Established-1914
| Sunday, 2 September 2007 | THE MYANMAR TIMES |
Senior General Than Shwe congratulates Turkish President
Nay Pyi Taw, 31 Aug - Senior General
Than Shwe, Chairman of the State Peace and Development Council of the Union of
Myanmar, has sent a message of congratulations to His Excellency Mr Abdullah Gul
on his election as the President of the Republic of Turkey.
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Senior General Than Shwe felicitates President of Uzbekistan
Nay Pyi Taw, 1 Sept - Senior General
Than Shwe, Chairman of the State Peace and Development Council of the Union of
Myanmar, has sent a message of felicitations to His Excellency Mr Islam
Abduganievich Karimov, President of the Republic of Uzbekistan, on the occasion
of the Independence Day of the Republic of Uzbekistan which falls on 1 September
2007.
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Senior General Than Shwe sends message of felicitations to Libya
Nay Pyi Taw, 1 Sept - Senior General
Than Shwe, Chairman of the State Peace and Development Council of the Union of
Myanmar, has sent a message of felicitations to His Excellency Colonel Muammar
Al-Gadafi, Leader of the Great Socialist People's Libyan Arab Jamahiriya, on the
occasion of the Revolution Day of the Great Socialist People's Libyan Arab
Jamahiriya which falls on 1 September 2007.
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National Convention continues Fundamental Principles and Detailed
Basic Principles adopted by NC read out
Yangon, 31 Aug - The Plenary Session of
the National Convention continued at Pyidaungsu Hall in Nyaunghnapin Camp,
Hmawby Township, Yangon Division, at 9 am today.
The Panel of Chairmen presented the
Fundamental Principles and Detailed Basic Principles adopted by National
Convention.
The Chairman and members of the
National Convention Convening Work Committee and members of the Panel of
Chairman of the National Convention signed in the book of records.
Present on the occasion were National
Convention Convening Commission Chairman State Peace and Development Council
Secretary-1 Lt-Gen Thein Sein and members, National Convention Convening Work
Committee Chairman Chief Justice U Aung Toe and members, National Convention
Convening Management Committee Chairman Auditor-General Maj-Gen Lun Maung and
members, chairmen and officials of sub-committees, delegates of political
parties such as National Unity Party, Union Pa-O National Organization, Shan
State Kokang Democratic Party, Mro (or) Khami National Solidarity Organization,
Lahu National Development Party, Union Kayin League, Kokang Democracy and Unity
Party and Wa National Development Party, representatives-elect of National Unity
Party and Mro (or) Khami National Solidarity Organization, independent
representatives, delegates of national races from Kachin, Kayah, Kayin, Chin,
Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing,
Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of
peasants from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan
(North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay,
Yangon and Ayeyawady Divisions, delegates of workers from Kachin, Kayah, Kayin,
Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing,
Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of
intellectuals and intelligentsia, delegates of State Service Personnel from the
State Peace and Development Council Office, the President Office, the Pyithu
Hluttaw Office, the Government Office, the Supreme Court, the Attorney-General's
Office, the Auditor-General's Office, the Multi-party Democracy General Election
Commission Office, the Civil Service Selection and Training Board, the Yangon
City Development Committee, the Mandalay City Development Committee and the
State service personnel of the respective ministries, other invited delegates,
delegates from Shan State (North) Special Region-1, Shan State (North) Special
Region-2, Shan State (North) Special Region-3, Shan State (East) Special
Region-4, Shan State (North) Special Region-5 (KDA), Shan State (South) Special
Region-6, Kachin State Special Region-1, Kachin State Special Region-2, Kayah
State Special Region-1, Kayah State Special Region-2, Kayah State Special
Region-3, Kayinni National Democratic Party (KNDP) (Dragon) Group, Kayinni
National Progressive Party (KNPP) Breakaway (Hoya), Kayinni National Unity and
Solidarity Organization (Ka Ma Sa Nya), Democratic Kayin Buddhist Organization (DKBA)
and Haungthayaw Special Region Group who have returned to the legal fold,
Nyeinchanyay Myothit Group from Hpa-an Township of Kayin State, Burma Communist
Party (Rakhine Group), Arakan Army (AA), Homein Region Development and Welfare
Group, Shwepyi-aye (MTA), Manpan People's Militia Group, Mon Peace Group (Chaungchi
Region) and Mon (Breakaway) Nai Saik Chan Group that had exchanged arms for
peace. At 7.30 am, before the plenary session of the National Convention,
members of the National Convention Convening Commission, members of the National
Convention Convening Work Committee, members of the National Convention
Convening Management Committee, chairmen of the respective subcommittees and
members, delegates of political parties, representatives-elect, delegates of
national races, delegates of peasants, delegates of intellectuals and
intelligentsia delegates of workers, delegates of service personnel and other
invited delegates signed in the attendance books at Pyidaungsu Hall and the
recreation hall for National Convention delegates. At the plenary session, U Tin
Kha of Delegate Group of State Service Personnel presided over the meeting
together with U Myo Thant (Maung Hsu Shin) of NCC Work Committee, U Saw Philip
(a) U Philip Sam of Delegate Group of Political Parties, U Maung Gyi of Delegate
Group of Representatives-Elect, U Maung Hla (a) U Hla Myint of Delegate Group of
National Races, U Kan Nyunt of Delegate Group of Peasants, U Kyaw Win Tun of
Delegate Group of Workers, Dr Maung Maung Wint of Delegate Group of
Intellectuals and Intelligentsia and Dr Manan Tu Ja of Delegate Group of Other
Invited Persons as members of the panel of chairmen.
Director U Than Aung of the NCC Work
Committee Office acted as MC and Deputy Director U Aung Kyi as co-MC. The MC
declared the start of the meeting with the permission of the chairman as 1058
out of 1071 delegates were in attendance, accounting for 98.79 per cent.
The Panel of Chairmen presented the
Fundamental Principles and Detailed Basic Principles adopted by National
Convention. First, U Maung Hla (a) U Hla Myint of Delegate Group of National
Races read out detailed basic principles regarding sharing of the judicial power
in the chapter Judiciary, and the chapters the Tatmadaw, Citizenship,
Fundamental Rights and Duties of Citizens.
(The presentation will be published.)
Next, U Kan Nyunt of Delegate Group of
Peasants read out detailed basic principles regarding the chapters Election' and
Political Parties'. The Plenary Session took a break at 9.45 am.
(The presentation will be published.)
When the Plenary Session of the
National Convention resumed at 10 am, U Kyaw Win Tun of Delegate Group of
Workers read out the detailed basic principles regarding the chapters Provisions
on State of Emergency', Amendment of the Constitution' and State Flag, State
Seal, National Anthem and the Capital' and Dr Maung Maung Wint of the Delegate
Group of Intellectuals and Intelligentsia read out detailed basic principles
regarding the chapters Transitory Provisions' and General Provisions'.
(The presentation will be published.)
Afterwards, Alternate Chairman of the
Plenary Session of the National Convention U Tin Kha of Delegate Group of State
Service Personnel made concluding remarks and the plenary session took a break
at 10.45 am.
When the Plenary Session of the
National Convention resumed at 11 am, members of the panel of chairmen, on
behalf of all the delegates to the National Convention, and Chairman of NCCWC
Chief Justice U Aung Toe and members of NCCWC, on behalf of NCCC, NCCWC and
NCCMC, signed in the book of records of the compilation of fundamental
principles and detailed basic principles adopted by the National Convention.
Next, the book of records was presented
to Alternate Chairman of the Plenary Session of the National Convention U Tin
Kha of Delegate Group of State Service Personnel. The Plenary Session of the
National Convention was adjourned at 11.55 am.
The Plenary Session of the National
Convention continues on 3 September (Monday) at 9 am at the Pyidaungsu Hall.
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The head of the Supreme Court of the Union shall be called Chief
Justice of the Union
Yangon, 31 Aug - The Panel of Chairmen
of the Plenary Session of the National Convention presented Fundamental
Principles and Detailed Basic Principles adopted by the National Convention in
drafting the State Constitution to the Plenary Session of the National
Convention. The following is detailed basic principles regarding Formation of
Judiciary in the chapter Judiciary' read out by U Maung Gyi of Delegate Group of
Representatives-elect.
Chapter (VI)
Judiciary
Formation of Judiciary
1. In connection with the distribution
of judicial powers of the State,
The judicial power of the State is
distributed,
(a) in accordance with the State
Constitution or by other Laws, among the Supreme Court of the Union, High Courts
of the Regions, High Courts of the States, Courts of the self-administered
divisions, Courts of the self-administered zones, District Courts, Township
Courts, other courts constituted by law and judges appointed in accordance with
law.
(b) in accordance with the State
Constitution or by other laws, among Courts Martial,
(c) in accordance with the State
Constitution, to the Constitutional Tribunal.
Constitution of the Supreme Court of
the Union
2. In connection with the constitution
of the Supreme Court of the Union,
(a) In the State is constituted one
Supreme Court of the Union. The Supreme Court of the Union is the supreme law
court of the State which shall not affect judicial powers vested in the
Constitutional Tribunal and Courts Martial.
(b) (1) The head of the Supreme Court
of the Union shall be called Chief Justice of the Union;
(2) in the Supreme Court of the Union,
judges of the Supreme Court of the Union including the Chief Justice of the
Union shall be appointed from a minimum number of seven to maximum 11.
(c) (1) The President of the State
shall submit the nomination of the person suitable to be appointed as the Chief
Justice of the Union to the Pyidaungsu Hluttaw and seek the approval of it;
(2) Pyidaungsu Hluttaw shall not have
the right to reject the person nominated by the President for appointment of the
Chief Justice of the Union unless it can clearly prove that the person do not
meet the qualifications for the post prescribed in the Constitution;
(3) The President of the State has the
right to submit again the list furnished with new name replacing the one who has
not been approved by Pyidaungsu Hluttaw for the appointment of the Chief Justice
of the Union;
(4) The President of the State shall
appoint the person who has been approved by Pyidaungsu Hluttaw as the Chief
Justice of the Union.
(d) (1) The President of the State, in
consultation with the Chief Justice of the Union, shall submit the nomination of
persons suitable to be appointed as the Judges of the Supreme Court of the Union
to the Pyidaungsu Hluttaw and seek the approval of it;
(2) Pyidaungsu Hluttaw has no right to
reject persons nominated by the President of the State for the appointment of
Judges of the Supreme Court of the Union unless it can prove clearly the persons
concerned do not possess the qualifications prescribed for Judges of the Supreme
Court of the Union in the Constitution;
(3) The President of the State has the
right to submit again the list furnished with new name replacing the one who has
not been approved by Pyidaungsu Hluttaw for the appointment of a Judge of the
Supreme Court of the Union;
(4) The President of the State shall
appoint the persons approved by Pyidaungsu Hluttaw as Judges of the Supreme
Court of the Union.
Qualifications of the Chief Justice of
the Union and Judges of the Supreme Court of the Union
3. In connection with qualifications of
the Chief Justice of the Union and Judges of the Supreme Court of the Union,
The Chief Justice of the Union and
Judges of the Supreme Court of the Union shall
(a) be not younger than 50 years and
not older than 70;
(b) possess qualifications, except for
age limit, prescribed for Hluttaw representative;
(c) (1) have been for at least five
years as a judge of the High Court of a region of state, or
(2) have been a judicial officer or law
officer for at least ten years not lower than region or state level, or
(3) have been an advocate of a High
Court of at least 20 years' standings;
(4) have been assumed by the President
to be a legal expert of prominent reputation.
(d) be loyal to the State and the
citizenry;
(e) not be a member of a political
party;
(f) not be a Hluttaw representative.
Impeachment of the Chief Justice of the
Union or Judges of the Supreme Court of the Union
4. In connection with the powers to be
vested in the President of the State,
(a) The President of the State shall
impeach the Chief Justice of the Union or a Judge of the Supreme Court of the
Union for any of the following reasons,
(1) treason,
(2) violation of any of the provisions
in the Constitution,
(3) misconduct,
(4) being disqualified for the post of
the Chief Justice of the Union or a Judge of the Supreme Court of the Union
under the Constitution,
(5) inefficient discharge of duties
assigned to him in accord with the law.
(b) If it is desired to impeach the
Chief Justice of the Union or a Judge of the Supreme Court of the Union, the
President of the State shall submit the charge to the Nayaka of the Pyidaungsu
Hluttaw.
(c) The Nayaka of the Pyidaungsu
Hluttaw shall form an investigation commission and cause the charge to be
investigated according to law.
(d) In forming the investigation
commission, equal number of representatives of the Pyithu Hluttaw and Amyotha
Hluttaw shall be included and a suitable person out of the commission members
shall be appointed as chairman of the investigation commission.
(e) The term pending the completion of
the investigation shall be determined depending on the magnitude of the charge.
(f) The President of the State may
explain the charge made by him before the investigation commission personally or
through a representative. He has the right to submit evidence and witnesses.
(g) The person thus charged shall have
the right to appear or to be represented at the investigation of the charge and
be given the chance to refute it.
(h) The Nayaka of the Pyidaungsu
Hluttaw shall report to the Pyidaungsu Hluttaw the findings of the investigation
commission.
(i) If a decision is passed, supported
by two-thirds of the total membership of the Pyidaungsu Hluttaw, declaring that
the charge has been substantiated and that the Chief Justice of the Union or a
Judge of the Supreme Court of the Union thus charged is such as to render him
unfit to continue in office, the Nayaka of the Pyidaungsu Hluttaw shall report
the decision to the President of the State.
(j) The President of the State then
proceed to remove the Chief Justice of the Union or a Judge of the Supreme Court
of the Union who has been impeached.
(k) If the Pyidaungsu Hluttaw decides
that the charge has been refuted, the Nayaka of the Pyidaungsu Hluttaw shall
report the decision to the President of the State.
5. In connection with the impeachment
of the Chief Justice of the Union or a Judge of the Supreme Court of the Union,
(a) The Chief Justice of the Union or a
Judge of the Supreme Court of the Union shall be impeached for any of the
following:
(1) breach of allegiance to the State,
(2) violation of any of the provisions
in the Constitution,
(3) moral turpitude,
(4) being disqualified for the post of
the Chief Justice of the Union or a Judge of the Supreme Court of the Union
under the Constitution
(5) inefficient discharge of duties
assigned to him in accord with the law.
(b) If it is desired to impeach the
Chief Justice of the Union or a Judge of the Supreme Court of the Union, it
shall be done so in accord with the provisions of the Constitution regarding the
impeachment of the President or Vice President of the State.
(c) However, if the Hluttaw concerned
submits report that the charge has been substantiated and the offence, the
subject of the charge, is such as to render the Chief Justice of the Union or a
Judge of the Supreme Court of the Union unfit to continue in office, the
President of the State shall proceed to proclaim the removal of the Chief
Justice of the Union or a Judge of the Supreme Court of the Union.
(d) If the Hluttaw concerned decides
that the charge has been refuted, the Okkahta of the Hluttaw concerned shall
report the decision to the President of the State.
The term of the Chief Justice of the
Union and Judges of the Supreme Court of the Union
6. In connection with the term of
office of the Chief Justice of the Union and Judges of the Supreme Court of the
Union,
The chief Justice of the Union and
Judges of the Supreme Court of the Union are to hold office up to the age of 70
unless asked to resign by the President of the State or removed from office, or
until one of the following occurs:
(a) resignation of own accord;
(b) being removed from office after
impeachment in accordance with the provisions of the Constitution;
(c) permanent disability due to either
physical or mental defects shown by medical board of examinations prescribed by
law, or any other cause rendering them unfit to carry on duties;
(d) death.
7. In connection with the Chief Justice
of the Union or Judges of the Supreme Court of the Union having to be free from
party politics and retiring from civil service,
(a) the Chief Justice of the Union and
Judges of the Supreme Court of the Union must by free from party politics;
(b) the Chief Justice of the Union or
Judges of the Supreme Court of the Union, if he happens to be a civil servant,
must be deemed to have retired from civil service, in accord with existing
service regulations from the date of appointment as the Chief Justice of the
Union or Judges of the Supreme Court of the Union.
8. In connection with duties, rights
and privileges of the Chief Justice of the Union or Judges of the Supreme Court
of the Union,
duties, rights and privileges of the
Chief Justice of the Union or Judges of the Supreme Court of the Union shall be
prescribed by law.
9. In connection with the status of the
Chief Justice of the Union or Judges of the Supreme Court of the Union,
- the Chief Justice of the Union is
prescribed to be of the same status as the Vice-President and Judges of the
Supreme Court of the Union are prescribed to be of the same status as Union
Ministers, for the purpose of reference in prescribing by law duties, rights and
privileges of the Chief Justice of the Union or Judges of the Supreme Court of
the Union.
Formation of High Courts of Region or
State
10. In connection with formation of
High Courts of Region or State,
(a) there is a High Court of the Region
in every Region, and a High Court of the State in every State.
(b) (1) the leader of High Court of the
Region or High Court of the State shall be known as Chief Justice of the High
Court of the Region or Chief Justice of the High Court of the State.
(2) In a High Court of the Region or
High Court of the State, a minimum of three and a maximum of seven Judges of the
High Court of the Region or the High Court of the State, inclusive of Chief
Justice of the High Court of the Region or Chief Justice of the High Court of
the State, may be appointed.
(c) (1) the President of the State, in
coordination with the Chief Justice of the Union and the Chief Minister of the
Region or State concerned, shall prepare a nomination of the Chief Justice of
the High Court of Region or State, and the Chief Minister of the Region or State
concerned, in coordination with the Chief Justice of the Union. shall prepare a
nomination of the Judges of the High Court of the Region or State concerned, and
they shall send them to the Region or State Hluttaw concerned.
(2) Region or State Hluttaw concerned
shall not have the right to reject the person nominated by the President of the
State in coordination with the Chief Justice of the Union and the Chief Minister
of the Region or State concerned, to be appointed Chief Justice of the High
Court of the Region or State, or the persons nominated by the Chief Minister of
the Region or State concerned, in coordination with the Chief Justice of the
Union, to be appointed Judges of the High Court of the Region or State
concerned, unless it can prove clearly that the person or persons do not fully
possess qualifications prescribed for the Chief Justice of the High Court of the
Region or State and Judges of the High Court of the Region or State as contained
in the Constitution.
(3) There is right to present new
nomination as prescribed in place of persons rejected as in Sub-Paragraph 2
above.
(4) the President of the State shall
appoint persons approved by Region or State Hluttaw as the Chief Justice of the
High Court of Region or State and Judges of the High Court of the Region or
State.
Designation of qualifications of the
Chief Justice of the High Court of the Region or State and Judges of the High
Court of the Region or State
11. In connection with the
qualifications of the Chief Justice of the High Court of the Region or State and
Judges of the High Court of the Region or State,
- the Chief Justice of the High Court
of Region or State and Judges of the High Court of the Region or State shall
possess the following qualifications:
(a) person not younger than 45 and not
older than 65 years of age;
(b) person who possess qualifications
prescribed for Region or State Hluttaw representative except for the age
stipulation;
(c) (1) person who has served at least
five years as judicial service personnel or law service personnel of not lower
than Region or State level or at least ten years as judicial service personnel
or law service personnel of not lower than district level, or
(2) a person who has served as advocate
for at least 15 years, or
(3) person whom the President of the
State regards as one of high repute as learned in law.
(d) person loyal to the State and the
citizenry;
(e) person who is not a member of a
political party:
(f) person who is not Hluttaw
representative:
Impeachment of the Chief Justice of the
High Court of Region or State and Judges of the High Court of Region or State
12. In connection with empowering the
President of the State and the Chief Minister of Region or State,
(a) The President of the State may
impeach the Chief Justice of the High Court of Region or State, and the Chief
Minister of Region or State may impeach a Judge of the High Court of Region or
State, for any of the following:
(1) breach of allegiance to the State
(2) breach of a provision of the
Constitution
(3) moral turpitude
(4) Losing qualifications prescribed
for the Chief Justice of the High Court of Region or State or Judge of the High
Court of the Region or State
(5) inefficient discharge of duties
assigned to him in accord with the law.
(b) In the event the president of the
State wishes to impeach the Chief Justice the High Court of Region or State, or
the Chief Minister of Region or State wishes to impeach a Judge of the High
Court of Region or State, he shall send the impeachment to the Region or State
Hluttaw Okkahta
(c) Region or State Hluttaw shall form
an inquiry committee and have it conduct inquiries in accord with law.
(d) The inquiry committee shall be
formed with Region or State Hluttaw representatives, and a suitable one from
among them shall be appointed chairman of the inquiry committee.
(e) The time allowed to conduct and
complete the inquiry shall also be prescribed, with due consideration of the
volume of work involved in the inquiry.
(f) The president of the State or the
Chief Minister of Region or State may, in person or through a representative
explain the impeachment before the inquiry committee, and has also the right to
produce evidence and witnesses.
(g) The person impeached shall be given
the right of self-defence, in person or through a representative, in the
inquiry.
(h) The Okkahta of the Region or State
Hluttaw shall report to the Region or State Hluttaw on the results of the
investigation on the charge submitted to him by the investigation committee.
(i) If it is decided that the charge is
correct and that the Chief Justice or judge of High Court of the region or State
is not fit to continue in office, then it is to be supported by not less than
two-thirds of the total membership of the Hluttaw of the Region or State and the
Okkahta of the Hluttaw shall submit the matter to the President if it is the
case of the Chief Justice of High Court of the Region or State and to the Chief
Minister of the Region or State concerned if it is the case of a judge of the
High Court of the Region or State. The Chief Minister of the Region or State
concerned, on receiving the report, shall submit it to the President.
(j) The President, on receiving the
reports, shall order the removal from office of the Chief Justice or judge of
the High Court of Region or State.
(k) If the Hluttaw of the Region or
State concerned decides that the charge against the Chief Justice or judge of
the High Court of Region or State has been refuted, the Okkahta of the Hluttaw
concerned shall report the decision to the President if it is the case of the
Chief Justice of High Court of the Region or State and to the Chief Minister of
the Region or State concerned if it is the case of the Judge of High Court of
the Region or State.
13. In connection with impeachment of
the Chief Justice or any of judges of High Court of Region or State,
(a) The Chief Justice or a judge of the
High Court of Region or State shall be impeached for any of the following:
(1) treason;
(2) violation of any of the provisions
of the Constitution;
(3) misconduct;
(4) being disqualified for the post of
Chief Justice or judge of the High Court of Region or State as prescribed in the
Constitution.
(5) inefficient discharge of duties
assigned to him in accord with the law.
(b) If there arises a cause to impeach
a Chief Justice or a judge of the High Court of a Region or State for any of the
above offences, a proposal in writing signed by not less than one-fourth of the
total membership of the Region or State Hluttaw shall be submitted to the
Okkahta of the Hluttaw concerned.
(c) The Okkahta of the Hluttaw
concerned shall cause the charge to be investigated by a committee. The term
pending the completion of the investigation shall be determined depending on the
magnitude of the charge.
(d) The Chief Justice or judge of the
High Court of the Region or State who is charged shall have the right to appear
or to be represented at the investigation of the charge and be given the chance
to refute;
(e) The finding made by the
investigation committee on the charge made by the Region or State Hluttaw
against the Chief Justice or judge of the High Court of a Region or State shall
be submitted to the Okkahta of the Hluttaw concerned. If a resolution is passed,
supported by not less than two-thirds of the total membership of the Hluttaw
concerned, deciding that the charge is such as to render the Chief Justice or
judge of the High Court of the Region or State unfit to continue in office, the
Okkahta of the Hluttaw shall submit the decision to the President if it is the
case of the Chief Justice of the High Court of Region of State and to the Chief
Minister of the Region or State concerned if it is the case of a judge of the
High Court of Region or State. The Chief Minister of the Region or State
concerned, on receiving the report, shall submit it to the President.
(f) The President, on receiving the
reports, shall order the removal from office of the Chief Justice or judge of
the High Court of Region or State.
(g) If the Hluttaw of the Region or
State concerned decides that the charge against the Chief Justice or Judge of
the High Court of the Region or State has been refuted, the Okkahta of the
Hluttaw concerned shall submit the decision to the President if it is the case
of the Chief Justice of the High Court of Region or State and to the Chief
Minister of the Region or State concerned if it is the case of a judge of the
High Court of Region or State.
The term of the Chief Justice or judges
of the High Court of the Region or State
14. In connection with term of office
of the Chief Justice or judges of the High Court of the Region or State,
- the Chief Justice or judges of the
High Court of the Region or State shall have the right to serve till they are
fully 65 years of age if there does not arise any of the following reasons:
(a) voluntary resignation;
(b) termination of service after
impeachment in accordance with the provisions of the Constitution;
(c) becoming unfit to continue service
for permanent disability due to physical or mental impairment as certified by
the medical board prescribed by law;
(d) death.
15. In connection with the need for the
Chief Justice or judges of the High Court of the Region or State to be free from
party politics and to retire from civil service,
(a) the Chief Justice or judges of the
High Court of the Region or State shall be free from party politics;
(b) the Chief Justice or judges of the
High Court of the Region or State, if they happen to be civil servants, shall be
considered as having retired from civil service in accordance with existing
civil service regulations from the date they are appointed the Chief Justice or
judges of the High Court of the Region or State.
16. In connection with
responsibilities, rights and privileges of the Chief Justice or judges of the
High Court of the Region or State,
- Responsibilities, rights and
privileges of the Chief Justice or judges of the High Court of the Region or
State shall be prescribed by law.
17. In connection with the status of
the Chief Justice or judges of the High Court of the Region or State,
The Chief Justice of the High Court of
the Region or State is prescribed to be of the same status as the Union Minister
and the judge of the High Court of the Region or State is prescribed to be of
the same status as Deputy Minister for the purpose of reference on prescribing
by law responsibilities, rights and privileges of the Chief Justice or judges of
the High Court of the Region or State.
Courts under the supervision of the
High Court of the Region or State
18. In connection with formation of
various levels of courts under the supervision of the High Court of the Region
or State:
Under the supervision of the High Court
of the Region or State, there are the following levels of courts.
(a) if there is no self-administered
areas in the Region or State,
(1) district courts,
(2) township courts;
(b) if there is self-administered area
in the Region or State,
(1) in the self-administered division
(aa) court of the self-administered
division,
(bb) township courts;
(2) in the self-administered zone
(aa) court of the self-administered
zone,
(bb) township courts;
(3) in other areas
(aa) district courts.
(bb) township courts;
(4) in the Union territory
(1) district courts
(2) township courts
(d) other courts set up by law.
19. In connection with appointment of
judges, giving them judicial powers, prescribing their duties, rights and
privileges and formation of service organizations at these courts and their
duties, rights and privileges:
(a) appointing judges at various levels
of courts under the supervision of the High Court of the Region or State, giving
them judicial powers and prescribing their duties, rights and privileges shall
be in accord with law;
(b) forming service organizations
comprising officers and other ranks at the Supreme Court of the Union, High
Courts of Regions or States and other courts and prescribing duties, rights and
privileges of service personnel in them shall be in accordance with law.
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The President shall be responsible to the Pyidaungsu Hluttaw
Yangon, 31 Aug - The Panel of Chairmen
of the Plenary Session of the National Convention presented Fundamental
Principles and Detailed Basic Principles adopted by the National Convention in
drafting the State Constitution to the Plenary Session of the National
Convention. The following is detailed basic principles regarding Sharing of the
executive power in the chapter ?Executive' read out by U Saw Philip (a) U Philip
Sam of Delegate Group of Political Parties.
Sharing of the executive power
Powers and Functions of the President
1. The President shall be responsible
to the Pyidaungsu Hluttaw. The Vice-Presidents shall be responsible to the
President and also to the Pyidaungsu Hluttaw through the President.
2. 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
3. The President shall have
(a) the right of pardon
(b) the right of amnesty in accord with
recommendation of the National Defence and Security Council.
4. The President shall
(a) confer honours and awards
(b) revoke titles, honours and awards.
5. The President shall establish or
sever diplomatic relations with foreign nations with the approval of the
Pyidaungsu Hluttaw. But in the cases which need immediate action, the President
shall coordinate with the Nation Defence and Security Council to sever
diplomatic relations with foreign nations, and he shall seek the approval of the
Pyidaungsu Hluttaw concerning the action taken by him.
6. The President of the Union, in
accord with law,
(a) shall appoint and recall the
diplomats of the country;
(b) shall agree on the appointment of
foreign diplomats and send information on the recall
(c) shall accept the letters of
accreditation presented by foreign diplomats.
7. The President of the Union, in
accord with law, shall appoint and dismiss heads of bodies of public services.
8. The President of the Union, in
accord with law,
(a) shall enter into, ratify or annul
international, regional or bilateral treaties, or withdraw from such treaties
with the approval of the Pyidaungsu Hluttaw; and
(b) shall enter into, ratify or annul
international, regional or bilateral treaties which do not require the approval
of the Pyidaungsu Hluttaw, or withdraw from such treaties.
9. The President of the Union shall
have the right to occasionally deliver an address or a message to the meeting of
the Pyidaungsu Hluttaw, or the meeting of the Pyithu Hluttaw or the Amyotha
Hluttaw, or to the whole country on any matter regarding the policies and
conditions of the State.
10. The President of the Union shall
communicate with the Speaker of the Pyidaungsu Hluttaw to summon an emergency or
special session of the Pyidaungsu Hluttaw if necessary.
11. (a) Except Union budget matters,
the President shall have the right to issue an ordinance on administrative
matters that need immediate action during intervals between sessions of the
Pyidaungsu Hluttaw.
(b) If the President has not withdrawn
the ordinance issued under sub para (a), he shall submit the ordinance for
approval to the nearest session of the Pyidaungsu Hluttaw within 60 days after
the promulgation of the ordinance. If the Pyidaungsu Hluttaw has not any
schedule to hold a session within 60 days, the President shall cause to convene
a special session of the Pyidaungsu Hluttaw for approval.
(c) The ordinance shall cease to have
effect from the date on which it is disapproved by the Pyidaungsu Hluttaw.
(d) The ordinance issued by the
President will be in force with the approval of the Pyidaungsu Hluttaw till
required date.
(e) Even such an ordinance is revoked
within 60 days after its promulgation; it shall be submitted to the nearest
session of the Pyidaungsu Hluttaw.
(f) If such an ordinance contains
matters which the Pyidaungsu Hluttaw has no right to make decision according to
the Constitution, the ordinance ceases to have effect.
12. The President shall
(a) in coordination with the National
Defence and Security Council, formed within the framework of the Constitution,
take suitable military action in the face of aggression against the State;
(b) submit the action so taken to the
Pyidaungsu Hluttaw for approval if it is in session or call an emergency meeting
to present the matter for approval if the Pyidaungsu Hluttaw is not in session.
(c) declare war or make peace only with
the assent of the Pyidaungsu Hluttaw.
13. The President shall sign the laws
passed and enacted by the Pyidaungsu Hluttaw after taking action according to
the provisions of the Constitution. Such signed laws shall be promulgated in the
officials Gazette.
14. The President shall not be
responsible for answering to any Hluttaw or to any Court for the exercise or
performance of the duties and functions vested in him by this Constitution or
any of the existing laws or for any of his actions in the exercise and
performance of these powers and functions. But the exemption should not concern
the stipulation contained in this Constitution in connection with the
impeachment made against him.
The executive powers of Union of the
Union Government
1. Subject to the provisions of this
Constitution, the executive power of the Union extends to the matters with
respect to which the Pyidaungsu Hluttaw has power to make laws.
2. Subject to the provisions of this
Constitution, the executive authority of the Union, shall be vested in the
President; but nothing in his section shall prevent the Pyidaungsu Hluttaw from
conferring duties and functions upon any authoritative body, or any person in
authority, or be deemed to transfer to the President of the State any functions
vested in any authoritative body concerned of any other person in authority
concerned by existing laws.
3. (a) All executive actions of the
Union Government shall be expressed in the name of the President.
(b) Orders and instruments made and
executed in the name of the President shall be authenticated in such manner as
may be specified in rules to be made by the President. In addition, the validity
of an order or instrument which is so authenticated shall not be called in
question on the ground that it was not done by the President.
(c) The President shall make rules for
the transaction of the business of the Union Government, and for the allocation
of the said business among the ministers of the Union Government or to the
official responsible under a certain law, except matters conferred on him by
this Constitution to act in his own discretion.
(d) Without prejudice to the generality
of the foregoing provisions, the allocation of business by the President may be
region-wise as well as subject-wise.
4. The Union Government upholds and
maintains stability, peace, and the prevalence of law and order in the country.
5. The Union Government shall lay down
its policies in accord with the stipulations contained in this Constitution. The
Union Government shall draw necessary projects in accord with the policies and
implement them with the approval of the Pyidaungsu Hluttaw.
6. Based on annual budgets of the
Union, drawn after coordination with the Financial Commission, the Union
Government shall draft the bill on Union budget, and shall submit it to the
Pyidaungsu Hluttaw in the line with the stipulations contained in this
Constitution for approval.
7. The Union Government shall have the
right to use the funds within the allotment of the normal expenditure included
in the latest-enacted Union budget law of the Pyidaungsu Hluttaw, if the
Pyidaungsu Hluttaw cannot approve the Union Government-submitted bill before the
end of fiscal year.
8. The Union Government shall submit
the bill concerning the matters the Pyidaungsu Hluttaw can enact into law within
the framework of the provisions of this Constitution, and shall submit it to the
Pyidaungsu Hluttaw.
9. The ministries of the Union
Government shall manage, guide and supervise their subordinate government
departments and organizations to ensure that the said subordinate bodies are
conducting their functions in accord with the stipulations of this Constitution
and the existing laws.
10. The Union Government cooperates and
coordinates with the region government, the state government, and the
self-administered area leading body to enable them to effectively and
successfully carry out their tasks.
11. The Union Government, save
constitutional disputes and the disputes over the re-delineation of territorial
boundary, shall
(a) cooperate, coordinate and make
decisions if necessary on disputes over administration between regions and
states; among regions; among states; between regions or states and
self-administered areas; and among self-administered areas; and
(b) cooperate, coordinate and solve the
disputes over administration between regions or states and Union territories and
between self-administered areas and Union territories; and make decisions if
necessary.
12. The Union Government, in accordance
with law, shall
(a) constitute Union-related service
organizations as necessary, and stipulate the duties and functions for such
organizations; and
(b) appoint the required number of
staff.
13. The Union Government shall
(a) implement administrative
resolutions passed occasionally by the Pyidaungsu Hluttaw, and submit the
measures it has taken to the Pyidaungsu Hluttaw.
(b) submit the report on the entire
affairs of the Union to the Pyidaungsu Hluttaw on an occasional basis.
Executive power of the region or state
government
1. Subject to the provisions of this
Constitution, the executive power of the region or state government extends to
the matters with respect to which the region or state Hluttaw has power to make
laws. Moreover, in such manner, the executive power of the region or state
government also extends to the matters with respect to which the region or state
government has been allowed to carry out in accord with any of the Union laws.
2. The resign and state governments
shall have the responsibility to assist the Union Government in its drive to
ensure the stability of the State, community peace and tranquillity and the rule
of law.
3. Subject to the policies adopted by
the Union Government and Union laws, the region or state governments shall
implement the projects in connection with the task to be implemented in the
respective regions or states with the approval of the region or states hluttaw.
4. Region or State governments shall
submit to the respective Hluttaws of the Regions and States the budget bill of
the Regions and States concerned based on the annual budget of the Union
Government on accord with the provisions in this Constitution.
5. If the Region or State Hluttaw
cannot pass the bill on the budget of the region or state submitted by the
region or state government concerned, the said region or state government shall
have the right to use the funds of the current expenditure included in the
last-enacted budget law of the region or state hluttaw.
6. In accordance with the provisions of
Constitution, the region or state government shall have the right to submit to
the Region or State Hluttaw the necessary Bill relevant to the matters embodied
in the Region or State Legislative List.
7. The region or state government shall
(a) manage, guide, supervise and
inspect the performance of the region or state ministries and their subordinate
government departments and organizations to ensure that they conduct their
functions in accordance with the provisions of this Constitution, or with those
of the existing laws.
(b) supervise, inspect, cooperate and
coordinate in accordance with law the performance of the civil service
organizations discharging duties in their respective regions or states.
8. To implement the tasks under its
charge in accordance with the Union Law for State Civil Service, or through
coordination in advance with the Union government, the region or state
government shall
(a) establish civil service
organizations of region or state as necessary;
(b) appoint the required number of
civilian staff.
9. The region or state government shall
(a) implement the resolutions
occasionally passed by the Region or State Hluttaw concerned, and submit the
report on the measures taken to the Region or State Hluttaw concerned.
(b) submit the report on the entire
affairs of its area to the Union government and to the Region or State Hluttaw
concerned.
10. The region or state government
shall implement the tasks occasionally assigned by the Union government.
Executive power of leading body of
self-administered divisions and self-administered zones
1. Subject to provisions of the
Constitution, the self-administrative power of the self-administered division
and self-administered zone leading bodies extends to the following matters:
(a) with respect to which the
self-administered division and self-administered zone leading bodies has power
to make laws;
(b) with respect to which the
self-administered division and self-administered zone leading body has power to
implement matters in accord with any law enacted by the Pyidaungsu Hluttaw; and
(c) with respect to which the
self-administered division and self-administered zone leading body has power to
implement matters in accord with any law enacted by the respective Region or
State Hluttaws.
2. Self-administered division or
self-administered zone leading body has the duty to help the Union Government in
its drive to ensure stability of the State, community peace and tranquillity and
the rule of law.
3. The self-administered division or
the self-administered zone leading bodies shall
(a) subject to the policies of the
Union Government, draw work programmes for development of their territory and
shall coordinate the matter with the respective region government or state
government;
(b) draw annual budgets and coordinate
with the region or state government concerned in accord with the provisions of
the Constitution for approval;
(c) have the right to use the allotted
budget funds included in the budget law of the region or state concerned;
(d) use the fund of the current
expenditure permitted within the last-enacted budget law of the hluttaw of the
region or state concerned if they cannot obtain the budget allotment in time due
to region or state hluttaw's failure to enact the budget law in time.
4. Self-administered division and
self-administered zone leading bodies shall, in accord with the law, supervise
and coordinate the functions of civil service organizations discharging duties
in their territory.
5. The self-administered division and
self-administered zone leading bodies shall submit reports stating the general
situation of the territory to the Union Government and the region or state
government concerned.
6. The self-administered division and
self-administered zone leading bodies shall carry out the task assigned
occasionally to them by the Union Government and the region or state government
concerned.
State Service personnel
1. State service personnel shall be
free from party politics.
2. Matters as to the appointment of
employees, promotion, retirement, the enforcement of rules, the designation of
service rules, and taking of action against service personnel shall be in
accordance with law.
3. As to occupational security for
State service personnel; the sufficiency of food, clothing and shelter needs;
maternal rights for married women service personnel; and the provision of food,
clothing and shelter assistance to the retired, necessary laws shall be enacted.
4. Given the unusual nature of the
responsibility of the Tatmadaw members, who are State service personnel, they
shall be dealt with according to military laws.
5. Given the unusual nature of the
responsibility of Myanmar Police Force members, who are State service personnel,
separate laws shall be enacted for them.?
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Presentation on fundamental principles and detailed basic principles
to be published
Yangon, 31, Aug - The Panel of Chairmen
of the Plenary Session of the National Convention presented Fundamental
Principles and Detailed Basic Principles adopted by the National Convention in
drafting the State Constitution to the Plenary Session of the National
Convention. Presentation on detailed basic principles regarding sharing of the
judicial power in the chapter Judiciary', and the chapters the Tatmadaw,
Citizenship, Fundamental Rights and Duties of Citizens' read out by U Maung Hla
(a) U Hla Myint of Delegate Group of National Races, detailed basic principles
regarding the chapters Election' and Political Parties' read out by U Kan Nyunt
of Delegate Group of Peasants, detailed basic principles regarding the chapters
Provisions on State of Emergency', Amendment of the Constitution' and State
Flag, State Seal, National Anthem and the Capital' read out by U Kyaw Win Tun of
Delegate Group of Workers and detailed basic principles regarding the chapters
Transitory Provisions' and General Provisions' read out by Dr Maung Maung Wint
of the Delegate Group of Intellectuals and Intelligentsia will be published in
the dailies.
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Lt-Gen Khin Maung Than inspects Pyay-Taungup road section,
agricultural tasks in Pyay
Nay Pyi Taw, 31 Aug - Member of the
State Peace and Development Council Lt-Gen Khin Maung Than of the Ministry of
Defence, accompanied by Vice-Chairman of Bago Division (West) PDC Brig-Gen Sein
Myint and officials, heard reports on construction of earth road and building of
bridges on Kyangin-Okshitpin section of Pyay-Padaung-Taungup road presented by
officials at Nyaungkyo Yeiktha in Pyay on 29 August morning.
Next, Division Manager of Myanma
Agriculture Service U Than Maung also reported on cultivation of 550 acres of
coffee against the target of 1,500 acres in Nyaungkyo region.
Lt-Gen Khin Maung Than inspected
thriving 29 acres of coffee plantation in Pyay Station and left necessary
instructions.
At Shwemyaya Hall of Road
Construction-8 of Public Works, Lt-Gen Khin Maung Than and party were welcomed
by Commander of Western Command Maj-Gen Maung Shein and officials. Senior
Engineer U Aung Htay of Construction-8 submitted the reports on maintenance of
Pyay-Padaung-Taungup road and future tasks. Lt-Gen Khin Maung Than stressed the
need to construct the retaining walls at the eroded areas and carry out
maintenance task.
At the mile post 86/6 on
Pyay-Padaung-Taungup road, he viewed extension of shoulder along the road and
attended to the needs.
At the hall in Taungup Station, they
met servicemen and family members. At the hall in Taungup, they met departmental
personnel. Lt-Gen Khin Maung Than heard reports on progress of the township
presented by the Chairman of Township PDC.
Speaking on the occasion, Lt-Gen Khin
Maung Than instructed officials to strive for ensuring sufficiency of rice and
edible oil. Not only in Taungup Township but also in Rakhine State, it is
necessary to extend cultivation of beans and pulses, sunflower, groundnut,
sesame and mustard. In addition, all the townships are to grow 300 acres each of
pepper yearly. Lt-Gen Khin Maung Than urged local farmers to extend rubber and
physic nut to meet the target. Furthermore, efforts are to be made for breeding
prawn with the technological aid of departments concerned.
Lt-Gen Khin Maung Than presented K
500,000 to the funds of Maei Hospital through officials. At Lin Aung Cold
Storage in Maei, Lt-Gen Khin Maung Than viewed production process of the cold
storage and gave necessary instructions to the officials.
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Developing trend of rail transportation
The government has built a network of
railroads that contribute a lot to regional development throughout the country
after 1988. In the past, there were 1,976.35 miles of railroads and 2,793.86
miles of rail tracks. As 1,168.21 miles of new railroads and 1,299.34 miles of
rail tracks have been constructed, there are now 3,144.56 miles of railroads and
4,093.29 miles of rail tracks.
As the majority of traveling public are
taking trains in order to save time and money the Myanma Railways have built
more railroads for the convenience of the people. With the emergence of new
bridges and railway stations there are now 805 railway stations in the nation.
Before 1988, there were only 229
passenger trains across the nation, and there are now 379.
As priority is being given to the
development of rail transportation there is swift commodity flow, thereby
contributing to regional development.
With the goodwill of the government and
efforts of Myanma Railways the national people are now able to travel from one
region to another and conveniently engage in trade and commerce.
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TatU Monastery Sayadaw arrives back
Yangon, 31 Aug - Presiding Nayaka of
Mogok Vipasana Dhamma Yeiktha Branch-77 Nayaka of Mogok Vipasana Association
Missionary Sayadaw Bhaddanta Saddhamma Kittisara of Aung San Tawya TatU
Monastery in Insein Township arrived back, here, by air on 28 August after
delivering sermons at Oxford, Birmingham and London in England from 30 June to 9
August and Visalia, Fresno, Fremont, San Fransisco and Los Angeles from 10 to 26
August in USA.
The Sayadaw will organize a 10-day
meditation session from 1 to 10 September.
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101 members of Labutta Township NLD quit NLD undermines interest of
State and people
Yangon, 31 Aug - Altogether 101 members
of the National League for Democracy of Labutta Township, Ayeyawady Division
including U Myint Swe, U Hla Than, Daw San Nu, U Myint Tin, U Hla Thein, Ma Than
Htwe, Daw Nan Hmon, Daw Nyunt, Daw Khin San Shwe, Daw Mya Than, Daw Khin Hmi,
Daw Hla Htay, Daw Myint Thein, Daw San Myint and U Mutu resigned from the NLD
party of their own volition sending their resignation letters to the NLD
Headquarters and local authorities concerned on 27 August.
In their resignation letter sent to the
Labutta Township Multi-party Democracy General Election Subcommission, they said
that NLD party undermines the interest of the State and the people relying on
big foreign countries. Hence, they lost trust and faith in the party and its
leaders. That is why they resigned from the NLD party of their own accord, they
said.
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Promotion of trade discussed in Tamu
Yangon, 31 Aug - The Border Trade
Department under the Ministry of Commerce held the trade promotion meeting at
the branch office of the department in Tamu yesterday morning.
Director U Maung Maung Tun,
departmental officials, executives of Kalewa-Tamu Border Traders Association,
entrepreneurs and persons from transport services attended the meeting.
The director explained matters related
to promotion of trade, and those present took part in the discussions.
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First rare book show and sales launched
Yangon, 31 Aug - Zizawah Bookstall
organized the first rare book show and sales at its residence at No 25 on Nantha
Street in Htana Ward of Ahlon Township today.
The bookstall has been opened for nine
months.
Chairperson of the Library, Museum and
Exhibition Inspection Committee Assistant Director Daw Tin Tin Myint of
Information and Public Relations Department and party inspected the show and
sales and presented the permit to bookstall owner U Kyaw Min.
Various subjects of books in Myanmar
and English, dictionary, encyclopaedia, catalogue and others are available at
the book show and sales at reasonable prices. The show and sales will last up to
16 September. Zizawah Bookstall is open daily.
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Foreign Minister felicitates Uzbekistan counterpart
Nay Pyi Taw, 1 Sept - U Nyan Win,
Minister for Foreign Affairs of the Union of Myanmar, has sent a message of
felicitations to His Excellency Mr Norov Vladimir Imamovich, Minister for
Foreign Affairs of the Republic of Uzbekistan, on the occasion of the
Independence Day of the Republic of Uzbekistan which falls on 1 September 2007.
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FM sends message of felicitations to Libya
Nay Pyi Taw, 1 Sept - On the occasion
of the Revolution Day of the Great Socialist People's Libyan Arab Jamahiriya
which falls on 1 September 2007, U Nyan Win, Minister for Foreign Affairs of the
Union of Myanmar, has sent a message of felicitations to His Excellency Mr
Abdelrahman Mohamed Shalgam, Secretary of the General People's Committee for
Foreign Liaison and International Cooperation of the Great Socialist People's
Libyan Arab Jamahiriya, .
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Librarian Course No 1/2007 concludes
Nay Pyi Taw, 31 Aug - The Librarian
Course No 1/2007 of the Information and Public Relations Department under the
Ministry of Information concluded at the ministry in Nay Pyi Taw this morning,
with an address by Managing Director U Soe Win of News and Periodicals
Enterprise.
Also present on the occasion were
Managing Director of Printing and Publishing Enterprise U Aung Nyein, officials
of the departments and enterprises under the ministry, course instructors and
trainees.
First, Managing Director U Soe Win of
News and Periodicals Enterprise made a speech on the occasion and presented
first, second and third prizes to outstanding trainees.
On behalf of the course instructors,
Director U Maung Pe (Admin) of the Information and Public Relations Department
presented gifts to U Soe Aung of the Ministry of Foreign Affairs, and Director U
Than Tun of IPRD gave away completion certificates to the trainees through
trainee leaders.
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