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Putrajaya 'has revoked' all emergency ordinances, voting avoided

PARLIAMENT | De facto Law Minister Takiyuddin Hassan today said Putrajaya has cancelled all emergency ordinances that were promulgated this year.

"The government has decided, based on Article 150(3) (of the Federal Constitution), to cancel all emergency ordinances (formulated) during the proclamation of emergency.

"Hence, (the laws have been) revoked. Therefore, the issue of annulment (of the laws) is no longer relevant," he told the House.

This led to uproar from the opposition bench, who demanded that Takiyuddin explain when the ordinances were revoked and through what mechanisms.

After much protest from the opposition MPs, Takiyuddin said the revocation of the emergency ordinances took effect on July 21, which coincided with the last cabinet meeting.

As of 11.45am today, no new gazette has been issued on the Attorney-General's Chambers website on the annulment of the ordinances.

Without having to vote on the emergency ordinances, the Perikatan Nasional government has potentially saved itself from losing a vote, given that many of its members were absent today.

Some of the opposition MPs said the emergency ordinances must be annulled through Parliament as required by Article 150(3).



Dewan Rakyat speaker Azhar Azizan Harun

However, Dewan Rakyat Speaker Azhar Azizan Harun accepted Takiyuddin's explanation and thus told the opposition MPs that this Article 150(3) did not apply.

Gobind Singh Deo (PH-Puchong): Mr Speaker, according to Article 150(3), the decision on whether to extend the (validity) of the emergency ordinances belongs to the House. This is clear.

Azhar: Tak betul (not true).

Gobind: It is there. Allow me to read it. A proclamation of emergency and any ordinances promulgated under 2B, shall be laid before the House...

Azhar: Unless revoked earlier...

Gobind: Yes. Unless it is not revoked, it shall cease to have effect if resolutions are passed by both Houses.

Azhar: Unless revoked earlier...

Lim Guan Eng (PH-Bagan): When? When was it revoked?

Azhar: Let's not argue. Article 150(3) states that unless revoked earlier, it can be annulled by both houses.

Earlier, Takiyuddin explained to the House that Prime Minister Muhyiddin Yassin has received consent from the Yang di-Pertuan Agong to convene a special Dewan Rakyat sitting.

This has major significance because opposition MPs have been arguing that the sitting does not fulfil the decree by the Agong that a sitting is held to debate the proclamation of emergency and emergency ordinances, among others.

Under Parliament rules (Standing Order 11), the order of business for special sittings is the sole prerogative of the prime minister.

"Documents speak louder than words," said Takiyuddin, while showing the House a letter by the prime minister to the Dewan Rakyat speaker instructing for a special sitting.

Takiyuddin also assured the House that the executive does not intend to advise the Agong to issue any new proclamation of emergency.

This again has major significance because once the emergency expires on Aug 1, the laws suspending elections for the Sarawak legislature - which expired on June 6 - will no longer be in effect.