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2016 MarsdenLR 876

HIGH COURT MALAYA MELAKA
CHOO YEOH JEE & ORS – Appellant
Versus
PESURUHJAYA SUKAN – Respondent
[Judicial Review No: 25-05-06-2015]



The court affirmed the respondent's authority to revoke sports body registrations under the Sports Development Act, finding no procedural impropriety.

Headnote:The application for judicial review was made by the office-bearers of PMM, seeking to quash a decision by the Commissioner of Sports revoking its registration under the Sports Development Act 1997. The court found no procedural impropriety and affirmed the respondent's authority under the Act to revoke the registration. The applicants' allegations of ultra vires action were dismissed, as the Commissioner acted within jurisdiction. The substantive application was dismissed with costs.

Table of Content
1. application seeking to quash revocation of sports body registration. (Para 1 , 4 , 5 , 24)
2. grounds for judicial review regarding procedural impropriety and authority. (Para 20 , 21 , 40)
Vazeer Alam Mydin Meera J:

The Application

[1] This is an application by the applicants for judicial review, seeking inter alia, the following reliefs:-

(i) an order of certiorari to quash the decision of the respondent dated 11 March 2015 revoking the registration of Persatuan Menembak Melaka ("PMM") as a sports body under the Sports Development Act 1997 ("Act 576");

(ii) a declaration that the aforesaid order of the respondent dated 11 March 2015 is null, ultra vires and void and has no effect;

(iii) an order for stay of the respondent's aforesaid decision pending disposal of this application;

(iv) cost; and

(v) other consequential reliefs deemed appropriate by the court.

[2]Ex parte leave was granted and thereafter the applicants filed the substantive application for judicial review. After hearing parties, I dismissed the substantive application for the following reasons

The Facts

[3] The first to fourth applicants are the office-bearers of PMM, whilst the fifth applicant is PMM's Captain. The applicants have filed this judicial review application in their individual capacity as well as for and on behalf of PMM.

[4] PMM, also known as the Malacca Shooting Association, was registered on 16 August 1966 as a lawful society under s 7 of the Societies Act 1966. The objects for which PMM was formed included, inter alia, the encouragement and promotion of clay pigeon shooting, pistol and revolver shooting, rifle shooting, target shooting, and all other kinds or forms of shooting to foster mutual goodwill, understanding and friendship by providing opportunities for members to share in social, sporting and recreational activities of all kinds And towards achieving this object, PMM, as a state level organisation, sought affiliation with such national and international associations or bodies whose objects are similar to those of PMM.

[5]Act 576, which came into effect on 1 January 1998, in s 16, provides that:-

Any sports body registered under the Societies Act 1966 shall. on the date of coming into force of this Act, cease to be registered under the Societies Act 1966 and shall, within five months thereof, apply to the Commissioner to be registered under this Act to carry out any sporting activity; and such sports body shall continue to operate as a sports body until notified otherwise by the Commissioner

The provisions of s 16 of Act 576 would affect PMM being a sports body registered under the Societies Act 1966. Subsequently on 29 May 1998, the respondent, as the Commissioner of Sports, registered PMM as a sports body pursuant to the provisions of s 17 of Act 576, and issued a certificate of registration subject to the terms contained therein. It is pertinent to refer to several of these conditions, namely:-

2. PENGGANTUNGAN DAN PEMBATALAN

Pesuruhjaya Sukan boleh membatalkan atau menggantung pendaftaran badan sukan jika Pesuruhjaya Sukan berpuashati bahawa badan sukan melakukan perkara di bawah perenggan (a), (b), (c), (d), (e), (f) dan (g) subseksyen (1) s 20 Akta Pembangunan Sukan 1997.

3. MAKLUMAT YANG KENA DIBERI

Tiap-tiap badan sukan hendaklah menghantarkan kepada Pesuruhjaya Sukan dalam masa 28 hari selepas mengadakan Mesyuarat Agung tahunannya:'

......

(ii) Suatu senarai yang benar dan lengkap mengenai pemegang- pemegang jawatan.

......

(v) Apa-apa lain maklumat sebagaimana yang dikehendaki oleh Pesuruhjaya Sukan dari masa ke semasa.

These conditions, which are merely the reiteration of statutory provisions in Act 576 is of relevance to the adjudication of the issues raised in this application.

[6] According to the applicants, PMM presently has 914 members of whom 600 are 'Associate and Ordinary Members' and 314 are 'Life Members'. PMM is affiliated to the National Shooting Association of Malaysia ("NSAM"), which in turn is affiliated to the

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