Anti-Covid measures still in place under the law, say experts

 

Legal experts say the government can still act effectively without the Emergency ordinances.

KUALA LUMPUR: Efforts to combat the Covid-19 pandemic have been carried out under the Prevention and Control of Infectious Diseases Act and are not affected by the revocation of the state of Emergency, according to legal and constitutional experts.

Senior lawyer Mohamed Haniff Khatri Abdulla said the law, also known as Act 342, had been used since March 18 last year, and remained in effect. “It can continue to be used as it has been so far,” he said today.
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The entire series of movement restrictions and compound notices which have been issued so far are valid, as they were issued under this act and not as Emergency ordinances, he said.

“Many are confused about this matter,” he said.

“Actually there is no issue about compounds that have been paid, unpaid or will be paid, because they are all under Act 342 … so there’s no issue with regard to curbing Covid-19, the MCO, compounds and others,” he said when commenting on the government’s decision to revoke six Emergency ordinances.

De facto law minister Takiyuddin Hassan told the Dewan Rakyat special sitting today that the government had decided not to ask for an extension of the state of emergency, which is scheduled to end on Aug 1.

He said the government had also decided to revoke the Emergency ordinances from July 21 but Haniff Khatri said the revocation process could only be done by the Yang di-Pertuan Agong, or through a motion of revocation tabled at the Dewan Rakyat.

Universiti Islam Antarabangsa Malaysia legal expert Nik Ahmad Kamal Nik Mahmood said the government could still act effectively without Emergency powers.

However, drastic and immediate action could not be taken, and everything would need to go through due process in accordance with existing legal channels.

“The positive thing about not having the state of Emergency extended is that there will be no actions and laws that are not in line with the Federal Constitution, meaning no unlimited executive powers,” he said.

He said the government would need to return to existing laws and regulations, and all additional powers accorded to other agencies, including the Malaysian Armed Forces, would return to the police under existing laws.

Legal expert Salleh Buang, a former federal lawyer in the Attorney-General’s Chambers, described the end of the state of Emergency as “democracy being restored”.

“I view its end as something positive. Implement Act 342… whichever regulation is weak and confusing, if it needs improvement, do it,” he said. - FMT