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  1. #1
    Thailand Expat misskit's Avatar
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    Malaysians Bewildered, in Limbo Over Status of Revoked Emergency Laws

    The Malaysian government’s announcement Monday that it had revoked emergency ordinances days earlier, on July 21, has caused utter confusion among citizens and lawmakers alike, leaving many to wonder whether enforcements under these laws after that date are still valid.


    Parliamentarians and ordinary Malaysians have also expressed disbelief that the government said it would not explain the issue until Aug. 2 – the last day of the ongoing five-day parliamentary session and the first one this year.


    On Wednesday, an MP from the Democratic Action Party asked in the legislature why the government needed to wait until next Monday to get an explanation about the ordinances.


    “Surely, you are aware Parliament is only meeting for five days this time. Why isn’t there an urgency to hear the matter? Why do we want to delay the matter further?” lawmaker M. Kulasegaran, a former Human Resource minister, said.


    “The [Law] minister is sitting over there. The Prime Minister is here. Just stand up and answer.”


    ‘Stupidest thing I’ve seen’


    Malaysians who have been closely monitoring the session have taken to social media to ask why the country wasn’t told on July 21 that the emergency laws had been revoked or that a nationwide emergency would not be extended beyond its original expiry date of Aug. 1.


    “How can the Emergency Ordinances revoked for five days and Malaysians have no clue about it?” Malaysia Joshua Michael said via Twitter on Tuesday.


    Another Malaysian said via Twitter that the government seemed to be taking a national issue such as this one “lightly.”


    “Regarding the revocation of the emergency ordinance[s], that is the stupidest thing I’ve seen in parliament. They won’t answer even the simplest question even though it is the most important thing,” Firdaus Zamuri said.


    The government of Prime Minister Muhyiddin Yassin issued six ordinances since the emergency was imposed and parliament suspended in January. These include a law that raised fines for violating COVID-19 health protocols, and a controversial one that criminalized “fake news” about the emergency.


    Fahmi Fadzil, a lawmaker from the opposition People’s Justice Party on Tuesday described how the confusion over the emergency ordinances would play out.


    He said that more than 2,200 fines were issued between July 21 and 25 for breaches of the lockdown, and most of them were for more than 1,000 ringgit (U.S. $236), according to the ordinance that said the penalty could go up to 10,000 ringgit.


    “The people are wondering if they have a 10,000 ringgit compound [fine] issued from July 21 onwards, are they required to attend court? Should they plead guilty?


    “Most of these compounds cost more than 1,000 ringgit. If we wait until Monday, what will happen? That is why we cannot wait till Monday.”


    UMNO ‘not aware’ of ordinances’ revocation


    Confounding the issue further is that the revocation of the six ordinances has not been published in the Gazette, or the government’s official journal, seven days after the government said these law were ended.


    That is why, in the opinion of constitutional expert and lawyer New Sin Yew, the six ordinances are still in force, because there is no proof that they have been revoked or that the king has been informed about it.


    “First, there is no evidence that the King has revoked the Ordinances. The King must act on the advice of the Cabinet, and he must be presented with the revocation to agree with the same. The Cabinet cannot act on its own and bypass the King,” New told BenarNews.


    “Second, there has been no publication of the purported revocation in the Gazette.”


    Meanwhile, Ahmad Zahid Hamidi, the president of the United Malays National Organization – the largest party in the ruling coalition – said Wednesday that his party did not know about the revocations ahead of time.


    “UMNO is not aware that the Emergency Ordinances have been revoked since July 21, 2021 even though there are UMNO lawmakers who are part of the federal government,” Zahid said in a statement.


    The cabinet has nine ministers from UMNO, including Annuar Musa and Deputy Prime Minister Ismail Sabri, who would have attended the July 21 cabinet meeting when the government said the revocations were decided.


    For his part, Annuar confused parliamentarians even more with a tweet on Tuesday that said, among other things, “what is in the process of revocation is the ordinance[s].”


    This implied that the emergency laws were still in force.

    Malaysians Bewildered, in Limbo Over Status of Revoked Emergency Laws — BenarNews

  2. #2
    Thailand Expat Saint Willy's Avatar
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    PMO defends bypassing Parliament, says PM already advised Agong


    Prime Minister Muhyiddin Yassin's office today defended his decision not to revoke the emergency ordinances through a vote in Parliament after Istana Negara reprimanded the Perikatan Nasional government for failing to act in line with the Federal Constitution.
    The Prime Minister's Office (PMO), in a statement today, said Muhyiddin had advised the Yang di-Pertuan Agong to annul the emergency ordinances even before the special Parliament sitting convened on July 26.
    The PMO added that the Agong is to act in accordance with the prime minister's advice under Article 40(1) of the Federal Constitution.
    "The cabinet already decided to advise the Agong to revoke the emergency ordinances before the special Parliament sitting convened.


    "The government is of the view that all actions taken were in line with the law and the Federal Constitution.
    "The prime minister emphasised that, in carrying out his duties, it is essential for him to act in accordance with the law and Federal Constitution," it said.
    The PMO said it had on July 22 received the draft of the ordinance annulment which stated that all the ordinances assented by the Agong during the emergency which began on Jan 11 will be cancelled effective July 21.
    It explained that the prime minister then wrote to the Agong on July 23 to advise the king to annul the emergency ordinances.
    However, the PMO said the Agong on July 24 summoned de facto law minister Takiyuddin Hassan and attorney-general Idrus Harun to explain the matter.
    Istana Negara revealed earlier today that the ruler had asked Takiyuddin and Idrus to ensure that the emergency ordinances are revoked through a debate and subsequent vote in Parliament, something which the PN government refused to comply with.
    The PMO, in its statement this evening, reproduced the text of Article 40(1) which states that the ruler may request for more information but is to act on the advice of the cabinet and Article 40(1A) that states that monarch must accept such advice.
    Opposition blamed for creating 'confusion'
    Elaborating on the chronology, the PMO said Takiyuddin had on the morning of July 27 explained in Parliament that the cabinet had decided to revoke the emergency ordinances in response to the opposition's demand for the revocation to go through Parliament.
    "This was a statement of fact with the intention to inform the Dewan Rakyat of the real situation," it said.
    However, it noted that this had raised questions, prompting Muhyiddin and Idrus to seek an audience with the ruler at noon on the same day.
    "During the audience, the prime minister again conveyed the cabinet's advice about the annulment of the emergency ordinances and clarified the confusion that the opposition tried to create during the Dewan Rakyat sitting.
    "The prime minister conveyed the government's view that all of the emergency ordinances do not need to be annulled by Parliament as the cabinet had already advised the Yang di-Pertuan Agong to annul them," the PMO said.
    Furthermore, the PMO said the special Parliament sitting's agenda did not include the annulment of the emergency ordinances.
    Earlier today, Istana Negara in a statement said the Agong was "very disappointed" at the government's refusal to allow the emergency ordinances to be debated in accordance with Article 150(3).
    The PMO maintained that it had fulfilled Article 150(3) by laying the emergency ordinances before Parliament.
    The article also allows Parliament to annul the emergency ordinances "if not sooner revoked".
    However, Istana Negara said the government's declared revocation was
    never assented to by the king.
    It also criticised Takiyuddin for misleading Parliament.
    Istana Negara said that while the ruler acknowledges his constitutional obligation to act in accordance with the government's advice, it added that the ruler also has a duty to speak out if anyone had acted unconstitutionally.

    PMO defends bypassing Parliament, says PM already advised Agong




  3. #3
    Thailand Expat Saint Willy's Avatar
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    MP SPEAKS | Sixty hours to a major constitutional crisis in Malaysia



    Lim Kit Siang
    Published 29 Jul 2021, 9:42 am
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    Modified 11:57 am




    A+A-

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    MP SPEAKS | Are we some 60 hours to a major constitutional crisis in Malaysia – which will be a double whammy for Malaysians, on top of the government’s mishandling of the Covid-19 pandemic?
    The coronavirus has catapulted Malaysia to be one of the world’s dozen countries that are the worst performers in the pandemic, whether because of daily new cases or daily Covid-19 deaths.
    If by midnight on Saturday – some sixty hours from now – there is no royal assent to the revocation of the six emergency ordinances as announced in Parliament on Monday by the Minister in the Prime Minister’s Department (Law and Parliament), Takiyuddin Hassan, Malaysia will be plunged into a major constitutional crisis.
    The statement by Umno president Ahmad Zahid Hamidi that Umno had no prior knowledge that the emergency ordinances had been “revoked” is one of many indications of a major constitutional crisis in the making.


    There are at least five other indications to show that a major constitutional crisis is in the making, namely:

    1. The statement by the Federal Territories Minister Annuar Musa that the six emergency ordinances are still in the process of revocation;
    2. The absence of any gazetting of the royal assent and revocation of the six emergency ordinances in the past week;


    1. The inability of the minister in the Prime Minister’s Department and the prime minister himself to declare that royal assent had been given to the revocation of the six emergency ordinances, despite being questioned in Parliament daily for the last three days;


    1. The letter by the Parliament speaker to the MP for Beruas, Ngeh Koo Ham, rejecting his motion to annul the emergency ordinances on technical grounds, instead of on the ground that the emergency ordinances had been revoked; and


    1. The failure to inform MPs of the revocation when the six emergency ordinances were laid before the House.

    This is a national tragedy, for it had distracted Parliament, in its special meeting, to focus singly on the Covid-19 pandemic, as the issue of whether the six emergency ordinances have been properly revoked have haunted the Parliament during the last three days of its sitting.
    It showed this government to be in paralysis, unable to plan and to take action to ensure that when Malaysia marks its 64th National Day on Aug 31, the country will not be having more than 1.5 million Covid-19 cases and 15,000 Covid-19 deaths – nor reach two million Covid-19 cases and nearly 20,000 Covid-19 deaths when marking the 58th Malaysia Day on Sept 16, 2021.
    What is the position of Attorney-General Idrus Harun – on whether the six emergency ordinances have been revoked – to the government, to the Yang di-Pertuan Agong and to the people of Malaysia?
    https://www.malaysiakini.com/news/585016

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