Malaysia

Former Miri mayor says emergency threatens Sarawak’s rights

Veteran lawyer urges ruling GPS state government to seek exemption from national state of emergency

Updated 5 years ago · Published on 13 Jan 2021 5:41PM

Former Miri mayor says emergency threatens Sarawak’s rights
Veteran Sarawak lawyer and former Miri mayor Datuk Lawrence Lai says the emergency declaration is unwarranted for Sarawak because the state’s Covid-19 figures are not as bad as the rest of the country. – Pic courtesy of Datuk Lawrence Lai, January 13, 2021

by Stephen Then

MIRI – The Sarawak state government has been told to seek permission from the Yang di-Pertuan Agong for the state to be exempted from the national emergency.

Former Miri mayor, Datuk Lawrence Lai, said the ruling Gabungan Parti Sarawak (GPS) coalition should seek an audience with the king urgently on this. 

Lai told The Vibes that Sarawak may face many possible negative legal consequences to its rights if it allows itself to be covered by the national emergency, which is in place till August or when the Covid-19 outbreak across Malaysia is brought under control.

Lai, a former vice-president of the Sarawak Advocates Association and former chairman of its Miri branch, said Sarawak can seek exemption as the Covid-19 situation is not as grave as that in Peninsular Malaysia or Sabah.

“There are many serious questions to ponder with regards to the declaration of national emergency yesterday (January 12),” he said in an interview today

“Firstly, the reason given by the prime minister that it is to control Covid-19 is inconsistent with his own earlier announcement of the movement control order (MCO), conditional MCO (CMCO) and recovery MCO (RMCO).

“Once we have MCO, CMCO and RMCO already in effect, there is no need anymore for a nationwide emergency,” he said.

“It therefore raises suspicions on whether the emergency is really for public health protection or a political agenda to suspend Parliament and the general election and impending Sarawak state election.

“As for Sarawak, it’s one of the best Covid-19 controlled states, if not the best, except for the last week where Covid-19 exploded,” he added.

“Sarawak GPS should object to emergency being declared in Sarawak, or else the state legislative assembly and all government agencies, including the state disaster management committee, will also be suspended.

Lai noted that under the Sarawak State Constitution, the next state polls must be on or before August 7 this year.

He also said Prime Minister Tan Sri Muhyiddin Yassin can pass any law under the emergency ordinance which may be against the interest of Sarawakians.

He said for example that laws can be created which can affect Sarawak’s autonomy, immigration rights, state sales tax and land laws, oil and gas ownership, with far-reaching consequences.

“There is no grave emergency situation in Sarawak as of today to justify an Emergency,” he said.

Lai said the Agong may declare a state of emergency under Article 150(1) of the federal constitution if a major threat to the security or economic life or public order in the federation or any part thereof exists.

He noted that three grounds can be used by the king to make a declaration of emergency, if there is a threat to national security, economic life or public order.

“However, an emergency can be declared on the whole of the federation or any part of federation under Articles 150(1) and (2)

“GPS should point out that an emergency can be declared in any part of Malaysia, but not necessarily throughout Malaysia.

“Sarawak should definitely be excluded especially in view of the (upcoming) 12th state election,” he said

Lai also stressed that if the state assembly is dissolved automatically before a state election can be held, Sarawak will not have a legal state government.

“Sarawak will come under the direct rule of the prime minister, depriving the state government of  vital constitutional rights and autonomy of Sarawak,” he said.

Lai said the GPS coalition parties of Parti Pesaka Bumiputra Bersatu (PBB), Sarawak United Peoples Party (SUPP), Parti Rakyat Sarawak (PRS) and Progressive Democratic Party (PDP) must react fast now to get Sarawak exempted from the emergency. – The Vibes, January 13, 2021

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