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.
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.
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.
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