Consti Trivia for πŸ‡²πŸ‡Ύ Day:

Did u know that, in 1963, Kelantan challenged the formation of the Federation of Malaysia (i.e. Malaya's decision to federate with Spore, Sabah & Sarawak)?

The "Kelantan challenge" resulted in a Federal Court decision [1963] MLJ 333.

Why did it do so?
The legal reason: the Malaysia Agreement abolishes the Federation of Malaya (which Kelantan is a part of) & thus violate the Fed of Msia Agreement 1957.

Therefore, the Executive had had to obtain the consent of each of Fed of Malaya states beforehand, including Kelantan Ruler.
The Fed Court rejected Kelantan's challenge.

It held that Parliament was within its powers to amend the Constitution to efectuate the Malaysia Agreement, & there was no need to consult the States.

Thus, the Malaysia Agreement was validly signed by the Federal Government.
Chief Justice Thomson delivered the decision only 30 hours before Malaysia was to be declared.

He aptly put it as such: "Never, I think, has a judge had to pronounce on an issue of such magnitude on so little notice and with so little time for consideration."
The political reason?

This article suggests that PMIP (later PAS) - under Dr Burhanuddin Al-Helmy - which controlled Kelantan, preferred instead a merger of Malaya, Indonesia and the Philippines, to form Melayu Raya.…
The rest is history.

Singapore later split. Sabah & Sarawak were the founding States of Malaysia & we have been together ever since 1963.

But Sabah/Sarawak have also not been treated as equal partners.

It remains to be seen if federalism in the true sense will come to fruition
Typo correction: it was the Federation of Malaya Agreement 1948. Not 1957.

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More from @limweijiet

3 Jun
Ampun Tuanku.

Dengan hormat, Sultan Johor tiada kuasa utk bubarkan DUN secara diri-sendiri.

Tuanku hanya ada budibicara tersebut jika dinasihati oleh MB utk berbuat demikian.

Malaysia mengamalkan sistem raja berperlembagaan, bukan monarki kuasa mutlak.
Perlembagaan & Undang2 Tubuh Negeri telah patik teliti dengan cermat.

Patik telah pun menukil suatu artikel mengenai isu ini semasa pertukaran MB Johor pada 2019.…
Ada yg sekadar memetik Fasal 23, Bahagian 2, Undang2 Tubuh untuk sokong hujah yg Sultan ada kuasa sedemikian.

Ini tafsiran yg tidak lengkap. Perlembagaan mesti dibaca menyeluruh. Lihat Fasal 7, Bahagian 2. Jelas nyatakan yg Sultan mesti sentiasa bertindak ikut nasihat Eksekutif.
Read 6 tweets
21 May
From 1st June, Sec 17A of the MACC Act comes into force.

Why must businesses, management & directors pay attention?

1) If a person associated w company (which includes staff, 3rd party agents, etc.) commits bribery, d company also commits the offence…
2) If d company commits offence, a director, controller, partner or whoever manages affairs of company (at time of commission of offence) is deemed to have committed d offence of bribery.

Simply put, management can be charged for corruption if his/her staff engages in corruption
3) A defence which management can raise is if he/she had put in place "adequate procedures" to prevent commission of bribery.

It is thus imperative for companies to obtain advice on what amounts to "adequate procedures".
Read 4 tweets
20 Apr
Will be joining @anwaribrahim & Prof Rosmawati together with anchors @melisa_idris & @SharaadKuttan at @501Awani later at 10pm.

We will discuss about Parliament's 1-day sitting amidst the Covid-19 outbreak.
I'll summarise what I said:

Based on facts we know so far (1 day sitting with no debates, no other early date for next sitting, concerns of lack of legitimacy), it is arguable that the 1-day sitting is unconstitutional/unlawful.
Is Covid-19 good enough excuse to not convene Parliament more than 1 day?


Video-conference hearings can be arranged - as in Maldives, a small island nation of 87 MPs.

Social distancing measures - as in France & Germany

Or both physical & online attendance - as in UK
Read 5 tweets
21 Mar
Have spent d last few days on "Dialog: Thoughts on Tunku's Timeless Thinking".

What a remarkable & visually stunning memoir of Tunku Abdul Rahman.

Here are 10 insightful nuggets of wisdom from d book.

Hopefully it will spread some positivity in this trying times for πŸ‡²πŸ‡Ύ.
1. When Tunku was a law student in Cambridge, he was notorious for his motor misadventures. He frequently sped through campus in his Riley sports car.

The University had to appoint a "Motor Proctor". That office, created specifically due to Tunku, still exists until today.
2. Tunku was denied a place in College in Cambridge.

The College Head said to him: "This college was built for Englishmen, and I cannot let you in. If I gave you a room to the exclusion of Englishmen, they would not like it"

That sparked the fire of independence within Tunku.
Read 12 tweets
25 Feb
I welcome everyone to read the Constitution (easily googled online).

However, in our rush & enthusiasm, sometimes it's common to arrive at a wrong/inaccurate interpretation.

Here's a crash course on d basic principles of consti interpretation for d layperson:
1. The Consti must be considered as a whole.

Don't be selective. As far as possible, ALL provisions must be considered to efectuate actual purpose of Consti.

Best eg: YDPA - on surface, he has so many powers in Consti

But read Art 40(1A): YDPA must always act on advice of PM
2. The Consti is sui generis (unique).

This means ordinary interpretation of statutes can't be used in analysing Consti.

Our πŸ‡²πŸ‡Ύ Consti stands in its own right. We r not bound to follow extraneous principles or interpretation of other countries' Consti.
Read 8 tweets
5 Apr 19
The Federal Court earlier today struck down the applicability of double presumption under the Dangerous Drugs Act 1952.

This is a landmark decision.

But what exactly is the double presumption?

This is a thread.…
2. Let's say at the airport, you were stopped by immigration. They discovered a bag of white substance in the outer pocket of your luggage bag.Β  You were shocked. You didn't know who put it there.

Drug tests later show the white substance is a few hundred grams of heroine.
3. First, there is a presumption in law that - cuz u are in custody of d white substance (heroine) - you are in "possession" of heroine and knew full well tat u carried heroine

Punishment for possession varies from a fine to life prison, depending on weight of the drug found.
Read 8 tweets

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