GUNAVATHI A/P MURUGIAH (LEA 160)

TUTORIAL 3

1. Explain Articles:

a) Articles 5(1) and (2) Life and personal liberty

* Life and personal liberty can only be taken away in accordance with the law. If a detainee is
wrongfully detained, the judiciary has the authority to release him or her upon a complaint to the
High Court or one of its judges.

b) Article 5(3) Rights upon being arrested

* An arrested individual has the right, as quickly as possible, to be informed of the reasons for
their arrest. The arrested individual may contact a lawyer chosen by the arrested person and shall
be defended.

c) Article 5(4) and (5) Right to be released from arrested.

* If a person who has been arrested has not been freed, he or she must be brought before a
magistrate without unreasonable delay (usually within 24 hours, excluding travel time), and any
additional detention will require the magistrate's agreement.

d) Articles 6 (1) and (2) Slavery and forced labour prohibited

* No one may be held as a slave. All forms of forced labour are forbidden, however Parliament
may pass legislation mandating mandatory national service.

e) Article 7(1) Protection against retrospective criminal laws.

* No one can be penalised for what he or she did or neglected to do if it was not punishable by
law at the time the act or omission occurred. In addition, No one can face a harsher penalty for
an offence than what was stipulated by law at the time it was committed.

f) Article 7 (2) Protection against repeated trials.

* If a person is acquitted or convicted of an offence, he or she cannot be prosecuted for the same
offence again, unless the acquittal or conviction is quashed and a retrial is ordered by a court
higher than the one in which he or she was acquitted or convicted.

g) Article 8 (1) Equality under the law.

* All people are equal before the law and have the right to equal protection under the law.
h) Article 8 (2) No discrimination because of religion, race, descent, birth place or gender in
certain matters.

* A person cannot be discriminated against on account of religion, race, descent, place of origin
or gender in those categories, unless approved by the Constitution:

- Any legislation

- The appointment under public authority to any post or occupation

- To administer any law concerning the procurement, possession or disposition of property, or to

create or exercise any trade, business, occupation, vocation or employment.

i) Article 8 (4 ) No discrimination by public authority on grounds of out of jurisdiction.

* No public authority may discriminate against any person because they are residents or because
they conduct business beyond the competence of the authority.

j) Article 9(2) and (3) Freedom of movement.

* Every citizen has the freedom to freely migrate across the Federation and to reside in any area
of it. This privilege is not applicable under legislation relating to the Federation's security, public
order, public health, or the punishment of offenders. In comparison to the Malayan states, two
states are in a unique position.