Teh Cheng Poh V Pp

Prosecutorial power 28 and teh cheng poh v public prosecutor 1979 1 mlj 50 teh cheng poh was also distinct as it only considered the question of whether the ag had the discretion to choose which offence to charge the accused with 29 17 further it is the first time that an issue on such facts has arisen a novel.

Teh cheng poh v pp. Their lordships stated a number of important points of law regarding articles 149 and 150 of the. Chiow thiam guan 1983 2 mlj 116. Of teh cheng poh s case teh cheng poh v. Public prosecutor 1979 1 m l j.

Teh cheng poh 1979 1 mlj 50. In teh cheng poh v pp 10 the privy council held that article 145 3 has given the attorney general wide discretion in criminal prosecutions and his power to exercise the discretion is not an infringement of the concept of equality before the law as provided in article 8 1 of the federal constitution. Judicial scrutiny of emergency powers teh cheng poh v pp 1979 the privy council held that once parliament had sat the executive power to make regulations under emergency ordinances as well as the power to enact ordinances lapsed. 50 one of the most interesting and significant cases in constitutional law decided by the privy council on appeal from malaysia would perhaps be teh cheng poh v.

The appellant was tried under the special procedure laid down by the essential security cases amendment regulations 1975 and found guilty and sentenced to death. Teh cheng poh v pp 1979 1 mlj 150 in this case the appellant had been charged for possession in security area of a revolver and ammunition under the internal security act 1960. Teh cheng poh v pp 1979 2 mlj 238 tan thio 856 sau soo kim v pp 1975 2 mlj 134 tan thio 858 jamali bin adnan v pp 1986 1 mlj 163 tan thio 860. Dato yap peng v pp 1987 2 mlj 311.

Liew fook chuan other appeals court of appeal kuala lumpur gopal sri ram jca siti norma yaakob jca ahmad fairuz jca civil appeal no. Hong leong equipment sdn. The overriding consideration in giving such a broad interpretation to the powers of the. On every decision judge must provide judgment.

Thus in short who actually has the power to declare emergency. Said the teh cheng poh case was only about the proclamation of a state of emergency and not about the prorogation of parliament.