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2005 MarsdenLR 291

HIGH COURT SABAH & SARAWAK KUCHING
SU YU MIN – Appellant
Versus
KETUA POLIS NEGERI & ORS – Respondent


Petitioner Advocates:Voon Lee Shan ,Respondent Advocate: Fazillah Begum

JUDGMENT

Clement Skinner J:

[1] This is the hearing of an application for judicial review by Mr Su Yu Min (hereafter 'the applicant') to quash an Order of Restricted Residence dated 21 May 2004 (hereafter 'the said order') issued against him by the Deputy Minister of Internal Security, Malaysia, pursuant to s 2A(ii) of the Restricted Residence Act 1933 (hereafter 'the RRA') requiring him to reside for two years within the Mukim of Bachok, Jajahan Bachok, Kelantan. The applicant also sought a declaration that a Warrant of Arrest and Detention dated 20 March 2004 (hereafter 'the said warrant of arrest') issued against him by the Deputy Minister of Home Affairs, Malaysia, pursuant to s 2A(i) of the RRA, is unlawful, ineffective, null and void. The applicant sought a similar declaration in respect of the said order of 21 May 2004.

[2] The brief facts leading to this application are these.

[3] The applicant is a businessman with interest in at least three companies and resides at No: 235 Padungan Road, Kuching, Sarawak. On 15 April 2004 while the applicant was at one of his places of business at 89 Ewe Hai Street, Kuching he was arrested by a police party pursuant to the said warrant of arr



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