article 7 prohibition of retrospective criminal law

Article 7:

Protection Against Retrospective Criminal Laws

Article 7 (1)

No person shall be punished for an act or omission which was not punishable by law when it was done or made,

and no person shall suffer greater punishment

for an offence than was prescribed by law at the time it was committed.

In article 7 (1):First Limb

No person shall be punished for an act or omission which was not punishable by

law when it was done or made

Second Limb.

No person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed.

Prohibition of Retrospective Criminal Laws

Retrospective alterations of substantive criminal law and punishment are not permitted.

Retrospective alterations of procedural law are permitted.

Loh Kooi Choon [1977] 2 MLJ 18 The safeguard in Article 5(4) of the Constitution

applies to any person arrested under any law including the Restricted Residence Enactment.

Later the provision was amended. The effect of the amendment is to deprive the

appellant of the protection afforded to him.

The appellant questioned the constitutional validity of the retrospective amendment of article 5(4) namely.

Loh Kooi Choon Held:

Constitutional provisions, like statutes, always operate prospectively and not retrospectively unless words used clearly indicate that a retrospective intention is intended.

An express intention that a constitution shall operate retrospectively will be enforced.

Prohibition of Retrospective Criminal LawsNordin Yusmadi Yusoff v. Public Prosecutor [1997]

4 CLJ 25

Ling Sing Hiaw v PP [1965] 1 MLJ 85 .

PP v Musa [1970}1 MLJ 101

PP V Mohamed Ismail [1984] 2 MLJ 219

PP v Hun Peng Khai [1984] 2 MLJ 318

HAW TUA TAU V. PUBLIC PROSECUTOR 1980 1 MLJ 2