AG: NSC Act does not remove king’s power on emergency
BANGI: The National Security Council (NSC) Act does not take away the power of the Yang Di-Pertuan Agong in relation to the declaration of emergency as the king holds the power to order country-level emergency.
Attorney-General Tan Sri Mohamed Apandi Ali said in contrast, the prime minister is only empowered to declare emergency for “an area or certain areas” under the act.
Elaborating, he said the Yang DiPertuan Agong did not have the discretion to declare an emergency on his own but must act on the advice of the government.
The NSC Act 2016, which allows the government to hold emergency powers, came into force on Aug 1 this year.
Mohamed Apandi, who was speaking to reporters after delivering his talk at the Judicial and Legal Training Institute (ILKAP) here yesterday, said just like the king, the prime minister also could not arbitrarily act on his own accord for the emergency declaration.
“He will act on the advice of the council, which consists of various parties who are involved in the security matters of the country. The prime minister will act accordingly, to the advice given.”
The parties include the inspectorgeneral of police, armed forces chief and chief secretary to the government, he said.
For the emergency order by the prime minister, Mohamed Apandi said Parliament would never be suspended and would still be in session.
“Under the act, the declaration, which will last for six months, must be tabled within a few weeks in Parliament.
“This is to allow parliamentarians to debate on whether it is proper to declare emergency for a certain area or not.”
The attorney-general stressed that the NSC Act was made for the protection of the country to ensure security and public order were maintained at all times and with speed. – Bernama