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1977 MarsdenLR 340

SUFFIAN, RAJA AZLAN SHAH, WAN SULEIMAN
RE APPLICATION OF TAN BOON LIAT & ORS TAN BOON LIAT – Appellant
Versus
MENTERI HAL EHWAL DALAM NEGERI MALAYSIA – Respondent


Advocates:
Karpal Singh ( K Kumarendran and K Balasundaram with him) for the appellants.
Mohamed Zaki bin Tun Azmi (Deputy Public Prosecutor) for the respondents.

JUDGMENTBY: SUFFIAN LP

SUFFIAN LP (delivering the judgment of the Court): These three appeals were heard together and raise the question whether a person suspected of being engaged in drug trafficking may lawfully be detained under section 4(1) of the Emergency (Public Order and Prevention of Crime) Ordinance, 1969 ("the Ordinance") published as P.U.(A) 187/69.

The preamble of the Ordinance reads:

"AND WHEREAS the Yang di-Pertuan Agong is satisfied that immediate

action is required for securing public order, the suppression of

violence and the prevention of crimes involving violence."

Section 4(1) of the Ordinance reads:

"4. (1) If the Minister is satisfied that with a view to preventing

any person from acting in any manner prejudicial to public order

it is necessary that that person should be detained, or that it

is necessary for the suppression of violence or the prevention of

crimes involving violence that the person should be detained, the

Minister shall make an order (hereinafter referred to as a

detention order) directing that that person be detained for any

period no

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