JUDGMENT

Wan Yahya J:

At the inception of the hearing of this appeal we were informed by Mr. Karpal Singh, Counsel for the appellant and Encik Suriyadi Halim Omar, Senior Federal Counsel appearing on behalf of the respondents that although the singular ground appearing in the memorandum of appeal was neither raised in argument nor reflected in the learned Judge's grounds of judgment, it would nevertheless affect the same question of law identical in issue with an earlier decision made by the same Judge in Kuala Lumpur High Court O.S. No.R8 24-29-90 - Sam Choy dan Timbalan Menteri Dalam Negeri, Malaysia & Ors. (on appeal yet to be heard before this Court).

Both Counsels agree that the decisive question to be placed before this Court is whether a copy of an unsigned order issued by the Menteri Hal Ehwal Dalam Negeri, Malaysia pursuant to s. 2(ii) and 2A of the Restricted Residence Enactment 1933 (FMS, Cap. 39) and served on the appellant in compliance with s. 3(i) of the Enactment is valid. We allowed this appeal to proceed on that ground because putting aside the other ground of appeal in the earlier case, the fundamental issue with regard to the validity of the documents served on