Denys Roberts CJ:

Preliminary

Wong Mann Tung ("the applicant") seeks an order, which is in the nature of a habeas corpus, under s. 341 of the Criminal Procedure Code, directing the officer-in-charge of the Detention Centre, Jerudong to set the applicant at liberty, on the ground that the applicant is illegally detained in public custody within Brunei Darussalam.

The application is supported by two affidavits, one sworn by his sister Wong Wen Foon 23 July 1987 and the other by his solicitor on 10 August 1987.

Background

The following facts can be derived from the affidavits, from documents produced and from the submissions of Counsel.

The applicant was taken into custody by the police about the end of April, 1985 and was detained in Panaga Police Station until March 1986.

About 25 March 1986, however, he was transferred to Jerudong prison from which, shortly afterwards, he was transferred to the Detention Centre at Herudong on the authority of an Order of Detention ("the Order") issued by the Minister of Law under s. 2(1)(a) of the Criminal Law (Preventive Detention) Act (Cap. 150) ("the Act").

The relevant parts of the Order are follows:

Whereas, I Pengiran Laila Kanun Di-Raja Pengiran Haji Abbas, Minister of Law, am satisfied that the undermentioned person has been associated with activities of a criminal nature and that it is necessary that the undermentioned person be detained in the interest of public safety, peace and good order;

Now, therefore, in exercise of the powers conferred on me by s. 2 (1)(a) of the Criminal Law (Preventive Detention) Act, I do hereby Order and Direct that the undermentioned person be forthwith detained for a period of Twelve Months in The Place of Detention Jurudong or in such other place as I may from time to time direct and I do hereby Order and Direct you the said Officer to receive the undermentioned person forthwith into your custody together with this order, and him safety to keep in detention for a period of Twelve Months unless and until this Order be extended, varied, cancelled, suspended or revoked.

Name of Detainee

Wong Mann Tung

NRIC: (Brunei) 097848 (Purple)

Given under my hand this 11 March 1986.

(Sdg.) Minister of Law

Brunei Darussalam

The procedure to be followed after the making of an Order under s. 2 of the Act is set out in s. 3 thereof -

3(1) Every order made by the Minister under s. 2 of this Act shall, together with a written statement of the grounds upon which the Minister made the order, be referred by the Minister to advisory committee constituted as provided in s. 10 of this Act, within 28 days of the making of such order.

(2) The advisory committee shall submit to His Majesty the Sultan and Yang Di-Pertuan a written report on the making of such order and may make therein such recommendations as it shall think fit.

(3) His Majesty shall consider such report and may cancel or confirm such order and in confirming such order may make thereto such variations as he hinks fit.

By virtue of s. 2(1)(a) of the Act an order of detention made under that section is valid for a maximum period of one year. Thereafter, however, by s. 9(1)

His Majesty may from time to time extend the validity of any order of detention confirmed under the provisions of subsection (2) of s. 3 for periods not exceeding any year at any one time ...

In exercise of the power conferred by s. 9, His Majesty extended the validity of the Order for a further year. The important passage of the Extension Order reads -

Now, therefore, in exercise of the powers conferred by s. 9(1) of the Criminal Law (Preventive Detention) Act and all other powers hereunto enabling His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam hereby Orders and Directs that the period of the above mentioned Order of Detention with respect to the undermentioned person be extended for a further period of Twelve Months and His Majesty the Sultan and Yang Di-Pertuan hereby Orders andDirects you to receive the undermentioned p