JULY 26 — By definition, a proclamation is a subsidiary legislation [section 3 of the Interpretation Acts 1948 and 1967 (Act 388)]. Cyrus Das, in his doctoral thesis “Emergency Power and Parliamentary Government in Malaysia: Constitutionalism in a New Democracy” explains that the proclamation of Emergency is a legal instrument and must be published in the Gazette, and takes effect only upon publication in the Gazette.
And by law [section 18(1)(a) of Act 388] all Ordinances promulgated by the Yang di-Pertuan Agong (the Agong) must be published in the Gazette.
Emergency Ordinances (EO) promulgated by the Agong are pursuant to Article 150(2B) of the Federal Constitution. Article 150(3) then mandates that the EOs shall continue in full force and effect as if it is an Act of Parliament until it is revoked or annulled under Clause (3) or until they lapses.
Clearly, the EOs may be repealed or revoked by the Agong. The principle is this: the authority who promulgates the EO is the authority to revoke them. As such, the repeal must also be promulgated by the same authority — that is, the Agong — and published in the Gazette.
So, the Dewan Rakyat — and the whole country for that matter — must be surprised, if not shocked, that the six EOs were voided and annulled by the government on July 21 after a Cabinet meeting on the same date as informed by de facto Minister of Law Takiyuddin Hassan in the Dewan today.
As rightly reported by Malay Mail, no repeal of the EOs has been gazetted.
** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.