Eusoffe Abdoolcader SCJ:

[1] Viewed in the context and against the backdrop of previous proceedings instituted by the respondent to the like effect and which have since been disposed of, an appropriate and succinct caption to this present episode in the ineluctably protracted Sim Kie Chon sage would be 'a case of new wine in an old bottle'. To exposit this requires a brief descent into the subcellars of its somewhat chequered history.

[2] The respondent was tried and convicted on a charge under s 57(1) of the Internal Security Act 1960 and sentenced to death by the High Court at Kuala Lumpur on 14 June 1983. His appeal to the Federal Court was dismissed on 26 October 1983, and on his case being referred for clemency to His Majesty the Yang di-Pertuan Agong under s 281(c) of the Criminal Procedure Code ('the Code') for consideration in accordance with the provisions of art 42 of the Constitution of Malaysia read with reg 29 of the Essential (Security Cases) Regulations 1975 ('the Regulations'), the sentence of death was confirmed and ordered to be carried out and an order to this effect was issued by His Majesty on 20 April 1985. Pursuant thereto a warrant was issued setting t