Thursday, March 31, 2011

Case reference on Public Order

Tan Boon Liat v Menteri Hal Ehwal Dalam Negeri [1976] 2 MLJ 83

The expression Public Order is not defined anywhere but danger to human life and safety and the disturbance of public tranquility must necessarily fallwithin the purview of the expression....The test to be adopted in determining whether an act affects law and order or public order is this: Does it lead to disturbance of the current of life of the community so as to amount to disturbance of the public order or does it affect merely an individual leaving the tranquility of the society undisturbed?

This case can be used when there is a factual issue about police not approving permits for gathering. The main focus of the argument would be - the individual and the community. In real life, there would have been one person who would have made a police report against the gathering.

No comments:

Post a Comment