A study on the implementation of emergency (essential powers) Ordinance No.22 1970 in Anwar Ibrahim's trial / Arif Aizuddin Alwi, Farhana Mohd Amin and Muhamad Abu Hassan Ramli

• Main Authors: Alwi, Arif Aizuddin, Mohd Amin, Farhana, Ramli, Muhamad Abu Hassan
• Format: Thesis
• Language: English
• Published: 2006
• Subjects: Internal security
• Online Access: https://ir.uitm.edu.my/id/eprint/33386/1/33386.PDF; https://ir.uitm.edu.my/id/eprint/33386/

The outcome of this research is an evaluation of the applicability of Emergency (Essential Powers) Ordinance No 22 1970 in the war against corruption among member of administration in the current state of this country. Our research is aimed towards discovering, the relevance of applying emergency ordinance with regards to corrupt practice among member of Administration when new legislation, Anti Corruption Act 1997 (Act 575) was passed to punish the same. When two sets of law are in force, it is likely that the wrong application of law will lead towards injustice and unfairness against the accused. In order to determine the issue whether Emergency Ordinance should continue to be in force considering that our country no longer under the emergency situation, we did a comparative study; we compared Section 15 of Anti Corruption Act and Section 2(1) of Ordinance No 22, particularly with regards to act of corrupt practice involving member of administration. For the purpose of this research, we made a special reference to the Anwar Ibrahim's trials. We compared both the laws, in respect of the elements of law and the penalties as provided under Section 2(1) of the Ordinance and Section 15 of the Act respectively. By the end of our research we will propose: whether the Emergency (Essential Powers) Ordinance No 22 is still necessary or not in the current spate of corruption in this country and should the Parliament repeal the Ordinance, in order to avoid miscarriage of justice. It is hoped that this research will enlighten our reader on the applicability of the Emergency (Essential Powers) Ordinance No 22, 1970 to punish the act of corrupt practice among member of administration in the present day.