Thursday, September 23, 2021

Palace says Agong yet to consent to revocation of emergency ordinances

It says the announcement on July 26 was inaccurate and had confused MPs.

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The Yang di-Pertuan Agong has welcomed the return of parliamentary sittings, but expressed disappointment that the government proceeded to announce it had revoked the emergency ordinances when this had yet to receive royal consent.

“His Majesty expresses his deep disappointment with the statement made in Parliament on July 26 that the government has repealed all emergency ordinances promulgated by His Majesty during the emergency period, even though the revocation has not yet been approved by him,” the palace said in a statement issued by the Comptroller of the Royal Household, Ahmad Fadil Shamsuddin.

It added that Article 150(2B) read together with Article 150(3) of the Federal Constitution clearly states that the power to enact and repeal emergency ordinances lies with the Agong.

Law minister Takiyuddin Hassan had said in the Dewan Rakyat on July 26 that the government would not advise the Agong to extend the state of emergency upon its expiry on Aug 1.

He also said the government had decided based on Article 105(3) to revoke all emergency ordinances made during the emergency period.

“As it has been revoked, the issue of annulment is no longer relevant,” he said, adding that the revocation was effective July 21.

But the palace said what had been consented to and decreed to Takiyuddin as minister in charge of law and Idrus Harun as attorney-general during a virtual audience on July 24 that the proposal to revoke all emergency ordinances be tabled and debated in Parliament for the purpose of annulment was not carried out.

“His Majesty stresses that the minister’s statement in Parliament on July 26 was inaccurate and had confused the MPs,” it said.

“His Majesty also stresses that the request to revoke all emergency ordinances effective July 21 which was done hastily and without debate in Parliament as well as the conflicting and confusing statements in Parliament not only failed to respect the principle of the sovereignty of the law as contained in the Rukun Negara, but also ignored His Majesty’s role and powers as the head of state as enshrined in the constitution.”

It said the king was aware of the need to act in accordance with the advice of the Cabinet, as stated in Article 40(1) of the constitution.

“Nevertheless, His Majesty is of the opinion that he, as the head of state, has a duty to deliver advice and reprimands in the event of any unconstitutional actions by any party, in particular those who carry out the function and power of His Majesty the Yang di-Pertuan Agong.”

It said Sultan Abdullah Sultan Ahmad Shah also stressed that MPs should prioritise the welfare and well-being of the people and nation during the ongoing parliamentary sitting, to find a solution to the various problems faced during the Covid-19 pandemic.

Following the palace’s statement, Deputy Dewan Rakyat Speaker Mohd Rashid Hasnon adjourned the special sitting of the Dewan Rakyat to 2.30pm.

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