1. Natural Justice
Meaning:
• Procedural safeguard against improper
exercise of powers by a public authorit
• Characterised as fair administrative
procedure
• Procedural fairness is an integral part of
Administrative Law

2. Natural Justice
• Development and Application
• Elements/Principles of Natural Justice
• Effect of failure to observe natural justice

3. Development and Application
1. Look into the classification of powers
- Applied if it involved quasi judicial power
- Cooper v Wandsworth of Works (1863) 14 C.B.N.S. 180
4. Strict approach
- natural justice not applicable if it is pure administrative approach
- Nakkuda Ali [1951 AC 66.
7. Flexible approach
-Ridge v Baldwin (1964) AC 40
-fairness
-Re (H) K (an infant) [1967] 2 QB 617
-procedural fairness
-Tan Teck Seng
- Hong Leong

4. Development and Application
4. Principle of legitimate expectation
• Legitimate expectation arises when there is a promise or
representation or past practice followed by authority.
• Legitimate Expectation includes expectation which goes beyond an
enforceable legal right, provided it has reasonable basis.
• Expectation may be based on some express statement of
undertaking, or on behalf of, the public authority which has the duty
of making the decision, or from the existence of a regular practice
which the claimant can reasonably expect to continue.
- Schmidt v Secreatary of State for Home Affairs [1969] 2 WLR 337.
- -Re Liverpool Taxi Owners, Assoc. [1972]2 All ER 589
- AG of Hong Kong v NG Yuen Shiu [1983] 2 AC 629.

5. Legitimate Expectation
• Application in Malaysia
- J. P Belthelsen v Director General of Immigration [1987] 1
MLJ 134.
- Dr. Benjamin George & Ors v Majlis Perbandaran
Ampang Jaya and others [1995] 3 MLJ 665.
- Lee Freddie v Majlis Perbandaran Petaling Jaya [1994] 3
MLJ 640.

6. Elements of Natural Justice
I. Right to be Heard (audi alteram
partem)
2. Rules against bias (nemo judex in causa
sua)

7. Right to be heard
1. Notice
a) Charges
b) Time
5. Hearing
a) Written
b) Oral
c) Reasonable hearing

8. Right to be heard
1. Notice
a) Content of charges should be informed
- if charges on minor sentence but punish for
severe punishment therefore notice must be
given
- grounds of charges must be clear
-Maradana Mosque Trustee v Badi-ud-din-
Mahmud [1967] 1 AC 13
- Mahadevan v Anandrajan [1974] 1 MLJ 2

9. Right to be heard
1. Notice
b) Sufficient time must be given to
make defence
- Re Liverpool Taxi Owner’s Association
[1972] 2 All ER 589
- Phang Moh Sin v Commissioner of
Police [1967] 2 MLJ 186

10. Right to be heard
1. Hearing
Introduction
Hearing could be written or oral hearing because
defending on the circumstances of an individual case
- Ketua Pengarah Kastam v Ho Kwan Seng [1977] 2
MLJ 152
a. Written
If the case is simple and not complicated or technical
written hearing is sufficient

11. Right to be heard
b. Oral
- Oral hearing is needed if the case involved is
complex or technical or serious charges had
been made affecting reputation and livelihood of
the alleged person
- Travencore Rayons AIR 1971 SC 862
- Pett v Greyhound [1968] AII ER 545
- Phang Moh Sin
- Pengarah Kastam

12. Right to be heard
c) Reasonable hearing
To ensure that there is a fair hearing is given,
the hearing must be reasonable. Reasonable
hearing includes the following:
iii) Disclosure of evidence or information
iv) Right to receive information
v) Right to counsel
vi) Reasoned decision
vii) Based on procedural fairness

13. Right to be heard
c) Reasonable hearing
i) Disclosure of evidence or information
- relevant material used in decision making must be brought to
the notice of the alleged person
- R v Secretary of state for the Home Department ex parte
Hosenball [1977] 1 WLR 766
- R v Chief constable of North Wales Police v Evans [1982]
- Fairmount Investments Ltd v Secretary of state for the
Environment [1976] 1 WLR 1255
- Phang Moh Sin
- Shamsiah Ahmad Sham (1990) 3 MLJ 364
- Abdul Rahman v Public Service Comm (1991) 2 MLJ 240
- Re Paragamon Press Ltd (1971) Ch 388

14. Right to be heard
c. Reasonable hearing
ii) Right to accept information
- Decision maker must accept information or
evidence given by the alleged person to
support or rebut allegation against him/her
- R v Board Visitors of Hull Prison ex parte St
Germain (No. 2) 1 WLR 1401
- Malayawata Steel Bhd v Union Malayawata
Steel Workers [1978] 1 MLJ 87

15. Right to be heard
c. Reasonable hearing
iii) Right to counsel
- Generally not a right but if the case is complicated,
serious, affecting reputation or livelihood the allege
person should be allowed legal assistance
- Pett v Greyhound Racing Association [1969] 1 QB 125
- -Pett No 2 [1970] 1 QB 46
- R Secretary v of State for the Home Department ex
parte Tarrant [1985] QB 251
- R v Board of Visitors of the Maze Prison ex parte
Home and Mc Cartan [1988] AC 379

16. Right to be heard
c. Reasonable hearing
iv) Reasoned decisions
- It is not an obligation to give reasons but by
giving reasoned decisions it amounts to good
administration
- Breen v AEU 2 QB 143
- Travencore Rayons
- Pemungut Hasil Tanah, Daerah Barat Daya,
Pulau Pinang v Kam Gin Paik [1983] 2 MLJ 392
- Rohana Ariffin v USM (1989) 1 MLJ 487

17. Right to be heard
C. Reasonable hearing
iv. Reasoned decisions
- Based on procedural fairness
Giving of reasons extended to cases affecting
fundamental liberties of a persons
- Padfield v Minister of Agriculture , Fisheries and Food
[[1968] AC 997
- Rohana Ariffin v USM
- Hong Leong Equipment [1996] 1 MLJ 481

18. Rules against bias
Elements of bias
• Pecuniary bias
• Personal bias
• Policy bias

19. Rules against bias
Elements
2. Percuniary bias
- percuniary interest disqualify a judge
- Dimes v Grand Junction Canal (1852) 3
HLCas 759.

20. Rules against bias
Elements
2. Personal bias
- adjudicator can’t have relationship,
friendship, business with party in dispute
- test- whether ther is likelihood of bias
- Metropolitan Properties [1968] 3 All ER 304
- A. Kraipak AIR 1970 SC 150
- Govindaj v President MIC [1984] 1 MLJ 190

21. Rules against bias
Elements
2. Policy bias
- Gullapalli N Rao v Andra Pradesh AIR 1959 SC 308
- Franklin v Minister Town and Country Plainning (1948)
AC 87
- Alkaff & Co v The Governor-in-Council [1937] MLJ 202