Question 1

Jeffrey is an American businessman and has a keen interest to invest in Malaysia in the
manufacturing sector. He is on a business trip to Malaysia to seek business and investment
opportunities and to locate a suitable location for his business project. After some months of
searching, Jeffrey found a location in Kedah Darulaman that has now triggered him to start
his business investment soonest. However Jeffrey is also concerned with the position of his
business and whether the laws in Malaysia would be able to secure his investments so that he
could confidently maximized his profits. Jin Teck a Malaysian lawyer has advised him that
the Malaysian legal system is different from the United States of America and that there are
no public confidences in the judiciary especially after the Constitutional Crisis of 1988
involving the judiciary. The dismissal of the Chief Justice Tun Salleh Abbas has affected the
judicial institution of this country. Now becoming even more confused than before about his
business ventures in Malaysia Jeffrey wants to get a second opinion on the issue and he
comes to you for advice. Advice Jeffrey by explaining the position of the judicial body now
after the 1988 Constitutional Crisis.

(10 markah/marks)
Therefore, in the case of tun salleh abbas, the judicial crisis sparked off in 1988, when the
Prime Minister at that time, Datuk seri Dr Mahathir Mohammad won the election and
subsequently,the losers team began to questioned the election system as they might me
conspiracy. They sought to annul the elections based on unregistered UMNO branches and
therefore hoping tha courts would declare that the elections were null and void and have no
effect. On 4th February 1988, the judge DatoHarunHashimdeclared that UMNO itself is an
unlawful society, due tosome branches were not registered. Dr Mahathir made scathing
attacks towards the judiciarybydeclaring them to be toofiercely independent up to apoint of
willing to jeopardize the security of the nation. Judges began to feel uneasy by the attacks
from the legislative branch of the government as they accused the judges as wanting to be
above criticisms. Then, Tun salleh Abas convened a meeting of 20 Supreme Court Judges in
Kuala Lumpur and decide to address a written letter to the Yang di-Pertuan Agong and copied
to each Malay Rulers and was subsequently listed as one of five main charges levelled at Tun
Salleh Abas. The convulsion which emanated from that letter led to the greatest judiciary
crisis in Mlaysia. This is because, the King at that time, interpret that letter as intending to
influence The Royal Highnesses the Mlay Rulers and the King to go against the Prime
Minister. This most likely could cause misunderstanding and could adversely affect the
relationshops between Malay Rulers and the Government. After two month, Tun Salleh Abas
was suspended and at that particular time, tan sri Abdul Hamid Omar, Chief Justice of High
Court of Malaya was appointed acting Lord President. However, Tun Salleh Abas was
brought before a tribunal for misconduct. In response, he filed a suit in the High Court
challenging the constitutionality of the tribunal. Tun Salleh Abas was brought before a
tribunal for misconduct. In response, he filed a suit in the High Court challenging the
constitutionality of the tribunal. Five judges of the Supreme Court convened and granted
Salleh an interlocutory (interim) order against the tribunal. This order was later set aside and
in August 1988, Tun Salleh Abbas was officially removed from the post of Lord President.
Meanwhile The five Supreme Court judges who granted Salleh the interlocutory order which
are Tan Sri Azmi Kamaruddin, Tan Sri Eusoffe Abdoolcader, Tan Sri Wan Hamzah Mohamed
Salleh, Tan Sri Wan Suleiman Pawan Teh and Datuk George Seah were suspended. Later in
October, Tan Sri Wan Suleiman Pawan Teh and Datuk George Seah were sacked while the
other three judges were reinstated.