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LW/OCT 2012/LAW309

UNIVERSITI TEKNOLOGI MARA


FINAL EXAMINATION

COURSE

ADMINISTRATIVE LAW

COURSE CODE

LAW309

EXAMINATION

OCTOBER 2012

TIME

3 HOURS

INSTRUCTIONS TO CANDIDATES
1.

This question paper consists of SEVEN (7) questions.

2.

Answers FOUR (4) questions in the Answer Booklet. Start each answer on a new page.

3.

Do not bring any material into the examination room unless permission is given by the
invigilator.

4.

Please check to make sure that this examination pack consists of:
i)
ii)

the Question Paper


an Answer Booklet - provided by the Faculty

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO


This examination paper consists of 4 printed pages
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LW/OCT 2012/LAW309

QUESTION 1
Cik Kembong works as an assistant registrar in the Ministry of Education. There were
rumours circulating that the ministry was suffering from a severe financial loss due to the
negligence of the ministry officials in dealing with the ministry's financial resources.
On 10th January 2012, Cik Kembong received a letter from her superior, Encik Talapia,
requiring her to attend an inquiry for an allegation of negligence on her part related to the
above financial dealings. Cik Kembong was given four days to prepare for the inquiry. Encik
Talapia also has given Cik Kembong two files containing incriminating financial information
which the Ministry Disciplinary Board is going to use in making its decision.
Before the hearing, Cik Kembong requested the Ministry Disciplinary Board to allow Encik
Selar to represent her at the inquiry and the Board agreed. However, during the inquiry, the
Board refused to let Encik Selar to speak on behalf of Cik Kembong but allowed him to
observe the procedure. Encik Talapia was also present in the hearing as the chairperson.
At the end of the inquiry, Cik Kembong was found to be negligent. She was transferred to
another unit and demoted to an ordinary officer. Cik Kembong feels that the decision is
unjust and in violation of her rights. She came to you and seek your advice as to whether
she can take any action against the Ministry of Education.
Advise Cik Kembong.
(25 marks)

QUESTION 2
The Local Authority of Bisa Banget (LABB) passed several rules in June 2011 regarding the
operation of cyber cafe business in the Bisa Banget district. The LABB referred to the Cyber
Cafe Operational Act 2010 (fictitious) which came into force in January 2010 before they
passed the following rules. Section 12 of the Act provides that all local authorities can allow
the public to set up cyber cafes so that the objective of the Act can be achieved i.e. to assist
the citizens of all levels to be computer literate. The section further states that anyone can
set up a cyber cafe to reach the said objective irrespective of level of qualifications so long
as that person is over 18 years old.
LABB made the following rules under section 12 of the Act:
a)

All cyber cafe operators must be a residence of the Bisa Banget District owning a
qualification of at least a degree in Computer Science or any other similar
qualifications.

b)

The cyber cafe must be equipped with at least 50 computers manufactured in


Malaysia.

c)

These rules also apply to cyber cafe operators who had started their operations in
June 2010.

d)

The rules are conclusive and cannot be challenged in any court of law.

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LW/OCT2012/LAW309

Encik Pen Tiup, an SPM drop out, has a cyber cafe which started operating in July 2010 in
the town of Bisa Banget. He now wishes to establish a cyber cafe at his home as he just
received ten reconditioned computers from China. Advise him whether he can challenge the
rules.
(25 marks)

QUESTION 3
The Medical Practitioner Act 2000 (fictitious) confers discretionary power to the State Health
Director to suspend a doctor for incompetency. Datin Gee, the State Health Director of
Tanjung Sihat, suspended several doctors as follows:a)
b)
c)
d)

Datin Gee suspended Doctor Roo Mah because his comment on the government
medical policy drafted by Datin Gee which had caused an embarrassment to her.
She also suspended Doctor Aye after the latter failed to attend two meetings. Dr Aye
was only asked to answer a show cause letter prior to her suspension.
Doctor Bee was also suspended because he refused to take part in a private party
held by Datin Gee.
Datin Gee suspended Doctor See by the order from Ministry of Health.

Advise whether Doctor Roo Mah, Doctor Aye, Doctor Bee and Doctor See can challenge the
decisions made by Datin Gee.
(25 marks)

QUESTION 4
a)

Opie is an executive officer in the Ministry of Finance. He was given a task to enter
into an agreement with Pak Mail to buy the latter's land. Opie acted upon the task
after receiving a letter appointing him to act on behalf of the Ministry. After Pak Mail
agreed with the terms of the agreement, Opie gave Pak Mail his own personal
cheque that had his name on it as deposit payment for the purchase of the land so
that Pak Mail would not sell it to someone else. After a copy of the written agreement
was given to Pak Mail, the Ministry suddenly declared a budget cut and hence, the
agreement made with Pak Mail had to be revoked. Pak Mail insisted the government
to honour their promise. Advise Pak Mail.
(15 marks)

b)

Explain the provisions of section 14 of the Government Proceedings Act 1956.


(10 marks)

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LW/OCT 2012/LAW309

QUESTION 5
Both habeas corpus and certiorari are among the chief remedies available under
Administrative Law. Explain how these remedies can restore the right of an individual
infringed by the action of a public authority.
(25 marks)

QUESTION 6
a)

Explain the factors that have contributed to the increase of administrative tribunals as
machinery for adjudicating disputes.
(15 marks)

b)

Describe the working of any one administrative tribunal in Malaysia.


(10 marks)

QUESTION 7
The Public Complaints Bureau (PCB) is different from the classical Ombudsman system
practised by most countries. Describe the working of PCB in Malaysia.
(25 marks)

END OF QUESTION PAPER

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