JUNE 12 To be honest, Jason Loh’s “Whither the National Operations Council (NOC)?” wasn’t an easy read. Needless to say, the shortcomings are mine. But this much is clear from Jason: the Yang Di-Pertuan Agong (YDPA) is a constitutional monarch. He acts on advice [Article 40(1) of the.
Tuesday, 02 Mar 2021 05:12 AM MYT
BY KENNETH TEE
Prime Minister Tan Sri Muhyiddin Yassin is pictured at Parliament in Kuala Lumpur July 20, 2020. Picture by Yusof Mat Isa
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KUALA LUMPUR, March 2 Prime Minister Tan Sri Muhyiddin Yassin is the person who must decide when Parliament should meet despite the Emergency Ordinance saying it was the Yang di-Pertuan Agong who convenes the federal legislature, constitutional lawyers explained.
They noted that while Section 14(1)(b) of the Emergency (Essential Powers) Ordinance 2021 empowered the Agong to convene Parliament, the Federal Constitution states that he only does so on the advice of the prime minister.
SINCE independence in 1957, Malaya/Malaysia has experienced three national Emergencies – Indonesian confrontation (1964), May 13 (1969), and the Covid Emergency declared on Monday. In addition, there have been five localised Emergencies – Sarawak (1966), Kelantan (1977), Batu Sapi, Grik and Bugaya (2020).
Definition: Under Article 150(1), the term “emergency” refers to threats to the security, economic life or public order of the Federation or any part thereof.
In Stephen Kalong Ningkan (1968), it was held that “emergency” includes wars, famines, earthquakes, floods, epidemics and collapse of civil government.
The Covid-19 pandemic clearly qualifies as an Emergency.
However, whether it could have been adequately combated under the National Security Council Act and the Infectious Diseases Control Act is a matter of opinion.