Emergency ordinances fully annulled only after approval by both Dewan Rakyat, Senate – Expert

Emergency ordinances fully annulled only after approval by both Dewan Rakyat, Senate – Expert

KUALA LUMPUR: The emergency ordinances under the Emergency Proclamation will be fully annulled only after being approved by both the Dewan Rakyat and Dewan Negara, constitutional expert Prof Datuk Dr Shamrahayu Ab Aziz said.

The motion to annul the ordinances was approved by the Dewan Rakyat yesterday after being tabled and debated as well as obtaining the necessary votes.

Therefore, Shamrahayu, who is also the Incumbent of the Malay Rulers Chair at Universiti Teknologi Mara (UiTM), said from a legal standpoint, the ordinances were still in effect until the Dewan Negara passes their annulment.

“It will only end the emergency (ordinances) at the Dewan Rakyat level and will only be fully annulled after it is approved at the Dewan Negara.”If it is only approved at the Dewan Rakyat, it does not mean that the law cannot be implemented… (the ordinance) can be implemented. If the Dewan Negara annuls it, then it will really end,” she said when contacted by Bernama yesterday.

According to Article 150(3) of the Federal Constitution, a proclamation of Emergency or any ordinance promulgated under Clause (2B) shall be laid before both Houses of Parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed by both Houses annulling such proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the Yang di-Pertuan Agong to issue a new proclamation under Clause (1) or promulgate any ordinance under Clause (2B).

The motion tabled by Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Dr Wan Junaidi Tuanku Jaafar was passed by a majority vote after being debated by 18 MPs.

Wan Junaidi when debating the motion said without the Emergency Proclamation implemented from January to August, the government would face difficulty to undertake necessary measures to fight the COVID-19 outbreak that was at a critical stage at that time.

It encompasses the Emergency Ordinance (Essential Powers) 2021; Emergency Ordinance (Prevention and Control of Infectious Diseases) (Amendment) 2021; Emergency Ordinance (Employees’ Minimum Standards of Housing, Accommodations and Amenities) (Amendment) 2021 and the Emergency Ordinance (Essential Powers) (No. 2) 2021.

It also includes Emergency Ordinance (Essential Powers) (Amendment) 2021; Emergency Ordinance (Offenders Compulsory Attendance) (Amendment) 2021; and Emergency Ordinance (National Trust Fund) (Amendment) 2021.

On Dec 16 last year, Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah declared the Emergency Proclamation for the Gerik parliamentary constituency in Perak and the Bugaya state constituency in Sabah, postponing both by-elections.– BERNAMA