KUALA LUMPUR, 18 August 2016: The provisions in the National Security Council (NSC) Act 2016 contravenes the powers of the Yang di-Pertuan Agong as it would allow the council to take command of the military.
Former Royal Malaysian Air Force (RMAF) officer Lt Col (Rtd) Mohamad Daud Sulaiman said the Federal Constitution clearly states that the Agong and the royal institution are in command of the military forces.
“If we look at the provisions (in the NSC), it uses a lot of military terms and this is very dangerous.
“One of the explanations given about the NSC by the government is that the Agong does not have operational command of the military,” Mohamad Daud said during a Civil Society Conference on National Security held at the Renaissance Hotel here.
He was referring to the official Putrajaya Frequently Asked Questions (FAQ) explanation on the law posted on the NSC’s official website.
Mohamad Daud said Malaysians must be aware of the dangers of allowing the military to enforce legislation passed in Parliament.
“When you ask the military to enforce the law, you ask for trouble. The military is not trained for that. They do not know the Criminal Procedure Code (CPC),” he said.
Meanwhile, Andrew Khoo, who is chairman of the Bar Council’s Human Rights Committee, said allowing the council to declare a state of emergency has disrupted the “chain of command” from the Yang di-Pertuan Agong.
“There is no legislation that passes the authority of the Agong to the NSC. The chain of command has been disrupted and there is no legal document providing for that switch,” he said.
Khoo said the King has personal discretion on emergency declarations.
“With the NSC Act, it does not need to refer to the Agong before the declaration of emergency,” he said.