AG: NSC Act does not re­move king’s power on emer­gency

The Sun (Malaysia) - - NEWS WITHOUT BORDERS -

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

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