Chapter 3 - Report of the Research and Policy Development Group
Front row (from left): Mr Brian Burdekin AO (Former Human Rights Commissioner of Australia
and former Special Advisor on National Institutions to the High Commissioner for Human
Rights); YAA Tan Sri Dato’ Seri Zulkefli Ahmad Makinudin (Chief Judge of Malaya); Tan Sri
Hasmy Agam (Chairman of the Commission); YAA Tun Arifin Zakaria (Chief Justice of the
Federal Court Malaysia); Justice JS Verma (Former Chief Justice of India and former Chairman
of the National Human Rights Commission of India); YAA Tan Sri Dato’ Seri Md Raus Sharif
(President of the Court of Appeal); and YAA Tan Sri Datuk Seri Panglima Richard Malanjum
(Chief Judge of Sabah and Sarawak)
Back row (from left): Ms Jannie Lasimbang (Commissioner), Mr Muhammad Sha’ani Abdullah
(Commissioner), Mr Andrew Khoo; YAA Dato’ Mohamad Ariff Md Yusof (Judge of the Court of
Appeal); Datuk Dr Khaw Lake Tee (Vice-Chairman of the Commission); Professor Emeritus
Datuk Dr Shad Saleem Faruqi; Mr Detta Samen (Commissioner); Mr James Nayagam
(Commissioner); and Ms Rodziah Abdul (Secretary of the Commission)
A number of issues were discussed:
(i)
Encouraging the Judiciary to apply the ‘prismatic approach’
Reference was made to the case of Lee Kwan Woh v Public Prosecutor where the Federal
Court had unanimously allowed Lee’s appeal against the death sentence because of
irregularities in his original trial in the High Court for drug trafficking. The Federal Court
further held that constitutional rights must be read in prismatic and generous fashion, and
not literally.
For instance, Article 5 of the Federal Constitution on the right to life should be interpreted
to mean more than just living and dying; it should also consider among others, the right to
water and the right to a clean environment.
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