EMERGENCY may need to be continued (or re-proclaimed later) as the PN-BN Plus failed in many aspects?..Emergency Ordinance live on for 6 month after Emergency ends unless...

When an EMERGENCY is proclaimed, then the government has the capacity vide Emergency Ordinances to make speedy changes of the existing law that is required to deal with such a public health emergency. In fact, the PN-BN Plus government could have already made the needed amendments since March 2020, when the Covid-19 Pandemic started but sadly, they failed to do so....

Some examples of law changes needed:-

1 - Parliament Sitting and Functioning - laws should have been put in place that allowed for the continued safe operation of Parliament, including its various different committees ONLINE without requiring actual physical presence in the Parliament building.  

2 - Elections and By-Elections - As it is the law, stipulates within how many days elections must be held. There is NO provision in law that empowers the Election Commission or anyone to delay the date of elections. Law amendments needed to empower the delaying of Elections by reason of pandemics/health emergencies, natural disasters, etc. The PN-BN Plus government could have tabled the needed amendments since 2020 before the Emergency Declared, and even tabled needed law amendments now in this Parliamentary sitting but they failed to date. Hence, the Emergency Ordinances still have to be relied on. Election laws also may need to be amended to allow voting over several days, allow voters out of constituency in Malaysia to vote where they are without having to come back to to their constituencies to vote, increasing campaign periods to not less than 30 days - longer period needed for postal ballot to reach voters overseas,etc and for them to post back their votes. During this pandemic, postal services are disrupted. I have not even received letters that the Court allegedly send me several weeks ago. Of court, the Election Commission ought to be given power of investigation and prosecution of election offences...

3 - Government need to acquire or use of resources, venues and staff of the private sector(plus State/Local Government) to combat the pandemic. This law would stipulate also the rate the private owner will be paid for the use of their venue, for example. That rate must be not the usual rates during this Emergency - but minimal rate just to cover cost. Now privately owned venues are being used for vaccinations - but how much are the private owners being paid. PWTC is being used, if not mistaken, it is owned by UMNO, - so how much are they being paid. How much is the Federal Government responsible for health paying not just private owners, but also State and/or Local Government for the use of these premises. The government could have used schools and government facilities for FREE. Sadly, the Emergency Ordinances seem to have failed to state the rate of payment - so, this government may end up paying usual rates to these private facilities - a waste of monies. Here again, we may need a law to deal with this - not simply the ability to use resources but also the minimal rates of payment or whether FREE. 

4.    MORATORIUM OF LOAN PAYMENTS - is there any law that allows for this? Remember, the consumer is bound by CONTRACTS and unless the government by law varies the contract, there will be future problem. Contracts cannot be varied by policy or request - it needs a law. When the moratorium ends, will we have to pay LUMP SUM all payments delayed by moratorium? Was the delay caused interest to continue to be charged? Will after the Moratorium, the rate of monthly payment be increased? Remember, most families simply may not have the extra cash to pay a higher amount of their monthly loan obligations. Again, this problem could have been properly dealt with by Emergency Ordinance or laws now to deal with this problem. 

5.   Workers - the law need to be amended to provide for maybe 14 paid Covid-19  leave at least, applicable to all workers not just those earning less than RM2,000. This is used when workers are subject to quarantine, cannot go to work because live in area under PKPD, when they go for vaccination, when they are hospitalized(or asked to stay home) when infected. - Sadly, the PN_BN Plus did not deal with this important point. Then, there is the issue of the daily-paid, when they are in fact working every day similar to monthly paid workers. For the daily paid, they get paid just on the days they come to work > really, this daily paid workers system must be abolished to replace it with monthly paid (hence clearly they also then will be able to enjoy paid rest days, paid public holidays, etc...)

6.    The violations of SOP is NOT an offence - unless the law states so, but the law does not make violation of SOP a crime. Many actions that the government is taking because one violates a SOP may be 'ILLEGAL'. It has been pointed out that the Minister under most laws including the Malaysia's Prevention and Control of Infectious Diseases Act 1988, has the power to make Regulations(law) which can create offences, and even stipulate sentences. This is what should have been done - not SOPs or Guidelines. The people have been 'hood-winked' by all these talk about actions like even closing down business premises because they violated some SOP. 

UNLIKE normal laws, Emergency Ordinances can 'super laws' - it can even be in violation of the Federal Constitution and other existing laws. Art 150(6) do talk about this '...while a Proclamation of Emergency is in force, Parliament may, notwithstanding anything in this Constitution make laws with respect to any matter,...'  

(5) Subject to Clause (6A), while a Proclamation of Emergency is in force, Parliament may, notwithstanding anything in this Constitution make laws with respect to any matter, if it appears to Parliament that the law is required by reason of the emergency; and Article 79 shall not apply to a Bill for such a law or an amendment to such a Bill, nor shall any provision of this Constitution or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a Bill to the Yang di-Pertuan Agong for his assent.

(6) Subject to Clause (6A), no provision of any ordinance promulgated under this Article, and no provision of any Act of Parliament which is passed while a Proclamation of Emergency is in force and which declares that the law appears to Parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this Constitution.

Of course, we expect our government to be made up of "GOOD" people who will not abuse these powers for wrong purposes - but simply because it is 'required by reason of the emergency...' 

During this pandemic, we all know that our laws have so many flaws - and we had little choice by declare an Emergency and thereafter needed ordinances to allow by-elections to be postponed, to allow the government to be able to use facilities, resources owned by others, etc 

Of course, there is no justification to suspend Parliament or State Legislative Assemblies - laws should have been put in place so that online meetings of Parliament can be held. Look around you - everyone is meeting and even having AGMs and Congresses Online - so, why can't Parliament do the same - but then, the PN-BN Plus government failed to make Emergency Ordinances before this to facilitate this...or even tabled Ordinances/Acts of Parliament at the start of this session.

Covid-19 was used to suspend Parliament - and on Thursday, again it was used to adjourn..and adjourn...and adjourn. Many believe Covid-19 may again be used for Parliament not to sit on coming Monday..

So, at the end of the day, I believe that EMERGENCY need to be continued beyond 1/8/2021 by reason of the failings of the PN-BN Plus government to do something about the needed amendment to the Constitution, laws or new laws - which all could have been tabled in Parliament this week, and passed in a couple of days...

There is a misconception that EMERGENCY ORDINANCES will automatically cease to have effect when EMERGENCY ends - Not true. Emergency Ordinance live on for a further 6 months

150 (7) At the expiration of a period of six months beginning with the date on which a Proclamation of Emergency ceases to be in force, any ordinance promulgated in pursuance of the Proclamation and, to the extent that it could not have been validly made but for this Article, any law made while the Proclamation was in force, shall cease to have effect, except as to things done or omitted to be done before the expiration of that period.

Why 6 months? Well, it is time for Parliament to make needed laws that may be needed before the Ordinance lapses... 

Of course, the Emergency Ordinances could easily be revoked before that 6 months if Parliament elects to ANNUL these Ordinance by Resolution..

OR The said Emergency Ordinances had before Parliament sat was REVOKED - and this revocation would be by an Emergency Ordinance that repeals all previous Emergency Ordinances. As we know, the Cabinet wanted to do this, but the King did not yet assent to it or proclaim it before Parliament sat..

So, EMERGENCY need to be continued to make speedy new 'special laws' to deal with this Covid-19 emergency...which the PN-BN Plus government has yet to put in place...

If the PN-BN Plus government had enacted the needed ordinances, then no need for the continuation of an EMERGENCY as the Emergency Ordinances live on for 6 months and so there is time to put in needed laws in place within this time..

Maybe EMERGENCY should continue, so that at least by another Emergency Ordinance, those BAD aspects of the earlier Emergency Ordinances could be effectively removed...

We will discuss this further at a later time...

In fact, just saw that the DECISION of whether EMERGENCY should continue or not should be left to the Parliament...

But, the problem is that this EMERGENCY ends on 1/8/2021, and Parliament sits on 2/8/2021..

So, Emergency can END - for after all, the Emergency Ordinances live on for 6 months...

BUT, Parliament must HURRIEDLY SIT maybe the following week, to determine whether EMERGENCY ought to be proclaimed again - simply to clean up the mess of the PN-BN Plus Cabinet...

If Muhyiddin has lost his majority, or resigns himself, the King can quickly appoint another PM and life goes on.. 

See earlier post:-

An apology by Muhyiddin/Takiyuddin would have sufficed - BUT what happened and where is this going?

ALL Emergency Ordinances repealed - a foolish move that will jeopardize us? EOs allowed government to do certain things but now how?

Parliament - Laws so Parliament can function virtually - not HYBRID? UMRAH? Hagia Sophia? Different Quarantine Requirements?

 

Chong: Parliament should determine whether Emergency to continue

By Lim How Pim on July 30, 2021, Friday at 12:23 PM Sarawak

Chong Chieng Jen

KUCHING (July 30): Parliament should determine whether or not to lift or extend the Emergency, said Democratic Action Party (DAP) Sarawak chief Chong Chieng Jen.

He said this is because Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah had decided for the government to return to Parliament to arrive at a decision on the matter, which should not be up to the Cabinet.

“In fact, the King has decided. His decision is for the government to return to Parliament for the determination of whether to extend or revoke the Emergency Ordinances (EO).

“What the de facto law minister (Datuk Seri Takiyuddin Hassan) and the Cabinet did is a blatant disregard for the decree of the King to have the question whether the EO ought to be extended or otherwise posed and voted in the Dewan Rakyat,” he said when contacted by The Borneo Post.

The national state of Emergency, which was imposed early this year, is scheduled to end on Sunday.

Chong, who is Stampin MP and currently in Kuala Lumpur, expects to attend the Parliament sitting on Monday.

He said the King’s decree is in line with the basic principle of Parliamentary democracy and regretted that the Cabinet had gone against this.

The DAP lawmaker opined the Cabinet had not only gone against the King but also infringed the Federal Constitution and the fundamental principle of Parliamentary democracy.

“The whole purpose of the King making the decree is that the government has failed the people in its handing of the Covid-19 pandemic.

“That alone, the Cabinet must resign and allow the King to appoint a new prime minister to take over the job of fighting the pandemic,” Chong claimed.

In a statement yesterday, Sultan Abdullah said he was “deeply saddened” by Takiyuddin’s assertion in Parliament that the EO had been revoked.

The King added that the minister’s remarks had confused Parliament, and that the announcement was “not accurate”.

His statement was met with calls for Takiyuddin’s resignation as well as for Tan Sri Muhyiddin Yassin to step down as prime minister. - Borneo Post, 30/7/2021

 

 

An apology by Muhyiddin/Takiyuddin would have sufficed - BUT what happened and where is this going?

What is happening? The priority is public health and the well-being of Malaysians but alas sadly politics and power seems to have made even MPs to forget the priorities...

The issue now is not whether the Prime Minister enjoys the support of the majority or not - a motion of no confidence supported by the majority in Parliament on a day does not prove that PM has lost the support of the majority of the MPs, unless the number that voted for the said motion is more than 50% of the total number of MPs(whether in Parliament on the day of the vote or not).

The major concern now is the revocation of the Emergency Ordinances - personally, most of it must be revoked but some parts ought to have be retained. 

The government is using private facilities for vaccination and quarantine, by Emergency ordinances the government can use this facilities not at the usual rates - but at a reduced rate sufficient to cover basic costs. The government can utilize private hospital facilities at a certain rate - not the usual profitable rates. The ordinances to date fail to address the rates of payment when government uses these other private or state/local government facilities. Is PWTC not owned by UMNO - is the government paying PWTC high rates during this pandemic? If so, this is an abuse - government schools, halls and other facilities could be used at a much lesser cost to the people of Malaysia..

BACK TO WHAT IS HAPPENING NOW?

It all started when the de facto Law Minister stated in Parliament that the government had revoked all 6 Emergency Ordinances on 21/7/2021.

Today(29/7/2021), the King came out and said that he did not agree to the repeal of the said Emergency Ordinances.

Then the Prime Minister's Office came out stating that they had followed the law and had advised the King to revoke the said ordinances. King has no choice but to do as Cabinet says. Good - but it does not get revoked until the King does the needful...and the King has yet to do so. How long has the King to do what is needed - in normal times, he has 30 days, but the Constitution does not provide a shorter time frame for the King to do the needful...? 

Hence, all that the PM or Cabinet can really say is that they have advised the King to revoke ...full stop. The King has not revoked, and Parliament sat - hence the procedure for revocation changes - now it has to be tabled in Parliament...but, then no such motion was tabled in Parliament. NOTE different procedures apply based on whether Parliament is still sitting or not...

Well, for Emergency Ordinances to be amended or repealed during an Emergency, when Parliament is not sitting, it is possible.

An Emergency Ordinance can be amended, and even repealed but that can be done by an Emergency Ordinance. The PN-BN Plus government maybe wanted to do this before Parliament sat to prevent ????... There is NO Emergency Ordinance repealing all previous EOs, is there?

Yes, the King must act on the advice of the Cabinet - so the Cabinet should have prepared the Ordinance repealing all the 6 previous Emergency Ordinance and submitted it to the King for his assent...and, after the King assents to it, that Ordinance will be gazetted. All this can happen really fast.

Unlike normal Acts of Parliament, where the King's ability has been removed - there the King has no choice but to assent, and if he does not assent within thirty(30) days, it is deemed that the King has assented to it. 

Article 66 Federal Constitution

(4) The Yang di-Pertuan Agong shall within thirty days after a Bill is presented to him assent to the Bill by causing the Public Seal to be affixed thereto.

(4A) If a Bill is not assented to by the Yang di-Pertuan Agong within the time specified in Clause (4), it shall become law at the expiration of the time specified in that Clause in the like manner as if he had assented thereto.

The King has no longer power to refuse his assent to Bill passed by both Houses of Parliament - but the King has the power to delay it for 30 days. 

It is stated in 66(5) '(5) A Bill shall become law on being assented to by the Yang di- Pertuan Agong or as provided in Clause (4A), but no law shall come into force until it has been published, without prejudice, however, to the power of Parliament to postpone the operation of any law or to make laws with retrospective effect.' 

Different when there is an Emergency and Parliament is not sitting

BUT when it comes to an Emergency and Emergency Ordinances, things are a bit different especially in this Malaysian Emergency, where Parliament was 'suspended' - not sitting - laws now could not pass Parliament 

In that situation, they are drafted by the Cabinet and send to the King for his royal assent. After the King assents, it becomes law - these are called Emergency Ordinances - not Acts of Parliament as it is called when there is no Emergency.

Article 150(2B) states, 'If at any time while a Proclamation of Emergency is in operation, except when both Houses of Parliament are sitting concurrently, the Yang di-Pertuan Agong is satisfied that certain circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as circumstances appear to him to require.

This means that the King will make the law - but the King does not make law/ordinances as he pleases. He does not have that power in Malaysia. He makes these Emergency Ordinances as advised by the Cabinet.

So, Cabinet makes the Ordinances and sends it to the King to promulgate these Ordinances. 

Unlike normal Acts of Parliament, where the King has no choice but to agree(assent) - the most he can do is delay for 30 days, the question is whether when it comes to Emergency Ordinances, the King retains the power of REFUSAL - yes, the power to reject proposed Ordinances or not. How long can he delay giving his assent in the case of Emergency Ordinance is also doubtful. 

From the news reports, it is clear that the Cabinet may have asked him to promulgate or put the Ordinance into effect BUT it seems the KING refused or maybe just had not done so yet - that means that the Emergency Ordinance to REPEAL all them previous Emergency Ordinance is still not law - meaning that the de facto Law Minister(most probably acting on behalf of Cabinet has LIED).

So, all that the Cabinet needed to do was to APOLOGIZE...full stop. BUT sadly this did not happen, and the government of the day seems to insist that they did no wrong...and, they are still saying that the said Ordinances have been repealed.

GOOD NEWS - If the said Emergency Ordinances are repealed, then the maximum fine is back to RM1,000-00. So, if there are any violation of the regulations or SOP, no more will you be liable for a maximum fine of RM50,000 - and no more can they offer compounds of more than RM1,000...

Again, we still have not seen the Emergency Ordinance that repealed all the 6 previous Emergency Ordinances - it is doubtful that it exist????

And, now the Opposition is taking advantage of this situation and asking for a Motion of No Confidence against the Prime Minister - a bid to oust the Prime Minister???

What the Opposition should have done is to table a Motion that the Proclamation and all Emergency Ordinances be immediately be laid before the  both Houses of Parliament - as the King has just confirmed that he has not yet repealed the said Emergency Ordinances...it has not yet been revoked. Parliament can then annul the Proclamation...OR repeal/amend the Ordinances.

150 (3) A Proclamation of Emergency and any ordinance promulgated under Clause (2B) shall be laid before both Houses of Parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed by both Houses annulling such Proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the Yang di-Pertuan Agong to issue a new Proclamation under Clause (1) or promulgate any ordinance under Clause (2B).

What happens if a Motion of No Confidence is tabled, and the majority present in Parliament says it has lost confidence in the Prime Minister - it will be shameful for the Prime Minister - but it would not be conclusive to remove a sitting Prime Minister unless it can proof that more than 50% of the MPs of Malaysia has lost confidence in Muhyiddin.. in other words, no use if the Motion is passed with 100 MPs voting in support - only would be effective if more than 50% of the MPs(present or absent from Parliament) says that they have lost confidence in Muhyiddin...

As it stands now, the PN-BN Plus MPs seem to still want the PN-BN Plus government to rule - but for maybe some other to replace Muhyiddin as the PM?

Will the PH Plus government come back into power - yes, if they can forward a PM candidate than can get the confidence of the majority...

But, that is the problem - PH may still want to name Anwar Ibrahim as the Prime Minister - but the sad reality is that they may not get enough Opposition or other MPs to support this. If PH Plus puts forward another candidate, then maybe there is a chance that PH Plus may come back into power..

The question amongst the Opposition now is whether the country and its people comes before personal aspiration???

Most likely, come Monday, the Motion of No Confidence may not be tabled in Parliament - it will be a propaganda issue for the Opposition.

What else could happen in the next few days? Muhyiddin may tender his resignation, and the PN-BN Plus government will name another as the next Prime Minister ...maybe, it will be an MP from UMNO? 

Govt didn’t get King’s consent to revoke ordinances, says Istana

FMT Reporters

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July 29, 2021 12:17 PM

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Istana Negara says the Yang di-Pertuan Agong did not give his consent to the revocation of the emergency ordinances.

PETALING JAYA: Putrajaya did not get the Yang di-Pertuan Agong’s consent to revoke the emergency ordinances when law minister Takiyuddin Hassan announced the revocation on Monday, Istana Negara said.

“The King stresses that the minister’s statement in Parliament on July 26 is inaccurate and misled the members of the Dewan Rakyat,” said Comptroller of the Royal Household Ahmad Fadil Shamsuddin in a statement today.

Fadil said Articles 150(2B) and 150(3) of the Federal Constitution clearly gave the authority for the enactment and revocation of ordinances to the King.

He said the King was aggrieved by Takiyuddin’s statement on Monday since he had yet to consent to the revocation.

What the King told Takiyuddin and Attorney-General Idrus Harun during a virtual audience, he said, was that the revocation of ordinances should be tabled and debated in Parliament.

Fadil said the King stressed that the government’s actions had also failed to respect the rule of law and went against the Agong’s functions and powers as the head of state, as enshrined in the constitution.

“The King believes that, as the head of state, it is compulsory for His Majesty to advise or reprimand any party whose actions are unconstitutional,” he said.

On Monday, Takiyuddin had told the Dewan Rakyat that all the emergency ordinances had been revoked as of July 21 because the government decided to cancel them under Article 153 of the Federal Constitution.

He had dismissed questions on the matter over the past few days in Parliament – with many asking if the King had given his consent. Takiyuddin said he would address them all next Monday.

Lawyer Bastian Pius Vendargon had said the Cabinet could not unilaterally revoke the ordinances, with gazette notification an important part of legal procedure.

“If the King has not come into play in this instance and there is no gazettement, then the ordinances can’t have been revoked,” he told FMT. - FMT, 29/7/2021

 

PMO maintains PM, law minister adhered to Constitution in announcing revocation of Emergency Ordinances

Thursday, 29 Jul 2021 07:46 PM MYT

BY YISWAREE PALANSAMY

Prime Minister Tan Sri Muhyiddin Yassin and Law Minister Datuk Seri Takiyuddin Hassan are pictured at Parliament, Kuala Lumpur July 27, 2021. — Bernama pic

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KUALA LUMPUR, July 29 — The Prime Minister’s Office (PMO) today maintained that Prime Minister Tan Sri Muhyiddin Yassin and de facto law minister Datuk Seri Takiyuddin Hassan had observed and followed all the due processes under the Federal Constitution when announcing the revocation of the Emergency Ordinances (EOs) on Monday.

In a statement today, it said Muhyiddin had written a letter to the Agong on July 23 advising the ruler to revoke the EOs, and again in an audience on July 27.

 

Kenyataan Media Pejabat Perdana Menteri - 29 Julai 2021 pic.twitter.com/MGw6AywQKQ

— Muhyiddin Yassin (@MuhyiddinYassin) July 29, 2021

 

The government is of the view that all these actions taken are orderly and in accordance with the provisions of the law and the Federal Constitution,” the statement read.

It pointed to Articles 40(1) and 40(1A) of the Constitution stating that the Agong, while exercising his constitutional functions or functions under federal law, is to accept and act in accordance with the Cabinet’s advice or the advice of a minister acting under the general authority of Cabinet, except otherwise provided by the Federal Constitution.

The PMO said that on July 24, the King had summoned Takiyuddin and Attorney General Tan Sri Idrus Harun to provide a detailed explanation with regards to the Cabinet’s advice, adding that on July 26, all of the EOs were laid in the Dewan Rakyat, in line with Article 150(3) of the Federal Constitution.

It also suggested that the confusion came after Opposition MPs urged for the Dewan Rakyat annul the EOs.

“Subsequently, Minister in the Prime Minister’s Department (Parliament and Law) as the minister responsible for legal affairs, informed the Members of the House of Representatives that the government, namely the Cabinet, had decided to repeal the Emergency Ordinances.

“This is a statement of fact that aims to inform the Dewan Rakyat of the actual situation in a transparent manner,” it said.

Earlier today, the King expressed his deep disappointment at Takiyuddin’s assertion in Parliament that the EOs have been revoked despite him not giving his assent yet.

Istana Negara’s statement resulted in an uproar inside the Dewan Rakyat earlier today leading to a long break, with the sitting ultimately cut short following announcement that two more of those in the hall were positive with Covid-19. - Malay Mail, 29/7/2021

  

 

 

Lynas Decision Judicial Review - Judge must give REASONS why Judicial Review application dismissed? Now, we are all guessing why?

Judicial Review application challenging Lynas licence extension dismissed WITH COSTS - RM20k to PM/Ministers/governtment and RM20K to Lynas, 

WHAT IS THE REASON for dismissing the Judicial Review application - Well, WE DO NOT KNOW BECAUSE THE JUDGE DID NOT GIVE ANY REASONS? 

Contacted by the media, the government’s legal representative, senior federal counsel Ahmad Hanir Hambaly @ Arwi, confirmed the decision by judge Ahmad Kamal Md Shahid.

“The judicial review is dismissed,” Hanir said, adding that the court’s decision was conveyed via email exchange with the parties this afternoon.

He added that the court did not provide grounds for the decision.

When judges make a decision, the reasons must be stated at the very least the main points for coming to that decision - True, when the written Grounds of Decision comes out later(if it does) - then, there will be more elaboration of the reasons of the decision..

But, the Grounds of Decision may never be written - as many a judge will not provide WRITTEN grounds of decision, unless there is an Appeal filed.

How can anyone make a decision whether to Appeal or not - if you do not know the REASONS why the judge dismissed a case. Are we supposed to GUESS - that is preposterous.

This matter concerning Lynas is certainly a matter of 'public interest' - and many in Malaysia and the world want to know the reasons this particular Judicial Review decision was dismissed. WHY? WHY?

So, are the 3 individuals supposed to GUESS what the reason was? I hope that the HEAD OF THE JUDICIARY provide clear direction to judges - i.e. when they make any decision to allow or dismiss any application, they must also give the reasons for their decision in brief setting out all the points for their decision. Grounds of Judgment must be written thereafter and made available not later than seven(7) days after a judgment was made in any court case - irrespective of whether there is an Appeal or Not?

Grounds of Judgment are KEY as the provide certainty as to why the Court came to any particular decision. 

Was this Judicial Review challenging a GOVERNMENT DECISION dismissed because we cannot challenge the government ...especially the Prime Minister and Ministers? Well, naturally, that may be PERCEPTION that may arise - more so since there seems to be NO REASONS FOR THE DECISION reported?

Was it because the said 3 persons, being ordinary persons, have no right to challenge a government decision..

THEN, there is the question of COST - a punitive cost in my opinion. There should be NO COST when it comes to JUDICIAL REVIEW applications - for this is an application where the people are coming to court and asking the court to Judicially Review a government decision...Even, if there is COST, then it should be token cost, say RM100...

Why exactly did the Court order the 3 applicants to pay Lynas COST? In fact, in a Judicial Review application, there is no need to join anyone but the DECISION MAKER - so, the adding of Lynas could maybe only be a matter of 'courtesy' or maybe because the Applicants may want to apply for an injunction to prevent Lynas from acting on the DECISION the government made...I really do not know. After all, this is all but my opinion.

SHOULD THE COURTS DETER PEOPLE FROM FILING JUDICIAL REVIEW APPLICATIONS TO THE COURT? 

Well, when you order them that fails in their application to pay cost that HIGH - it certainly will deter other people from exercising their Democratic Rights and challenging government decisions in the future - so, WRONG UNJUST decisions of government will just be carried out SIMPLY because the people(not rich) simply cannot afford the penalty of COST..

What is the Minimum Wage - it is RM1,200 - this must be appreciated by court - and as such, whenever the court imposes HIGH COST, the courts simply become inaccessible to many...Remember, after all many not RICH individuals already have to expend time, effort and monies(including legal fees and court charges) to take an application for Judicial Review..

In this case, well, as I see it the applicants are personally not going to be ENRICHED monetarily, etc even if Judicial Review application in this case was successful ..

Well, I do not know what happened in court ...

Note that they are not taking an action against Mahathir in his personal capacity in a Judicial Review application - it is against the Prime Minister, certain Ministers, and government department/agencies > so, after Mahathir is no more Prime Minister - this case reasonably is against them new PM and Ministers ...Muhyiddin Yassin is also being sued as the Home Minister then... I believe that case would have filed before the 'change of government'..

In Brief,

1.     JUDGES MUST DELIVER REASONS FOR THEIR DECISIONS WHEN THE         DECISION IS HANDED DOWN - at least briefly. WHY? Decisions are            made based on facts and reasons, and judges have so many cases             which means a delay in writing judgment may lead to 'forgetting' or         possible inclusion of intentional or unintentional 'after-thoughts'(i.e.       matters that may not have been the reasons for the decision was         handed down. Writing grounds of judgment when there is going to be an appeal also may lead to the 'adding' of 'new' justifications. So, best for Judges giving decisions to also state the reasons then and there, and Grounds of Judgment must be immediately written down then and there irrespective whether is an appeal or not.

2.    People should not be DETERRED using the 'check and balance' in a           democracy by applying for Judicial Review of government's decision -        there should be NO COST, or a token cost of less than RM1k. This is           more so in a public interest case where the application is filed by the        people or groups of people.

NOW, PM Muhyiddin and his Cabinet should also say whether they too still stand by the DECISION made by Mahathir and his then Cabinet. Since, they challenged this Judicial Review application, it can be said that the fully support the then PH Plus government decision on Lynas.

Note that in Court, the PM/Ministers and Government agency was represented by Federal Counsel - not some privately engaged lawyer. 

This opinion is based on media reports - Maybe the judge gave their reason but Media chose to just report 'dismissed' or 'allowed'. If so, Media must be more responsible in the future and also ensure that the REASONS for decision is reported. Poor media reports can mislead us..

 

 

Judicial review application challenging Lynas licence extension denied by High Court

Timothy Achariam

/

theedgemarkets.com

July 28, 2021 17:24 pm +08

The judge ordered costs of RM20,000 to be paid to all respondents by the three individuals challenging the decision to allow the licence extension of the rare earth processing facility owned by Lynas Malaysia Sdn Bhd. (Photo by Reuters)

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KUALA LUMPUR (July 28): The High Court today denied a judicial review application by three individuals challenging the decision of former prime minister Tun Dr Mahathir Mohamad and his Cabinet, and three others, to allow the licence extension of the rare earth processing facility owned by Lynas Malaysia Sdn Bhd.

Senior Federal Counsel Ahmad Hanir Hambaly, when contacted, said that Judge Datuk Ahmad Kamal Md Shahid denied the judicial review application in online proceedings this afternoon. 

The judicial review was filed by Save Malaysia, Stop Lynas chairman Tan Bun Teet and two Kuantan residents, namely Ismail Abu Bakar and G Ponusamy, on Nov 8, 2019 as the applicants. They were all represented by lawyers Datuk Seri Gopal Sri Ram, Dinesh Athinarayanan and Saha Deva.

Ahmad Hanir, meanwhile, was representing Dr Mahathir, the first respondent, and the 27 Cabinet ministers at that time, who were the second to 28th respondents, the Malaysian government and the Atomic Energy Licensing Board (AELB), while Lynas was represented by lawyers Tan Sri Cecil Abraham and Datuk Sunil Abraham.

The judge then ordered costs of RM20,000 to be paid to all respondents by the three individuals. 

The court also ordered the trio to pay another RM20,000 costs to Lynas.

The three individuals, among other things, were seeking a declaration that Dr Mahathir and the 27 ministers’ collective decision as the federal Cabinet on Aug 15, 2019 to allow a licence extension of six months for the Lynas operation was null and void.

The first applicant, Tan, also filed his objection to the environmental impact assessment (EIA) by showing there were breaches to the licensing conditions and underground water pollution as included in the executive review committee report.

Jenny Ng - Edge Market, 28/7/2021

Court throws out legal challenge against Lynas' operating licence extension

Hidir Reduan Abdul Rashid

Published 28 Jul 2021, 4:18 pm

Modified 28 Jul 2021, 5:15 pm

2

Save Malaysia Stop Lynas (SMSL) and two Kuantan residents failed in their legal bid to squash the six-month operating licence extension granted to the Lynas rare earth processing plant by the then Pakatan Harapan federal administration.

The High Court in Kuala Lumpur this afternoon dismissed the judicial review application by SMSL chairperson Tan Bun Teet as well as Ismail Abu Bakar and G Ponusamy.

Contacted by the media, the government’s legal representative, senior federal counsel Ahmad Hanir Hambaly @ Arwi, confirmed the decision by judge Ahmad Kamal Md Shahid.

“The judicial review is dismissed,” Hanir said, adding that the court’s decision was conveyed via email exchange with the parties this afternoon.

He added that the court did not provide grounds for the decision.

Under the law of civil proceedings, in the event that a court does not provide grounds for a decision when initially delivered, the detailed grounds would be provided later when the full written judgment is issued.

When contacted later today, lawyer A Dinesh said the court ordered his clients - Tan, Ismail and Ponusamy - to pay a total of RM40,000 as costs to the 31 respondents in the matter.

On Nov 8, 2019, the trio filed the legal action, naming then prime minister Dr Mahathir Mohamad and the members of the then Harapan cabinet as among the 31 respondents in the matter.

In February last year, it was reported that the then Harapan government granted a three-year extension of Lynas’ operating licence, to run until March 2023.

The Atomic Energy Licensing Board (AELB) imposed four conditions for the three-year extension, namely that:

1. Lynas to begin the process of developing the permanent disposal facility (PDF) within the first year from the date of approval of the licence;

2. Lynas must submit a work development plan for the construction of the PDF and report on its development status as determined by the Malaysian AELB;

3. Lynas must ensure that the cracking and leaching plant outside Malaysia is in operation before July 2023. After that period, Lynas will no longer be allowed to import raw materials containing naturally occurring radioactive material (Norm) into Malaysia; and

4. Holding of the financial deposit will be maintained for compliance with the relevant licence conditions.

After the proceedings conducted via email this afternoon, Dinesh explained that the court ordered his clients to pay the RM40,000 costs, following submissions on how much costs need to be paid.

“The applicants are required to pay costs of RM20,000 (global costs) to the (first to 30th) respondents without allocator fee.

“The applicants are required to pay costs of RM20,000 to the 31st respondent, subject to allocator fee,” Dinesh said.

The first listed 28 respondents were the former Harapan cabinet members, namely

1. Mahathir;
2. Former deputy prime minister Dr Wan Azizah Wan Ismail;
3. Former energy, science, technology, environment and climate change minister Yeo Bee Yin;
4. Former home minister Muhyiddin Yassin (who is now Prime Minister of the PN cabinet);
5. Former finance minister Lim Guan Eng;
6. Former defence minister Mohamad Sabu;
7. Former education minister Maszlee Malik;
8. Former rural development minister Rina Harun (who is now Women, Family and Community Development Minister in the PN administration);
9. Former economic affairs minister Mohamed Azmin Ali (who is now the PN government’s International Trade and Industry Minister);
10. Zuraida Kamaruddin (who in the then Harapan and now PN administration is still Housing and Local Government Minister);
11. Former transport minister Anthony Loke;
12. Former communications and multimedia minister Gobind Singh Deo;
13. Former human resources minister M Kulasegaran;
14. Former agriculture and agro-based industry minister Salahuddin Ayub;
15. Former health minister Dzulkefly Ahmad;
16. Former youth and sports minister Syed Saddiq Abdul Rahman;
17. Former entrepreneurship development minister Mohd Redzuan Md Yusoff;
18. Former water, land and natural resources minister A Xavier Jayakumar;
19. Former domestic trade and consumer affairs minister Saifuddin Nasution Ismail;
20. Former works minister Baru Bian;
21. Former foreign affairs minister Saifuddin Abdullah (now Communications and Multimedia Minister in the PN government);
22. Former primary industries minister Teresa Kok;
23. Former minister in the prime minister’s department (religious affairs) Muhajid Yusof Rawa;
24. Former federal territories minister Khalid Abd Samad;
25. The late former minister in the prime minister’s department (legal affairs) Liew Vui Keong;
26. Former international trade and industries minister Ignatius Darrell Leiking;
27. Former tourism, arts and culture minister Mohamaddin Ketapi;
28. Former minister in the prime minister’s department (national unity) P Waytha Moorthy.

The 29th, 30th, and 31st respondents are the government of Malaysia, AELB, and Lynas Malaysia Sdn Bhd.

Through the judicial review action, Tan and the two Kuantan residents sought a declaration that the then cabinet’s decision on Aug 15, 2019 was null and void as it contradicted an earlier Dec 4, 2018 decision by the Energy, Science, Technology, Environment, and Climate Change Ministry (Mestecc) on the matter.

On Aug 15, 2019 the then cabinet decided to grant Lynas the extension, provided they fulfilled three conditions:

1. Present a plan for a cracking and leaching facility abroad and transfer the processing of radioactive waste from its Gebeng plant in Kuantan
2. Identify a specific location for a permanent disposal facility for existing radioactive waste
3. Stop all research and development on the usage of radioactive waste

The ministry earlier set two conditions for Lynas before allowing any license renewal - remove accumulated radioactive Water Leach Purification (WLP) residue from Malaysia; and submit an action plan on how it will dispose of non-radioactive waste.

The trio also sought a declaration that Mestecc Minister Yeo Bee Yin unlawfully and wrongly delegated her decision-making power, provided under Section 32 of the Atomic Energy Licensing Act 1984, to the cabinet.

They contended that the cabinet acted beyond its legal authority in the Aug 15, 2019 decision. - Malaysiakini, 28/7/2021

ALL Emergency Ordinances repealed - a foolish move that will jeopardize us? EOs allowed government to do certain things but now how?

In Parliament, on 26/7/2021, the government informed us about the repeal of ALL SIX(6) Emergency Ordinances happened on 21/7/2021. 

Well, laws and even Emergency Ordinances cannot be repealed simply by the Cabinet/government say so - it requires a specific Act, and in this case a specific Emergency Ordinance to REPEAL the said SIX(P) EOs - I do not see any such Emergency Ordinance, which means that that 6 EOs may still be in force.

WHY DID THE GOVERNMENT NOT TELL US THAT THEY WERE GOING TO REPEAL THE SAID EMERGENCY ORDINANCES, AND WHEN EXACTLY IT WAS DONE?

Repeal must also be GAZETTED - has it been gazetted?

GAZETTES is the means the government inform the PUBLIC - but unfortunately public access to these gazettes are very difficult. IT must FREE and easy - and should be available online.

Now, the problem is that we need to PAY MONIES to subscribe or have sight of government gazettes.

TRANSPARENCY demands that Public can easily access the Government Gazettes - both at the Federal and State levels.

In fact, all LAWS and Regulations should also be accessible online FREE OF CHARGE.

There were certain matters in these said 6 EOs that are bad - but there were also good and needed provisions. Repealing the bad parts is GOOD, but repealing the good and needed parts may be irresponsible. Remember our PM's speech when Emergency started - and some of the reasons advanced about the need for Emergency Ordinances that will be enacted...

....12. In this context, several Emergency Ordinances may be promulgated by His Majesty the Yang di-Pertuan Agong for the purpose of curbing the COVID-19 epidemic, including matters relating to the use of private hospital assets, temporary acquisition of land, buildings or private hospital movable assets or making requests for the use of private hospital resources for the purpose of treating COVID-19 patients.

13. Towards this, the Government may seek more inclusive involvement from the private sector, including private healthcare facilities to help ease the burden borne by Government agencies, especially public hospitals. Through this ordinance, assistance to be made available by the private sector includes human resources, expertise, facilities, assets, testing laboratories and utilities.

14. Furthermore, the necessary powers under this Ordinance during the pandemic, will also be utilized to facilitate businesses and overcome any regulations that make it difficult to deliver public health services quickly, efficiently and effectively.

15. An ordinance may also be promulgated to provide enforcement powers to the Malaysian Armed Forces in addition to the existing powers, in accordance with the powers accorded to the Royal Malaysian Police under the Criminal Procedure Code or any other relevant law enforcement authorities.

16. The Malaysian Armed Forces will also be provided with the power to assist in performing the functions relating to public health and the functions performed by the relevant civil servants. In line with the Emergency Proclamation, the aspect of national border controls will also be tightened by empowering military personnel as well as police and immigration personnel to arrest illegal immigrants and anyone who encroaches on our national borders.

17. Additionally, an Ordinance may also be enacted to amend the Prevention and Control of Infectious Diseases Act 1988 to enhance the effectiveness of enforcement of this Act in curbing the spread of COVID-19. This includes increasing the penalties or punishments for anyone who violates the laws and regulations relating to the control of the spread of the COVID-19 pandemic.

18. Ordinances aimed at combating economic sabotage, monopolies and excessive increase in the prices of goods during the pandemic can also be proclaimed by His Majesty. Strict enforcement actions and heavier penalties can be imposed for these purposes....

A premature repeal of Emergency Ordinances, whilst we are still under Emergency, may be a FOOLISH move - it automatically will create a "GAP" which will affect necessary measures. For example, will it affect the government's ability to utilize private resources? 

The best move would have been to REPEAL the 'bad portions' and keep the rest in operation until it is replaced by appropriate Acts of Parliament - so there will exist no gaps in operation of things that needed to happen. A premature repeal may result in lawsuits against the government. Private hospitals may suddenly start charging the government(and Malaysians) their normal HIGH RATES... after 21/7/2021 or whenever the said Ordinances get repealed...so many other problems... Did not these EOs give the government the power required to get private financial institutions to provide MORATORIUM on loan repayments...now what?

When powers of government removed by premature repeal of EOs, what happened to powers used by government pursuant to these EOs ....

Parliament is sitting - Has the needed Bills to enact needed legal reforms and laws in dealing the Covid-19 pandemic been even tabled yet? Why not - another failure of government?

 

 

 

All emergency ordinances revoked on July 21, no emergency extension

Minderjeet Kaur

-

July 26, 2021 12:03 PM

De facto law minister Takiyuddin Hassan says the emergency ordinances are no longer relevant.

PETALING JAYA: All the emergency ordinances (EOs) have been revoked as of July 21 because the government decided to cancel them under Article 153 of the Federal Constitution, law minister Takiyuddin Hassan said.

Takiyuddin told the Dewan Rakyat the government has decided it will not advise the Yang di-Pertuan Agong to extend the state of emergency, which ends on Aug 1.

He also said the annulment of the EOs means they are no longer relevant.

However, Gobind Singh Deo (PH-Puchong) said that under Article 153, the decision to extend or revoke the emergency should be made by Parliament.

“It is clear,” he told speaker Azhar Harun, who said it was not true.

Azhar said the emergency ordinances had been revoked earlier.

At this point, Takiyuddin confirmed that the six emergency ordinances were revoked on July 21.

“Not today,” he added. - FMT News, 26/7/2021

 

 

SPEECH TEXT

YAB TAN SRI DATO’ HAJI MUHYIDDIN BIN HAJI MOHD YASSIN
PRIME MINISTER OF MALAYSIA

Bismillahirrahmanirrahim.
Assalamu’alaikum wa rahmatullahi wa barakatuh and Salam Sejahtera.

Ladies and gentlemen,
How are you? I wish you all in the best of health always.

1. Following the statement issued by Istana Negara in relation to the Proclamation of Emergency to be enforced in this country, I am here before all of you to make some explanations.

2. Yesterday, I was granted an audience by His Majesty the Yang di-Pertuan Agong to present the advice by the Cabinet for His Majesty to issue a Proclamation of Emergency in accordance with Article 150 (1) of the Federal Constitution to declare a state of Emergency for the whole Federation effective from January 11, 2021 to August 1st, 2021.

3. Article 150 (1) of the Federal Constitution provides:

“If the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, He may issue a proclamation of Emergency making therein a declaration to that effect.”

4. Pursuant to Article 150 (1) of the Federal Constitution, the threat to economic life is one of the grounds for an emergency proclamation to be made. In the case of Stephen Kalong Ningkan against the Government of Malaysia, the Privy Council stated in its judgment that –

“An emergency to be within that article (article 150(1) of the Federal Constitution) must be not only grave but such as to threaten the security or the economic life of the Federation or any part of it, the natural meaning of the word itself is capable of covering a very wide range of situations and occurrences, including such diverse events as was famines, earthquakes, floods, epidemics and the collapse of the civil government.”.

5. In this regard, as the whole world is currently facing the threat of the COVID-19 pandemic which has directly become a major threat to the economic life of the people in this country, a declaration of emergency can be made by His Majesty the King, the Yang di-Pertuan Agong. Apart from the sharp increase in positive COVID-19 cases, there are several states in Malaysia such as Johor, Pahang and Kelantan currently experiencing heavy flooding, directly posing major threats to the safety and economic life of the people.

6. As I explained when announcing the implementation of the Movement Control Order yesterday, COVID-19 infection cases are on the rise and show no signs of decline in the near future. Therefore, the Government needs to have certain powers to ensure that this pandemic can be curbed more effectively and the health services provided to the people are not crippled.

Ladies and gentlemen,

7. After considering the advice of the Cabinet, His Majesty was satisfied that there was a need to issue an Emergency Proclamation to enable the Ordinance to be promulgated under Clause (2B) of Article 150 as to provide the necessary powers to curb and prevent further spread of COVID-19 pandemic in this country.

8. Allow me to provide further clarification on the form of emergency in this country. I would like to stress that the emergency declared by His Majesty the Yang di-Pertuan Agong is not a form of military coup. The curfew will also not be enforced. Instead, during this emergency period, the civilian government will continue to function.

9. Again, let me assure you that the civilian government will continue to function. The emergency proclaimed by the Yang di-Pertuan Agong is not a military coup and curfew will not be enforced.

10. In terms of government administration, the Cabinet and the States Executive Council will continue to function in accordance with the Federal Constitution and any ordinance proclaimed by His Majesty the Yang di- Pertuan Agong from time to time. I would like to assure you that the administrative and public service machineries of the Federal and State Governments will not be disrupted by this declaration of emergency.

11. Throughout the period of emergency, if His Majesty is satisfied that there are certain circumstances that cause him to take immediate action, then His Majesty may declare any ordinance necessary according to the circumstances.

12. In this context, several Emergency Ordinances may be promulgated by His Majesty the Yang di-Pertuan Agong for the purpose of curbing the COVID-19 epidemic, including matters relating to the use of private hospital assets, temporary acquisition of land, buildings or private hospital movable assets or making requests for the use of private hospital resources for the purpose of treating COVID-19 patients.

13. Towards this, the Government may seek more inclusive involvement from the private sector, including private healthcare facilities to help ease the burden borne by Government agencies, especially public hospitals. Through this ordinance, assistance to be made available by the private sector includes human resources, expertise, facilities, assets, testing laboratories and utilities.

14. Furthermore, the necessary powers under this Ordinance during the pandemic, will also be utilized to facilitate businesses and overcome any regulations that make it difficult to deliver public health services quickly, efficiently and effectively.

15. An ordinance may also be promulgated to provide enforcement powers to the Malaysian Armed Forces in addition to the existing powers, in accordance with the powers accorded to the Royal Malaysian Police under the Criminal Procedure Code or any other relevant law enforcement authorities.

16. The Malaysian Armed Forces will also be provided with the power to assist in performing the functions relating to public health and the functions performed by the relevant civil servants. In line with the Emergency Proclamation, the aspect of national border controls will also be tightened by empowering military personnel as well as police and immigration personnel to arrest illegal immigrants and anyone who encroaches on our national borders.

17. Additionally, an Ordinance may also be enacted to amend the Prevention and Control of Infectious Diseases Act 1988 to enhance the effectiveness of enforcement of this Act in curbing the spread of COVID-19. This includes increasing the penalties or punishments for anyone who violates the laws and regulations relating to the control of the spread of the COVID-19 pandemic.

18. Ordinances aimed at combating economic sabotage, monopolies and excessive increase in the prices of goods during the pandemic can also be proclaimed by His Majesty. Strict enforcement actions and heavier penalties can be imposed for these purposes.

19. All the ordinances proclaimed by His Majesty the Yang di-Pertuan Agong will be gazetted and be made known to the people.

Ladies and gentlemen,

20. During the emergency period, the executive authority of the Federation shall extend to any matter within the legislative authority of the country except for any matter of Islamic law or Malay customary or on any matter of law or custom in Sabah or Sarawak, religion, citizenship and language, in accordance with Clause 6A of Article 150 of the Federal Constitution.

21. In addition, Parliament and the State Legislative Assemblies will not sit until a time set by the Yang di-Pertuan Agong.

22. During the period of emergency, General Elections, State Elections and By-Elections will not be held. Under normal circumstances, a by-election must be held within 60 days after a seat is declared vacant. State elections must also be held within 60 days after the State Legislative Assembly is dissolved. As we all know, the people currently do not want elections to be held to prevent COVID-19 from spreading like what had happened after the recent Sabah State Election.

23. To ensure fair and transparent implementation of the emergency period, an Independent Special Committee will be established under an Ordinance to advise His Majesty whether a major emergency still exists in the Federation to continue with the period of Emergency Proclamation or terminate the Proclamation earlier than the date designated.

Ladies and Gentlemen,

24. Of late, there have been parties urging for elections to be held. I never have the intention to not have the elections. The main thing that prevented me from advising His Majesty the Yang di-Pertuan Agong to dissolve Parliament to enable the General Election to be held is the COVID-19 pandemic.

25. The decision not to hold elections amidst the ravaging COVID-19 pandemic is in line with one of the five principles of Maqasid Syariah which is to take care of life or hifz al-nafs. In this context, it is my duty as the Head of Government to take care of the lives of the people by protecting you all from COVID-19 infections. This is the most important task as enshrined and propagated in Islam.

26. Therefore, I want to give my firm commitment here that the General Election will be held as soon as the Independent Special Committee acknowledges that the COVID-19 pandemic has subsided or fully recovered and elections are safe to be held. At that time, it is up to the people to choose which government is capable and would be given the mandate to govern this country and take care of the welfare of the people. Trust me, this is my commitment and pledge which I will fulfill, God willing.

27. For me, in a situation where the country and people are facing great harm, it is very important that all politicians set aside their political differences and stand in solidarity with the people. When it comes to time for politicking, then do so, with responsibility.

28. I also want to give an assurance that during this period of emergency, the judiciary will continue to function to uphold law and justice. The Perikatan Nasional Government will continue to defend the independence of the judiciary and will never interfere in the affairs of the court. The judiciary will continue to be the beacon of justice in our country and I will never interfere in the business of the court.

29. Economic activities will also continue to function, subject to the SOPs and the Movement Control Order in force. The Government will ensure that economic activities do not stop so that the people can continue to work and do business while trades and industries can continue to operate as usual.

30. The Government is also committed to ensuring that good governance continues to be practised throughout the implementation of the emergency period. Internationally-recognized national regulatory bodies, namely Bank Negara Malaysia, the Securities Commission, and Bursa Malaysia, will continue to play their roles as catalysts, regulators and facilitators of companies and markets.

31. To all the stakeholders keenly monitoring what is happening in Malaysia, I emphasize that Malaysia is open for business. In facing these challenging times, this Period of Emergency will give us much needed calm and stability, as well as enable us to focus on economic recovery and regeneration. We remain committed to good governance during these times and we have a robust and dynamic regulatory ecosystem. We must remember that the Government has a 6-stage strategy in place for economic recovery since March last year and were incorporated in the Budget 2021. Continued stability will enable us to sustain and build upon the economic recovery trajectory we have been working hard for since last year.

Ladies and gentlemen,

32. I would like to call upon all of you to remain calm and give full trust and support to the government to curb the spread of COVID-19 more effectively throughout the emergency period. I also want to call on all politicians, civil society leaders, non-governmental organizations, religious bodies, youth, students and the communities to unite and work together in facing this very difficult situation. Importantly, our only goal is that we must win in our fights against COVID-19.

33. Let us practise self-discipline more strictly throughout this period of MCO and the Emergency. Hopefully, we will be able to flatten the curve of COVID- 19 infection immediately and further ease the pressure on our country’s health system which is burdened by the soaring number of positive COVID- 19 cases every day.

34. My warning to anyone who tries to disrupt the Government’s efforts to manage the COVID-19 pandemic and the country’s economy – we will take stern action against them to uphold national security and welfare of the people.

35. I also hope that religious scholars and religious leaders will continue to pray for the well-being of our country, hopefully, that we are all protected from calamities and disasters.

36. On behalf of the Government, I would like to, once again, extend my heartfelt gratitude for the concerns and wisdom of His Majesty the Yang di- Pertuan Agong in approving the declaration of emergency under Article 150

Wabillahi al-taufiq wal hidayah wassalamu’alaikum wa rahmatullahi wa barakatuh.

 

YAB TAN SRI DATO’ HAJI MUHYIDDIN BIN HAJI MOHD YASSIN
12 January 2021

Source:- Prime Minister's Office of Malaysia