ZHOU QIANG / LELAKI / CHINA / 16.06.2000

ZHOU QIANG / LELAKI / CHINA / 16.06.2000

Bail was refused because the accused is charged with an offence under Section 15(1)(c) Immigration Act 1959/63 which attracts non-bailable considerations and there are reasonable grounds to believe the accused, a foreign national with an expired/irregular pass and demonstrated local trend of absconding, is likely to flee despite proposed conditions and sureties.

Citation
WA-62PT-153-02/2025 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Defendant: ZHOU QIANG
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
4 February 2025
Case Number
WA-62PT-153-02/2025 (Mahkamah Sesyen)
Procedural Posture
Criminal (immigration Offence) / Bail Application (appeal Against Denial)
Outcome
Bail refused
Legal Topics
Overstaying, Non Bailable Offence, Risk of Flight, Bail Conditions
Source Language
Malay/English
Immigration Law Criminal Procedure Bail Law Overstaying Non Bailable Offence Risk of Flight Bail Conditions

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Parties

PENDAKWA RAYA

Prosecution

ZHOU QIANG

Defendant

Procedural Posture

Criminal (immigration Offence) / Bail Application (appeal Against Denial)

Legal Issues

  1. 1 Whether bail should be granted to a foreign national charged under Section 15(1)(c) Immigration Act 1959/63 for overstaying
  2. 2 Whether the risk of flight by the accused justifies refusal of bail despite offers of surety and conditions
  3. 3 Applicability of Section 388(1) Criminal Procedure Code and relevant case law on foreign nationals and bail

Ratio Decidendi

Bail was refused because the accused is charged with an offence under Section 15(1)(c) Immigration Act 1959/63 which attracts non-bailable considerations and there are reasonable grounds to believe the accused, a foreign national with an expired/irregular pass and demonstrated local trend of absconding, is likely to flee despite proposed conditions and sureties.

Court Disposition

Bail refused