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HIGH COURT MALAYA KUALA LUMPUR
EWE WENG CHERN – Appellant
Versus
TIMBALAN MENTERI DALAM NEGERI MALAYSIA & ORS – Respondent
| Table of Content |
|---|
| 1. judicial review application for restriction order. (Para 1 , 2 , 3) |
| 2. preventive detention laws and statutory safeguards. (Para 4 , 5 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. procedural impropriety in restriction order. (Para 6 , 7 , 8 , 9) |
| 4. inquiry officer's duty and speed of report submission. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 5. minister's discretion in decision-making timeframe. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 6. non-compliance with recording procedures. (Para 40) |
Introduction
[1] On 25 April 2024, a restriction order was issued by the Deputy Minister of Home Affairs ("the Minister") under subsection 6(3) to the Dangerous Drugs (Special Preventive Measures) Act 1985 ("the Act") restricting the applicant to Mukim Cukai, Daerah Kemaman, Terengganu for a period of two years ("the restriction order"). On 11 June 2024, the applicant applied for and was granted leave to commence judicial review proceedings for a declaration that the restriction order was null and void.
[2] At the substantive stage of these judicial review proceedings, the applicant raised the following grounds in support of t
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