Administrative Law Remedies Quiz
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Questions and Answers

A relator action allows the Attorney General's intervention only upon a citizen having standing.

False (B)

In the case of McWhirter v Independent Broadcasting Authority (1973), the court granted public action despite the Attorney General's refusal.

True (A)

A declaration can only be granted in cases involving criminal matters.

False (B)

An injunction requires the court to compel a person to perform a specific act.

<p>True (A)</p> Signup and view all the answers

The Specific Relief Act 1950 governs relator actions but not injunctions.

<p>False (B)</p> Signup and view all the answers

Tribunals in Malaysia are always independent and free from administrative links.

<p>False (B)</p> Signup and view all the answers

Members of tribunals are often trained legal professionals skilled in statutory interpretation.

<p>False (B)</p> Signup and view all the answers

The decisions made by tribunals always include detailed reasoning and are published for transparency.

<p>False (B)</p> Signup and view all the answers

The Industrial Court in Malaysia resolves trade disputes based on strict legal principles only.

<p>False (B)</p> Signup and view all the answers

Public inquiries in Malaysia operate under statutes such as the Companies Act 1965.

<p>True (A)</p> Signup and view all the answers

A Temporary Injunction is granted permanently until further order of the court.

<p>False (B)</p> Signup and view all the answers

The Ombudsman operates as an external agency outside the administrative hierarchy.

<p>True (A)</p> Signup and view all the answers

A Perpetual Injunction may be granted without a hearing.

<p>False (B)</p> Signup and view all the answers

One of the reasons for the growth of the Ombudsman is the inadequacy of the Court System.

<p>True (A)</p> Signup and view all the answers

The Ombudsman can override administrator decisions directly.

<p>False (B)</p> Signup and view all the answers

Tan Suah Choo v Majlis Perbandaran (1983) involved an injunction allowed against a private entity.

<p>False (B)</p> Signup and view all the answers

No lawyer is needed when filing a complaint with the Ombudsman.

<p>True (A)</p> Signup and view all the answers

The Ombudsman was established in New Zealand by the Ombudsman Act 1985.

<p>False (B)</p> Signup and view all the answers

Habeas corpus ensures protection against unlawful detention.

<p>True (A)</p> Signup and view all the answers

The Federal Constitution states that anyone can be deprived of their life or personal liberty under any circumstances.

<p>False (B)</p> Signup and view all the answers

Mandamus commands a public authority to perform a duty that is optional.

<p>False (B)</p> Signup and view all the answers

The court must inquire into a complaint of unlawful detention unless it is satisfied that the detention is lawful.

<p>True (A)</p> Signup and view all the answers

Ooi Ah Phua's application for habeas corpus was granted because his detention was deemed unlawful.

<p>False (B)</p> Signup and view all the answers

Habeas corpus applications can only be made by the detainee themselves.

<p>False (B)</p> Signup and view all the answers

The Federal Constitution allows for habeas corpus applications to be made to any judge of the High Court.

<p>True (A)</p> Signup and view all the answers

Yit Hoon Kit’s case established that delay in informing detainees can make their detention lawful.

<p>False (B)</p> Signup and view all the answers

Impartiality in tribunals means freedom from departmental influence.

<p>True (A)</p> Signup and view all the answers

Public incorporations are solely owned and managed by private entrepreneurs.

<p>False (B)</p> Signup and view all the answers

Legal qualifications for tribunal personnel were recommended by Frank’s Committee.

<p>True (A)</p> Signup and view all the answers

Corporations enjoy the same legal immunities as government entities.

<p>False (B)</p> Signup and view all the answers

The economic regeneration of the country is one reason for the growth of public incorporations.

<p>True (A)</p> Signup and view all the answers

Bank Negara Malaysia (BNM) is classified as a promotional and developmental undertaking.

<p>False (B)</p> Signup and view all the answers

MARA and FELDA are examples of financial institutions.

<p>False (B)</p> Signup and view all the answers

Malayan Railway is a departmental undertaking owned and funded by the government.

<p>True (A)</p> Signup and view all the answers

The Commissions of Enquiry Act 1950 allows the YDPA to appoint only one Commissioner for inquiries.

<p>False (B)</p> Signup and view all the answers

One of the purposes of conducting inquiries is to enable decision makers to be better informed about state affairs.

<p>True (A)</p> Signup and view all the answers

The evidence given in an inquiry under the Commissions of Enquiry Act is considered absolutely privileged.

<p>True (A)</p> Signup and view all the answers

The Franks Committee, appointed in 1955, suggested that tribunals should be independent of the concerned department.

<p>True (A)</p> Signup and view all the answers

Commissioners can only admit written evidence during an inquiry according to the Act.

<p>False (B)</p> Signup and view all the answers

The principles of openness and fairness are not highlighted in the characteristics emphasized by the Franks Committee.

<p>False (B)</p> Signup and view all the answers

Under the Act, a Commissioner is liable to civil proceedings for actions taken during an inquiry.

<p>False (B)</p> Signup and view all the answers

Public hearings are a requirement for ensuring the openness of tribunal proceedings as per the Franks Committee.

<p>True (A)</p> Signup and view all the answers

Flashcards

Relator Action

Allows a member of the public to challenge unlawful government actions through the Attorney General.

Declaration

A court order that establishes the legal rights of individuals or parties involved in a case.

Injunction

A court order that forces someone to act or refrain from a specific action.

McWhirter v Independent Broadcasting Authority (1973)

Case where a citizen successfully challenged a government decision despite the Attorney General's refusal.

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Gouriet v Union of Post Workers (1978)

Case where the court upheld the Attorney General's decision not to take action against a union.

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Habeas Corpus

A court order issued to release someone detained unlawfully.

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Habeas Corpus's purpose

It ensures protection against unlawful detention.

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Mandamus

A court order instructing a public authority to fulfill a mandatory duty.

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Mandamus' purpose

It ensures that public authorities perform their legal obligations.

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Remedies

A type of legal remedy used to address grievances against administrative actions.

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High Court's power

High Courts derive their power to issue remedies from the Courts of Judicature Act, First Schedule, and Section 25.

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Habeas Corpus & Article 5 (1)

The remedy ensures a fair trial and protects against arbitrary imprisonment.

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Habeas Corpus & Article 5 (2)

The court inquires into the legality of the detention and orders release if it is unlawful.

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Lack of Independence in Tribunals

Tribunals may have close ties to government agencies, potentially affecting their impartiality.

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Limited Legal Expertise in Tribunals

Tribunals may lack the expertise to handle complex legal issues, leading to incorrect interpretations.

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Lack of Transparency in Tribunals

Tribunals often lack transparency in their decision-making process, potentially leading to unfairness.

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Policy Bias in Tribunals

Tribunals may prioritize government policy over individual circumstances, potentially leading to unfair outcomes.

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Procedural Informality in Tribunals

Tribunals may have loose procedures, potentially leading to biased or inconsistent decisions.

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Temporary Injunction

Allows the court to intervene temporarily until a final decision is reached in the main lawsuit.

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Perpetual Injunction

A permanent court order issued after a full hearing and determination based on the merits of the case.

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Ombudsman

An independent, impartial official tasked with investigating and addressing complaints against government agencies.

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Shortcomings of the traditional court system

Formal, expensive, and time-consuming. Can be biased as administrators defend their decisions.

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Advantages of an Ombudsman

Can be impartial and more accessible for addressing grievances.

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Ombudsman's Power of 'Suo Motu'

An Ombudsman can investigate complaints on his own initiative.

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Limited Power of Ombudsman

The Ombudsman does not have power to overrule decisions, but recommends solutions.

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Public Corporation's Legal Identity

Public corporations are separate legal entities, distinct from the government. This means they operate independently and are not subject to the same rules and regulations as government departments.

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Public Corporation's Lack of Immunity

Public corporations are not subject to the same immunities and privileges enjoyed by government departments. This means they can be sued and their assets are subject to regular law.

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Examples of Public Corporations

Examples of public corporations in Malaysia include Bank Negara Malaysia (BNM), which manages currency and monetary policy, and MARA, which supports agricultural and non-agricultural activities.

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Purpose of Public Corporations

Public corporations are created with the intention of promoting economic development and regeneration within a country.

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Reasons for Public Corporation Growth: Private Sector Limitations

One reason for the growth of public corporations is the lack of financial or managerial capacity in private entrepreneurs. This means the government steps in to fill the gap and support economic initiatives.

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Public Corporations and Bumiputera Participation

Public corporations play a significant role in ensuring a fair share of economic benefits for the Bumiputeras in Malaysia.

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Classifying Public Corporations

Public corporations can be categorized into different types depending on their primary functions. These include financial institutions, promotional and developmental undertakings, and commercial and industrial undertakings.

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Departmental Public Enterprises

Government departments often operate public corporations. While these corporations are funded by the government, they are not subject to the same level of bureaucratic control as government ministries.

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Commissions of Inquiry

A legal process to investigate government actions and ensure public accountability and transparency. It involves the appointment of commissioners to examine conduct, management, or specific matters related to government officials, departments, or public institutions.

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Commissions of Inquiry Act 1950

The act of empowering the Malaysian King (YDPA) to appoint commissioners to investigate various aspects of government operations, including the conduct of officials, departments, and public institutions. The purpose is to ensure accountability and address issues in the public interest.

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Franks Committee

A group of individuals appointed by the UK government in 1955 to assess and recommend changes to the tribunal system. Their key recommendation was to ensure fairness and transparency in administrative justice.

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Independent Adjudication

An important principle for the proper functioning of tribunal systems - emphasizing that tribunals should operate independently from the affected departments or agencies.

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Openness

One of the three key characteristics of a fair tribunal system, emphasizing the importance of open and public hearings, and the publication of reasoned decisions.

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Fairness

One of the three key characteristics of a fair tribunal system, emphasizing the importance of clear procedures to ensure that the rights of all parties involved are upheld.

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Powers of the Commissioner

The power of a commissioner to gather evidence, examine witnesses, and compel the attendance of individuals in an inquiry. This power allows commissioners to collect information effectively for their investigations.

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Protection for Commissioners and Witnesses

The protection provided to commissioners and witnesses participating in an inquiry under the Commissions of Inquiry Act. This protection shields them from legal action for their actions or testimony during the inquiry.

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Study Notes

Quiz Topics

  • Remedies - pages 5-7
  • Ombudsman - pages 7
  • Tribunal - page 8
  • Public Incorporation - page 9
  • MCQ - 20 questions (20 marks)
  • True/False - 20 questions (10 marks)

Remedies

  • Remedies address grievances against administrative actions infringing rights or interests
  • High Courts derive authority from the Courts of Judicature Act 1964, paragraph 1 of the First Schedule, and section 25
  • Types of remedies include habeas corpus, mandamus, certiorari, prohibition, and declaration

Habeas Corpus

  • Definition & Purpose: An order to release a person unlawfully detained
  • Federal Constitution: Article 5(1) - no deprivation of life or liberty except according to law. Article 5(2) - Court inquiry if detention is unlawful, order release
  • Cases: Ooi Ah Phua v Officer in Charge, Kedah (1975), Re Datuk James Wong Kim Min (1976), Yit Hoon Kit (1988)

Mandamus

  • Definition & Purpose: Orders a public authority to perform a mandatory duty
  • Nature: Commands public authorities enforce legal powers, and act within scope of jurisdiction
  • Cases: Yit Hoon Kit (1988)

Certiorari

  • Definition & Purpose: Quashes (invalidates) administrative decisions or actions.
  • Conditions to Apply: Only those whose interests were affected can apply.
  • Cases: The Semantan Estate Sdn Bhd v Collector of Land Revenue (1987), Khoo Siew Bee v Ketua Polis Kuala Lumpur (1979)

Prohibition

  • Definition: Prevent future acts that breach natural justice or are ultra vires.
  • Nature: A discretionary remedy, to stop unlawful acts
  • Cases: Coelho v Public Services Commission (1964), Re Ijot Bte Beliku (1966), Lian Yit Engineering Works Sdn Bhd v Loh Ah Fob & Ors. (1974)

Relator Action

  • Definition: Enables citizen intervention to remedy administrative breaches via Attorney General
  • Advantage: Any citizen may request Attorney General to initiate action
  • Disadvantage: Court won't meddle with discretion of Attorney General
  • Cases: McWhirter v Independent Broadcasting Authority (1973), Gouriet v Union of Post Workers (1978)

Declaration

  • Definition & Nature: Declares legal rights of parties, granted at court's discretion.
  • Cases: Joseph v Government of Sarawak (1981), Mahan Singh v Govt of Malaysia (1978)

Injunction

  • Definition & Function: Order to do or not do something, to restrain unlawful acts
  • Types: Temporary and Perpetual
  • Cases: Tan Suah Choo v Majlis Perbandaran (1983)

Ombudsman

  • Definition: Independent government official who investigates maladministration.
  • Reasons for Growth: Inadequacy of court system, build-up of biasness, and overlapping of legislative and executive powers
  • Function: Investigates complaints, highlights defective decisions, and offers remedies
  • Advantages: Provides external review, remedies unjust actions, and is free from institutional bias
  • Jurisdiction: New Zealand, Australia, England

Tribunal

  • Introduction: Tribunals resolve disputes outside courts, specializing in particular areas (cases)
  • Characteristics: Independent body, using simplified procedures, hearing disputes
  • Reasons for Growth: Expansion of administrative functions, preservation of judicial system, increased cost/time efficiency.
  • Strength: Expediency, informality, expertise.
  • Weakness: Lack of independence and limited legal expertise.

Adjudicatory Bodies in Malaysia

  • Special Commission of Income Tax (established under the Income Tax Act 1967, resolves issues related to taxation)
  • Industrial Court (established under the Industrial Relations Act 1967, resolves labor disputes)

Public Inquiries

  • Commissions of Enquiry (Act 1950)
  • Conducted by Commissioner who report to Parliament for matters that the Parliament should oversee

Franks Committee (UK 1955)

  • Purpose: Investigate Tribunal composition and efficiency
  • Recommendations: Appointment of tribunal chairpersons by independent authorities and ensuring public hearings with legal representation.

Public Incorporation

  • Introduction: Government involvement in trade, business, and commerce via public corporations.
  • Reasons for Growth: Support economic regeneration, become better instruments for development, and allocate resources.
  • Legal Characteristics of a Corporation: Distinct legal entity separate from the government, its property is not government property
  • Classification of Public Incorporations: Financial institutions, promotional & developmental undertakings, commercial & industrial undertakings
  • Organization of Public Enterprises: Departmental undertakings (e.g., Malaysian Railway), Government companies (owned & funded by the government)
  • Control over Public Enterprises: Statutory corporations and ministerial control are required to control over the corporation actions and operations; Audit control, Parliamentary control, Ministerial control, and Judicial control

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Test your knowledge on administrative law remedies, including habeas corpus, mandamus, and more. This quiz consists of multiple-choice and true/false questions, assessing key concepts and cases related to grievances against administrative actions. Prepare to explore the functions of the Ombudsman and tribunals as well.

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