TUTORIAL QUESTIONS

ADMINISTRATIVE LAW
LAW 309

Instructions:

1. Please keep your copy of these tutorial questions safely.

2. Use them productively.
3. Bring it along during tutorial classes all the time.
4. Your coursework evaluations, inclusive of your tests will be based on these
questions.

January 2008.
Thank you.

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Tutorial 1 – Controls over Administrative Actions

1. The courts can review the exercise of discretionary power by using the doctrine of
ultra vires. Explain to what extent this doctrine is effective in controlling the abuse
of power by the executive. (100 marks)
(Mar 2004)

2. The rule of nemo judex in causa sua (no man can be judge in his own cause)
could affect decisions made by public authorities to the extent that it has become
an integral part of judicial review of administrative action. (100 marks)
(Mar 2004)

3. Sue Timah is an engineer in the Kuala Tersedu Public Works Department. Her
work involves the management of projects entrusted to the department. On Friday
2 December 2003 she receives an instruction from her superior, Din Beramboi, to
attend a hearing scheduled for her on Monday 5 December 2003. The instruction
was delivered by Pandir, the office boy.

On Monday, Sue Timah attends the hearing but before she enters the room, Din
Beramboi informs her that she is to be charged for receiving RM200 from two
building contractors. Sue Timah wishes to call her colleague, Pah Bedah, to give
evidence on her behalf. However, the Disciplinary Committee rejects her request.
The Displinary Committee finds her guilty and she is fined RM500. She is also
transferred to the inventories unit. Advise Sue Timah. (100 marks)
(Mar 2004)

4. Consider the following issues and advise the relevant parties accordingly:

(a) The College Act 1990 empowers educational colleges to make regulations
imposing a fine not exceeding RM200 on students who have been found
responsible for damaging college properties. Under this provision, Murni
College made the relevant regulation that imposes on any student
responsible to pay for the costs of repair of the damaged property. Usin, a
student at the College, has been found responsible for breaking a glass
door at his residential college. The College asked Usin to pay for the costs
of the repair. Usin is not satisfied with the decision because the total cost of
repairs would cost him RM320. (30 marks)

(b) Nabalu Town Board made a bye-law that requires property owners "to
clean and decorate their properties in the months of June, July and August

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every year in conjunction with the Merdeka celebration". An action was

taken on Mayo who failed to clean and decorate his house during the
specified period last year as he was in financial difficulties. Mayo wishes to
challenge the validity of the law. (30 marks)

(c) In August 2003, Kingfisher Town Board introduced a new licensing scheme
for traders. The fees under this scheme is double the rate of the previous
one, and it is to be implemented retrospectively from 1 January 2002.
Mulan, a trader, wishes to challenge the validity of the new scheme on the
ground that her license had been revoked and she was asked to apply for a
new license. (40 marks)

(Mar 2004)

5. Joo Lee was a doctor in a government clinic. She has been working in that clinic
for almost ten years. Recently, she received a letter from the State Health
Department, alleging that she has breached the Code of Ethics of a doctor. The
Board of Inquiry notified her that a hearing will be conducted in two week's time.
Joo Lee requested that she should be given more time to prepare her case. At the
same time, she requested for more particulars of the charges against her. Both of
her requests were turned down by the Board.

At the hearing, Joo Lee attended the hearing accompanied by her counsel.
However, the Board of Inquiry did not allow her counsel to be present on the
ground that these proceedings was a domestic hearing. The Board also did not
allow her to bring in witnesses as it would delay the proceedings.

At the end of the hearing, the Board decided that the allegation made against Joo
Lee was proven. She was suspended from work for six months. Joo Lee now
wishes to challenge the decision made by the Board. Advise her. (100 marks)
(Oct 2004)

6. The Planning Act 1977 empowers the local authorities to make rules for the
effective planning in their local authority areas. Lakut Municipal Council has made
the following rules:
Rule 1: All buildings in Lakut town must be painted with Lakut corporate color
that is brown.
Rule 2: Future planning approval would only be granted for the construction of
business centres.

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Rule 3: In approving any development, priority will be given to applications

made by Bumiputra developers.
Rule 4: The decision of the Municipal Council in approving any development
may not be questioned in any court.

Due to the negligence of the council's legal officer, the rules were not published in
the Warta Kerajaan. Abu who wanted to build a factory on his land was not happy
with the above rules and wanted to challenge its validity. Advise Abu. (100 marks)
(Oct 2004)

7. The Minister of Tourism has launched a program to encourage domestic tourism.

These programmes were launched to attract more Malaysians to travel within the
country. The Minister has conferred powers to presidents of local authorities to
take the necessary steps to beautify and upgrade places of interest in their
municipal areas, which would attract tourists to visit.

The President of Kayangan Municipal Council has issued the following directives:
i) All resort operators must maintain the cleanliness within the vicinity of their
premises.
ii) All resort operators must give 50% discounts to the local people who stay
at their resorts.

Abu and Ah Chai who are owners of a resort in Kayangan Municipality are
dissatisfied with the ruling because it will cause a heavy financial burden on them.
It is known to all that Abu and Ah Chai were not on good terms with the President
because they were his political opponents. They were informed by certain
informants that the President was imposing such directives in order to save the
municipality's budget. Abu and Ah Chai intend to challenge the above directives
because they think that the President has abused his power. Advise Abu and Ah
Chai. (100 marks)

(Oct 2004)

8. Describe the modus operandi of an Ombudsman as a check against

maladministration or abuse of power. (100 marks)
(Oct 2004)

9. An ideal ombudsman must have the necessary access to government documents

in order for it to function effectively. Explain this necessity in the light of the law of
right to information available in Malaysia together with the need to have an
ombudsman operating in our country. (100 marks)

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(Mar 2005)

10. Lang Buaya is an officer in the Ministry of Finance. He is the unit leader in the
Department of Loans. Two days before the Hari Raya, Lang Buaya receives a
letter from the Disciplinary Board of the Ministry asking him to appear before an
inquiry panel concerning several loan approvals which he is alleged to have made
without his superior's consent. Lang Buaya is expected to be present for the
inquiry one week after receiving the letter. Before he went back that day, Lang
Buaya was given two sets of documents relating to his case which consisted all
the relevant evidence that the panel wanted to use against him in the inquiry. He is
also aware that the person who accused him of the allegations was Long Sahak, a
unit leader from another department.

After consulting some of his friends, Lang Buaya decided to bring his colleagues,
Pah Bedah and Ngah Jali to assist him in giving statements relating to the
allegations. After the Hari Raya, one week after Lang Buaya received the letter
from his superior, he attended the inquiry which consisted of five people including
Long Sahak. They refused to allow Pah Bedah and Ngah Jali to give statements
for Lang Buaya. Lang Buaya was suspended for six months after the inquiry. He
was quite sure that there was something wrong with the decision. Advise Lang
Buaya. (100 marks)
(Mar 2005)

11. The Trade Minister has given powers to Tiru, a Trade Ministry Director to decide
whether to cancel any business licences if found to be in breach of the 2005 Trade
and Business Act.

Tiru decided to:

a) Cancel the business licence of Popo Bhd because the CEO of Popo Bhd
had refused to marry his daughter.
b) Cancel the business licence of Joyah Enterprise because the director of
the firm refused to do business with Hang Punya Bhd in which Tiru's wife is
one of the main shareholders.

Tiru had also asked his junior officer Toing to decide on his behalf whether or not
to cancel Kang Kung Bhd's business licence because he wanted to go for a
second honeymoon in Bali. Popo Bhd, Joyah Enterprise and Kang Kung now wish
to challenge the respective decisions made against them. Advise them.
(100 marks)
(Mar 2005)

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12. Under the Private Schools Act, 2003 (fictitious) the Education Minister is
empowered to make regulations regarding the registration of private schools.

He made the following regulations:

Regulation 4: Each successfully registered private school must pay RM4,000
annually for education tax.
Regulation 6: All private schools must have their own school buses.

Mr. Sany established a private school in 2002. He was instructed by the Director of
Private Schools in the Ministry to register his private school under the Act and to
pay the education tax with effect from 2004. He must also provide school buses.

The above regulations have been enforced beginning from 1'' January 2004 and
were not tabled in the Parliament as required by the said Act. Advise Mr. Sany.
(100 marks)
(Mar 2005)

13. Melissa, a clerk in the Government Printers Department, was asked to appear
before the Department's Disciplinary Board to answer a disciplinary charge of
professional misconduct. She was alleged to have been involved in direct sale
activities during office hours. A notice of hearing was given to her three days
before the hearing. She asked for a postponement to allow her to prepare her
defence properly and appoint a lawyer but this was rejected by the Disciplinary
Board.

During the hearing she was given a copy of the investigation report. The report
specifically highlighted Melissa's past service record that for several occasions a
reprimand letter was issued to her for being absent without leave. She requested

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to cross-examine a key member of the investigation committee to know the

relevance of that report with the charge but the request was once again rejected.
About an hour after the hearing resumed, the Chairman of the Board received an
emergency call from home and got to leave the proceeding. While he was away,
the hearing was presided over by his deputy. The Chairman came back to preside
on the second day but the deputy was gone on sick leave.

At the end of the hearing, the Disciplinary Board has come to a conclusion that
Melissa was not only guilty of the charge but also guilty of being irresponsible as
evidenced by her past service record. The Board decided to dismiss her from
office. Melissa was dissatisfied with the decision and the manner in which the
Disciplinary Board conducted the entire proceedings. Applying the natural justice
principles, advise Melissa. (100 marks)
(Oct 2005)

14. Resolve the following issues and advise the parties involved accordingly:

(a) Richdar Municipal Council is authorised by the law to compulsorily acquire

at its discretion any land if it is required for the purpose of providing sport
and recreational facilities to the public. By virtue of this provision, the
Council decided to acquire a parcel of land belonged to Mr Right on the
ground that the land was required as a site for a new multi-purpose sport
and recreational complex that to be built in ten years' time. In fact the issue
was never raised up in the meeting in which the decision of the acquisition
was made. The Council took into consideration that the value of the land
would increase as a consequence of the extension of the highway nearby.
Mr Right was dissatisfied with the decision and seek your advice. (34
marks)

(b) The Licensing Board of Caraway Council is authorised by law to approve at

its discretion an application from any qualified person for a trading licence
in order to increase the household income of the poor family. On this
authority, the Board has approved an application from Mr Brown, who was
unemployed, with a condition that he must have a business partner who
can provide him with a start-up capital. Mr Brown was unable to fulfil the
requirement as such that prompted the Board to revoke his licence. He
wishes to challenge the validity of the revocation, advise him. (33 marks)

(c) Under the relevant law, the Mayor of Mount City is authorised to refer any
complaint relating to any matter he received from taxi owners to an
investigation committee, which, in turn, will carry out an investigation into

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the matter. The Express Taxi Owners' Association was unhappy with the
decision of the Public Transport Department of the City on the extra charge
on the usage of the only City's taxi public stand. The Association was not
consulted before the decision to increase the charge was made. The
Association lodged a complaint to the Mayor and requested him to refer the
complaint to the investigation committee. The Mayor refused it on the
ground that such reference could raise "wide issues" and that he would be
politically embarrassed if he did so. The Association wishes to challenge
the Mayor's decision and seeks your advice. (33 marks)
(Oct 2005)

15. The courts play an important role in implementing the control-mechanism over
subsidiary legislation. With reference to relevant legal provisions and decided
cases, discuss the grounds on which the courts discharge this role. (100 marks)
(Oct 2005)

16. Samat is a security guard at Maya Supermarket. He has been working there for
ten years. Before he joined the company, he was an army officer. On 6th December
last year, he received a letter from the management that he has to attend a
disciplinary proceeding for his poor performance. He is required to present himself
on 8th December 2005. Samat requested that he should be given more time to
prepare his case but his request was rejected.

At the hearing, he was informed that the management had received several
reports complaining that he was always asleep while on duty. He asked for the
reports in detail but the committee members maintained that the reports were
confidential. His request to bring his friend along to give evidence on his behalf
was rejected.

The hearing was conducted by a disciplinary committee chaired by Abu, his former
landlord. They had not been in good terms with each other because Abu had
accused him of stealing some property from the house when Samat was a tenant
two years ago. At the end of the hearing, the committee decided that the
allegations against him were proven. The committee also referred to his past
records as an army officer before finally deciding his case. He was dismissed with
one month's notice.

Samat, who is dissatisfied with the dismissal, wishes to challenge the decision.
(100 marks)
(Mar 2006)

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17. Under the Local Government Act 1976 a local authority may make subsidiary
legislation for vehicle parking lots within its local jurisdiction during working hours.
The law also provides that the local authority may impose charges at reasonable
rates on motorists. A fine will be imposed on those who failed to pay such parking
rates.

In implementing the provisions of the law, Hill Top Municipal Council made the
following provisions in the council's Motor Vehicle Parking Lots and Charges
Bye-laws 2006, which provides that:
(a) those who use the Council's parking lots shall pay a minimum charge of
RM5 for a single parking lot not exceeding a half hour's duration, or pay a
flat rate of RM2.50 for every hour's parking;
(b) A motorist who fails to pay the parking charge shall pay a fine of RM50,
and in addition, he shall pay a surcharge of RM100 for default;
(c) The council's working hours for this purpose is to be from 8.00 a.m. in the
morning until 8.00 p.m. everyday, including Saturday and Sunday; and
(d) The council's enforcement staff are entitled to 30% discount for the use of
any of the parking lots.

On Sunday 8th January, 2006, Tom refused to pay a parking charge as he stopped
for a while only at a shop to buy bread. When he refused to pay, his vehicle was
compounded and he had to pay a hefty fine of RM100 to regain possession. Tom
is not satisfied with the bye-law and wishes to challenge its legality. Advise Tom.
(100 marks)
(Mar 2006)

18. The Trading Licensing Act 2005 (fictitious) confers power on all local authorities for
the licensing of traders. The objects of the Act are to ensure that traders have
equal opportunity to operate their business.

The City Council of Kota Ledang (CCKL) made the following resolutions in respect
of traders and their activities in Kota Ledang:
(a) Sabrina's licence was cancelled by CCKL after the council discovered that
she had two more similar business operations in the area. Sabrina is a
chicken rice trader for almost five years and her business had been popular
with the people of Kota Ledang;

(b) The CCKL granted a trading licence to Sakinah to sell clothes at night
markets in the vicinity after she agreed to sell children's clothes only. This
agreement was reached when CCKL informed Sakinah that there were too

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many clothes traders in Kota Ledang and they desired to provide an even
distribution of traders in the area; and

(c) Azman, who applied for a licence to trade in toys, was granted by the
CCKL a licence to trade in shoes. Their reason was mainly due to the fact
that the Minister of Health had launched a campaign for school children to
spend more time playing outside their houses rather than staying indoors.
This decision was based on a survey that revealed that school children
between the ages of seven and twelve spent more time playing with toys
rather than playing outside their houses.

Advise the affected individuals respectively as to their rights in challenging the

actions taken by CCKL. (100 marks)
(Mar 2006)

19. The Ombudsman is said to be suitable in democratic countries where the citizen
are aware of their individual rights.

Discuss the truth of this statement, taking into account the factors that led to the
establishment of an Ombudsman, its modus operandi and provide one example of
a country which implements this system. (100 marks)
(Mar 2006)

20. The Majlis Perbandaran Bandar Terbalik (MPBT) employs about 200 staff in the
local authority. Semonel has been the building inspector of MPBT for almost
twenty years. Whilst talking to Pak Semput, the MPBT senior clerk, Semonel
discovered that he was about to be brought to the disciplinary committee for a
charge unknown to him. This was as a consequence of a written complaint to the
Majlis Yang Di Pertua by several members of the authority's staff.

Two hours later Pak Semput approached him and told him orally of the charge
against him and that he had to attend to a hearing in two week's time. From what
Pak Semput told him, Semonel was of the impression that he was to be charged
for approving projects he knew to be hazardous to the people and environment as
a whole.

On the day of the hearing, Semonel came with three witnesses who could testify
on his behalf and documents including those given to him by MPBT was produced.
After the charge was read to him, Semonel tried to contest the charges because
he had been told that he was to be charged for fabricating some reports relating to
the building inspections he had conducted. The hearing was continued, despite of

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his objections and subsequent request to postpone the case was rejected by the
Chairman of the Disciplinary Committee.

Semonel was not allowed to cross examine witnesses who testified on behalf of
the Majlis on the ground that he had not made such request in advance.
After considering all the evidence and listening to Semonel's witnesses, the Board
decided to suspend Semonel from work for two months and his salary be reduced
by RM200.

Advise Semonel whether he has any rights against MPBT for his suspension from
service and the reduction in salary? (100 marks)
(Oct 2006)

21. The Environmental Quality Act empowers State Directors of Environment to make
rules and regulations necessary to protect the environment and wildlife. In 1989,
as a result of common awareness of the likely extinction of the dugong species,
the Minister of Environment issued a directive that the State Directors are required
to come up with proposals for drawing up regulations that would enable them to
preserve and protect the animal. As a result new regulations were duly gazetted.

The regulations provided that:

(a) Any individual who goes fishing must obtain a permit from such Directors;
(b) That boat owners must attend on-going courses on dugong habitat and
behaviour;
(c) That fees will be prescribed for undergoing such courses; and
(d) That the State Directors may prevent the operation any boat if he is of the
opinion that it is proper to do so and that his decision is final and cannot be
challenged in any court of law.

The Boat Owners Association seeks your advice and wishes to challenge the
validity of such rules. (100 marks)
(Oct 2006)

22. Under the Local Government Act 1976, the Yang Di Pertua of Majlis Daerah Orkid
may revoke a trading licence issued to any person trading within the Majlis'
jurisdiction. The authority is exercisable if the Yang Di Pertua is satisfied that the
licence holder has violated any relevant provision of the law and had been
convicted in court in relation to such law.

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In relation to this, some licence holders who had their licences revoked, are not
satisfied with the decisions made by the Yang Di Pertua, O.K.K. Sindumin, for the
following reasons:
(a) Brandon's trading licence has been revoked upon his conviction in court for
a Traffic offence;

(b) Rita complained that her trading licence was revoked because O.K.K.
Sindumin wants to take revenge on her for being his business rival a few
years ago;

(c) Jamal complained that his trading licence has been revoked following a
row made in public with the Minister of Town and Country Planning during a
cleanliness campaign launched by the Minister; and

(d) Lokman's trading licence has been revoked upon a complaint that he
cannot speak at least one foreign language as required under the licencing
regulations.

Brandon, Rita, Jamal and Lokman wish to challenge the decisions made and seek
your advice. (100 marks)
(Oct 2006)

23. The lmmigration Department of Ulu Nun made several decisions regarding
applications for passports under the Immigration and Passports Act 2000
(fictitious). The Act empowers Passport Officers to suspend, revoke, reject or
accept any application for passports applied by Malaysians.

The Passport Officer, Ahmad Murad made the following decisions:

(a) Ah Cun Nya applied for a passport to visit relatives in China. Her
application was rejected because her ancestors were not Malaysian
although she was born and has spent all her life in Malaysia.

(b) Gayah's passport was suspended for six months because it was found that
she has been out of the country for more than twenty times in a three
month period. It is understood that she has business activities in many
countries including the United Kingdom and the United States. Her
passport was suspended in order to prevent the loss of Malaysian currency
overseas.

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(c) Rika Sumanto's passport was revoked because she is 65 years old. Ahmad
Murad considers that her health record indicates that she is not fit to travel
abroad and her doctor has advised her against travelling in her best
interest.

Advise Ah Cun Nya, Gayah and Rika Sumanto whether they could individually
challenge the decisions made by Ahmad Murad. (100 marks)
(Mar 2007)

24. The Environmental Quality Act 2006 (fictitious) empowers a local authority to make
regulations in ensuring cleanliness of the environment in residential areas within
jurisdiction.

The Selama District Council (SDC) made the following regulations to prohibit open
burning requiring all rubbish and waste materials to be burnt and processed at its
own processing plant.

(a) Under Regulation 2, a monthly fee of RM200 will be charged to every

resident for such a service.
(b) Regulation 3 provides that residents are required to attend a three-month
course for the purpose of understanding environmental issues and
protection.
(c) Regulation 4 provides that the rules and regulations made under the Act
cannot be challenged in any court of law.

Advise the residents of SDC as to the grounds on which they could challenge the
validity of the above regulations. (100 marks)
(Mar 2007)

25. Majlis Daerah Bandar Dirajo (MDBD) has been busy raiding and arresting pirated
VCD and DVD vendors in shop houses and night market areas. Unfortunately in
most Instances the enforcement officers have been unsuccessful due to inside
information provided to the vendors by informers within the authority.

En. Mokhtar, the Yang di Pertua of the Majlis was informed that Mahmud, a clerk
from the enforcement department of the authority had been tipping off those
vendors before any raid is conducted. Mahmud had apparently been a consistent
and efficient member of the staff.

In another raid, the enforcement officers again failed to obtain any fruitful results.
On the afternoon before the evening raid, Mahmud's colleague Ahmad had heard

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him call someone named "Muthu" in relation to "operasi musang" (the name of the
failed raid). When En. Mokhtar came to know about this through Ahmad, the
former barged into Mahmud's office, immediately scolded him and told him to see
the Secretary of the Majlis immediately. The secretary of the Majlis is En.
Marimuthu. On meeting En. Marimuthu, Mahmud was told that he had to attend a
disciplinary board proceeding the following day. At the disciplinary board hearing,
Mahmud objected to the time given for him to defend his case.

During the hearing, his request to call his friend to give evidence and to be allowed
to cross-examine Ahmad when he gave evidence were rejected by the board. The
disciplinary board then decided to terminate his services. Mahmud was given a
one month's notice of dismissal. Advise Mahmud as to any ground on which he
may challenge the dismissal.
(100 marks)
(Mar 2007)

26. Explain the background and objectives for the establishment of the Public
Complaints Bureau. What are the main weaknesses of the Bureau as compared to
the Ombudsman system. (100 marks)
(Mar 2007)

27. Mamat has been working as a mechanic in the Jabatan Kerja Raya Workshop
Daerah Kuala Ketil. His work has been confined to repairing motor vehicles owned
by the department. Occasionally he does maintenance work for the Mercedes
owned by Mualim the district engineer who is the head of department. Mamat had
been frequently absent on Mondays which the department condoned by deducting
from his annual leave entitlement.

On 24th April, 2007 while Muthu was doing maintenance work on the Mercedes
owned by Mualim, he did not repair properly the brakes that was then quite
defective. Subsequently Mualim, while driving his car had an accident, which
landed him in hospital for several days.

The JKR received a letter from the Director of Islamic Religious Affairs stating that
Mamat was alleged to have been involved in a deviationist Islamic religious
movement which is under investigation by the religious department.

On 1" June Mamat was given a letter to attend a disciplinary proceeding indicating
that he had been negligent and incompetent in his work. The disciplinary board sat
on 15" June and after a short proceeding where Mualim acted as Chairman of the
board read the charges and later read the letter from the religious department

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(without giving a copy of the letter to him). Mamat objected that the allegations
were not true and asked for the details of incidents and specific instances of
negligence and incompetency. He also asked for a copy of the letter from the
religious department. His objections and request for a copy of the letter were
turned down and he was given a one month's notice of termination of service.
Advise Mamat. (100 marks)
(Oct 2007)

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28. The Environmental Quality and Control Act 2005 (fictitious) empowers local
authorities to make bye-laws for monitoring and controlling any act or activity that
may cause serious impact to the quality of health and environment within their
respective territorial jurisdictions. The Act also provides that such bye-law needs
prior approval by the Minister of Science Technology and Environment before its
enforcement.

The Bintang bulan District Council, by virtue of the Act made the Good Health and
Quality Bye-Law 2006, which provides, inter alia, as follows:
Rule 10: Any registered owner of land will be held responsible if open burning
occurs on such land, notwithstanding that such incidents took place
without his knowledge or actual authority.
Rule 15: Industrial and business premises that are being found to discharge
untreated waste are deemed to commit an offence under the parent
act. The President of the council may order such premises to be
sealed-off and business licence revoked with immediate effect.
Rule 18: Any application for land develop merit by the land owner is permitted on
the certification of viability and safety of such project on the
environment by the council's Inspector of Health and Environment. The
certification services rendered will be subject to a charge to be
determined by the inspector.

It was subsequently discovered that the legal adviser failed to submit the bye-law
to the Minister for his approval. Discuss the validity of such bye-law. (100 marks)
(Oct 2007)

29. The Kuala Terkehel Welfare Department (KTWD) has been entrusted under the
Socioeconomic Restructuring Act 2004 (fictitious) for the socio-economic
restructuring of society with wide powers of enforcement for the general
improvement and welfare of the people in alleviating poverty of the people.

Pak Jojo who is a rubber tapper is appointed as an office assistant in KTWD. He

was required to surrender his rubber smallholding of 4 acres which will be
developed into a recreational area and he will be compensated under the relevant
law. Pak Jojo subsequently discovered that the land was subsequently leased to
Rempit, the KTWD President's nephew that he could tap the rubber where its
market price has increased tremendously.

Mak Mok is required to attend a six month's course in tailoring at the Higher
Vocational Training Institute in Kuala Lumpur. As a local tailor she gains at least
RM5,000 per month which she considers sufficient for her vocation and refuses to

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attend the course. KTWD communicated to her that if she fails to undertake the
course her tailoring licence will be revoked and the shop closed for business.
Cik Tom applied for a licence to sell keropok lekor in front of her house. Her
application was refused because she had a chemical engineering degree which
would enable her to work in an entirely different profession. In spite of her earlier
indication to the department that she only wished to work in the chemical
engineering profession later she was still refused the licence. Advise the parties as
to their respective rights under the law. (100 marks)
(Oct 2007)

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Tutorial 2 – Administrative Adjudication

1. Discuss the need for administrative tribunals in the modern age and outline the
composition and functions of a particular tribunal. (100 marks)
(Mar 2004)

2. Evaluate the role of administrative tribunals in resolving administrative disputes.

Do you consider that such tribunals are relevant in Malaysia today? (100 marks)
(Oct 2004)

3. The growth of administrative tribunals reflects the need for alternative dispute
resolutions forums instead of the courts. Discuss this statement in relation to the
factors that lead to the formation of tribunals, their jurisdiction and the applicable
procedures. (100 marks)
(Oct 2005)

4. What are the factors that contributed to the establishment of administrative

tribunals in Malaysia? Describe their structure and characteristics. Do you think
that the establishment of such tribunals have achieved their objectives?
(100 marks)
(Oct 2006)

5. Nowadays the courts have lost the monopoly of deciding disputes and need to
share the task with administrative tribunals. Discuss the above statement and give
examples as to their functions and jurisdiction in Malaysia.(100 marks)
(Oct 2007)

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Tutorial 3 – Remedies /
Judicial Controls over Administrative Actions

1. State the purpose, principle and relevant case law on the following remedies:

(a) Mandamus (50 marks)

(b) Declaration (50 marks)

(Mar 2004)

2. Habeas Corpus is a writ for the release of individuals from unlawful detention. To
what extent can this remedy secure the release of a person who has been under
police custody? (100 marks)
(Oct 2004)

3. The judge in the case of Moo Ng v Kiwi Sdn Bhd Products Sdn Bhd Johor & Anor.
[1998] 3 CLJ 475 mentioned in his judgement that "...certiorari is expanding in its
scope. Not only can certiorari be issued to a body which determines the rights of
the people..."

In the light of the above statement, explain the purpose of the remedy of certiorari
and the situations in which it can be issued. (100 marks)
(Mar 2005)

4. If an individual is unlawfully detained, the writ of habeas corpus may be sought to

challenge the legality of the detention. Discuss the grounds in which the court has
to consider before it can issue the writ to the applicant. (100 marks)
(Oct 2005)

5. Write short notes on any TWO of the following remedies:

(a) Injunction (50 marks)

(b) Mandamus (50 marks)
(c) Declaration (50 marks)

(Mar 2006)

6. Just as the scope of certiorari has been extended to administrative authorities, so

also with prohibition. It is available to prohibit administrative authorities from
exceeding their powers, or misusing them. In particular, it can prohibit a licensing

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LAW 309

authority from making rules or granting licences which permit conduct that is
contrary to law" per Lord Denning in Regina v Greater London Council [1976] 1
W.L.R. 550.

With reference to the above statement, discuss the meaning of certiorari and
prohibition respectively and the grounds upon which the respective remedy is
issued. (100 marks)
(Oct 2006)

7. Article 5(1) of the Federal Constitution provides that, "No person shall be deprived
of his life or liberty save in accordance with law".

With reference to the above article and decided cases, discuss the matters which
the courts have to consider before a writ of habeas corpus can be issued to an
applicant. (100 marks)
(Mar 2007)

8. When discretion is vested in an authority by law and it does not exercise such
authority accordingly, or abuses the discretion vested in it, mandamus can be
issued ordering the concerned authority to exercise its discretion properly in
accordance to law. Discuss the principles and conditions applicable before
mandamus may be issued by the court. (100 marks)
(Oct 2007)

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 TUTORIAL QUESTIONS
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Tutorial 4 – Government’s Liability

1. (a) Pak Bidin owns five hectares of land in Teluk Tembaga. He is

approached by Mat Top, an officer from the Teluk Tembaga City Council
who explains to him that the council wishes to buy two hectares of his land
for development purposes. Pak Bidin agrees with the offer. Pak Bidin and
Mat Top signs the contract for the sale of the land. Later that week, Pak
Bidin receives a call from the council saying that they have decided not to
buy his land. Advise Pak Bidin. (40 marks)

(b) Discuss the nature of government liability in tort. (60 marks)

(Mar 2004)

2. With reference to the relevant sections of the Government Proceedings Act 1956,
discuss the extent to which the government is liable for the negligence and
wrongful acts committed by its officers. (100 marks)
(Oct 2004)

3. While cycling to a nearby shop in the Batu Dua Army Camp, Yop Leman was hit by
a Land Rover driven by Captain Hairi, an army officer stationed in that camp. He
suffered serious leg injury and a broken rib. At the same time, Captain Lobo, a
colleague of Captain Hairi who was walking near Yop Leman was also injured
while trying to escape from being hit by Captain Hairi. He fell into a deep drain and
broke both his legs. Apparently, Captain Hairi was on his way to his office to collect
some documents before going to a meeting in Kuala Lumpur. Advise both Yop
Leman and Captain Lobo as to their rights against the government, if any. (100
marks)
(Mar 2005)

4. (a) Sergeant Mote wishes to claim his medical cost for the accident he
sustained while he was under going a drill routine where a rifle belonged to
another member of the team had accidentally gone off injuring badly his left
arm. In light of the Government's liability for injuries sustained by a member
of the armed forces as provided in the Government Proceedings Act 1956,
advice Sergeant Mote. (40 marks)

(b) Discuss the provisions in the Government Proceedings Act 1956 in relation
to the Government's liability in tort for any wrongful act done, neglect or
default committed by any public officer. (60 marks)

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(Oct 2005)

5. (a) Ahmad and Sakri are employed by the Fisheries Department in Port
Dickson. Both were directed to attend a course in Kuala Lumpur. They
traveled in a departmental car driven by Bashir. Due to Bashir's negligence,
the car was involved in an accident.

Both Ahmad and Sakri were hospitalized but Bashir escaped unhurt.
Ahmad suffered only minor injuries. Sakri had to undergo surgery because
of a fracture on his leg. After the surgery, Sakri complained of pain in his
fractured leg. On further examination it was revealed that the pain was
caused by a surgical needle that was left in his leg on the previous
operation which resulted in a second surgery. Both Ahmad and Sakri want
to sue the government for damages.

Discuss the government's liability in the above cases. (70 marks)

(b) Article 69 (I) of the Federal Constitution provides that the Government may
hold, acquire or dispose of property and enter into contracts.

Discuss the above provision with reference to the Government's liability in

contracts. (30 marks)

(Mar 2006)

6. Determine governmental liability in the following circumstances:

(a) Mat Square issued his personal cheque to pay for the deposit for land
bought on behalf of the State Government of Melaka to the value of
RM200,000. Subsequently due to tight budget constraints the state
government decided to withdraw from the agreement. (25 marks)

(b) Tenma who works as a Director in the Ministry of Education (MOE)

contracted Som Pack Sdn Bhd, a computer company for the purchase of
20 computers for the MOE at a price of RM40,000. However, he was not
authorized in writing to carry out the task. The computers were apparently
not in accordance to the ministry's required specifications. (25 marks)

(c) Par Akop was injured when a government car driven by Atraman, a driver
employed by the agriculture department, knocked him down while he was

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LAW 309

standing by the road side looking after his cows grazing nearby. Atraman
was on his way from his place of work in Sepang to deliver documents to
the Putrajaya headoffice following instructions from his superior when the
accident happened. (50 marks)

(Oct 2006)

7. (a) What are the respective rules of liability of the Government relating
to injuries inflicted while in service, either in military vehicles or in premises
owned by the armed forces? What is the effect of any possible claim
against the Government, if a certificate has been issued by the Minister of
Finance stating that the injured personnel would be regarded as entitled to
disbursements as a result of injuries sustained while in the service of the
Armed Forces? (50 marks)

(b) Discuss the effects of sections 5 and 6 of the Government Proceedings Act
1956 as regards the tortious liability of the Government. (50 marks)

(Mar 2007)

8. (a) Syarikat Gayabumi, a food supplier, had been awarded a contract to

supply chicken and eggs for the Gaya Teachers Training College, a
teachers college in Kudat for the duration of 24 months. During the 18th
month of the contract period, there was a shortage of chicken. Jainol, the
manager of Gayabumi, managed to obtain consent from the Warden of the
college that the price of chicken be increased by 4 percent and for eggs by
2.5 percent. The office of the Accountant General refused to pay the
increased prices on the ground that it was unauthorised at the material time
since at the time only the incident of shortage of chicken had occurred.
Advise Jainol as to the extent of his rights under the law. (50 marks)

(b) In litigation between the Government and private individuals the

Government enjoys the privilege of refusal for the production of documents
in its possession on certain grounds. Discuss the basis of such secret and
privileged documents applicable in Malaysia. (50 marks)

(Oct 2007)

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Tutorial 5 – Right to Information

1. A transparent government ensures public confidence and governmental credibility.

Discuss this in the light of the right to information from the government in Malaysia.
(100 marks)
(Mar 2006)

2. In an age of free access to information to members of the public, discuss whether

access to information is a reality in Malaysia. (100 marks)
(Mar 2007)

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Tutorial 6 – Public Undertaking / Corporation

1. Classify the various types of public enterprises in Malaysia. (100 marks)

(Mar 2004)

2. Explain the factors leading to the growth of public corporations and its
mechanisms of control. (100 marks)
(Mar 2005)

3. Define and discuss the classification of public enterprises in Malaysia, the reasons
for their growth, their legal entity and the control over such bodies. (100 marks)
(Oct 2005)

4. The establishment of public corporations in Malaysia has become part of

governmental activity in recent years. Explain with reference to specific
corporations the reasons for their establishment and the mechanism of control
over such corporations. (100 marks)
(Oct 2006)

5. The functions of the government has been enhanced to that of establishing public
enterprises in performing modern economic restructuring policies thus creating
new avenues of governmental responsibility. By referring to particular public
enterprises describe their nature and legal structure. (100 marks)
(Oct 2007)

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ADMINISTRATIVE LAW
LAW 309

FINAL EXAMINATION QUESTIONS - TOPICS COVERAGE

SEMESTER
CHAPTER/
TOPIC Oct Mar Oct Mar Oct Mar Oct
Mar 2004
2004 2005 2005 2006 2006 2007 2007

Natural Justice

Subsidiary
Legislation

Discretionary
Power

Ombudsman

Tribunal

Remedies

Government’s
Liabilities

Right To
Information

Public
Undertakings/
Corporations

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