Substantial powers in case of emergency, questions remain



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The details of the Emergency (Essential Powers) Ordinance 2021, which will apply retroactively as of January 11, 2021, have been made public by the Attorney General’s Office and grant the executive broad powers as indicated by Prime Minister Muhyiddin Yassin in his announcement on January 12.

The Ordinance covers a variety of governance issues, including the suspension of parliamentary and state elections, the power of the executive to make regulations, the establishment of an independent special committee, the provision for the temporary seizure of assets and resources, additional powers to the armed forces and special powers for instructions for treatment, immunization, isolation, observation or surveillance (in relation to Covid-19).

Among the questions raised by the document that was promulgated by Yang di-Pertuan Agong Sultan Abdullah Sultan Ahmad Shah on January 14, is that it does not appear to have an end date and does not set a time frame for when powers will cease. Apply.

In particular, those who violate the provisions for the temporary seizure of assets and resources will be punished with a fine of RM5 million or 10 years in jail or both.

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