JUDGMENT

Gunn Chit Tuan SCJ:

The Public Prosecutor, Malaysia, filed a notice of appeal on 5 September 1989, in which it was stated that the appeal was "against the decision of the honourable Mr. Justice Dato' Shaik Daud b. Haji Ismail given at Kuala Lumpur on 4 September 1989, allowing the release of the above named respondent's international passport under s. 389 of the Criminal Procedure Code" which reads as follows:

389. The amount of every bond executed under this chapter shall be fixed with due regard to the circumstances of the case as being sufficient to secure the attendance of the person arrested, but shall not be excessive; and a Judge may, in any case, whether there be an appeal on conviction or not, direct that any person be admitted to bail or that the bail required by a police officer or Court be reduced or increased.

In the petition of appeal to this Court there was six grounds of appeal, but before us Mr. Gooi Soon Seng, Deputy Public Prosecutor, indicated that he was only proceeding on the following one ground of appeal:

10.5 The learned Judge erred in law and on facts in holding that the High Court has jurisdiction to entertain the respondent's application under s