
Bastian Pius Vendargon said many lawyers hold that the ordinances — laws passed by decree — have not been officially revoked yet, and may still be valid.
The Federal Constitution also states that emergency ordinances remain valid for six months after a state of emergency ceases.
In addition, the Prevention and Control of Infectious Diseases Act remains in force and rules and SOPs, including restrictions on travel and movement, set by the health ministry and the health director-general, still apply.
“A lot depends on how the nation proceeds on the question of whether those ordinances have been revoked or not. It certainly has not been annulled because only Parliament can annul it. This never happened because it was never tabled before Parliament for annulment,” he said.
“A decision to revoke may have been made but it has yet to be revoked,” he added.
The Yang di-Pertuan Agong has denied giving his consent to the repeal of the emergency laws, initially announced by law minister Takiyuddin Hassan on July 26. The Prime Minister’s Office, defending the repeal, said it had been done in accordance with the law.
The government had gazetted six emergency ordinances since January.
Among them is a law which states that any individual who breaches the movement control order (MCO) regulations can be fined up to RM10,000 while companies violating MCO regulations may be liable to a maximum fine of up to RM50,000.
This ordinance came into effect on March 11.
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