Edgar Joseph Jr J:

In this application for habeas corpus, I must, at the outset, mention that it was not until 24 December 1990, that is to say, just some three months before the expiry of his two year period of detention, that the detainee had caused to be filed his application when it was issued on the same day by the registry of this Court with the date 18 January 1991 shown therein as the date of hearing. However, when the matter came up for hearing on that date, an application for an adjournment was made on behalf of Counsel for the detainee, on the ground that Counsel was engaged in another matter in the High Court at Kuala Lumpur. The application was then adjourned to 18 March 1991, (that being a date agreed to by the parties) on which date it was duly heard. It follows that this judgment is being delivered one week after the conclusion of the arguments.

Broadly stated, the question I must address is whether there has been a breach of certain procedural requirements which entitles the detainee to be released.

The detainee was made the subject of a detention order by the Minister for Home Afairs acting pursuant to the powers conferred upon him by s. 4(1) of the Emerg