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HIGH COURT MALAYA KUALA LUMPUR
WONG ONG HUA & ANOR – Appellant
Versus
PENDAKWA RAYA MALAYSIA & ORS – Respondent
| Table of Content |
|---|
| 1. facts surrounding the extradition of accused individuals. (Para 1 , 2 , 3 , 4 , 5) |
| 2. challenge to the constitutionality based on rights. (Para 19 , 24 , 25 , 30) |
| 3. distinction between administrative and judicial actions in extradition. (Para 50 , 55 , 58) |
| 4. conclusion regarding the unconstitutionality of sections 4 and 20. (Para 80 , 81) |
[1] The facts in this Originating Summons are not seriously disputed.
[2] The plaintiffs are said to be fugitive criminals and were arrested on 14 September 2020. A fugitive criminal is defined under s 5 of the Extradition Act 1992 (" EA ") as a person:
... who is accused of or convicted of an extradition offence committed within the jurisdiction of another country and is, or is suspected to be, in some part of Malaysia.
[3] In arresting the plaintiffs, the Royal Malaysian Police ("PDRM") was purportedly executing a provisional warrant of apprehension ("PWA"), which was issued by the Kuala Lumpur Magistrates Court on 11 September 2020. The PWA was made under s 13(1)(b) of the EA . It states as follows:
The matter having been filed for hearing on this day in the presence of Mr Mohd Ashrof Adrin Kamaru
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