Read & summarize the following case. State your opinion whether you agree with the Privy Council decision in the case. TEH CHE! P"H v P#$%C PR"SEC#T"R
CASE:
FACTS:
"n '(th )anuary of '*+,- in !eorgetown- Penang- The Cheng Poh- the appellant- was found having the possession of revolver and ammunition. t had een found y the police during the police patrol which had een instituted ecause of there was a report of armed roery. roery. ThusThus- the appellant appellant was charged charged under under section /+0'1 of nternal nternal Security Security 2ct '*,3 with two offences which were- for having possession in a security area without any lawful e4cuse and having unlawful firearm or illegal ammunition. #nder this offences- those who are found guilty can e under mandatory penalty which can e sentenced to death. The appe appell llan antt was was trie tried d unde underr the the spec specia iall proc proced edur uree unde underr Esse Essent ntia iall 0Sec 0Secur urit ity y Case Cases1 s1 02mendment1 Regulations- '*+/ and was found guilty and sentenced to death. The appellant was then appealed to the 5ederal Court ut the court dismissed the appeal thus he appealed to the Privy Council. ISSUES:
There were three issued that arised efore the Privy Council which were firstly- the validity of the Essential 0Security Cases1 02mendment1 Regulations- '*+/. Secondly- whether the Proclamation of 67P2 on 8ay '/- '*,* declaring 8alaysia was in a security area was valid or not. Thirdly- the legality under 5ederal Constitution of the decision of 2ttorney9 !eneral to prosecute the appellant for an offence under section /+0'1 of nternal Security 2ct '*,3. HELD:
The Privy Council held that: 5or the first issue- the 67P2 is empowered y 2rt. '/30;1 of 5ederal Constitution which says he may necessarily ta
is only e4ercisale y the 67P2- it lapses until the Parliament sits. This gives power to the Parliament to act under 2rticle '/30;1 of the 5ederal Constitution. Thus- Parliament has no power to revive the law once the Proclamation has een made unless a new Proclamation issued y the 67P2. Thus- the Security Cases Regulations is still valid. 5or the second issue- the proclamation of '/ 8ay '*,* had not een revo
n my opinion- do agree with the decision given y the court. This is ecause it is consistent with the provision provided in the 2rticle '/30'1 of 5ederal Constitution '*/+ that says the 67P2 in his discretionary power may issue a Proclamation of emergency when he is satisfied with the situation and according to 2rticle '/30;$1 of 5ederal Constitution '*/+ this power cannot e used when oth Houses in Parliament is in sitting.
