KUALA LUMPUR – The Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah today proclaimed an emergency that will be enforced up to August 1 as a proactive measure to contain the worsening Covid-19 pandemic in Malaysia.
It is the ninth emergency that has ever declared in the country’s history.
Constitutional expert Datuk Dr Wan Ahmad Fauzi Wan Hussain said Article 150 (1) of the Federal Constitution stated that the King has the power to declare a state of emergency if security, economic life or public order is threatened.
He said under Article 150 (2), a proclamation of emergency may be issued before the actual occurrence of the event which threatens the national security, economic life, or public order if the Yang di-Pertuan Agong is satisfied that there is imminent danger of the occurrence of such event.
“There are three grounds that can be used by the Yang di-Pertuan Agong to make a declaration of emergency, that is if it is a threat to national security; or economic life; or public order,” he said when contacted by Bernama.
Dr Wan Ahmad Fauzi said if the proclamation is made when both the Houses of Parliament are not sitting concurrently, the Yang di-Pertuan Agong can then promulgate a law, called an Ordinance, if he is satisfied that certain matters or circumstances exist which render it necessary for him to take immediate action.
However, he said it is subject to Article 150 (6A), in which Parliament is not allowed to make an emergency Ordinance on certain things such as Islamic Law, Malay customs, or law that are not in line with the provisions of the Constitution in matters relating to religion, citizenship or language
Following is the chronology of emergency proclamations in Malaysia:
Malayan Emergency (1948-1960)
The Malayan Emergency was declared by the British in Malaya (Peninsular Malaysia) in 1948 and lasted until 1960 to counter the insurgency of Parti Komunis Malaya (PKM).
Indonesia-Malaysia Confrontation (1964)
The Indonesia-Malaysia confrontation is a conflict that stemmed from Indonesia’s opposition against the formation of Malaysia.
First Malaysian Prime Minister Tunku Abdul Rahman Putra Al-Haj declared a state of emergency when the Indonesian army invaded the Malaysian border.
Sarawak (1966)
The government declared a Proclamation of Emergency in Sarawak on Sept 14, 1966 following a political crisis involving the Federal government and the first Sarawak Chief Minister Tan Sri Stephen Kalong Ningkan.
Racial riot May 13 (1969)
The May 13 racial riot incident took place in 1969 following provocations triggered after the Malaysian general election.
Parliament was suspended and the National Operations Council (MAGERAN) was established to restore peace and stability in the country.
Kelantan (1977)
An emergency was declared by the Yang di-Pertuan Agong Sultan Yahya Petra who was also the then Sultan of Kelantan on November 8, 1977.
The declaration was made following a political crisis involving the then Kelantan Menteri Besar Datuk Muhammad Nasir.
Haze (1997, 2005, 2013)
Apart from emergencies caused by political issues and inter-racial conflicts, haze emergencies were also declared in 1997 (Sarawak), 2005 (Klang) and 2013 (Muar and Ledang).
The emergency was declared after air pollution reached dangerous levels.
Batu Sapi Parliamentary Constituency Emergency (2020)
Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah on Nov 18, 2020 made a Proclamation of Emergency for the Batu Sapi Parliamentary constituency, in effect cancelling the by-election for the seat.
The Declaration of Emergency Proclamation for P.185 Batu Sapi, Sabah was implemented as a proactive step to curb the spread of Covid-19.
Gerik Parliamentary and Bugaya State Constituencies Emergency (2020)
The Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah made a Proclamation of Emergency for the Gerik parliamentary constituency in Perak and Bugaya state constituency in Sabah on December 16, 2020.
The by-elections for both seats, which were scheduled to be held simultaneously on January 16, 2021, were subsequently cancelled and postponed.
Declaration of Emergency Proclamation (2021)
The King, Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah today proclaimed an emergency that will be enforced up to Aug 1 as a proactive measure to contain the worsening Covid-19 pandemic in Malaysia.
Al-Sultan Abdullah also consented to a government proposal to set up an independent committee that will make recommendations to His Majesty if it deems fit that the emergency can be withdrawn much earlier than August 1. – Bernama, January 12, 2021
