Malaysia legislation

Article 149

of Federal Constitution

Article 149

Legislation against subversion, action prejudicial to public order, etc.

(1)

If an Act of Parliament recites that action has been taken or threatened by any substantial body of persons, whether inside or outside the Federation—

(a)

to cause, or to cause a substantial number of citizens to fear, organized violence against persons or property;

or

(b)

to excite disaffection against the Yang di-Pertuan Agong or any Government in the Federation; or

(c)

to promote feelings of ill-will and hostility between different races or other classes of the population likely to cause violence; or

(d)

to procure the alteration, otherwise than by lawful means, of anything by law established; or

(e)

which is prejudicial to the maintenance or the functioning of any supply or service to the public or any class of the public in the Federation or any part thereof; or

(f)

which is prejudicial to public order in, or the security of, the Federation or any part thereof, any provision of that law designed to stop or prevent that action is valid notwithstanding that it is inconsistent with any of the provisions of Article 5, 9, 10 or 13, or would apart from this

Article be outside the legislative power of Parliament; and 140

[Article 148]

Federal Constitution

Art. 148—(cont.)

Clause (2)

a. The present Clause was substituted by Act 14/1962, section 32, in force from 21-06-1962. The earlier Clause read as follows:

“(2) In this Part “ex officio member” includes a Minister, the Chief Justice and other judges of the Supreme Court, and the Attorney General.”.

b. Act 26/1963, subsection 59(2) and section 70, in force from 16-09-1963, substituted the words “Federal Court or of a High Court” for the words “Supreme Court” and added thereafter the words “and ‘State Public Service Commission’ means, in relation to any State, a Commission exercising functions in respect of members of the public service of the State and corresponding in status and jurisdiction to the Public Services

Commission”.