TS Nathan Deputy Public Prosecutor for the respondent SUFFIAN LP This

Ts nathan deputy public prosecutor for the respondent

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TS Nathan (Deputy Public Prosecutor) for the respondent. SUFFIAN LP This application is before me in my capacity as a judge of the Federal Court. The applicant was charged with committing armed robbery under sections 392 and 397 of the Penal Code, an offence punishable under section 5 of the Firearms (Increased Penalties) Act 37 of 1971 as amended.
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Page 2 of 3 AH THIAN v GOVERNMENT OF MALAYSIA If convicted heis liable to imprisonment for his natural life and with whipping with no less than six strokes. Also charged with him was one Ooi Chooi Toh who figured in the case of Ooi Ah Phua v OCCID Kedah/Perlis [1975] 2 MLJ 198 . The applicant's counsel argued that the Firearms (Increased Penalties) Act 37 of 1971 as amended by the Firearms (Increased Penalties) (Amendment) Act A256 of 1974 is " ultra vires the Federal Constitution as it contravenes article 8(1) of the Constitution and is therefore void". Article 8(1) reads– "All personsare equal before the law and entitled to the equal protection of the law." On March 30, 1976, at the close of the case for the prosecution, counsel for the applicant applied for an adjournment to enable him to obtain theleave of a judge of the Federal Court to start proceedings for a declaration that the Act is void for the reason already stated. The application was granted, hence this [*113] application before me. It is said that the application is madeunder article 4(4) of the Constitution. The doctrine of the supremacy of Parliament does not apply in Malaysia . Here we have a written constitution. The power of Parliament and of State legislatures in Malaysia is limited by the Constitution, and they cannot make any law they please. Under our Constitution written law may be invalid on one of these grounds: (1) in the case of Federal written law, because it relates to a matter withrespect to which Parliament has no power to make law, and in the case of State written law, because it relates to a matter which respect to which the State legislature has no power to make law, article 74; or (2) in thecase of both Federal and State written law, because it is inconsistent with the Constitution, see article 4(1); or (3) in the case of State written law, because it is inconsistent with Federal law, article 75.
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