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FEDERAL COURT PUTRAJAYA
GIN POH HOLDINGS SDN BHD – Appellant
Versus
THE GOVERNMENT OF THE STATE OF PENANG & ORS – Respondent
| Table of Content |
|---|
| 1. petitioner's claim based on land compensation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. challenges to legislative power of parliament and state. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. court's observations on jurisdiction and competency. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
[1] The petitioner was granted leave by this court on 9 August 2016, pursuant to art 4(4) of the Federal Constitution, to bring this Petition against the respondents. The petitioner seeks the following reliefs:
(i) a declaration that the Chief Minister of Penang (Incorporation) Enactment 2009 (Enactment 9) or alternatively ss 3, 4 and 5 of Enactment 9 is/are invalid and void as being a law which the State Legislature of the State of Penang has no power to make; and
(ii) a declaration that the Incorporation (State Legislatures Competency) Act 1962 (Act 380), or alternatively s 3 and item 5 of the First Schedule thereof, in so far as it allows the incorporation of the Office of the Chief Minister of Penang with perpetual succession and permits the corporation to engage in commercial activities is/are invalid and void as being a law which Parliament has n
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