Withdraw cases of those charged and sentenced under Emergency Ordinances, says MP


KUALA LUMPUR: Once the Emergency Ordinances are annulled, the government must withdraw the cases of those who were charged and imprisoned under the Emergency (Essential Powers) (No.2) 2021, says Hassan Abdul Karim (PH-Pasir Gudang).

Hassan said the Emergency (Essential Powers) (No.2) 2021 that dealt with fake news is considered a "subsidiary legislation" that was drafted when the Emergency was proclaimed on Jan 12 this year to curb Covid-19.

"A subsidiary legislation is unlike laws that were enacted through a complete Parliamentary process.

"So, I'm asking for prosecutors to drop all the cases of those charged under the said Emergency Ordinance.

"Those who are serving prison sentences should be freed as well," he said during his speech on the annulment of the Emergency Ordinances in Parliament on Monday (Oct 25).

Hassan also said the government could be going against Article 5 of the Federal Constitution on personal liberties if it decides to continue imprisoning people under the Emergency (Essential Powers) (No.2) 2021.

"Article 5 in the Constitution clearly states that no one can be denied their personal liberties.

"If the person was sentenced to one or two years jail and the law has been annulled, then this matter may be unconstitutional."

Hassan also referred to a statement made by de facto law minister Datuk Seri Wan Junaidi Tuanku Jaafar when he was tabling the annulment of the Emergency Ordinances in Parliament earlier on Monday.

"He (Wan Junaidi) stated that although the Emergency (Essential Powers)(No.2) 2021 was annulled in Parliament, it would not affect the status of ongoing cases in courts.

"In this matter, I hope the minister will reconsider."

Subsidiary legislation refers to laws made by persons or entities to whom or which Parliament has delegated law-making authority.

During the Covid-19 pandemic in Malaysia, such primary legislation included the Prevention and Control of Infectious Diseases Act 1988 (Act 432).

Malaysia was placed in a state of Emergency from Jan 12 to Aug 1 to curb Covid-19.

The annulment of the Emergency Ordinances was tabled by Wan Junaidi earlier on Monday and includes the Emergency (Essential Powers) Ordinance 2021, the Emergency (Prevention and Control of Infectious Diseases) (Amendment) Ordinance 2021 and the Emergency (Employees Minimum Standards of Housing, Accommodation and Amenities (Amendment) Ordinance 2021

Wan Junaidi has said the annulment of the Emergency Ordinance will see penalties for breaches of Covid-19 SOPs and regulations lowered to their original level.

The Ordinance was gazetted on Feb 25 and came into force on March 11 this year to increase penalties to RM50,000 from the previous maximum of RM10,000 for repeat offenders and those who had been issued stern warnings for Covid-19.

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