Man nabbed in probe into alleged abuse of 3-year-old nephew
PETALING JAYA : Penang police have arrested a 34-year-old man for allegedly abusing his three-year-old nephew in Pulau Mertajam, Penaga, last Friday.
Seberang Perai Utara deputy police chief C Tharmalingam said the suspect was arrested at about noon yesterday in Bertam after the boy's father filed a police report, Bernama reported.
He said the father, who lives in Kelantan and had divorced the child's mother, had made a video call to talk to him on Friday when he saw his former brother-in-law caning him.
The father said the boy was crying.
The suspect, who has been remanded for four days, stayed in the same house as the former wife.
Tharmalingam said the man claimed he did not abuse his nephew but was only caning him because he cried often.
He said a medical examination found bruises on the child's legs.
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Item 4 State List Local government outside the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, including — (a) Local administration; municipal corporations; local, town and rural board and other local authorities; local government services, local rates, local government elections; (b) Obnoxious trades and public nuisances in local authority areas. After setting out the above provisions, the learned judge said: 'An important point to note is that the words 'with respect to' in Article 74 must be interpreted with extensive amplitude. The cardinal rule of interpretation is that the entries in the legislative lists are not to be read in a narrow or restricted sense and that each general word should be held to extend to all ancillary or subsidiary matters which can fairly and reasonably be said to be comprehended in it. 'The widest possible construction, according to the ordinary meaning of the words in the entry, must be put upon them. In construing the words in a constitutional document conferring legislative power the most liberal construction should be put upon the words so that the same may have effect in widest amplitude. 'It is also well settled that the phrase 'with respect to' appearing in Article 74(1) and (2) of the Federal Constitution — the provision conferring legislative power upon the Federal and State Governments respectively — is an expression of wide import. As observed by Latham CJ in Bank of New South Wales v The Commonwealth: 'A power to make laws 'with respect to' a specific subject is as wide a legislative power as can be created. No form of words has been suggested which would give a wider power. The power conferred upon a Parliament by such word ... is wide.' 'Another equally important point to note is that the function of the entries in the Legislative Lists in the Ninth Schedule is not to confer powers of legislation, but merely to demarcate the fields in which legislative bodies operate. 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Vape should be a matter under public health, which is a matter under Item 14 of the Federal List as well as Item 7 of the Concurrent List. It is therefore a matter which the Legislature of a State has power to make laws by reason of Article 74(2) of the Federal Constitution. In other words, the legislative authority of the State can be extended to the subject matter of licensing of premises to regulate the sale, advertising, and promotion of all smoking products, including e-cigarettes and vapes, with a focus on preventing access by individuals under 18. This despite the federal law, the Control of Smoking Products for Public Health Act 2024 (Act 852) referred to by the learned writer. The primary goal of Act 852 is to reduce and prevent the use of tobacco and vape products, particularly among minors, and to safeguard public health and the environment. The explanatory notes of Act 852 in fact states that the enforcement of the Act is the responsibility of the Ministry of Health with support from local authorities. (Read the comments by Health Minister Dr Dzulkefly Ahmad here) A short response to R. Paneir Selvam is this: vape bans do not stand on the same legal footing as pool betting and lottery bans. *This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
