The Prime Minister’s Department has released a media statement announcing that the Government has agreed to advise the Yang di-Pertuan Agong (“YDPA”) to summon Parliament.[1]
The lower house of Parliament (Dewan Rakyat) is scheduled to sit for 5 days from 26th July 2021 to 29th July 2021, and 2nd August 2021, while the upper house of Parliament (Dewan Negara) is scheduled to sit for 3 days from 3rd August 2021 to 5th August 2021.
Pursuant to Article 150(3) of the Federal Constitution, the Proclamation of Emergency and ordinances made pursuant to the Proclamation will be laid before both Houses of Parliament.
The ordinances which have been promulgated by the YDPA thus far, include the following:
i. Emergency (Essential Powers) Ordinance 2021;[2]
ii. Emergency (Essential Powers) (No. 2) Ordinance 2021;[3] and
iii. Emergency (Essential Powers) (Amendment) Ordinance 2021.[4]
What could happen to the Proclamation and/or ordinances?
Article 150(3) of the Federal Constitution empowers Parliament to annul the Proclamation and/or the ordinances.
However, Parliament’s powers to annul the Proclamation of Emergency is inconsequential with the Emergency scheduled to only last until 1st August 2021.[5]
By the time any annulment resolution is tabled, debated, and passed, the Proclamation of Emergency would have ceased to be in force (presuming there is no extension to the current Proclamation or the issuance of a new Proclamation).
The ordinances, however, as a general rule, will only cease to have effect six months after the Proclamation of Emergency ceases to be in force.[6]
Parliament could, during the upcoming sitting, annul the ordinances made and the ordinances would cease to have effect sooner than the six months general rule.[7]
Further ordinances?
The ordinances which have been promulgated thus far have been promulgated by the YDPA since both Houses of Parliament are/were not sitting concurrently.[8]
In the upcoming parliamentary sitting, strictly speaking, the Dewan Rakyat and Dewan Negara are not sitting concurrently (i.e. at the same time).[9]
This would mean that, in theory, one could argue that the YDPA could still promulgate ordinances even while the upcoming parliamentary sitting is underway.
However, in view of our constitutional structure, the YDPA (as a constitutional monarch) would not likely do so.
Additionally, historically, the Dewan Rakyat and Dewan Negara rarely sit concurrently. In reality, the Dewan Negara almost always has its sitting after the Dewan Rakyat.
In view of the above, there will unlikely be any further ordinances promulgated once the Dewan Rakyat begins its sitting on 26th July 2021.
[1] Pejabat Perdana Menteri. “Kenyataan Media Pejabat Perdana Menteri.” 2021, https://www.facebook.com/112183975526837/posts/4180806418664552/. Accessed 5 July 2021.
[2] Attorney General’s Chambers. “Emergency (Essential Powers) Ordinance 2021.” P.U. (A) 12/2021, 2021, https://lom.agc.gov.my/ilims/upload/portal/akta/outputp/pua_20210114_PUA12.pdf. Accessed 5 July 2021.
[3] National Security Council. “Emergency (Essential Powers) (No. 2) Ordinance 2021” P.U. (A) 110/2021, 2021, https://asset.mkn.gov.my/web/wp-content/uploads/sites/3/2021/03/Ordinan-Anti-Berita-Tidak-Benar-20211.pdf. Accessed 5 July 2021.
[4] Attorney General’s Chambers. “Emergency (Essential Powers) (Amendment) Ordinance 2021.” P.U. (A) 151/2021, 2021, https://lom.agc.gov.my/ilims/upload/portal/akta/outputp/pua_20210331_PUA151.pdf. Accessed 5 July 2021.
[5] See the Proclamation of Emergency issued on 11th January 2021 [Attorney General’s Chambers. “Proclamation of Emergency.” P.U. (A) 7/2021, 2021, (https://lom.agc.gov.my/ilims/upload/portal/akta/outputp/pua_20210112_PUA%207.pdf. Accessed 5 July 2021]; see also Choong, Jerry. “Malay Rulers decree that Emergency need not be extended beyond August 1.” 16 June 2021, https://www.malaymail.com/news/malaysia/2021/06/16/malay-rulers-decree-that-emergency-need-not-be-extended-beyond-august-1/1982717. Accessed 5 July 2021.
[6] Article 150(7) of the Federal Constitution.
[7] Article 150(3) of the Federal Constitution.
[8] Article 150(2B) of the Federal Constitution.
[9] The Free Dictionary by Farlex. “Concurrent.” https://legal-dictionary.thefreedictionary.com/Concurrent#:~:text=Simultaneous%3B%20converging%3B%20of%20equal%20or%20joint%20authority.&text=Running%20together%3B%20having%20the%20same,each%20has%20the%20same%20jurisdiction. Accessed 5 July 2021.
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