Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 3 - Jul/Aug/Sep 2021
 

Updates to the State of Emergency in Myanmar

There have been quite a number of developments regarding the State of Emergency in Myanmar. We set out below these key developments.


New Caretaker Government Formed 


A new caretaker government has been formed by the State Administration Council ("SAC") pursuant to Order No. 152/2021 on 1 August 2021, with the declaration of Senior General Min Aung Hlaing as Prime Minister of the caretaker government. The newly formed caretaker government also pledged to hold democratic elections by August 2023. 


Amendment of the Counter-Terrorism Law


In the legal sector, the Counter-Terrorism Law has been amended which introduces harsher penalties for partaking in anti-regime activities. The imprisonment term for exhortation, persuasion, propaganda, recruitment of any persons to take part in terrorist activities has been extended from three years to seven years. Furthermore, SAC has declared that publicly supporting the National Union Government (NUG) on social media is deemed to fall under Section 52(a) of the Counter-Terrorism Law, which carries imprisonment penalties ranging from three to seven years.


Dismissal of Ongoing Cases Unless Exempted


Separately, Order No. 172/2021 was issued on 11 August 2021. The order prescribes a dismissal of all ongoing cases unless they fall under one of the exemptions. The exemptions include cases for a relevant offence under a specified law, or when a plaintiff has submitted a complaint for continuance of the case.


We will be monitoring closely the updates to changes pursuant to the State of Emergency in Myanmar due to its rapid development. Please click here for our in-depth update concerning all the developments which has occurred due to the State of Emergency in Myanmar.



Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.

 

Rajah & Tann
Myanmar Company Limited
Room No. 408(A), Prime Hill Business Square, No. 60,
Shwe Dagon Pagoda Road, Dagon Township,
Yangon, Myanmar
http://mm.rajahtannasia.com


Contacts:

Dr Min Thein
Managing Partner
D +951 9345343
F +951 9345348
min.thein@rajahtann.com

Chester Toh
Director
D +65 62320220
chester.toh@rajahtann.com

Jainil Bhandari
Director
D +65 62320601
jainil.bhandari@rajahtann.com

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