Lee Hun Hoe CJ (Borneo)

(delivering the judgment of the Court): This appeal against the dismissal of an application for habeas corpus and the refusal to grant a declaration that a warrant of committal issued by the Deputy Registrar is invalid and bad in law may be compendiously stated as raising the question of jurisdiction of this court.

On May 18, 1976 appellant was convicted on three charges under the Prevention of Corruption Act, 1961, and sentenced to one year's imprisonment on the first charge and two years each on the second and third charges, the sentences to run concurrently. He was also ordered to pay $225,000 to UMNO (United Malay National Organisation), Selangor. On January 24, 1977 in a separate trial he was convicted on two charges under sections 458 and 109 of the Penal Code and sentenced to six months' imprisonment on the first charge and a fine of $15,000 on the second charge. In both cases he appealed to this court. On June 10, 1977 in Federal Court Criminal Appeal No. 19 of 1976, "the first appeal"(1) was dismissed and the sentences were confirmed except that this court ordered the sum of $250,000 to be paid to the Federal Government as fine and not to UMNO, Sela