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No. 4748 PP 2644/12/2009 (023092) WORLD FAMOUS

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Wednesday DOUGHNUTS
April 29, 2009
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WHO raises flu alert level

Five questions WORLD governments and businesses

announced new steps yesterday to try
to slow the spread of a new strain of
swine flu that has killed up to 149 people
in Mexico and threatens to become a
pandemic. The World Health Organisa-
tion raised its alert level to phase four,
indicating a significantly increased risk of
pandemic. There are six levels in all.
for a second day on fears the outbreak
could snuff out fragile signs of economic
recovery. Airline stocks took another hit
and drug makers posted gains
» Britain, France, Germany and the United
States issued travel alerts for Mexico.
Asian companies stepped up their precau-
tions, restricting travel and advising staff
on how to protect themselves against the

for Federal Court

Developments yesterday: virus, but stopping short of implementing
» More than 50 infected people have stringent measures.
been found in the United States, six in » Experts say while it is impossible to
Canada and three in Spain and stop the spread of the disease,
Scotland. Possible cases were efforts to slow its progression
being tested as far away as around the world could buy
Norway and South Korea. crucial time for countries
» Global markets tumbled to procure essential drugs.
Worldwide, seasonal flu
kills between 250,000
by Tan Yi Liang Syariah Court or the High Court, on the basis and 500,000 people in an

03-

0
30
newsdesk@thesundaily.com that it has jurisdiction to do so, whether there average year. The new strain
is jurisdiction for the other court to make a 88 / is worrying as it spreads
10200

8
P
UTRAJAYA: The Court of Appeal yesterday conflicting order. rapidly between humans and
allowed five questions of constitutional Article 121(1A) states that the High Court has there is no vaccine for it.
importance to be referred to the Federal Court, no jurisdiction in any matter of the Syariah Courts. In Kuala Lumpur, Health
in a bid to settle a dispute between S. Shamala In the case under contention, the High Court had Ministry director-general Tan
and her husband Dr M. Jeyaganesh, or given custody of the two boys to Shamala and Sri Dr Mohd Ismail Merican
Muhammad Ridzwan Mogarajah, over the conver- the Syariah Court did the same for Muhammad said Malaysia is free of the
sion of their two children. Ridzwan. epidemic as there are no cases
A three-man panel of Datuk Abdull Hamid » Where there has been a conversion of the based on observation for signs
Embong, Datuk Hasan Lah and Datuk Abdul Malik children of a civil marriage into Islam by one of “influenza-like illness”.
Ishak, allowed lawyers for both parties to refer the parent without the consent of the other parent, To maintain the situa-
following questions: whether the rights of remedy under Part II of the tion, the ministry activated
» Whether Section 95 (b) of the Administration of Federal Constitution of the non-Muslim parent is the disease control division
Islamic Law (Federal Territories) Act 1993 is ultra vested in the High Court. yesterday to monitor the situ-
vires (in conflict with) Article 12 (4) and Article 8 of (The children had been converted by their ation and to check for signs
the Federal Constitution. Section 95 (b) allows for father, without the consent of Shamala. The children of the virus at the KL Inter-
a single parent to convert a child while Shamala’s are now with Shamala who has gone overseas) national Airport and all other
lawyers argued that Article 12 (4) says the consent » Whether in the context of Articles 8, 11, 12 (4) entry points. The ministry will
of both parents is required. and 121 (1A) of the Federal Constitution, the Syariah meet with relevant agencies
“We say that there is no equality in rights under Court has exclusive jurisdiction to determine the today to discuss steps that
Section 95 (b); can it be a valid law under Article validity of conversion of a minor into Islam once can be taken to prevent and
8 of the Federal Constitution when one party is the minor has been registered by the Registrar of control any epidemic. Press
disenfranchised in the upbringing of the child,” Muallafs (Majlis Agama Islam). statements will be issued
Shamala’s lawyer Datuk Cyrus Das earlier The case in question involves Shamala, 37, who from time to time to inform
submitted to the court. is embroiled in a custody battle with her 41-year- people about developments
He said under Article 12(4) the word “par- old converted husband. She married Jeyaganesh in and steps taken.
ent” must be read in the plural, because in the 1998 according to Hindu rites and their marriage Mohd Ismail said WHO’s
Constitution, the singular includes the plural. was registered under the Law Reform (Marriage raising of the influenza
» Whether Section 95 (b) of the Administration of and Divorce) Act 1976. pandemic warning to Phase
Islamic Law (Federal Territories) Act, as state law, In 2002, Jeyaganesh embraced Islam and subse- Four showed a possibility
is, by reason of Article 75 of the Federal Constitution, quently converted their children, Saktiwaran, then of a pandemic.
inconsistent with a federal law, namely Section 5(1) three, and Theiviswaran, two, to Islam. Shamala, “Phase Four means the
of the Guardianship of Infants Act 1961 (as amended) who has custody of the boys, was also ordered not virus going from humans
and is therefore invalid. to teach them her religious beliefs or to make them to humans and causing
Section 5 (1) says that in all matters concerning eat pork. an epidemic among com-
the upbringing of a child, both the husband and wife Despite the fortnightly visitation rights granted munities but WHO has not
have equal rights, while Article 75 states that if any to Jeyaganesh by the civil High Court in 2004, he Heat seeker ... thermal images placed any restrictions in
state law is in conflict with a federal law, federal claimed he had not seen his sons for five years. on a scanner show the body health, travel and trade
law prevails. The application to refer the constitutional ques- temperatures of airline that needed to be made.“
» In the context of Article 121 (1A) of the Federal tions to the court was with the consent of Jeyaganesh, passengers arriving in Seoul.
Constitution, where a custody order is made by the and the Federal Territory Islamic Council. » More on Page 5