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HIGH COURT SABAH & SARAWAK BINTULU
WONG KING SUI – Appellant
Versus
NICHOLAS GOLIBIN & ORS – Respondent
| Table of Content |
|---|
| 1. application for writ of habeas corpus filed. (Para 1 , 2) |
| 2. grounds for the applicant's motion. (Para 5 , 14) |
| 3. factual background of the applicant's arrest. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. legal standards for detention and arrest. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. court's analysis of compliance with legal procedures. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 6. detention legality and compliance with laws. (Para 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 7. court's findings on constitutional compliance. (Para 42 , 43 , 44) |
[1] This is a motion by the Applicant vide Notice of Motion dated 7 August 2023 (encl 1) pursuant to ss 365, 366 and 367 of Criminal Procedure Code (" CPC ") and art 149 of the Federal Constitution ("PC") for a Writ of Habeas Corpus to be issued and an order to release the Applicant.
[2] However, via the counsel for the Applicant's letter dated 9 September 2023, the court was informed that the Applicant is currently being detained by virtue of an order issued by the Home Minister under s 6(1) of the Act. By reason thereof, the Applicant has filed a further affidavit enclosing the said order i
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