QUESTION 3

The Yang Dipertua of Semarak Pantai District Council (SPD) is empowered under Environmental (Health & Cleanliness) Regulations (fictitious) to impose fine and take any necessary actions against the residents of SPD if found to breach the Regulations. The Regulations are mainly introduced to ensure clean and healthy environment of the district to boost the tourism potential of the place. Recently, the Yang Dipertua of SPD made the following decisions:

i) Haji Popom, the manager of Papadom Mesra Chalet is ordered to close his business operations on the ground that the vicinity of the chalet is unclean, filthy and polluted under his management. Unknown to Haji Popom, the Yang Dipertua has been offered an enormous sum of money if the premises is let to Hang Gajah Company.

ii) Revoking the business licence of Gangga, the owner of Gsempita Restaurant on the ground that the karaoke facilities provided by the restaurant promotes unhealthy environment in the district.

iii) Esah, a single mother is fined RM3000 for selling nasi lemak along the beach on the ground that her activity will entail bad impression to the tourists visiting the beach.

iv) Ordered Arva to move his stall to another location away from the beach as instructed by YB Hamid, the ADUN of SPD. Haji Popom, Gangga, Esah and Arva were dissatisfied with the decisions made by the Yang Dipertua. Advise them as to the grounds on which they can challenge the decisions.

(30 marks)