State power is transferred to the Commander-in-Chief.”

Mr Chairman,

When the President entrusts the State power to the Commander-in-Chief in accord with paragraph (9), as the situation becomes impossible for the local administrative bodies to carry out the administrative and judicial functions, the Commander-in-Chief should strive to exercise the State power empowered to him to restore the national security and stability and community peace back to normal soonest. Only then will he be able to save the nation from the cause of the loss her independence and sovereignty again.

There should be a detailed basic principle saying that the Commander-in-Chief can empower a suitable organization or a persons to exercise the three organs of the State power on behalf of him.

Throughout history every time Myanmar faced the cause of the loss of independence and disintegration of the Union, the Tatmadaw had always saved the nation assuming the State power. Hence, a detailed basic principle “when there arises a state of emergency that could cause disintegration of the Union, disintegration of national solidarity and loss of national sovereignty, due to take over of sovereign State power or attempts therefor by wrongful forcible means such as insurgency or violence, the Defence Services Commander-in-Chief has the right to take over and exercise State power in accord with provisions of the State Constitution.” has been adopted. It is opined that another detailed basic principle that is in conformity with the said detailed basic principle should also be laid down.

As regards the exercising of the legislative, executive and judicial powers by the Commander-in-Chief who has been empowered to do so, discussions are to be held and suggestions to be made whether the following detailed basic principle should be adopted or not.

“10. The Commander-in-Chief of the Defence Services who have been transferred the State power shall have the power to exercise the legislative, executive and judicial powers. The Commander-in-Chief of the Defence Services The shall exercise the legislative power by himself or shall form an organization with his own participation to exercise the legislative power. He shall empower a suitable organization or a suitable person to exercise the executive and judicial powers.”

Mr Chairman,

It has already been explained the restriction of a provision or provisions of the fundamental rights of citizens of an area as soon as the President declares a state of emergency in the said area. Similarly the Commander-in-Chief, as he is going to strive to the best of his ability to restore national peace and stability and safeguard sovereignty can have the power to restrict a provision or provisions concerning the fundamental rights of citizens. Only then will he be able to end disturbances soonest and create a peaceful situation. The fact should be laid down as a detailed basic principle. Concerning the restriction of fundamental rights of citizens during a state of emergency, discussions are to be held and suggestions to be made whether the following detailed basic principle should be adopted or not.

“11. The Commander-in-Chief of the Defence Services during the declaration of a state of emergency shall restrict or terminate a provision or more than one provision of the fundamental rights of citizens, as necessary.”

Mr Chairman,

It has already been explained the detailed basic principle to be laid down for the President in proclaiming a state of emergency in normal circumstances. Concerning the matters to approve the transfer of State power to the Commander-in-Chief, the method to obtain approval, the method to obtain approval when the Hluttaw is in session and the Hluttaw is not in session, the matter to be presented by Commander-in-Chief to the President if the former cannot complete the duties empowered to him by the President in the stipulated time, whether the President has the power to extend the period, and the length of time for extension should be laid down as a detailed basic principle.

So, the acts of the President concerning the transfer of power to the Commander-in-Chief by him should be in accord with the Constitution, and the Commander-in-Chief will have to do for the accomplishment his task in exercising the State power during the fixed period in accord with the Constitution. If there is a firm reason that the matter cannot be accomplished in the specified time, the period should be extended. A detailed basic principle should be laid down to fix the length of time for the extension each time.

The President should submit the matter concerning the empowerment of State power to the Commander-in-Chief at the Pyidaungsu Hluttaw if it is in session and convene an emergency session of the Pyidaungsu Hluttaw to the present the matter if the Pyidaungsu Hluttaw is not in session. For the matter concerning the extension of the period, he should onvene an emergency session to submit the matter to the Pyidaungsu Hluttaw. But the approval of the Pyidaungsu Hluttaw is not enough. As it is a matter of transferring the State power, it is assumed that it will be appropriate only if the President submits a separate report concerning the matter.

Hence, concerning the report and extension of period in transferring the State power, discussions are to be held and suggestions to be made whether the following detailed basic principle should be adopted or not:

“12. The President hall:

“(a) proclaim a state of emergency according to the paragraphs 8 and 9 and shall submit the matter concerning the transfer of State power to the Commander-in-Chief of he Defence Services to the Pyidaungsu Hluttaw if the Pyidaungsu Hluttaw is in session, and shall convene an emergency session of the Pyidaungsu Hluttaw if the Pyidaungsu Hluttaw is not in session to submit the matter.

“(b) normally extend the period to six months at a time for two terms if the Commander-in-Chief of the Defence Services presents submission giving resonable fact to him to extend the period if the Commander-in-Chief of the Defence Services has not yet accomplished his duties assigned to him. Concerning he matter, the Pyidaungsu Hluttaw emergency session shall be called.”

Mr Chairman,

The Commander-in-Chief of the Defence Services after accomplishing the functions empowered to him by the President should forward a report concerning his accomplished asks to the President. The President after receiving the report will have to revoke the ordinance to transfer State power to the Commanderin-Chief of the Defence Services. But the period in which the Commander-in-Chief of the Defence Services present the report will be in the term of the Pyidaungsu Hluttaw or after the end of the term of the Pyidaungsu Hluttaw. There should be detailed basic principles concerning the date to revoke the ordinance if the term of the Pyidaungsu Hluttaw is not ended yet, and the date to revoke it if the term of the Pyidaungsu Hluttaw is ended. There will be no constitutional disputes in the future only if the said dates to revoke the ordinance are fixed precisely.

Concerning the matter, discussions are to be held and suggestions to be made whether the following detailed basic principle should be adopted or not:

“13. The resident shall, after receiving the report of the Commander-in-Chief of the Defence Services concerning the completion of the duties assigned to him, annul the order empowering the State power to the Commander-in-Chief of the Defence Services in accord with the paragraph 9 on the date of his submission after convening the Pyidaungsu Hluttaw if the term of the Pyidaungsu Hluttaw is not ended yet, or on the date he receives it from the Commander-in-Chief if the term of the Pyidaungsu Hluttaw is ended.”

Mr Chairman,

Explanation will be made the functions of the President after he has revoked the ordinance to declare a state of emergency because of the danger that threatens the very existence of independence and sovereignty.

As all the ministers of the Union Government and members of the leading bodies of Regions and States and Self-Administered Division and Self-Administered Zones, except from the President and Vice-Presidents, are terminated from their duties beginning from the date the State power is transferred to the Commander-in-Chief.

When the Commander-in-Chief submits the report on his completion of the functions, the President shall annul the order suspending legislative functions of all Hluttaws and leading bodies and should invest in them the legislative function, their original duty.

In accord with the sub-paragraph (b) of the paragraph 9, all the members of the organizations and members of the leading bodies of the Self-Administered Division or Self-Administered Zones, except from the President and Vice- President, assigned with the accent of the hluttaws in accord with the Constitution are terminated from their duties. Hence, the President will have to re-constitute all the levels of the State administrative machinery in accord with the Constitution.

Hence, discussions are to be held and suggestions to be made whether the following detailed basic principle should be adopted or not:

“14. The President shall, after receiving the report of the Commander-in-Chief of the Defence Services in accord with the paragraph 13, revoke he suspension of legislative functions of all the Hluttaws and leading bodies if the term of the Hluttaw has not ended yet. The President shall assign duties to the new Constitutional executive and judicial bodies in accord with the Constitution. The bodies shall discharge duties only for the remaining period of the term of the Hluttaw.”

Mr Chairman,

Hluttaws exist only during their term. According to the sub-paragraph (a), paragraph 9, the Hluttaws after the end of their tenure automatically ceases to exist. Although the term of the of the Hluttaws has ended, the Commanderin-Chief will exercise the three organs of power in accord with the Constitution. Here, an organization to help him and safeguard the nation is required.

Mr Chairman,

Detailed basic principles on sharing of the executive and judicial powers that were adopted at the Plenary Session of the National Convention held on 12 December 2005 concerning the powers and functions of the President as follows:

“To be able to discharge the duties assigned in accord with the Constitution or any of the law, the National Defence and Security Council led by the President shall be formed with the following persons:

1. President ;

2. Vice-President;

3. Vice-President ;

4. Speaker of the Pyithu Hluttaw;

5. Speaker of the Amyotha Hluttaw;

6. Commander-in-Chief of Defence Services;

7. Deputy Commander-in-Chief of Defence Services;

8. Minister for Defence;

9. Minister for Foreign Affairs;

10. Minister for Home Affairs;

11. Minister for Border Affairs.”

The National Defence and Security Council should be empowered to safeguard the nation and help the Commander-in-Chief. The Commander-in-Chief in exercising the State power will have to consult with the NDSC to achieve greater success in his functions. In addition to the President and the Vice-Presidents, the Speaker elected by the Pyithu Hluttaw and the Speaker elected by the Amyotha Hluttaw also should be members in the NDSC. Even though the terms of Hluttaws have ended, the President, the Vice- Presidents, the Speaker elected by the Pyithu Hluttaw and the Speaker elected by the Amyotha Hluttaw should stay in power till the new President, the new Vice-Presidents, the new Speaker of the Pyithu Hluttaw and the new Speaker of the Amyotha Hluttaw have been elected in accord with the Constitution.

So, discussions are to be held and suggestions to be made whether the following detailed basic principle should be adopted or not:

“15. Even though the term of the Pyidaungsu Hluttaw has ended the President, the Vice-Presidents, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw shall remain in their positions till the new President, the new Vice-Presidents, the new Speaker of the Pyithu Hluttaw and the new Speaker of the Amyotha Hluttaw have been elected in accord with the Constitution.”

Mr Chairman,

In accord with the paragraph 12 (b), “The President shall normally extend the period to six months at a time for two terms if the Commander-in-Chief of Defence Services presents a submission together with reasonable ground to him to extend the period if the Commander-in-Chief of Defence Services has not yet accomplished his task empowered to him. Concerning the matter, the Pyidaungsu Hluttaw emergency session shall be called.”

It has already been explained that the duty to safeguard the nation should be vested in the NDSC after the end of the Pyidaungsu Hluttaw term. If the Commander-in-Chief ask to extend the period of martial law as he has not completed the functions yet after the end of the Hluttaw term, the NDSC should give the green light.

Concerning the matter, discussions are to be held and suggestions to be made whether the following detailed basic principle should be adopted or not:

“16. The National Defence and Security Council shall normally extend the period to six months at a time for two terms if the Commander-in-Chief of the Defence Services presents a reasonable submission to extend the period as the Commander-in-Chief of the Defence Services has not yet accomplished his duty assigned to him.”

Mr Chairman,

If the Commander-in-Chief submits the report on completion of his functions in accord with the paragraphs 8 and 9 to the NDSC, the NDSC should annul the order to empower the Commander-in-Chief to exercise State power in accord with the paragraph 9.

As regards the matter, discussions are to be held and suggestions to be made the delegates should discuss whether the following detailed basic principle should be adopted or not:

“17. In connection with the matter of transferring the State power to the Commander-in- Chief by the President after declaring a state of emergency, the National Defence and Security Council shall, after receiving the report on the completion of the functions of the Commander-in-Chief, shall declare to annul the order empowering the Commander-in- Chief to exercise State power in accord with the paragraph 9.”

Mr Chairman,

The President after annulling the order to empower Commander-in-Chief to exercise the State power will have to a general election during the fixed period beginning from the date he abrogates the order. A new President should be elected in accord with the Constitution. The President should form the National Defence and Security Council and should and empower it to exercise the State power during the interim period when the new President has not been elected yet.

The legislative, executive and judicial sectors of the State will be able to run as usual only if the NDSC heads the nation during the interim period. And only then will the nation be able to enjoy peace, stability and progress. Of the three organs of powers, the legislative power is the highest. Hence, it should be exercised only by the NDSC.

To be in conformity with the above detailed basic principles, the NDSC should empower a suitable organization or a suitable person to exercise the executive and judicial powers at Union, Region, State, Self-Administered Division and Self-Administered Zone levels during the interim period.

Hence, discussions are to be held and suggestions to be made whether the following detailed basic principle should be adopted or not.

“18. The National Defence and Security Council shall:

“(a) exercise the legislative power, executive power and judicial power before the Hluttaws are formed in accord with the Constitution.

“(b) have the right to exercise the State power till the time a new President has been elected and Union level organizations formed in accord with the provisions contained in the Constitution. In so doing, the National Defence and Security Council shall exercise the legislative power by itself. The National Defence and Security Council shall empower a suitable organization or a suitable person to exercise the executive and judicial powers at Union, Region, State, Self-Administered Division and Self- Administered Zone levels.”

Mr Chairman,

In exercising the State power, the NDSC should form administrative bodies at different levels, leading bodies of Self-Administered Division and Self-Administered Zones and Union Election Commission with suitable persons whose qualifications meet the stipulations contained the Constitution and assign duties to them to run the State machinery as usual. As the terms of the members of the Region and State Hluttaws who are also the members of the leading bodies of the Self-Administered Division and Self- Administered Zones have ended, the NDSC fills the posts with persons whose qualifications meet the prescriptions contained in the Constitution.

Hence, discussions are to be held and suggestions to be made whether the following detailed basic principle should be adopted or not.

“19. The National Defence and Security Council shall form the constitutional bodies at different levels, leading bodies of Self-Administered Division and Self-Administered Zones and Union Election Commission with suitable persons whose qualifications meet the stipulations contained in the Constitution and assign duties to them.”

Mr Chairman,

It will be necessary to form the leading bodies of the Regions, States, Self-Administered Division and Self-Administered Zones in accord with the provisions of the Constitution. The only method to do so is to make preparations to hold a general election. The period to hold the general election should begin from the date the order to transfer State power to the Commander-in-Chief is annulled. If the time limit is too long there can be delays in implementing the provisions of the Constitution and if the time limit is too short there can be a shortage of time in making preparations to hold a general election. Hence, it will be appropriate if the period is fixed at six months.

Hence, discussions are to be held and suggestions to be made whether the following detailed basic principle should be adopted or not.

“20. The National Defence and Security Council shall hold a general election in accord with the provisions of the Constitution within a period of six months beginning from the date on which the order is annulled in accord with the paragraph 17.”

Mr Chairman,

To run the State administrative machinery normally, the NDSC will form the bodies included on the paragraph 19 and assign duties to them. There should be a precise period from the bodies to discharge their duties. They should continue their functions till legislative, executive and judicial bodies have been formed according to the Constitution after the elections.

In connection with the matter, discussions are to be held and suggestions to be made whether the following detailed basic principles should be adopted or not.

“21. The bodies formed according to the paragraph 19 shall continue to carry out their functions till legislative, executive and judicial bodies have been formed according to the Constitution after the general election.”

Mr Chairman,

The President will have to head the NDSC to exercise the State power provisionally. As the Head of State is the President, the NDSC is exercising the sovereign power of the State on behalf of the President.

Hence, discussions are to be held and suggestions to be made whether the following detailed basic principle should be adopted or not:

“22. The National Defence and Security Council shall exercise the State power in the name of the President.”

Mr Chairman,

If a state of emergency is declared because of the situation that is endangering the national defence and security and the rule of law in some parts or the hole of the nation, a foreign military intrusion, or worsening political, economic and social conditions of the nation, the President should empower the suitable administrative bodies and civil bodies to exercise the executive and judicial functions on behalf of him during the emergency rule. Similarly, the Commander-in-Chief while provisionally exercising the State power will have to entrust the executive and judicial functions to the military organizations, civil administrative bodies and civil bodies.

The NDSC while exercising the State power will have to form administrative and judicial bodies as stated in the paragraph 18. Military and civil bodies and military and civil staff will have to discharge their duties.

The main duty of those military and civil bodies is to restore the national stability, community peace and the rule of law. As they are serving the nation not in a peaceful and stable environment, they can face many difficulties. As they will have to do their duties at the risk of their lives, they should be protected by the Constitution.

During period of the declaration of a state of emergency or during the time the Commander-in-Chief is provisionally exercising the State power or during the time the NDSC is provisionally exercising the State power, the measures taken by the military bodies and the civil administrative bodies and the military and civil personnel on behalf of the President or the Commander-in-Chief or the NDSC should be legitimate. There should be a detailed basic principle concerning the matter.

Hence, discussions are to be held and suggestiosn to be made whether the following detailed basic principle should be adopted or not.

“23. During the time a state of emergency has been declared, the measures taken officially by a local administrative body or a member of the body, or a civil body or a member of the body, or a military body or a member of the body, formed in order to take measures to restore security, stability, community peace and the rule of law soon on behalf of the President or during the period the Commander-in-Chief is exercising the State power or during the period the National Defence and Security Council is exercising the State power, shall be legitimate. No legal action shall be taken against them for those legitimate measures.”

Mr Chairman,

It has already been explained the detailed basic principles that should be adopted for the Chapter “A State of Emergency”. The collection of all the detailed basic principles is presented as follows:

“1. If the President learns that the administrative functions cannot be carried out in accord with the Constitution in a Region or a State or a Union territory or a Self-Administered Area, he shall, after coordinating with National Defence and Security Council, issue order having the force of law to declare a state of emergency.”

“2. In the matters concerning the declaration of a state of emergence in accord with the paragraph 1, the President shall have the power to:

(a) exercise the executive power of the Region or State or Self-Administered Area concerned. Moreover, he shall form a suitable organization and entrust the executive power to an organization concerned, or to a suitable person.

“(b) In doing so, out of the legislative matters of the respective Regions and States and the Self-Administered Areas, the President shall have the power to exercise the legislative power concerning the executive affairs. But the legislative power shall not be entrusted to any organization or any person.”

3. (a) when there arises or there is sufficient reason to occur a state of emergency endangering life and property of the people in a Region or a State or a Self-Administered Area or in any part of them, the President after consulting with the National Defence and Security Council may issue an order having the force of law to declare a state of emergency. “(b) If not all the members of the National Defence and Security Council can attend the meeting in which the President consults with the National Defence and Security Council as prescribed in the above paragraph (a), the President may, after coordinating with the Commander-in-Chief of Defence Services, the Deputy Commander-in-Chief of the Defence Services, the Minister of Defence and the Minister of Home Affairs who are the members, declare a state of emergency in time. The declaration shall be submitted to the National Defence and Security Council soonest for approval.”

“4. In connection with the declaration of a state of emergency in accord with the paragraph 3, the President shall: “(a) take the assistance of the Tatmadaw to ensure local administrative bodies and members, and civil bodies and members to effectively carry out their functions in accord with the existing laws in order to swiftly restore the situation of an area where a state of emergency has been declared.

“(b) issue martial law order. In doing so, the President shall prescribe in the martial law order the administrative powers and functions and judicial powers and functions concerning community peace and the rule of law entrusted to the Commander-in-Chief of the Defence Services. The Commander-in-Chief of the Defence Services shall exercise the powers and functions or empower them to a suitable military administrative official.”

“5. The President when issues an ordinance having the force of law and declares a state of emergency, shall:

“(a) specify the area covered by the ordinance and the duration.

“(b) if necessary, restrict or revoke one or more provisions of the fundamental rights of the citizens residing in the area affected by a state of emergency declaration.”

“6. The President from the date of the promulgation shall present the measures taken in accord with the paragraphs 1 and 2 and the measures taken in accord with the paragraphs 3 and 4:

“(a) to the nearest Pyidaungsu Hluttaw session within 60 days for approval.

“(b) shall cause to convene a special session of the Pyidaungsu Hluttaw for approval, if the Pyidaungsu Hluttaw has not any schedule to hold a session within 60 days.”

“7. (a) If the Pyidaungsu Hluttaw session approves the submission of the President concerning the matters prescribed in the paragraph 6, the ordinance having the force of law shall be still in force till the fixed time and date.

“(b) In addition to the approval, if the period of the ordinance is extended, the ordinance having the force of law shall be still in force till the extended time and date.

“(c) The ordinance shall cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw session.”

“8. When there arises or there is sufficient reason to arise a state of emergency that may cause disintegration of the Union, disintegration of national solidarity and loss of national sovereignty, due to take over of sovereign State power or attempts by wrongful forcible means such as insurgency or violence, the President after consulting with the National Defence and Security Council shall proclaim an ordinance and shall declare a state of emergency. The proclamation shall stipulate that the area that the ordinance is in force is the entire nation and that its duration is one year from the date it is proclaimed.”

“9. (a) In declaring a state of emergency under paragraph 8, the President shall declare the transfer of legislative, executive and judicial powers to the Commander-in-Chief to enable the latter to take necessary measures in order to restore the nation to normalcy. It shall be deemed that all the Hluttaws and leading bodies beginning from the date of declaration shall cease all their legislative functions. It shall be also deemed that when the term of the respective Hluttaws ended they are automatically dissolved.

“(b) Notwithstanding anything contained in the Constitution, all the members of the organizations and members of the leading bodies of the Self-Administered Division or Self-Administered Zones, except from the President and Vice President, assigned with the approval of the Hluttaws in accord with the Constitution are terminated from their duties beginning from the date the State power is transferred to the Commander-in-Chief.”

“10. The Commander-in-Chief of the Defence Services who has been transferred the State power shall have the power to exercise the legislative, executive and judicial powers. The Commander-in-Chief of the Defence Services shall exercise the legislative power by himself or shall form an organization with his own participation to exercise the legislative power. He shall empower a suitable organization or a suitable person to exercise the executive and judicial powers.”

“11. The Commander-in-Chief of the Defence Services during the declaration of a state of emergency shall restrict or terminate a provision or more than one provision of the fundamental rights of citizens, as necessary.”

“12. The President shall:

“(a) proclaim a state of emergency according to the paragraphs 8 and 9 and shall submit the matter concerning the transfer of State power to the Commander-in-Chief of the Defence Services to the Pyidaungsu Hluttaw if the Pyidaungsu Hluttaw is in session, and shall convene an emergency session of the Pyidaungsu Hluttaw if the Pyidaungsu Hluttaw is not in session to submit the matter.

“(b) normally extend the period to six months at a time for two terms if the Commander-in-Chief of the Defence Services presents a submission giving reasonable fact to him to extend the period if the Commander-in-Chief of the Defence Services has not yet accomplished his duties assigned to him. Concerning the matter, the Pyidaungsu Hluttaw emergency session shall be called.”

“13. The President shall, after receiving the report of the Commander-in-Chief of the Defence Services concerning the completion of the duties assigned to him, annul the order empowering the State power to the Commander-in-Chief of the Defence Services in accord with the paragraph 9 on the date of his submission after convening the Pyidaungsu Hluttaw if the term of the Pyidaungsu Hluttaw is not ended yet, or on the date he receives it from the Commanderin- Chief if the term of the Pyidaungsu Hluttaw is ended.”

“14. The President shall, after receiving the report of the Commander-in-Chief of the Defence Services in accord with the paragraph 13, revoke the suspension of legislative functions of all the Hluttaws and leading bodies if the term of the Hluttaw has not ended yet. The President shall assign duties to the new Constitutional executive and judicial bodies in accord with the Constitution. The bodies shall discharge duties only for the remaining period of the term of the Hluttaw.”

“15. Even though the term of the Pyidaungsu Hluttaw has ended the President, the Vice-Presidents, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw shall remain in their positions till the new President, the new Vice Presidents, the new Speaker of the Pyithu Hluttaw and the new Speaker of the Amyotha Hluttaw have been elected in accord with the Constitution.”

“16. The National Defence and Security Council shall normally extend the period to six months at a time for two terms if the Commander-in-Chief of the Defence Services presents a reasonable submission to extend the period as the Commander-in-Chief of the Defence Services has not yet accomplished his duty assigned to him.”

“17. In connection with the matter of transferring the State power to the Commander-in-Chief by the President after declaring a state of emergency, the National Defence and Security Council shall, after receiving the report on the completion of the functions of the Commander-in-Chief shall, declare to annul the order empowering the Commander-in- Chief to exercise State power in accord with the paragraph 9.”

“18. The National Defence and Security Council shall:

“(a) exercise the legislative power, executive power and judicial power before the Hluttaws are formed in accord with the Constitution

“(b) have the right to exercise the State power till the time a new President has been elected and Union level organizations formed in accord with the provisions contained in the Constitution. In so doing, the National Defence and Security Council shall exercise the legislative power by itself. The National Defence and Security Council shall empower a suitable organization or a suitable person to exercise the executive and judicial powers at Union, Region, State, Self-Administered Division and Self-Administered Zone levels.”

“19. The National Defence and Security Council shall form the constitutional administrative bodies at different levels, leading bodies of Self-Administered Division and Self-Administered Zone and Union Election Commission with suitable persons whose qualifications meet the stipulations contained in the Constitution and assign duties to them.”

“20. The National Defence and Security Council shall hold a general election in accord with the provisions of the Constitution within a period of six months beginning from the date on which the order is annulled in accord with the paragraph 17.”

“21.The bodies formed according to the paragraph 19 shall continue to carry out their functions till legislative, executive and judicial bodies have been formed according to the Constitution after the general election.”

“22. The National Defence and Security Council shall exercise the State power in the name of the President.”

“23. During the time a state of emergency has been declared, the measures taken officially by a local administrative body or a member of the body, or a civil body or a member of the body, or a military body or a member of the body, formed in order to take measures to restore security, stability, community peace and the rule of law soon on behalf of the President or during the period the Commander-in-Chief is exercising the State power or during the period the National Defence and Security Council is exercising the State power, shall be legitimate. No legal action shall be taken against them for those legitimate measures.”

Mr Chairman,

It has already been explained the detailed basic principles that should be adopted for the Chapter “A State of Emergency”. The collection of all the detailed basic principles is presented as follows:

“1. If the President learns that the administrative functions cannot be carried out in accord with the Constitution in a Region or a State or a Union territory or a Self-Administered Area, he shall, after coordinating with National Defence and Security Council, issue order having the force of law to declare a state of emergency.”

“2. In the matters concerning the declaration of a state of emergence in accord with the paragraph 1, the President shall have the power to:

(a) exercise the executive power of the Region or State or Self-Administered Area concerned. Moreover, he shall form a suitable organization and entrust the executive power to an organization concerned, or to a suitable person.

“(b) In doing so, out of the legislative matters of the respective Regions and States and the Self-Administered Areas, the President shall have the power to exercise the legislative power concerning the executive affairs. But the legislative power shall not be entrusted to any organization or any person.”

3. (a) when there arises or there is sufficient reason to occur a state of emergency endangering life and property of the people in a Region or a State or a Self-Administered Area or in any part of them, the President after consulting with the National Defence and Security Council may issue an order having the force of law to declare a state of emergency. “(b) If not all the members of the National Defence and Security Council can attend the meeting in which the President consults with the National Defence and Security Council as prescribed in the above paragraph (a), the President may, after coordinating with the Commander-in-Chief of Defence Services, the Deputy Commander-in-Chief of the Defence Services, the Minister of Defence and the Minister of Home Affairs who are the members, declare a state of emergency in time. The declaration shall be submitted to the National Defence and Security Council soonest for approval.”

“4. In connection with the declaration of a state of emergency in accord with the paragraph 3, the President shall: “(a) take the assistance of the Tatmadaw to ensure local administrative bodies and members, and civil bodies and members to effectively carry out their functions in accord with the existing laws in order to swiftly restore the situation of an area where a state of emergency has been declared.

“(b) issue martial law order. In doing so, the President shall prescribe in the martial law order the administrative powers and functions and judicial powers and functions concerning community peace and the rule of law entrusted to the Commander-in-Chief of the Defence Services. The Commander-in-Chief of the Defence Services shall exercise the powers and functions or empower them to a suitable military administrative official.”

“5. The President when issues an ordinance having the force of law and declares a state of emergency, shall:

“(a) specify the area covered by the ordinance and the duration.

“(b) if necessary, restrict or revoke one or more provisions of the fundamental rights of the citizens residing in the area affected by a state of emergency declaration.”

“6. The President from the date of the promulgation shall present the measures taken in accord with the paragraphs 1 and 2 and the measures taken in accord with the paragraphs 3 and 4:

“(a) to the nearest Pyidaungsu Hluttaw session within 60 days for approval.

“(b) shall cause to convene a special session of the Pyidaungsu Hluttaw for approval, if the Pyidaungsu Hluttaw has not any schedule to hold a session within 60 days.”

“7. (a) If the Pyidaungsu Hluttaw session approves the submission of the President concerning the matters prescribed in the paragraph 6, the ordinance having the force of law shall be still in force till the fixed time and date.

“(b) In addition to the approval, if the period of the ordinance is extended, the ordinance having the force of law shall be still in force till the extended time and date.

“(c) The ordinance shall cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw session.”

“8. When there arises or there is sufficient reason to arise a state of emergency that may cause disintegration of the Union, disintegration of national solidarity and loss of national sovereignty, due to take over of sovereign State power or attempts by wrongful forcible means such as insurgency or violence, the President after consulting with the National Defence and Security Council shall proclaim an ordinance and shall declare a state of emergency. The proclamation shall stipulate that the area that the ordinance is in force is the entire nation and that its duration is one year from the date it is proclaimed.”

“9. (a) In declaring a state of emergency under paragraph 8, the President shall declare the transfer of legislative, executive and judicial powers to the Commander-in-Chief to enable the latter to take necessary measures in order to restore the nation to normalcy. It shall be deemed that all the Hluttaws and leading bodies beginning from the date of declaration shall cease all their legislative functions. It shall be also deemed that when the term of the respective Hluttaws ended they are automatically dissolved.

“(b) Notwithstanding anything contained in the Constitution, all the members of the organizations and members of the leading bodies of the Self-Administered Division or Self-Administered Zones, except from the President and Vice President, assigned with the approval of the Hluttaws in accord with the Constitution are terminated from their duties beginning from the date the State power is transferred to the Commander-in-Chief.”

“10. The Commander-in-Chief of the Defence Services who has been transferred the State power shall have the power to exercise the legislative, executive and judicial powers. The Commander-in-Chief of the Defence Services shall exercise the legislative power by himself or shall form an organization with his own participation to exercise the legislative power. He shall empower a suitable organization or a suitable person to exercise the executive and judicial powers.”

“11. The Commander-in-Chief of the Defence Services during the declaration of a state of emergency shall restrict or terminate a provision or more than one provision of the fundamental rights of citizens, as necessary.”

“12. The President shall:

“(a) proclaim a state of emergency according to the paragraphs 8 and 9 and shall submit the matter concerning the transfer of State power to the Commander-in-Chief of the Defence Services to the Pyidaungsu Hluttaw if the Pyidaungsu Hluttaw is in session, and shall convene an emergency session of the Pyidaungsu Hluttaw if the Pyidaungsu Hluttaw is not in session to submit the matter.

“(b) normally extend the period to six months at a time for two terms if the Commander-in-Chief of the Defence Services presents a submission giving reasonable fact to him to extend the period if the Commander-in-Chief of the Defence Services has not yet accomplished his duties assigned to him. Concerning the matter, the Pyidaungsu Hluttaw emergency session shall be called.”

“13. The President shall, after receiving the report of the Commander-in-Chief of the Defence Services concerning the completion of the duties assigned to him, annul the order empowering the State power to the Commander-in-Chief of the Defence Services in accord with the paragraph 9 on the date of his submission after convening the Pyidaungsu Hluttaw if the term of the Pyidaungsu Hluttaw is not ended yet, or on the date he receives it from the Commanderin- Chief if the term of the Pyidaungsu Hluttaw is ended.”

“14. The President shall, after receiving the report of the Commander-in-Chief of the Defence Services in accord with the paragraph 13, revoke the suspension of legislative functions of all the Hluttaws and leading bodies if the term of the Hluttaw has not ended yet. The President shall assign duties to the new Constitutional executive and judicial bodies in accord with the Constitution. The bodies shall discharge duties only for the remaining period of the term of the Hluttaw.”

“15. Even though the term of the Pyidaungsu Hluttaw has ended the President, the Vice-Presidents, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw shall remain in their positions till the new President, the new Vice Presidents, the new Speaker of the Pyithu Hluttaw and the new Speaker of the Amyotha Hluttaw have been elected in accord with the Constitution.”

“16. The National Defence and Security Council shall normally extend the period to six months at a time for two terms if the Commander-in-Chief of the Defence Services presents a reasonable submission to extend the period as the Commander-in-Chief of the Defence Services has not yet accomplished his duty assigned to him.”

“17. In connection with the matter of transferring the State power to the Commander-in-Chief by the President after declaring a state of emergency, the National Defence and Security Council shall, after receiving the report on the completion of the functions of the Commander-in-Chief shall, declare to annul the order empowering the Commander-in- Chief to exercise State power in accord with the paragraph 9.”

“18. The National Defence and Security Council shall:

“(a) exercise the legislative power, executive power and judicial power before the Hluttaws are formed in accord with the Constitution

“(b) have the right to exercise the State power till the time a new President has been elected and Union level organizations formed in accord with the provisions contained in the Constitution. In so doing, the National Defence and Security Council shall exercise the legislative power by itself. The National Defence and Security Council shall empower a suitable organization or a suitable person to exercise the executive and judicial powers at Union, Region, State, Self-Administered Division and Self-Administered Zone levels.”

“19. The National Defence and Security Council shall form the constitutional administrative bodies at different levels, leading bodies of Self-Administered Division and Self-Administered Zone and Union Election Commission with suitable persons whose qualifications meet the stipulations contained in the Constitution and assign duties to them.”

“20. The National Defence and Security Council shall hold a general election in accord with the provisions of the Constitution within a period of six months beginning from the date on which the order is annulled in accord with the paragraph 17.”

“21.The bodies formed according to the paragraph 19 shall continue to carry out their functions till legislative, executive and judicial bodies have been formed according to the Constitution after the general election.”

“22. The National Defence and Security Council shall exercise the State power in the name of the President.”

“23. During the time a state of emergency has been declared, the measures taken officially by a local administrative body or a member of the body, or a civil body or a member of the body, or a military body or a member of the body, formed in order to take measures to restore security, stability, community peace and the rule of law soon on behalf of the President or during the period the Commander-in-Chief is exercising the State power or during the period the National Defence and Security Council is exercising the State power, shall be legitimate. No legal action shall be taken against them for those legitimate measures.”