Table of Contents

Definition of Administrative Law........................................................................................2

 Sim Kooi Soon v Malaysian Airline System [2005] 2 CLJ 797:...............................................................2

Purpose of Administrative Law..........................................................................................2

Government Administrative Bodies....................................................................................3

Public bodies v Private bodies............................................................................................3

Cases that define public body:.....................................................................................................3

 DPP v Manners [1978]..........................................................................................................................3
 R v Panel................................................................................................................................................3
 Tang kwor Ham v Pengurusan Danaharta Nasional Sdn Bhd...............................................................3

Case that define private body:.....................................................................................................4

 R v Disciplinary Committee of Jockey Club, ex P Aga Khan..................................................................4

Cases for Hybrid Corporation:......................................................................................................4

 OSK & Partners Sdn Bhd v Tengku Noone Aziz & Anor........................................................................4

The Malaysian Government Administrative system...........................................................5

 Definition of Administrative Law

Halsbury’s Laws of Malaysia : Administrative law is understood to mean the law relating to
the discharge of functions of public nature in government and administration.

Case of Definition of Administrative Law

 Sim Kooi Soon v Malaysian Airline System [2005] 2 CLJ 797:
Facts: The applicant in this case is a cadet pilot in the respondents company. He
operated a flight from KL to Langkawi without a load sheet, it was a mandatory
requirement for every flight to have load sheet on board. The appellant was suspended
and asked to attend non-technical inquiry. The respondent contended that the applicant
did not met the standards and requirements to be a captain again but he will still receive
a reduced basic salary and aircraft type allowance. After the board meeting they provide
in the favour of respondent that the A have not met the requirements yet. A asked the
R to install back his position, there were no response from R. A made a representation
to the Director General of Industrial Relation and they provided in the favour of R too. A
applied for JR.

Judgment: H: the company ( R ) acted justly and reasonably throughout this time. As per
the chairman’s decision it is true that there was no merit in the applicants claim for
constructive dismissal. There was also an acquiesce on the A part.

Ratio: “extraordinary original jurisdiction” of a supervisory character, with the object of

enabling the superior courts to keep the inferior tribunals within the bound of their
authority.

Principle: A branch of public law that deals with the operation of government
(administrative process). with the purpose to control the power of the public bodies.

Purpose of Administrative Law

 To ensure that the activities of government are authorised (does not go against
people’s interest)
 To ensure that bodies that carry out these duties do so in a manner that is fair and
reasonable manner. ( Ensure lawfulness of decision)
 Concerned with ensuring the tribunals, government departments and all authorities
exercising public law functions act within the perimeter of their power.
 Government Administrative Bodies

Ministries
 the highest bodies in the federal administrative machinery
 Ministry of Rural Development

Government Departments
 the second highest agencies for implementing government policies.
 Department of Orang Asli Development (JAKOA)

Statutory Bodies
 the setting up of such bodies are governed by laws, they would normally be set up
with the objective of carrying out specific duties which would be in line with the
government's objectives.
 Bank Negara Malaysia, Inland Revenue Board, and Human Rights Commission.

Public bodies v Private bodies

Definition of Public Body: It obtain it’s powers from a statute or from a subsidiary
legislation made under a statute or from a non-statute source such as the prerogative.

It obtain it’s powers from a

statute or from a subsidiary
legislation made under a
statute or from a non-
statute
source such as the
prerogative.
Cases that define public body:
 DPP v Manners [1978]
Judgment: It was held that a public body is a body which has public or statutory duties
to perform and performs those duties for the benefit of the public ONLY.

 R v Panel
Judgement: An authority which is exercising public law functions.

 Tang kwor Ham v Pengurusan Danaharta Nasional Sdn Bhd

Judgement: Danaharta nasional is a type of public body as those who is owned by the
government as the shareholder which funded entirely with public money and have
either statutory powers or duties conferred upon them. Thus JR is allowed.
Definition of Private Body : It obtain power from an agreement of those who are subject to
their jurisdiction but not from statute.

Case that define private body:

 R v Disciplinary Committee of Jockey Club, ex P Aga Khan
Judgement: The jockey Club decided to disqualify a horse from racing after it failed a
dope test is a private law made by private body, so it is not open to Judicial Review.

Definition of Hybrid Bodies: Combination of private and public bodies.

Cases for Hybrid Corporation:

 OSK & Partners Sdn Bhd v Tengku Noone Aziz & Anor
Facts: In that case, the appellant, was a stockbroker carrying on business as a member of
the Kuala Lumpur Stock Exchange. A fine of five thousand Ringgit was imposed by the
Respondent’s Committee on the appellant by virtue of Article 27 of the Respondent’s
Articles of Association, alleging that the appellant had breached certain rules of the
Stock Exchange. An application was made by the appellant against the decision of the
Committee on the grounds that the said decision was ultra vires the Committee’s power,
that there was a breach of natural justice and that it had erred in law in the application
of the said rules. At the High Court, it was decided that the Committee was not a body
against whom certiorari would lie on the grounds that (a) the Stock Exchange (and its
Committee) was essentially a private body; (b) the relationship between the parties was
strictly contractual in nature; (c) the Committee was not under any express or implied
duty to act judicially when exercising disciplinary powers and (d) the functions of the
Exchange were not in any way manifestly public in nature as it was no more than an
exclusive business club. The decision was nevertheless overturned by the Federal Court
which ordered the case to be remitted to the High Court for continued hearing of the
substantive motion for certiorari and prohibition.

Judgment: The Kuala Lumpur Stock Exchange was held to be subjectable to judicial
review. Court held that the exchange is a hybrid corporation for example a company
incorporated under the Companies Act but recognized and regulated by legislation.
Besides it was also under the control of the minister in fundamental respects, thus
manifesting a distinctive public element.

Ratio: the Exchange is a hybrid corporation ie a company incorporated under the

Companies Act but recognised and regulated by legislation and subject to its governance
and authority with therefore an element of public flavor superimposed on the
contractual element in relation to its members. It is a statutorily regulated entity under
the overall direction and control of the Minister in fundamental respects, thus
manifesting a distinctive public element.
 The Malaysian Government Administrative system

Made up of three main levels:

 Federal
 State
 District levels (Local Government)

The Federal Constitution has given extensive provisions to the Federal Government where
national administration is concerned. The administrative duties at the Federal level include
all aspect of public services such as economy, social, security and education.

Each state government has to play an important role in the proper administration of its
state.

To ensure the smooth implementation of the country's administration the Malaysian

Government has set up various agencies to carry out certain functions to enable the
government to attain its objectives.

The various government agencies are put in place for specified reasons, namely to plan,
control, assist and implement all the activities planned to attain all the national objectives.

It is not uncommon for the government to appoint officers to hold public services posts at
various levels.