The court's decision to detain a teenager, who was found guilty or murdering his tuition teacher's daughter, at the pleasure of the King does not violate the principle of separation of powers.

Women, Family and Community Development Minister Shahrizat Abdul Jalil told the Dewan Rakyat today that the ruling, made under Section 97(2) of the Child Act 2001, is constitutional.

In July, the Court of Appeal had freed the 17-year-old on the grounds that Section 97(2) of the Act violates the doctrine of separation of powers between the executive and the judiciary.

However, the Federal Court, in October, overturned the judgment made by the Court of Appeal and upheld the high court decision.

Shahrizat said the high court ruling was to replace the death sentence as provided by Section 302 of the Penal Code, which states that a murder convict must be sentenced to death.

"However, Section 97(1) of the Child Act disallows a child convict to be sentenced to death, and thus, the teenager was detained at the King's pleasure as a replacement for the death sentence."

Case review

Shahrizat was responding to Tiong King Sing (BN-Bintulu) who asked whether the government would consider the suggestion by three judges of the Court of Appeal to amend the punishment for juvenile offenders convicted of murder under Section 97(2)(4) of the Child Act.

She said even though Section (97)(2) allows for a child to be detained indefinitely at the pleasure of the King, Section (97)(4) provides for the child to be released if the prisons' board of visitors suggest that the case be reviewed.

She explained that her ministry is studying the Act to respect Malaysia's obligation to follow the Convention on the Rights of the Child, ratifed by Malaysia in 1995.

Among others matters, she said, the ministry is considering abolishing caning and broadening the scope of the Child Protection Council.