Skip to main content

Constitution of Malaysia: An Introduction Part 3

PART II - FUNDAMENTAL LIBERTIES

5

(1) No person shall be deprived of his life or personal liberty save in accordance with law.

(2) Where complaint is made to a High court or any judge thereof that a person is being unlawfully detained the court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the court and release him.

(3) Where a person is arrested he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.

(4) Where a person is arrested and not released he shall without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey) be produced before a magistrate and shall not be further detained in custody without the magistrate's authority:
Provided that this Clause shall not apply to the arrest or detention of any person under the existing law relating to restricted residence, and all the provisions of this Clause shall be deemed to have been an integral part of this Article as from Merdeka Day.

(5) Clauses (3) and (4) do not apply to an enemy alien.

6

(1) No person shall be held in slavery.

(2) All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national purposes.

(3) Work incidental to the serving of a sentence of imprisonment imposed by a court of law shall not be taken to be forced labour within the meaning of this Article.

(4) Where by any written law the whole or any part of the functions of any public authority is to be carried on by another public authority, for the purpose of enabling those functions to be performed the employees of the first mentioned public authority shall be bound to serve the second mentioned public authority shall not be taken to be forced labour within the meaning of this Article, and no such employee shall be entitled to demand any right from either the first mentioned or the second mentioned public authority by reason of the transfer of his employment.
Source: Federal Constitution 1957

Comments

Popular posts from this blog

India-Malaysia ties and the future

Prime Minister Anwar Ibrahim is on his first official visit to India. The main aim of this visit is to seek support for Malaysia’s application to join Brics and to fortify bilateral ties, as the country is keen to improve its connections with one of the rapidly expanding economies in Asia. In light of the increasing crumbling of the global order, particularly stemming from trade disputes between the United States and China, as well as the proxy conflict involving the United States and Russia, Malaysia is encouraged to reassess its foreign policy to uphold its neutral stance. Given India’s status as the largest democracy and the fifth-largest economy globally, along with its notable advancements in indigenous space and defence technologies, it is proposed that India emerge as Malaysia’s key partner in the years ahead. Why India is important for Malaysia The historical ties between India and Malaysia extend back several centuries, with significant Indian cultural, religious, and administ...

THE HISTORY OF TERRORISM: MORE THAN 200 YEARS OF DEVELOPMENT

The history of terrorism dates back at least 1500 years when Jewish resistance groups (66 - 72 A.D.) known as Zealots killed Roman soldiers and destroyed Roman property. The term assassin comes from a Shi'ite Muslim sect (Nizari Isma'ilis - also known as hashashins "hashish-eaters") fighting Sunni Muslims (1090 - 1275) and during Medieval Christendom resisting occupation during the Crusades (1095-1291). The hashashins were known to spread terror in the form of murder, including women and children. The brotherhood of Assassins committed terror so as to gain paradise and seventy-two virgins if killed and to receive unlimited hashish while on earth. The modern development of terrorism began during the French Revolution's Reign of Terror (1793 - 1794). During this period the term terrorism was first coined. Through the past two hundred years, terrorism has been used to achieve political ends and has developed as a tool for liberation, oppression, and i...

The by-election in Kuala Kubu Baharu (KKB) and the Indian electorate

  I was born in Malaysia, belonging to the Indian ethnic group, which constitutes approximately 7% of the country's total population. My durable credence is that I am Malaysian first and foremost, and only then do I identify myself as Indian. Regrettably, it saddens me to witness and hear about the actions of certain politicians who question my loyalty to Malaysia. What is even more disheartening is that some Malaysians have been influenced by the manipulative rhetoric of these self-serving politicians. Recently, I have observed numerous discussions on both mainstream and online news platforms regarding the recognition and inclusion of Indians by ruling parties. Surprisingly, even the opposition has displayed a significant interest in the welfare of Indians. Upon contemplating the reasons behind this sudden surge in attention towards Indians, it becomes evident that it is primarily driven by the upcoming Kuala Kubu Baharu (KKB) by-election. It is noteworthy that such ...