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1993 MarsdenLR 1314

DATUK L C VOHRAH, TAN SRI DATUK HASHIM YEOP A.SANI, TAN SRI, DATO HARUN M.HASHIM
AW NGOH LEANG – Appellant
Versus
INSPECTOR GENERAL OF POLICE – Respondent


Advocates:
For the appellant - Karpal Singh; M/s. Karpal Singh &Co.
For the respondents - Suriyadi bin Halim Omar, SeniorFederal Counsel

JUDGMENT

L.C. Vohrah J: This was an appeal against the decision of the High Court at Muar dismissing the appellant's application for habeas corpus. That application was heard by the learned Judicial Commissioner together with thirtyone other applications, all having the same factual basis except for the dates of the detention orders that were made. The common and sole question for determination in the proceedings before the learned Judicial Commissioner was whether the provisions of r. 3(2) of the Public Order and Prevention of Crime (Procedure) Rules 1972 ("the said Rules") made pursuant to s. 5(3) of the Emergency (Public Order and Prevention of Crime) Ordinance, 1969 had been breached and warranted the appellant's release from detention.

To put things in proper context, the relevant provisions of the said Rules are set out as follows:

3. (1) When any person is brought to a place of detention in pursuance of a detention order it shall be the duty of the Officer in Charge to inform him, as soon as practicable after his arrival, of his right to make representations against the detention order within the time and in the manner hereinafter provided.

(2) It shall be the duty of the

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