Mohamed Dzaiddin FCJ:

Both appeals arose from the decision of the Court of Appeal given on 17 June 1998 which allowed an appeal of Sugumar Balakrishnan, the respondent herein, against the decision of Ian Chin J of the High Court Kota Kinabalu made on 26 December 1997 dismissing his application for an order of certiorarito quash the Director of Immigration Sabah's Notice of Cancellation of Entry Permit and its decision to cancel the respondent's entry permit dated 12 November 1997. (The State Authority Sabah is the appellant in Appeal No. 01-1-99 and Sugumar is the appellant in Appeal No. 01-2-99. Hence, reference to parties herein is according to Appeal No. 01-1-99).

Factual Background

The respondent is a Negeri Sembilan-born Malaysian who first went to Sabah in August 1975 to work as a teacher. Later he qualified as a lawyer and since 1985 he has been practising law in the State under a work pass issued to him under reg. 16(1) of the Immigration Regulations 1963. As he is not a person belonging to Sabah under s. 71(1) of the Immigration Act 1959/63(the Act), he is required to obtain a pass to enter and remain in Sabah under s. 66(1)of the Act. Sometime in 1995 he applied