What legal basis does Kedah seek for Federal Court review?

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Kedah to Pursue Legal Challenge on Lottery Ban to Federal Court

Kedah plans to continue its legal battle to the Federal Court regarding the state's decision to halt the issuance and renewal of lottery and gambling business licenses, following an appeal loss in the Court of Appeal. The Court of Appeal's written grounds, released recently, clarified that state authorities cannot prohibit such businesses based solely on policy objections. The Federal Court is scheduled to hear Kedah's application for leave to appeal on August 12.
Court of Appeal Grounds Clarify State Authority Limitations

The Court of Appeal's written decision explained that the powers of state authorities are confined to matters delineated under the Ninth Schedule and the Local Government Act. Consequently, decisions concerning licenses for businesses like those involved in lotteries must be tied to specific building conditions such as safety, cleanliness, and the prevention of public nuisance, rather than a broad, policy-based opposition to the existence of gambling establishments.
Operators' Long-Standing Presence Noted

In its deliberations, the Court of Appeal also acknowledged that some of the operators challenging the ban have been conducting their businesses in the same locations for several decades. This observation suggests a history of established operations that predates the state's more recent policy shift announced in November 2021.
Legal Challenge Initiated in Late 2021

The legal dispute originated in November 2021 when Kedah's Mentri Besar, Datuk Seri Muhammad Sanusi Md Nor, announced the state's intention to cease the issuance and renewal of licences for gambling premises. This decision was subsequently challenged by operators within the gambling and lottery sectors, leading to the ongoing legal proceedings that have now reached the appellate courts.

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What legal basis does Kedah seek for Federal Court review?

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