LAI CHIN WAH, YAP CHENG WAH, MOHD FAIZAL TAN B. ABDULLAH, CHIEN GUAN CHAI DAN MOHD FAIZUL BIN ARIFFIN

LAI CHIN WAH, YAP CHENG WAH, MOHD FAIZAL TAN B. ABDULLAH, CHIEN GUAN CHAI DAN MOHD FAIZUL BIN ARIFFIN

The court held that offences charged under section 26E of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 fall within Part IIIA and are therefore security offences under SOSMA; SOSMA s12 and s13 unambiguously vest trial in the High Court and restrict bail except for specified exceptions, so...

Source-derived case information.

Citation
PA-44-46-10/2019, PA-44-49-10/2019, PA-44-50-10/2019, PA-44-51-10/2019, PA-44(A)-5-10/2019 (Mahkamah Tinggi)
Parties
Applicant: Lai Chin Wah; Applicant: Yap Cheng Wah; Applicant: Mohd Faizal Tan bin Abdullah; Applicant: Chien Guan Chai; Applicant: Mohd Faizul bin Ariffin; Respondent: Public Prosecutor
Court
A
Jurisdiction
Malaysia
Judgment Date
20 November 2019
Case Number
PA-44-46-10/2019, PA-44-49-10/2019, PA-44-50-10/2019, PA-44-51-10/2019, PA-44(A)-5-10/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal / Pre Trial Applications for Bail and for Transfer of Trial
Outcome
All applications dismissed
Legal Topics
Bail, Security Offences (special Measures) Act 2012 (sosma), Article 149 Federal Constitution, Jurisdiction, Transfer of Trial, Public Prosecutor Discretion
Criminal Law Constitutional Law Criminal Procedure Bail Security Offences (special Measures) Act 2012 (sosma) Article 149 Federal Constitution Jurisdiction Transfer of Trial +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lai Chin Wah

Applicant

Yap Cheng Wah

Applicant

Mohd Faizal Tan bin Abdullah

Applicant

Chien Guan Chai

Applicant

Mohd Faizul bin Ariffin

Applicant

Public Prosecutor

Respondent

Procedural Posture

Criminal / Pre Trial Applications for Bail and for Transfer of Trial

Legal Issues

  1. 1 Whether offences under section 26E of Act 670 are security offences under SOSMA
  2. 2 Whether the court retains jurisdiction to grant bail despite SOSMA s13 prohibition
  3. 3 Whether the cases can be transferred from High Court to Sessions Court

Ratio Decidendi

The court held that offences charged under section 26E of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 fall within Part IIIA and are therefore security offences under SOSMA; SOSMA s12 and s13 unambiguously vest trial in the High Court and restrict bail except for specified exceptions, so the court must apply the statute and the bail applications were dismissed.

Court Disposition

All applications dismissed

Orders

  • All bail applications dismissed
  • Applications to transfer trial to the Sessions Court dismissed