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A localised emergency has been declared in Sarawak to enable the state to postpone its state election amid the Covid-19 pandemic.
The proclamation of emergency for Sarawak was published in the national gazette yesterday and will take effect from Aug 2.
An expiration date was also included in the proclamation - Feb 2, 2022 - which is a duration of six months.
The localised emergency follows the expiration of the national emergency, which was first declared on Jan 11, tomorrow (Aug 1).
The proclamation, signed off by the Yang di-Pertuan Agong and Prime Minister Muhyiddin Yassin, noted that the Sarawak election must be called within 60 days from the expiration of the national emergency, therefore requiring a localised emergency to be declared to postpone the state polls.
The Sarawak legislative assembly’s five-year term expired on June 7, after which a state election was supposed to be called within 60 days but was suspended due to the national emergency.
With the expiration of the national emergency, the Sarawak polls must be held by September, if not for the localised emergency.
The emergency proclamation states that the ruler and prime minister are satisfied that "a grave emergency exists whereby the security, economic life and public order in the federation are threatened arising from the epidemic of an infectious disease, namely Covid-19".
The proclamation said the suspension of the Sarawak state election is intended to prevent the further increase in the spread of the virus.
Meanwhile, a separate law was also published in the federal gazette to give power to the incumbent GPS-led state government to continue functioning.
The Emergency (Essential Powers) (Sarawak) Ordinance 2021 states that for as long as the Sarawak emergency is in force, the dissolution of the state assembly shall have no effect.
It added that the Sarawak election will only need to be called within 60 days after the latest emergency is revoked or annulled.
The ordinance also requires the Agong to consult the Sarawak governor on the emergency which can be terminated before the expiration.
With the ordinance, Sarawak has wide-ranging powers which are similar to the powers granted to the federal government during the national emergency.
This includes the power to take temporary possession of land, building or movable property as well as to demand the use of resources.
Any person who refuses to comply will be liable to a fine of up to RM5 million or imprisonment of up to 10 years or both.
Any compensation is to be assessed by a person authorised by the Agong.
The Sarawak government is also protected against suits and legal proceedings for any act of negligence, default or omission when carrying out the ordinance, if it was done in good faith.
It also gives power to the Sarawak chief minister to tap the state's consolidated fund without going through the state assembly.