The Ipoh City Council (MBI) recently announced that it will be expanding the implementation of the ban on sales of liquor by premises in Muslim-majority areas, as previously implemented in the Manjoi area.
Former MCA vice-president, Datuk Seri Ti Lian Ker, took to his Facebook page to call out MBI for allegedly going against Federal law by implementing the ban.
He wrote, “Uphold the rule of law on alcoholic beverage sales.”
“City councils could not at their whims and fancies ban the sale of liquor and alcoholic drinks, even in majority Malay areas, as it was in contravention or ultra vires to the Federal Constitution and specific Federal laws.”
He added that there is apparently already a specific Excise Duty Act 1976 (governing liquor sales) under the Federal law prohibiting the retail sales of any intoxicating liquor unless they have obtained approval or are licensed under the Act.
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“The local government by-laws or regulations cannot bypass, supersede or overrule, or simply impose another condition on and above a Federal license approved under the Federal laws unless it is a matter not specifically governed and provided by another Federal law,” he added.
He then brought up the case of Perwaja Steel Bhd and Anor vs Majlis Daerah Kemaman, where in the case of 2 conflicting laws, the provisions of the specific Act shall prevail over the provisions of the general Act.
“Thus, restricting the sale of alcohol also impinges on the constitutional rights, freedoms and lifestyle choices of non-Muslims. No state laws or local bylaws can trump the Federal laws and Federal Constitution,”
“Legally speaking, such bans or additional restrictions by local councils are invalid or in contravention with established legal principles and practices.”
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