State Of Emergency Bill Submitted To Assembly

Phnom Penh – The draft law on emergency management of the Kingdom prepared by the Royal Government of Cambodia was submitted to the National Assembly on the evening of April 3, 2020, according to Leng Peng Long, Secretary-General of the National Assembly.

Leng Penglong added that next Tuesday, the National Assembly will have a permanent committee meeting and the draft bill will be discussed and approved next week.

The draft is comprised of five chapters and 11 articles designed to lead the nation when the country is declared a state of emergency. The draft law on the management of a state of emergency was prepared in accordance with of Article 22 of the Cambodian Constitution, which states: “When a nation is in danger, the King shall make a proclamation to the country. The nation is in a state of emergency after the approval of the Prime Minister, the President of the National Assembly and the President of the Senate”

The bill will provide a legal basis to ensure the implementation of Article 22 and a legal basis for the government to impose indispensable measures in response to the country’s situation. It is intended to protect the security, public order, and the health and safety of citizens, including protecting property and the environment.

The draft law will also set out the procedure, and terms of the declaration of a state of emergency, as well as the necessary measures that the Royal Government has the authority to impose. (Fresh News)

THE DRAFT LAW IN THE STATE OF EMERGENCY (from AMCHAM)

Chapter 1
General provisions

Article 1: Purpose
This law sets forth the procedure and conditions of declaration of nationality in emergency when the nation is in danger and the management of the country in this state of security to protect national security and public order, protect life and health and the people as well as protect the property and the environment.

Article 2: Scope
This law is in effect when the nation is placed under a state of emergency in accordance with Article 22 of the Constitution of the Kingdom of Cambodia.

Chapter 2
The procedure and conditions of the declaration of nationality are in an emergency
When the nation is in danger, the King declares the nation is in a state of emergency after the approval of the Prime Minister, the President of the National Assembly and the President of the Senate.
A Royal Decree shall make the declaration of nationality in an emergency. An emergency state placement may be for a limited time or for an indefinite ride. Placing the nation in a state of emergency for seven indefinite periods (ending with a royal decree when the situation permits).

Article 4: Conditions for putting the nation in a state of emergency:
Putting the nation in a state of emergency can be when the nation is at risk of serious danger, war or foreign aggression, a public health emergency: caused by an epidemic of chaos serious damage to national security and public order, as well as serious disasters that threaten or cause harm Spread nationwide level.

Chapter 3
The administration of the country is in a state of emergency

Article 5: Measures During the State of Emergency When the Nation is declared a state of emergency; the Royal Government shall have the right to impose the following measures:
1. Prohibition or restriction of freedom of movement.
2. Prohibition or restriction of the right to freedom of gathering of people.
3. Prohibition or restriction of work or occupation.
4. Prohibition or limitation of persons from going out of any residence.
5. The introduction of appropriate measures for quarantine in public emergencies caused by disease outbreaks.
6. Deferred measures and evacuation of people in response to emergencies.
7. The introduction of measures to prevent, disarm, administer, and manage assets and services necessary to respond to emergencies.
8. Pricing of goods and services
9. Public or private closures
10. Monitoring the management of access to information through all forms of telecommunications
11. Prohibition or limitation of the distribution or dissemination of information that could cause fear
12. The introduction of other appropriate measures.
In case it is necessary, the government can delegate authority to the armed forces to ensure its implementation.
During times of war or in other situations where national security is at serious risk, the administration of the country can be carried out under martial law.
Article 6: The regime reports emergency measures to the National Assembly and the Senate.
The Royal Government shall regularly report on the measures it has taken in a national emergency to the National Assembly and the Senate. The National Assembly and the Senate can request information from the Royal Government in the form of monitoring and evaluation.

Chapter 4
Punishment
Article 7: Obstacles to the operation of the state of emergency:
Regardless of the other offenses, any intentional act of obstructing or hindering the operation of an emergency response is punishable by one to five years in prison and a fine of one million to five million riels.
Acts of interruption in the event of a state of emergency are punishable by five to 10 years in prison if they result in a public nuisance or damage to national security.

Article 8: Disobedience to national measures in a state of emergency:
Regardless of the other offenses, the act of deliberately disregarding the measures laid down by the Royal Government under Article 5 of this law is punishable by imprisonment from one month to one year and a fine of One hundred thousand riel to one million riels.
Failure to take measures when the nation is in a state of emergency is punishable by one to five years in prison and a fine of one million to five million riel, if any, in the event of a public outcry.
Article 9: Criminal Liability of Legal Entities:
A legal entity has been declared criminally liable under Article 42 of the Criminal Code for offenses under Article 7 of this law. The legal entity shall be fined from one hundred million riels to one billion riels and one or more additional penalties as stated in article 168 of Criminal Code.
A legal entity has been declared criminally liable under Article 42 of Criminal Code for offenses under Article 8 of this law. The legal entity shall be fined from fifty million riels to five hundred million riels and one or more additional penalties as stated in article 168 of Criminal Code.

Chapter 5
Final provisions

Article 10: Abrogation:
All provisions contrary to this law shall be abrogated.

Article 11: Urgent declaration
This law shall be promulgated urgently.