by GK Ganesan March 9, 2025
Blog , Constitutional Law , English , Government , Home Featured Articles

Can the Home Minister declare a 7-star hotel as a prison?

"Don't be ridiculous!", is what you would say. Why not? This is because on March 6, 2025, it was reported that Malaysia’s Home Minister could declare any place (including a house) as a 'prison' under sec.3 of the Prisons Act 1995 (the Act). This was meant to – and did spark – a heated debate: could the Home Minister use his discretion to incarcerate a prisoner at a luxurious residence? ...

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by GK Ganesan January 8, 2025
Blog , Constitutional Law , English , Government , Home Featured Articles , Politics

Could the King – or the Pardons Board – insert an Addendum into a Pardon?

The answer is, No. Why? Since the Najib saga began, the Addendum has been, in Churchill’s words, “a riddle wrapped in a mystery inside an enigma”. In my opinion, the key reasons are: [1]: Pardons cannot be granted ‘in instalments’. [2]: Accepted rules of constitutional interpretation do not at all point to any 'House Arrest' orders (a new Act of parliament is required for that!); and no precedent exists. [3]: ...

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by GK Ganesan April 24, 2023
Areas Of Practice , Blog , Constitutional Law , English , Government , Home Featured Articles , Politics

Why do Malaysian Ministers refuse to go on leave, or better still, resign, when their character in public office is called into question?

Ministers who suffer even a whiff of impropriety should immediately (1) make a public statement explaining the circumstances of the allegations against them; (2) allow space for enforcement agencies and Parliamentary Committees to do their investigation; and (3) go on leave.

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