Beruflich Dokumente
Kultur Dokumente
a. INTRODUCTORY
The fact of the question allows a critical review upon the protection of
Constitution.
EXPRESSION?
First and foremost, let one discuss upon the sedition. One could see
that the autonomy to speak out and alliance here has nonetheless been
1
Hardi ng, A ndre w, “ L aw , Gove rn me nt an d the C onsti tu ti on i n Mal aysi a ”,
(6 t h Edi ti o n, 20 07 ), Mal a yan L aw J ourn al Sdn B hd. 19 2, 19 6 a nd 1 97
5
‘hold back’. This can readily be seen through The Sedition Act 1948 . The
clear picture of the restriction of words can clearly be seen in the case of
Public Prosecutor v Mark Koding . 2 One could see that those words came
from the Member of Parliament; Mark Koding was seditious in nature and
In the case of Lim Kit Siang v Dato’ Seri Dr. Mahathir Mohamad ;
here the Prime Minister condemned the court for interpreting statutes
criticism was a great deal of disregarding the judiciar y organ and the
journal. 6
2
[1983] 1 MLJ 111
3
[1987] 1 MLJ 383, 386
4
Ha rdi n g, An dre w , “ L aw, Gove rnme nt a nd t he C ons ti tuti o n i n Mal aysi a ” ,
(6 t h Edi ti o n, 20 07 ), Mal a yan L aw J ourn al Sdn B hd, 19 6
5
[1988] 1 MLJ 440
6
Ha rdi n g, An dre w , “ L aw, Gove rnme nt a nd t he C ons ti tuti o n i n Mal aysi a ” ,
(6 t h Edi ti o n, 20 07 ), Mal a yan L aw J ourn al Sdn B hd, 19 7 & 19 8
6
Based upon the elaboration that one had provided before, one is very
sure that you would wish to know one’s opinions with regards to the
Primarily, the restriction may help the nation to be more careful with
words used. Which means, ‘the society will try not to hurt each other ’
(either upon races, religions or other matter that had been classified as
‘sensitive issues’).
exclude the Internal Security Act issue. The Federal Constitution has
highly likely tr ying to control the misconduct of the public towards the
freedom given. One would be of the opinion that the government belief
that if freedom were to be given to the public thoroughly, then the society
Further, one would see the restriction not as a burden, but merely a
Despite the positive view that one had ‘vomited’, there are also
contrary views with regards to the freedoms. One would think that the
‘democracy issue’ in Malaysia is just a fake title in the eye of the world.
The public itself knows the truth and ‘borders’ has been drawn to ensure
the public would not and should not cross the line.
Thus, based upon one’s outlooks, one would belief that you might have
some different ideas in assessing your views upon the freedom of speech
7
and expression. It is not for one to judge the ‘right or wrong’ of the
freedoms, but it lies upon the mindset of the society itself. Therefore,
there is no real answer to the question. Last but not least, if this countr y
live in this country and would be here now. Hence, one would wish to urge
all and ever yone to have ‘a piece of mind’ upon this matter. It is not a bad
thing having restriction though. No, there would never be an end to the
limitation!