Sim Kie Chon V. Superintendent Of Pudu Prison & Ors
The Royal Prerogative Of Mercy?
Keywords:
death penalty, death sentence, drug trafficking, Dangerous Drugs Act, Internal Security Act 1960, ISA, Pardons Board Malaysia, Pardons Board, Equality, right to equality, equal treatment, Article 8(1) Federal Constitution, Article 8(1), Malaysian Constitution, fundamental libertiesAbstract
The power of the Yang di-Pertuan Agong to grant pardons is found in Article 42 of the Federal Constitution and Regulation 29 of the Essential (Security Cases) Amendment Regulations 1975, as amended in 1981 (ESCAR). Until recently the pardon power had not attracted much judicial attention. This, however, changed dramatically in 1985. In perhaps the most controversial case of the year, Sim Kie Chon, a prisoner awaiting execution, challenged the denial by the Pardons Board of his application for pardon as a violation of equal protection of the law guaranteed by Article 8(1) of the Federal Constitution.
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Published
2019-01-13
How to Cite
Crook, P. (2019). Sim Kie Chon V. Superintendent Of Pudu Prison & Ors: The Royal Prerogative Of Mercy?. Journal of Malaysian and Comparative Law, 13(1 and 2), 195–206. Retrieved from https://mjlis.um.edu.my/index.php/JMCL/article/view/15972
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