Fundamental Liberties :

Article 9
 Introduction
• Article 9 is on prohibition of banishment
and freedom of movement
• Therefore freedom of movement in
Malaysia is constitutionally guaranteed
and regarded as part of Human Rights
• What is Banishment?
 Article 9 vs UDHR
• Under UDHR freedom of movement is protected
under Article 13 of the UDHR
• Universally recognized
Article 13.
(1)Everyone has the right to freedom of movement
and residence within the borders of each state.
(2)(2) Everyone has the right to leave any country,
including his own, and to return to his country.
 Article 9 vs ECHR
• Interestingly, Part I of ECHR does not expressly
stipulates the rights for Prohibition of Banishment and
Freedom of Movement.
• However it is mentioned in Protocol 4 to the Convention
for the Protection of Human Rights and Fundamental
Freedoms, securing certain rights and freedoms other
than those already included in the Convention and in the
first Protocol ; where provides;
– Article 2 provides for a right to freely move within a country once
lawfully there and for a right to leave any country.
– Article 3 prohibits the expulsion of nationals and provides for the
right of an individual to enter a country of his or her nationality.
– Article 4 prohibits the collective expulsion of foreigners.
 Article 9
Prohibition of banishment and freedom of movement

9. (1) No citizen shall be banished or excluded from the Federation.

(2) Subject to Clause (3) and to any law relating to the security of
the Federation or any part thereof, public order, public health, or
the punishment of offenders, every citizen has the right to
move freely throughout the Federation and to reside in any
part thereof.
(3) So long as under this Constitution any other State is in a
special position as compared with the States of Malaya,
Parliament may by law impose restrictions, as between that State and
other States, on the rights conferred by Clause (2) in respectof
movement and residence.
 Article 9
• Rationale of the provision was explained by Raja Azlan
Shah J in Assa Singh;

“Reading the provisions of Article 9 together, it is

reasonably clear that it was designed primarily to
emphasise the factual unity of the Federation and to
secure the right of a free citizen to move from one
place to one place in the Federation and to reside in
any part thereof. In short, the object of Article 9, is to
remove all internal barriers in the country and to make it
a dwelling place of all citizens.”

• These rights are nevertheless limited and are subject to

any laws relating to security, public order, public health or
the punishment of offenders.
 Article 9
• The Court explained the exceptions to the provision in
relation to the position of the Borneo States in Dato Syed
Kechik bin Sayed Mohamed v Government of Malaysia.
• In the case of Dato Syed Kechik, a person born in Kedah
was afraid that he may be expelled from Sabah. Lee Hun
Hoe CJ (Borneo) held : “Article 9…is…subject to the
special provisions of the immigration laws relating to the
two Borneo states. In so far as immigration is concerned,
the Borneo tates have full control…The Immigration Act,
1963, which gives each of the Borneo States wide
powers to control entry into and residence in the State
can only as, as to these provisions, be changed with the
concurrence of the State concerned… The Borneo
States are, with certain exceptions, permitted to treat an
ordinary Malaysian from peninsular Malaysia seeking
 Article 9
• Further being elaborated in Pihak Berkuasa Negeri
Sabah v Sugumar Balakrishnan where the respondent
served a cancellation of entry into the state of Sabah
under Immigration Act 1959/1963.
• The court held that, Part VII of the Act was merely giving
effect to agreement relating to Malaysia 1963.
• Although Article 9(2) gives the right to move freely
throughout Malaysia and to reside in any part thereof
such a right is a subject to restriction under Art 9(3). –
since Sabah and Sarawak have special privileges
protected under Constitution.