Sin Yew Profile picture
27 Jul, 12 tweets, 2 min read
1. Have the Emergency Ordinances been revoked? No.

Revocation does not take effect just by reciting a magic chant. It is a legislative act that requires legal rules to be followed.

Full article here:…
2. Section 65 of the Interpretation Act 1948/67 (IA) applies to any written law before 18 May 1967 and to subsidiary legislation made under such written law. Written law includes the Federal Constitution.
3. Section 66 of the IA defines “subsidiary legislation” to include a proclamation, rule, regulation, order, notification, by-law or other instrument made under any Act of Parliament, Ordinance, Enactment, or other lawful authority, and having legislative effect.
4. Under Article 160(1), read with the Eleventh Schedule of the Constitution, the authority to revoke the ordinances is the same authority that made them: the YDPA.
5. Further, concerning subsidiary legislation, section 86(1) of the IA states that it must be published in the Gazette and shall take effect and come into operation as law on the date of such publication.
6. So, have the Emergency Ordinances been revoked?

First, there is no evidence that the YDPA has revoked the Ordinances. The YDPA must act on the advice of the Cabinet, and he must have been presented with the revocation to agree with it. The Cabinet cannot bypass YDPA.
7. Second, there has been no publication of the purported revocation in the Gazette.

For these reasons, the Emergency Ordinances have not been revoked and are still in force.
8. The next question then is, can the Emergency Ordinances be revoked now, given that Parliament is sitting?

I do not think so.
9. It is implicit in Article 150(3) that once Parliament sits, the Proclamation of Emergency and the ordinances made thereunder must be laid before the House for a vote. The government does not have the discretion to do otherwise.
10. Any revocation must be done before Parliament sits. Once Parliament is in session and no revocation had taken place, only Parliament can annul the ordinances. Otherwise, the words “if not sooner revoked” becomes obsolete.
11. These seemingly technical distinctions carry significant political ramifications.

There is a high likelihood that Parliament will vote down the Emergency — a damning indictment on the Prime Minister and the government regarding their conduct thus far.
12. Losing the emergency test in Parliament is akin to losing a confidence vote. By convention, the Prime Minister will then have to resign.

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More from @S_Y_New

29 Jul
1. PMO’s statement doesn’t do this government any good. The fact remains there is no revocation signed by the YDPA and no gazette of the same as required by law. Takiyuddin’s statement that ordinances were revoked is therefore false and misleading #parlimenmalaysia #KerajaanGagal
2. PMO’s statement in fact confirms that the PM, Takiyuddin, and the Cabinet knew on 26 July that there was in fact no revocation signed by the YDPA.
3. By 27 July, when the PM met the YDPA to advise on the revocation of the ordinances, the PM had no power to do so anymore because Parliament is sitting. Under Art 150(3), once Parliament sits, government cannot revoke ordinances anymore, it can only be annulled by Parliament.
Read 6 tweets
29 Jul
1. Whether laying the ordinances doesn't mean voting on it, it's important to point out that Art 150(3) goes on to say "shall cease to have effect if resolutions are passed by both Houses annulling such Proclamation or ordinance". This requires voting. #Parlimen
2. One must also look at the spirit and purpose behind Art 150(3), which is to safeguard against executive powers during emergency. If you lay the ordinances without voting on it, then Parliament can't exercise it's supervisory function under 150(3).
3. Those words in Art 150(3) "shall cease to have effect if resolutions are passed by both Houses annulling such Proclamation or ordinance" become meaningless.
Read 4 tweets
24 Jul
1. Parliament sits again. What happens to the Emergency? One would expect the Parliament to debate the proclamation of emergency (POE) and any ordinance made once it re-opens. Voting should take place to approve or annul the Emergency under Art 150(3). This isn't happening.
2. However, the government has different ideas. When the agenda for parliamentary business was released, it only allocated time for “Statements by Ministers”. Under the Dewan Rakyat’s Standing Orders, the government decides on the order of business.
3. The government’s business takes precedence over other issues. Rather than tabling the POE and the ordinances as motions for them to be debated and voted upon, the government is instead opting to “brief” the Parliament. The briefings will be for the entire 5 days.
Read 14 tweets
23 Oct 20
1. We need to be very alarmed of the grave consequences of a Proclamation of Emergency. A Proclamation of Emergency can only be issued when a grave emergency exists whereby the security, or economic life, or public order in Malaysia is threatened.
2. A political emergency for the powers that be is not a ground for emergency. The failure to pass a budget in Parliament is not a threat to economic life, it’s just part of democracy.
3. Once a Proclamation of Emergency is in operation, the Prime Minister is empowered to make laws without going through Parliament by way of ordinances promulgated by the YDPA (the YDPA acts on advice of the Prime Minister).
Read 10 tweets

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