No justification for army to intervene in pandemic, say lawyers


Desmond Davidson

People who are out in the streets are advised by police to stay home if they have no reason to be out during the national shutdown to curb the spread of Covid-19. – The Malaysian Insight pic by Nazir Sufari, March 6, 2020.

SARAWAK lawyers have questioned Defence Minister Ismail Sabri Yaakob’s justification to deploy the army, even as a last resort, to enforce the restriction of movement order.

Dominique Ng said the use of the army in peacetime and in a civil environment is only justified when there is a breakdown in law and social order, such as widespread rioting and violence.

“There is no justification for the government to use the army in our current situation,” he said.

He said this in response to Ismail’s remarks on today that the army could be deployed if people do not comply with the 14-day restricted movement order that has been introduced to curb the spread of the coronavirus.

The defence minister had said that only about 60% of Malaysians were observing the order that came into effect yesterday.

“If we have no choice, if compliance remains at 60% or 70%, then I believe that there’s a big possibility that the army will be used,” he had said.

Ng said the the police are the rightful authority over civil matters in peacetime.

“The police are trained and equipped for all civil situations, even massive social unrest, mass demonstrations and civil disobedience.”

Ng, a civil and state rights activist, said the government however, could use the “massive assets” and manpower the army has to set up camps for use as temporary hospitals if there is a need, and

At most, the army could assist the police in supplementing manpower where there is a shortage, “ he said.

“In other words, their role would only at most be to assist and supplement the relevant authorities in facing the current pandemic.”

Francis Teron said the government could only call in the army if the Agong had declared an emergency.

“No emergency, no army. Unless there is (a declaration by the) Agong, the army has no business in civil emergencies.”

Teron said the army could assist the police to beef up security but it does not have power to enforce the law.

There is police presence in most of the Sarawak’s cities and towns. People who are out in the streets are advised to stay home if they have no reason to be out.

In Kuching, a number of roadblocks have appeared.

“We are putting up the roadblocks to stop and advise motorists on the need to comply with the movement restriction order,” Kuching police chief Awang Din Awang Gani told The Malaysian Insight.

He said those who have no business being out would be asked to go home.

He denied claims circulating on the social media that the police will only be “tolerant tonight” and will start arresting those who flout the order tomorrow. – March 19, 2020.


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Comments


  • As usual, want to show off or interpret the law the Umno way

    Posted 6 years ago by S L · Reply

  • Another clear example of the need for IPCMC to reform the Royal Malaysian Police as recommended by the Royal Commission. Until this is in place the police will not be getting their appropriate training, be disciplined and continue be ineffective.

    Posted 6 years ago by Loyal Malaysian · Reply

  • I personally regret on the previous health minister who did view the seriousness of covid19. Even at the time WHO had issued a stern warning about the virus high infection rate and mortality. Then we are lucky to the current administration that takes this matter very serious. Army intervention suggestion is about taking this control to the next level and it is really necessary as we are short of resources to control more than 30 million people plus migrants and foreign workers. I cannot imagine which part of the brain of these lawyers saying that there is no justification. Weird.

    Posted 6 years ago by Snow attitudes · Reply