Malaysia’s Emergency (Essential Powers) Ordinance 2021 in effect from 11 January 2021

28 January 2021

On 11 January 2021, the Emergency (Essential Powers) Ordinance 2021 (“Ordinance”) promulgated by Malaysia’s King (“Yang di-Pertuan Agong”) on 14 January 2021 pursuant to clause (2B) of Article 150 of the Federal Constitution came into operation. The Ordinance relates to the Proclamation of Emergency issued by the Yang di-Pertuan Agong in relation to the Covid-19 pandemic under Article 150(1) of the Federal Constitution, which provides that if the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation (i.e. Malaysia) or any part thereof is threatened, he may issue a proclamation of emergency making a declaration to that effect.

Some of the key provisions of the Ordinance are as follows:

  • An independent special committee, made up of members appointed by the Yang di-Pertuan Agong, will be established to advise the Yang di-Pertuan Agong on the continuing existence of the grave emergency.
  • The Yang di-Pertuan Agong or any person authorised by the Yang di-Pertuan Agong is empowered to take temporary possession of land, building or movable property for so long as the emergency is in force, to be used for any purpose and manner as the Yang di-Pertuan Agong or any person authorised by the Yang di-Pertuan Agong thinks expedient.
  • As long as the emergency is in force, the Yang di-Pertuan Agong or any person authorised by the Yang di-Pertuan Agong may demand any resources to be utilised for any purpose the Yang di-Pertuan Agong or any person authorised by the Yang di-Pertuan Agong deems necessary.
  • The Yang di-Pertuan Agong or any person authorised by the Yang di-Pertuan Agong may appoint, subject to conditions as may be determined, any person to issue directions for treatment, immunisation, isolation, observation or surveillance under paragraphs 11(3)(a) and (b) of the Prevention and Control of Infectious Diseases Act 1988 (“appointed person”).
  • The armed forces, upon direction by the Yang di-Pertuan Agong or any person authorised by the Yang di-Pertuan Agong, are empowered to have all the powers of a police officer of whatever rank as provided under the Criminal Procedure Code, in addition to the powers provided for under the Armed Forces Act 1972.
  • A person who fails to comply with any demand or direction of the Yang di-Pertuan Agong or any person authorised by the Yang di-Pertuan Agong commits an offence and is liable to a fine not exceeding RM5 million and/or imprisonment for a term not exceeding 10 years.
  • Section 10 provides protection to the Government, any public officer or an appointed person from suits and legal proceedings arising from among other things, any act or default done or omitted by it or him in good faith in effecting the Ordinance.  
  • Parliament sittings will be temporarily suspended and Parliament will be summoned, prorogued and dissolved on a date as the Yang di-Pertuan Agong thinks appropriate.
  • Section 16 provides that for so long as the emergency is in force, the Yang di-Pertuan Agong may make regulations as may be necessary or expedient for the purpose of effecting the Ordinance.