HARRIS MOHD SALLEH v. CHIEF SECRETARY, GOVERNMENT OF MALAYSIA & ORS
HIGH COURT SABAH & SARAWAK, KOTA KINABALU
CHRISTOPHER CHIN SOO YIN J
[JUDICIAL REVIEW NO: BKI-25-19-7-2022]
8 MARCH 2023
[2023] CLJ JT (8)

Abstract – (i) All forms of State action, whether Legislative or Executive, that infringe a fundamental right must have an objective that is sufficiently important to justify limiting the right in question; (ii) The measures designed by the relevant State action to meet its objective must have a rational nexus with that objective; (iii) The means used by the relevant State action to infringe the right asserted must be proportionate to the object it seeks to achieve.

ADMINISTRATIVE LAW: Judicial review – Mandamus – Application for order of mandamus to take necessary steps to declassify and/or make public investigation report by Malaysian authorities into aircraft crash – Aircraft crash happened in 1976 and killed 11 persons, including Chief Minister of Sabah – Reports on crash not disclosed to date – Whether ought to be declassified – Whether applicant had locus standi – Official Secrets Act 1972, s. 2C – Rules of Court 2012, O. 53 – Federal Constitution, art. 10(2)