On the contrary, we are of the view that the intention of the framers of the Constitution
is to provide for the continuance of all existing laws including the Act, subject to any
modifications as may be made so as to bring it into accord with the Constitution. The
existing law is only rendered void or invalid if it could not be brought into accord with
the Constitution. This is to be contrasted with the treatment of post Merdeka Day
legislation which by virtue of Art.4 (1) is rendered null and void to the extent of its
inconsistency with the Constitution. [25]
What we can gather from the above is that, it is thus the intention of the framers of the
Constitution to ensure that the existing law will continue to be valid and enforceable
upon the coming into operation of the Constitution on Merdeka Day. It follows therefore
that the Act being the “existing law” at the material date should continue to be valid
and enforceable post-Merdeka Day. For the above reasons, our answer to the second
question is in the positive. [27] – [28]
First question
The first question before us is whether s.4 (1) of the Act is consistent with Art.10 (2)
(a) of the Constitution. Art. 10 (1) (a) provides for freedom of speech, assembly and
association. It is, however, commonly acknowledged that the rights conferred by the
said Article are not absolute (see Public Prosecutor v Ooi Kee Saik & Ors [1971] 2
MLJ 108; Madhavan Nair & Anor v. Public Prosecutor [1975] 2 MLJ 264). This is clear
from Art. 10(2) itself which states that the rights conferred by Art. 10(1) (a) (b) and (c)
are subject to clauses (2), (3) and (4). What concerns us here is the kind of restriction
which may be imposed under Art.10 (1) (a). [29]
By Art. 10 (2), Parliament is given the right to impose such restrictions as it deems
necessary or expedient in the interest of the security of the Federation and other
grounds enumerated in clause (2)(a). What this means is that Parliament or the
legislature is not free to impose any restrictions as they fancy; the restrictions must fall
within the parameters set out by clause (2) (a) of Art. 10. [30]
The constitutionality of s.8A(1) of the Printing Presses and Publications Act 1984 came
for consideration of the Supreme Court in Public Prosecutor v. Pung Chen Choon
6
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