Malaysia legislation
Section 2
Section 2
(2)
Without prejudice to the generality of the powers conferred by the preceding subsection, Essential Regulations may, so far as appear to the Yang di-Pertuan Agong to be necessary or expedient for any of the purposes mentioned in that subsection—
(a)
make provisions for the apprehension, trial and punishment of persons offending against the regulations, and for the detention, exclusion and deportation of persons whose detention, exclusion or deportation appears to the Minister of Home Affairs to be expedient in the interests of the public safety or the defence of Malaysia;
(b)
create offences and prescribe penalties (including the death penalty) which may be imposed for any offence against any written law (including regulations made under this Act);
(c)
provide for the trial by such courts as may be specified in such regulations, of persons guilty of any offence against the regulations;
(d)
make special provisions in respect of procedure (including the hearing of proceedings in camera) in civil or criminal cases and of the law regulating evidence, proof and civil and criminal liability;
(e)
make provisions for the control of aliens;
(f)
make provisions for directing and regulating the performance of services by any persons;
(g)
authorize—
(i)
the taking of possession, control, forfeiture or disposition on behalf of the Government of Malaysia, of any property or undertaking;
Emergency (Essential Powers)
(ii)
the acquisition, on behalf of the Government of
Malaysia, of any property other than land;
(h)
authorize the entering and search of any premises;
(i)
prescribe fees or other payments;
(j)
provide for amending any written law, for suspending the operation of any written law and for applying any written law with or without modification;
(k)
make provisions for the control of the harbours, ports and of territorial waters of any State in Malaysia and of the movements of vessels;
(l)
make provisions for the transportation by land, or water, and the control of the transport and movement of persons, animals and things;
(m)
make provisions for trading, storage, exportation, importation, production, and manufacture;
(n)
make provisions for the supply and distribution of food, water, fuel, light, and other necessities;
(o)
provide for any other matter in respect of which it is in the opinion of the Yang di-Pertuan Agong desirable in the public interest that regulations should be made.
(3)
Essential Regulations may provide for empowering such authorities, persons or classes of persons as may be specified in the regulations to make orders, rules and by-laws for any of the purposes for which such regulations are authorized by this Act to be made, and may contain such incidental and supplementary provisions as appear to the Yang di-Pertuan Agong to be necessary or expedient for the purposes of the regulations.
(4)
An Essential Regulation, and any order, rule, or by-law duly made in pursuance of such a regulation shall have effect notwithstanding anything inconsistent therewith contained in any written law, including the Constitution or the Constitution of any
State, other than this Act or in any instrument having effect by virtue of any written law other than this Act.
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Extra-territorial operation of Essential Regulations