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2017 MarsdenLR 2403

HIGH COURT MALAYA JOHOR BAHRU
HA HOW PING – Appellant
Versus
TIMBALAN MENTERI DALAM NEGERI MALAYSIA & ORS – Respondent
[Criminal Application No: 44-09-02-2017]



Petitioner Advocates:KL Chee,Naizatul Zamrina Karizaman ,Respondent Advocate: Lim Wai Yi,Shahidah Nafisah

Judicial review of detention orders under the Act is limited, focusing on procedural compliance without examining substantive issues.

Headnote:The application relates to a habeas corpus writ under the Dangerous Drugs (Special Preventive Measures) Act 1985. The court examined procedural requirements for detention under ss 6(1) and 9 of the Act and found no violations. The Applicant alleged inadequate representation and misunderstanding of the detention order, which the court refuted, concluding that national security concerns justified the disclosure limitations. The final dismissal of the writ was upheld.

Table of Content
1. application for habeas corpus regarding the legality of detention. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13)
2. challenges raised by the applicant against the detention order. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23)
3. judicial review limitations under the dangerous drugs act. (Para 24 , 25 , 26 , 27 , 28)

[1] This is an application by the applicant for a writ of habeas corpus against the legality of a detention order dated 24 June 2016 made by the I Deputy Home Minister ("Minister") under s 6(1) of the Dangerous Drugs (Special Preventive Measures) Act 1985 ("the Act") ordering the applicant to be detained for a period of two years at the Pusat Permulihan Simpang Renggam, Johor ("the Centre") commencing from 24 June 2016.

Salient Facts

[2] The applicant was arrested under s 3(1) of the Act on 18 May 2016. Investigations commenced soon thereafter after which Deputy Superintendent of Police (DSP) Mohd Husni bin Manaf reported to Dato Pahlawan Mohd Dzuraidi bin Ibrahim that the investigation against the applicant could not be completed within a period of 14 days.

[3] On 30 May 2016, the said Dato Pahlawan Mohd Dzuraidi bin Ibrahim being the designated officer by the Inspector General of Police (IGP) under s 3(2)(c) of the Act submitted a report on the circumstances surrounding the arrest of the applicant to the Deputy Minister of Home Affairs ("Deputy Minister") in order to comply with the condition requiring the police to conduct investigations beyond 14 days.

[4] On 30 May 2016, police investigation officer ("IO") Syazana Syarliza binti Abdul Ghani recorded a statement from the applicant. On 16 June 2016, the said IO submitted a complete report on the investigations to the Deputy Minister and the inquiry officer of the Home Ministry pursuant to s 3(3) of the Act.

[5] On 22 June 2016, the inquiry officer Dzul Iswari bin Mohd Jaafar conducted a physical investigation on the applicant. On 23 June 2016, the said inquiry officer submitted a report to the Deputy Minister pursuant to s 5(4) of the Act.

[6] After examining the report, the Deputy Minister issued the detention order ("DO") dated 24 June 2016 pursuant to s 6(1) of the Act for a period of two years with immediate effect, ie, 24 June 2016.

[7] The DO, grounds for the DO, statement of facts and three copies of the form for making representations ("Borang I") were served and explained by the said Syazana Syarliza binti Abdul Ghani through an interpreter, namely, Assistant Superintendent of Police (ASP) Jodie Yap Siew Wen to the applicant on 24 June 2016 at 6pm at the Central Police Lockup in Shah Alam, Selangor.

[8] On 25 June 2016, the applicant was brought to the Correctional Centre or the (Pusat Permulihan Akhlak) Simpang Renggam, Johor (Centre). The applicant was informed and explained about the DO, grounds for the DO, statement of facts and his right to make representations by Azman bin Mohd Ali, the head of prisons (penguasa penjara). All of this was interpreted to the applicant by Zulkarnain bin Mohammad on the same date.

[9] On 26 June 2016, the applicant submitted the Borang I to the Centre at Simpang Renggam which was then served on the Advisory Board (Board) on the same date.

[10] On 21 July 2016, the Board sent a notice of hearing of representation (Borang II) which was fixed on 26 July 2016 on the applicant. The said hearing was however postponed on the application of the applicant on grounds that his lawyer was not present.

[11] On 26 July 2016, the Board sent another notice of hearing of representation (Borang II) fixed for hearing on 9 August 2016 to the applicant. The hearing was however again postponed because the applicant's counsel requested for adjournment as he intended to employ the services of a Vietnamese interpreter and to call witnesses.

[12] On 9 August 2016, the Board sent yet another notice of hearing of representation (Borang II) fixed for hearing on 24 August 2016 on the applicant. On 24 August 2016, the Bo

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