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Malaysia: King says no to declaring state of emergency; Budget 2021 to be tabled in Parliament important for frontline workers and the people

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KUALA LUMPUR, MALAYSIA — The Yang di-Pertuan Agong Al-Sultan Abdullah, the King of Malaysia, on Sunday (25 October) opined that there is no need to declare a state of emergency in the country, whether as a whole or in certain parts.

In a statement issued by the Istana Negara (National Palace) today, Comptroller of the Royal Household Datuk Ahmad Fadil Shamsuddin said that the King is concerned about the anxieties of the people due to the sudden spike in the number of new COVID-19 cases and the formation of new clusters.

The King reminded politicians to put an urgent end to any form of “politicking” that may destabilise the nation.

“Al-Sultan Abdullah is also of the opinion that there is no need for Members of Parliament to continue engaging in irresponsible actions that can disrupt the current government’s stability,” said Ahmad Fadil.

The Budget 2021 which is slated to be tabled in Parliament, according to the King, is very important for the people of Malaysia, particularly in facilitating efforts to manage the COVID-19 situation in the country and to rehabilitate the nation’s economy following damage from the pandemic.

Frontline workers, Ahmad Fadil added, are in great need of such allocation to ease their duties and responsibilities.

His Majesty also called on all the people, “irrespective of background and in particular political ideology, to set aside all differences and unite”, said the Comptroller.

They should also “play their respective roles in assisting the government and the authorities in containing the pandemic, both to protect all from the COVID-19 pandemic and to preserve the tranquility of the nation we love,” Ahmad Fadil added, in elaborating on the King’s opinion.

The palace’s statement came after a special meeting between Al-Sultan Abdullah and the Conference of Rulers at the Istana Negara in the capital city of Kuala Lumpur earlier today.

Today’s events followed Prime Minister Muhyiddin Yassin’s special cabinet meeting in the administrative city of Putrajaya on Friday (23 October), after which Muhyiddin presented a proposal to Al-Sultan Abdullah at the Istana Abdul Aziz in the King’s state of Pahang.

Legal practitioners and civil society activists earlier expressed concern regarding the possibility of a national emergency following media reports on the matter.

Seven of Malaysia’s former Bar Presidents in a joint statement on Saturday (24 October) stressed that the COVID-19 pandemic should not be used to justify declaring a state of emergency, as the situation can be “appropriately battled” using existing laws.

“The effective measures undertaken to overcome the first wave earlier this year are a testament to the absence of any need for any declaration of Emergency,” said Zainur Zakaria, Kuthubul Zaman, Yeo Yang Poh, Ambiga Sreenevasan, Ragunath Kesavan, Christopher Leong and Steven Thiru.

A state of emergency, if sought for the purpose of gaining emergency powers, will “obviously be an unlawful design” that will “disenfranchise and deceive Malaysians” if left unchecked, they warned.

Former Attorney-General Tommy Thomas, in opposing the possibility of declaring a state of emergency at this point, said in a statement on Saturday that doing so would be unconstitutional.

He cited Article 150(1) of the Federal Constitution, which stipulates that the King may issue a Proclamation of Emergency if he is satisfied that a grave emergency that threatens national security, economic life or public order exists.

Noting that the above terms are defined in the Constitution, Thomas drew the distinction between a “grave” emergency and a crisis of a lesser degree.

“It is difficult to find a single rational argument to support a case that there is a “grave emergency” today in Malaysia for whatever reason.

“The true reason is that this Prime Minister is not confident that the Budget of his Minister of Finance will be passed by the Dewan Rakyat when voted upon in early December. That would result in a lack of confidence in his government. They must resign then,” he opined.

By seeking to declare a state of emergency just to remain in office, Thomas said, the Prime Minister’s “private interests are in conflict with his public duty”.

State of emergency may have adverse consequences to economy 

The former A-G also questioned why Finance Minister Tengku Zafrul Tengku Aziz, a former banker, did not advise the Prime Minister on “the grave consequences to the economy” in the event that an emergency is declared.

“The rating agencies will immediately down-grade our ratings, which means that borrowing costs will become more expensive and perhaps even more difficult.

“The share market will plunge, the Ringgit will plummet and business confidence shattered. All these predictable consequences would be self-inflicted solely to allow one man to remain Prime Minister,” Thomas said.

Youth-led movement for democratic reforms Undi 18 co-founder Tharma Pillai in a string of tweets on Saturday similarly cautioned against declaring a state of emergency at this stage, branding it “economic suicide”.

Tharma also referenced a statement made by former sovereign wealth fund Khazanah Nasional Berhad managing director Mohd Sheriff Mohd Kassim.

Mohd Sheriff posited that Malays–from the rulers to “ordinary” ones–are greatly invested in their savings in funds created by government bodies or government-linked companies.

A state of emergency, he added, will affect the dividend income of pensioners from their Employers’ Provident Fund, Amanah Saham Bumiputera and Amanah Saham Nasional accounts.

“If the stock market collapses, they can’t pay good dividends to the account holders,” said Mohd Sheriff.

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AFP

Marcos says Philippines is ‘done talking’ with ICC

President Ferdinand Marcos announced that the Philippines will no longer cooperate with the International Criminal Court’s probe into the drug war, asserting that the alleged crimes should be handled domestically.

The ICC resumed its inquiry despite the country’s withdrawal in 2019. Thousands have died in the anti-narcotics campaign under both Duterte and Marcos’ administrations.

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MANILA, PHILIPPINES — The Philippines will no longer deal with the International Criminal Court, President Ferdinand Marcos said Friday after The Hague-based tribunal rejected Manila’s appeal to stop a probe into a deadly drug war.

Thousands of people have been killed in the anti-narcotics campaign started by former president Rodrigo Duterte in 2016 and continued under Marcos.

“We’re done talking with the ICC,” Marcos told reporters during a visit to the southern island of Mindanao, according to an official transcript.

“The alleged crimes are here in the Philippines, the victims are Filipino, so why go to The Hague? It should be here,” he said.

The ICC launched a formal inquiry into Duterte’s crackdown in September 2021, only to suspend it two months later after Manila said it was re-examining several hundred cases of drug operations that led to deaths at the hands of police, hitmen and vigilantes.

ICC chief prosecutor Karim Khan later asked to reopen the inquiry in June 2022, and pre-trial judges at the court gave the green light in late January — a decision that Manila appealed shortly afterwards.

A five-judge bench on Tuesday dismissed Manila’s objection that the court had no jurisdiction because the Philippines pulled out of the ICC in 2019, some three years before the inquiry was resumed.

Marcos said Friday the government would take “no more actions” regarding the ICC ruling, but would “continue to defend the sovereignty of the Philippines and continue to question the jurisdiction of the ICC in their investigations”.

Thousands killed

More than 6,000 people were killed in police anti-drug operations during Duterte’s term, official government figures show, but ICC prosecutors estimate the death toll at between 12,000 and 30,000.

The drug war has continued under Marcos even though he has pushed for more focus on prevention and rehabilitation.

More than 350 drug-related killings have been recorded since Marcos took office last June, according to figures compiled by Dahas, a University of the Philippines-backed research project that keeps count of such killings.

Opened in 2002, the ICC is the world’s only permanent court for war crimes and crimes against humanity and aims to prosecute the worst abuses when national courts are unable or unwilling.

Manila argues it has a fully functioning judicial system, and as such, its courts and law enforcement should handle the investigation into alleged rights abuses during the drug war — not the ICC.

Only four police officers have been convicted for killing drug suspects in two separate cases since the start of the crackdown in 2016.

Rights groups allege the killings were carried out as part of a state policy, and that Duterte had publicly encouraged them with incendiary rhetoric during his public comments.

During his presidency, Duterte openly encouraged law enforcers to shoot suspects in anti-drug operations if the lawmen felt their own lives were in danger.

— AFP

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AFP

US slams Hong Kong bounties as ‘dangerous’ precedent

The US condemns Hong Kong’s bounties on democracy activists abroad, warning of dangerous precedent and human rights threats.

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WASHINGTON, UNITED STATES — The United States on Monday condemned Hong Kong authorities for issuing bounties linked to democracy activists based abroad, saying the move sets a dangerous precedent that could threaten human rights.

Hong Kong police offered bounties of HK$1 million (about US$127,600) for information leading to the capture of eight prominent dissidents who live abroad and are wanted for national security crimes.

“The United States condemns the Hong Kong Police Force’s issuance of an international bounty” against the eight activists, State Department spokesperson Matthew Miller said in a statement.

“The extraterritorial application of the Beijing-imposed National Security Law is a dangerous precedent that threatens the human rights and fundamental freedoms of people all over the world,” he added, saying China is engaging in “transnational repression efforts.”

“We call on the Hong Kong government to immediately withdraw this bounty, respect other countries’ sovereignty, and stop the international assertion of the National Security Law imposed by Beijing.”

The national security law — which has reshaped Hong Kong society and eroded the firewall that once existed between the special autonomous region and the mainland — has the power to hold accused people across the world accountable.

All eight activists are alleged to have colluded with foreign forces to endanger national security — an offense that carries a sentence of up to life in prison.

Human Rights Watch (HRW) also weighed in from its New York headquarters to attack the bounties as “baseless” and an expansion of China’s “political intimidation campaign beyond its borders.”

“The Hong Kong government increasingly goes above and beyond to persecute peaceful dissent both within Hong Kong and abroad,” Maya Wang, HRW’s associate Asia director, said in a statement.

“Offering a cross-border bounty is a feeble attempt to intimidate activists and elected representatives outside Hong Kong who speak up for people’s rights against Beijing’s growing repression.”

— AFP

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