PAI SAN & 13 LAGI V PENDAKWA RAYA

PAI SAN & 13 LAGI V PENDAKWA RAYA

The Fisheries Act 1985 must be read together with the Exclusive Economic Zone Act 1984; s.38(1) EEZA84 contemplates offences under FA85 and requires consent of the Public Prosecutor but does not usurp Article 145(3); the Public Prosecutor's consent was valid and therefore the fisheries officer was lawfully...

Source-derived case information.

Citation
PAI SAN & 13 LAGI V PENDAKWA RAYA
Parties
Appellant: Pai San & Ors; Respondent: Public Prosecutor (PP)
Court
Malaysian court
Jurisdiction
Malaysia
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Appeal From High Court (challenge to Validity of Prosecution)
Outcome
Appeal dismissed; trial to continue
Legal Topics
Prosecution Authority, Public Prosecutor Consent, Validity of Prosecution by Departmental Officer, Statutory Interpretation, Article 145(3) Federal Constitution, Exclusive Economic Zone Act 1984
Source Language
en
Criminal Procedure Constitutional Law Fisheries Law Maritime Law Administrative Law Prosecution Authority Public Prosecutor Consent Validity of Prosecution by Departmental Officer +3 more

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Summary, issues, holding and outcome

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Parties

Pai San & Ors

Appellant

Public Prosecutor (PP)

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Appeal From High Court (challenge to Validity of Prosecution)

Legal Issues

  1. 1 Whether consent under s.38(1) Exclusive Economic Zone Act 1984 is effective for offences under s.15(1) Fisheries Act 1985
  2. 2 Whether the Fisheries Act 1985 must be read together with the Exclusive Economic Zone Act 1984
  3. 3 Whether s.38(1) EEZA84 is ultra vires Article 145(3) Federal Constitution

Ratio Decidendi

The Fisheries Act 1985 must be read together with the Exclusive Economic Zone Act 1984; s.38(1) EEZA84 contemplates offences under FA85 and requires consent of the Public Prosecutor but does not usurp Article 145(3); the Public Prosecutor's consent was valid and therefore the fisheries officer was lawfully authorised to conduct the prosecution; appeal dismissed and trial to continue.

Court Disposition

Appeal dismissed; trial to continue

Orders

  • Appeal dismissed
  • Proceedings to continue before the magistrate