Tan Tek Seng v. Suruhanjaya Perkhidmatan Pendidikan & Another
Encyclopedia
Tan Tek Seng v Suruhanjaya Perkhidmatan Pendidikan & Another [1996] 1 MLJ 261
was a case
heard in the Court of Appeal
of Malaysia. The case concerned the allegedly wrongful dismissal of Tan Tek Seng, a schoolteacher. In ruling in his favour, the Court of Appeal held that Articles 5 and 8 of the Constitution
, which protect personal liberty and equality under the law, must be read with a liberal and not literal approach. In his judgment, Gopal Sri Ram held:
Since Tan was deprived of gainful employment without a fair hearing, under this broad interpretation of Article 5, his dismissal was wrongful and unconstitutional. In 1997, the Federal Court cited the decision with approval as part of an obiter dictum
in R. Rama Chandran v. The Industrial Court of Malaysia. However, when ruling directly on the interpretation of Article 5 in 2002, the Federal Court held in Pihak Berkuasa Negeri Sabah v. Sugumar Balakrishnan & Another
that a generous reading of the term "personal liberty" in Article 5 was in error. The Federal Court later revisited the issue in 2009, and ruled in Lee Kwan Woh v. Public Prosecutor
that constitutional rights, including those under Article 5, must be read in a generous and liberal fashion.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
was a case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
heard in the Court of Appeal
Courts of Malaysia
The Judiciary of Malaysia is largely centralized despite Malaysia's federal constitution, heavily influenced by the British Common Law and to a lesser extent Islamic law, and is mostly independent from political interference.-History:...
of Malaysia. The case concerned the allegedly wrongful dismissal of Tan Tek Seng, a schoolteacher. In ruling in his favour, the Court of Appeal held that Articles 5 and 8 of the Constitution
Constitution of Malaysia
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation...
, which protect personal liberty and equality under the law, must be read with a liberal and not literal approach. In his judgment, Gopal Sri Ram held:
Since Tan was deprived of gainful employment without a fair hearing, under this broad interpretation of Article 5, his dismissal was wrongful and unconstitutional. In 1997, the Federal Court cited the decision with approval as part of an obiter dictum
Obiter dictum
Obiter dictum is Latin for a statement "said in passing". An obiter dictum is a remark or observation made by a judge that, although included in the body of the court's opinion, does not form a necessary part of the court's decision...
in R. Rama Chandran v. The Industrial Court of Malaysia. However, when ruling directly on the interpretation of Article 5 in 2002, the Federal Court held in Pihak Berkuasa Negeri Sabah v. Sugumar Balakrishnan & Another
Pihak Berkuasa Negeri Sabah v. Sugumar Balakrishnan & Another
Pihak Berkuasa Negeri Sabah v. Sugumar Balakrishnan & Another 4 CLJ 105 was a case heard in the Federal Court of Malaysia. Sugumar Balakrishnan sought the reinstatement of his entry permit to the state of Sabah...
that a generous reading of the term "personal liberty" in Article 5 was in error. The Federal Court later revisited the issue in 2009, and ruled in Lee Kwan Woh v. Public Prosecutor
Lee Kwan Woh v. Public Prosecutor
Lee Kwan Woh v. Public Prosecutor [2009] 5 CLJ 631 was a case heard in the Federal Court of Malaysia. The Federal Court unanimously allowed Lee's appeal against the death sentence because of irregularities in his original trial for drug trafficking in the High Court, and held that the trial judge's...
that constitutional rights, including those under Article 5, must be read in a generous and liberal fashion.
See also
- Loh Wai Kong v. Government of MalaysiaLoh Wai Kong v. Government of MalaysiaLoh Wai Kong v. Government of Malaysia 2 MLJ 33 was a case heard in the Federal Court of Malaysia. Loh Wai Kong sought a ruling from the courts that Malaysian citizens were entitled to travel overseas as a fundamental right under Article 5 of the Constitution. The Federal Court ruled that no such...