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Summary on Law on the Management of the Nation in a State of Emergency

Under Royal Decree N.S/R.K.M No. 0420/018 dated 29 April 2020, Law on the Management of the Nation in State of Emergency is promulgated by the Acting Head of State. In line with Article 22 of the Cambodian Constitution, the Law aims to safeguard national security and public order, protect public health, lives, properties and environment throughout the Nation. The Law has set out the procedure, and condition to place the Nation under the state of emergency.
Attached table demonstrates upon the detail content:

Items Description
Procedure (Art.3) When the country faces serious danger:

–        The Nation’s declaration in the state of emergency shall be proclaimed by the King after having agreement from the Prime Minister, President of the National Assembly and Senate;

–        The declaration of a state of emergency shall be made by Royal-Decree;

–        The declaration of the state of emergency cannot exceed 3 months and this period can be extended under the same condition.

Condition (Art.4) The declaration of the state of emergency is announced if the country confronts with danger such as following:

–        War or invasion from a foreign country;

–        Public Health Emergency caused by pandemic disease;

–        Serious chaos to national security and public order and;

–        Severe calamity which threatens or cause danger to the nationwide.

 

Measures (Art.5) In the course of the state of emergency, the government has rights to set out certain measures:

–        Ban or restrict the freedom of travel;

–        Ban or restrict the rights of gathering or assembly;

–        Ban or restrict work or business activities;

–        Ban or restrict people from leaving home or any stays;

–        Setting out the quarantine measure in a case of the state of emergency of public health caused by the diseases out-break;

–        In response of emergency, measure of mobilization or evacuation citizens shall be set up and;

–        In necessary cases, the asset/service of legal person or natural person shall be seized, managed as well as disposed by implementing measure.

Penalties  (Chapter 4) In any cases of obstructing and causing obstacles, disobey the measure during the country in the state of emergency, the action intentionally, without basing on the other criminal cased, can be sentenced in Jail and fined as prescribed by the said Law.

Please be noted that this Law on the Management of the Nation in State of Emergency is promulgated as the legal framework only, a state of emergency has not been issued in Cambodia yet.
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