Weekly Highlights

Why didn’t PN tell us in advance about revoking Emergency Ordinance?

27th July 2021

The haphazard and negligent manner of revoking 6 Emergency Ordinances that created mass confusion another sign of a failed state.

The PN government has held not only Parliament in open contempt but completely failed to honour of the basic tenets of Rukunegara to Uphold the Law.

After undergoing extreme pressure from the Opposition in Parliament yesterday, Law Minister Takiyuddin Hassan made a stunning announcement in a hurried and harried manner that the government will not extend the Emergency Proclamation after 1 August and has decided to revoke six Emergency Ordinances backdated effectively on 21 July 2021, immediately plunging the entire country into mass confusion.

There was no prior announcement before the Parliament sitting on 26 July, that the King has revoked the 6 emergency ordinances accompanied by a Federal gazette as required by the Federal Constitution. There was no carefully worded statement citing the 6 Emergency Ordinances revoked, accompanied by a federal gazette that should be laid before Parliament as required under the Article 150(3) of the Federal Constitution.

In fact, the opposition had to practically force the government to provide this information. From the body language of both the Prime Minister, Deputy Prime Minister and Takiyuddin when pressed by Opposition MPs yesterday, it would appear that the King had not given his royal consent thus the lack of Federal gazette.

Since there is no Federal gazette, then the government should move a motion in Parliament as required under Article 150(3) of the Federal Constitution to have the 6 emergency ordinances annulled. Otherwise, the announcement by Takiyuddin has failed to provide certainty, clarity and consistency essential to the administration of justice. The mass confusion engendered in failing to uphold the law is another sign of a failed state.

Refund Those Who Paid Above RM1,000 For Individuals And RM50,000 For Corporate Bodies For Compounds Issued After 21 July.

Lim Guan Eng

­The haphazard and negligent manner of such an important announcement points to both government incompetence and that it is motivated solely by political considerations.

The Emergency declared on 12 January was clearly an abuse of power by PN pushed through not to contain the COVID-19 pandemic, but to ensure its political survival following the loss of its Parliamentary majority.

This is proven by the tsunami of COVID-19 cases during the emergency period which breached more than a million cases cumulatively on 25 July and a record of 207 deaths on 26 July putting the death toll above 8,000.

The refusal of the government to clear the confusion will have many practical implications in government administration as to which of the Emergency Ordinances still have legal efficacy.

The biggest question is the legal validity of the 2,200 compounds issued against individuals between July 21 and July 25 as reported in Malaysiakini.

An emergency ordinance raised the maximum penalty for breach of MCO restrictions  from RM1,000 to RM10,000 for individuals and from RM10,000 to RM50,000 for corporate bodies.

Until this legal confusion is resolved the government should instruct the authorities to revert back to the previous maximum compounds of RM1,000 for individuals or RM10,000 for corporate bodies, as well as refund those who paid above that amount for compounds issued after 21 July.

Lim Guan Eng

DAP Secretary-General

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