SEPTEMBER 18 — The Emergency (Essential Powers) Ordinance 1969 (No. 10) (Emergency Ordinance 10) was one of the many Emergency (Essential Powers) Ordinances in 1969 alone that was promulgated by the Yang di-Pertuan Agong under Article 150 (2) of the Federal Constitution following the Proclamation of Emergency in that year.
The background to Emergency Ordinance 10 was explained by V K Moorthy as follows:
“By the late sixties the prospects of oil discovery became a real probability and the Federal Government was seriously considering the possibility of greater centralised Federal control over the petroleum industry. This was in order to implement a well co-ordinated national development of the nation.
“The constitutional and legal hurdles were not easy to overcome, especially the vested and protected proprietary rights of the States of Sabah and Sarawak in the sea-bed of the continental shelf. The only real solution would have been negotiations and agreement between the Federal Government and the States concerned. Before such negotiations could be undertaken the country was faced with a national crisis as a result of an outbreak of communal rioting and violence. On May 15th, 1969, a state of national emergency was declared. The Parliament next sat on February 20th, 1971. Between these two dates, the Yang di-Pertuan Agong was empowered by Article 150(2) of the Constitution to ‘... promulgate ordinances having the force of law if satisfied that immediate action is required’. When the emergency was proclaimed, it was not possible to foretell when Parliament would next sit and resume the legislative functions in accordance with the Constitution. In the meanwhile, action was called for in the petroleum sector; there was an urgency to establish some form of centralised control over the petroleum industry.
“On November 8th, 1969, the Yang di-Pertuan Agong, by exercise of powers conferred on him by Article 150(2) of the Constitution, promulgated the Emergency (Essential Powers) Ordinance 1969 (No. 10). This Ordinance amended the Continental Shelf Act [Act 83] and the Petroleum Mining Act [Act 95] so that these Acts applied not only in the States of Malaya [West Malaysia] but in East Malaysia as well.” (See “Changes in the Federal-State Ownership and Exploitation of Petroleum Resources in Malaysia (1982) 24 Mal. L.R 186)
The above should at least be an answer to claims of “federal overreach” and “sidestepping constitutional safeguards” by the Federal Government. (See for example Roger Chin, “How Emergency affected Sabah and Sarawak: Both states yet to see MA63 autonomy fully restored despite revocation of the Emergency Ordinance in 2011” which may be read here.
Such claims ignore the fact that Bapa Malaysia himself, the illustrious Tunku Abdul Rahman Al-Haj, Tunku, affectionately known to Malaysians simply as “Tunku”, was still the prime minister and was consulted on major decisions for approval despite not formally being a member of the National Operations Council (NOC) or Majlis Gerakan Negara (MAGERAN) led by Abdul Razak Hussein as its Director of Operations which governed the country in lieu of the elected government when Parliament was suspended.
Tunku was recognised by historians as one of modern Asia’s political giants along with Mahatma Gandhi, Deng Xiaoping, Jawaharlal Nehru, Lee Kuan Yew, Akio Morita and Soekarno. He was remembered by Prof Shad Saleem Faruqi in the following flowing words:
“Tunku designed a nation with everyone in mind. He showed compassion towards all citizens. He felt that if we come together, we can change the world. He balanced the needs of a dazzlingly diverse set of constituents and used their unique talents and the nation’s ample resources to grow the economy and gain a respectful place in the region.
“Many scintillating aspects of his multi-faceted personality deserve remembrance …. Tunku was a mediator and reconciler par excellence. Bringing diverse people together in 1955, 1957 and in 1963 was his strong point …. [H]e worked ceaselessly to bring the disparate racial and religious communities of the country together … built on an overwhelming spirit of accommodation between the races, a moderateness of spirit and an absence of the kind of passions, zeal and ideological convictions that in other plural societies like India, Pakistan, Sri Lanka, Myanmar, Palestine, Israel, Lebanon, Yugoslavia, Kenya, Uganda, Nigeria, Rwanda and Sudan have left a heritage of bitterness.
“The Constitution of 1957 that Tunku and his colleagues … helped the Reid Commission to draft, reflected the middle path of moderation and accommodation. Despite some flaws, our constitution was, and is, a masterpiece of compassion and compromise. It sought to reconcile the seemingly irreconcilable.
The mediator and reconciler par excellence that Tunku was, are perhaps captured in the establishment of the Petroleum Authority in the Petroleum Mining Act 1966 (Act 95). Section 4(3) of the Act was thoughtfully drafted to provide that the Petroleum Authority in respect of on-shore land was the Ruler or the Governor of the State concerned while in respect of off-shore land the Yang di-Pertuan Agong was the Petroleum Authority.
If not for the Proclamation of Emergency of 1969, Tunku would have started negotiations with the States of Sabah and Sarawak on exploration of petroleum resources to “implement a well co-ordinated national development of the nation”. Parliament would then sit and legislate in accordance with the Federal Constitution, like it did in 1963 to incorporate the terms of the Malaysia Agreement 1963 (MA63) into the Constitution of the Federation of Malaya 1957 to turn it into the Constitution of the Federation of Malaysia 1963 – that is, the Federal Constitution.
Prof Faruqi wrote:
“The overall spirit of the 1957 and 1963 Constitutions was one of tolerance, moderation, compassion and give-and-take. This was Tunku’s enduring contribution.
“Tunku left footprints on the sands of time that, if we were to follow, may help us to restore our past reputation as an exemplar of a society in which diverse races, religions and regions can live together in peace, harmony and prosperity.”
Celebrate Malaysia Day. Remember the Father of Malaysia.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
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