THE proclamation of emergency and its ordinance must be brought to Parliament as soon as possible, said a group of 10 former presidents of the Malaysian Bar. 

“It is very troubling the government has set a dangerous precedent for the use of proclamations when the requisite conditions are not met under the constitution. 

“This is unacceptable in a country that is built on the bedrock of democratic principles and the rule of law. 

“It is therefore imperative both the proclamation of emergency and the ordinance be laid before Parliament, as soon as possible,” they said in a statement today. 

The statement was signed by former presidents Param Cumaraswamy, Zainur Zakaria, Cyrus V. Das, Mah Weng Kwai, Kuthubul Zaman, Yeo Yang Poh, Ambiga Sreenevasan, Ragunath Kesavan, Christopher Leong and Steven Thiru. 

They added that under Article 150(1) of the federa; constitution, a proclamation of emergency should only be called in situations where a grave emergency exists, namely where the security, economic life, or public order in the country is threatened. 

“It must never be sought lightly because it is anti-democratic and effectively suspends the rule of law. 

“Such a proclamation throws the country into a legal abyss where all power resides in the executive.” 

They said the government can effectively control the Covid-19 pandemic with the Prevention and Control of Infectious Diseases Act 1988, which allows for movement-control orders to contain the disease, and for most businesses to continue to operate. 

Hence, the use of a proclamation of emergency and ordinance are “a step too far”, they said. 

They said the wide powers given to the government under the Emergency Ordinance were also alarming. 

“It gives unrestricted power over person and property. Among other things, it allows for the forcible taking of possessions of land, building or property by the government with a RM5 million fine or 10 years’ jail sentence for a refusal to comply. 

“The assessment of compensation is not by the courts and cannot be challenged in court. It also allows for the army to be given powers of search, detention and arrest equivalent to that exercised by the civilian police. 

“The most egregious provision is the suspension of the sitting of Parliament and the state legislative assemblies. There appears to be no justifiable reason to do so. 

“All it does is that it insulates the executive from accountability,” said the group. 

As such, they said the government must present the proclamation and ordinance in Parliament, allowing both Dewan Rakyat and Dewan Negara to pass or annul them. 

Under Article 150(3) of the federal constitution, a proclamation of emergency and any ordinance passed under Article 150(2B) has to be approved by both houses of Parliament or will cease to have effect.

The government has announced the emergency until August 1 to stop the spread of Covid-19, a move which the opposition said was actually to safeguard Prime Minister Muhyiddin Yassin’s embattled government.

Under the emergency, Parliament and state assemblies won’t be sitting, while elections are also not allowed. – January 17, 2021.