JUDGMENT

Zaharah Ibrahim FCJ:

Introduction

[1] This is an appeal by the appellants against the decision of the High Court which allowed the respondents application for a writ of habeas corpus to be issued for his release from detention pursuant to the warrant of committal issued by the Sessions Court pending the order for extradition by the 1st appellant.

[2] We heard the appeal on 26 April 2016 and allowed the appeal. We now give our reasons for that decision.

Background Facts

[3] The facts of this case are as set out below.

[4] A warrant of arrest dated 27 July 2012 was issued by the Bangkok Criminal Court against the respondent.

[5] Subsequently, the Government of Thailand made a request to the Government of Malaysia vide a letter of request dated 21 August 2013 for a temporary warrant of arrest to be issued against the respondent. The request was made under the Extradition Treaty concluded between Great Britain and Siam on 4 March 1911 and made applicable to Malaya (and later Malaysia) and the Government of the Kingdom of Thailand by way of Diplomatic Notes dated 17 October 1959 and recognised through the Extradition (Thailand) Order 1992 ("Thailand Order") made under the