The Malaysian Insight

THE Perikatan Nasional government does not need to table the Emergency Proclamation and its ordinances in Parliament after they were revoked, said Speaker Azhar Azizan Harun, just as Istana Negara issued a statement that the king was unaware of the issue.

Azhar said that this is based on his understanding of Article 150 (3) of the federal constitution.

“There are three elements in Article 150 (3). The first is that the Emergency Proclamation and its ordinances have to be laid in Parliament, unless they are revoked earlier.

“And that both the houses (Dewan Rakyat and Dewan Negara) may resolve to annul them.

“The constitution is very specific and the words are chosen deliberately. As such, the emergency laws only need to be laid and not tabled,” he said this morning.

Azhar’s statement came just before Istana Negara issued a statement that Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah had expressed disappointment with the government’s announcement on Monday.

The king also said that he was not informed the government had intended to act in this manner.

Using Article 100 and the 13th Schedule as examples, Azhar said the words “laid before Parliament” means that Parliament does not have to debate and approve the emergency ordinances, reports or financial statements respectively.

“Hence, it is up to the government to decide whether to lay or table the Emergency Proclamation and its ordinances in Parliament (after they have been revoked),” said Azhar, explaining why he had rejected motions by the opposition to compel the government to table the Emergency Proclamation and its ordinance for debate.

He was also responding to Hassan Karim (Pasir Gudang-PH), who had asked the government to follow due procedure and table the legislation for debate.

Citing Article 150 (3), Azhar had rejected opposition leader Anwar Ibrahim (Port Dickson-PH) and Ngeh Koo Ham’s (Beruas-PH) motions several days before Minister in the Prime Minister’s Department (Law and Parliament) Takiyuddin Hassan told Parliament on July 26 that the government had decided to cancel the ordinances five days previously.

The Perikatan Nasional government is believed to have revoked the Emergency ordinances after the Malay Sultans said that the Emergency should not be extended after August 1.

The government, led by Prime Minister Muhyiddin Yassin, is also believed to have cancelled the ordinances to avoid facing a vote in Dewan Rakyat, after Umno withdrew its support for Muhyiddin earlier this month.

Muhyiddin is also widely believed to have lost the majority in Dewan Rakyat and thus appears to be attempting to avoid any situation requiring a parliamentary vote.

Responding to Azhar, Gobind Singh (Puchong-PH) urged the speaker to let Parliament decide, as there is a difference of opinions on whether the legislation should still be tabled in Parliament after they are revoked.

He said that the Teh Cheng Poh vs PP case noted that the Emergency Proclamation can only be made by the king and not the government.

“As we have a difference of opinions, the Speaker should let Parliament debate and decide this,” said the former multimedia and communications minister.

Former youth and sports minister Syed Saddiq Abdul Rahman also urged Azhar to allow a debate.

“The precedence we set today will be a dangerous one for future dictators. When a future prime minister has lost support, he will seek an emergency and then not allow Parliament to review it.

“This is setting aside the powers of the king and the Malay rulers,” said the Muar MP.

Azhar concluded the discussion by noting that he had no power to decide whether to allow the debate.

“Parliament’s agenda is set by Muhyiddin as stated in Standing Orders 11 (3). My powers cannot be inconsistent with this,” said the former lawyer. – July 29, 2021.