An Istana Negara officer was quoted by the New Strait Times as saying on Tuesday that the letter stated to the effect that the King's power to consider a petition for pardon under Article 42 of the Federal Constitution was limited to all offences committed in the Federal Territories of Kuala Lumpur and Labuan.

The letter signed by the King's private secretary was sent to Dewan Rakyat Speaker Tun Mohamed Zahir Ismail, Attorney-General Datuk Abdul Gani Patail and Election Commission chairman Datuk Abd Rashid Rahman.

The statement of Istana Negara was commenting on an article published by the Star on Monday that the Yang di-Pertuan Agong Tuanku Syed Jamalulail had rejected Yong's petition for pardon.

Yong, who was also disqualified as the assemblyman for Likas after the Federal Court dismissed his motion for leave to appeal against the Court of Appeal's decision to uphold the judgment of the Election Court last year that he had committed 'corrupt practice' during the 1999 State election, had petitioned the King and the Yang di-Pertuan Negeri of Sabah for pardon.

On September 19, the Election Commission (EC) declared the Gaya parliamentary seat vacant after agreeing with the Federal Attorney-General's Chambers that a royal pardon was not applicable in the case of an election offence.

Article 42(1) of the Federal Constitution states that "The Yang di-Pertuan Agong has power to grant pardons, reprieves and respites in respect of all offences which have been tried by court martial and all offences committed in the Federal Territories of Kuala Lumpur and Labuan; and the Ruler or Yang di-Pertua Negeri of State has power to grant pardons, reprieves and respites in respect of all other offences committed in his State."