File photo for illustration purposes
KUCHING: The Emergency (Essential Powers) Ordinance 2021 has been gazetted and has come into effect on Jan 11, the day Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah made the proclamation of Emergency.
“Whereas the reason of the existence of a grave emergency threatening the security, economic life and public order of the Federation arising from the epidemic of an infectious disease, namely Coronavirus Disease 2019 (Covid-19), a Proclamation of Emergency has been issued by the Yang di-Pertuan Agong under Article 150 of the Federal Constitution on Jan 11, 2021.
“And whereas the Yang di-Pertuan Agong is satisfied that immediate action is required to guarantee and preserve the security, economic life and public order, it is hereby promulgated an Ordinance by the Yang di-Pertuan Agong.
“This Ordinance may be cited as the Emergency (Essential Powers) Ordinance 2021 and is deemed to have come into operation on Jan 11, 2021,” stated in a Federal Government Gazette published by the Attorney-General’s Chambers.
The Ordinance provided the following:
- Independent special committee – An independent special committee will advise the Yang DiPertuan Agong on the “continuing existence of the grave emergency threatening the security, economic life and public order of the nation arising from Covid-19”.
- Power to take temporary possession of private land, building or movable property – Yang di-Pertuan Agong or any person authorised by the Yang di-Pertuan Agong may “take temporary possession of private land, building or movable property”.
- Demand for use of resources – Yang di-Pertuan Agong or any person authorised by the Yang di-Pertuan Agong may “demand any resources to be utilised for any purpose the Yang di-Pertuan Agong or any person authorised by the Yang di-Pertuan Agong deems necessary”. Resources here refer to such as human resources, facilities, utilities and assets, and the controller or manager of such resources.
- Directions for treatment, immunisation, isolation, observation or surveillance – Yang di-Pertuan Agong may issue directions for treatment, immunisation, isolation, observation or surveillance under the Prevention and Control of Infectious Diseases Act 1988.
- Additional powers of armed forces – As long as the emergency is in force, the armed forces “shall have all the powers of a police officer of whatever rank as provided for under the Criminal Procedure Code”.
- Power to exempt – Yang di-Pertuan Agong or any person authorised by the Yang di-Pertuan Agong to exempt a healthcare professional regulated under a law from the requirement to comply with the principal place of practice specified in any annual practising certificate.
- Protection against suits and legal proceedings – No action, suit, prosecution or any other proceeding shall lie or be brought, instituted or maintained in any court against the government, any public officer or any person appointed under subsection 6(1) of the Ordinance, in respect of any act, neglect or default done or omitted by it or him in good faith, in carrying out the provision of this Ordinance.
The Ordinance further stated that the prime minister, the Cabinet and those in the states “exists and have been conferred the executive functions”.
“The legislative functions to make subsidiary legislation under federal laws and state laws shall continue to be exercised by the persons so authorised by such laws,” it said.
The Ordinance, among other things, also allows legislative functions to make subsidiary legislation under Federal laws, while state laws will continue to be exercised by the persons authorised by such laws.
It also stated that vacancies in the Dewan Rakyat and Dewan Negara and State Legislative Assembly will not be filled. Any meeting of the Parliament or State Legislative Assembly which has been summoned before the coming into operation of this ordinance has also been cancelled.