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2023 MarsdenLR 1482

FEDERAL COURT PUTRAJAYA
PETER CHANG NYUK MING – Appellant
Versus
TIMBALAN MENTERI DALAM NEGERI & ORS – Respondent


Petitioner Advocates:K Rakhbir Singh ,Respondent Advocate: Zulkipli Abdullah,Nuur Izham Ismail

Table of Content
1. detention order and its implications. (Para 2 , 3)
2. arguments against validity of detention. (Para 4 , 5)
3. court's view on habeas corpus applicability. (Para 6 , 12 , 13)
4. suspension of detention order explained. (Para 7 , 9 , 10 , 11)
5. legal standards for habeas corpus. (Para 14 , 15 , 21 , 22)
6. interpretation of constitutional rights. (Para 17 , 19 , 20)
7. stare decisis and its importance. (Para 24 , 25 , 26)
8. final order for habeas corpus. (Para 27)
Mary Lim Thiam Suan FCJ:

[1] The appellant filed for the issue of a writ of habeas corpus. The application was dismissed by the learned Judge who agreed with the preliminary objection raised by the learned Senior Federal Counsel [SFC]; that such writ does not lie where the corpus is not or is no longer in physical detention. We disagree and these are our reasons.

Some Material Facts

[2] Pursuant to a detention order dated 30 August 2021 issued under the hand of the 1st respondent, the appellant was detained at Pusat Pemulihan Akhlak, Simpang Rengam, Johor for a period of two years. He is alleged to have been involved in activities related to trafficking of dangerous drugs as defined under s 2 of the Dangerous Dr

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