MP: Does freedom of speech also mean you must speak?

Source: Malay Mail Online

KUALA LUMPUR, Nov 26 ― A deputy minister’s claim that freedom of religion did not equate to freedom from religion was “utter rubbish”, said a federal legislator when noting that the same liberty to speech did not compel a citizen to exercise the right.

Petaling Jaya Utara MP Tony Pua also questioned how Deputy Minister in the Prime Minister’s Department Datuk Asyraf Wajdi Dusuki arrived at his controversial conclusion that atheism was illegal in Malaysia, which the latter made this week in Parliament.

Pua then used the constitutional guarantee of free speech to debunk Asyraf’s position, and explained that a liberty only meant the ability to pursue an action if a person so desired.

“When the Constitution says under Article 10, ‘every person has the right to freedom of speech’ and “every person has the right to assemble peacefully without arms”, would the deputy minister with a doctorate also interpret it as ‘everyone must speak (and hence cannot remain silent)’ and that ‘everyone cannot refuse to participate in peaceful assembly’? Read more

Tony Pua’s travel ban challenge fizzles out

Source: FMT News

Tony Pua-Pic drawn from FMT News

PUTRAJAYA: Petaling Jaya Utara MP Tony Pua’s challenge against the decision of the Immigration Department director-general to impose a travel ban has come to an end.

This follows today’s Federal Court ruling that dismissed his application for leave to appeal.

“The law is settled in Loh Wai Kong’s case, as decided by (the then Lord President) Mohamed Suffian Mohamed Hashim,” said Chief Justice Raus Sharif, who chaired a three-man panel.

Loh had sought a ruling that Malaysian citizens are entitled to travel overseas as a fundamental right under Article 5 of the Federal Constitution.

However, the Federal Court bench, led by Suffian, held in 1979 that the right to personal liberty under Article 5 was only to challenge the authorities for any unlawful detention. Read more

Travelling abroad not constitutional right, court rules in Pua case

Source: Malaysiakini

The High Court in Kuala Lumpur today ruled that the ban on Petaling Jaya Utara MP Tony Pua on travelling overseas, stands.

Justice Hanipah Farikullah said that it was not a constitutional right for all, including Pua, to be allowed to travel abroad.

She also said in her oral judgment that the director-general of the Immigration Department has the power to enforce the ban under Section 3(2) of the Immigration Act.

The court cited Loh Wai Kong’s case which was decided by Lord President Suffian. It said the court was bound by this decision, which was also cited in the recent Victoria Jeyasalee versus the Federal Territory Islamic Council case.

As a result of the two cases cited in the Federal Court, Justice Hanipah said this court was bound by it, based on the stare decisis principle (a decision from a superior court that binds the lower court). Read more

Judicial review for Tony Pua’s challenge to Immigration DG’s decision to prevent overseas travel

Petaling Jaya Utara MP Tony Pua’s bid to challenge the Immigration Department director-general’s decision to stop him from travelling overseas will be heard on April 28.

The case will be heard by High Court (Appellate and Special Powers) judge Justice Hanipah Farikullah.

Chua said Nurul Aini has set March 29 and April 18 for case management to ensure all documents in order for the hearing.

High Court (Appellate and Special Powers) judge Justice Asmabi Mohamad had on Oct 1 last year granted leave to Pua for his judicial review application.

Pua, who named the Immigration Department director-general and the Government as respondents wants the High Court to quash the decision by declaring it unlawful and invalid.

 

Related Article

[1] High Court sets April 28 to hear Tony Pua judicial review [17 Feb 2016]

High Court sets April 28 to hear Tony Pua judicial review

Source: The Star Online

KUALA LUMPUR:  Petaling Jaya Utara MP Tony Pua’s bid to challenge the Immigration Department director-general’s decision to stop him from travelling overseas will be heard on April 28.

The case will be heard by High Court (Appellate and Special Powers) judge Justice Hanipah Farikullah.

Speaking to reporters after the parties met senior assistant registrar Nurul Aini Yahya in chambers on Tuesday, Pua’s lawyer Joanne Chua said that the court fixed March 29 for them to file written submissions for the judicial review proceedings.

Chua said Nurul Aini has set March 29 and April 18 for case management to ensure all documents in order for the hearing. Read more