Malaysia legislation
Article 42
Article 42
Power of pardon, etc.
(1)
The Yang di-Pertuan Agong has power to grant pardons, reprieves and respites in respect of all offences which have been tried by court-martial and all offences committed in the Federal
Territories of Kuala Lumpur, Labuan and Putrajaya; and the Ruler or Yang di-Pertua Negeri of a State has power to grant pardons, reprieves and respites in respect of all other offences committed in his State.
46
[Article 40]
Federal Constitution
Art. 40
See Art. 153(2).
Clause (1a): Inserted by Act A885, section 4, in force from 24-06-1994.
Clause (2)
The words “Their Royal Highnesses” substituted for the words “Their Highnesses” by Act
A31, section 2, in force from 24-03-1971.
Clause (3): See Art. 42(4)(a).
Art. 42
Clauses (1), (2) & (10)
a. The words “Territories of Kuala Lumpur and Labuan” substituted for the word
“Territory” by Act A585, paragraph 12(a), in force from 16-04-1984.
b. Subsequently the words “Kuala Lumpur, Labuan and Putrajaya” substituted for the words
“Kuala Lumpur and Labuan” by Act A1095, paragraph 14(a), in force from 01-02-2001.
Clause (1)
a. The words “and all offences committed in the Federal Territory” which appear after the word “court-martial” were inserted by Act A206, section 11, in force from 01-02-1974.
b. The words “Yang di-Pertua Negeri” substituted for the words “Governor” by Act A354, section 42, in force from 27-08-1976.
Federal Constitution
(2)
Subject to Clause (10), and without prejudice to any provision of federal law relating to remission of sentences for good conduct or special services, any power conferred by federal or State law to remit, suspend or commute sentences for any offence shall be exercisable by the Yang di-Pertuan Agong if the sentence was passed by a court-martial or by a civil court exercising jurisdiction in the Federal Territories of Kuala Lumpur,
Labuan and Putrajaya and, in any other case, shall be exercisable by the Ruler or Yang di-Pertua Negeri of the State in which the offence was committed.
(3)
Where an offence was committed wholly or partly outside the Federation or in more than one State or in circumstances which make it doubtful where it was committed, it shall be treated for the purposes of this Article as having been committed in the State in which it was tried. For the purpose of this Clause the Federal
Territory of Kuala Lumpur, the Federal Territory of Labuan and the Federal Territory of Putrajaya, shall each be regarded as a
State.
(4)
The powers mentioned in this Article—
(a)
are, so far as they are exercisable by the Yang di-Pertuan
Agong, among functions with respect to which federal law may make provision under Clause (3) of Article 40;
(b)
shall, so far as they are exercisable by the Ruler or Yang di-Pertua Negeri of a State, be exercised on the advice of a Pardons Board constituted for that State in accordance with Clause (5).
(5)
The Pardons Board constituted for each State shall consist of the Attorney General of the Federation, the Chief Minister of the State and not more than three other members, who shall be appointed by the Ruler or Yang di-Pertua Negeri; but the Attorney
General may from time to time by instrument in writing delegate his functions as a member of the Board to any other person, and the Ruler or Yang di-Pertua Negeri may appoint any person to exercise temporarily the functions of any member of the Board appointed by him who is absent or unable to act.
(6)
The members of a Pardons Board appointed by the Ruler or Yang di-Pertua Negeri shall be appointed for a term of three years and shall be eligible for reappointment, but may at any time resign from the Board.
47
[Article 42]
Federal Constitution
Art. 42—(cont.)
Clause (2)
a. The words “or by a civil court exercising jurisdiction in the Federal Territory” which appear after the word “court-martial” were inserted by Act A206, section 11, in force from 01-02-1974.
b. The words “Yang di-Pertua Negeri” substituted for the word “Governor” by Act A354, section 42, in force from 27-08-1976.