KUALA LUMPUR: A state of emergency declaration in Malaysia does not necessarily mean a curfew would be imposed.
International Islamic University Malaysia (IIUM) legal adviser Prof Dr Nik Ahmad Kamal Nik Mahmod said should the government impose a curfew to manage the spread of Covid-19, it could have been done under existing laws.
He said this amid speculation that the government would be declaring a state of emergency following the recent spike in Covid-19 cases and emergence of new clusters.
"(There may) not necessarily be a curfew with an emergency declaration.
"As a curfew may even be imposed now under the Prevention and Control of Infectious Diseases Act 1988, if deemed necessary," he told the New Straits Times today.
He further said when an emergency is declared, all powers are vested in the Executive including the Yang di-Pertuan Agong.
"A special committee is established to be chaired by the Prime Minister or any senior minister.
"Like the National Operations Council (NOC) or Majlis Gerakan Negara (MAGERAN) in 1969, the special committee will chart out the plan to achieve the objective of the emergency."
Nik Ahmad Kamal said if Parliament is not in session, the Executive may make laws to the extent that the law may deal with matters in the State list.
"However, the law may not be contrary to Islamic law or customs of the Malay, native law or customs in Sabah and Sarawak, and any matters of religion, citizen or language.
"Any measures taken may be contrary to existing laws provided that there is law made pursuant to the Emergency."
Meanwhile, on speculations that there was a possibility the government may be seeking to prorogue the Parliament, he explained that prorogue meant that Parliament sitting would be suspended for a period of time.
"No session including committee meeting can take place. Members of Parliament (MPs) remain as MPs and they should continue to serve their constituencies and will receive their allowances.
"Any bill will be suspended and may be revived once Parliament resumes," he added.