PM: Revocation of Emergency ordinances done in accordance with law, Constitution

Tan Sri Muhyiddin Yassin says steps taken to revoke the Emergency ordinances were in accordance with the nation’s laws, and the Federal Constitution

Tan Sri Muhyiddin Yassin says steps taken to revoke the Emergency ordinances were in accordance with the nation’s laws, and the Federal Constitution.

A statement by the Prime Minister’s Office this evening came as MPs demanded for Muhyiddin’s resignation after Istana Negara confirmed that the government did not obtain the Yang di-Pertuan Agong’s consent to revoke the ordinances.

Muhyiddin said as the Cabinet had decided that it would not advise the Yang di-Pertuan Agong to extend the state of Emergency beyond Aug 1, it had advised the King to revoke all Emergency ordinances that were promulgated by him earlier.

“As such, on July 22, the Prime Minister’s Office had received a draft of the Emergency Ordinance (Revocation) 2021, which was prepared by the Attorney-General’s Chambers. This (draft) Ordinance had stipulated that all Emergency ordinances promulgated by the Agong, would be revoked, effective July 21,” the statement read.

“On July 23, the prime minister wrote to the Agong to inform him of the Cabinet’s advice that all Emergency ordinances be revoked, and to seek his consent on the matter.

The statement went on to quote Article 40(1) and Article 40(1A) of the Federal Constitution.

Article 40(1) reads: “In the exercise of his functions under this Constitution or Federal law, the Yang di-Pertuan Agong shall act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, except as otherwise provided by this Constitution; but shall be entitled, at his request, to any information concerning the government of the Federation, which is available to the Cabinet.”

Article 40(1A) states: “In the exercise of his functions under this Constitution or Federal law, where the Yang di-Pertuan Agong is to act in accordance with advice, on advice, or after considering advice, the Yang di-Pertuan Agong shall accept and act in accordance with such advice.”

The Prime Minister’s Office said Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah had called Law Minister Datuk Seri Takiyuddin Hassan, and Attorney-General Tan Sri Idrus Harun to explain the advice in detail.

“When the Dewan Rakyat’s special sitting started on July 26, all Emergency ordinances were laid before the Dewan Rakyat in line with Article 150(3) of the Federal Constitution.

“However, the opposition MPs had pressured the Dewan Rakyat to disclose the Emergency Ordinance that was promulgated by the Agong. The Law Minister informed the MPs that the government, i.e., the Cabinet, decided to revoke the Emergency ordinances.

“This is a statement of fact intended to inform the Dewan Rakyat of the actual situation.”

The statement added that Takiyuddin’s statement had led to questions being raised regarding the status of the Agong’s consent towards the Emergency Ordinance (Revocation) 2021.

“Thus, the prime minister and the attorney-general had requested to meet the Agong on July 27 at noon to explain the Agong’s position.”

During the session, Muhyiddin had once again conveyed the Cabinet’s advice regarding the cancellation of the Emergency ordinances and provided clarification over the confusion that was raised by the opposition MPs in Parliament.

The prime minister said that all Emergency ordinances did not have to be disclosed by Parliament as the Cabinet had already advised the Agong to revoke them.

“The government is of the opinion that all steps taken (to revoke the Emergency ordinances) were in line with the (nation’s) laws and Federal Constitution.

“The prime minister stressed that in carrying out his duties and responsibilities, it was important for him to act in accordance with the laws and Constitution. He advised the people to always remain calm and insyaAllah, this matter will be solved in accordance with the laws and Constitution.”