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1996 MarsdenLR 1660

ELIZABETH CHAPMAN
LAU KUNG SENG – Appellant
Versus
PUBLIC PROSECUTOR – Respondent


Advocates:
Orlando Chua (Wong Orlando Chua & Co) for the applicants.
Awang Armadajaya (Deputy Public Prosecutor) for the respondent.

Elizabeth Chapman JC

Upon application by learned counsel for the applicants for a revision, the court called for the record of proceedings of the lower court with a view to the exercise of its powers under s 323 of the Criminal Procedure Code (FMS Cap 6) ('the CPC').

The four applicants in this case were brought before the magistrate's court in Bintulu on a charge under s 7(1) of the Corrosive and Explosive Substances and Offensive Weapons Act 1958 read with s 34 of the Penal Code (FMS Cap 45). The said offence carries a maximum term of two years imprisonment or a fine of RM2,000 or both.

The court below had — pending the trial of the four applicants — made the following orders:

(1) the first applicant was ordered to be released on bail in the sum of RM10,000 with two local sureties. In addition, RM2,000 cash was ordered to be deposited in court;

(2) the second applicant was released on bail in the sum of RM20,000 with two local sureties in addition to RM4,000 cash deposit in court;

(3) the third applicant was ordered to be remanded in prison custody pending trial; and

(4) the fourth applicant was released on bail in the sum of RM10,000 with two local sureties with RM1,000 cash to

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