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2017 MarsdenLR 8028

FEDERAL COURT PUTRAJAYA
PP – Appellant
Versus
GAN BOON AUN – Respondent


[1] On 9 May 2016, the High Court, under ss 84(4) and 85 of the Courts of Judicature Act 1964 , framed and referred the following "constitutional issues" to this Court for determination:

(1) whether s 122(1) of the Securities Industry Act 1983 (SIA 1983) violates arts 5(1) and 8(1) of the Federal Constitution on the basis that it abrogates the fundamental right of an accused person to be presumed innocent until proven guilty?

(2) whether s 122(1) of the SIA 1983 violates arts 5(1) and 8(1) of the Federal Constitution on the basis that it abrogates the fundamental right of an accused that a criminal charge must be proven by the prosecution against the accused beyond reasonable doubt?

(3) whether s 122(1) of the SIA 1983 violates art 121 of the Federal Constitution and the doctrine of separation of powers on the basis that it usurps the judicial powers of the Court by deeming that a Director, Chief Executive Officer or representative of the body corporate has committed an offence where an offence has been committed by the body corporate?

(4) whether the continued prosecution of the accused in this case for the alternative charge under s 122(1) of SIA 1983 after his acquittal on the p

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