JUDGMENT

Richard Malanjum CJ (Sabah & Sarawak):

(1) I have had the advantage of reading in drafts the respective judgments of my learned brothers, Zulkefli bin Ahmad Makinudin FCJ and Mohd Ghazali bin Mohd Yusoff FCJ.

(2) With respect I am inclined to agree with the draft judgment of Zulkefli bin Ahmad Makinudin FCJ.

(3) I would add that the term law in a given legislation including a written constitution has been understood to encompass both substantive law and procedure including the rules of natural justice.

(4) Thus, in Ong Ah Chuan v. Public Prosecutor And Another Appeal (1981) 1 MLJ 64 Lord Diplock at p. 71 said this:

In a Constitution founded on the Westminster model and particularly in that part of it that purports to assure to all individual citizens the continued enjoyment of fundamental liberties or rights, references to law, protection of the law and the like, in their Lordships view, refer to a system of law which incorporates those fundamental rules of natural justice that had formed part and parcel of the common law of England that was in operation in Singapore at the commencement of the Constitution.

It would have been taken for granted by the makers of the