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Questions and Answers
A relator action allows the Attorney General's intervention only upon a citizen having standing.
A relator action allows the Attorney General's intervention only upon a citizen having standing.
False
In the case of McWhirter v Independent Broadcasting Authority (1973), the court granted public action despite the Attorney General's refusal.
In the case of McWhirter v Independent Broadcasting Authority (1973), the court granted public action despite the Attorney General's refusal.
True
A declaration can only be granted in cases involving criminal matters.
A declaration can only be granted in cases involving criminal matters.
False
An injunction requires the court to compel a person to perform a specific act.
An injunction requires the court to compel a person to perform a specific act.
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The Specific Relief Act 1950 governs relator actions but not injunctions.
The Specific Relief Act 1950 governs relator actions but not injunctions.
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Tribunals in Malaysia are always independent and free from administrative links.
Tribunals in Malaysia are always independent and free from administrative links.
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Members of tribunals are often trained legal professionals skilled in statutory interpretation.
Members of tribunals are often trained legal professionals skilled in statutory interpretation.
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The decisions made by tribunals always include detailed reasoning and are published for transparency.
The decisions made by tribunals always include detailed reasoning and are published for transparency.
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The Industrial Court in Malaysia resolves trade disputes based on strict legal principles only.
The Industrial Court in Malaysia resolves trade disputes based on strict legal principles only.
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Public inquiries in Malaysia operate under statutes such as the Companies Act 1965.
Public inquiries in Malaysia operate under statutes such as the Companies Act 1965.
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A Temporary Injunction is granted permanently until further order of the court.
A Temporary Injunction is granted permanently until further order of the court.
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The Ombudsman operates as an external agency outside the administrative hierarchy.
The Ombudsman operates as an external agency outside the administrative hierarchy.
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A Perpetual Injunction may be granted without a hearing.
A Perpetual Injunction may be granted without a hearing.
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One of the reasons for the growth of the Ombudsman is the inadequacy of the Court System.
One of the reasons for the growth of the Ombudsman is the inadequacy of the Court System.
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The Ombudsman can override administrator decisions directly.
The Ombudsman can override administrator decisions directly.
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Tan Suah Choo v Majlis Perbandaran (1983) involved an injunction allowed against a private entity.
Tan Suah Choo v Majlis Perbandaran (1983) involved an injunction allowed against a private entity.
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No lawyer is needed when filing a complaint with the Ombudsman.
No lawyer is needed when filing a complaint with the Ombudsman.
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The Ombudsman was established in New Zealand by the Ombudsman Act 1985.
The Ombudsman was established in New Zealand by the Ombudsman Act 1985.
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Habeas corpus ensures protection against unlawful detention.
Habeas corpus ensures protection against unlawful detention.
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The Federal Constitution states that anyone can be deprived of their life or personal liberty under any circumstances.
The Federal Constitution states that anyone can be deprived of their life or personal liberty under any circumstances.
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Mandamus commands a public authority to perform a duty that is optional.
Mandamus commands a public authority to perform a duty that is optional.
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The court must inquire into a complaint of unlawful detention unless it is satisfied that the detention is lawful.
The court must inquire into a complaint of unlawful detention unless it is satisfied that the detention is lawful.
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Ooi Ah Phua's application for habeas corpus was granted because his detention was deemed unlawful.
Ooi Ah Phua's application for habeas corpus was granted because his detention was deemed unlawful.
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Habeas corpus applications can only be made by the detainee themselves.
Habeas corpus applications can only be made by the detainee themselves.
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The Federal Constitution allows for habeas corpus applications to be made to any judge of the High Court.
The Federal Constitution allows for habeas corpus applications to be made to any judge of the High Court.
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Yit Hoon Kit’s case established that delay in informing detainees can make their detention lawful.
Yit Hoon Kit’s case established that delay in informing detainees can make their detention lawful.
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Impartiality in tribunals means freedom from departmental influence.
Impartiality in tribunals means freedom from departmental influence.
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Public incorporations are solely owned and managed by private entrepreneurs.
Public incorporations are solely owned and managed by private entrepreneurs.
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Legal qualifications for tribunal personnel were recommended by Frank’s Committee.
Legal qualifications for tribunal personnel were recommended by Frank’s Committee.
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Corporations enjoy the same legal immunities as government entities.
Corporations enjoy the same legal immunities as government entities.
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The economic regeneration of the country is one reason for the growth of public incorporations.
The economic regeneration of the country is one reason for the growth of public incorporations.
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Bank Negara Malaysia (BNM) is classified as a promotional and developmental undertaking.
Bank Negara Malaysia (BNM) is classified as a promotional and developmental undertaking.
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MARA and FELDA are examples of financial institutions.
MARA and FELDA are examples of financial institutions.
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Malayan Railway is a departmental undertaking owned and funded by the government.
Malayan Railway is a departmental undertaking owned and funded by the government.
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The Commissions of Enquiry Act 1950 allows the YDPA to appoint only one Commissioner for inquiries.
The Commissions of Enquiry Act 1950 allows the YDPA to appoint only one Commissioner for inquiries.
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One of the purposes of conducting inquiries is to enable decision makers to be better informed about state affairs.
One of the purposes of conducting inquiries is to enable decision makers to be better informed about state affairs.
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The evidence given in an inquiry under the Commissions of Enquiry Act is considered absolutely privileged.
The evidence given in an inquiry under the Commissions of Enquiry Act is considered absolutely privileged.
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The Franks Committee, appointed in 1955, suggested that tribunals should be independent of the concerned department.
The Franks Committee, appointed in 1955, suggested that tribunals should be independent of the concerned department.
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Commissioners can only admit written evidence during an inquiry according to the Act.
Commissioners can only admit written evidence during an inquiry according to the Act.
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The principles of openness and fairness are not highlighted in the characteristics emphasized by the Franks Committee.
The principles of openness and fairness are not highlighted in the characteristics emphasized by the Franks Committee.
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Under the Act, a Commissioner is liable to civil proceedings for actions taken during an inquiry.
Under the Act, a Commissioner is liable to civil proceedings for actions taken during an inquiry.
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Public hearings are a requirement for ensuring the openness of tribunal proceedings as per the Franks Committee.
Public hearings are a requirement for ensuring the openness of tribunal proceedings as per the Franks Committee.
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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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Description
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.
