Suchergebnisse

Freedom of information (FOI) refers to the right given to the public to seek information from government bodies. In Malaysia, to date, there is no federal legislation on the right to information. The system of official secrecy under the Official Secrets Act 1972 is the default system of information access. This paper aims to discuss the current constitutional setup, information disclosure system in Malaysia and the cost-benefit analysis of enacting the Freedom of Information Act at the Federal level. This article uses content analysis methods of previous literature, courts' judgements, and statutory interpretation. This article also studies the international paradigm of FOI in various human rights instruments. This article concludes that the arguments favouring enacting the FOI law outweigh the contentions against such regulation.

Article 161A of the Federal Constitution provides for the special position of natives of Sabah and Sarawak. Who are the natives of Sabah? There are legal definitions provided in the Federal Constitution, the State Constitution of Sabah and the Sabah Interpretation (Definition of Native) Ordinance 1952. However, each provision provides vague and unclear definitions for the term "native". This vague and inconsistent definition leads to so many problems faced by the natives of Sabah, both in economic and political aspects. Thus, this paper aims to analyse the relevant legal provisions concerning the definition of a native of Sabah and highlight possible solutions to the problems.