Do Malaysian non-Muslims have the fundamental right to worship?
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. ...
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Is the test for a stay of execution in personal injury cases, different?
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) ...
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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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Are we seeing a dilution of the prosecutorial system in Malaysia?
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 ...
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Phineas T. Barnum was the owner of a very popular circus. He once said, “Any publicity, whether good or bad, is good publicity”. Barnum's point was simple: “Nothing is worse than not being talked about”. You might wonder why I quote the owner of a circus. Do you not think that what is happening in ...
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We should stop dancing around an inevitable admission: Malaysian corruption laws have failed. Enforcement has failed. Look at the Najib Pardon case; or the ‘Lorry Stickers’ fiasco. Corruption has been ‘formalised’. It has thrived, for 68 years, in a ‘parallel' system 'monetised' by those who have power to open doors. Why not force it into ...
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