PETALING JAYA: The first ordinance after the emergency proclamation has been gazzetted – giving room for the executive to abuse their powers and the military, who may not be used to handling civilians, to become “excessive” while handling their duties.
So says constitutional expert Bastion Pius Vendagon, who believes the ordinance is filled with draconian laws, giving wide ranging powers to the executive branch.
For one, it allows temporary possession of private land, building or movable property and resources in the name of Covid-19 pandemic.
“They can take over any staff and manpower (too).
“It can be done under bona fide exercise of powers to control the pandemic and get the economy back on track or abuse of powers. If it is abuse of powers for political (reasons), what is feared is (action against) the opposition who question the government,” he told FMT.
He said that if the government went after the opposition or civil societies for questioning its actions, that would be against democracy.
The ordinance, he said also states that any compensation shall be final and cannot be challenged in any court.
Vendagon added that more emergency ordinances may be released from time to time and “what scope that would take, we do not know yet but it can suspend a lot of civil liberties.”
He said the wide ranging powers of the ordinance would scare and send a chilling effect to the people but it would not affect those who are thinking only of their next meal.
“For this group, as long as they get the next meal, they are ok. But it will scare foreign direct investors. There would be fears,” he added.
He also raised concerns over the armed forces who “shall have all the powers of a police officer of whatever rank as provided for under the Criminal Procedure Code”.
Vendagon said the police are used to handling civilians but “the military is not used to dealing with civilians. They could be excessive.”
Opposition MP Charles Santiago questioned on the government on the word “surveillance”.
The ordinance had said that the King may issue directions for treatment, immunization, isolation, observation or surveillance under the Prevention and Control of Infectious Diseases Act 1988.
“What is meant by surveillance? Does it include phone tapping?
“As for treatment and isolation, it is undesrtandable as doctors need to observe the patient. But how do we define the word surveillance under emergency. It limits human liberties,” the Klang DAP MP told FMT.
Subang MP Wong Chen said the emergency ordinance clearly states that it is there as a necessity to curb the rise of Covid-19 infections.
“In reality, it means that it is there to supplement and support the MCO. Therefore if the MCO is lifted, the emergency ordinance should also be lifted.
“I hope when the MCO is lifted in February or March, the emergency situation should end,” said the PKR MP.
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