Augustine Paul FCJ:

[1] The only issue for determination in this appeal is whether a detention order made under s 4(1) of the Emergency (Public Order and Prevention of Crime) Ordinance 1969 ("the Ordinance") can be made to take effect on a date subsequent to the date on which it was made.

[2] The appellant was ordered to be detained for a period of two years with effect from 26 December 2004 pursuant to a detention order made under s 4(1) of the Ordinance on 17 December 2004. He filed a writ of habeas corpus in the High Court to secure his release. The application was refused and this appeal is by him.

[3] Before us learned counsel argued that the detention order is invalid as it has been made to take effect on a date subsequent to the date on which it was made. He said that it must be made to take effect from the date it was made. This, he said, is clear from the language of s 4(1) of the Ordinance which reads as follows:

If the Minister is satisfied that with a view to preventing any person from acting in any manner prejudicial to public order it is necessary that that person should be detained, or that it is necessary for the suppression of violence or the prevention of crim