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COURT OF APPEAL PUTRAJAYA
DATUK SERI AHMAD SAID HAMDAN & ORS – Appellant
Versus
TAN BOON WAH – Respondent
| Table of Content |
|---|
| 1. overview of the macc investigation case. (Para 1 , 2 , 3) |
| 2. arguments on interpretation of s 30(3)(a) regarding office hours. (Para 4 , 5 , 6 , 7 , 8) |
| 3. court's analysis on legislative interpretation impacting fundamental liberties. (Para 9 , 11 , 12 , 19 , 20) |
| 4. consideration of the wording of s 30(3) and its implications. (Para 10 , 18 , 22) |
| 5. conclusion on macc officer's authority to examine at any time. (Para 27) |
Brief Facts Of The Case
[1] Acting on information received, the third appellant, the Malaysian Anti Corruption Commission (MACC), commenced investigation in connection with an offence concerning the use of false details in applications for State Constituency Funds which were submitted to district offices, for the purpose of carrying out activities in Kawasan ADUN Selangor. In the course of the said investigation, on 15 July 2009, a team of MACC officers made a search at the respondent's house. One of the companies being investigated was a company called Merit Link Enterprise. According to the affidavit in reply filed by the appellants, since Merit Link Enterprise was registered in the name of the respondent's wife, the MACC off
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