It is obvious Fourth Prime Minister Tun Dr. Mahathir Mohamad going around hoodwinking the nation about his manipulated and skewed interpretation of the National Security Council Act with seditious remarks against powers denied or taken away from His Majesty SPB YDP Agong.
Agong has power to declare emergency in country, says AG Apandi
BY BERNAMA – 17 OCTOBER 2016 @ 5:10 PM
BANGI: The National Security Council (NSC) Act does not take away the power of the Yang Di-Pertuan Agong in relation to the emergency declaration as the King holds the power to order country-level emergency.
Attorney-General Tan Sri Mohamed Apandi Ali said in distinction, the prime minister was only empowered to declare emergency for “an area or certain areas” under the act.
In explaining the act, he said the Yang Di-Pertuan Agong did not have the discretion to declare an emergency on his own but must act on the advice of the government.
“It is not like when you intend to declare (emergency), then declare. Here, the King must act on the advice. That is very important,” he told reporters after delivering his talk at the Judicial and Legal Training Institute (ILKAP) here today.
The NSC Act 2016 which allows the government to hold emergency powers came into force on Aug 1, this year.
Mohamed Apandi said, just like the King, the prime minister also could not arbitrarily act on his own accord for the emergency declaration.
“He (prime minister) will act on the advice of the council, which consists of various parties who are involved in the security matters of the country. The prime minister will act accordingly, to the advice given,” he said.
The parties include the inspector-general of police, armed forces chief and chief secretary to the government, he added.
For the emergency order by the prime minister, Mohamed Apandi said Parliament would never be suspended and would still be in session.
“Under the act, the declaration, which will last for six months, must be tabled within few weeks in Parliament.
“This is to allow parliamentarians to debate on whether it is proper to declare a certain area an emergency or otherwise,” he said.
The attorney-general stressed that the NSC Act was made for the protection of the country to ensure security and public order were maintained at all times and with speed.
Mohamed Apandi said the act came into existence due to several realities that Malaysia had faced, citing the terrorist intrusion in Lahad Datu, Sabah in 2013 as an example.
“I observed the Lahad Datu situation…and to tackle the situation, NSC came into existence for the sake that Malaysians can live in peace and harmony. There is no ulterior motive.
“Now, we have a proper law where the law will provide the armed forces to come to the scene of intrusion or whatever dangerous situation, for the security of the country,” he added.–BERNAMA
Attorney General Tan Sri Apandi Mohamed Ali is very apt in making this clarification, especially for the benefit of the rakyat after Dr Mahathir’s intense effort to demonise Prime Minister Dato’ Sri Mohd. Najib Tun Razak in any angles that the former UMNO President could.
AG Apandi is the lawyer for His Majesty’s Government, who was appointed by His Majesty SPB YDP Agong and he is the most fit person to offer any legal advice on any law to anyone in His Majesty’s Government.
This include to His Majesty Seri Paduka Baginda Yang DiPertuan Agong and the Conference of Rulers.
Dr Mahathir admitted he failed to hoodwink His Majesty SPN YDP Agong to go along with his politics on their meeting in Istana Anak Bukit on 16 September 2016.
The fact is that regardless his game is low-blow, Dr Mahathir has the audacity to show His Majesty SPB YDP Agong “Pictures of the 1.27 million signatures” instead of having a verification by the qualified third party auditor that the “1.27 million signatures to the ‘Deklarasi Rakyat'” actually exist.
Earlier in August as part of his drama, Dr Mahathir apologised for taking the ‘Royal Assent’ power of HRH Rulers away in 1984 as his first tranche of amending the Federal Constitution, where bills and enactments passed by Parliament or Sate Assemblies automatically becomes law after thirty days.
In the support of taking the NSC Act to court from being implemented as law, Dr. Mahathir threw his support behind his former nemesis for 18 years by appearing in court.
The world saw how it is bottomless pit the depth of lowness that Dr Mahathir willing to go to demonise Prime Minister Najib in his obsession to see UMNO elected President and Chairman of BN being ousted from office.