Subject 'Malaysia: Constitutional Law

(Past year question December 2019)

Question:

Within

few months, the river and air pollution issues in Pasir Gudang continues to

cause more sufferings with the third incidents affecting 33 primary school

pupils complaining breathing difficulties. The first case took place in Sungai

Kim Kim and affected some 4,000 people who sought treatment for shortness of

breath, nausea and vomiting. The second incident caused the closure of 111

primary and secondary schools, three higher education institutions, 14 private

international schools and 347 private kindergartens. One of the victim was

Zola's sister and she was not happy with the latest development.

Zola

and her friends requested the Energy, Climate Change and Environment Minister

to resign and to take responsibility for failing to solve the issues of river

and air pollution. They also requested the government to appreciate human life

or the health and security of local residents. She and her friends urged the

relevant agencies and departments to step up efforts in assisting residents in

high-risk areas and to publicly announce the findings of their investigations.

They also claimed that the YDPA had failed to perform his duty and proposed

that the YDPA should declare an emergency in Johore due to the incidents. Zola

and her friends shared all their dissatisfactions online using the Instagram

and Twitter. They were later arrested by the Police.

Zola

and her friends were remanded for seven days and were not informed of the

grounds of their arrest. During her remand, she was not allowed to contact her

lawyer, call her family members nor make any telephone calls and communicate in

the social media.

Analyse the situations and advise Zola and her friends on the following matters:

a)the right to know the ground of arrest and legal representation. (15 marks)

b)the right to human life and health. (10 marks)

c)the right to freedom of speech and its nexus to the Sedition Act 1948. (10 marks)

d)the right to request the YDPA to declare emergency. (5 marks)