No resolution needed to annul emergency

Wan Junaidi Tuanku Jaafar

KUCHING: The Emergency declared by the Yang di-Pertuan Agong on Jan 12 is different from the one proclaimed on May 14, 1969 in that the former had a time frame.

The 1969 Emergency had no “sunset clause” and could continue perpetually while the present one had a time frame and would lapse on Aug 1, said former Deputy Dewan Rakyat Speaker Datuk Seri Tuanku Jaafar.

“The present Emergency is set to end on Aug 1, and it will end on that date. No resolution is needed to annul its proclamation.

“The difference between the present proclamation and the proclamations which were annulled by Parliament in 2011 is that the latter did not have sunset provision and it was not revoked by the Yang di-Pertuan Agong as such it’s annulled by Parliament by resolution.”

Wan Junaidi said under Article 150(3), the proclamation of Emergency and ordinances made by the King are required to be laid before both Houses, adding this would be done during the upcoming sitting of Parliament.

“However, if the Cabinet considered that there is a need for the country to continue with the Emergency, then the Agong, upon the advice of the Prime Minister, will have to proclaim another Emergency under Article 150 (1) of the Federal Constitution again.”

He was responding to the many queries arising from the proclamation of Emergency under Article 150 (1) of the Federal Constitution.

One of the questions is: “What happens after Aug 1 when the Emergency lapses?”

Wan Junaidi, who is also the Santubong MP, said there is no such thing under the Federal Constitution or Malaysia’s law on the term of “the extension of the emergency”.

“If the Cabinet so decided that the Emergency is to be continued because of the Covid-19 pandemic, then, the Prime Minister will have to advise the Yang di-Pertuan Agong to declare another Emergency under Article 150 of the Constitution.

“This is because the existing Emergency will cease to have effect after its expiry on Aug 1.”