PARLIAMENT should convene as soon as possible to enable proper discussion of the Emergency Ordinance and Malaysia’s Covid-19 recovery plan, the Yang di-Pertuan Agong (the King) said on Wednesday.

“After refining all the views of the leaders of political parties, the 2021 Independent Emergency Special Committee and briefing experts from Government agencies, His Majesty expressed the view that Parliament should be convened as soon as possible…to enable the Emergency Ordinances and the National Recovery Plan to be debated by the Members of the House of Representatives,” Controller of Royal Household Datuk Indera Ahmad Fadil Shamsuddin said in a statement conveying the King’s views.

Since then, many have weighed in that the King can call for the Parliament sitting, to the extent “esok pun boleh” (it can be tomorrow). I’m curious how Parliament can be convened that immediately.

To my mind, the King’s statement or decree as announced by the Controller of Royal Household cannot be likened to the announcement by the Keeper of the Ruler’s Seal on when Muslims in Malaysia will celebrate Hari Raya Aidilfitri or Hari Raya Aidiladha. The announcement usually reads as follow:

“In keeping with the command of the Yang di-Pertuan Agong, following the consent of the Rulers, I hereby declare that the date for Hari Raya Aidilfitri/Aidiladha for the states in Malaysia has been set for….”

With that, mosques can be opened on the declared date for the Hari Raya prayers – in times of Covid-19, with strict observance of the standard operation procedures for sure.

An oral announcement suffices.

There are, however, formalities to the call for Parliament to sit, just like the formalities to proclaim a state of emergency. Article 150(1) of the Federal Constitution does not require the proclamation be issued in any particular form. It says that the King “may issue a Proclamation of Emergency making therein a declaration to that effect.”

But the accepted view is the proclamation must be in document form and published. As a matter of fact, all the proclamations in respect of the four previous emergencies – 1964, 1966, 1969 and 1977 – and the January 11 proclamation have been in document form and published in the Gazette. And the proclamations have all taken effect from the date of publication in the Gazette.

By definition, a proclamation is a subsidiary legislation (Section 3 of the Interpretation Acts 1948 and 1967). Cyrus Das, in his doctoral thesis “Emergency Power and Parliamentary Government in Malaysia: Constitutionalism in a New Democracy” explains that the proclamation of Emergency is a legal instrument and must be published in the Gazette, and takes effect only upon publication in the Gazette.

Now, the call for Parliament to sit can be made by way of proclamation to summon Parliament under Article 55(1). A situation where proclamation to summon is used is where Parliament has been prorogued. Proroguing Parliament is also by way of proclamation and made under Article 55(2).

The current Parliament last sat on December 17. It was adjourned and not prorogued as there seems to be no proclamation of proroguing Parliament which would have been gazetted. Parliament was in fact adjourned to March 8 as published on its website before the date was removed as the date was no longer valid with the enforcement of the Emergency (Essential Powers) Ordinance 2021. 

The other way to call for Parliament to sit is under the Dewan Rakyat Standing Orders. The Standing Order No. 11(2) requires the prime minister to give at least 28 days’ notice for Parliament to convene.

However, if the prime minister represents to the Dewan Rakyat Speaker that the public interest requires that the Dewan Rakyat should meet at an earlier date, the Speaker must give notice forthwith and the Dewan Rakyat must meet at the time stated in such notice. The business set down for that day must be appointed by the prime minister and notice thereof must be circulated not later than the time of meeting [Standing Order No. 11(3)].

In short, there are formalities to call for Parliament to sit. The reason or reasons are not rocket science. The MPs must be notified in writing of the dates of meeting of the Dewan Rakyat, although in cases of urgency as may be determined by the Speaker, notice may be dispensed with. Even so, the longest notice possible must be given.

MPs need also be supplied with a copy of the Order Paper for that meeting. Each sitting must be transacted in the order as provided by Standing Order No. 14. Parliamentary meetings are unlike one’s coffee-shop meeting.

On a more serious note, Parliamentary sitting is also unlike a court sitting which may proceed ex parte (only one party is before the court). Parliament must sit with a quorum [Standing Order No. 13 (1)].

Now, even if the King was to summon Parliament by way of proclamation under Article 55(1), the longest notice possible must be given.

It cannot be tomorrow. – June 18, 2021.

* Hafiz Hassan reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.