Augustine Paul FCJ:

[1] This appeal was heard together with Federal Court Criminal Appeals No 05-18-2006 (J) and 05-21-2006 (J) as they involved a common question of law. The issue for determination is the effect of an act done by a person when he is not the holder of the office who is required by law to do the act in question.

[2] The detainee was detained for a period of two years with effect from 18 December 2004 pursuant to s 6(1) of the Dangerous Drugs (Special Preventive Measures) Act 1985 ("the Act"). He filed a writ of habeas corpus in the High Court seeking his release. At the hearing of the writ learned counsel based his argument on only one point in reliance on r 3 of the Dangerous Drugs (Special Preventive Measures) (Advisory Board Procedure) Rules 1987 which reads as follows:

3 (1) When any person is served with a detention order, the police officer serving the detention order shall at the same time:

(a) inform that person of his right to make representations against the detention order; and

(b) provide him with three copies of Form I prescribed in the Schedule and obtain from him an acknowledgement of the receipt thereof.

(2) A detained person who desires to make an