KUALA LUMPUR, Jan 15 — Officers in the Armed Forces will be given the same powers as a police officer for the duration of the Emergency, according to the Emergency Ordinance 2021 promulgated by the Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah.
This will be in addition to their existing powers provided to them under the Armed Forces Act 1972 (Act 77).
Section 7 of the Ordinance ‘Additional powers of armed forces’ states: “For so long as the emergency is in force, the armed forces, upon direction by the Yang di-Pertuan Agong or any person authorized by the Yang di-Pertuan Agong, shall have all the powers of a police officer of whatever rank as provided for under the Criminal Procedure Code (Act 593).”
“For the purposes of this section, ‘armed forces’ shall have the meaning assigned to it in section 2 of the Armed Forces Act 1972.”
According to the Armed Forces Act 1972, “acting rank” means rank of any description (however called) such that under regulations made under section 155 a commanding officer.
It also states that “armed forces” or “His Majesty’s armed forces” includes the regular forces and volunteer forces of Malaysia and any other forces which may be declared by the Yang di-Pertuan Agong from time to time to be armed forces.
Malaysia is now in a nationwide state of Emergency, a measure under the Federal Constitution that has not been used for several decades.
The Emergency proclamation was made under Article 150(1) of the Federal Constitution and will last until August 1, but can end earlier or later depending on when the number of active Covid-19 cases can be brought under control again.
This will be decided by an independent task force that has yet to be set up. It is supposed to consist of both government and Opposition MPs, as well as health experts, to advise the King.
