JUDGMENT

Gopal Sri Ram FCJ:

[1] This is an appeal against the refusal of the High Court to issue habeas corpus for the appellant's release from custody. The relevant facts of the case are these. On 17 November 2008, the Minister for Home Affairs, the first respondent before us, made an order directing the appellant's detention for a period of two years. The order was made pursuant to s. 4(1) of the Emergency (Public Order and Prevention of Crime) Ordinance 1969 ("the Ordinance) which provides:

4(1) If the Minister is satisfied that with a view to preventing any person from acting in any manner prejudicial to public order it is necessary that that person should be detained, or that it is necessary for the suppression of violence or the prevention of crimes involving violence that that person should be detained, the Minister shall make an order directing that that person be detained for any period not exceeding two years.

[2] Pursuant to sub-s. (4) of the same section, a statutory statement setting out the facts and grounds of his detention (also dated 17 November 2008) was served upon the appellant. On 18 November 2008, the appellant made representations against the making of th