Assignment Law 309

Answer .

The Public Complaints Bureau is a government agency under the Prime

Minister's Department of Malaysia to address public complaints against
government employees, deficiencies and deferment in public utilities and
utilities, and public law and policies. The objective of the Public Complaints
Bureau is to investigate complaints efficiently, fairly and effectively; raising the
rate of settlement of complaints received from the public; provide and improve
the convenience of making complaints to the public; introducing renewal and
innovation based on public complaints; provide advisory services to agencies to
improve effective public complaint handling systems; detecting issues that
could be the cause of public complaints and obtain public feedback to improve
public service delivery system.

The weakness of Public Complaint Bureau against the Ombudsman system are :

1)Tendency of executive influence . The Public Complaint Bureau is an agency

under the Prime Minister Department . It operation and act is monitor by the
department under the Prime Minister which is the executive of this country .
This may influence the activity or result of the agency that could bias to any
side. For ombudsman , the officer are from the legislature and separated from
the executive , making it decision without influence .

2)Purely administrative arrangement .It is entirely set up by the Prime Minister

department to solve public complaint with decision and control from the
department . For ombudsman , it is usually set up by the constitution of the
country with power and neutrality .

3)No lawyer . It has no lawyer to take action or prosecute. It is to solve

complaint and increase administrative efficientcy . For ombudsman , it has
lawyer to take action and prosecute offender .
Answer .

Habeas corpus definition .

If a person is arrested, detained or deprived of liberty in any way, he has a

number of legal remedies available to him. The most famous of these remedies
is the writ (order) of habeas corpus. Habeas corpus is a writ for inquiring into
the lawfulness of any imprisonment, detention or restraint. It allows a detainee
to ask the High Court to order the person detaining him to explain the legal
basis for the restraints imposed.

A prerogative writ issued by the court used to command a person who is

detaining another in custody to produce that person before the court.It is used
primarily to secure the release of a person detained unlawfully or without legal
justification.

Three situation of habeas corpus can be applied are :

1)The High Court will quash an illegal arrest or detention of a person by issuing
habeas corpus.

2)The order is issued to the person who has the custody of the aggrieved
person (the detainee).

3)The grant of habeas corpus is as of right and not in the discretion of the court
in the circumstances of a fundamental right being involved.