How should we judge a government?

In Malaysia, if you don't watch television or read newspapers, you are uninformed; but if you do, you are misinformed!

"If you're not careful, the newspapers will have you hating the people who are being oppressed, and loving the people who are doing the oppressing." - Malcolm X

Never argue with stupid people, they will drag you down to their level and then beat you with experience - Mark Twain

Why we should be against censorship in a court of law: Publicity is the very soul of justice … it keeps the judge himself, while trying, under trial. - Jeremy Bentham

"Our government is like a baby's alimentary canal, with a happy appetite at one end and no
responsibility at the other. " - Ronald Reagan

Government fed by the people

Government fed by the people

Career options

Career options
I suggest government... because nobody has ever been caught.

Corruption so prevalent it affects English language?

Corruption so prevalent it affects English language?
Corruption is so prevalent it affects English language?

When there's too much dirt...

When there's too much dirt...
We need better tools... to cover up mega corruptions.

Prevent bullying now!

Prevent bullying now!
If you're not going to speak up, how is the world supposed to know you exist? “Orang boleh pandai setinggi langit, tapi selama ia tidak menulis, ia akan hilang di dalam masyarakat dan dari sejarah.” - Ananta Prameodya Toer (Your intellect may soar to the sky but if you do not write, you will be lost from society and to history.)

Saturday, January 30, 2016

Gopal Sri Ram: A-G's discretion under Article 145 (3)

In the case of Long bin Samat decided in 1974, the Federal Court held that the attorney-general (A-G) had wide discretion to select the provision of the law under which to prosecute a person.
The pronouncement in this case has been read to affirm a wide discretion in the A-G whether to prosecute at all.
But if you look carefully at the judgment of Lord President Suffian in the case, it is clear that the Federal Court was only speaking of the A-G's wide discretion to choose the section of the law under which a person is to be prosecuted.
But in the case of Johnson Tan (1977), Suffian accepted that the discretion is not as wide as thought to be.
This is what he said: "In deciding that the A-G is not constrained by Article 8 when deciding whether or not to prosecute and if so on what charge, whether a lesser or a greater one, it must not be thought that he may act dishonestly.
"The public of whose interest he is the guardian has a right to expect him to act honestly, without fear of powerful national and local figures or of the consequences to him personally or politically, and without favouring his relatives and friends and supporters, his principal concern being to maintain the rule of law so that there will be no anarchy and to maintain standards in public life and the private sector; and if he did not do his duty honestly and properly the public would be able to show their disapproval not however in the courts but elsewhere and in the last resort by voting against the party of which he is a member."
This shows that an A-G must act honestly and that there is a legitimate interest in every member of the public that he will act honestly.
Another way of saying the same thing is that the A-G must act in good faith and must not be swayed by irrelevant considerations.
- See more at:

No comments: