[Article 42]
Federal Constitution
47
(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.
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