JUDGMENT

Abdul Hamid Omar LP:

This is an appeal from the judgment of the High Court, Kota Bahru. We heard the appeal on 2 March 1990 and gave a short oral judgment. We indicated that in view of the importance of this case we would give a written judgment. We do so now.

We have studied minutely the appeal records and given full weight to the various views expressed by the trial Judge and the Counsel before us. However, many of the issues dealt with by the learned Judge were not quite relevant for the decision of this appeal. In our grounds of judgment, we shall only place emphasis to those matters in respect of which we think some explanation would be helpful for future cases.

The facts of the case according to the affidavits filed and submission made by Counsel are quite simple in our view. The plaintiff is a Buddhist and his daughter Susie Teoh Bee Kue (referred to as "the infant") born on 5 April 1968 and nearing the age of 18 years, a minor by secular law, was found missing on 18 April 1985. The discovery of her absence was made by her boyfriend, Tan Boon Hwee. After futile searches for a week, the plaintiff's son-in-law then made a police report. Later it was reported that she