The Book of Prof Shad.docx

Habeas corpus cannot be used to investigate into the

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Habeas corpus cannot be used to investigate into the sufficiency of the reasons or grounds relied upon by the detaining authority. Whether there is reasonable cause to detain is a matter of subjective opinion and policy of the executive: Noor Ashid Sakib v Ketua Polis [2002] 5 MLJ 22. A court of coordinate jurisdiction cannot review the decision of another court of coordinate jurisdiction: Koh Wah Kuan. An ouster clause may exclude judicial review. Such clauses abound e.g. s. 4(1) and ss. 7C and 7D of the Emergency (Public Order and Prevention of Crime) Ordinance 1969 forbid judicial intervention save in regard to any question of non-compliance with any procedural requirement governing the detention. 29 In Abdul Ghani Haroon v Ketua Polis Negara (No. 4 ) [2001] 6 MLJ 198 HC, the judge sought to impose an order that the police be restarined from re-arresting the applicants within the next 24 hours. 34
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2. ABOLITION OF SLAVERY & FORCED LABOUR – ARTICLE 6 INTRODUCTION Slavery is a weed that has grown in every soil. Involuntary servitude was known to the ancient civilisations of China, India and the Middle East 10,000 years ago. But it reached its fullest development in Greece and Rome. In European colonies around the world and in the United States till 1865 slavery was the dominant form of labour. In the 1500’s and 1600’s, the colonization of the New World was achieved through the use of slaves who were captured and shipped from Africa. Additionally, prisoners of war, convicts serving penal sentences or undischarged debtors were used for free labour. The Portuguese, Italians, Spaniards, the French, the British, the Dutch and the Americans used slaves to tend to their farms and factories, clear the wilderness, build canals, rails and roads. Many Western economies were built with the blood, sweat and toil of indentured labourers. Between the sixteenth and nineteenth centuries some ten million black slaves were shipped from Africa across the Atlantic under conditions of such bestiality that millions could not survive the voyage. In 19 th century America, a movement against slavery developed but massive contradictions remained. Thomas Jefferson, author of the immortal words in the American Declaration of Independence “that all men are created equal” was himself a slave owner. In 1865 slavery was abolished and in 1869 Blacks were allowed citizenship. But segregation laws (known as Jim Crow laws) continued to administer stinging darts of discrimination to the Afro-Americans till the 1960’s. In 1955, in Montgomery (Alabama) one Rosa Parks, a Black woman, sat in a front seat in a public bus. She was ordered to vacate her seat for a White. She refused. Her courage provided the civil rights movement with the spark to light its fires. Finally civil rights legislation of 1957, 1960, 1964 and 1965 put issues of racial equality beyond all legal doubt.
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