Emergency enables federal govt to encroach on state powers, say Sabah lawyers

 

Sabah Law Society president Roger Chin said a state of emergency will permit laws to be made which encroach onto matters not decided by the state legislature. (Bernama pic)

KOTA KINABALU: Sabah lawyers are concerned over reports that the nation could come under a state of Emergency, saying the federal government can override the powers of state governments in such an instance.

Sabah Law Society (SLS) president Roger Chin said a state of emergency permits directives to be given and laws to be made which encroach onto state matters.

“Under Article 150 (4) of the Federal Constitution, an Emergency declaration would mean that the federal government can expand its authority to any matter, even including those within the jurisdiction of state governments,” he said in a statement here today.

“Such laws would affect states as these would not have been passed by the state legislative assembly and members duly elected by the people of the state.”

Sabah Law Society president Roger Chin.

Towards this end, Chin said the implications of an emergency are extremely far-reaching.

“The power to pass legislation as an Act of Parliament without going through the ordinary process of law-making, without checks and balances or debate, would mean there would be no oversight over these laws.

“In addition, such laws need not be in accordance with the provisions of the Federal Constitution.

“For these reasons, the two pillars of government, namely the judiciary and Parliament, would be rendered impotent.

“The democratic structure would be compromised, with a concentration of power in the hands of the Executive,” he said.

Chin said an Emergency should only be issued when there is a grave emergency whereby the security, economic life or public order in the federation or any part thereof is threatened.

“The SLS is of the view that, to the best of its knowledge, no such grave emergency or threat of grave emergency exists.

“The argument may be made that the Yang di-Pertuan Agong is duty-bound to act on the advice of the Cabinet, given the provisions of Article 40(1) of the Federal Constitution.

“The SLS, however, disagrees with this position as Article 150 of the constitution makes specific reference to the requirement that the Agong be satisfied that a grave emergency or threat of grave emergency exists.” - FMT