Beruas MP Ngeh Koo Ham has filed four motions seeking the annulment of the proclamation of emergency and three emergency ordinances during the special Dewan Rakyat sitting on Monday.
In a statement today, Ngeh revealed that the motions were filed on July 19 and Dewan Rakyat speaker Azhar Azizan Harun must comply because Article 150(3) of the Federal Constitution requires the aforementioned laws to be scrutinised by Parliament.
“Breaching Article 150(3) of the Federal Constitution is tantamount to breaching (the speaker’s) oath of office.
“The rights conferred on members of both Houses of Parliament to decide on the proclamation of emergency and the emergency ordinances by the Federal Constitution must be honoured and the Dewan Rakyat speaker has no power whatsoever to take away these rights.
“If Azhar tries to deny the members of Parliament the rights conferred by the Federal Constitution, we may be compelled to file a motion to remove him as the Dewan Rakyat speaker,” said Ngeh.
Article 150(3) of the Federal Constitution states:
A Proclamation of Emergency and any ordinance promulgated under Clause (2B) shall be laid before both Houses of Parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed by both Houses annulling such Proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the Yang di-Pertuan Agong to issue a new Proclamation under Clause (1) or promulgate any ordinance under Clause (2B).
Should Parliament fail to annul the proclamation or ordinances, the emergency ordinances shall be in effect for another six months, by virtue of Article 150(7) of the Federal Constitution, after the expiry of emergency on Aug 1.
The three emergency ordinances which Ngeh is seeking to annul are:
Emergency (Essential Powers) Ordinance 2021 – A wide-ranging law allowing government to seize private property, granting additional powers to the armed forces, suspending elections and suspending legislatures.
Emergency (Essential Powers) (No.2) Ordinance 2021 – law dealing with “fake news”.
Emergency (Prevention and Control of Infectious Diseases)(Amendment) Ordinance 2021 – allows of a penalty of up to RM100,000 and seven years’ jail for breaching Covid-19 protocol.
So far, all indications from Putrajaya were that it has no intention of having emergency ordinances debated and voted on when the Dewan Rakyat reconvenes for five days beginning July 26.
The agenda for the subsequent 15-day sitting beginning Sept 6 also does not include debates on the emergency ordinances. Instead, this sitting will focus on the 12th Malaysia Plan.
The last sitting for the year will begin on Oct 25, lasting 32 days and spanning well into December. This sitting is for the tabling of Budget 2022. – Malaysiakini