THE government and its officers are protected from legal suits or prosecution while carrying out their duties under the Emergency (Essential Powers) Ordinance 2021 to combat the Covid-19 pandemic, the emergency ordinance stated.

The ordinance was promulgated by the Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah at the Istana Abdulaziz in Indera Mahkota, Kuantan yesterday.

“No action, suit, prosecution or any proceeding shall be brought, instituted and maintained in any court against the government, any public officer or any person appointed in carrying out the provision of this ordinance,” clause 10 of the ordinance read.

This covers all public officials or persons appointed by the king to issue directions related to managing the Covid-19 pandemic under the Prevention and Control of Infectious Disease Act.

The ordinance also empowered the armed forces with more powers in addition to that provided under the Armed Forces Act.

Members of the armed forces will have all the powers of a police officer or whatever rank as provided for in the Criminal Procedure Code.

Offences committed during the emergency, which include failing to comply with the direction of the Yang di-Pertuan Agong, which allows authorities to use resources or possess land, building and movable property, will carry a penalty of fine not more than RM5 million or imprisonment not exceeding 10 years or both.

The compensation for the use of resources and land, building and movable property possessed will be determined by the authorised personnel appointed by the king.

Parliament and state assembly sittings will also be cancelled. The powers under the ordinance shall be in addition to the powers of written laws.

The ordinance will also supersede the written laws in case there is a conflict or inconsistency between the provisions of the written laws and ordinance.

Prime Minister Muhyiddin Yassin announced the state of emergency on Tuesday after receiving the Yang di-Pertuan Agong’s consent to curb the rising number of Covid-19 cases.

Muhyiddin said the emergency won’t affect the state and federal government administrations.

“The king, however, can enact further emergency ordinances to control the Covid-19 pandemic,” the prime minister had said. – January 15, 2021.