Wednesday, July 14, 2010

Agong's Orders Still Effective Despite Not Gazetted

Bernama: (13/7/2010)

Orders made by Yang di-Pertuan Agong and the Sultans have their effects and can be enforced under the law despite not gazetted. Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Aziz said the fact that orders made by Yang di-Pertuan Agong were not gazetted did not render them ineffective.
He said this in a written reply to Lim Lip Eng (DAP-Segambut) who asked whether orders made by Yang di-Pertuan Agong or Sultans could be enforced despite not gazetted. "For example, the appointment of Session Court judges under sub-section 59(3) of Lower Court Act 1948 provides that they be appointed by Yang di-Pertuan Agong on recommendation of the Chief Judge. "Although it is not necessary under sub-section 59(3) Act 92 to gazette the appointments by Yang di-Pertuan Agong, they are still gazetted for public information."
Nazri said the same applies to the states where the Sultans as Islamic head made orders to protect the sanctity of Islam and its institution. "Those who insulted or disobey orders of the Sultan as Islamic head are committing an offence under Section 12 of Syariah Criminal Enactment (Selangor) 1995," he added.
Under the law, offenders can be fined not more RM3,000 or jailed not more two years' or both.

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