[Article 42]
Federal Constitution
48
(7) A member of the Legislative Assembly of a State or of
the House of Representatives shall not be appointed by the Ruler
or Yang di-Pertua Negeri to be a member of a Pardons Board or
to exercise temporarily the functions of such a member.
(8) The Pardons Board shall meet in the presence of the Ruler
or Yang di-Pertua Negeri and he shall preside over it.
(9) Before tendering their advice on any matter a Pardons
Board shall consider any written opinion which the Attorney
General may have delivered thereon.
(10) Notwithstanding anything in this Article, the power to
grant pardons, reprieves and respites in respect of, or to remit,
suspend or commute sentences imposed by any court established
under any law regulating Islamic religious affairs in the State of
Malacca, Penang, Sabah or Sarawak or the Federal Territories of
Kuala Lumpur, Labuan and Putrajaya shall be exercisable by the
Yang di-Pertuan Agong as Head of the religion of Islam in the
State.
(11) For the purpose of this Article, there shall be constituted
a single Pardons Board for the Federal Territories of Kuala
Lumpur, Labuan and Putrajaya and the provisions of Clauses (5),
(6), (7), (8) and (9) shall apply mutatis mutandis to the Pardons
Board under this Clause except that reference to “Ruler or Yang
di-Pertua Negeri” shall be construed as reference to the Yang
di-Pertuan Agong and reference to “Chief Minister of the State”
shall be construed as reference to the Minister responsible for
the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.
(12) Notwithstanding anything contained in this Constitution,
where the powers mentioned in this Article—
(a) are exercisable by the Yang di-Pertua Negeri of a State
and are to be exercised in respect of himself or his
wife, son or daughter, such powers shall be exercised
by the Yang di-Pertuan Agong acting on the advice of
the Pardons Board constituted for that State under this
Article and which shall be presided over by him;
(b) are to be exercised in respect of the Yang di-Pertuan Agong,
the Ruler of a State, or his Consort, as the case may
be, such powers shall be exercised by the Conference
of Rulers and the following provisions shall apply:
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