Its president, Ranbir Singh Sangha, said the enforcement of the CMCO was left to the police force, which came under the federal government.
He said the police force, therefore, needs to enforce the new CMCO.
“That being the case, how will the Sarawak government enforce the measures by the Sarawak Disaster Management Committee if they do not have the force of law in the state?”
Ranbir also reiterated that a proviso under section 15 of the state’s Protection of Public Health Ordinance 1999 states that any order made by a state minister should not be inconsistent with the Prediction and Control of Infectious Diseases Act 1988.
He said federal law will prevail if there’s any inconsistency between state and federal laws.
International Trade and Industry Minister Azmin Ali yesterday warned that state governments reluctant to comply with the federal policy to reopen the economy were not acting based on “lawful authority”.
He said the federal government policy had already been made into law and was enforceable throughout the country.
Azmin also said state governments that did not comply risked being sued for damages by businesses.
What Sabah lawyers say
Meanwhile, a Sabah lawyer said the state cannot use the state health ordinance but, at the same time, noted there are numerous other state laws to keep businesses closed despite the CMCO.
Roger Chin told FMT that Section 47 of the Local Government Ordinance regulates and controls licensing of businesses and trades in the state. He said the local government could take action if business operations posed a risk to the health.
Another Sabah lawyer, Brenndon Keith Soh, said there are no express provisions in the federal Prevention and Control of Infectious Diseases Act that allowed for the opening up of business operations, as prescribed under the CMCO.
He noted the purpose and intent of the federal act was preventive and therefore it was inaccurate to assume the opening of businesses would have the force of law and must be complied with by Sabah.
Soh also noted that Sabah had the authority to keep businesses closed as stated under Section 49 of the Local Government Ordinance 1961.
He said local authorities have the power to prohibit, regulate and control licensing or any occupation, trade, business and industry that is likely to be injurious and dangerous to the health.
Additionally, Soh said the state also has its Public Health Ordinance (PHO) 1960 and it also prescribed preventive measures that Sabah can take to curb the spread of infectious diseases, such as Covid-19.
Under this ordinance, Soh said the roles and responsibilities of health authorities were also defined and envisaged the element of coordination between both Sabah and the federal government.
“The PHO cannot be said to be inconsistent with Act 342. It can certainly be argued that the state has, through local government residual powers, the right to impose additional restrictions, other than those prescribed by the CMCO.
“These include control, care and closure of public playing grounds, roads and streets under their jurisdiction for the purpose of ensuring that the CMCO meets the needs of local conditions during this pandemic,” he said.
He said the state’s health laws would not directly impede or prejudice the federal government’s powers but act to complement existing restrictions.
Fake or not? Check our quick fake news buster here.