Suffian LP:

This a reference of a constitutional question by the High Court, Kuala Trengganu, under s. 48 of the Courts of Judicature Act No. 7 of 1964, of which sub-section (1) reads:

Where in any proceedings in any High Court a question arises as to the effect of any provision of the Constitution the Judge Bearing such proceedings may stay the same on such terms as may be just to await the decision of the question by the Federal Court.

We are asked to rule on the validity of the Essential (Security Cases) Regulations, 1975 (published as PU(A) 320/75) as amended by the Essential (Security Cases) (Amendment) Regulations, 1975 (published as PU(A) 362/75). I shall refer to these regulations simply as the 1975 regulations.

Parliament was dissolved on 20 March 1969, and a general election was held on the following Saturday, on 10 May on Tuesday, 13 May, three days after the general election, there were riots in Kuala Lumpur. Two days later the Yang Dipertuan Agung proclaimed a state of emergency under Art. 150 of the Constitution.

The relevant provisions of that article are cll. (1), (2), (3) and (6) which read as follows:

150

(1) If the Yang di-Pertuan Agong is satisfie