38
United Nations — Treaty Series
1970
- (3) Clause (3) of Article 76A and Clause (6) of Article 80 shall apply in relation to an order under paragraph (a) and paragraph (b) respectively of Clause (1) of this Article as they apply in relation to an Act of Parliament.
- (4) Where an order under this Article is revoked by a later order, the later order may include provision for continuing in force (generally or to such extent or for such purposes as the order may specify) any State law passed by virtue of the earlier order or any subsidiary legislation made or thing done under any such State law, and from the coming into operation of the later order any State law thereby continued in force shall have effect as federal law:
- Provided that no provision shall be continued in force by virtue of this Clause if or in so far as it could not have been made by Act of Parliament.
- (5) Any order of the Yang di-Pertuan Agong under this Article shall be laid before each House of Parliament.
Emergency laws.
- 39. (1) In Article 150 of the Constitution (which makes special provision for legislation in the event of the Yang di-Pertuan Agong being satisfied of the existence of a grave emergency whereby the security or economic life of the Federation or of any part thereof is threatened, whether by war or external aggression or internal disturbance) there shall be omitted in Clause (1) the words " whether by war or external aggression or by internal disturbance ".
- (2) In that Article for Clauses (5) and (6) there shall be substituted the following Clauses (5), (6) and (6A):
- " (5) Subject to Clause (6A), while a Proclamation of Emergency is in force, Parliament may, notwithstanding anything in this Constitution, make laws with respect to any matter, if it appears to Parliament that the law is required by reason of the emergency ; and Article 79 shall not apply to a Bill for such a law or an amendment to such a Bill, nor shall any provision of this Constitution or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a Bill to the Yang di-Pertuan Agong for his assent.
- (6) Subject to Clause (6A), no provision of any ordinance promulgated under this Article, and no provision of any Act of Parliament which is passed while a Proclamation of Emergency is in force and which declares that the law appears to Parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this Constitution.
- (6A) Clause (5) shall not extend the powers of Parliament with respect to any matter of Muslim law or the custom of the Malays, or with respect to any matter of native law or
- No. 10760
