Article 5: Liberty of the person

 

Article 5 is a sub-topic of Fundamental Liberties in Federal Constitution. Article 5 provides rights to liberty of the person. Article 5(1) states that no person shall be deprived of his life or personal liberty in accordance with law, as person refers to citizens or non-citizens.  Article 5(2) states that they provide a right of habeas corpus to a person who is unlawfully. Article 5(3) gives the rights to the arrested persons to be informed as soon as maybe of the grounds and the rights to having consultation. Article 5(4) states that the arrested persons have rights to be produced before Magistrate within 24 hours.  

 

Two cases are related to article 5. The first case is Loh Wai Kong v Government of Malaysia.  Loh had sued the government for refusing to issue him a passport on the grounds that he was involved in a criminal case and that the issuance of a passport was at the discretion of the king. The word “personal liberty” in Article 5(1) does not include the right to travel overseas or the right to a passport, therefore Loh’s sue was rejected by Government.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Below is the case of Loh Wai Kong v Government of Malaysia.

 

 

 

 

 

The second case is Ooi Kean Thong & Siow Ai Wei v DPP. It was about a case which two couples making their affectionate in the public and were found committed an offense. No one shall be deprived of their life or personal liberties, but according to this case, they have to be considerate to their surrounding with this kind of behavior. 

 

 

 

 

 

 

 

 

 

 

 

Below is the case of Ooi Kean Thong & Siow Ai Wei v PP.

 

 

 

 

There is a consequence for this rule. What is it? It is that police are not allowed to arrest a person solely for purpose to questioning or fishing of evidence.

 

Personal Liberty is defined as 'the soul's right to breathe' with the power of doing what is allowed by the law. In Malaysia, what rights from the citizens have been denied by court? The court had deny the rights to travel overseas or to own passport, to speedy and expeditious trial, and to kiss or to hug in public.

 

We found that people have the rights to liberty of person. However, there are conditions or limitations under the article that have to be obeyed. For thee case of Ooi Kean Thong & Siow Ai Wei v DPP, it is obvious that every person have to reconsider their position and surrounding before making actions even though every person have to freedom to have their own living. Beware of creating a mess before it's too late!