KOTA KINABALU – There is no need to proclaim a state of emergency because of Covid-19 as there are already enough laws to deal with the ongoing crisis, says Sabah Law Society (SLS).
SLS president Roger Chin said the ongoing pandemic does not represent an emergency as envisaged in Article 150 of the Federal Constitution as none of the special powers under the provision is required to deal with the present situation.
He said Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid-19) Act 2020 and the Prevention and Control of Infectious Diseases Act was enacted precisely to deal with infectious diseases and is sufficient to manage the ongoing health crisis.
“The SLS maintains its faith in the health authorities and medical personnel who are working tirelessly to safeguard the health of all Malaysians.
“The SLS calls on all citizens to abide with directions and procedures issued by the health authorities,” he said here today in reaction to speculations that a declaration of emergency would be made in the face of the Covid-19 crisis.
Chin says the country’s politicians should adhere to Yang Di Pertuan Agong’s advice to not drag the nation into uncertainty and focus instead on the well-being of all Malaysians and support the medical frontliners.
According to Chin, an emergency declaration would mean the federal government can expand its authority including encroaching upon state jurisdiction in accordance with Article 150 (4).
Among others, implications under the emergency rule mean that a law can be enacted without going through the processes of Parliament, a law that violates the constitution could also be approved.
A proclamation of emergency can only be done where there is grave emergency to the security, economic life or public order and as under Article 150 (8) (b), the courts shall have no jurisdiction to entertain applications relating to the validity of a proclamation of emergency.
“The SLS is of the view that, to the best of its knowledge, no such grave emergency or threat of grave emergency exists,” he said. – The Vibes, October 24, 2020
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