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 crimes involving violence that that person should be detained, the Minister shall make an order (hereinafter referred to as a 'detention order') directing that person be detained for any period not exceeding two years.

Learned counsel contended that the period of detention must commence on the date when the Minister is satisfied of the need to make a detention order In his submission the learned Deputy Public Prosecutor said that there is nothing in s 4(1) of the Act to indicate the date of commencement of the detention order In support he referred to the Judgment of the (then) Supreme Court in Tan Hoon Seng v. Minister for Home Affairs, Malaysia & Anor, [1990] 1 MLJ 171 where Hashim Yeop Sani CJ (Malaya) said:

The power of the Minister to make a detention order under the Act is conferred by s 6(1) of the Act. The power under s 6(1) of the Act is expressly stated in the following terms, that is to say that whenever the Minister after considering the report of investigation and the report of the inquiry officer is satisfied that a person has been or is associated with any activity relating to or involving the trafficking in dangerous drugs, the Minister may, if he is satisfied that it is necessary in the interest of public order that such person be detained, by order 'direct that such person be detained for a period not exceeding two years from the date of such order '. (emphasis added.)

The Act was passed by Parliament in 1985. Prior to the passing of the Act, there were similar statutory powers of preventive detention in existence, namely, the respective provisions in the Internal Security Act 1960 and the Emergency (Public Order and Prevention of Crime) Ordinance 1969.

In s 8(1) of the Internal Security Act 1960, the power to order detention or restriction of persons is expressed in the following terms, that is to say that if the Minister is satisfied that the detention of any person is necessary with a view to preventing him from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services or to the economic life of Malaysia, he may make a detention order 'directing that that person be detained for any period not exceeding two years'. (emphasis added.)

In the Emergency (Public Order and Prevention of Crime) Ordinance 1969, there is a similar power of detention contained in s 4(1) thereof where 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 crimes involving violence that that person should be detained, the Minister shall make an order 'directing that that person be detained for any period