Edgar Joseph Jr J

Koh Yoke Koon, the applicant herein, challenges both the validity of a Detention Order dated December 9, 1986, passed against him pursuant to the provisions of section 4(1) of the Emergency (Public Order and Prevention of Crime) Ordinance, 1969 ("the Ordinance") and his detention thereunder.

The foundation documents in the case merit reproduction in full.

The Detention Order, being Ex. AGY 5 to Encl. 12, provided as follows:

"That I, being satisfied that this Order is necessary to be imposed on the person named below with a view to preventing him from committing any acts that may be prejudicial to public order or for the suppression of violence or for the prevention of crimes involving violence. NAMENRIC NO. KOH YOKE KOONA 0555693

By reason whereof and in exercising the powers conferred on me pursuant to Section 4(1) of the Emergency (Public Order and Prevention of Crime) Ordinance, 1969, I hereby by this Order order that the person abovenamed be detained for two years from the 12th day of December 1986 at the Rehabilitation Centre, Pulau Jerejak or at any other place that may be ordered by me from time to time. Signed on the 9th day of December 1986.sgd.Dato' Megat Junid Bin Megat Ayob"

The reason for the issue of the Detention Order (Ex. AGY 3 — Encl. 12) was as follows:

"That you are a member of a secret society which commits violent criminal acts and your actions have threatened public order."

The allegations of fact upon which the Detention Order was based ("the allegations of fact") being Ex. AGY 4 to Encl. 12 were as follows:

1. That you are a member of a secret society known as "WAH KEE" which has actively operated in the town of Tangkak, Muar, Johor since 1984.

2. That you together with several of your friends on the 26.11.1984 at about 10.30 at night, whilst armed with parang and wood, attacked 3 male Chinese at Jalan Ong Siong, Tangkak, Muar, Johore.

3. That you together with your friends in early 1983 assaulted a Chinese youth because he refused to be a member of your society.

4. That you together with your friends on 24.6.1986 at about 10.15 at night attacked a male Chinese and his friend with a crash helmet at Jalan Solok, Tangkak, Muar, Johore.

5. That you together with your friends in the month of July 1986, at Jalan Tangkak, Muar, assaulted a male Chinese with a crash helmet and also collided into another male Chinese.

6. That you together with several of your friends on 28.9.1986, at about 11.00 at night at an eating stall at New Village I, Tangkak, attacked a male Chinese where the victim sustained a laceration on his head and abrasions over several parts of his body.

All references in this judgment to sections shall, unless the context otherwise requires, be to the Ordinance.

The essential facts may be stated briefly thus:

On October 1, 1986, at about 12.20 a.m., acting on information received in connection with Tangkak Police Report 1999/86, being Ex. AGY 1 to Encl. 12, the applicant was arrested by the police at a stall in Jalan Solok, Tangkak, Muar, Johore. The applicant was then remanded in custody under section 117 of the Criminal Procedure Code for 14 days pursuant to an order made by a Magistrate. He was released on October 14, 1986, but, on the same day, he was re-arrested by D.P.C. Basri bin Mohd. Amin, detained at Muar police station pending enquiries under section 3 and a copy of the reasons for arrest, being Ex. AGY 3 to Encl. 12, served upon him. Upon the conclusion of these investigations, the police submitted a report to the Ministry of Home Affairs.

On December 9, 1986 the Deputy Minister for Home Affairs signed the Detention Order under section 4, being Ex. AGY 5 to Encl. 12, authorising the detention of the applicant for a period of two years with effect from December 12, 1986 at the Pulau Jerejak Rehabilitation Centre. However, the Detention Order, annexed to which was Borang 1, being Ex. AGY 4 to Encl. 12, was served upon the applicant by Inspector Baldev Singh and Insp