EO offenders to serve out jail sentences, says ministry

EO offenders to serve out jail sentences, says ministry

Deputy home minister Ismail Mohamed says this is provided for under Article 150 of the Constitution.

A Pakatan Harapan MP had asked whether a person can still be jailed if the emergency ordinances are revoked. (Reuters pic)
KUALA LUMPUR:
Those who had been found guilty under the emergency ordinances will continue to serve their jail sentences even though the ordinances have been revoked, the Dewan Rakyat was told today.

In a brief reply, deputy home minister Ismail Mohamed said this was provided for under Article 150 of the Federal Constitution.

“Those found guilty while the emergency ordinances was implemented will continue to serve their sentences,” he said.

Earlier, Hassan Abdul Karim (PH-Pasir Gudang) had questioned if the government would be contravening the Constitution if it continued to jail individuals found guilty under the emergency ordinances once they are revoked in Parliament.

He said that once revoked, the ordinances could not be enforced.

“Can a person still be jailed if the law is revoked? Under which law would the person be jailed?” he asked when debating the repeal of the emergency ordinances.

The motion to repeal the ordinances was passed by the Dewan Rakyat today.

Hassan said the government should clarify the matter as the sentences included a three-year jail term and fines of up to RM100,000.

He said such penalties may be against Article 5 of the Constitution, which required a person to be charged under existing laws.

He also urged the government to stop charging individuals under the law and to release those already in jail because of the emergency ordinances.

The Emergency was declared in January during Muhyiddin Yassin’s administration.

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