Gunn Chit Tuan J:

This was an application by originating motion made under ss. 44 and 45 of the Specific Relief Act, 1950 (Revised - 1974) for an order directing the Government of Malaysia, the Menteri Hal Ehwal Dalam Negeri, Malaysia, the Ketua Pejabat Imigeresen, Pulau Pinang and the Peaawai Paspot, Pulau Pinang, who were named as the respondents, to issue a Malaysian passport to the applicant, or alternatively to show cause within a time to be fixed by the Court why the said order should not be made.

The applicant, who is a Malaysian citizen, was a holder of a Malaysian passport which was issued to him on 6 March 1967. At that time he was a student in Australia and was granted a resident visa which entitled him to reside permanently in Australia. When he left Australia on 25 April 1975 his passport was endorsed with an Authority to Return to Australia which was valid for 3 years from that date i.e. until 24 April 1978. After his return to Malaysia the applicant took up employment as Group Finance Manager with the South-East Lumber Corp. Berhad at the Tasek Industrial Estate, lpoh, Perak. As a result of certain events with which we were not concerned in this case, he wa