Scribd Logo
Upload

Welcome to Scribd!

  • 83 views

    Fundamental Liberties: Article 9

    Uploaded by

    HAZEL LEELA A P RICHARD
    Article 9 of the Malaysian Constitution guarantees freedom of movement within Malaysia and prohibits banishment from the country. It reflects internationally recognized human rights to freedom of movement. However, the rights under Article 9 are subject to certain exceptions and restrictions related to security, public order, health or crime. Specifically, the states of Sabah and Sarawak have more control over immigration and can restrict internal movement from other Malaysian states due to their special status under the Constitution. The courts have affirmed that the immigration laws of Sabah and Sarawak can override the general freedom of movement provided by Article 9.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    Fundamental Liberties: Article 9

    Uploaded by

    HAZEL LEELA A P RICHARD
    83 views8 pages
    Article 9 of the Malaysian Constitution guarantees freedom of movement within Malaysia and prohibits banishment from the country. It reflects internationally recognized human rights to freedom of movement. However, the rights under Article 9 are subject to certain exceptions and restrictions related to security, public order, health or crime. Specifically, the states of Sabah and Sarawak have more control over immigration and can restrict internal movement from other Malaysian states due to their special status under the Constitution. The courts have affirmed that the immigration laws of Sabah and Sarawak can override the general freedom of movement provided by Article 9.

    Original Description:

    m

    Original Title

    Article 9

    Copyright

    © © All Rights Reserved

    Available Formats

    PPTX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Article 9 of the Malaysian Constitution guarantees freedom of movement within Malaysia and prohibits banishment from the country. It reflects internationally recognized human rights to freedom of movement. However, the rights under Article 9 are subject to certain exceptions and restrictions related to security, public order, health or crime. Specifically, the states of Sabah and Sarawak have more control over immigration and can restrict internal movement from other Malaysian states due to their special status under the Constitution. The courts have affirmed that the immigration laws of Sabah and Sarawak can override the general freedom of movement provided by Article 9.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    83 views8 pages

    Fundamental Liberties: Article 9

    Uploaded by

    HAZEL LEELA A P RICHARD
    Article 9 of the Malaysian Constitution guarantees freedom of movement within Malaysia and prohibits banishment from the country. It reflects internationally recognized human rights to freedom of movement. However, the rights under Article 9 are subject to certain exceptions and restrictions related to security, public order, health or crime. Specifically, the states of Sabah and Sarawak have more control over immigration and can restrict internal movement from other Malaysian states due to their special status under the Constitution. The courts have affirmed that the immigration laws of Sabah and Sarawak can override the general freedom of movement provided by Article 9.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    You are on page 1of 8

    Fundamental Liberties :

    Article 9
    Introduction
    • Article 9 is on prohibition of banishment
    and freedom of movement
    • Therefore freedom of movement in
    Malaysia is constitutionally guaranteed
    and regarded as part of Human Rights
    • What is Banishment?
    Article 9 vs UDHR
    • Under UDHR freedom of movement is protected
    under Article 13 of the UDHR
    • Universally recognized
    Article 13.
    (1)Everyone has the right to freedom of movement
    and residence within the borders of each state.
    (2)(2) Everyone has the right to leave any country,
    including his own, and to return to his country.
    Article 9 vs ECHR
    • Interestingly, Part I of ECHR does not expressly
    stipulates the rights for Prohibition of Banishment and
    Freedom of Movement.
    • However it is mentioned in Protocol 4 to the Convention
    for the Protection of Human Rights and Fundamental
    Freedoms, securing certain rights and freedoms other
    than those already included in the Convention and in the
    first Protocol ; where provides;
    – Article 2 provides for a right to freely move within a country once
    lawfully there and for a right to leave any country.
    – Article 3 prohibits the expulsion of nationals and provides for the
    right of an individual to enter a country of his or her nationality.
    – Article 4 prohibits the collective expulsion of foreigners.
    Article 9
    Prohibition of banishment and freedom of movement

    9. (1) No citizen shall be banished or excluded from the Federation.


    (2) Subject to Clause (3) and to any law relating to the security of
    the Federation or any part thereof, public order, public health, or
    the punishment of offenders, every citizen has the right to
    move freely throughout the Federation and to reside in any
    part thereof.
    (3) So long as under this Constitution any other State is in a
    special position as compared with the States of Malaya,
    Parliament may by law impose restrictions, as between that State and
    other States, on the rights conferred by Clause (2) in respectof
    movement and residence.
    Article 9
    • Rationale of the provision was explained by Raja Azlan
    Shah J in Assa Singh;

    “Reading the provisions of Article 9 together, it is


    reasonably clear that it was designed primarily to
    emphasise the factual unity of the Federation and to
    secure the right of a free citizen to move from one
    place to one place in the Federation and to reside in
    any part thereof. In short, the object of Article 9, is to
    remove all internal barriers in the country and to make it
    a dwelling place of all citizens.”

    • These rights are nevertheless limited and are subject to


    any laws relating to security, public order, public health or
    the punishment of offenders.
    Article 9
    • The Court explained the exceptions to the provision in
    relation to the position of the Borneo States in Dato Syed
    Kechik bin Sayed Mohamed v Government of Malaysia.
    • In the case of Dato Syed Kechik, a person born in Kedah
    was afraid that he may be expelled from Sabah. Lee Hun
    Hoe CJ (Borneo) held : “Article 9…is…subject to the
    special provisions of the immigration laws relating to the
    two Borneo states. In so far as immigration is concerned,
    the Borneo tates have full control…The Immigration Act,
    1963, which gives each of the Borneo States wide
    powers to control entry into and residence in the State
    can only as, as to these provisions, be changed with the
    concurrence of the State concerned… The Borneo
    States are, with certain exceptions, permitted to treat an
    ordinary Malaysian from peninsular Malaysia seeking
    Article 9
    • Further being elaborated in Pihak Berkuasa Negeri
    Sabah v Sugumar Balakrishnan where the respondent
    served a cancellation of entry into the state of Sabah
    under Immigration Act 1959/1963.
    • The court held that, Part VII of the Act was merely giving
    effect to agreement relating to Malaysia 1963.
    • Although Article 9(2) gives the right to move freely
    throughout Malaysia and to reside in any part thereof
    such a right is a subject to restriction under Art 9(3). –
    since Sabah and Sarawak have special privileges
    protected under Constitution.

    You might also like