DAP secretary general Lim Guan Eng is urging the government to revert compound limits and refund those who were issued a compound and paid above RM1,000 after July 21, following the alleged annulment of emergency ordinances effective July 21.

Lim said that the lack of clarity from the government on which of the six emergency ordinances enacted under the emergency proclamation still hold legal efficacy will have many practical implications in government administration.

“The biggest question is the legal validity of the 2,200 compounds issued against individuals between July 21 and July 25 as reported in Malaysiakini,” he said in a statement today.

Compounds for violating Covid-19 SOPs are carried out under the Prevention and Control of Infectious Diseases Act or Act 342 - which is not considered an emergency law.

Under the emergency ordinance, the maximum penalty for violating lockdown restrictions is raised from RM1,000 to RM10,000 for individuals and from RM10,000 to RM50,000 for corporate bodies.

However, if the six ordinances have truly been annulled, then any compounds issued after July 21 should not exceed the maximum RM1,000.

“Until this legal confusion is resolved the government should instruct the authorities to revert back to the previous maximum compounds of RM1,000 for individuals or RM10,000 for corporate bodies, as well as refund those who paid above that amount for compounds issued after 21 July,” said Lim

Lim's statement comes after de facto Law Minister Takiyuddin Hassan claimed that the government revoked all emergency ordinances enacted this year from July 21 onwards, based on Article 150(3) of the Federal Constitution.

This was said during the special five-day sitting of the Dewan Rakyat which commenced yesterday.

Following the statement, some MPs questioned not only the validity of the compounds but also, the validity of the emergency ordinances "revocation".

Enacted in January 2021, the Emergency Ordinances introduced provisions, which provided new temporary powers to the government, or enabled the amendment of existing laws such as Act 342 during the Emergency.

According to Article 150(3) of the Federal Constitution, an emergency proclamation alongside any ordinance promulgated during the period shall be laid before both houses of Parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed unanimously annulling such proclamation or ordinance.

Lim claimed that the “body language” of Prime Minister Muhyiddin Yassin, his deputy prime minister and Takiyuddin in Parliament yesterday would suggest that the Agong had yet to provide his royal consent - and therefore, a lack of federal gazette.

“Since there is no federal gazette, then the government should move a motion in Parliament as required under Article 150(3) of the Federal Constitution to have the six emergency ordinances annulled.

“Otherwise, the announcement by Takiyuddin has failed to provide certainty, clarity and consistency essential to the administration of justice. The mass confusion engendered in failing to uphold the law is another sign of a failed state,” said Lim.

Currently, there is no confirmation that the emergency ordinances have been revoked.

 

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