Suffian LP:

[1] On 30 October 1974, Datuk James Wong Kim Min, the applicant in the lower Court and respondent before us (the detainee), was arrested by police officers at his home in Sarawak. He was arrested under reg 7(1) of the Preservation of Public Security Regulations. After his arrest, he was escorted to Peninsular Malaysia and held in Kuala Lumpur. On 28 December 1974, detention order addressed to the Superintendent of Prison, Taiping, Perak, and made by the Federal Secretary, Sarawak, under para (1) of reg 2 of the Preservation of Public Security (Detention) Regulations, 1962, which I shall refer to simply as PPSR, was served on him in Kuala Lumpur.

[2] On 3 January 1975, the Federal Secretary, Sarawak, signed a Removal Order under para 5 of reg 2 of PPSR directing that the detainee be removed from Taiping Prison, Perak, to Kamunting Detention Camp, Perak, Peninsular Malaysia.

[3] It will be noted that when the detention order was made, the detainee was outside Sarawak and he has throughout been detained outside Sarawak.

[4] The detainee applied ex parte for a writ of habeas corpus under s 3 of the Prerogative Remedies Ordinance (Sarawak Cap 47), citing as respondents t