JUDGMENT

Augustine Paul FCJ:

[1] This appeal was heard together with Federal Court Criminal Appeal No 05-12-2006(W). It raises for consideration the proper interpretation to be accorded to s. 3(3)(a) and (b) of the Emergency (Public Order and Prevention of Crime) Ordinance 1969 ("the 1969 Ordinance") and the extent of the ratio decidendi of the recent judgment of this court in Mohd Faizal bin Haris v. Timbalan Menteri Dalam Negeri, Malaysia and Others [2005] 4 CLJ 613("Mohd Faizal bin Haris").

[2] On 8 September 2004 the respondent was arrested under the 1969 Ordinance. On 5 November 2004 a detention order was made against him under s. 4(1) of the 1969 Ordinance for a period of two years with effect from 6 November 2004. On 24 October 2005 he filed a motion for the issue of a writ of habeas corpus. On 12 January 2006 the High Court made an order for the issue of the writ. In making the order the learned judge of the High Court took the view that there was non-compliance by the police with the requirements of s. 3(3)(a) and (b) of the 1969 Ordinance thereby vitiating the order made by the Minister. Even though the defect, if any, occurred prior to the making of the detention order b