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State of Emergency Declaration - Q & A
savemalaysia
Publish date: Tue, 12 Jan 2021, 10:36 AM
*Emergency declared* (Read here)
Comment: This measure is likely to mitigate the PM's reported loss of majority in parliament and agitatation for snap polls by some politicians.
It remains to be seen what powers the government will exercise, but it is likely that only political processes will be suspended. Laws and expenditure will be approved directly by the executive branch of the government.
Parliament can be suspended during an emergency, while by-elections and the general election can be postponed.
We expect that the PM is seeking to ensure that the continuity of government and initiatives to curb the Covid-19 pandemic is not jeopardised by untimely political developments.
*RHB Research*
Yang Di Pertuan Agong has announced a state of emergency until 1 Aug 2021.
Q: So what is a state of emergency?
A: While sounding distressful, a state of emergency does not automatically give rise to drastic measures. It gives extraordinary powers to PM and Parliament to make drastic laws
Q: So what happens now? Will Parliament be suspended?
A: Nothing happens by the mere declaration of emergency. Note: We were living under 3 proclamations of emergency until Dec 2011.
Q: So what is the big deal?
A: Until parliament sits, the YDPA(on advice of the PM) can make ordinances on a wide range of matters. This power lasts until Parliament sits. Once parliament sits. Then it is for Parliament to make emergency laws.
Q: What if Parliament does not sit?
A: A proclamation of emergency does not automatically suspend the sitting of parliament. The next sitting is scheduled for early March. However, until then, the PM (through the Yang Di Pertuan Agong) has very wide law making powers.
Constitutionally, the PM now can postpone the sitting of Parliament to June 17, 2021. Under Article 55, there cannot be more than a 6 month gap between sittings of Parliament. The last sitting was on Dec 17, 2020.
Q: What about MCO?
A: MCO is not made under emergency. The Movement Control Order is issued under the Prevention and Control of Infectious Diseases Act 1988. So MCO will and can proceed even without an emergency
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Post removed.Why?
2021-01-12 12:09