PP v Mohamed Ismail [1984] 2 MLJ 219

Case.

Law

The document discusses the legal system in Malaysia during British colonial rule and after independence. It covers topics such as the imposition of English law in the Straits Settlements and Malay states through various Royal Charters of Justice. Local customary laws and Islamic law were recognized in some cases but not others during this period. After independence, the legal system blended English law, Islamic law, customary laws, and legislation. The hierarchy of courts and their jurisdictions are also outlined.

MALAYSIAN LEGAL SYSTEM Legal history STRAITS SETTLEMENTS p1

The document discusses the early legal history of Penang from when it became a British possession in 1786 until the establishment of a proper legal system with the Royal Charter of Justice in 1807. It describes the period of legal chaos before 1807 when there was no proper law and order. The Royal Charter of 1807 formally introduced English law into Penang and established the Court of Judicature, providing the colony with its first permanent legal framework.

Case review lina joy v maiw

Snj SNj

The case involved Lina Joy, a Muslim woman who wished to convert to Christianity. She sought to change her name and remove 'Islam' from her identity card without obtaining a certificate from the Shariah court declaring that she had renounced Islam. The courts dismissed her application, ruling that as a Muslim she was subject to Shariah laws on apostasy and the finality of her decision to convert was within the jurisdiction of the Shariah court, not civil courts. The ruling affirmed that while freedom of religion is protected, Muslims must follow Shariah procedures for converting out of Islam which requires renunciation to be determined by the Shariah court.

Art 13 rights to property

Article 13 of the Malaysian Constitution establishes the right to property and places limitations on when property can be deprived. Article 13(1) states that no one can be deprived of property without a law authorizing such deprivation. However, the term "law" incorporates the concept of "jus" or legitimate law, providing some safeguards against arbitrary or unreasonable laws. Article 13(2) allows for acquisition of property for public purposes or purposes beneficial to the economic development of Malaysia, as long as adequate compensation is provided. The courts can determine what constitutes adequate compensation under the Constitution.

MALAYSIAN LEGAL SYSTEM Legal history STRAITS SETTLEMENTS PART2

This document discusses the history of Singapore from its time as part of the Malay kingdom of Malacca to its establishment as a British colony in 1819. It notes that Singapore was initially under Portuguese and Dutch rule before coming under permanent British control in 1824 through a treaty with the Sultan of Johor. The document also outlines the legal developments in Singapore and the other Straits Settlements of Penang and Malacca as English law was introduced through various Royal Charters and applied with some modifications to accommodate local customs and religions.

Article 5 (2) right to habeas corpus

The document discusses habeas corpus under Article 5(2) of the Malaysian constitution. It provides that habeas corpus guarantees the right to challenge unlawful detention in court. The court can order the production of a detained person and quash an illegal arrest or detention. However, habeas corpus does not apply in certain situations, such as when serving a lawful court sentence, lawful arrests for 24 hours, or remand under a magistrate's order. It also does not apply to challenges of trial legality, bail conditions, restriction orders, or detention for deportation under immigration law. The remedy in those cases is appeal through criminal procedure codes instead of habeas corpus.

Article 5(1) personal liberty

This document discusses the concept of "personal liberty" under Article 5(1) of the Malaysian Constitution through a summary of various court cases. It addresses how personal liberty relates to rights of the person or body, such as freedom from unlawful detention, right to be informed of arrest grounds, and right to legal counsel. However, it does not include rights to travel overseas or obtain a passport, as the government has discretion over passport issuance. The document also examines how personal liberty has been more broadly interpreted in some cases to include additional rights.

Defence of infancy

Nabihah Aqilah

This document summarizes the laws around criminal liability for minors in Malaysia. It outlines that under Malaysian law, children under 10 cannot be criminally liable, while those between 10-12 may not be liable if they are found to not understand the nature and consequences of their actions. It compares these provisions to English common law. The document also discusses two court cases that further illustrate how these defenses for minors are applied and interpreted.

The Law Reform (Marriage & Divorce) Act 1976 diminished the relevance of Chinese and Hindu customary laws on marriage and divorce in Malaysia in three key ways: 1. It abolished polygamous marriage among Chinese people by introducing monogamy for Hindu and Chinese communities. 2. It established a common system for solemnizing and registering all marriages. 3. It provided uniformity in marriage and divorce laws for Chinese and Hindus, avoiding conflicts over which laws to apply.

Article 7 prohibition of retrospective criminal law

Article 7 of the document prohibits retrospective criminal laws in two parts. First, it prohibits punishing people for acts that were legal at the time. Second, it prohibits imposing greater punishment than what was prescribed by law at the time of the offense. The document discusses that retrospective changes to substantive criminal law and punishment are not allowed, while retrospective procedural changes are permitted. It analyzes a past court case, Loh Kooi Choon, where a constitutional amendment was found to improperly deprive someone of legal protections retroactively.

Conversion

Noorul Adibah Rosli

Conversion involves interfering with another's property rights in a way that is inconsistent with those rights. There are three elements required for conversion: 1) the defendant's conduct must be inconsistent with the rights of the owner or possessor, 2) the conduct must be deliberate, and 3) the conduct must constitute an extensive encroachment on the owner's rights such that they are excluded from use and possession of the goods. Examples of conversion include intentionally taking possession of another's property without justification or abusing possession of lawfully held goods. Mere unintentional or accidental interference is typically not enough to establish conversion.

Article 9 freedom of movement-

Article 9 of the Malaysian Constitution guarantees citizens the freedom of movement within Malaysia. It prohibits banishment of citizens but this right is subject to limitations including laws relating to security, public order, health, and crime. The constitution does not guarantee rights to travel overseas or a right to a passport. While citizens have a right to move freely within Malaysia, the states of Sabah and Sarawak can control entry from other parts of Malaysia through immigration laws. Suspension of a driving license that limits freedom of movement is allowed under laws relating to public safety.

MALAYSIAN LEGAL SYSTEM Legal history THE MALAY STATES PART 1

undergraduate student at International Islamic University Malaysia

While succession disputes embroiled the Malay states, British intervention consolidated their power by appointing residents to advise Sultans. In Perak, succession disputes among Chinese secret societies overlapped with fights over rich tin deposits. The Pangkor Treaty of 1874 made Perak a protectorate and appointed JWW Birch as the first British resident. This set a precedent for the other Federated Malay States to become protectorates governed through a residential system.

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LAND LAW 1 TOL 2014

undergraduate student at International Islamic University Malaysia

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Art 5 (a) st

The document discusses the rights of arrested persons under Article 5 of the Malaysian Constitution. It describes the 3 rights under Article 5(3): 1) the right to be informed of the grounds of arrest, 2) the right to consult a lawyer, and 3) the right to be defended by a lawyer of one's choice. It also discusses the right under Article 5(4) to be produced before a magistrate within 24 hours. Several court cases are discussed that relate to defining and enforcing these rights. For example, in Abdul Rahman v Tan Jo Koh the court held that a person must be given a reason for their arrest within a reasonable time. In Ramli bin Salleh the right to counsel was

Article 5 rights under article 5 (3) (4)

This document summarizes the rights of an arrested person under Article 5(3) and (4) of the Malaysian constitution. It discusses the three main rights: 1) the right to be informed of the grounds for arrest, 2) the right to consult a legal practitioner, and 3) the right to be defended by a legal practitioner of one's choice. It examines Malaysian case law that has interpreted and established limitations on these rights, such as allowing a reasonable delay before access to a lawyer to avoid interfering with police investigations. The document also discusses exceptions to these rights for enemy aliens under certain security laws.

Article 150

Nelfi Amiera Mizan

This document discusses emergency powers under Article 150 of the Malaysian constitution. It provides that the Yang di-Pertuan Agong can declare a state of emergency if there is a threat to security, economic life, or public order. During emergencies, broad powers shift to the executive branch, including lawmaking powers. There is debate around whether the Agong acts on government advice or personal discretion in declaring emergencies. The document also examines judicial, parliamentary, and executive controls on emergency powers to prevent their abuse.

Article 11, 12 13

This document summarizes key aspects of religious freedom and property rights under the Malaysian Constitution. It outlines the rights to profess, practice and propagate religion (A11), as well as limits on these rights, including restrictions on attempting to convert Muslims. It discusses cases related to religious instruction in schools, wearing religious attire, and preventing religious propagation. The document also defines property under A13, notes it includes tangible and intangible forms, and outlines legal requirements and protections regarding deprivation of property, including the right to compensation.

The development of malaysia law

Irwan John Imbayan

This document discusses the development of Malaysian law through three Charters of Justice - 1807, 1826, and 1855. The Charter of 1807 introduced English law to Penang as it stood in 1807, subject to local customs. It established the first British court. The 1826 Charter extended this to Malacca and Singapore. The 1855 Charter reorganized existing courts but did not introduce new law. Islamic law was recognized as local law through cases like Ramah v Laton. The 1880 Mohammedan Marriage Ordinance also defined how Islamic law would be applied in civil courts. Edward CJ further affirmed that Islamic law modified by local customs applied to Malays in Selangor, Perak and P

Malaysian Legal System - Past years attempt 2

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The document discusses the various controls on delegated legislation in Malaysia. It notes that while delegated legislation can be abused, it is controlled through parliamentary control, judicial review, consultation requirements, and publication rules. Parliamentary control allows legislation to repeal delegated laws, while judicial review allows courts to invalidate laws that are inconsistent with parent acts or violate procedural requirements. Consultation and publication are also sometimes required by specific parent acts.

1 introduction lecture

Nur Hana Roshida Hairudin

This document provides an overview of the Constitutional Law course, including its objectives, description, required texts, assessment structure, and lecture plan. The course aims to provide an understanding of Malaysia's Federal Constitution and fundamental rights. Key topics include the principles of constitutional law, constitutionalism, Malaysia's historical development, fundamental liberties, and current constitutional issues. Students will be assessed based on coursework and a final exam. The lectures will cover topics such as the basic features of the Federal Constitution, constitutional supremacy versus parliamentary supremacy, and types of constitutions.

Supremacy of the Federal Constitution

8 constitutional supremacy doctrine 6 (3)

The document discusses two key doctrines of constitutional supremacy in Malaysia: 1) The doctrine of pith and substance allows courts to examine laws based on their true purpose and effect rather than their literal language. This ensures laws are not used for "colourable" or fraudulent purposes that exceed the legislature's powers. 2) The doctrine of severability holds that if parts of a law contradict the constitution, the unconstitutional parts can be severed, leaving the remaining valid parts intact. This allows courts to invalidate specific provisions while preserving the overall law. The document provides examples of cases where these doctrines were applied to determine the constitutionality of various legislation.

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This document discusses slavery, forced labor, and freedom under international law and Malaysian constitutional law. It provides definitions of a slave, forced laborer, and free man based on lack of liberty and payment. International treaties prohibiting slavery and forced labor are outlined. Article 6 of the Malaysian constitution is examined, which absolutely prohibits slavery and allows only limited exceptions to the prohibition of forced labor, such as compulsory military service or imprisonment. A Malaysian court case is summarized that found employees must be given proper notice and a choice of employer to prevent forced labor that would violate constitutional rights.

BURDEN AND STANDARD OF PROOF

This document discusses burden and standard of proof in law of evidence. It defines burden of proof as the obligation to provide sufficient evidence to support one's case, and distinguishes between burden of establishing a case and evidential burden of introducing evidence. The standard of proof refers to the degree of probability required to discharge the burden. For criminal cases, the standard is proof beyond reasonable doubt, while for civil cases it is on a balance of probabilities. The more serious the allegation, the higher the standard of proof required.

LAW OF EVIDENCE - TUTORIAL QUESTION AND ANSWER

1. A witness who is inconsistent in giving evidence, especially if the inconsistencies are material contradictions, cannot generally be regarded as a credible witness. However, not all inconsistencies necessarily undermine credibility. 2. For a witness to refresh their memory by referring to notes, certain conditions must be met under Section 159 of the Evidence Act. The writing must have been made by the witness at the time of the event or soon after. 3. Even if the conditions for refreshing memory are satisfied, the opposing party still has the right to inspect the document and cross-examine the witness on it. Referring to a document alone does not necessarily make the witness credible; it depends on whether the statutory safeguards are

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