CHNG TEIK WEI 1. PENGERUSI, LEMBAGA PENCEGAHAN JENAYAH 2. KETUA POLIS NEGARA MALAYSIA 3. KETUA POLIS NEGERI TERENGGANU 4. KERAJAAN MALAYSIA

CHNG TEIK WEI 1. PENGERUSI, LEMBAGA PENCEGAHAN JENAYAH 2. KETUA POLIS NEGARA MALAYSIA 3. KETUA POLIS NEGERI TERENGGANU 4. KERAJAAN MALAYSIA

Extension of time is refused because the applicant failed to adduce material evidence showing good and satisfactory reasons for the delay; bare assertions about MCO, inability to access counsel, financial hardship and ignorance of the law are insufficient, and there was no evidence of attempts to obtain travel...

Source-derived case information.

Citation
BA-25-29-05/2021 (Mahkamah Tinggi)
Parties
Applicant: CHNG TEIK WEI; Respondent 1: Pengerusi, Lembaga Pencegahan Jenayah; Respondent 2: Ketua Polis Negara Malaysia; Respondent 3: Ketua Polis Negeri Terengganu; Respondent 4: Kerajaan Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 October 2021
Case Number
BA-25-29-05/2021 (Mahkamah Tinggi)
Procedural Posture
Judicial Review (application for Leave) / Application for Extension of Time Under Order 53 Rule 3(7) Rules of Court 2012
Outcome
Preliminary objection allowed; application for extension of time refused; consequentially leave for judicial review refused for lack of jurisdiction.
Legal Topics
Police Supervision Order, Prevention of Crime Act 1959, Extension of Time, Leave for Judicial Review, Rules of Court 2012 O 53 R 3(6) and R 3(7)
Administrative Law Constitutional Law Criminal Law (preventive Measures) Police Supervision Order Prevention of Crime Act 1959 Extension of Time Leave for Judicial Review Rules of Court 2012 O 53 R 3(6) and R 3(7)

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Parties

CHNG TEIK WEI

Applicant

Pengerusi, Lembaga Pencegahan Jenayah

Respondent 1

Ketua Polis Negara Malaysia

Respondent 2

Ketua Polis Negeri Terengganu

Respondent 3

Kerajaan Malaysia

Respondent 4

Procedural Posture

Judicial Review (application for Leave) / Application for Extension of Time Under Order 53 Rule 3(7) Rules of Court 2012

Legal Issues

  1. 1 Whether there is a good reason to extend time under O 53 r 3(7) ROC
  2. 2 Whether the applicant's asserted grounds (financial hardship, ignorance of time limits, COVID‑19 movement restrictions, lack of access to counsel, inability to swear affidavit locally) constitute good and satisfactory reasons
  3. 3 Whether delay deprives the court of jurisdiction to hear the leave application

Ratio Decidendi

Extension of time is refused because the applicant failed to adduce material evidence showing good and satisfactory reasons for the delay; bare assertions about MCO, inability to access counsel, financial hardship and ignorance of the law are insufficient, and there was no evidence of attempts to obtain travel permits; consequently the court lacks jurisdiction to hear the leave application.

Court Disposition

Preliminary objection allowed; application for extension of time refused; consequentially leave for judicial review refused for lack of jurisdiction.

Orders

  • Preliminary objection of respondents allowed
  • Application for extension of time under O 53 r 3(7) refused