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What are the justifications for the introduction of the First Charter of Justice?

Discuss the effect of the introduction of the Royal Charter of Justice 1807 on the Muslim law in Penang.

To what extent was English law modified to suit local circumstances with regard to the application of
Islamic law in Penang?

Describe the legal fiction concocted by colonial judges with regard to the Island of Penang. Support your
answer with relevant authorities.

What effect did the introduction of the Charter of 1807 have upon the lex loci in Penang?

English law is applicable in the Straits Settlements only to the extent permitted by local circumstances
and inhabitants, and subject to qualifications necessitated by local circumstances. Discuss.

The “doctrine of reception” hides sizeable footprint of imperialism in the discussion of Malaysian legal
history. Entrenched in the word “doctrine” is the idea of rightfulness of the doctrine itself. The word
“reception” carries the notion of voluntariness and acceptance. Taking into account these observations,
comment critically the application of the doctrine of reception in the Straits Settlements.

LEGISLATION

Discuss the judicial control over subsidiary legislation.

Discuss the following requirements in the post parliamentary procedure: (i) Royal Assent, (ii) Publication

Subsidiary legislation is in fact a law passed by a subordinate authority under powers conferred upon it
by an Act, commonly called the Parent or Enabling Act.

Discuss the merits of subsidiary legislation.

Explain the commencement of an Act or a subsidiary legislation as contained in the Interpretation Acts
1948 and 1967.

Explain the meaning of ‘Private Members Bill’ and ‘Public Bill’ introduced in the Parliament.

The Local Government Act 1976 was enacted to consolidate and to have uniform law in respect of local
government. Section 102 of the Act provides that the local government shall have the power “to make,
amend and revoke by-laws in respect of all such matters as are necessary or desirable for the
maintenance of the health, safety and well-being of the inhabitants or for the good order and
government of the local authority area”.

The Selayang Municipal Council passed a bye-law to make it an offence to conduct oneself indecently in
public places. Kevin and Stacey were served summons. It was alleged in the summons that by dressing
scantily, and by hugging and kissing in a public park, they had conducted themselves indecently in a
public place which constitute an offence under the bye-law. Kevin and Stacey would like to challenge
the bye-law. Advise Kevin and Stacey.

Explain the legislative process of Government Bill in Parliament.


In Malaysia, there are enormous amount of subsidiary legislation because the Legislature works under
several limitations. Discuss.

While subsidiary legislation is necessary, there should always be adequate controls over it. Discuss the
legislative controls that may be exercised over the subsidiary legislation.

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