TITULAR ROMAN CATHOLIC ARCHBISHOP OF KUALA LUMPUR vs MENTERI DALAM NEGERI & ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 MarsdenLR 2254

FEDERAL COURT PUTRAJAYA
TITULAR ROMAN CATHOLIC ARCHBISHOP OF KUALA LUMPUR – Appellant
Versus
MENTERI DALAM NEGERI & ORS – Respondent

Table of Content
1. application for leave to appeal process. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. imposition of ministerial conditions on publication permit. (Para 8 , 10 , 11)
3. judicial review criteria assessment. (Para 12 , 19 , 22 , 23)
4. constitutional law regarding freedom of expression. (Para 36 , 37)
5. finality of judgments affecting public order. (Para 46 , 48)

[1] This is an application for leave to appeal against the decision of the Court of Appeal dated 14 October 2013 in allowing the respondents appeal against the decision of the High Court. A number of questions of law were posed by the applicant and are divided into three parts. (see Appendix)

Facts

[2] The applicant is the publisher of "Herald - the Catholic Weekly" (the Herald). The Herald is published on behalf of the Bishops of Peninsular Malaysia pursuant to a publication permit (the permit) issued by the 1st respondent under the Printing Presses and Publications Act 1984 (the Act).

[3] The 1st respondent is the Minister charged with the responsibility of regulating the publishing and distribution of publications under the Act (the Minister).

[4] The 2nd respondent is the Government of Malaysia.

[5] The 3rd to 7th and

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2014 MarsdenLR 2254

FEDERAL COURT PUTRAJAYATITULAR ROMAN CATHOLIC ARCHBISHOP OF KUALA LUMPUR – AppellantVersusMENTERI DALAM NEGERI & ORS – Respondent

Cases Referred (3)

FEDERAL COURT PUTRAJAYA
TITULAR ROMAN CATHOLIC ARCHBISHOP OF KUALA LUMPUR – Appellant
Versus
MENTERI DALAM NEGERI & ORS – Respondent