The Emergency (Essential Powers) (Sarawak) Ordinance 2021

On 30 July 2021, His Majesty the Yang di-Pertuan Agong (‘YDPA') had exercised his powers under Clause (1) of Article 150 of the Federal Constitution to issue the Proclamation of Emergency (Sarawak) [P.U.(A) 323/2021] (‘Proclamation') throughout the State of Sarawak from 2 August 2021 to 2 February 2022.

The Emergency (Essential Powers) (Sarawak) Ordinance 2021 [P.U.(A) 324/2021] (‘Ordinance') was promulgated by the YDPA under Clause (2B) of Article 150 of the Federal Constitution on 30 July 2021 and was gazetted on the same day. The Ordinance came into operation on 2 August 2021.

This Alert will explain the main features of the Ordinance.

Reason for the Proclamation

As stated in the Proclamation, the emergency was proclaimed to suspend the general election to the Dewan Undangan Negeri (‘State Assembly') that is required to be held within 60 days from 2 August 2021 in order to prevent any further increase in the spread of the COVID-19 pandemic if the general