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
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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