HIGH COURT, SANDAKAN
KWAN HUNG CHEONG – Appellant
Versus
INSPEKTOR YUSOF HJ OTHMAN & ORS – Respondent
JUDGMENT
Yew Jen Kie JC:
[1] In this case the plaintiff put in a summons in chambers (SIC) under O. 14A of the Rules of High 1980 pursuant to the order of the Court consented to by both parties, given on 3 September 2007, to proceed with this action under O. 14A .
[2] In this SIC, the plaintiff is applying for the following orders (as per the SIC):
(1) That Items 1 and 2 of the Agreed Issues for Trial (Enclosure 116) would be disposed of by determining the questions of law framed as follows:
(a) Is it lawful for the police to issue a police bail bond against the suspect who has been released by an order of the Court after remand under section 117 of the Criminal Procedure Code ?
(b) Is it lawful for the police bail bond to impose a condition that the suspect has to appear and report to the Police at a police station on a fixed date and which condition is then extended for an indefinite period for so long as the case against the suspect is still under police investigation?
(c) If either or both of the use of the police bail bond described above is or are unlawful, does the misuse constitute a deprivation of the suspect's personal liberty in breach of Article 5(1) of the Malaysia Federal
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