MY PERSONAL REFERENCE ONLY
Revocation of Emergency (Essential Powers) Ordinance No. 7, 1969
Emergency (Essential Powers) Ordinance No. 7, 1969 (as amended).
This Ordinance declares a
territorial sea of the Federation of Malaysia of 12 nautical miles except in
specified areas where the territorial sea shall be measured in accordance with
the Geneva Convention of 1958. The territorial waters for purposes of the
Continental Shelf Act, 1966, the Petroleum Mining Act, the National Land Code
and written laws relating to land of Sarawak and Sabah shall be 3 nautical miles (art. 4.2). (The Ordinance
consists of the following 6 articles: Interpretation (2);
Malaysia Sarawak ) Act
WHEREAS a Proclamation of Emergency has on the fourteenth day of September, 1966 been issued by the Yang di-Pertuan Agong in respect of a grave emergency which the Yang di-Pertuan Agong is satisfied exists in the State of
AND WHEREAS it appears to Parliament that the following provisions of this Act are required by reason of the said emergency:
NOW, THEREFORE, be it enacted by the Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Ra'ayat in Parliament assembled, and by the authority of the same, as follows:
1.
This Act may be cited as the Emergency
(Federal Constitution and Constitution of Sarawak) Act, 1966.
2.
(1)In this Act-"Chief Minister" means the Chief Minister of the State of
"Council Negri" means the legislature of the State of
"Governor" means the Governor of the State of
"Speaker" means the Speaker of the Council Negri;
"State Constitution" means the Constitution of the State of
"Supreme Council" means the Supreme Council of the State of
(2)Where by any provision of this Act the Governor is empowered to do any act in his absolute discretion, the Governor shall not be obliged, notwithstanding anything in the State Constitution, to consult with the Supreme Council., or to act in accordance with any advice tendered by the Supreme Council or any member thereof, in the exercise of his discretion.
3.
(1)In Article 150 of the Constitution(a)in clause (5), after the word "Constitution" where it first occurs, there shall be inserted the words "or in the Constitution of the State of
(b)in clause (6) after the word "Constitution" at the end thereof, there shall be added the words "or of the Constitution of the State of
(2)The amendments made by subsection (1) of this section shall cease to have effect six months after the date on which the Proclamation of Emergency issued by the Yang di-Pertuan Agong on the fourteenth day of September, 1966 ceases to be in force.
4.
(1)Notwithstanding anything in the State
Constitution Governor may, in his absolute discretion, summon the Council Negri
to meet at such place and on such day or dates and after such period of notice
as he shall think fit, and the provisions of the Standing Orders of the Council
shall, to the extent that they are inconsistent with the directions of the
Governor contained in the Summons, be deemed to be suspended.(2)In order to ensure that any meeting of the Council Negri summoned as aforesaid is duly held and that any business which it is expedient, in the opinion of the Governor, should be transacted thereat is duly transacted and concluded, the Governor may, in his absolute discretion, direct that any of the Standing Orders of the Council Negri be suspended and give any special directions which he may consider necessary.
(3)Any such directions as aforesaid shall be in the form of a message to the Council Negri addressed to the Speaker, and the Speaker shall comply therewith.
(4)If the Speaker fails to comply with any direction given by the Governor as aforesaid, the Governor may, in his absolute discretion, nominate any member of the Council Negri to act as Speaker, and the member so appointed shall have all the powers of the Speaker, for the purposes of that meeting.
5.
(1)If at any meeting of the Council Negri,
whether held in pursuance of the provisions of section 4 of this Act or
otherwise, a resolution of no confidence in the Government is passed by the
votes of a majority of those members present and voting, and if after such a
resolution is passed the Chief Minister fails forthwith to resign his office
and to tender the. resignation of the members of the Supreme Council, the
Governor may, in his absolute discretion, dismiss the Chief Minister and the
members of the Supreme Council.(2)Where the Chief Minister and members of the Supreme Council have been dismissed as aforesaid they shall forthwith cease to exercise the functions of their respective offices and the provisions of the State Constitution shall thereupon have effect for the purpose of appointing a new Chief Minister and members of the Supreme Council and for all other purposes pursuant thereto.
HANSARD
Extract from local media
“Najib tables motion to revoke emergency proclamations
http://www.mysinchew.com/node/66865
http://www.mysinchew.com/node/66865
- 1966 Emergency Proclamation
issued in
- 1969 Emergency Proclamation issued following the May 13 racial riots; and
2011-11-24 15:34
KUALA LUMPUR, Nov 24 (Bernama) -- Prime Minister Datuk Seri Najib Tun Razak
today tabled a motion in the Dewan Rakyat to revoke three emergency
proclamations.
The proclamations, issued by the Yang di-Pertuan Agung, are the Emergency
Proclamation 1966, Emergency Proclamation 1969 and Emergency Proclamation 1977.
The 1969 emergency proclamation was issued on May 15, 1969 , following racial riots two days earlier.
The 1966 and 1977 emergency proclamations, issued on Sept 14, 1966 , in Sarawak
and Nov 8, 1977 , in
Kelantan, respectively, were aimed at resolving political disputes in the two
states.
Najib, in tabling the motion, said the move to annul the emergency
proclamations was made because the conditions which threatened security and
public order then no longer existed.
He said that any ordinance made under the emergency proclamations and laws
formulated under Article 150 of the Federal Constitution when the emergency
proclamations were in force would cease to be effective six months after the
emergency proclamations are annulled.
He described the annulment of the laws as important and monumental and as
courageous as the measures taken by past leaders to declare the emergencies.
"The annulling of the emergency proclamations is proof that the
government is always prepared to reform the country's laws in accordance with
the times and strengthen government efforts to ensure that the country remains
progressive.
"It is also done because we believe in the maturity of Malaysians,"
he said.
Najib said the annulment of the emergency proclamations is the second phase
of the Political Transformation Programme (PTP) as announced in conjunction
with Malaysia Day in September.
The first phase involved the abolition of the Banishment Act 1959 and the
Restricted Residence Act 1933.
"The government will table the necessary legislation in March
2012," he said.
In his speech, Najib took a swipe at the opposition political parties,
saying that they were willing to promise anything to garner the people's
support.
"The real test for a government is to do something when it has the
authority to do so. Thus, we find that those not in power can promise the sun,
moon and the stars.
"They may say 'try us out first'. But, I am sure that Malaysians will
not gamble their future away but place their trust in us, the tried and the
tested," he said.
The government lifts the existing three
emergency proclamations which in effect makes the Emergency Ordinance void.
(Free Malaysia
Today) – The government today lifted the three existing emergency
proclamations, rendering the Emergency Public Order and Prevention of Crime
Ordinance 1969 (EO) void.
In accordance with clause (7) Article 150 of the Federal Constitution, the
EO would lapse in May, six months after the proclamations are lifted.
The three proclamations are:
1977 Emergency Proclamation issued in Kelantan on Nov 8, 1977 to resolve the state’s political
disputes.
“The reason the proclamations are lifted is because the emergency situation
which threatens the security, economic livelihood and public order does not
exist at the present moment,” Prime Minister Najib Tun Razak told the Dewan
Rakyat.
He also informed the House that with the EO rendered void, a need arises for
the government to take the necessary steps to ensure that there would be no
difficulties or obstacles for the authorities to control crime, protect
economic livelihood and ensure public order.
The existence of the proclamations also gave the government, under Article
150 of the Federal Constitution, to make laws without passing them through
Parliament.
However, Najib said with the lifting of these proclamations, the government
no longer has the power to make laws under Article 150.”
HANSARD 24/11/2011
No comments:
Post a Comment