The planned emergency meeting by 24 central committee (CC) members of MCA Youth to determine the legality of a recent extraordinary general meeting (EGM) is ultra vires and invalid, said its legal bureau today.

Bureau chief Lim Seng Chai advised the 24 to call off the meeting scheduled on this Thursday, explaining that the CC is a subordinate body formed to carry out the executive function but not to question any decision of the annual general assembly (AGM).

"Any question of legality or illegality should be decided by an AGM," Lim told the press after chairing the bureau meeting this morning which was attended by 14 of its 20 members.

Last week, the 24 MCA Youth CC members directed its secretary-general Yew Teong Look to convene an emergency meeting at Wisma MCA, Kuala Lumpur, on July 12, "to discuss and determine the legality of the June 23 MCA Youth EGM" which had opposed the party's takeover of Nanyang Press Holdings. Yew was asked to issue the notice immediately.

Coup d'etat

Lim said it was clear that the agenda of meeting is not to interpret the MCA Constitution and MCA Youth bye-laws, but solely to discuss the very act or conduct of an AGM.

"Any attempt to conduct the meeting scheduled on July 12 shall be an act of usurpation of the power of an AGM or to seize or take over the AGM which may amount to a coup d'etat ," stressed Lim.

He further said the decision and interpretation of the EGM on June 23 as to its legality is binding and conclusive on the secretary-general and requisitioners.

"The requisition, notice and the agenda are invalid, therefore any meeting held shall be invalid," he said, and that whatever decision they make would be invalid as well.

He explained that the legal bureau is not stopping the CC from discussing the legality of the EGM but is advising the members to suggest that in the agenda of the coming AGM scheduled in August.

"I am sure our delegates are mature enough to make the right decision," he said, adding it is up to the CC whether to accept the bureau's advice or not.

Act of disrespect

Apart from this, Lim added that Yew, acting as secretary-general, had on July 3 issued a notice calling for the meeting without consulting the chairperson, Ong Tee Keat.

"Failure to consult with the chairman prior to the issuance of the notice is an act of disrespect and contempt to the chair. Further, it is a usurpation of the power of the chairperson (who is) elected by the delegates," explained Lim.

Quoting Article 43 of the MCA Constitution, Lim said the CC shall meet at least once every two months or at any time directed by the president or requisitioned by at least one-third of the CC members.

However, having read the requisition by the 24 members, he found that it is in fact a mandatory directive rather than a requisition or request for a meeting.

An overwhelming number of delegates at the MCA Youth EGM had backed a resolution to oppose the party's controversial takeover of Nanyang Press.

The meeting was boycotted by 27 of the 46 CC members, including deputy chairperson Hoo Seong Chang, vice-chairperson Loh Seng Kok and Yew, who argued that the meeting was unconstitutional.

The EGM also passed a no-confidence vote against Yew, who was widely criticised for failing to perform his duty to send out the notices of the meeting as instructed by Ong.