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

Post a Comment

Popular posts from this blog

Two Tales, Two Leaders - PART 1

Man has dual nature; he is both his own person and a member of his country. On the one hand, the law must protect the individual from the injustices of the multitude.  History has shown how individuals fall prey to mass perversity, their crime being simply a refusal to conform to the beliefs and prejudices of the majority. Anwar Ibrahim, The Asian Renaissance, 1997., Page 63. The value system and ethical code therefore determine the success or failure of corrective measures. If the value system is wrong, corrective measures will not be productive or will be only slightly productive. When the value system motivates, very little corrective measures are needed. Dr. Mahathir bin Mohamad, The Malay Dilemma, 1970., Pages 172-173. Introduction Malaysia is our motherland. We love our country. This country has so much of wealth. Even though, Malaysia has agonized considerably in past three decades because of the malpractices of the corrupted characters but she is never fail t...
Post a Comment
Read more

Brexit: A lesson for Malaysians

Yesterday, Britons through a referendum made a decision to leave European Union. The ruling Conservative Party divided on this referendum and David Cameron in favour of ‘Remain’ was defeated outright. Even though he is disagreed with the decision of Britons, he announced that he is resigning from his premiership in respect of people’s decision. We can expect in a mature democracy country like United Kingdom this is vastly anticipated to be transpired.   A few days ago, the current Chief Commissioner of Malaysian Anti-Corruption of Commission made a statement that he is stepping down from his position and there are some rumours indicating that a few prominent officers from the said Commission will either resign or retire. It’s very eccentric news for Malaysians as it will have a profound impact on bribery and corruption issues in Malaysia as a whole. Recently, the results of two by elections were won by Barisan Nasional, the ruling party of Malaysia. Many promises had been...
Post a Comment
Read more

Constitution of Malaysia: An Introduction Part 5

7 (1) No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed. (2) A person who has been acquitted or convicted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was acquitted or convicted.
Post a Comment
Read more