Malaysia legislation

Article 167

of Federal Constitution

Article 167

Rights, liabilities and obligations

(1)

(Repealed).

(2)

(Repealed).

(3)

(Repealed).

(4)

(Repealed).

(5)

(Repealed).

(6)

The Attorney General shall, on the application of any party interested in any legal proceedings, other than proceedings between the Federation and a State, certify whether any right, liability or obligation is by virtue of this Article a right, liability or obligation of the Federation or of a State named in the certificate, and any such certificate shall for the purposes of those proceedings be final and binding on all courts, but shall not operate to prejudice the rights and obligations of the Federation and any State as between themselves.

(7)

The Federation shall make the like annual payments as fell to be made before Merdeka Day under Article II of the Treaty made on the sixth day of May, eighteen hundred and sixty-nine, between Her Majesty of the one part and the King of Siam of the other part relative to the State of Kedah.

163

[Article 166]

Federal Constitution

Art. 167

Clauses (1), (2), (3), (4) & (5)

These Clauses were repealed by Act 25/1963, section 8, in force from 29-08-1963 and read as follows:

“167. (1) Subject to the provisions of this Article, all rights, liabilities and obligations of—

(a)

Her Majesty in respect of the government of the Federation; and

(b)

the Government of the Federation or any public officer on behalf of the Government of the Federation, shall on and after Merdeka Day be the rights, liabilities and obligations of the Federation.

(2)

Subject to the provisions of this Article, all rights, liabilities and obligations of—

(a)

Her Majesty in respect of the government of Malacca or the government of

Penang,

(b)

His Highness the Ruler in respect of the government of any State, and

(c)

the Government of any State, shall on and after Merdeka Day be the rights, liabilities and obligations of the respective

States.

(3)

All rights, liabilities and obligations relating to any matter which was immediately before

Merdeka Day the responsibility of the Federation Government but which on that date becomes the responsibility of the Government of a State, shall on that day devolve upon that State.

(4)

All rights, liabilities and obligations relating to any matter which was immediately before Merdeka Day the responsibility of the Government of a State but which on that day becomes the responsibility of the Federal Government, shall on that day devolve upon the Federation.

(5)

In this Article, rights, liabilities and obligations include rights, liabilities and obligations arising from contract or otherwise, other than rights to which Article 166 applies.”.

Federal Constitution