SEPT 9 — His Majesty Sultan Ibrahim (the King) on Friday (Sept 4) declared, or proclaimed, an emergency in Sarawak's Serian Division due to hazardous haze conditions.
On Monday (Sept 7), the King consented to lifting the emergency in Serian.
Here are the simple steps involved in making a proclamation of emergency and subsequently revoking it.
First, the Prime Minister advises the King that a grave emergency exists whereby the security, economic life and public order in the Federation are threatened by haze causing air pollution that is hazardous to public health.
Second, acting on the advice of the Prime Minister and satisfied that such a grave emergency exists, the King, in exercise of the powers conferred on His Majesty under Article 150(1) of the Federal Constitution, proclaims that a grave emergency exists and that the proclamation extends throughout the Serian Division in Sarawak.
Third, the government publishes the proclamation in the gazette.
The gazette can be seen here.
In law, the proclamation of emergency is known as P.U. (A) 317/2026.
A gazette is an official publication of the federal or state government.
It contains, among other things: (a) proclamations bringing legislation into operation; (b) notifications of government decisions and subordinate legislation; (c) public service appointments and promotions; (d) government tenders and land acquisition notices; and (e) electoral notices.
In simple words, a gazette is a legal notification to the public of any of the above.
The gazette serves as evidence of the matters contained therein.
Therefore, if one were to raise questions as to whether the emergency in Sarawak's Serian Division was duly proclaimed by the King, P.U. (A) 317/2026 serves as evidence of the proclamation.
The three steps will similarly be followed when the emergency is ended through a separate proclamation.
The proclamation ending the emergency in Serian has indeed been published in the gazette.
It is called the Proclamation of Emergency (Serian Division, Sarawak) (Revocation) — P.U. (A) 318/2026.
The above informs us that a proclamation per se will not suffice.
The proclamation has to be published in a gazette.
Now, Negeri Sembilan’s new menteri besar, Ismail Lasim, allegedly signed a proclamation endorsing the deposition of state ruler Tuanku Muhriz Tuanku Munawir as the Yang di-Pertuan Besar.
The signed proclamation was dated Aug 3 — just a day after Ismail took an oath of loyalty to Tuanku Muhriz.
This was revealed in a Sept 5 statement by the state’s four traditional chieftains, known as the Undang Yang Empat, who have the power to elect and remove the Yang di-Pertuan Besar.
A day later, on Sept 6, Ismail responded that “the Undang Yang Empat have the right to their opinion” but that he “and the state government express full loyalty to Tuanku Muhriz as the Yang di-Pertuan Besar”.
According to a report published by The Straits Times on Sept 8, Ismail did not confirm or deny whether he signed the proclamation.
The turn of events has been called “bizarre”.
Ismail, however, has denied claims that Umno president Ahmad Zahid Hamidi was involved in attempts to remove Tuanku Muhriz as the Yang di-Pertuan Besar of Negeri Sembilan.
Even so, Ismail still holds the last card — that is, the publication of the alleged proclamation dated Aug 3 in the gazette.
As I said earlier, a proclamation per se will not suffice; it has to be published in a gazette.
Until then, in my humble opinion, Tuanku Muhriz will continue to be the state’s sovereign.
* This is the personal opinion of the writers or publication and does not necessarily represent the views of Malay Mail.
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