This real-life story is not about one man. It is about an ideal. An ideal that, if followed, would lift the law-and those who serve it-above all doubt.
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Let me recount a story – one that unfolded in the early days of March, 2025. It all happened at a Malaysian government hospital. To say I was moved would be an under-statement.
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"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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The answer is, Yes. The Malaysian Federal Constitution, specifically Article 11(1), read with Art 3(1) and (5), guarantees every individual’s right to ‘profess’, ‘practice’, and, subject to certain laws prohibiting proselytisation to Muslims, to ‘propagate’ their religion. The Constitution therefore guarantees that non-Muslims have the same fundamental right of worship as do our Muslim counterparts. I will all tell you an interesting story at the end.
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The test for a stay of execution in personal injury cases involving the Road Transport Act 1987 (RTA) differs significantly from other civil cases. This essay examines the nuances of this test and addresses several key questions. It concludes that the test is far higher because of the operation of sec. 96(2)(b), read with ss.96(1) and 91(3) of the RTA. The other question is whether the insurer's 'right to intervene' ...
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In Malaysia, the phrase ‘rendered service to the nation’ appears to take on a different meaning, especially when invoked to justify the pardon of a corrupt politician. Odd, isn't it?
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Although the Federal Constitution has established a sound legal system, the machinations of a small group of people compel us to ask important questions. Is it true that the enforcement of the law is being disrupted by three devices: [1], an attack on the prosecutorial process; [2], an attack on the judiciary; and [3], a modification of the pardon process?
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Suppose a hospital is negligent. The patient sues the hospital. The court awards compensation. Should the hospital dictate how and when the victim should spend the compensation money?
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If you had only RM10.00, can you spend RM20.00?
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Some say that the power of the King to grant a royal pardon is ‘absolute,’; that ‘no one can question it’. Is this correct?
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