We respectfully agree with the views expressed by the learned Judge 11 There it

We respectfully agree with the views expressed by the

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We respectfully agree with the views expressed by the learned Judge. [11] There it is. The court must not permit restrictions upon the rights conferred by art. 10 that render those rights illusory. In other words, Parliament may only impose such restrictions as are reasonably necessary. To emphasise, only proportionate legislative response is permissible under art. 10(2)(c). [12] That brings us to the present case. What is the restriction that Parliament has imposed here? It is s. 7 of the Societies Act 1966 (“the Act”) which provides as follows. (1) Upon receipt of an application under section 6, the Registrar shall, subject to the provisions of this section and to such conditions as the Registrar may deem fit to impose, register the local society making the application. (2) The Registrar may refuse to register a local society if: (a) he is satisfied that such a society is a branch of any society whose registration has been cancelled under paragraph 13(1)(c); or (b) he is not satisfied that such local society has complied with the provisions of this Act and of the regulations made thereunder; or
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31 [2007] 1 CLJ A B C D E F G H I Dr Mohd Nasir Hashim v. Menteri Dalam Negeri Malaysia (c) a dispute exists among the members of such local society as to the persons who are to be office-bearers or to hold or to administer any property of the society until the dispute is decided by a Court or by arbitration or by agreement between the members or otherwise. (3) The Registrar shall refuse to register a local society where: (a) it appears to him that such local society is unlawful under the provisions of this Act or any other written law or is likely to be used for unlawful purposes or any purpose prejudicial to or incompatible with peace, welfare, security, public order, good order or morality in Malaysia; (b) the society has been declared by the Minister to be unlawful under section 5; (c) the Registrar is satisfied that the society does not exist; (d) the name under which the society is to be registered: (i) appears to the Registrar to mislead or be calculated to mislead members of the public as to the true character or purpose of the society or so nearly resembles the name of such other society as is likely to deceive the members of the public or members of either society; (ii) is identical to that of any other existing local society; or (iii) is, in the opinion of the Registrar, undesirable; (e) the constitution or rules of the society do not contain provisions for all matters set out in Schedule I to this Act or if the society is a mutual benefit society, matters set out in Schedule II or any other matters which the Registrar may reasonably require. (4) Where the Registrar has refused to register a local society under this section, the provisions of section 17 shall apply to that local society.
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