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Fundamental liberties are rights and freedoms that we have as human beings. Some
fundamental liberties are set out in the Constitution. Because these rights and freedoms
are set out in the Constitution, they are said to be guaranteed and cannot be taken
away from us unless the Constitution itself allows it.
Every person has a right to life and liberty. A persons life or personal liberty cannot be
taken away unless it is in accordance with law. The courts have said that the right to life
includes a right to livelihood and quality of life, while the right to liberty includes the right
to privacy.
If a person has not been detained according to law, the courts will order that the person
is brought before the court to be released. This is known as habeas corpus. You will find
information on your rights when you are arrested by the police in the Police and Your
Basic Rights leaflet published by the Bar Council and can be found at
www.malaysianbar.org.
No one can be made a slave or forced to work. However, Parliament may make laws to
require Malaysians to provide compulsory national service. Work or service required
from a person who is convicted of a crime is not considered forced labour.
A person cannot be punished for something which at the time when it was done was not
an offence. For example, if a law is passed to make it illegal to drive past a speed limit
of 80km/h, a person driving past that speed limit before the law is passed cannot be
punished. This is known as the prohibition against retrospective criminal laws.
If the punishment for a crime is increased, a person who committed the crime before the
punishment was increased cannot be given that increased punishment. For example, if
the law is amended to change the punishment for breaking a speed limit from a fine to a
prison sentence, a person breaking the speed limit before the law is amended cannot
be punished with a prison sentence.
A person who has been acquitted or convicted of an offence shall not be tried again for
the same offence, unless the conviction or acquittal is quashed (set aside) and a retrial
is ordered.
Article 8 Equality
All persons are equal before the law and entitled to equal protection of the law.
Unless the Constitution says so, citizens cannot be discriminated only because of their
religion, race, descent, place of birth or gender:-
A Malaysian citizen cannot be banished or excluded from the country. In general, every
citizen has the right to move freely and stay in any part of the country except where any
law is passed relating to the security of the country, public order, public health or the
punishment of offenders.
The special position of Sabah and Sarawak compared to other States also allows for
laws to be made to control who can enter and stay in Sabah and Sarawak. We talk
about the special interests and safeguards for Sabah and Sarawak in The Rakyat
Guides 7: Sabah and Sarawak.
Citizens have freedom of speech, assembly and association but these freedoms may be
restricted by Parliament for reasons permitted by the Constitution. The Courts have said
Parliament may only impose restrictions where they are reasonably necessary.
Every citizen has the right to freedom of speech and expression. However, Parliament
may make laws to restrict this right if they are necessary or expedient in the interest of:-
In imposing restrictions on the freedom of speech and expression in the interest of the
security of the country or public order, Parliament may pass laws prohibiting the
questioning of matters relating to citizenship, the national language, the special position
of Malays and the natives of Sabah and Sarawak and sovereignty of the Rulers.
All citizens have the right to assemble peaceably and without arms and to form
associations. However, Parliament may make laws to restrict these rights if they are
necessary or expedient in the interest of:-
3. Parliament can also make laws to restrict the right to form associations in relation to
labour and education.
NEXT WEEK, The Rakyat Guides 8, Part 2 will continue with Article 11 Freedom of
religion, Article 12 Rights in respect of education and Article 13 Rights to property.