Pakatan Harapan has to fight the Agong and the Raja-Raja Melayu
And the event or threat does not need to have happened yet. An emergency can be declared “before the actual occurrence of the event”, meaning the mere threat or possibility is good enough. Hence “intent” is enough grounds even if that threat has not been carried out yet. In short, this can be a pre-emptive strike against something that may or may not happen but there is a suspicion it may happen.
NO HOLDS BARRED
Raja Petra Kamarudin
“Oleh itu, kami berpandangan bahawa tindakan Tan Sri Muhyiddin mengusulkan darurat pada ketika beliau sudah kehilangan sokongan majoriti Ahli-Ahli Parlimen, termasuk Machang dan Padang Rengas, bermaksud langkah ini tidak boleh diterima sama sekali,” said Pakatan Harapan today. (READ MORE HERE)
“PH tolak titah YDPA sekali lagi. PH hari ini menolak penjelasan keperluan pengisytiharan darurat PM yang juga penjelasan yang telah diterima oleh YDPA. Padahal Istana telah menyatakan yang keputusan ini telah dibincangkan dengan Raja-Raja Melayu. Tapi PH degil. Macam biasa,” said Mujahidin Zulk” (READ MORE HERE)
The Pakatan Harapan spin is that this is entirely Prime Minister Muhyiddin Yassin’s doing and all this fault.
That is not true. This is NOT Muhyiddin’s sole decision or sole discretion. This is the decision of His Majesty Seri Paduka Baginda Yang di-Pertuan Agong together with his brother-rulers, the Raja-Raja Melayu.
Under the Federal Constitution of Malaysia, the Prime Minister does not have the authority to declare an emergency. That is the prerogative of the Agong.
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PART XI – SPECIAL POWERS AGAINST SUBVERSION, ORGANISED VIOLENCE, AND ACTS AND CRIMES PREJUDICIAL TO THE PUBLIC AND EMERGENCY POWERS
Article number 150(1): 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 or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect.
Article number 150(2): A Proclamation of Emergency under Clause (1) may be issued before the actual occurrence of the event which threatens the security, or the economic life, or public order in the Federation or any part thereof if the Yang di-Pertuan Agong is satisfied that there is imminent danger of the occurrence of such event.
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Pakatan Harapan is misleading Malaysians. It is NOT the Prime Minister who decides if an emergency is required. It is the Agong. And in this case, the Agong first sought the opinion, advice and consensus of his brother-rulers, the nine Raja-Raja Melayu.
If Pakatan Harapan is not happy with the declaration of the emergency, they should not whack Muhyiddin. Muhyiddin has no power to declare an emergency. Pakatan Harapan should instead whack the Agong and the nine Raja-Raja Melayu.
All it needs is for the Agong to be “satisfied that a grave emergency exists” to act.
And it can either be the “security, or the economic life, or public order” that is at jeopardy for the Agong to act.
And the event or threat does not need to have happened yet. An emergency can be declared “before the actual occurrence of the event”, meaning the mere threat or possibility is good enough. Hence “intent” is enough grounds even if that threat has not been carried out yet. In short, this can be a pre-emptive strike against something that may or may not happen but there is a suspicion it may happen.
This is just like the Internal Security Act, Patriot Act, and all such detention laws the world over. Even if you have not yet committed any crime and are merely thinking about committing the crime, and in the end may not actually commit the crime, the government can still act against you.
So, let’s be very clear about this. His Majesty the Agong and the Raja-Raja Melayu, and not the Prime Minister, are the powers and authority behind the declaration of the emergency. The threat can be against anything — the health, wellbeing and economic life of the rakyat included — and not just the security of the nation. Hence this Declaration of Emergency follows the law and the Constitution.
