JUDGMENT

Thomson LP:

This is another appeal arising out of the Indonesian invasion near Labis on the night of 1 or 2 September 1964, with which we were concerned in the case of Tan Hua Lam v. PP [1966] 1 MLJ 147.

On the morning of 4 September the present appellant was arrested and he was thought to have been one of the armed men who had left by parachute the aircraft which figured in that case. He was prosecuted on three charges under the Internal Security Act, 1960. These charges were as follows:

First Charge: That you between 2.00 a.m. on 2 September 1964 and 12.00 noon on 4 September 1964, in a Security Area as proclaimed by the Yang di-Pertuan Agong vide Federal LN 245 of 17 August 1964, namely 2'bd milestone Labis/Paya Merah Road, Labis in the District of Segamat, in the State of Johore, consorted with members of the Indonesian armed forces who carried firearms and ammunition in contravention of the provisions of s. 57 of the Internal Security Act, 1960, in circumstances which raised a reasonable presumption that you intended to act with such members of the said Indonesian armed forces in a manner prejudicial to public security and that you thereby committed an offence punis