Will retrospective revocation invalidate compounds issued from July 21?

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Retrospective Revocation Could Invalidate Compounds Issued From July 21

The retrospective invalidation of compounds issued from July 21 hinges on the specific wording and effective date stipulated in the official gazette announcing the revocation of the Emergency Ordinances (EOs). Until such a gazette is published, the legal status of compounds issued under the EOs from July 21 onwards remains ambiguous and potentially challengeable in court.
Legal Process for Revoking Emergency Ordinances

The formal revocation of Emergency Ordinances requires the Yang di-Pertuan Agong (YDPA) to sign off on the decision, followed by its official publication in the federal gazette. A verbal announcement in Parliament by the Law Minister, Datuk Seri Takiyuddin Hassan, stating the government's intention to revoke the EOs from July 21, is not legally sufficient on its own to effectuate the revocation. Until this official gazetting process is completed, the EOs are generally considered to remain in force.
Implications of a Backdated Gazette

If the official gazette announcing the revocation of the EOs is backdated to July 21, then compounds and fines issued from that date onwards under the authority of these EOs could be legally challenged as invalid. Lawyers have indicated that if a gazette, for instance, published on July 26, states that the EOs are revoked from July 21, then any government actions taken during that intervening period, such as issuing notices for maximum RM10,000 compounds to individual offenders, would be rendered invalid.
Distinction Between EOs and Act 342

It is crucial to distinguish between compounds issued under the Emergency Ordinances and those issued under the Prevention and Control of Infectious Diseases Act 1988 (Act 342). Compounds and penalties levied under Act 342 remain valid as the Act itself is still in force and has not been revoked. While the EOs introduced provisions that increased the maximum compound amount for Covid-19 related offences to RM10,000 for individuals and RM50,000 for companies, offences and compounds under Act 342 operate independently. However, new offences created specifically under the EOs, such as those pertaining to the dissemination of fake news related to Covid-19, could still be subject to enforcement until the revocation is officially gazetted.

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Will retrospective revocation invalidate compounds issued from July 21?

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