Travel ban imposed on Maria Chin within permissible grounds

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PUTRAJAYA: The travel ban imposed on Maria Chin Abdullah (pix) was within the permissible grounds as it involved questions of government policy and na...

: The travel ban imposed on Maria Chin Abdullah was within the permissible grounds as it involved questions of government policy and national interest with potential effects on the diplomatic relationship with South Korea, the Federal Court heard today.

Referring to case-law in Government of Malaysia and Ors v Loh Wai Kong, Shamsul said the Federal Court had decided in that case that personal liberty in Article 5 of the Federal Constitution does not confer on the citizen a fundamental right to travel overseas.Maria was barred from travelling to South Korea on May 15, 2016, to receive an award for Bersih 2.0. However, the travel ban was lifted two days later.

The lawyer said Section 3 or Section 4 of the Immigration Act 1959 does not confer the power to the Immigration DG to impose a travel ban or to issue a circular that carried with it the force of law, while Article 10 of the Federal Constitution states only Parliament and not the Executive may restrict the freedom of speech and assembly.

 

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