SLS concerned over emergency duration
KOTA KINABALU: The Sabah Law Society (SLS) has expressed its concerns regarding the duration of the ongoing state of emergency.
Its president, Roger Chin stressed that an emergency should only last as long as it is absolutely necessary and no longer.
“SLS notes that no justification has been provided as to why emergency has been declared until 1 August 2021, or earlier should Covid-19 cases come under control.
“This is especially so when the Science, Technology and Innovation Minister and also the co-chair of the Special Committee on Ensuring Access to Covid-19 Vaccine Supply, Khairy Jamaluddin informed the public that Malaysia would receive first delivery for vaccines sometime before the end of February.
“SLS further note that the Emergency (Essential Powers) Ordinance 2021 (the Ordinance) does not provide for the end date but only the commencement date,” said Roger in a statement on Friday.
Earlier this week, the Yang diPertuan Agong, on the advice of the Prime Minister had agreed to declare a state of emergency in the country, effective from January 12 to August 1.
“SLS is reassured by the formation of the Independent Special Committee under the Ordinance to advise YDPA whether a major emergency still exists to continue with the period of Emergency Proclamation or terminate the Proclamation earlier than the date designated to ensure a fair and transparent implementation of the emergency period,” added Roger.
“It has been announced that the independent committee will comprise Members of Parliament (MP) from the government and opposition as well as relevant health experts.
“However, SLS again notes that that the Ordinance does not explicitly provide for such a composition and as there will be no Parliament or State Assembly sittings for the duration of the emergency, it is important that all the voices of the people through their respective MPs continue to be heard to ensure democracy continues to function during the emergency,” he further explained.
He opined that it is crucial that the independent committee must include Sabah and Sarawak representations.
Roger had also reiterated that there are already sufficient laws – in particular the Prevention and Control of Diseases Act 1988 – and measures in place to deal with the Covid-19 pandemic.
He said that the Movement Control Order (MCO) recently imposed in five states and the three federal territories appears to prove this point.
“Further, as evidenced by the placements of different parts of Malaysia under different movement control orders, perhaps there was no need for the whole of Malaysia to be under emergency but only selected parts of Malaysia as deemed necessary.
“For example, on 7 January 2021, Japan's prime minister, Yoshihide Suga, declared a state of emergency for Tokyo and three neighbouring prefectures in an attempt to curb the rise in Covid-19 cases.
“However, SLS understand that there are two things in particular that the Prevention and Control of Diseases Act 1988 cannot achieve, but a state of emergency can. The first is that Parliament is suspended. The second is that elections cannot be held for so long as the emergency is in force,” added Roger.