Kedah govt can’t ban pool betting, lotteries on moral grounds, says court
The Malaysian Court of Appeal ruled that the Kedah state government cannot ban lottery and pool betting businesses based on moral objections. The court clarified that state authority is limited to regulating premises-related issues like safety and zoning, rather than imposing policy-based bans on legal industries.
Why it matters
This decision reinforces the separation of powers between state and federal authorities in Malaysia, limiting the ability of state governments to enforce religious or moral agendas on federally licensed businesses.
Share Court of Appeal says licences can only be refused over premises-related issues such as safety, sanitation, causing a nuisance, or zoning compliance. In a 2-1 split decision last December, the Court of Appeal upheld the High Court ruling that overturned the Kedah government’s statewide ban on lottery outlets. PUTRAJAYA : The Court of Appeal says the Kedah government cannot impose a blanket ban on pool betting and lottery businesses solely on the grounds that it is against gambling. In a majority decision, Justice Faizah Jamaludin said that state governments’ powers are confined to matters under the Ninth Schedule of the Federal Constitution and the Local Government Act.
The article reports on a court ruling using neutral language, focusing on the legal reasoning provided by the judges.
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