MM Online - What would an ‘emergency’ in Pasir Gudang entail? Lawyers explain (extracts)
KUALA LUMPUR, March 14 — Parliament is set to debate a motion to declare an emergency in Pasir Gudang, Johor, later today, as the number of victims from an illegal toxic waste dumping continues to rise.
Opposition parties Umno and PAS have stepped up calls for the declaration despite assurances from Johor Mentri Besar Datuk Osman Sapian, but how would an emergency affect those in the area?
Speaking to Malay Mail, civil liberties lawyer Syahredzan Johan explained that it would likely be a “disaster emergency” rather than a Proclamation of Emergency as stipulated in Article 150 of the Federal Constitution that would result in a curfew.
“This is a different sort of emergency than the one provided for under the Constitution.
“It is a ‘disaster emergency’ where the State is not given extra powers or authority,” said Syahredzan, who is also the political secretary to Iskandar Puteri MP Lim Kit Siang.
Syahredzan said a “disaster emergency” can be declared under National Security Council’s Directive No. 20 to streamline federal agencies’ handling of the situation on the ground.
The directive — which handles the policy and mechanism of national disaster management and relief — outlines the role of the government agencies, lawmakers, private parties and volunteering bodies that are present throughout the disaster, he said.
He added that in the case of a disaster emergency, these measures would be taken to ensure resources can be directed efficiently and effectively, so the disaster can be swiftly resolved.
“This emergency does not mean there will be curfews and so on. The daily lives of Johor and Pasir Gudang folks will not be affected, if they’re not in the impacted areas,” he explained in a separate Facebook post.
[...]
However, several lawyers pointed out that Putrajaya could still invoke Article 150 of the Federal Constitution as very serious environmental contamination in a large area is tantamount to a “grave emergency”.
Article 150 states that: “If the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a proclamation of emergency making therein a declaration to that effect.”
Opposition parties Umno and PAS have stepped up calls for the declaration despite assurances from Johor Mentri Besar Datuk Osman Sapian, but how would an emergency affect those in the area?
Speaking to Malay Mail, civil liberties lawyer Syahredzan Johan explained that it would likely be a “disaster emergency” rather than a Proclamation of Emergency as stipulated in Article 150 of the Federal Constitution that would result in a curfew.
“This is a different sort of emergency than the one provided for under the Constitution.
“It is a ‘disaster emergency’ where the State is not given extra powers or authority,” said Syahredzan, who is also the political secretary to Iskandar Puteri MP Lim Kit Siang.
Syahredzan said a “disaster emergency” can be declared under National Security Council’s Directive No. 20 to streamline federal agencies’ handling of the situation on the ground.
The directive — which handles the policy and mechanism of national disaster management and relief — outlines the role of the government agencies, lawmakers, private parties and volunteering bodies that are present throughout the disaster, he said.
He added that in the case of a disaster emergency, these measures would be taken to ensure resources can be directed efficiently and effectively, so the disaster can be swiftly resolved.
“This emergency does not mean there will be curfews and so on. The daily lives of Johor and Pasir Gudang folks will not be affected, if they’re not in the impacted areas,” he explained in a separate Facebook post.
[...]
However, several lawyers pointed out that Putrajaya could still invoke Article 150 of the Federal Constitution as very serious environmental contamination in a large area is tantamount to a “grave emergency”.
Article 150 states that: “If the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a proclamation of emergency making therein a declaration to that effect.”
“Such proclamation of emergency must also be tabled in Parliament. Hence, it is often only in the most serious of circumstances with immediate threat to national security or order which is worth an emergency,” said lawyer Lim Wei Jiet.
Another lawyer, Surendra Ananth, also noted that the requirements for a “grave emergency” are to be construed broadly and can include the incident in Sungai Kim Kim.
“The implications if this is done in the current scenario are that the authority of the Federal Government will extend to any matter within the power of the Johor State Government,” Surendran explained.
I don't like the smell of this (pun NOT intended).
Another lawyer, Surendra Ananth, also noted that the requirements for a “grave emergency” are to be construed broadly and can include the incident in Sungai Kim Kim.
“The implications if this is done in the current scenario are that the authority of the Federal Government will extend to any matter within the power of the Johor State Government,” Surendran explained.
I don't like the smell of this (pun NOT intended).
If it is only a "disaster" emergency involving toxic pollution in a limited area (part of a State), the "disaster" emergency can be declared under National Security Council’s Directive No. 20 and needn't involve Parliament.
Yes, where the security of the nation is NOT affected, then it needn't involve Parliament to request the Agong proclaim an Emergency as stipulated in Article 150 of the Federal Constitution that would result in a curfew.
Lawyer Lim Wei Jiet advised, “Such proclamation of emergency [ie. under Article 150 of the Federal Constitution] must be tabled in Parliament. Hence, it is often only in the most serious of circumstances with immediate threat to national security or order which is worth an emergency.”
I dread the thought of a National Emergency proclaimed under Article 150, especially with a PM like Bapak 'Ops Lalang'.
Let's not get carried away.
Toonsie will visit the site soon and I am sure KT will find something sinister in that, like “is he finding a way to channel the smelly water to SGP?”
ReplyDeleteKPI ler
DeleteThe government's response in Pasir Gudang has been too slow and weak.
ReplyDeleteBlack Eye to Pakatan Harapan State and Federal Governments.
Some extreme disasters in liberal democratic countries.
In 1976, after the leak of long-lived toxic chemicals from a Pesticide plant in Seveso, the Italian Government employed emergency powers to order the permanent evacuation of the entire town and surroundings. It remains depopulated more than 40 years later, and will probably remain for another century.
The Japanese Government used emergency powers to evacuate the entire territory around the Fukushima reactor. It may have to remain unpopulated for centuries.
Sometimes , democratic governments have to resort to authoritarian power for the common good.
I hope we are not there yet.
Since everything in Malaysia eventually boils down to racial issues, might as well start here.
ReplyDeleteThe polluting culprit is a Chinapek rubber tyre recycling company. They dumped the contaminated used chemical to avoid the expensive charges that need to be paid to have these disposed of properly. The chemicals by themselves are not that nasty, but mixed with the water in the river, they produced toxic fumes.
All the victims have been Malays, teachers and schoolchildren. This is largely a working-class Malay industrial neighbourhood.
There is growing Malay anger at the Pakatan Harapan's lackadaisical and tepid response to the emergency.
Especially the DAP Environment Minister who was busy getting married to a Chinese tycoon's son.
Looks like we need a regime change.
Adoi, if only the Environment Minister had married a Malay tycoon's son ( since everything 'eventually boils down to racial issues, right ?). If she had married a Malay, dan sudah "Masuk Melayu", then she would not be accused of being too busy getting hitched, wakakakaka. If only this DAP woman had the sense NOT to get married with such wrong timing, then all the Malay victims of this incident would not have suffered more ? hehehehe.
DeleteBtw...the 'Cinapek' should have the sense also to select a river bank to dump his toxin where only the Chinese will be his eventual victims. This ought to assuage a warrior's anger, hehe
Memang biadap la all these Chinese...nak kahwin pun, tak pandai select the right date, gravely inconveniencing the precious Malays. Nak buang toxic materials dalam sungei pun, tak pandai cari sungei di mana hanya orang kafir tinggal. Tsk, tsk...absolutely agree that 'we need a regime change'...60 years of pillaging and rampaging is far too short...how to build Malay wealth in such a short time ?
Since the bigots like to twist this story into cinapek vs the poor defenseless melayu. Let ask some sensible questions that nobody seems to be bothered!
ReplyDeleteMany forget that the reported victims of this toxic fume r melayu school children.
My goodness, can the toxic fume be that particularly choosy?
If the schools r been affected, what about those residents who stay around those schools, along the path of sungai kam2?
So far, no obvious reports about these 'affected' residents!
Either these residents r 'supermen' or those affected school children r typically weaklings!
Anyone remember those 'mass hysteria' incidents that happened around the melayu schools?
Can this be the same phenomenon of that genetic type?
Just look at the distribution map of the incident lah. Apparently the toxic fume likes to target schools of a particular type!
APA tu?
Either the 'fuming' reports r selective or there r more to this 'funny' business.
Just ask lah, WHY, the Dept of environment needs more infos before legal prosecution. Does it know something THAT we r not been told.
Meanwhile, the ketuanan freaks r going around town blaming the cinapek operator!
While the provocateurs, dedak makan-ers, blur-sotongs & ketuanan bigots play up the story, just like this mfer of a spurious warrior of the dubious kind!
Indeed, perhaps the 'TRUE' story is that regime change that these mfers r so craving for!
QUOTE
ReplyDeleteThe polluting culprit is a Chinapek rubber tyre recycling company. They dumped the contaminated used chemical to avoid the expensive charges that need to be paid to have these disposed of properly. The chemicals by themselves are not that nasty, but mixed with the water in the river, they produced toxic fumes.
UNQUOTE
But Department of Environment says:
QUOTE
The DOE investigators have so far identified the chemicals as marine oil waste, which is usually used to lubricate marine engines. The oil emits flammable methane and benzene fumes.
UNQUOTE
Rubber tyre recycling is quite different from marine chemicals. So be careful what you read in LowYat forum.
Also, and this in not condoning what this idiot did, but Sg Kim Kim has been a chemical dumpsite for years. Many are guilty and this one got caught. He will have to pay for the sins of all the polluters.
How are the chemicals dangerous?
DeleteMethane is non-toxic but flammable. In very large concentrations, especially in confined spaces, it can also suffocate victims by depriving them of oxygen. According to a Nadma press release on Thursday, the concentration at Pasir Gudang dumping site is relatively low at 0.96 parts per million (ppm).
Hydrogen chloride is a gas that forms a highly corrosive acid when it comes into contact with moisture. This includes the moisture found on skin, in the eyes and in the respiratory tract including the lungs.
Hence, exposure to this chemical could cause irritation or burns to the affected organs including the possibility of permanent disability (such as blindness) or death.
Nadma reported its concentration to be 1.63 ppm at the affected site but did not mention what level is considered permissible. For comparison, US regulators have set the ceiling limit at 5 ppm for work environments.
Acrylonitrile is classified as a “possible carcinogen” by the International Agency for Research on Cancer (as opposed to “probable carcinogen” or “is carcinogenic”).
Its fumes can also cause irritation to the skin, eyes, and respiratory system. Nadma said concentrations of 7.33ppm had been detected, compared to the permissible level of 2 ppm and danger level of 8.5 ppm.
Acrolein probably poses the most immediate danger out of the five chemicals found at the dumping site. The concentration found was 5.29 ppm, whereas regulators consider 2 ppm enough to pose an immediate danger to life and health (IDLH). The permissible level in work environments is merely 0.1 ppm.
Of the five hazardous chemicals found at the dumping site, it is the only one to exceed IDLH levels. It can cause severe irritation, pulmonary oedema and burns.
Benzene inhalation can cause drowsiness, dizziness, rapid heart rate, headaches, tremors, confusion and unconsciousness in the short term.
In the long run, benzene is known to cause leukaemia and impair foetal development. It is also a mild irritant.
Nadma said it was detected in concentrations 1.87 ppm, compared to the permissible level of 1 ppm at Sungai Kim Kim.
I have a mask that I used during the last haze season. Will that keep me safe?
No. At a minimum, you would need a respirator that is designed to protect its wearer from organic vapours, and perhaps acidic gasses too depending on the hydrogen chloride concentration at your location.
The masks commonly used in Malaysia during the haze season are surgical masks designed to prevent the spread of infectious diseases or N95 respirators designed to filter out airborne particles.
Neither of these offers any protection to the chemicals found in Sungai Kim Kim.
It would be better to avoid the affected areas entirely and seek immediate shelter if you catch a whiff of the chemicals’ distinct odour.
Source: https://m.malaysiakini.com/news/468144
Pasir Gudang: An emergency or not?
Mfer, Chinapek rubber tyre recycling company errrrh……
In zombieism, fitnah + lies r the golden rules to rule over blur-sotongs!