 | Draft article not currently submitted for review.
This is a draft Articles for creation (AfC) submission. It is not currently pending review. While there are no deadlines, abandoned drafts may be deleted after six months. To edit the draft click on the "Edit" tab at the top of the window. To be accepted, a draft should:
It is strongly discouraged to write about yourself, your business or employer. If you do so, you must declare it. Where to get help
How to improve a draft
You can also browse Wikipedia:Featured articles and Wikipedia:Good articles to find examples of Wikipedia's best writing on topics similar to your proposed article. Improving your odds of a speedy review To improve your odds of a faster review, tag your draft with relevant WikiProject tags using the button below. This will let reviewers know a new draft has been submitted in their area of interest. For instance, if you wrote about a female astronomer, you would want to add the Biography, Astronomy, and Women scientists tags. Editor resources
Last edited by Wolfiewhite (talk | contribs) 20 days ago. (Update) |
State of Emergency (Malay: Darurat), or officially known as Proclamation of Emergency (Malay: Proklamasi Darurat) under Malaysian Constitution, is a state in which when the country or any part of it is faced with grave emergency or crisis, the Federal Government and the Yang di-Pertuan Agong will be empowered to wield extraordinary powers to administrate the country, and bypassing certain procedures or restrictions set out by the law or Constitution.
Under Article 150 (1) of the Federal Constitution of Malaysia, if the Yang di-Pertuan Agong is statisfy that a grave emergency exists whereby the security, economic life, or the public order of Malaysia or any part thereof is threatened and immediate actions are required to be taken, he may issue a Proclamation of Emergency.
Once a Proclamation of Emergency has been declared, the government can enact laws without the approval of Parliament, and may also make any laws and regulations that are inconsistent with the Federal Constitution, such as laws that curtail fundamental rights and liberties, or remove mechanism of check and balance imposed on the government. Therefore, some lawyers or legal experts opined that when a state of emergency is declared, the Constitution is, in essence, suspended.
In the history of Malaysia, State of Emergency has been used to declare curfew, suspend Parliament, freeze elections, search and arrest without warrant, authorise preventive dentention, detention without trial, seizure of private properties, prohibit mass assembly, restrict public gathering, and censor the media.
After the independence of Malaysia in 1957, not including the Malayan Emergency declared by the British Malaya government in 1948, there have been a total of eight Proclamation of Emergency declared in the history of Malaysia.
The State of Emergency was declared in 1964 during the Indonesia-Malaysia Confrontation; in 1966 during the Sarawak constitutional crisis; in 1969 during the May 13th race riot; and in 1977 during the Kelantan Emergency. Four emergency were also declared in 2021 and 2022 during the COVID-19 pandemic to control the spread of the virus, and to suspend elections and Parliament sittings.
History
editPre-independence
editMalayan Emergency (1948)
editPost-independence
editConfrantation between Malaysia and Indonesia (1964)
editSarawak Constitutional Crisis (1966)
editMay 13th Race Riot (1969)
editKelantan Emergency (1977)
editCOVID-19 Pandemic (2021 & 2022)
editLegal Framework
editProclamation of Emergency
editProclamation of Emergency, or commonly known as State of Emergency, is issued by the Yang di-Pertuan Agong to declare that an emergency exists in the country, and in consequence allow Emergency Ordinance or Emergency Act to be made by him or the Parliament, respectively. After the Proclamation is being issued, it has to be tabled to both Houses of Parliament as per Article 150 (3). If the Parliament passed a resolution to annul the Proclamation, it will cease to have effect immediately. However, the Yang di-Pertuan Agong may also revoke the Proclamation by himself without going through the Parliament.
For Proclamation of Emergency, there is no provision in the Constitution indicate that it will automatically expire after a certain period has pass, or should the Parliament be convened and make decision on the emergency within a specified period, like in the case in other countries such as UK where the state of emergency will automatically ends after a certain period. Therefore, in theory, if the Yang di-Pertuan Agong did not revoke the Proclamation, or the Parliament did not pass a resolution to annul the said Proclamation, the Emergency can remain in force indefinitely.
Emergency Ordinance
editWhen a Proclamation of Emergency is in force, and if both Houses of Parliament (Dewan Rakyat and Dewan Negara) are not sitting concurrently, an Emergency Ordinance can be made by the Yang di-Pertuan Agong. But if both Houses of Parliament is sitting concurrently during a state of emergency, then the Yang di-Pertuan Agong lose the power to make an Emergency Ordinance.
Similar to the Proclamation of Emergency, all Emergency Ordinance made will have to be tabled to both Houses of Parliament according to Article 150 (3). If a resolution is passed in both Houses of Parliament to annul the Ordinance, then the said Ordinance will cease to have effect immediately.
However, if the Parliament or the Yang di-Pertuan Agong only annul or revoke the Proclamation of Emergency, but did not directly annul or revoke the Ordinance itself, then the Emergency Ordinance will continue to remain in force for another 6 months after the date in which the Proclamation of Emergency has cease to have effect. After the 6 months period, the Ordinance will automatically expire and no longer have effect.
Emergency Act
editEmergency Act is an Act of Parliament made by the Parliament during an active Proclamation of Emergency and its preamble will specifically recites that this Act is required by reason of emergency and is made under such Emergency Proclamation.
An Emergency Act will not expire even after the Proclamation is revoked or annulled, as no provisions provided in the Constitution indicate that it has an automatic expiry period. Unless stated by the Act itself that it will expired together with the Emergency Proclamation, or repealed by the Parliament, it will remain in force indefinitely similar to any other ordinary Act of Parliament.
Interpretation
editYang di-Pertuan Agong to act on advice vs. Royal prerogative
editThere's no general consensus among legal experts on whether the Agong has to follow the advice given by the Cabinet, or he has the sole discretion to decide, when coming to the topics of declaring a state of emergency or promulgate an Emergency Ordinance.
There are mainly two camps of thought on Yang di-Pertuan Agong's emergency powers, one group argue that he has to follow and abide to the advice given by the Cabinet or a Minister as per Article 40 (1) of the Constitution; while another group argue that the King has sole discretion to decide on this matter as the wordings and language used in Article 150 (1) falls within the discrestionary powers given by Article 40 (2).
Article 150 (1):
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.
Article 40 (1):
In the exercise of his functions under this Constitution or federal law the Yang di-Pertuan Agong shall act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, except as otherwise provided by this Constitution; [...]
Article 40 (2):
The Yang di-Pertuan Agong may act in his discretion in the performance of the following functions, that is to say:
(a) the appointment of a Prime Minister;
[...]
and in any other case mentioned in this Constitution.
List of Emergency Proclamation, Emergency Ordinance and Emergency Act
editProclamation of Emergency
edit| Title | Citation | Effective on | Revoked or Annulled on | Remark |
|---|---|---|---|---|
Emergency Ordinance
editEmergency Ordinance made under the 1969 Emergency
editAfter the dissolution of Parliament on 20 March 1969 and with the Proclamation of Emergency on 15 May 1969, a total of 92 emergency ordinances were promulgated before the Parliament was reconvened on 20 February 1971.[1][2]
| No. | Title | Citation | Effective on | No longer effective on | Subject matter | Remark |
|---|---|---|---|---|---|---|
| 1. | Emergency (Essential Powers) Ordinance No. 1, 1969 | P.U. (A) 145/1969 | ||||
| Emergency (Essential Powers) Ordinance No. 2, 1969 | P.U. (A) 149/1969 | |||||
| Emergency (Essential Powers) Ordinance No. 3, 1969 | P.U. (A) 170/1969 | |||||
| Emergency (Internal Security)(Modification of Laws) Ordinance, No.4, 1969 (Ordinance 4) | P.U. (A) 186/1969 | |||||
| Emergency (Public Order and Prevention of Crime) Ordinance, 1969 (Ordinance 5) | P.U. (A) 187/1969 | |||||
| Emergency (Essential Powers) Ordinance No. 6, 1969 | P.U. (A) 219/1969 | |||||
| 7. Emergency (Essential Powers) Ordinance No. 7 1969 | P.U. (A) 307A/1969 | |||||
| 8. Emergency (Essential Powers) Ordinance No. 8, 1969 | P.U. (A) 307B/1969 | |||||
| 9. Emergency (Essential Powers) Ordinance No. 9, 1969 | P.U. (A) 431/1969 | |||||
| 10. Emergency (Essential Powers) Ordinance No. 10, 1969 | P.U. (A) 467/1969 | |||||
| 11. Emergency (Essential Powers) Ordinance No. 11, 1969 P.U. (A) 468/1969 | ||||||
| 12. Emergency (Essential Powers) Ordinance No. 12, 1969 P.U. (A) 474/1969 | ||||||
| 13. Emergency (Public Order and Prevention of Crime) (Amendment) Ordinance, 1969 (Ordinance 13) P.U. (A) 500/1969 | ||||||
| 14. Emergency (Essential Powers) Ordinance No. 14, 1969 P.U. (A) 521/1969 | ||||||
| Emergency (Essential Powers) Ordinance No. 14, 1969 P.U. (A) 522/1969 | ||||||
| 16. Emergency (Essential Powers) Ordinance No. 16, 1970 P.U. (A) 4/1970 | ||||||
| 17. Emergency (Essential Powers) Ordinance No. 17, 1970 P.U. (A) 9/1970 | ||||||
| 18. Emergency (Essential Powers) Ordinance No. 18, 1970 P.U. (A) 12/1970 | ||||||
| 19. Emergency (Essential Powers) Ordinance No. 19, 1970 P.U. (A) 27/1970 | ||||||
| 20. Emergency (Essential Powers) Ordinance No. 20, 1970 P.U. (A) 28/1970 | ||||||
| 21. Emergency (Essential Powers) Ordinance No. 21, 1970 P.U. (A) 29/1970 | ||||||
| 22. Emergency (Essential Powers) Ordinance No. 22, 1970 P.U. (A) 73/1970 | ||||||
| 23. Emergency (Essential Powers) Ordinance No. 23, 1970 P.U. (A) 80/1970 | ||||||
| 24. Emergency (Public Order and Prevention of Crime) (Amendment) Ordinance, 1970 (Ordinance 24) P.U. (A) 81/1970 | ||||||
| 25. Emergency (Essential Powers) Ordinance No. 25, 1970 P.U. (A) 82/1970 | ||||||
| 26. Emergency (Essential Powers) Ordinance No. 26, 1970 P.U. (A) 92/1970 | ||||||
| 27. Emergency (Essential Powers) Ordinance No. 26, 1970 P.U. (A) 102/1970 | ||||||
| 28. Emergency (Revision of Laws) (Amendment) Ordinance, 1970 (Ordinance 28) P.U. (A) 107/1970 | ||||||
| 29. Emergency (Essential Powers) Ordinance No. 29, 1970 P.U. (A) 115/1970 | ||||||
| 30. Emergency (Essential Powers) Ordinance No. 30, 1970 P.U. (A) 123/1970 | ||||||
| 31. Emergency (Essential Powers) Ordinance No. 31, 1970 P.U. (A) 142/1970 | ||||||
| 32. Emergency (Essential Powers) Ordinance No. 32, 1970 P.U. (A) 143/1970 | ||||||
| 33. Emergency (Essential Powers) Ordinance No. 33, 1970 P.U. (A) 184/1970 | ||||||
| 34. Emergency (Essential Powers) Ordinance No. 34, 1970 P.U. (A) 204/1970 | ||||||
| 35. Emergency (Essential Powers) Ordinance No. 35, 1970 P.U. (A) 205/1970 | ||||||
| 36. Emergency (Essential Powers) Ordinance No. 36, 1970 P.U. (A) 234/1970 | ||||||
| 37. Emergency (Essential Powers) Ordinance No. 37, 1970 P.U. (A) 235/1970 | ||||||
| 38. Emergency (Essential Powers) Ordinance No. 38, 1970 P.U. (A) 256/1970 | ||||||
| 39. Emergency (Essential Powers) Ordinance No. 39, 1970 P.U.(A) 257/1970 | ||||||
| 40. Emergency (Essential Powers) Ordinance No. 40, 1970 P.U.(A) 258/1970 | ||||||
| 41. Emergency (Essential Powers) Ordinance No. 41, 1970 P.U. (A) 259/1970 | ||||||
| 42. Emergency (Essential Powers) Ordinance No. 42, 1970 P.U. (A) 277/1970 | ||||||
| 43. Emergency (Essential Powers) Ordinance No. 43, 1970 P.U. (A) 278/1970 | ||||||
| 44. Emergency (Essential Powers) Ordinance No. 44, 1970 P.U. (A) 279/1970 | ||||||
| 45. Emergency (Essential Powers) Ordinance No. 45, 1970 P.U. (A) 282/1970 | ||||||
| 46. Emergency (Essential Powers) Ordinance No. 46, 1970 P.U. (A) 297/1970 | ||||||
| 47. Emergency (Essential Powers) Ordinance No. 47, 1970 P.U. (A) 298/1970 | ||||||
| 48. Emergency (Essential Powers) Ordinance No. 48, 1970 P.U. (A) 301/1970 | ||||||
| 49. Emergency (Essential Powers) Ordinance No. 49, 1970 P.U. (A) 322/1970 | ||||||
| 50. Emergency (Essential Powers) Ordinance No. 50, 1970 P.U. (A) 356/1970 | ||||||
| 51. Emergency (Essential Powers) Ordinance No. 51, 1970 P.U. (A) 357/1970 | ||||||
| 52. Emergency (Essential Powers) Ordinance No. 52, 1970 P.U. (A) 358/1970 | ||||||
| 53. Emergency (Essential Powers) Ordinance No. 53, 1970 P.U. (A) 387/1970 | ||||||
| 54. Emergency (Essential Powers) Ordinance No. 54, 1970 P.U. (A) 391/1970 | ||||||
| 55. Emergency (Essential Powers) Ordinance No. 55, 1970 P.U. (A) 392/1970 | ||||||
| 56. Emergency (Essential Powers) Ordinance No. 56, 1970 P.U. (A) 393/1970 | ||||||
| 57. Emergency (Essential Powers) Ordinance No. 57, 1970 P.U. (A) 394/1970 | ||||||
| 58. Emergency (Essential Powers) Ordinance No. 58, 1970 P.U. (A) 409/1970 | ||||||
| 59. Emergency (Essential Powers) Ordinance No. 59, 1970 P.U. (A) 423/1970 | ||||||
| 60. Emergency (Essential Powers) Ordinance No. 60, 1970 P.U. (A) 438/1970 | ||||||
| 61. Emergency (Essential Powers) Ordinance No. 61, 1970 P.U. (A) 453/1970 | ||||||
| 62. Emergency (Essential Powers) Ordinance No. 62, 1970 P.U. (A) 454/1970 | ||||||
| 63. Emergency (Essential Powers) Ordinance No. 63, 1970 P.U. (A) 9/1971 | ||||||
| 64. Emergency (Essential Powers) Ordinance No. 64, 1971 P.U. (A) 10/1971 | ||||||
| 65. Emergency (Essential Powers) Ordinance No. 65, 1970 P.U. (A) 11/1971 | ||||||
| 66. Emergency (Essential Powers) Ordinance No. 66, 1971 P.U. (A) 12/1971 | ||||||
| 67. Emergency (Essential Powers) Ordinance No. 67, 1971 P.U. (A) 19/1971 | ||||||
| 68. Emergency (Essential Powers) Ordinance No. 68, 1971 P.U. (A) 20/1971 | ||||||
| 69. Emergency (Essential Powers) Ordinance No. 69, 1971 P.U. (A) 39/1971 | ||||||
| 70. Emergency (Essential Powers) Ordinance No. 70, 1971 P.U. (A) 40/1971 | ||||||
| 71. Emergency (Essential Powers) Ordinance No. 71, 1971 P.U. (A) 41/1971 | ||||||
| 72. Emergency (Essential Powers) Ordinance No. 72, 1971 P.U. (A) 57/1971 | ||||||
| 73. Emergency (Essential Powers) Ordinance No. 73, 1971 P.U. (A) 58/1971 | ||||||
| 74. Emergency (Essential Powers) Ordinance No. 74, 1971 P.U. (A) 59/1971 | ||||||
| 75. Emergency (Essential Powers) Ordinance No. 75, 1971 P.U. (A) 60/1971 | ||||||
| 76. Emergency (Essential Powers) Ordinance No. 76, 1971 P.U. (A) 61/1971 | ||||||
| 77. Emergency (Essential Powers) Ordinance No. 77, 1971 P.U. (A) 62/1971 | ||||||
| 78. Emergency (Essential Powers) Ordinance No. 78, 1971 P.U. (A) 63/1971 | ||||||
| 79. Emergency (Essential Powers) Ordinance No. 79, 1971 P.U. (A) 64/1971 | ||||||
| 80. Emergency (Essential Powers) Ordinance No. 80, 1971 P.U. (A) 65/1971 | ||||||
| 81. Emergency (Essential Powers) Ordinance No. 81, 1971 P.U. (A) 66/1971 | ||||||
| 82. Emergency (Essential Powers) Ordinance No. 82, 1971 P.U. (A) 67/1971 | ||||||
| 83. Emergency (Essential Powers) Ordinance No. 83, 1971 P.U. (A) 68/1971 | ||||||
| 84. Emergency (Essential Powers) Ordinance No. 84, 1971 P.U. (A) 69/1971 | ||||||
| 85. Emergency (Essential Powers) Ordinance No. 85, 1971 P.U. (A) 70/1971 | ||||||
| 86. Emergency (Essential Powers) Ordinance No. 86, 1971 P.U. (A) 71/1971 | ||||||
| 87. Emergency (Essential Powers) Ordinance No. 87, 1971 P.U. (A) 72/1971 | ||||||
| 88. Emergency (Essential Powers) Ordinance No. 88, 1971 P.U. (A) 73/1971 | ||||||
| 89. Emergency (Essential Powers) Ordinance No. 89, 1971 P.U. (A) 74/1971 | ||||||
| 90. Emergency (Essential Powers) Ordinance No. 90, 1971 P.U. (A) 75/1971 | ||||||
| 91. Emergency (Essential Powers) Ordinance No. 91, 1971 P.U. (A) 76/1971 | ||||||
| 92. Emergency (Essential Powers) Ordinance No. 92, 1971 P.U. (A) 77/1971 |
Emergency Act
edit| No. | Title | Citation | Made under | Effective on | Repealed or Lapsed on | Remark |
|---|---|---|---|---|---|---|
| 1. | Emergency (Essential Powers) Act 1964 | Act 691
(Act 30 of 1964) |
18 September 1964 | 15 May 1969 | Ceased to have effect on 15 May 1969 persuant to the Emergency (Essential Powers) Ordinance 1969 [P.U. (A) 146/1969][3] | |
| 2. | Emergency Powers (Kelantan) Act 1977 | Act 192 | 9 November 1977 | 12 February 1978 | Repealed by Emergency Powers (Repeal of Emergency Powers (Kelantan) Act 1977) Order 1978 [P.U. (A) 46/1978][4] | |
| 3. | Emergency (Essential Powers) Act 1979 | Act 216 | 20 February 1971 | 21 June 2012 | Lapsed (expired) 6 months after the 1969 Emergency was annulled by the Parliament on 20 December 2011 |
References
edit- ^ Government of Malaysia (1 June 1977). "Emergency (Essential Powers) Ordinances 1969-1971". Journal of Malaysian and Comparative Law. 4 (1): 163–167. Archived from the original on 27 July 2024 – via E-Journal Universiti Malaya.
- ^ "Pemberitahuan Pertanyaan Lisan Dewan Negara, Mesyuarat Pertama 2019, Penggal Kedua, Parlimen Keempat Belas" [Notice of Oral Questions of the Dewan Negara, First Meeting of 2019, Second Session, Fourteenth Parliament] (PDF). Parliment of Malaysia (in Malay). 29 April 2019. pp. 81–88. Archived (PDF) from the original on 27 July 2024. Retrieved 28 July 2024.
- ^ "Emergency (Essential Powers) Act 1964". Federal Legislation Portal (LOM). 1 January 2018. Retrieved 28 July 2024.
{{cite web}}: CS1 maint: url-status (link) - ^ "Emergency Powers (Kelantan) Act 1977". Federal Legislation Portal (LOM). 9 November 1977. Retrieved 28 July 2024.