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Johnson Tan Han Seng v. Public Prosecutor [1977] 2 MLJ 66 is a Malaysian case concerning the lapsing of a Proclamation of Emergency by the Yang di-Pertuan Agong (King).
Facts: In this case, the accused had been charged with possessing firearms and ammunition in a security are proclaimed by the government, violation of section 57 (1) of the International Security Act (ISA). After a preliminary inquiry, the cas was committed to trial in the High Court.
Case Fact. Johnson Tan Han Seng v. Public Prosecutor [1977] 2 MLJ 66 is a Malaysian case concerning the lapsing of a Proclamation of Emergency by the Yang di-Pertuan Agong (King).
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1. Johnson Tan Han Seng v. P.P. (1977) 2 MLJ 66 at 71. 2. Art. 76 of the Constitution of India provides: (2) It shall be the duty of the Attorney General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character,
The Public Prosecutor (‘PP’) had appealed against the decision of the High Court in acquitting and discharging the respondent of an offence under s. 377C Penal Code and, for that purpose, had appointed an advocate (‘Dato Seri Shafee’) as a Deputy Public Prosecutor (‘DPP’) to prosecute the appeal before the Court of Appeal.
In view of the recent developments in the country and the ever-increasing calls for reform to the criminal justice system, the Bar Council Malaysia is persuaded to consider the need and viability of separating the posts of the Attorney General and Public Prosecutor.
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