[UPDATED] New emergency law gives PM unfettered access to funds

KUALA LUMPUR – The prime minister, chief ministers, and menteris besar can now pass supplementary budgets and use consolidated funds without legislative approval during the state of emergency, according to a new emergency ordinance.

Before this, they would have had to seek a nod from Parliament and state assemblies to access such funds.

Outlined in the two new sections (10a and 10b) to the Emergency (Essential Powers) Ordinance 2021, it said that the federal Treasury, menteri besar, or chief minister can increase their budgets from the respective consolidated funds without approval from lawmakers.

The ordinance also grants the power to bypass paragraph 4(b) of the Government Funding Act 1983 and paragraph 2(2)(b) of the Treasury Bills (Local) Act 1946 on needing Dewan Rakyat approval for the spending of the consolidated funds.

The law stipulates that “any such expenditure or withdrawal from the Federal Consolidated Fund or the Consolidated Fund of a State may be made with the approval of the Treasury or Menteri or Chief Minister of a State”.

The provisions were enforced for as long as the emergency is in effect.

The current state of emergency is scheduled to end on August 1. However, it can be extended on the advice of the prime minister to the Yang di-Pertuan Agong.

Parliament and state legislative assemblies have been suspended since the emergency was imposed on January 11. Government critics have said the emergency stymied checks and balances to the executive branch of government.

On March 11, the federal government gazetted an ordinance that renders the “creation, offering, and publishing” of “fake news” related to Covid-19 unlawful, raising concerns over press freedom.

The Emergency (Essential Powers) (No. 2) Ordinance 2021 stipulates that any person who fails to comply will be liable to a fine not exceeding RM100,000 or a maximum three years of prison, or both.

This applies to any person who likely caused fear or alarm to the public by creating, offering, publishing, distributing, circulating, or disseminating any “fake news”.

Under the ordinance, “fake news” is defined as any news, information, data, and reports “which is wholly or partly false relating to Covid-19 or the proclamation of emergency, whether in the forms of features, visuals or audio recordings or in any other form capable of suggesting words or ideas”.

On January 15, the Emergency (Essential Powers) Ordinance 2021 was enshrined as federal legislation, giving wide-ranging powers to the government to enforce the emergency order.

The ordinance, which was promulgated by the Agong pursuant to Article 150, is deemed to have come into effect on January 11, the day the emergency proclamation was made.

It gives powers to the government to fine up to RM5 million any person who contravenes these sections or fails to comply with any demand or direction of the Agong or any person authorised by the king. Offenders may also face imprisonment not exceeding 10 years.

The ordinance bars legal action from being brought, instituted, or maintained in any court against the government and any appointed person carrying out in good faith the provisions in the said legislation.

The offences under the ordinance include contravening authorisation by the Agong for the temporary possession of any land, building or movable property, to be used in any manner that His Majesty or any authorised person believes expedient.

It is also an offence to not comply with demand for the use of any resources, including human, facilities, utilities, and assets, for any purpose deemed necessary.

Any compensation for the use of these properties or resources will be assessed by an authorised person and cannot be challenged.

Under the gazetted ordinance, the armed forces have all the powers of police as provided for under the Criminal Procedure Code, in addition to powers under the Armed Forces Act 1972. – The Vibes, March 31, 2021