SUMMARY OF EMERGENCY (ESSENTIAL POWERS) ORDINANCE 2021 [P.U.(A) 12]

Author hasrinahakimi.co

Published 29/11/2021

The Emergency (Essential Powers) Ordinance 2021 (the ‘Ordinance’) is promulgated by reason of the existence of a grave emergency threatening the security, economic life and public order of the Federation arising from the epidemic of the Coronavirus Disease 2019 (‘COVID-19’).

Promulgated by the YDPA pursuant to Article 150 (2B) of Federal Constitution (If a Proclamation of Emergency is in operation, YDPA is satisfied that certain circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as require)

Section 1:

may cited as Emergency (Essential Powers) Ordinance 2021 and come into operation on 11 January 2021

Section 2:

Established an Independent Special Committee to advise the YDPA on the existence of the COVID-19, the members shall be appointed by the YDPA

Section 3:

1) The YDPA and or person authorized by YDPA may take temporary possession of any land, building or movable property (‘property’) and may give direction as appear to him necessary or expedient for the taking of possession.

2) The property, regardless of any restriction imposed, may be used by the YDPA or any person authorized for such purpose and in such manner as the YDPA or person authorized thinks expedient

3) The YDPA or authorized person may do anything like any person having an interest in the property would be entitled to do; and may by Order to prohibit or restrict the exercise of right of property which are enjoyed by any person.

4) Owner or occupier of property shall furnish to the authority or person specified in the request such information in his possession relating to the property, being information that may reasonably be demanded in connection with the execution

Section 4:

Notwithstanding Federal Constitution, the YDPA or person authorized may demand any resources to be utilized for any purpose deems necessary. May also give any direction in relation to the utilization of the resources. May also give any direction in relation to the imposition of any fees or charges that may be imposed by the person whose resources are demanded.

Section 5:

Notwithstanding Federal Constitution, if possession of property or resources demanded to be utilized, compensation in respect of the possession or utilization shall be assessed by person authorized by YDPA.The assessment shall be final and conclusive.

Section 6:

YDPA or person authorized may appoint any person to issue direction for treatment, immunization, isolation, observation or surveillance under Prevention and Control of Infectious Disease Act 1988.

Section 7:

The armed forces, upon direction of YDPA or person authorized, shall have all the powers of a police of whatever rank and in addition to the powers under the Armed Forces Act 1972.

Section 8:

Notwithstanding any written laws, the YDPA or person authorized, may exempt a healthcare professional from the requirement to comply with the address of the principal place of practice specify in any annual practicing certificate.

Section 9:

1) Person contravenes section 3 or 4, or fails to comply with demand and direction of YDPA and person authorized, commits an offence and shall be liable to a fine not exceeding RM5millions or to imprisonment for a term not exceeding 10 years or to both.

2) Where it is a company, limited liability partnership, firm, society or other body of persons, a person who at the time of the commission of the offence was a director, compliance officer, partner, manager, secretary or other similar officer or was purporting to act in the capacity or was in any manner or responsible for the management of the affairs of the company may be charged in the same proceeding with the company. If the company found guilty of the offence, he shall be deemed to be guilty of the offence and shall be liable to the same punishment unless he proves that:

i. the offences committed without his knowledge and offence was committed without his consent or connivance and

ii. he had taken all reasonable precautions and exercised due diligence to prevent the commission of offence.

Section 10:

No action, suit, prosecution shall be brought against the government or person appointed for any act, neglect or default done or omitted by it or him in good faith, in carrying out this Ordinance

Section 11:

The PM, Cabinet, Menteri Besar or Chief Minister and State Executive Council or State Cabinet existing prior the Proclamation of Emergency shall continue to exercise the executive authority. The legislative functions to make subsidiary legislation shall continue to be exercised by the person so authorized.

Section 12:

The requirement to fill vacancy among members of the Senate and members of the House of Representatives within 60 days from the date on which there is a vacancy under Article 54 of Federal Constitution shall no effect. During the emergency, the word “for five years from the date of its first meeting and shall then stand dissolved” and “within 60 days from the date of the dissolution and Parliament shall be summoned to meet on a date not later than 120 days from that date” in Article 55(3) & (4) of Federal Constitution have been deleted. A general election shall be held and the meeting of Parliament shall be summoned on dates as YDPA thinks appropriate.

Section 13:

Provision relating to election of State Legislative Assembly shall have no effect. An election shall be held on date as YDPA think appropriate

Section 14:

Provision relating to the summoning, proroguing and dissolution of Parliament shall no effect and Parliament shall be summoned, prorogued and dissolved on a date as YDPA thinks appropriate. Any Parliament meeting which has been summoned before coming into operation of this Ordinance but has not been held is cancelled.

Section 15:

Similar to section 14 but this applies to State Legislative Assembly.

Section 16:

The YDPA may make any regulations as may be necessary or expedient for the purpose of carrying into effect this Ordinance

Section 17:

Power given under this Ordinance shall be in addition to the powers given by any other written law.

Section 18:

In event of any conflict or inconsistency between Ordinance and any written law, this Ordinance shall prevail and the conflicting provision of such written law shall be deemed to be superseded to the extent of the conflict or inconsistency.