Why gazette NSC Act without express royal assent? IDEAS asks Putrajaya

KUALA LUMPUR, June 10 — The Institute for Democracy and Economic Affairs (IDEAS) think-tank questioned the government today on why it pushed through the controversial National Security Council (NSC) Act 2016 without express assent from the Yang di-Pertuan Agong.

IDEAS chief executive Wan Saiful Wan Jan pointed out that the security law — which grants the government emergency powers over areas it deems to face security risks without needing the Yang di-Pertuan Agong to declare emergency — had little legislative scrutiny and “almost zero” public consultation even though it allows for extensive curtailing and further restrictions on civil liberties.

“The prime minister now possess at his disposal, a concentration and breadth of power which has no historical precedence in Malaysia. We are truly in uncharted waters,” said Wan Saiful in a statement.

“The fact that it has had no express royal assent, despite now entering into law, should clearly communicate to the Malaysian people and the legislators in the Dewan Rakyat and Dewan Negara that there are concerns and issues from the Rulers which remain unaddressed or ignored.

“We must break our silence and ask why the government was insistent in pushing this through despite the lack of an approval from the Yang di-Pertuan Agong,” he added.

The NSC Act 2016 was gazetted Tuesday under Article 66(4A) of the Federal Constitution which states that a Bill will automatically become law and will be considered to have received assent from the Yang di-Pertuan Agong, even if he does not expressly give his approval within 30 days after it has been presented to him. The law is not yet in force.

The NSC Act proposes to allow the National Security Council — which would be chaired by the prime minister — to take command of the country’s security forces and impose strict policing of areas deemed to face security risks.

According to the Act, the jurisdiction of the NSC takes effect once the prime minister designates a location as a “security area” — a status that is valid for six months at a time, subject to renewal by the prime minister.

Once the NSC takes control of a security area, security forces will have the right to search or arrest without warrant any individual “found committing, alleged to have committed, or reasonably suspected of having committed any offence under written laws in the security area.”