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2017 MarsdenLR 2354

COURT OF APPEAL KOTA KINABALU
AMBIGA SREENEVASAN – Appellant
Versus
DIRECTOR OF IMMIGRATION SABAH & ORS – Respondent


Petitioner Advocates:Michael Chow ,Respondent Advocate: Rahazlan Affandi Abdul Rahim

"[5] The other principle of constitutional interpretation that is relevant to the present appeal is this. Provisos or restrictions that limit or derogate from a guaranteed right must be read restrictively. Take art 10(2)(c). It says that Parliament may by law impose... (c) on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, public order or morality. Now although the article says restrictions, the word reasonable should be read into the provision to qualify the width of the proviso. The reasons for reading the derogation as such reasonable restrictions appear in the judgment of the Court of Appeal in Dr Mohd Nasir Hashim v. Menteri Dalam Negeri Malaysia, [2006] 6 MLJ 213 ; [2007] 1 CLJ 19 which reasons are now adopted as part of this judgment."
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