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Federal Constitution- Part 5

1. The words "Federal Court or of a High Court" were substituted for "Supreme Court" by Act 26/1963, section 70, in force from 16-9-1963. Subsequently, subsection 18(2) of Act A566, in force from 1-1-1985, provides that a reference to the Federal Court shall now be construed as a reference to the Supreme Court.

2. The words "Federal Court, of the Court of Appeal" substituted for the words "Supreme Court" by Act A885, section 32, in force from 24-6-1994.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/143.Conditions of service of members of Commissions

143. Conditions of service of members of Commissions

(1) Save as provided under Clause (2) of Article 142, a member of a Commission to which this Part applies, other than an ex officio member--

(a) shall be appointed for a term of five years or, if the Yang di-Pertuan Agong, acting in his discretion but after considering the advice of the Prime Minister, in a particular case so determines, for such shorter term as he may so determine;

(b) may, unless disqualified, be reappointed from time to time; and

(c) may at any time resign his office but shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court. 

(2) Parliament shall by law provide for the remuneration of any member of the said Commission other than a member for whose remuneration as holder of any other office provision is made by federal law; and the remuneration so provided shall be charged on the Consolidated Fund.

(3) The remuneration and other terms of office of a member of a Commission to which this Part applies shall not be altered to his disadvantage after his appointment.

EXPLANATORY NOTES:

Article 143(1):

The words "Save as provided under Clause (2) of Article 142, a" were substituted for the word "A" at the beginning of the Clause by Act A514, section 12, in force from 15-5-1981.

Article 143(1)(c):

1. The words "Federal Court" were substituted for "Supreme Court" by Act 26/1963, section 70, in force from 16-9-1963. Subsequently, subsection 18(2) of Act A566 in force from 1-1-1985 provides that a reference to the Federal Court shall now be construed as a reference to the Supreme Court.

2. The word "Federal" substituted for the word "Supreme" by Act A885, section 33, in force from 24-6-1994.

Article 143(2):

1. See Article 146c(2).

2. See Service Commissions Act 1957 [Act393].

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/144.Functions of Service Commissions

144. Functions of Service Commissions

(1) Subject to the provisions of any existing law and to the provisions of this Constitution, it shall be the duty of a Commission to which this Part applies to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer and exercise disciplinary control over members of the service or services to which its jurisdiction extends.

(2) Federal law may provide for the exercise of other functions by any such Commission.

(3) The Yang di-Pertuan Agong may designate as special posts any post held by the head or deputy head of a department or by an officer who in his opinion is of similar status; and the appointment to any post so designated shall not be made in accordance with Clause (1) but shall be made by the Yang di-Pertuan Agong on the recommendation of the Commission whose jurisdiction extends to the service in which the post is held.

(4) The Ruler or Yang di-Pertua Negeri of a State may designate as special posts any posts in the public service of his State held by the head or deputy head of a department or by an officer who in his opinion is of similar status; and the appointment to any post so designated shall not be made in accordance with Clause (1) but shall be made by the Ruler or Yang di-Pertua Negeri on the recommendation of the Public Services Commission (or, if there is in the State a State Public Service Commission, on the recommendation of that Commission).

(5) Before acting, in accordance with Clause (3) or (4), on the recommendation of the Commission therein mentioned--

(a) the Yang di-Pertuan Agong shall consider the advice of the Prime Minister; and

(b) the Ruler or Yang di-Pertua Negeri shall consider the advice of the Chief Minister of his State, and may once refer the recommendation back to the Commission in order that it may be reconsidered.

(5a) Save as provided in Clause (5B), federal law and, subject to the provisions of any such law, regulations made by the Yang di-Pertuan Agong may, notwithstanding the provisions of Clause (1) of Article 135, provide for the exercise by any officer in a service to which the jurisdiction of a Commission to which this Part applies extends, or by any board of such officers, of any of the functions of the Commission under Clause (1):

Provided that--

(a) no such law or regulation may provide for the exercise by any such officer or board of officers of any power of first appointment to the permanent or pensionable establishment, or of any power of promotion (other than promotion to an acting appointment); and

(b) any person aggrieved by the exercise by any such officer or board of officers of any power of disciplinary control may appeal to the Commission within such time and in such manner as may be prescribed by any such law or regulations, and the Commission may make such order thereon as it may consider just. 

(5b) (i) Notwithstanding the provisions of Clause (1) of Article 135 and Article 139 and Article 141A, all the powers and functions of the Public Services Commission or the Education Service Commission established under Article 139 and Article 141A, other than the power of first appointment to the permanent or pensionable establishment, may be exercised by a board appointed by the Yang di-Pertuan Agong.

(ii) Any person aggrieved by the exercise by the board of any of the aforesaid powers or functions may appeal to an Appeal Board appointed by the Yang di-Pertuan Agong.

(iii) The Yang di-Pertuan Agong may by regulations provide for matters relating to the appointments of the members of, and the procedure to be followed by, the board or the Appeal Board under this Clause.

(iv) Where the Yang di-Pertuan Agong has appointed the board under paragraph (i) of this Clause for the purpose of exercising any of the powers or functions referred to under that paragraph, such power or function shall so long as it remains a power or function to be exercised by the board, cease to be exercisable by the said Commission. 

(6) A Commission to which this Part applies may delegate to any officer in a service to which its jurisdiction extends, or to any board of such officers appointed by it, any of its functions under Clause (1) in respect of any grade of service, and that officer or board shall exercise those functions under the direction and the control of the Commission.

(6a) In respect of members of the general public service of the Federation who are employed in posts ancillary to the armed forces or any of them or to the police force, or in respect of any grade of members of that service who are so employed, functions of the Public Services Commission may, under Clause (5A) or (6), be made exercisable by an officer or board of officers of the armed forces or police force, as the case may be, as if he or they were members of the general public service of the Federation.

(7) In this Article "transfer" does not include transfer without change of rank within a department of Government.

(8) A Commission to which this Part applies may, subject to the provisions of this Constitution and of federal law, make rules regulating its procedure and specifying the number of its members which are to constitute a quorum.

EXPLANATORY NOTES:

Article 144:

See Articles 139, 144(1).

Clause (3):

1. The words "other than posts in the judicial and legal service" which appear after "similar status" were deleted by Act 10/1960, paragraph 25(a), in force from 31-5-1960, but were restored by Act 26/1963, subsection 53(3), in force from 16-9-1963. The words "other than posts in the judicial and legal service" were deleted by Act A354, section 34, in force from 27-8-1976.

2. For list of designated posts see L.N. (N.S) 119/1957, 397/1958.

Clause (4): The words "a State Public Service Commission" were substituted for "of any Ruler a Commission of corresponding status and jurisdiction" by Act 26/1963, section 70, in force from 16-9-1963. The words "Yang di-Pertua Negeri" substituted for "Governor" by Act A354, section 42, in force from 27-8-1976.

Clause (5)(b): The words "Yang di-Pertua Negeri" substituted for "Governor" by Act A354, section 42, in force from 27-8-1976.

Clause (5a): Added by Act 10/1960, paragraph 25(b), in force from 31-5-1960. The words "Save as provided in Clause (5b)," at the commencement were inserted by Act 59/1966, section 2, in force from 19-9-1966. In the proviso to paragraph(a), the words "or of any power of promotion" substituted for "or to any power of promotion" by Act A31, section 6, in force from 24-3-1971.

See--

(a) Public Services Promotion Board Regulations 1967, in P.U. 291/1967, as amended by P.U. 180/1968, 249/1968, P.U. (A) 285/1969. (b) Public Services Disciplinary Board Regulations 1967, in P.U. 292/1967, as amended by P.U. 181/1968, 249/1968, P.U. (A) 284/1969. (c) Public Services Commission (Promotion) (Appeal Board) Rules 1968, in P.U. 386/1968.

Clause (5b): Added by Act 59/1966, section 2, in force from 19-9-1966. Paragraph (i) was substituted by Act A193, section 5, in force from 1-1-1974. The earlier paragraph read as follows:

"(i) Notwithstanding the provision of Clause (1) of Article 135 and Article 139, all the powers and functions of the Public Services Commission established under Article 139, other than the power of first appointment to the permanent or pensionable establishment, may be exercised by a board appointed by the Yang di-Pertuan Agong.".

Clause (6a): Added by Act 25/1963, section 4, in force from 29-8-1963.

Clause (8):See Article 146c(3).

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/145.Attorney General

145. Attorney General

(1) The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a person who is qualified to be a judge of the Federal Court to be the Attorney General for the Federation.

(2) It shall be the duty of the Attorney General to advise the Yang di-Pertuan Agong or the Cabinet or any Minister upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Yang di-Pertuan Agong or the Cabinet, and to discharge the functions conferred on him by or under this Constitution or any other written law.

(3) The Attorney General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial.

(3a) Federal law may confer on the Attorney General power to determine the courts in which or the venue at which any proceedings which he has power under Clause (3) to institute shall be instituted or to which such proceedings shall be transferred.

(4) In the performance of his duties the Attorney General shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal in the Federation.

(5) Subject to Clause (6), the Attorney General shall hold office during the pleasure of the Yang di-Pertuan Agong and may at any time resign his office and, unless he is a member of the Cabinet, shall receive such remuneration as the Yang di-Pertuan Agong may determine.

(6) The person holding the office of Attorney General immediately prior to the coming into operation of this Article shall continue to hold the office on terms and conditions not less favourable than those applicable to him immediately before such coming into operation and shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court.

EXPLANATORY NOTES:

Article 145:

The present Article was inserted by Act 10/1960, section 26, in force from 16-9-1963. Act 26/1963, section 70, in force from 16-9-1963, amended it as follows:

(a) Clauses (1) and (6), by substituting the words "Federal Court" for "High Court". Subsequently subsection 18(2) of Act A566, in force from 1-1-1985, provides that a reference to the Federal Court shall now be construed as a reference to the Supreme Court. (b) Clause (3), by inserting the words "a native court" after "Muslim court"; the words "Syariah Court" substituted for "Muslim Court", by Act A354, section 45, in force from 27-8-1976.

The earlier Article (as amended by Act 26/1963, subsection 53(4) and section 70, in force from 16-9-1963) read as follows:

"145. (1) The Yang di-Pertuan Agong shall, after consultation with the Judicial and Legal Service Commission, appoint from among the members of the Judicial and Legal Service an Attorney General, who shall be a person qualified to be a judge of the Federal Court.

(2) The Attorney General shall advise on legal matters referred to him by the Yang di-Pertuan Agong or the Cabinet, and shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Muslim court, a native court or a court-martial.

(3) The Attorney General shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal.

(4) Subject to Clause (5), the Attorney General shall hold office until he attains the age of sixty-five years or such later time, not later than six months after he attains the age, as the Yang di-Pertuan Agong may approve.

(5) The Attorney General may at any time resign his office but shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court.".

Clause (3a): Added by Act A704, section 10, in force from 10-6-1988.

Clauses (1) and (6): The word "Federal" substituted for the word "Supreme" by Act A885, section 34, in force from 24-6-1994.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/146.Reports of Commissions

146. Reports of Commissions

(1) Each of the Commissions to which this Part applies shall make an annual report on its activities to the Yang di-Pertuan Agong and copies of those reports shall be laid before both Houses of Parliament.

(2) The Public Services Commission shall send a copy of every report made under this Article to the Ruler or Yang di-Pertua Negeri of each State to members of whose public service their jurisdiction extends, and the Ruler or Yang di-Pertua Negeri shall lay it before the Legislative Assembly.

EXPLANATORY NOTES:

Article 146:

Clause (2): The words "Yang di-Pertua Negeri" substituted for "Governor" by Act A354, section 42, in force from 27-8-1976.

See Article 146c(3).

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/146a.Reports of Commissions

146a. Reports of Commissions

(Repealed).

EXPLANATORY NOTES:

Article 146a:

1. Added by Act 26/1963, section 54, in force from 16-9-1963.

This Article which was repealed by Act A354, section 35, in force from 27-8-1976, read as follows:

"Branch in Borneo States of Judicial and Legal Service Commission

146a. (1) In respect of members of the judicial and legal service who are employed in the Borneo States, the functions to be discharged by the Judicial and Legal Service Commission shall, so long as this Article has effect, be discharged by a branch of that Commission established for the Borneo States.

(2) The branch of the Judicial and Legal Service Commission for the Borneo States shall consist of--

(a) the Chief Justice of the High Court in Borneo, who shall be Chairman; (b) the legal advisers of the Borneo States; (c) the Chairman of the State Public Service Commission (if any) in each of the Borneo States; and (d) two persons designated by the Federal Government from among the members of the main body of the Judicial and Legal Service Commission or Public Service Commission.

(3) (Repealed).

(4) (Repealed).

(5) Notwithstanding Clause (2) of Article 134, so long as there is for the Borneo States a branch of the Judicial and Legal Service Commission under this Article, the jurisdiction of the Commission shall extend to members of the public service of a Borneo State who are seconded to the judicial and legal service, and for the purposes of the Judicial and Legal Service Commission they shall be deemed to be members of that service.

(6) This Article shall have effect until the end of August 1968, and thereafter in relation to the Borneo States, until the Federal Government determines to the contrary.".

2. See Articles 138(2), 146c(1), (2), (3).

Clause (1): The words "or in Singapore" and "or for Singapore, as the case may be" which appeared after "Borneo States" were deleted by Act 59/1966, section 2, in force from 19-9-1966.

Clause (3): This Clause which read as follows was repealed by Act 59/1966, section 2, in force from 19-9-1966:

"(3) The branch of the Judicial and Legal Service Commission for Singapore shall consist of--

(a) the Chief Justice of the High Court in Singapore, who shall be Chairman; (b) the legal adviser of the State; (c) the chairman of the State Public Service Commission in Singapore; (d) a Judge of the High Court in Singapore designated by the Chief Justice; (e) not more than two members of the Public Services Commission, being the member or members of the main body serving under Clause (3) of Article 146b on the branch for Singapore of that Commission or, if that Clause is not in operation, a member or members designated by the Federal Government.".

Clause (4): This Clause which read as follows was repealed by Act 31/1965, subsection 2(2), in force from 1-7-1965:

"(4) At any time when the branch of the Judicial and Legal Service Commission for the Borneo States includes among its members more than one chairman of a State Public Service Commission the following provisions shall apply:

(a) not more than one of those chairman shall attend any meeting of the branch, and the one entitled to attend and be summoned to any meeting shall be determined by or in accordance with the rules of the branch and (subject to the rules) any general or special directions of the chairman of the branch; and (b) the branch shall not make appointments to posts in the State of either of those chairmen at a meeting which he does not attend and has not been summoned to, unless he consents to their doing so.".

Clause (5): The words "or for Singapore" which appeared after "for the Borneo States" and the words "or of Singapore, as the case may be," which appeared after "of a Borneo State" were deleted by Act 59/1966, section 2, in force from 19-9-1966.

Clause (6): This Clause was inserted by Act 59/1966, section 2, in force from 19-9-1966, and replaced the earlier Clause which read as follows:

"(6) This Article shall have effect until the end of August 1968, and thereafter--

(a) in relation to the Borneo States, until the Federal Government determines to the contrary; and (b) in relation to Singapore, until Parliament otherwise provides by an Act passed with the concurrence of the Governor.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/146b.Reports of Commissions

146b. Reports of Commissions

(Repealed).

EXPLANATORY NOTES:

Article 146b:

1. Added by Act 26/1963, section 55, in force from 16-9-1963. Act 59/1966, section 2, in force from 9-8-1965, amended it as follows:

(a)Clause (1): By deleting the words "or in Singapore" which appeared after "a Borneo State". The words "the State of Sabah or Sarawak" substituted for "a Borneo State" by Act A514, section 19, in force from 27-8-1976.

(b)Clause (2): This Clause was substituted by Act A354, section 36, in force from 27-8-1976. The earlier Clause read as follows:

"(2) Subject to Clause (3), the branch of the Public Services Commission established for a State under Clause (1) shall consist of such members of the main body of the Commission as may be designated by the Federal Government and such special members as the Yang di-Pertuan Agong may appoint; and the Yang di-Pertuan Agong in making any appointment under this Clause shall act in his discretion, after considering the advice of the Prime Minister and consulting the Governor of the State.".

(c)Clause (3): This Clause repealed by Act A354, section 36, in force from 27-8-1976, read as follows:

"(3) So long as this Clause has effect, in any State in which there is for the time being a State Public Service Commission, the members of that Commission shall ex officiobe members of the branch for the State of the Public Services Commission, and that branch shall consist of those members and not more than two members of the main body of the Public Services Commission designated by the Federal Government.".

(d)Clause (6): The words "the State of Sabah or Sarawak" substituted for "a Borneo State" by Act A514, section 19, in force from 27-8-1976.

(e)Clause (7): By deleting the words "or Singapore" which appeared after "a Borneo State". The words "the State of Sabah or Sarawak" substituted for "a Borneo State" by Act A514, section 19, in force from 27-8-1976 and the words "and the branch is constituted in accordance with Clause (3)" after "Public Services Commission under this Article" deleted by Act A354, section 36, in force from 27-8-1976. The words "Yang di-Pertua Negeri" substituted for "Governor" by Act A354, section 42, in force from 27-8-1976.

(f)Clause (8): By substituting the present Clause for the earlier Clause which read as follows:

"(8) Clauses (1) and (3) shall have effect until the end of August, 1968, and thereafter either shall continue to have effect--

(a) in relation to a Borneo State, until the Federal Government determines to the contrary; and (b) in relation to Singapore, until Parliament otherwise provides by an Act passed with the concurrence of the Governor.".

The words "This Article shall have effect until the end of August, 1968, and thereafter it" substituted for "Clauses (1) and (3) shall have effect until the end of August, 1968, and thereafter either", and "the State of Sabah or Sarawak" substituted for "a Borneo State" by Act A354, section 36, 43, in force from 27-8-1976.

2. See Articles 139(4), 146c(1), (2), (3).

3. Added by Act 26/1963, section 55, in force from 16-9-1963. This Article which was repealed by Act A514, section 13, in force from 15-5-1981, read as follows:

"Branches in each State of Sabah and Sarawak of Public Services Commissions

146b. (1) In respect of members of the general public service of the Federation who are employed in a federal department in the State of Sabah or Sarawak the functions to be discharged by the Public Services Commission shall, so long as this Clause has effect, be discharged by a branch of that Commission established for the State.

(2) The branch of the Public Services Commission established for a State under Clause (1) shall consist of six members (of whom two shall be from amongst the members of the main body of the Public Services Commission) to be appointed by the Yang di-Pertuan Agong acting in his discretion but after considering the advice of the Prime Minister and after consultation with the Conference of Rulers.

(3) (Repealed).

(4) Such member of a branch of the Public Services Commission established under Clause (1) as may be designated by the Chairman of the Commission shall be chairman of the branch.

(5) The number of members of the Public Services Commission required by Clause (4) of Article 139 shall be the number of the members of the main body, exclusive of those who are members of a branch but not of the main body.

(6) Where a post in a federal department in the State of Sabah or Sarawak entails duties in or in respect of the other of those States, the branch of the Public Services Commission whose jurisdiction is to extend to that post shall be the branch for the State in which the head of the department is normally stationed or, in any case of doubt or difficulty, whichever branch the Federal Government may determine.

(7) Notwithstanding Clause (2) of Article 134, so long as there is for the State of Sabah or Sarawak a branch of the Public Services Commission under this Article, the jurisdiction of the Public Services Commission shall extend (except as regards the exercise of disciplinary control over them) to members of the public service of the State who are seconded to the general public service of Federation, other than members in or below such grade as the Yang di-Pertuan Agong, with the concurrence of the Governor, may direct; and for purposes of the Public Services Commission they shall be deemed (except as regards the exercise of disciplinary control over them) to be members of the general public service of the Federation.

(8) This Article shall have effect until the end of August, 1968, and thereafter it shall continue to have effect in relation to the State of Sabah or Sarawak until the Federal Government determines to the contrary.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/146c.Reports of Commissions

146c. Reports of Commissions

(Repealed).

EXPLANATORY NOTES:

Article 146c:

Added by Act 26/1963, section 56, in force from 16-9-1963, and amended by Act 59/1966, section 2, in force from 9-8-1965 as follows:

(a) Clause (1): By substituting with effect from 9-8-1965 the words ", or to the Borneo States" for the words "or Singapore, or to two or more of those States". The words "Public Services Commission" substituted for "Commissions" in the shoulder note, the words "the Judicial and Legal Service Commission or" were deleted after "jurisdiction in respect of that service on" and "146a or" were deleted after "Article", by Act A354, section 37, in force from 27-8-1976 and "the State of Sabah or Sarawak" substituted for "a Borneo State" by Act A514, section 19, in force from 27-8-1976.

(b) Clause (2): The words "Judicial and Legal Service Commission or" were deleted after "members of a branch of the" and "146a or" were deleted after "Article" by Act A354, section 37, in force from 27-8-1976.

(c) Clause (3): By substituting, with effect from 19-9-1965, the word "or" for the word "of" which appeared after "Judicial and Legal Service Commission". The words "Judicial and Legal Service Commission or" were deleted after "a branch of the" and "146a or" were deleted after "established under Article" by Act A354, section 37, in force from 27-8-1976.

Added by Act 26/1963, section 56, in force from 16-9-1963. This Article which was repealed by Act A514, section 13, in force from 15-5-1981, read as follows:

"Supplementary provisions as to branches of Commissions

146c. (1) If provision is made by federal law for establishing a joint service common to the Federation and to a Borneo State or Singapore, or to two or more of those States with or without the Federation, and for conferring jurisdiction in respect of that service on the Judicial and Legal Service Commission or the Public Services Commission, federal law may provide for functions of the Commission in relation to that service to be exercised by any branch for the time being established under Article 146a or 146b for the State or any of the States in question.

(2) In Article 142, paragraph (b) of Clause (4) and, in Article 143, Clause (2) shall have effect in relation to members of a branch of the Judicial and Legal Service Commission or Public Services Commission established under Article 146a or 146b as if the references to federal law included references to State law.

(3) Clause (8) of Article 144 shall apply to a branch of the Judicial and Legal Service Commission or Public Services Commission established under Article 146a or 146b as if it were a separate Commission to which this Part applies; but nothing in those Articles shall be taken to require such a branch to make a separate annual report under Article 146.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/146d.Jurisdiction of Police Force Commission over seconded members of State service in States of Sabah and Sarawak

146d. Jurisdiction of Police Force Commission over seconded members of State service in States of Sabah and Sarawak

Notwithstanding Clause (2) of Article 134, the jurisdiction of the Police Force Commission shall extend to members of the public service of the State of Sabah or Sarawak who are seconded to the police force; and for purposes of the Police Force Commission they shall be deemed to be members of the police force.

(2) (Repealed).

(3) (Repealed).

EXPLANATORY NOTES:

Article 146d:

Added by Act 26/1963, section 57, in force from 16-9-1963.

Clause (1): "(1)" at the beginning of the Clause was deleted and the words "(except as regards the exercise of disciplinary control over them)" were deleted after "Police Force Commission shall extend" and "(except as regards the exercise of disciplinary control over them)" were deleted after "Police Force Commission they shall be deemed" by Act A354, section 38, in force from 27-8-1976, and "the State of Sabah or Sarawak" substituted for "a Borneo State" by Act A514, section 19, in force from 27-8-1976.

Clauses (2) and (3): These Clauses which were repealed by Act A354, section 38, in force from 27-8-1976, read as follows:

"(2) If in a Borneo State there is not a board exercising disciplinary control over the said persons and having the following membership, that is to say:

(a) the Chairman of a State Public Service Commission in the State; and (b) the legal adviser of the State; and (c) the senior police officer of the State; and (d) a representative of the officer of police in general command of the police force;

then Clause (1) shall apply as if it made no exception for the exercise of disciplinary control.

(3) So much of Clause (2) of Article 139 as provided for extending the jurisdiction of the Public Services Commission in certain circumstances to members of the public service of a State shall not apply to members of the public service of a Borneo State who are seconded to the police force.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/147.Protection of pension rights

147. Protection of pension rights

(1) The law applicable to any pension, gratuity or other like allowance (in this Article referred to as an "award") granted to a member of any of the public services, or to his widow, children, dependant or personal representatives, shall be that in force on the relevant day or any later law not less favourable to the person to whom the award is made.

(2) For the purposes of this Article the relevant day is--

(a) in relation to an award made before Merdeka Day, the date on which the award was made;

(b) in relation to an award made after Merdeka Day to or in respect of any person who was a member of any of the public services before Merdeka Day, the thirtieth day of August, nineteen hundred and fifty-seven;

(c) in relation to an award made to or in respect of any person who first became a member of any of the public services on or after Merdeka Day, the date on which he first became such a member. 

(3) For the purposes of this Article, where the law applicable to an award depends on the option of the person to whom it is made, the law for which he opts shall be taken to be more favourable to him than any other law for which he might have opted.

EXPLANATORY NOTES:

Article 147:

See Articles 132(4), 180(2).

Clause (2):See Article 180(3).

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/148.Interpretation of Part X

148. Interpretation of Part X

(1) References in this Constitution to a Commission to which this Part applies are, unless the context otherwise requires, references to any of the Commissions established under Articles 138 to 141A.

(2) In this Part "ex officio member" includes a Minister and a judge of the Federal Court, of the Court of Appeal or of a High Court and "State Public Service Commission" means, in relation to any State, a Commission exercising functions in respect of members of the public service of the State and corresponding in status and jurisdiction to the Public Services Commission.

EXPLANATORY NOTES:

Article 148(1):

1. The words " , unless the context otherwise requires," were inserted by Act 10/1960, paragraph 27(a), in force from 1-4-1961. Paragraph 27(b) of the same Act, in force from 31-5-1960, substituted the figure "139" for "138"; Act 26/1963, subsection 53(5), in force from 16-9-1963, restored the original figure "138".

2. The figure "141a" substituted for "141" by Act A354, section 39, in force from 27-8-1976.

Article 148(2):

1. The present Clause was inserted by Act 14/1962, Schedule section 11, in force from 21-6-1962. Act 26/1963, subsection 59(2) and section 70, in force from 16-9-1963, substituted the words "Federal Court or of a High Court" for "Supreme Court" and added thereafter the words "and 'State Public Service Commission' means, in relation to any State, a Commission exercising functions in respect of members of the public service of the State and corresponding in status and jurisdiction to the Public Services Commission". Act 59/1966, section 2, in force from 19-9-1966, corrected an error in the 1964 Reprint. The earlier Clause read as follows:

"(2) In this Part "ex officio member" includes a Minister, the Chief Justice and other judges of the Supreme Court, and the Attorney-General.".

Subsequently, subsection 18(2) of Act A566, in force from 1-1-1985, provides that a reference to the Federal Court shall now be construed as a reference to the Supreme Court.

2. The words "Federal Court, of the Court of Appeal" substituted for the words "Supreme Court" by Act A885, section 35, in force from 24-6-1994.

EXPLANATORY NOTES:

Part X:

See Articles 153(3), 160(2) definition of "Office of profit".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/149.Legislation against subversion, action prejudicial to public order, etc.

Part XI SPECIAL POWERS AGAINST SUBVERSION, ORGANIZED VIOLENCE, AND ACTS AND CRIMES PREJUDICIAL TO THE PUBLIC AND EMERGENCY POWERS

149. Legislation against subversion, action prejudicial to public order, etc.

(1) If an Act of Parliament recites that action has been taken or threatened by any substantial body of persons, whether inside or outside the Federation--

(a) to cause, or to cause a substantial number of citizens to fear, organized violence against persons or property; or

(b) to excite disaffection against the Yang di-Pertuan Agong or any Government in the Federation; or

(c) to promote feelings of ill-will and hostility between different races or other classes of the population likely to cause violence; or

(d) to procure the alteration, otherwise than by lawful means, of anything by law established; or

(e) which is prejudicial to the maintenance or the functioning of any supply or service to the public or any class of the public in the Federation or any part thereof; or

(f) which is prejudicial to public order in, or the security of, the Federation or any part thereof, any provision of that law designed to stop or prevent that action is valid notwithstanding that it is inconsistent with any of the provisions of Article 5, 9, 10 or 13, or would apart from this Article be outside the legislative power of Parliament; and Article 79 shall not apply to a Bill for such an Act or any amendment to such a Bill.

(2) A law containing such a recital as is mentioned in Clause (1) shall, if not sooner repealed, cease to have effect if resolutions are passed by both Houses of Parliament annulling such law, but without prejudice to anything previously done by virtue thereof or to the power of Parliament to make a new law under this Article.

EXPLANATORY NOTES:

Article 149:

1. The present Article was inserted by Act 10/1960, paragraphs 28(a) and (b), in force from 31-5-1960, and replaced the original Article which read as follows:

"149. (1) If an Act of Parliament recites that action has been taken or threatened by any substantial body of persons, whether inside or outside the Federation, to cause, or to cause a substantial number of citizens to fear, organized violence against persons or property, any provision of that law designed to stop or prevent that action is valid notwithstanding that it is inconsistent with any of the provisions of Article 5, 9, or 10, or would apart from this Article be outside the legislative power of Parliament; and Article 79 shall not apply to a Bill for such an Act or any amendment to such a Bill.

(2) A law containing such a recital as is mentioned in Clause (1) shall, if not sooner repealed, cease to have effect on the expiration of a period of one year from the date on which it comes into operation, without prejudice to the power of Parliament to make a new law under this Article.".

2. See Internal Security Act 1960 [Act82].

3. The words ", action prejudicial to public order, etc." inserted after "subversion" in shoulder note by Act A442, section 5, in force from 31-12-1978.

Clause (1): Paragraph (e) substituted by Act A442, section 5, in force from 31-12-1978. The original paragraph read as follows:

"(e) which is prejudicial to the security of the Federation or any part thereof;".

4. Paragraph (f) added by Act A442, section 5, in force from 31-12-1978.

Article 149(1):

The words ", 10 or 13" substituted for the words "or 10" by Act A514, section 14, in force from 15-5-1981.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/150.Proclamation of emergency

150. Proclamation of emergency

(1) If the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect.

(2) A Proclamation of Emergency under Clause (1) may be issued before the actual occurrence of the event which threatens the security, or the economic life, or public order in the Federation or any part thereof if the Yang di-Pertuan Agong is satisfied that there is imminent danger of the occurrence of such event.

(2a) The power conferred on the Yang di-Pertuan Agong by this Article shall include the power to issue different Proclamations on different grounds or in different circumstances, whether or not there is a Proclamation or Proclamations already issued by the Yang di-Pertuan Agong under Clause (1) and such Proclamation or Proclamations are in operation.

(2b) If at any time while a Proclamation of Emergency is in operation, except when both Houses of Parliament are sitting concurrently, the Yang di-Pertuan Agong is satisfied that certain circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as circumstances appear to him to require.

(2c) An ordinance promulgated under Clause (2B) shall have the same force and effect as an Act of Parliament, and shall continue in full force and effect as if it is an Act of Parliament until it is revoked or annulled under Clause (3) or until it lapses under Clause (7); and the power of the Yang di-Pertuan Agong to promulgate ordinances under Clause (2B) may be exercised in relation to any matter which respect to which Parliament has power to make laws, regardless of the legislative or other procedures required to be followed, or the proportion of the total votes required to be had, in either House of Parliament.

(3) A Proclamation of Emergency and any ordinance promulgated under Clause (2B) shall be laid before both Houses of Parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed by both Houses annulling such Proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the Yang di-Pertuan Agong to issue a new Proclamation under Clause (1) or promulgate any ordinance under Clause (2B).

(4) While Proclamation of Emergency is in force the executive authority of the Federation shall, notwithstanding anything in this Constitution, extend to any matter within the legislative authority of a State and to the giving of directions to the Government of a State or to any officer or authority thereof.

(5) Subject to Clause (6A), while a Proclamation of Emergency is in force, Parliament may, notwithstanding anything in this Constitution make laws with respect to any matter, if it appears to Parliament that the law is required by reason of the emergency; and Article 79 shall not apply to a Bill for such a law or an amendment to such a Bill, nor shall any provision of this Constitution or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a Bill to the Yang di-Pertuan Agong for his assent.

(6) Subject to Clause (6A), no provision of any ordinance promulgated under this Article, and no provision of any Act of Parliament which is passed while a Proclamation of Emergency is in force and which declares that the law appears to Parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this Constitution.

(6a) Clause (5) shall not extend the powers of Parliament with respect to any matter of Islamic law or the custom of the Malays, or with respect to any matter of native law or customs in the State of Sabah or Sarawak; nor shall Clause (6) validate any provision inconsistent with the provisions of this Constitution relating to any such matter or relating to religion, citizenship, or language.

(7) At the expiration of a period of six months beginning with the date on which a Proclamation of Emergency ceases to be in force, any ordinance promulgated in pursuance of the Proclamation and, to the extent that it could not have been validly made but for this Article, any law made while the Proclamation was in force, shall cease to have effect, except as to things done or omitted to be done before the expiration of that period.

(8) Notwithstanding anything in this Constitution--

(a) the satisfaction of the Yang di-Pertuan Agong mentioned in Clause (1) and Clause (2B) shall be final and conclusive and shall not be challenged or called in question in any court on any ground; and

(b) no court shall have jurisdiction to entertain or determine any application, question or proceeding, in whatever form, on any ground, regarding the validity of--

(i) a Proclamation under Clause (1) or of a declaration made in such Proclamation to the effect stated in Clause (l);

(ii) the continued operation of such Proclamation;

(iii) any ordinance promulgated under Clause (2B); or

(iv) the continuation in force of any such ordinance.

(9) For the purpose of this Article the Houses of Parliament shall be regarded as sitting only if the members of each House are respectively assembled together and carrying out the business of the House.

EXPLANATORY NOTES:

Article 150:

Clause (1):

1. The words "whether by war or external aggression or internal disturbance," which appeared after "is threatened," were deleted by Act 26/1963, subsection 39(1), in force from 16-9-1963.

2. Clauses (1) and (2): Substituted by Act A514, section 15, in force from 15-5-1981. The earlier Clauses (1) and (2) read as follows:

"Proclamation of emergency

150. (1) If the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security or economic life of the Federation or of any part thereof is threatened, whether by war or external aggression or internal disturbance, he may issue a Proclamation of Emergency.

(2) If a Proclamation of Emergency is issued when Parliament is not sitting, the Yang di-Pertuan Agong shall summon Parliament as soon as may be practicable, and may, until both Houses of Parliament are sitting, promulgate ordinances having the force of law, if satisfied that immediate action is required.".

3. The words "Prime Minister" were substituted for the words "Yang di-Pertuan Agong" and the words "shall advise the Yang di-Pertuan Agong accordingly and the Yang di-Pertuan Agong shall then" substituted for the word "may" both by Act A566, section 20, in force from 16-12-1983.

4. See Proclamations in L.N. 271/1964, P.U. 339a/1966, P.U. (A) 145/1969.

Clause (2): The words "Prime Minister" substituted for the words "Yang di-Pertuan Agong" and the words "and advises the Yang di-Pertuan Agong accordingly" inserted after the words "such event" both by Act A566, section 20, in force from 16-12-1983.

Clause (2a): Added by Act A514, section 15, in force from 15-5-1981. The words "to issue on Proclamation of Emergency" were inserted after the words "by this Article"; the words "as may be advised by the Prime Minister," were inserted after the words "different circumstances". The words "by the Yang di-Pertuan Agong" were deleted. These amendments were made by Act A566, section 20, in force from 16-12-1983.

Clause (2b): Added by Act A514, section 15, in force from 15-5-1981. The words "the Prime Minister is satisfied that certain circumstances exist which render it necessary that immediate action be taken, he shall advise the Yang di-Pertuan Agong to promulgate such ordinances as the Prime Minister deems necessary, and the Yang di-Pertuan Agong shall then accordingly promulgate such ordinances" substituted for the words "the Yang di-Pertuan Agong is satisfied that certain circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as circumstances appear to him to require" by Act A566, section 20, in force from 16-12-1983.

Clause (2c): Added by Act A514, section 15, in force from 15-5-1981. The words "of the Yang di-Pertuan Agong" were deleted by Act A566, section 20, in force from 16-12-1983.

Clause (3):

1. The present Clause was inserted by Act 10/1960, section 29, in force from 31-5-1960, and replaced the original Clause which read as follows:

"(3) A Proclamation of Emergency and any ordinance promulgated under Clause (2) shall be laid before both Houses of Parliament and, if not sooner revoked, shall cease to be in force--

(a) a Proclamation at the expiration of a period of two months beginning with the date on which it was issued; and (b) an ordinance at the expiration of a period of fifteen days beginning with the date on which both Houses are first sitting,

unless, before the expiration of that period, it has been approved by a resolution of each House of Parliament.".

2. The words "Clause (2b)" substituted for "Clause (2)" by Act A514, section 15, in force from 15-5-1981.

3. The words "of the Yang di-Pertuan Agong" were deleted by Act A566, section 20, in force from 16-12-1983.

Clause (8) paragraph (a): The words "Prime Minister mentioned in Clauses (1), (2) and (2b)" substituted for the words "Yang di-Pertuan Agong mentioned in Clauses (1) and (2b)" by Act A566, section 20, in force from 16-12-1983.

Clause (8) paragraph (b)(i): The words "whether or not arising under Clause (2)" inserted after the words "stated in Clause (1)" by Act A566, section 20, in force from 16-12-1983.

Note:

Article 150 was again amended by Act A584 which restored the original provisions as it was before the amendment made by Act A566 as it now appears.

Article 150(5):

The present Clause was inserted by Act 26/1963, subsection 39(2), in force from 16-9-1963. The words "or in the Constitution of the State of Sarawak" were inserted by Act 68/1966, section 3, after the word "Constitution" where it first occurs, in force from 20-9-1966, and will cease to have effect six months after the date on which the Proclamation of Emergency issued by the Yang di-Pertuan Agong on 14-9-1966 in P.U. 339a/1966 ceases to have effect. The original Clause read as follows:

"(5) While a Proclamation of Emergency is in force Parliament may, notwithstanding anything in this Constitution, make laws with respect to any matter enumerated in the State List (other than any matter of Muslim law or the custom of the Malays), extend the duration of Parliament or of a State Legislature, suspend any election, and make any provision consequential upon or incidental to any provision made in pursuance of this Clause.".

Article 150(6):

The present Clause was inserted by Act 26/1963, subsection 39(2), in force from 16-9-1963. The words "or of the Constitution of the State of Sarawak" were inserted by Act 68/1966, section 3, after the word "Constitution" at the end thereof, in force from 20-9-1966, and will cease to have effect six months after the date on which the Proclamation of Emergency issued by the Yang di-Pertuan Agong on 14-9-1966 in P.U. 339a/1966 ceases to have effect. The original Clause read as follows:

"(6) No provision of any law or ordinance made or promulgated in pursuance of this Article shall be invalid on the ground of any inconsistency with the provisions of Part II, and Article 79 shall not apply to any Bill for such a law or any amendment to such a Bill.".

Article 150(6a):

1. Added by Act 26/1963, subsection 39(2), in force form 16-9-1963.

2. The words "Islamic law" substituted for "Muslim law" by Act A354, section 45, in force from 27-8-1976 and "the State of Sabah or Sarawak" substituted for "a Borneo State" by Act A514, section 19, in force from 27-8-1976.

Articles 150(8) & (9):

Added by Act A514, section 15, in force from 15-5-1981.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/151.Restrictions on preventive detention

151. Restrictions on preventive detention

(1) Where any law or ordinance made or promulgated in pursuance of this Part provides for preventive detention--

(a) the authority on whose order any person is detained under that law or ordinance shall, as soon as may be, inform him of the grounds for his detention and, subject to Clause (3), the allegations of fact on which the order is based, and shall give him the opportunity of making representations against the order as soon as may be;

(b) no citizen shall continue to be detained under that law or ordinance unless an advisory board constituted as mentioned in Clause (2) has considered any representations made by him under paragraph (a) and made recommendations thereon to the Yang di-Pertuan Agong within three months of receiving such representations, or within such longer period as the Yang di-Pertuan Agong may allow. 

(2) An advisory board constituted for the purposes of this Article shall consist of a chairman, who shall be appointed by the Yang di-Pertuan Agong and who shall be or have been, or be qualified to be, a judge of the Federal Court, the Court of Appeal or a High Court, or shall before Malaysia Day have been a judge of the Supreme Court, and two other members who shall be appointed by the Yang di-Pertuan Agong.

(3) This Article does not require any authority to disclose facts whose disclosure would in its opinion be against the national interest.

EXPLANATORY NOTES:

Article 151:

Clause (1)(b):

1. The original paragraph which read as follows, was substituted by Act 10/1960, section 30, in force from 31-5-1960:

"(b) no citizen shall be detained under the law or ordinance for a period exceeding three months unless an advisory board constituted as mentioned in Clause (2) has considered any representations made by him under paragraph (a) and has reported, before the expiration of that period, that there is in its opinion sufficient cause for the detention.".

2. Act 10/1960, section 30, in force from 31-5-1960, substituted the original paragraph (b) with the following:

"(b) no citizen shall be detained under that law or ordinance for a period exceeding three months unless an advisory board constituted as mentioned in Clause (2) has considered any representations made by him under paragraph(a) and made recommendations thereon to the Yang di-Pertuan Agong.".

3. The present paragraph as it now appears, was substituted by Act A354, section 40, in force from 27-8-1976.

Article 151(2):

1. The words "and who shall be or have been, or be qualified to be, a judge of the Federal Court or a High Court, and shall before Malaysia Day have been a judge of the Supreme Court, and" were substituted for "from among persons who are or have been judges of the Supreme Court or are qualified to be judges of the Supreme Court, and" and the words "Lord President of the Federal Court" were substituted for "Chief Justice or, if at the time another judge of the Supreme Court is acting for the Chief Justice, after consultation with the judge" by Act 26/1963, section 70, in force from 16-9-1963.

2. Subsequently subsection 18(2) of Act A566 provides that a reference to the Federal Court shall now be construed as a reference to the Supreme Court.

3. This Clause which read as follows was substituted by Act A767, section 5, in force from 11-5-1990:

"(2) An advisory board constituted for the purposes of this Article shall consist of a chairman, who shall be appointed by the Yang di-Pertuan Agong and who shall be or have been, or be qualified to be, a judge of the Supreme Court or a High Court, or shall before Malaysia Day have been a judge of the Supreme Court, and two other members, who shall be appointed by the Yang di-Pertuan Agong after consultation with the Lord President of the Supreme Court.".

4. The words "Federal Court, the Court of Appeal" substituted for the words "Supreme Court" where they first appear by Act A885, section 36, in force from 24-6-1994.

EXPLANATORY NOTES:

Part XI:

The heading "SPECIAL POWERS AGAINST SUBVERSION, ORGANIZED VIOLENCE, AND ACTS AND CRIMES PREJUDICIAL TO THE PUBLIC, AND EMERGENCY POWER" substituted for "SPECIAL POWERS AGAINST SUBVERSION, AND EMERGENCY POWERS" by Act A442, section 5, in force from 31-12-1978.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/152.National language

Part XII GENERAL AND MISCELLANEOUS

152. National language

(1) The national language shall be the Malay language and shall be in such script as Parliament may by law provide:

Provided that--

(a) no person shall be prohibited or prevented from using (otherwise than for official purposes), or from teaching or learning, any other language; and

(b) nothing in this Clause shall prejudice the right of the Federal Government or of any State Government to preserve and sustain the use and study of the language of any other community in the Federation. 

(2) Notwithstanding the provisions of Clause (l), for a period of ten years after Merdeka Day, and thereafter until Parliament otherwise provides, the English language may be used in both Houses of Parliament, in the Legislative Assembly of every State, and for all other official purposes.

(3) Notwithstanding the provisions of Clause (1), for a period of ten years after Merdeka Day, and thereafter until Parliament otherwise provides, the authoritative texts--

(a) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament; and

(b) of all Acts of Parliament and all subsidiary legislation issued by the Federal Government, shall be in the English language.

(4) Notwithstanding the provisions of Clause (1), for a period of ten years after Merdeka Day, and thereafter until Parliament otherwise provides, all proceedings in the Federal Court, the Court of Appeal or a High Court shall be in the English language:

Provided that, if the Court and counsel on both sides agree, evidence taken in the language spoken by the witness need not be translated into or recorded in English.

(5) Notwithstanding the provisions of Clause (1), until Parliament otherwise provides, all proceedings in subordinate courts, other than the taking of evidence, shall be in the English language.

(6) In this Article, "official purpose" means any purpose of the Government, whether Federal or State, and includes any purpose of a public authority.

EXPLANATORY NOTES:

Article 152:

1. See Article 161(5).

2. See National Language Act 1963/1967 [Act32].

Clauses (2) and (3):See Article 161(1).

Clause (4):

1. The words "Federal Court or a High Court" were substituted for "Supreme Court" by Act 26/1963, section 70, in force from 16-9-1963. Subsequently subsection 18(2) of Act A566 provides that a reference to the Federal Court shall now be construed as a reference to the Supreme Court.

2. See Article 161(1).

3. The words "Federal Court, the Court of Appeal" substituted for the words "Supreme Court" by Act A885, section 37, in force from 24-6-1994.

Clause (5):See Article 161(1).

Clause (6): Inserted by Act A30, section 5, in force from 10-3-1971.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/153.Reservation of quotas in respect of services, permits, etc., for Malays and natives of any of the States of Sabah and Sarawak

153. Reservation of quotas in respect of services, permits, etc., for Malays and natives of any of the States of Sabah and Sarawak

(1) It shall be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities in accordance with the provisions of this Article.

(2) Notwithstanding anything in this Constitution, but subject to the provisions of Article 40 and of this Article, the Yang di-Pertuan Agong shall exercise his functions under this Constitution and federal law in such manner as may be necessary to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and to ensure the reservation for Malays and natives of any of the States of Sabah and Sarawak of such proportion as he may deem reasonable of positions in the public service (other than the public service of a State) and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the Federal Government and, when any permit or licence for the operation of any trade or business is required by federal law, then, subject to the provisions of that law and this Article, of such permits and licences.

(3) The Yang di-Pertuan Agong may, in order to ensure in accordance with Clause (2) the reservation to Malays and natives of any of the States of Sabah and Sarawak of positions in the public service and of scholarships, exhibitions and other educational or training privileges or special facilities, give such general directions as may be required for that purpose to any Commission to which Part X applies or to any authority charged with responsibility for the grant of such scholarships, exhibitions or other educational or training privileges or special facilities; and the Commission or authority shall duly comply with the directions.

(4) In exercising his functions under this Constitution and federal law in accordance with Clauses (1) to (3) the Yang di-Pertuan Agong shall not deprive any person of any public office held by him or of the continuance of any scholarship, exhibition or other educational or training privileges or special facilities enjoyed by him.

(5) This Article does not derogate from the provisions of Article 136.

(6) Where by existing federal law a permit or licence is required for the operation of any trade or business the Yang di-Pertuan Agong may exercise his functions under that law in such manner, or give such general directions to any authority charged under that law with the grant of such permits or licences, as may be required to ensure the reservation of such proportion of such permits or licences for Malays and natives of any of the States of Sabah and Sarawak as the Yang di-Pertuan Agong may deem reasonably; and the authority shall duly comply with the directions.

(7) Nothing in this Article shall operate to deprive or authorize the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him or to authorize a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of a person any permit or licence when the renewal or grant might reasonably be expected in the ordinary course of events.

(8) Notwithstanding anything in this Constitution, where by any federal law any permit or licence is required for the operation of any trade or business, that law may provide for the reservation of a proportion of such permits or licences for Malays and natives of any of the States of Sabah and Sarawak; but no such law shall for the purpose of ensuring such a reservation--

(a) deprive or authorize the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him; or

(b) authorize a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of any person any permit or licence when the renewal or grant might in accordance with the other provisions of the law reasonably be expected in the ordinary course of events, or prevent any person from transferring together with his business any transferable licence to operate that business; or

(c) where no permit or licence was previously required for the operation of the trade or business, authorize a refusal to grant a permit or licence to any person for the operation of any trade or business which immediately before the coming into force of the law he had been bona fide carrying on, or authorize a refusal subsequently to renew to any such person any permit or licence, or a refusal to grant to the heirs, successors or assigns of any such person any such permit or licence when the renewal or grant might in accordance with the other provisions of that law reasonably be expected in the ordinary course of events. 

(8a) Notwithstanding anything in this Constitution, where in any University, College and other educational institution providing education after Malaysian Certificate of Education or its equivalent, the number of places offered by the authority responsible for the management of the University, College or such educational institution to candidates for any course of study is less than the number of candidates qualified for such places, it shall be lawful for the Yang di-Pertuan Agong by virtue of this Article to give such directions to the authority as may be required to ensure the reservation of such proportion of such places for Malays and natives of any of the States of Sabah and Sarawak as the Yang di-Pertuan Agong may deem reasonable; and the authority shall duly comply with the directions.

(9) Nothing in this Article shall empower Parliament to restrict business or trade solely for the purpose of reservations for Malays and natives of any of the States of Sabah and Sarawak.

(9a) In this Article the expression "natives" in relation to the State of Sabah or Sarawak shall have the meaning assigned to it in Article 161A.

(10) The Constitution of the State of any Ruler may make provision corresponding (with the necessary modifications) to the provisions of this Article.

EXPLANATORY NOTES:

Article 153:

See Articles 38(5), 159(5), 161a(2), (3), (4).

Clause (2):See Article 161a(1), (2).

Clauses (3) to (5):See Article 161a(1).

Clauses (1), (2), (3), (6) and (8): The words "and natives of any of the Borneo States" inserted after "Malays" by Act A30, section 6, in force from 10-3-1971, and "States of Sabah and Sarawak" substituted for "Borneo States" by Act A514, section 19, in force from 27-8-1976.

Clause (8a): Inserted by Act A30, section 6, in force from 10-3-1971, and the words "States of Sabah and Sarawak" substituted for "Borneo States" by Act A514, section 19, in force from 27-8-1976.

Clause (9): The words "and natives of any of the Borneo States" inserted after "Malays" by Act A30, section 6, in force from 10-3-1971, and "States of Sabah and Sarawak" substituted for "Borneo States" by Act A514, section 19, in force from 27-8-1976.

Clause (9a): Inserted by Act A30, section 6, in force from 10-3-1971, and the words "the State of Sabah or Sarawak" substituted for "a Borneo State" by Act A514, section 19, in force from 27-8-1976.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/154.Federal capital

154. Federal capital

(1) Until Parliament otherwise determines, the municipality of Kuala Lumpur shall be the federal capital.

(2) Notwithstanding anything in Part VI, Parliament shall have exclusive power to make laws with respect to the boundaries of the federal capital.

(3) (Repealed).

EXPLANATORY NOTES:

Article 154:

See Federal Capital Act 1960 [Act190].

Clause (3):

Repealed by Act 10/1960, section 31, in force from 8-8-1960 which also deleted in Clause (2) the words "but subject to Clause (3)" which followed the words "Part VI". The original Clause (3) read as follows:

"(3) In relation to the municipality of Kuala Lumpur, Clause (2) shall not apply until such date as may be appointed by the Yang di-Pertuan Agong with the concurrence of the Ruler of the State of Selangor in pursuance of arrangements made between the Federal Government and the Government of that State for the establishment elsewhere of the State capital; and until the date so appointed the Federal List shall have effect as if item (c) of section 6, and in item (h) of section 7 the words "rates in the federal capital", were omitted.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/155.Commonwealth reciprocity

155. Commonwealth reciprocity

(1) Where the law in force in any other part of the Commonwealth confers upon citizens of the Federation any right or privilege it shall be lawful, notwithstanding anything in this Constitution, for Parliament to confer a similar right or privilege upon citizens of that part of the Commonwealth who are not citizens of the Federation.

(2) The reference in Clause (1) to citizens of a part of the Commonwealth shall be construed, in relation to the United Kingdom or to any other part of the Commonwealth not being a Commonwealth country or a territory administered by the Government of a Commonwealth country other than the United Kingdom, as a reference to citizens of the United Kingdom and Colonies.

(3) This Article applies in relation to the Republic of Ireland as it applies in relation to a Commonwealth country.

EXPLANATORY NOTES:

Article 155(2):

The present Clause was inserted by Act 14/1962, Schedule section 12(1), in force from 1-10-1962, and replaced the original Clause which read as follows:

'(2) In this Article "part of the Commonwealth" means any Commonwealth country, any colony, protectorate or protected state, and any other territory administered by the Government of any Commonwealth country; and in relation to the United Kingdom and any other part of the Commonwealth (not being a Commonwealth country or a territory administered by the Government of a Commonwealth country other than the United Kingdom) the reference to citizens of that part shall be construed as a reference to citizens of the United Kingdom and Colonies.'.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/156.Contributions in aid of rates in respect of federal and State property

156. Contributions in aid of rates in respect of federal and State property

Where lands, buildings, or hereditaments are occupied for public purposes by or on behalf of the Federation, a State or a public authority, the Federation, State or public authority shall not be liable to pay local rates in respect thereof but shall in aid of those rates make such contributions in respect thereof as may be agreed between the Federation, State or public authority, as the case may be, and the authority levying the rates or as may in default of agreement be determined by a tribunal consisting of the chairman of the Lands Tribunal established under Article 87, who shall preside, and two other members of whom each of the parties concerned shall appoint one.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/157.Delegation of State functions to another State

157. Delegation of State functions to another State

Subject to any provisions of State law, arrangements may be made between any two States for the performance of any functions by the authorities of the one on behalf of the authorities of the other, and such arrangements may provide for the making of payments in respect of any costs incurred under the arrangements.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/158.Delegation of State functions to another State

158. Delegation of State functions to another State

(Repealed).

EXPLANATORY NOTES:

Article 158:

Act 26/1963, section 70, in force from 16-9-1963, substituted the word "Brunei" for "any territory to which this Article applies" which appeared at the end of paragraphs (a), (b) and (c) of Clause (1) and repealed Clause (2) which read as follows:

"(2) This Article applies to Singapore, Sarawak, Brunei and North Borneo.".

This Article which read as follows was repealed by Act A704, section 11, in force from 10-6-1988:

" 158. (1) Nothing in this Constitution shall be taken to prohibit the making or continuance of arrangement whereby--

(a) departments, authorities or services are maintained by the Federal Government in common with the Government of Brunei; or (b) the Federal Government or any officer or authority thereof acts as agent for the Government of Brunei; or (c) any part of the executive authority of the Federation is exercised, with the consent of the Federation Government, by any officer or authority of the Government of Brunei.

(2) (Repealed).".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/159.Amendment of the Constitution

159. Amendment of the Constitution

(1) Subject to the following provisions of this Article and to Article 161E the provisions of this Constitution may be amended by federal law.

(2) (Repealed).

(3) A Bill for making any amendment to the Constitution (other than an amendment excepted from the provisions of this Clause) and a Bill for making any amendment to a law passed under Clause (4) of Article 10 shall not be passed in either House of Parliament unless it has been supported on Second and Third Readings by the votes of not less than two-thirds of the total number of members of that House.

(4) The following amendments are excepted from the provisions of Clause (3), that is to say:

(a) any amendment to Part III of the Second or to the Sixth or Seventh Schedule;

(b) any amendment incidental to or consequential on the exercise of any power to make law conferred on Parliament by any provision of this Constitution other than Articles 74 and 76;

(bb) subject to Article 161E any amendment made for or in connection with the admission of any State to the Federation or its association with the States thereof, or any modification made as to the application of this Constitution to a State previously so admitted or associated;

(c) any amendment consequential on an amendment made under paragraph (a). 

(5) A law making an amendment to Clause (4) of Article 10, any law passed thereunder, the provisions of Part III, Article 38, 63(4), 70, 71(1), 72(4), 152, or 153 or to this Clause shall not be passed without the consent of the Conference of Rulers.

(6) In this Article "amendment" includes addition and repeal; and in this Article and in Article 2(a) "State" includes any territory.

EXPLANATORY NOTES:

Article 159:

See Article 159a.

Clause (1): The words "and to Articles 161e and 161h" were inserted after "this Article" by Act 26/1963, section 70, in force from 16-9-1963. Act 59/1966, section 2, in force from 9-8-1965, replaced them by the words "and to Article 161e".

Clause (2): This Clause which read as follows was repealed by Act 25/1963, section 8, in force from 29-8-1963:

"(2) No amendments to this Constitution shall be made before Parliament is constituted in accordance with Part IV, except such as the Legislative Council may deem necessary to remove any difficulties in the transition from the constitutional arrangements in operation immediately before Merdeka Day to those provided for by this Constitution; but any law made in pursuance of this Clause shall, unless sooner repealed, cease to have effect at the expiration of a period of twelve months beginning with the day on which Parliament first meets.".

Clause (3):See Articles 62(3), 68(5), 161e(1). The words "and a Bill for making any amendment to a law passed under Clause (4) of Article 10" inserted after "excepted from the provisions of this Clause" by Act A30, section 7, in force from 10-3-1971.

Clause (4)(a): The words "Part III of the Second or to the" were substituted for "the Second" by Act 26/1963, paragraph 24(1)(b), in force from 16-9-1963. In paragraph (c)the words "incidental to or consequential on the repeal of a law made under Clause (2) or" deleted after "any amendment" by Act A31, section 7, in force from 24-3-1971.

Clause (4)(bb):

1. Added by Act 14/1962, section 24, in force from 31-8-1957. The words "subject to Article 161e" which appear at the commencement were inserted by Act 26/1963, section 70, in force from 16-9-1963.

2. See Article 161e(1).

Clause (5): The words "Clause (4) of Article 10, any law passed thereunder, the provisions of Part III," inserted after "amendment to", the figure "63(4)" inserted after "38,", "72(4), 152," inserted after "71(1)," and the words "or to this Clause" inserted after "153" by Act A30, section 7, in force from 10-3-1971.

Clause (6): The words 'and "State" includes any territory' were added by Act 14/1962, section 24, in force from 31-8-1957. The words 'repeal; and in this Article and in Article 2(a) "State" includes any territory' substituted for 'repealed and "State" includes any territory' by Act A31, section 7, in force from 24-3-1971.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/159a.Operation of transitional provisions of Malaysia Act

159a. Operation of transitional provisions of Malaysia Act

The provisions of Part IV of the Malaysia Act (which contains temporary and transitional provisions in connection with the operation of that Act) shall have effect as if embodied in this Constitution, and shall have effect notwithstanding anything in this Constitution as amended by that Act; and the provisions of this Constitution, and in particular Clause (1) of Article 4 and Articles 159 and 161E shall have effect in relation thereto accordingly.

EXPLANATORY NOTES:

Article 159a:

Added by Act 26/1963, section 71, in force from 16-9-1963. The words "Articles 159 and 161e" were substituted for "Articles 159, 161e and 161h" by Act 59/1966, section 2, in force from 19-9-1966.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/160.Interpretation

160. Interpretation

(1) The Interpretation and General Clauses Ordinance 1948 [M.U. No. 7 of 1948], as in force immediately before Merdeka Day shall, to the extent specified in the Eleventh Schedule, apply for the interpretation of this Constitution as it applies for the interpretation of any written law within the meaning of that Ordinance, but with the substitution of references to the Yang di-Pertuan Agong for references to the High Commissioner.

(2) In this Constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say--

"Aborigine"

means an aborigine of the Malay Peninsula;

"Act of Parliament"

means a law made by Parliament;

"Attorney General"

means the Attorney General of the Federation;

"Borrow"

includes the raising of money by the grant of annuities or by entering into any arrangement requiring the payment before the due date of any taxes, rates, royalties, fees or any other payments or by entering into any agreement whereby the Government has to repay or refund any benefits that it has enjoyed under that agreement, and "loan" shall be construed accordingly;

"Casual vacancy"

means a vacancy arising in the House of Representatives or a Legislative Assembly otherwise than by a dissolution of Parliament or of the Assembly;

"Chief Minister" and "Menteri Besar"

both mean the president, by whatever style known, of the Executive Council in a State;

"Citizen"

means a citizen of the Federation;

"Civil List"

means the provision made for the maintenance of the Yang di-Pertuan Agong, his Consort, a Ruler or Yang di-Pertua Negeri out of public funds;

"Commonwealth country"

means any country recognized by the Yang di-Pertuan Agong to be a Commonwealth country; and "part of the Commonwealth" means any Commonwealth country, any colony, protectorate or protected state or any other territory administered by the Government of any Commonwealth country;

"Concurrent List"

means the Third List set out in the Ninth Schedule;

"Debt"

includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and "debt charges" shall be construed accordingly;

"Elector"

means a person who is entitled to vote in an election to the House of Representatives or the Legislative Assembly of a State;

"Enactment"

, where the expression occurs in the Eighth Schedule, means a law made by the Legislature of a State;

"Executive Council"

means the Cabinet or other body, however called, which in the Government of a State corresponds, whether or not the members of it are Ministers, to the Cabinet of Ministers in the Government of the Federation (and in particular includes the Supreme Council in Sarawak);

"Existing law"

means any law in operation in the Federation or any part thereof immediately before Merdeka Day;

"Federal law"

means--

(a) any existing law relating to a matter with respect to which Parliament has power to make laws, being a law continued in operation under Part XIII; and

(b) any Act of Parliament; 

"Federal List"

means the First List set out in the Ninth Schedule;

"Federal purposes"

includes the purposes of the Federation in connection with matters enumerated in the Concurrent List and with any other matters with respect to which Parliament has power to make laws otherwise than by virtue of Article 76;

"Foreign country"

does not include any part of the Commonwealth or the Republic of Ireland;

"Governor"

(Repealed );

"Law"

includes written law, the common law in so far as it is in operation in the Federation or any part thereof, and any custom or usage having the force of law in the Federation or any part thereof;

"Legislative Assembly"

means the representatives assembly, however called, in the Legislature of a State (and in particular includes the Council Negri in Sarawak), but except in the Eighth Schedule includes also a Legislative Council, however called;

"Legislative Council"

(Repealed);

"Legislature"

, in relation to a State, means the authority having power under the Constitution of that State to make laws for the State;

"Local rates"

(Repealed );

"Malay"

means a person who professes the religion of Islam, habitually speaks the Malay language, conforms to Malay custom and--

(a) was before Merdeka Day born in the Federation or in Singapore or born of parents one of whom was born in the Federation or in Singapore, or is on that day domiciled in the Federation or in Singapore; or

(b) is the issue of such a person; 

"Member of the administration"

means, in relation to the Federation, a person holding office as Minister, Deputy Minister, Parliamentary Secretary or Political Secretary and, in relation to a State, a person holding a corresponding office in the State or holding office as member (other than an official member) of the Executive Council;

"Merdeka Day"

means the thirty-first day of August, nineteen hundred and fifty-seven;

"Office of profit"

means any whole time office in any of the public services, and includes--

(a) the office of any judge of the Federal Court, of the Court of Appeal or of a High Court; and

(b) the office of Auditor General; and

(c) the office of a member of the Election Commission, of a member (other than an ex officio member) of a Commission to which Part X applies, or of a member (other than an ex officio member) of any corresponding Commission established by the Constitution of a State; and

(d) any other office not specified in Clause (3) of Article 132 which may be declared by Act of Parliament to be an office of profit; 

"Pension rights"

includes superannuation rights and provident fund rights;

"Public authority"

means the Yang di-Pertuan Agong, the Ruler or Yang di-Pertua Negeri of a State, the Federal Government, the Government of a State, a local authority, a statutory authority exercising powers vested in it by federal or State law, any court or tribunal other than the Federal Court, the Court of Appeal and High Courts, or any officer or authority appointed by or acting on behalf of any of those persons, courts, tribunals or authorities;

"Remuneration"

includes salary or wages, allowances, pension rights, free or subsidized housing, free or subsidized transport, and other privileges capable of being valued in money;

"Rule Committee"

(Repealed);

"Ruler"

--(a) in relation to Negeri Sembilan, means the Yang di-Pertuan Besar acting on behalf of himself and the Ruling Chiefs in accordance with the Constitution of that State; and

(b) in the case of any State, includes except in Clause (2) of Article 181 and the Third and Fifth Schedules, any person who in accordance with the Constitution of that State exercises the functions of the Ruler; 

"State"

means a State of the Federation;

"State law"

means--

(a) any existing law relating to a matter with respect to which the Legislature of a State has power to make law, being a law continued in operation under Part XIII; and

(b) a law made by the Legislature of a State; 

"State List"

means the Second List set out in the Ninth Schedule;

"State purposes"

includes, in relation to any State, the purposes of the State in connection with matters enumerated in the Concurrent List and with any other matters with respect to which the Legislature of the State has power to make laws;

"Tax"

includes an impost or a duty but does not include a rate levied for local purposes or a fee for services rendered;

"The Federation"

means the Federation established under the Federation of Malaya Agreement 1957;

"Written law"

includes this Constitution and the Constitution of any State;

"Yang di-Pertua Negeri"

means the Head of State in a State not having a Ruler.

(3) Unless the context otherwise requires, any reference in this Constitution to a specified Part, Article or Schedule is a reference to that Part or Article of, or that Schedule to, this Constitution, any reference to a specified chapter, clause, section or paragraph is a reference to that chapter of the Part, that clause of the Article, that section of the Schedule, or that paragraph of the clause or section, in which the reference occurs; and any reference to a group of Articles, sections or divisions of Articles or sections shall be construed as including both the first and the last member of the group referred to.

(4) Where under this Constitution a person is required to take and subscribe an oath he shall be permitted, if he so desires, to comply with that requirement by making and subscribing an affirmation.

(5) References in this Constitution to the Federation and its States and to the territories of the Federation or any of its States, and to any officer holding office under the Federation or any authority or body in or for the Federation shall be construed--

(a) in relation to any time after the coming into operation of the Federation of Malaya Agreement 1948, and before Merdeka Day, as references to the Federation established under that Agreement, and the States and Settlements comprising it and to the territories of that Federation or any of the States and Settlements comprising it, and to the corresponding officer holding office thereunder or the corresponding authority or body in or for that Federation;

(b) in relation to any time before the coming into operation of the said Agreement (so far as the context admits) as references to such of the countries, territories, offices, authorities or bodies for the construction of references to which provision was made by Clause 135(2) of the said Agreement, as may be appropriate. 

(6) References in this Constitution to any period shall be construed, so far as the context admits, as including references to a period beginning before Merdeka Day.

(7) References in this Constitution to the Federation of Malaya Agreement 1948, shall be construed, except where the context otherwise requires, as references to that Agreement as in force immediately before Merdeka Day.

EXPLANATORY NOTES:

Article 160:

See Article 162(2).

Clause (2):

Definition of "Aborigine": Added by Act 26/1963, section 70, in force from 16-9-1963.

Definition of "Attorney General": Added by Act 26/1963, section 5, in force from 16-9-1963.

Definition of "Borrow": The words "or entering into any arrangement requiring the payment before the due date of any taxes, rates, royalties, fees or any other payments or by entering into any agreement whereby the Government has to repay or refund any benefits that it has enjoyed under that agreement" inserted after "grant of annuities" by Act A31, section 8, in force from 24-3-1971.

Definition of "Casual vacancy": The words "arising in the Senate otherwise than by the expiry of the term of office of a member, or a vacancy" which appeared after "means a vacancy" were deleted by Act 31/1965, subsection 2(2), in force from 1-7-1965.

Definition of "Chief Minister" and "Menteri Besar": The present definition was inserted by Act 26/1963, section 5, in force from 16-9-1963. It was amended by Act 59/1966, section 2, in force from 9-8-1965, by the deletion of the words '(and in particular "Chief Minister" includes the Prime Minister in Singapore)' which appeared at the end. The original definition read as follows:

' "Chief Minister" includes Menteri Besar;'.

Definition of "Civil List": The words "Yang di-Pertua Negeri" substituted for "Governor" by Act A354, section 42, in force from 27-8-1976.

Definition of "Commonwealth country": The present definition was inserted by Act 31/1965, subsection 2(2), in force from 1-7-1965. The earlier definition, as it stood at the date of repeal, read as follows:

' "Commonwealth country" means the United Kingdom, Canada, Australia, New Zealand, India, Pakistan, Ceylon, Ghana, Nigeria, Cyprus, Sierra Leone, Tanganyika and any other country declared by Act of Parliament to be a Commonwealth country and "part of the Commonwealth" means any Commonwealth country, any colony, protectorate or protected state, or any other territory administered by the Government of any Commonwealth country;'.

Definition of "Executive Council": Added by Act 26/1963, section 5, in force from 16-9-1963.

Definition of "Federal law": See Article 162(2).

Definition of "Federal purposes": This definition was inserted by Act 25/1963, section 5, in force from 31-8-1957, and replaced the original definition which read as follows:

' "Federal purposes" includes all purposes in connection with matters with respect to which Parliament has power to make laws otherwise than by virtue of Article 76;'.

Definition of "Federal purposes": The words "of the Constitution" deleted after "Article 76" by Act A31, section 8, in force from 24-3-1971.

Definition of "Governor": Added by Act 26/1963, section 5, in force from 16-9-1963. Act 59/1966, section 2, in force from 9-8-1965, deleted the words "and the Yang di-Pertuan Negara in Singapore" which appeared at the end of the definition and corrected an error in the 1964 Reprint by substituting the words "Yang di-Pertua Negara in Sabah" for "Yang di-Pertuan Negara in Sabah".

Definition of "Governor": Deleted by Act A354, section 41, in force from 27-8-1976. The earlier definition read as follows:

' "Governor" means the Head of State, by whatever style known, in a State not having a Ruler (and in particular includes the Yang di-Pertua Negara in Sabah);'.

Definition of "Legislative Assembly": The present definition was inserted by Act 26/1963, section 5, in force from 16-9-1963; and replaced the original definition which read as follows:

' "Legislative Assembly" except in the Seventh and Eighth Schedules, includes a Council of State;'.

Definition of "Legislative Council": This definition which read as follows was repealed by Act 25/1963, section 8, in force from 29-8-1963:

' "Legislative Council" means the Legislative Council continued under Article 164;'.

Definition of "Local rates": This definition which was added by Act 26/1963, section 70, in force from 16-9-1963, and repealed by Act 59/1966, section 2, in force from 9-8-1965, read as follows:

' "Local rates", in relation to Singapore, includes the property tax levied for local purposes by the State;'.

Definition of "Malay": The words "or in Singapore" which appear after "Federation" (in three places) in paragraph (a) were inserted by Act 26/1963, section 70, in force from 16-9-1963, and the words "religion of Islam" substituted for "Muslim religion" by Act A354, section 45, in force from 27-8-1976;".

Definition of "Member of the administration": Added by Act 26/1963, section 5, in force from 16-9-1963, and amended by Act 19/1964, subsection 5(2), in force from 16-9-1963, by substituting the words "Assistant Minister, Parliamentary Secretary or Political Secretary" for "or Assistant Minister" and by deleting the words "and includes in Singapore political secretaries as well as parliamentary secretaries" which appeared at the end. The words "Deputy Minister" substituted for "Assistant Minister" by Act A31, section 10, in force from 24-3-1971.

Definition of "Office of profit": 1. The present definition was inserted by Act 26/1963, section 5, in force from 16-9-1963. The earlier definition, as it stood at the date of repeal, read as follows:

' "Office of profit" means any whole-time office in any of the public services, and includes the office of the Chief Justice or other judge of the Supreme Court, Auditor General, member of the Election Commission or of any Commission to which Part X applies, and any other office declared by Act of Parliament to be an office of profit;'.

2. Subsection 18(2) of Act A566 provides that a reference to the Federal Court shall now be construed as a reference to the Supreme Court.

3. The words "Federal Court, of the Court of Appeal" substituted for the words "Supreme Court" by Act A885, section 38, in force from 24-6-1994.

Definition of "Public authority": The words "Federal Court and High Courts" were substituted for "Supreme Court" by Act 26/1963, section 70, in force from 16-9-1963. The words "Yang di-Pertua Negeri" substituted for "Governor" by Act A354, section 42, in force from 27-8-1976. Subsequently subsection 18(2) of Act A566 provides that a reference to the Federal Court shall be construed as a reference to the Supreme Court. The words "Federal Court, the Court of Appeal" substituted for the words "Supreme Court" by Act A885, section 38, in force from 24-6-1994.

Definition of "Rule Committee": This definition which read as follows was repealed by Act 26/1963, section 70, in force from 16-9-1963:

' "Rule Committee" means the Rule Committee or other authority having power under written law to make rules or orders regulating the practice and procedure of the Supreme Court;'.

Definition of "State purposes": Added by Act 25/1963, subsection 5(2), in force from 31-8-1957.

Definition of "Yang di-Pertua Negeri": Inserted by Act A354, section 41, in force from 27-8-1976.

Article 160(7):

Added by Act 59/1966, section 2, in force from 9-8-1965.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/160a.Reprint of the Constitution

160a. Reprint of the Constitution

The authority appointed under federal law for the purpose of revising laws may, with consent of the Yang di-Pertuan Agong, authorize the printing of copies of this Constitution, including all amendments in force at the date of such authorization; and any copy of this Constitution so printed shall be deemed for all purposes to be a true and correct copy of the Federal Constitution.

EXPLANATORY NOTES:

Article 160a:

This new Article was inserted by Act A1130, section 12, in force from 28-9-2001.

At the moment, the Federal Constitution is reprinted from time to time under the authority of the Commissioner of Law Revision pursuant to the Revision of Laws Act 1968. In view of the status of the Federal Constitution as the supreme law of the Federation, it is only proper that specific provision for such reprint be included in the Constitution itself.

Note:

Any copy of a reprint of the Federal Constitution under the Revision of Laws Act 1968 [Act 1] which is deemed to be the authentic text of the Federal Constitution under that Act shall continue to be such authentic text until the coming into existence of copies of the Federal Constitution printed under Article 160a as inserted into the Federal Constitution by Act A1130.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/160b.Authoritative text

160b. Authoritative text

Where this Constitution has been translated into the national language, the Yang di-Pertuan Agong may prescribe such national language text to be authoritative, and thereafter if there is any conflict or discrepancy between such national language text and the English language text of this Constitution, the national language text shall prevail over the English language text.

EXPLANATORY NOTES:

Article 160b:

This new Article was also inserted by Act A1130, section 12, in force from 28-9-2001, to enable the Yang di-Pertuan Agong to prescribe the national language translation of the Federal Constitution to be the authoritative text.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/161.Use of English and of native languages in States of Sabah and Sarawak

Part XIIA ADDITIONAL PROTECTIONS FOR STATES OF SABAH AND SARAWAK

161. Use of English and of native languages in States of Sabah and Sarawak

(1) No Act of Parliament terminating or restricting the use of the English language for any of the purposes mentioned in Clauses (2) to (5) of Article 152 shall come into operation as regards the use of the English language in any case mentioned in Clause (2) of this Article until ten years after Malaysia Day.

(2) Clause (1) applies--

(a) to the use of the English language in either House of Parliament by a member for or from the State of Sabah or Sarawak; and

(b) to the use of the English language for proceedings in the High Court in Sabah and Sarawak or in a subordinate court in the State of Sabah or Sarawak, or for such proceedings in the Federal Court or the Court of Appeal as are mentioned in Clause (4); and

(c) to the use of the English language in the State of Sabah or Sarawak in the Legislative Assembly or for other official purposes (including the official purposes of the Federal Government). 

(3) Without prejudice to Clause (1), no such Act of Parliament as is there mentioned shall come into operation as regards the use of the English language for proceedings in the High Court in Sabah and Sarawak or for such proceedings in the Federal Court or the Court of Appeal as are mentioned in Clause (4), until the Act or the relevant provision of it has been approved by enactments of the Legislatures of the States of Sabah and Sarawak; and no such Act shall come into operation as regards the use of the English language in the State of Sabah or Sarawak in any other case mentioned in paragraph (b) or (c) of Clause (2), until the Act or the relevant provision of it has been approved by an enactment of the Legislature of that State.

(4) The proceedings in the Federal Court or the Court of Appeal referred to in Clauses (2) and (3) are any proceedings on appeal from the High Court in Sabah and Sarawak or a judge thereof, and any proceedings under Clause (2) of Article 128 for the determination of a question which has arisen in proceedings before the High Court in Sabah and Sarawak or a subordinate court in the State of Sabah or Sarawak.

(5) Notwithstanding anything in Article 152, in the State of Sabah or Sarawak a native language in current use in the State may be used in native courts or for any code of native law and custom, and in the case of Sarawak, until otherwise provided by enactment of the Legislature, may be used by a member addressing the Legislative Assembly or any committee thereof.

EXPLANATORY NOTES:

Article 161:

The present Article was inserted by Act 26/1963, section 61, in force from 16-9-1963. The original Article which read as follows was repealed by Act 25/1963, section 8, in force from 29-8-1963:

"161. Except as otherwise expressly provided, this Constitution shall come into operation on Merdeka Day.".

Shoulder Note: The words "States of Sabah and Sarawak" substituted for "Borneo States" by Act A514, section 19, in force from 27-8-1976.

Clauses (2), (3), (4) and (5): The words "the State of Sabah or Sarawak" substituted for "a Borneo State" by Act A514, section 19, in force from 27-8-1976.

Clause (3): The words "the States of Sabah and Sarawak" substituted for "the Borneo States" by Act A354, section 43, in force from 27-8-1976.

Subsection 18(2) of Act A566, in force from 1-1-1985, provides that a reference to the Federal Court shall now be construed as a reference to the Supreme Court.

Article 161(4):

Subsection 18(2) of Act A566 provides that a reference to the Federal Court shall now be construed as a reference to the Supreme Court.

Articles 161(2)(a), (3) & (4):

The words "Sabah and Sarawak" and "Federal Court or the Court of Appeal" substituted respectively for the words "Borneo" and "Supreme Court" by Act A885, section 39, in force from 24-6-1994.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/161a.Special position of natives of States of Sabah and Sarawak

161a. Special position of natives of States of Sabah and Sarawak

(1) (Repealed).

(2) (Repealed).

(3) (Repealed).

(4) The Constitutions of the States of Sabah and Sarawak may make provision corresponding (with the necessary modifications) to Article 153.

(5) Article 89 shall not apply to the State of Sabah or Sarawak, and Article 8 shall not invalidate or prohibit any provision of State law in the State of Sabah or Sarawak for the reservation of land for natives of the State or for alienation to them, or for giving them preferential treatment as regards the alienation of land by the State.

(6) In this Article "native" means--

(a) in relation to Sarawak, a person who is a citizen and either belongs to one of the races specified in Clause (7) as indigenous to the State or is of mixed blood deriving exclusively from those races; and

(b) in relation to Sabah, a person who is a citizen, is the child or grandchild of a person of a race indigenous to Sabah, and was born (whether on or after Malaysia Day or not) either in Sabah or to a father domiciled in Sabah at the time of the birth. 

(7) The races to be treated for the purposes of the definition of "native" in Clause (6) as indigenous to Sarawak are the Bukitans, Bisayahs, Dusuns, Sea Dayaks, Land Dayaks, Kadayans, Kalabits, Kayans, Kenyahs (including Sabups and Sipengs), Kajangs (including Sekapans, Kejamans, Lahanans, Punans, Tanjongs and Kanowits), Lugats, Lisums, Malays, Melanos, Muruts, Penans, Sians, Tagals, Tabuns and Ukits.

EXPLANATORY NOTES:

Article 161a:

1. Added by Act 26/1963, section 62, in force from 16-9-1963.

2. See Article 89(7).

3. Clauses (1), (2) and (3) which were repealed by Act A30, section 8, in force from 10-3-1971, read as follows:

"Special position of natives of Borneo States

161a. (1) Subject to Clause (2), the provisions of Clauses (2) to (5) of Article 153, so far as they relate to the reservation of positions in the public service, shall apply in relation to natives of any of the Borneo States as they apply in relation to Malays.

(2) In a Borneo State Article 153 shall have effect with the substitution of references to natives of the State for the references to Malays, but as regards scholarships, exhibitions and other educational or training privileges and facilities Clause (2) of that Article shall not require the reservation of a fixed proportion for natives.

(3) Before advice is tendered to the Yang di-Pertuan Agong as to the exercise of his powers under Article 153 in relation to a Borneo State, the Chief Minister of the State in question shall be consulted.".

Clause (4): The words "with the changes made by Clause (2)" deleted after "Article 153" by Act A30, section 8, in force from 10-3-1971; and the words "States of Sabah and Sarawak" substituted for "Borneo States" by Act A514, section 19, in force from 27-8-1976.

Shoulder Note and Clause (5): The words "the State of Sabah or Sarawak" substituted for "a Borneo State" by Act A514, section 19, in force from 27-8-1976.

Note:

1. Clause (5) of Article 161 of the Constitution shall, in so far as it relates to the use of a native language in native courts or for any code of native law and customs, apply in the Federal Territory of Labuan in the like manner that it applies in the State of Sabah.

2. The reference in Clause (6)(b) of Article 161a of the Constitution to "Sabah" shall be construed as including a reference to the Federal Territory of Labuan. [See Act A585].

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/161b.Restriction on extension to non-residents of right to practise before courts in States of Sabah and Sarawak

161b. Restriction on extension to non-residents of right to practise before courts in States of Sabah and Sarawak

(1) In so far as any provision made by or under an Act of Parliament, by removing or altering a residence qualification, confers a right to practise before a court in the States of Sabah and Sarawak or either of them on persons not previously having the right, that provision shall not come into operation until adopted in the States or State in question by an enactment of the legislature.

(2) This Article shall apply to the right to practise before the Federal Court or the Court of Appeal when sitting in the States of Sabah and Sarawak and entertaining proceedings on appeal from the High Court in Sabah and Sarawak or a judge thereof or proceedings under Clause (2) of Article 128 for the determination of a question which has arisen in proceedings before the High Court in Sabah and Sarawak or a subordinate court in the State of Sabah or Sarawak.

EXPLANATORY NOTES:

Article 161b:

1. Added by Act 26/1963, section 63, in force from 16-9-1963.

2. Shoulder Note: The words "States of Sabah and Sarawak" substituted for "Borneo States" by Act A514, section 19, in force from 27-8-1976.

3. Clauses (1) and (2): The words "State of Sabah and Sarawak" substituted for "Borneo States" and "the State of Sabah or Sarawak" substituted for "a Borneo State" by Act A514, section 19, in force from 27-8-1976.

4. Subsection 18(2) of Act A566 provides that a reference to the Federal Court shall now be construed as a reference to the Supreme Court.

5. In Clause (2), the words "Federal Court or the Court of Appeal" and "Sabah and Sarawak" substituted respectively for the words "Supreme Court" and "Borneo" by Act A885, section 40, in force from 24-6-1994.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/161c.Restriction on extension to non-residents of right to practise before courts in States of Sabah and Sarawak

161c. Restriction on extension to non-residents of right to practise before courts in States of Sabah and Sarawak

(Repealed).

EXPLANATORY NOTES:

Article 161c:

Added by Act 26/1963, section 64, in force from 16-9-1963; and repealed by Act A354, section 46, in force from 27-8-1976, read as follows:

"Muslims Education in Borneo State

161c. (1) No Act of Parliament which provides as respects a Borneo State for special financial aid for the establishment or maintenance of Muslim institutions or the instruction in the Muslim religion of persons professing that religion shall be passed without the consent of the Governor.

(2) Where under any provision of federal law not having effect as respects Sabah, or not having effect as respects Sarawak, any such aid as aforesaid is given by way of grant out of public funds in any year, there shall be paid by the Federation to the Government of Sabah or Sarawak, as the case may be, and applied for social welfare purposes in that State, amounts which bear to the revenue derived by the Federation from that State in the year the same proportion as the grant bears to the revenue derived by the Federation from other States in that year.

(3) For the purposes of Clause (2) the revenue derived by the Federation from any State or States shall be the amount after deduction of any sums assigned to States under Article 110 or the Tenth Schedule; and there shall be disregarded any contributions received by the Federation out of the proceeds of lotteries conducted by the Social and Welfare Services Lotteries Board together with any amounts applied to such aid as aforesaid out of or by reference to those contributions.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/161d.Restriction on extension to non-residents of right to practise before courts in States of Sabah and Sarawak

161d. Restriction on extension to non-residents of right to practise before courts in States of Sabah and Sarawak

(Repealed).

EXPLANATORY NOTES:

Article 161d:

Added by Act 26/1963, section 65, in force from 16-9-1963; and repealed by Act A354, section 46, in force from 27-8-1976, read as follows:

"Freedom of religion

161d. Notwithstanding Clause (4) of Article 11, there may be included in the Constitution of a Borneo State provision that an enactment of the State Legislature controlling or restricting the propagation of any religious doctrine or belief among persons professing the Muslim religion shall not be passed unless it is agreed to in the Legislative Assembly on second or third reading or on both by a specified majority, not being a majority greater than two-thirds of the total number of members of the Assembly.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/161e.Safeguards for constitutional position of States of Sabah and Sarawak

161e. Safeguards for constitutional position of States of Sabah and Sarawak

(1) As from the passing of the Malaysia Act no amendment to the Constitution made in connection with the admission to the Federation of the State of Sabah or Sarawak shall be excepted from Clause (3) of Article 159 by Clause (4)(bb) of that Article; nor shall any modification made as to the application of the Constitution to the State of Sabah or Sarawak be so excepted unless the modification is such as to equate or assimilate the position of that State under the Constitution to the position of the States of Malaya.

(2) No amendment shall be made to the Constitution without the concurrence of the Yang di-Pertua Negeri of the State of Sabah or Sarawak or each of the States of Sabah and Sarawak concerned, if the amendment is such as to affect the operation of the Constitution as regards any of the following matters:

(a) the right of persons born before Malaysia Day to citizenship by reason of a connection with the State, and (except to the extent that different provision is made by the Constitution as in force on Malaysia Day) the equal treatment, as regards their own citizenship and that of others, of persons born or resident in the State and of persons born or resident in the States of Malaya;

(b) the constitution and jurisdiction of the High Court in Sabah and Sarawak and the appointment, removal and suspension of judges of that court;

(c) the matters with respect to which the Legislature of the State may (or Parliament may not) make laws, and the executive authority of the State in those matters, and (so far as related thereto) the financial arrangements between the Federation and the State;

(d) religion in the State, the use in the State or in Parliament of any language and the special treatment of natives of the State;

(e) the allocation to the State, in any Parliament summoned to meet before the end of August 1970, of a quota of members of the House of Representatives not less, in proportion to the total allocated to the other States which are members of the Federation on Malaysia Day, than the quota allocated to the State on that Day. 

(3) No amendment to the Constitution which affects its operation as regards the quota of members of the House of Representatives allocated to the State of Sabah or Sarawak shall be treated for purposes of Clause (1) as equating or assimilating the position of that State to the position of the States of Malaya.

(4) In relation to any rights and powers conferred by federal law on the Government of the State of Sabah or Sarawak as regards entry into the State and residence in the State and matters connected therewith (whether or not the law is passed before Malaysia Day) Clause (2) shall apply, except in so far as the law provides to the contrary, as if the law had been embodied in the Constitution and those rights and powers had been included among the matters mentioned in paragraphs (a) to (e) of that Clause.

(5) In this Article "amendment" includes addition and repeal.

EXPLANATORY NOTES:

Article 161e:

1. Added by Act 26/1963, section 66, in force from 16-9-1963.

2. See Articles 159(1), (4)(bb), 159a.

3. Shoulder Note and Clause (1): The words "States of Sabah and Sarawak" substituted for "Borneo States" and "the State of Sabah or Sarawak" substituted for "a Borneo State" by Act A514, section 19, in force from 27-8-1976.

4. Clause (2): The words "Yang di-Pertua Negeri" substituted for "Governor" by Act A354, section 42, in force from 27-8-1976 and "State of Sabah and Sarawak" substituted for "Borneo States" by Act A514, section 19, in force from 27-8-1976.

5. Clause (2)(b): The words "Sabah and Sarawak" substituted for the word "Borneo" by Act A885, section 41, in force from 24-6-1994.

Clauses (3) and (4): The words "State of Sabah or Sarawak" substituted for "a Borneo State" by Act A514, section 19, in force from 27-8-1976.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/161f.Safeguards for constitutional position of States of Sabah and Sarawak

161f. Safeguards for constitutional position of States of Sabah and Sarawak

(Repealed).

EXPLANATORY NOTES:

Article 161f:

These Articles which read as follows were added by Act 26/1963, sections 67, 68 and 69, in force from 16-9-1963, and were repealed by Act 59/1966, section 2, in force from 9-8-1965:

'161f. Notwithstanding anything in Article 152, until otherwise provided by enactment of the Legislature of Singapore, the English, Mandarin and Tamil languages may be used in the Legislative Assembly of Singapore, and the English language may be used for the authoritative texts of all Bills to be introduced or amendments thereto to be moved in that Assembly, and of all enactments of that Legislature, and of all subsidiary legislation issued by the government of Singapore.'.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/161g.Safeguards for constitutional position of States of Sabah and Sarawak

161g. Safeguards for constitutional position of States of Sabah and Sarawak

(Repealed).

EXPLANATORY NOTES:

Article 161g:

These Articles which read as follows were added by Act 26/1963, sections 67, 68 and 69, in force from 16-9-1963, and were repealed by Act 59/1966, section 2, in force from 9-8-1965:

'161g. Nothing in Clause (2) of Article 8 or Clause (1) of Article 12 shall prohibit or invalidate any provision of State law in Singapore for the advancement of Malays; but there shall be no reservation for Malays in accordance with Article 153 of positions in the public service to be filled by recruitment in Singapore, or of permits or licences for the operation of any trade or business in Singapore.'.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/161h.Safeguards for constitutional position of States of Sabah and Sarawak

161h. Safeguards for constitutional position of States of Sabah and Sarawak

(Repealed).

EXPLANATORY NOTES:

Article 161h:

These Articles which read as follows were added by Act 26/1963, sections 67, 68 and 69, in force from 16-9-1963, and were repealed by Act 59/1966, section 2, in force from 9-8-1965:

'161h. (1) No amendment shall be made to the Constitution without the concurrence of the Governor if the amendment is such as to affect the operation of the Constitution in relation to Singapore as regards any of the following matters:

(a) citizenship of Singapore, and the restriction to citizens of Singapore of the right to be a member of either House of Parliament for or from Singapore, or to be a member of the Legislative Assembly of Singapore; or to vote at elections in Singapore; (b) the constitution and jurisdiction of the High Court in Singapore and the appointment, removal and suspension of judges of that court; (c) the matters with respect to which the Legislature of the State may (or Parliament may not) make laws, the executive authority of the State in those matters, the borrowing powers of the State and the financial arrangements between the Federation and the State; (d) the discharge of functions of the Public Services Commission or of the Judicial and Legal Service Commission by a branch established for the State, and the constitution of any such branch; (e) religion in the State, the use in the State or in Parliament of any language and the special position of the Malays in Singapore; (f) the allocation to the State, in any Parliament summoned to meet before the end of August 1970, of a quota of members of the House of Representatives not less, in proportion to the total allocated to the other States which are members of the Federation on Malaysia Day, than the quota allocated to the State on that day.

(2) In this Article "amendment" includes addition and repeal.'.

EXPLANATORY NOTES:

Part XIIa:

The heading "AND SINGAPORE" deleted after "BORNEO STATES" by Act 59/1966, Schedule section 2, in force from 19-9-1966, and the "States of Sabah and Sarawak" substituted for "Borneo States" by Act A514, section 19, in force from 27-8-1976.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/162.Existing laws

Part XIII TEMPORARY AND TRANSITIONAL PROVISIONS

162. Existing laws

(1) Subject to the following provisions of this Article and Article 163, the existing laws shall, until repealed by the authority having power to do so under this Constitution, continue in force on and after Merdeka Day, with such modifications as may be made therein under this Article and subject to any amendments made by federal or State law.

(2) Where any State law amends or repeals an existing law made by the Legislature of a State, nothing in Article 75 shall invalidate the amendment or repeal by reason only that the existing law, relating to a matter with regard to which Parliament as well as the Legislature of a State has power to make laws, is federal law as defined by Article 160.

(3) References in any existing law to the Federation established by the Federation of Malaya Agreement 1948, and its territories, and to any officer holding office under that Federation or to any authority or body constituted in or for that Federation (including any references falling to be construed as such references by virtue of Clause 135 of the said Agreement) shall be construed, in relation to any time on and after Merdeka Day, as references to the Federation (that is to say, the Federation established under the Federation of Malaya Agreement 1957) and its territories and to the corresponding officer, authority or body respectively; and the Yang di-Pertuan Agong may by order declare what officer, authority or body is to be taken for the purposes of this Clause to correspond to any officer, authority or body referred to in any existing law.

(4) (Repealed).

(5) Any order made under Clause (4) may be amended or repealed by the authority having power to make laws with respect to the matter to which the order relates.

(6) Any court or tribunal applying the provision of any existing law which has not been modified on or after Merdeka Day under this Article or otherwise may apply it with such modifications as may be necessary to bring it into accord with the provisions of this Constitution.

(7) In this Article "modification" includes amendment, adaptation and repeal.

EXPLANATORY NOTES:

Article 162(3):

The words "and to any officer holding office" substituted for "and of any officer holding office" by Act A31, section 9, in force from 24-3-1971.

Article 162(4):

This Clause which read as follows was repealed by Act 25/1963, section 8, in force from 29-8-1963, the repeal to be without prejudice to the operation of any order made under the Clause:

"(4) The Yang di-Pertuan Agong may, within a period of two years beginning with Merdeka Day, by order make such modifications in any existing law, other than the Constitution of any State, as appear to him necessary or expedient for the purpose of bringing the provisions of that law into accord with the provisions of this Constitution; but before making any such order in relation to a law made by the Legislature of a State he shall consult the Government of that State.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/163.Existing laws

163. Existing laws

(Repealed).

EXPLANATORY NOTES:

Article 163:

1. These Articles which read as follows were repealed by Act 25/1963, section 8, in force from 29-8-1963:

"163. (1) The Emergency Regulations Ordinance 1948, and all subsidiary legislation made thereunder shall, if not sooner ended by a Proclamation under Clause (2), cease to have effect on the expiration of one year beginning with Merdeka Day or, if continued under this Article, on the expiration of a period of one year from the date on which it would have ceased to have effect but for the continuation or last continuation.

(2) The Yang di-Pertuan Agong may at any time repeal the said Ordinance and any subsidiary legislation made thereunder by a Proclamation declaring that the need for the Ordinance has ended.

(3) The said Ordinance and subsidiary legislation may be continued from time to time by a resolution of each House of Parliament.

(4) While the said Ordinance continues in force any subsidiary legislation which could have been made thereunder immediately before Merdeka Day may be validly made thereunder notwithstanding that it is inconsistent with any provision of this Constitution, and Parliament may, notwithstanding anything in this Constitution, by law amend or repeal any provision thereof.".

2. There is a reference to repealed Article 163 in Article 162(1).

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/164.Existing laws

164. Existing laws

(Repealed).

EXPLANATORY NOTES:

Article 164:

These Articles which read as follows were repealed by Act 25/1963, section 8, in force from 29-8-1963:

"164. (1) The Legislative Council established under the Federation of Malaya Agreement 1948, shall remain in being on and after Merdeka Day and shall not be dissolved before the first day of January, nineteen hundred and fifty-nine.

(2) If the Election Commission advises the Yang di-Pertuan Agong that it is not reasonably practicable to hold elections to Parliament in accordance with this Constitution before the first day of July, nineteen hundred and fifty-nine, the Yang di-Pertuan Agong may at any time after the first day of January, nineteen hundred and fifty-nine, by Proclamation continue the Legislative Council until such date, not being later than the end of that year, as may be specified in the Proclamation, and the Legislative Council shall continue accordingly and shall stand dissolved on that date.

(3) Until the dissolution of the Legislative Council Chapters 4 and 5 of Part IV shall not apply, and the powers of Parliament under this Constitution shall be exercisable by the Yang di-Pertuan Agong with the advice and consent of the Legislative Council; and accordingly, in relation to the period ending with the dissolution of the Legislative Council, references in this Constitution, other than references in Article 159, to Parliament, either or both Houses of Parliament and an Act of Parliament shall be construed respectively as references to the Yang di-Pertuan Agong with the advice and consent of the Legislative Council, the Legislative Council and an Ordinance enacted by the Yang di-Pertuan Agong with the advice and consent of that Council.

(4) Until the dissolution of the Legislative Council the provisions of the Federation of Malaya Agreement 1948, set out in the first column of the Twelfth Schedule shall continue in force, subject to the modifications set out in the second column of that Schedule and to the following further modifications, that is to say--

(a) for references to a Malay State or a Settlement there shall be substituted references to a State; (b) for references to the High Commissioner there shall be substituted references to the Yang di-Pertuan Agong; and (c) for references to the Federal Executive Council there shall be substituted references to the Cabinet, and Article 61 shall apply with the necessary modifications.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/165.Existing laws

165. Existing laws

(Repealed).

EXPLANATORY NOTES:

Article 165:

These Articles which read as follows were repealed by Act 25/1963, section 8, in force from 29-8-1963:

"165. (1) Subject to Clause (4), Part VII shall not come into operation until the first day of January nineteen hundred and fifty-nine, or such earlier date as may be provided by or under federal law.

(2) Until the coming into operation of Part VII, provisions of Part XI of and the Third, Fourth and Fifth Schedules to the Federation of Malaya Agreement 1948, shall continue in force, but with the following modifications, that is to say--

(a) references to a Malay State or a Settlement shall be construed as references to a State; (b) references to the High Commissioner and to the High Commissioner in Council shall be construed as references to the Yang di-Pertuan Agong; (c) references to the Government of a Settlement shall be deleted; and (d) references to a Settlement Council shall be construed as references to a Council of State.

(3) Until the coming into operation of Part VII, any moneys which under this Constitution (including Part VII) are charged on the Consolidated Fund shall be charged on the revenues of the Federation, and payment thereof shall be made by virtue of this clause without further authority of federal law.

(4) Notwithstanding anything in Clause (1), the following provision of Part VII shall come into operation on Merdeka Day, that is to say, Articles 96, 105 to 107 and 111.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/166.Succession to property

166. Succession to property

(1) (Repealed).

(2) (Repealed).

(3) Any land vested in the State of Malacca or the State of Penang which immediately before Merdeka Day was occupied or used by the Federation Government or Her Majesty's Government or by any public authority for purposes which in accordance with the provisions of this Constitution become federal purposes shall on and after that day be occupied, used, controlled and managed by the Federal Government or, as the case may be, the said public authority, so long as it is required for federal purposes, and--

(a) shall not be disposed of or used for any purposes other than federal purposes without the consent of the Federal Government; and

(b) shall not be used for federal purposes different from the purposes for which it was used immediately before Merdeka Day without the consent of the Government of the State. 

(4) (Repealed).

(5) (Repealed).

(6) (Repealed).

(7) (Repealed).

(8) Any property which was, immediately before Merdeka Day, liable to escheat to Her Majesty in respect of the Government of Malacca or the Government of Penang shall on that day be liable to escheat to the State of Malacca or the State of Penang, as the case may be.

EXPLANATORY NOTES:

Articles 166(1) & (2):

These Clauses which read as follows were repealed by Act 25/1963, section 8, in force from 29-8-1963:

"(1) Subject to the provisions of this Article, all property and assets which immediately before Merdeka Day were vested in Her Majesty for the purposes of the Federation or of the colony or Settlement of Malacca or the colony or Settlement of Penang, shall on Merdeka Day vest in the Federation or the State of Malacca or the State of Penang, as the case may be.

(2) Any land in the State of Malacca or the State of Penang which immediately before Merdeka Day was vested in Her Majesty shall on that day vest in the State of Malacca or the State of Penang, as the case may be.".

Articles 166(4)-(7):

These Clauses which read as follows were repealed by Act 25/1963, section 8, in force from 29-8-1963:

"(4) Any State land which, immediately before Merdeka Day, was occupied or used, without being reserved, by the Federation Government for purposes which become federal purposes on that day, shall on that day be reserved for those federal purposes.

(5) All property and assets which immediately before Merdeka Day were vested in the Federation Government or some other person on its behalf for purposes which on that day continue to be federal purposes, shall on that day vest in the Federation.

(6) Property and assets which immediately before Merdeka Day were vested in the Federation Government or some person on its behalf for purposes which on that day become purposes of any State shall on that day vest in that State.

(7) Property and assets other than land which immediately before Merdeka Day were used by a State for purposes which on that day become federal purposes shall on that day vest in the Federation.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/167.Rights, liabilities and obligations

167. Rights, liabilities and obligations

(1) (Repealed).

(2) (Repealed).

(3) (Repealed).

(4) (Repealed).

(5) (Repealed).

(6) The Attorney General shall, on the application of any party interested in any legal proceedings, other than proceedings between the Federation and a State, certify whether any right, liability or obligation is by virtue of this Article a right, liability or obligation of the Federation or of a State named in the certificate, and any such certificate shall for the purposes of those proceedings be final and binding on all courts, but shall not operate to prejudice the rights and obligations of the Federation and any State as between themselves.

(7) The Federation shall make the like annual payments as fell to be made before Merdeka Day under Article II of the Treaty made on the sixth day of May, eighteen hundred and sixty-nine, between Her Majesty of the one part and the King of Siam of the other part relative to the State of Kedah.

EXPLANATORY NOTES:

Articles 167(1) - (5):

These Clauses which read as follows were repealed by Act 25/1963, section 8, in force from 29-8-1963:

"167. (1) Subject to the provisions of this Article, all rights, liabilities and obligations of--

(a) Her Majesty in respect of the government of the Federation; and (b) the Government of the Federation or any public officer on behalf of the Government of the Federation,

shall on and after Merdeka Day be the rights, liabilities and obligations of the Federation.

(2) Subject to the provisions of this Article, all rights, liabilities and obligations of--

(a) Her Majesty in respect of the government of Malacca or the government of Penang; (b) His Highness the Ruler in respect of the government of any State; and (c) the Government of any State,

shall on and after Merdeka Day be the rights, liabilities and obligations of the respective States.

(3) All rights, liabilities and obligations relating to any matter which was immediately before Merdeka Day the responsibility of the Federation Government but which on that date becomes the responsibility of the Government of a State, shall on that day devolve upon that State.

(4) All rights, liabilities and obligations relating to any matter which was immediately before Merdeka Day the responsibility of the Government of a State but which on that day becomes the responsibility of the Federal Government, shall on that day devolve upon the Federation.

(5) In this Article, rights, liabilities and obligations include rights, liabilities and obligations arising from contract or otherwise, other than rights to which Article 166 applies.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/168.Rights, liabilities and obligations

168. Rights, liabilities and obligations

(Repealed).

EXPLANATORY NOTES:

Article 168:

This Article which read as follows was repealed by Act 25/1963, section 8, in force from 29-8-1963:

"168. (1) Subject to the provisions of this Article, any legal proceedings pending in any court immediately before Merdeka Day in which Her Majesty or any servant of Her Majesty is a party in respect of the colony or Settlement of Malacca or the colony or Settlement of Penang shall continue on and after Merdeka Day with the State of Malacca or the State of Penang, as the case may be, substituted as a party.

(2) Subject to the provisions of this Article, any legal proceedings pending in any court immediately before Merdeka Day in which the Federation Government or a State Government or any officer of either Government is a party shall continue on and after Merdeka Day with the Federation or, as the case may be, the State substituted as a party.

(3) Any legal proceedings pending in any court immediately before Merdeka Day in which the Federation Government or any officer thereof is a party shall, if the subject matter falls within the executive authority of a State, be continued on and after that day with that State substituted as a party.

(4) Any legal proceedings pending in any court immediately before Merdeka Day in which a State or any officer thereof is a party shall, if the subject matter falls within the executive authority of the Federation, be continued on and after that day with the Federation substituted as a party.

(5) The Attorney General shall, on the application of any party to any proceedings referred to in this Article, certify whether the Federation or a State is in accordance with this Article to be substituted as a party in those proceedings, and any such certificate shall, for the purpose of those proceedings, be final and binding on all courts, but shall not operate to prejudice the rights and obligations of the Federation and any State as between themselves.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/169.International agreements, etc., made before Merdeka Day

169. International agreements, etc., made before Merdeka Day

For the purposes of Clause (1) of Article 76--

(a) any treaty, agreement or convention entered into before Merdeka Day between Her Majesty or her predecessors or the Government of the United Kingdom on behalf of the Federation or any part thereof and another country shall be deemed to be a treaty, agreement or convention between the Federation and that other country;

(b) any decision taken by an international organization and accepted before Merdeka Day by the Government of the United Kingdom on behalf of the Federation or any part thereof shall be deemed to be a decision of an international organization of which the Federation is a member;

(c) in relation to the States of Sabah and Sarawak paragraphs (a) and (b) shall apply with the substitution of references to Malaysia Day for the references to Merdeka Day and of references to the territories comprised in those States or any of them for the references to the Federation or any part thereof. 

EXPLANATORY NOTES:

Article 169(c):

1. Added by Act 26/1963, section 41, in force from 16-9-1963.

2. The words "and to Singapore" which appeared after "Borneo States" were deleted by Act 59/1966, section 2, in force from 9-8-1965.

3. The words "States of Sabah and Sarawak" substituted for "Borneo States" by Act A514, section 19, in force from 27-8-1976.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/170.International agreements, etc., made before Merdeka Day

170. International agreements, etc., made before Merdeka Day

(Repealed).

EXPLANATORY NOTES:

Article 170:

This Article which read as follows was repealed by Act 25/1963, section 8, in force from 29-8-1963:

"170. (1) Subject to the provisions of this Article, any person who, immediately before Merdeka Day, was qualified to make application for registration as a citizen of the Federation under Clause 126 of the Federation of Malaya Agreement 1948, shall be entitled, upon making application to the registration authority within the period of one year beginning with that day, to be registered as a citizen.

(2) A person who has absented himself from the Federation for a continuous period of five years within the ten years immediately preceding his application under this Article shall not be entitled to be registered thereunder unless it is certified by the Federal Government that he has maintained substantial connection with the Federation during that period.

(3) This Article shall be construed as one with Part III; and Articles 18 and 26 shall apply in relation to registration under this Article, and to persons registered as citizens thereunder, as they apply in relation to registration under Article 16 and to persons registered under that Article.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/171.International agreements, etc., made before Merdeka Day

171. International agreements, etc., made before Merdeka Day

(Repealed).

EXPLANATORY NOTES:

Article 171:

1. This Article which read as follows was repealed by Act 25/1963, section 8, in force from 29-8-1963, the repeal to be without prejudice to the operation of any law referring to the number of constituencies specified in Clause (2):

"171. (1) Article 116 shall not apply to the first election to the House of Representatives, but for that election the Federation shall be divided into constituencies by dividing into two constituencies each of the constituencies delimited for the purpose of elections to the Legislative Council under the Federation of Malaya Agreement 1948.

(2) The number of constituencies for the purpose of the first elections to be held after Merdeka Day to the Legislative Assemblies of the several States shall be as set out in the following Table, and those constituencies shall be delimited by dividing the constituencies delimited for the purpose of the first election to the House of Representatives.

Table

Johore. . . . . . 32 Penang . . . . . . 24 Kedah. . . . . . 24 Perak . . . . . . 40 Kelantan. . . . . . 30 Perlis . . . . . . 12 Malacca. . . . . . 20 Selangor . . . . . . 28 Negeri Sembilan . . 24 Terengganu . . . . . . 24 .". Pahang. . . . . . 24

2. See 8th Schedule section 21(1).

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/172.International agreements, etc., made before Merdeka Day

172. International agreements, etc., made before Merdeka Day

(Repealed).

EXPLANATORY NOTES:

Article 172:

This Article which read as follows was repealed by Act 25/1963, section 8, in force from 29-8-1963, the repeal to be without prejudice to the continuance of any court referred to in the Article:

"172. The Supreme Court in existence immediately before Merdeka Day shall be the Supreme Court for the purposes of this Constitution; and, without prejudice to the generality of Article 162, any other court then exercising jurisdiction and functions shall, until federal law otherwise provides, continue to exercise them.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/173.International agreements, etc., made before Merdeka Day

173. International agreements, etc., made before Merdeka Day

(Repealed).

EXPLANATORY NOTES:

Article 173:

This Article which read as follows was repealed by Act 25/1963, section 8, in force from 29-8-1963:

"173. Any appeal or application for leave to appeal from the Supreme Court to Her Majesty in Council which is pending immediately before Merdeka Day shall on and after Merdeka Day be treated as an appeal or application for leave to appeal under Article 131.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/174International agreements, etc., made before Merdeka Day

174 International agreements, etc., made before Merdeka Day

(Repealed).

EXPLANATORY NOTES:

Article 174:

This Article which read as follows was repealed by Act 26/1963, section 70, in force from 16-9-1963:

"174. (1) The Chief Justice and other judges of the Supreme Court holding office immediately before Merdeka Day shall, notwithstanding anything in Article 123, be the Chief Justice and the other judges of the Supreme Court on that day and shall hold office on terms and conditions not less favourable than those applicable to them immediately before that day.

(2) The person holding the office of Attorney General immediately before Merdeka Day shall continue to hold that office on terms and conditions not less favourable than those applicable to him immediately before Merdeka Day and shall, notwithstanding anything in Article 123, be qualified for appointment as a judge of the Supreme Court.

(3) A person who immediately before Merdeka Day was a member of the judicial and legal service of the Federation and would be qualified for appointment as a judge of the Supreme Court if he were a citizen shall be so qualified notwithstanding that he is not a citizen.

(4) A person may, within a period of ten years beginning with Merdeka Day, be appointed to be a judge of the Supreme Court notwithstanding that he is not qualified for appointment under Article 123 if he is and has been for not less than five years qualified to practise as an advocate in a court in any Commonwealth country having unlimited jurisdiction in civil or criminal matters; and a person appointed by virtue of this Clause may be appointed for a fixed period (whether expiring before or after he attains the age of sixty-five).

(5) Without prejudice to the generality of Article 162, nothing in Part IX shall be taken to affect the provisions of the existing law relating to the sitting in the Supreme Court of judges from countries outside the Federation.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/175.Director of Audit to be first Auditor General

175. Director of Audit to be first Auditor General

The person holding office as Director of Audit immediately before Merdeka Day shall, as from that day, hold office as Auditor General on terms and conditions not less favourable than those applicable to him immediately before Merdeka Day.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/176.Transfer of officers

176. Transfer of officers

(1) Subject to the provisions of this Constitution and any existing law, all persons serving in connection with the affairs of the Federation immediately before Merdeka Day shall continue to have the same powers and to exercise the same functions on Merdeka Day on the same terms and conditions as were applicable to them immediately before that day.

(2) This Article does not apply to the High Commissioner or the Chief Secretary.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/177.Waiver or postponement of oath of office where appointment continues under this Part

177. Waiver or postponement of oath of office where appointment continues under this Part

A person who, under any provisions of this Part, holds office under the Federation by virtue of having been the holder of a corresponding office immediately before Merdeka Day may, until Parliament otherwise provides, perform his functions without taking the oath required in the case of other holders of that office.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/178.Remuneration after Merdeka Day

178. Remuneration after Merdeka Day

Until Parliament otherwise provides, the remuneration payable to the persons holding the offices of Prime Minister and other Ministers shall be the same as was payable, immediately before Merdeka Day, to the Chief Minister and other Ministers of the Federation respectively.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/179.Contributions in respect of joint services

179. Contributions in respect of joint services

Any agreement in force immediately before Merdeka Day relating to the proportion of the remuneration payable by the Federation and any State in respect of any such employment as is mentioned in Clause (2) of Article 133 shall continue in force until superseded by a new agreement or federal law.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/180.Preservation of pensions, etc.

180. Preservation of pensions, etc.

(1) The Tenth Schedule to the Federation of Malaya Agreement 1948, shall continue in force on and after Merdeka Day, but with the modification that any reference therein to the High Commissioner shall be construed as a reference to the Yang di-Pertuan Agong.

(2) The said Schedule shall for the purposes of this Constitution be deemed to be federal law and may, subject to the provisions of Article 147, be amended and repealed accordingly.

(3) In its application to any law made under Clause (2) Article 147 shall have effect as if references therein to an award included compensation.

EXPLANATORY NOTES:

Part XIII:

See Article 160(2), definitions of "Federal law" and "State law".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/181.Saving for Rulers' sovereignty, etc.

Part XIV SAVING FOR RULERS' SOVEREIGNTY, ETC.

181. Saving for Rulers' sovereignty, etc.

(1) Subject to the provisions of this Constitution, the sovereignty, prerogatives, powers and jurisdiction of the Rulers and the prerogatives, powers and jurisdiction of the Ruling Chiefs of Negeri Sembilan within their respective territories as hitherto had and enjoyed shall remain unaffected.

(2) No proceedings whatsoever shall be brought in any court against the Ruler of a State in his personal capacity except in the Special Court established under Part XV.

EXPLANATORY NOTES:

Article 181(2):

1. See Article 160(2) definition of "Ruler".

2. See Federal Statute Law Revision (Suit Against the Ruling Houses) Act 1966 [Act 8/1966].

3. The words "except in the Special Court established under Part XV" inserted after the word "capacity" by Act A848, section 7, in force from 30-3-1993.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/182.The Special Court

Part XV PROCEEDINGS AGAINST THE YANG DI-PERTUAN AGONG AND THE RULERS

182. The Special Court

(1) There shall be a court which shall be known as the Special Court and shall consist of the Chief Justice of the Federal Court, who shall be the Chairman, the Chief Judges of the High Courts, and two other persons who hold or have held office as judge of the Federal Court or a High Court appointed by the Conference of Rulers.

(2) Any proceedings by or against the Yang di-Pertuan Agong or the Ruler of a State in his personal capacity shall be brought in a Special Court established under Clause (1).

(3) The Special Court shall have exclusive jurisdiction to try all offences committed in the Federation by the Yang di-Pertuan Agong or the Ruler of a State and all civil cases by or against the Yang di-Pertuan Agong or the Ruler of a State notwithstanding where the cause of action arose.

(4) The Special Court shall have the same jurisdiction and powers as are vested in the inferior courts, the High Court and the Federal Court by this Constitution or any federal law and shall have its registry in Kuala Lumpur.

(5) Until Parliament by law makes special provision to the contrary in respect of procedure (including the hearing of proceedings in camera) in civil or criminal cases and the law regulating evidence and proof in civil and criminal proceedings, the practice and procedure applicable in any proceedings in any inferior court, any High Court and the Federal Court shall apply in any proceedings in the Special Court.

(6) The proceedings in the Special Court shall be decided in accordance with the opinion of the majority of the members and its decision shall be final and conclusive and shall not be challenged or called in question in any court on any ground.

(7) The Yang di-Pertuan Agong may, on the advice of the Chief Justice, make such rules as he may deem necessary or expedient to provide for the removal of any difficulty or anomaly whatsoever in any written law or in the carrying out of any function, the exercise of any power, the discharge of any duty, or the doing of any act, under any written law, that may be occasioned by this Article; and for that purpose such rules may make any modification, adaptation, alteration, change or amendment whatsoever to any written law.

EXPLANATORY NOTES:

Article 182:

Clause (1): The words "Chief Justice of the Federal Court", "Judges" and "Federal" substituted respectively for the words "Lord President of the Supreme Court", "Justices" and "Supreme" by Act A885, section 42, in force from 24-6-1994.

Clauses (4) and (5): The word "Federal" substituted for the word "Supreme" by Act A885, section 42, in force from 24-6-1994.

Clause (7): The words "Chief Justice" substituted for the words "Lord President" by Act A885, section 42, in force from 24-6-1994.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/183.No action to be instituted against the Yang di-Pertuan Agong or a Ruler except with the consent of the Attorney General personally

183. No action to be instituted against the Yang di-Pertuan Agong or a Ruler except with the consent of the Attorney General personally

No action, civil or criminal, shall be instituted against the Yang di-Pertuan Agong or the Ruler of a State in respect of anything done or omitted to be done by him in his personal capacity except with the consent of the Attorney General personally.

EXPLANATORY NOTES:

Part XV, Article 182 & Article 183:

Added by Act A848, section 7A, in force from 30-3-1993.

Note:

No proceedings whatsoever shall be brought in any court or in the Special Court against the Yang di-Pertuan Agong or the Ruler of a State in his personal capacity in respect of anything done or omitted to be done by him before the coming into force of the Constitution (Amendment) Act 1993--See section 8 of Act A848.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/Schedules