KUALA LUMPUR: The government's actions in revoking the Emergency Ordinances were in accordance with the provisions of the law and the Federal Constitution.
The Prime Minister's Office (PMO), in a statement today, said it constantly upheld the King and the Malay Rulers' decree in a Special Discussion of the Malay Rulers on June 16, which had, among others, stressed that the State of Emergency did not need to be extended beyond Aug 1, and for Parliament to reconvene.
The PMO said in preparation for the Special Dewan Rakyat sitting scheduled on July 26, Cabinet ministers had conducted a thorough deliberation and agreed on several matters. They were:
* The Special Dewan Sitting was held after getting the consent from the Yang di-Pertuan Agong;
* The Cabinet ministers will not advise the King to proclaim new emergency order once the existing order expires on Aug 1; and,
* Since the emergency order will not be extended, the Cabinet ministers decided to advise the Agong to revoke all emergency ordinances which had been proclaimed by the King throughout the enforcement of the emergency.
Following these decisions, the PMO on July 27 had received the draft of the Emergency Ordinance (Repeal) 2021 which the Attorney-General's Chambers had prepared.
"The provision of the said Ordinance stated that all emergency ordinances proclaimed by the King are revoked effective July 21. On July 23, the prime minister (Tan Sri Muhyiddin Yassin) had sent a letter to the Yang di-Pertuan Agong to table the Cabinet ministers' advice to the King for all emergency ordinances to be revoked and applied for the King's consent on the matter.
"A day after on July 24, the Yang di-Pertuan Agong had instructed the Minister the Prime Minister's Department (in charge of Parliament and Law) (Datuk Seri Takiyuddin Hassan) as well as the Attorney-General (Tan Sri Idrus Harun) to provide a detailed explanation on the said advice."
The PMO said when the Special Dewan sitting started on July 26, all emergency ordinances were laid on the Dewan Rakyat table in line with provision under Article 150(3) of the Federal Constitution.
"However, opposition members of Parliament had demanded for the House to repeal the Emergency Ordinance promulgated by the King.
"Subsequently, the Minister in the Prime Minister's Department (Parliament and Law) as the minister responsible for legal affairs informed members of the House that the government, meaning the cabinet, had decided to repeal the Emergency Ordinances.
"This is a statement of fact, which aims to inform the Dewan Rakyat of the actual situation in a transparent manner."
The PMO said the notification by the minister had raised questions about the status of the King's consent to the Emergency Ordinance (Repeal) 2021, therefore Muhyiddin and Idrus had requested an audience with the King on July 27 to explain his position.
During this session, it said, the prime minister once again presented the advice by the Cabinet on the repeal of the Emergency Ordinances as well as clarified the confusion that the opposition had tried to create during the Parliament session.
The PMO added that the prime minister also acknowledged the government's view that all Emergency Ordinances need not be revealed by Parliament, seeing as the Cabinet had already advised the King to repeal them.
"We take note that as revealed in the statement made by Istana Negara today, the Yang di-Pertuan Agong is aware that he needs to accept and act in accordance with the advice of the cabinet, as stated in Article 40 of the Federal Constitution."
It said Article 40(1) stated that in the exercise of his functions under the 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 the constitution.
The provision also said the King shall be entitled, at his request, to any information concerning the government of the federation which is available to the Cabinet.
The PMO also quoted Article 40(1A), which states that in the exercise of his functions under the constitution or federal law, where the Yang di-Pertuan Agong is to act in accordance with advice, on advice, or after considering advice, the King shall accept and act in accordance with such advice.
"The government is of the view that all actions taken are in line with the provisions of the law and the Federal Constitution.
"The prime minister emphasises that in carrying out his duties, it was important for him to act in accordance with the law and the constitution.
"He advises the people to always remain calm and insya-Allah (God willing) this issue will be resolved in accordance with the law and the constitution."