JUDGMENT

Suffian LP :

These three appeals are against two judgements reported at [1977] 1 MLJ 39 and 82 and turn on the construction of Article 151(1)(b) of the Federal Constitution.

I have had the advantage of reading in draft the judgment of the Chief Justice, Borneo, and that of Ong FJ and with respect I agree that these appeals be allowed and wish to add only a few words.

At the material time Article 151(1)(b) read:

Where any law or ordinance made or promulgated in pursuance of this Part provides for preventive detention ... no citizen shall be detained under that law or ordinance for a period exceeding three months unless an advisory board ... has considered any representation made by him ... and made recommendations there on to the Yang di-Pertuan Agong.

The appellants were all subject to orders of detention made under s. 4(1) of the Emergency (Public Order and Prevention of Crime) Ordinance, 1969 ("Ordinance 5"), they made representations against the orders to the Advisory Board, but in none of them did the Board make recommendations thereon within three months of the detention orders, and yet thereafter His Majesty, acting on advice confirmed the detention orders.

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