30 Jul 2021
Goh Leong Yong 1. ASP Khairul Fairoz bin Rodzuan 2. Majistret Mahkamah Majistret Kuala Lumpur 3. Ketua Polis Negara Malaysia 4. Kerajaan Malaysia
- Citation
- 05(HC)-158-11/2020(W) (Mahkamah Persekutuan)
- Court
- HC
- Case number
- 05(HC)-158-11/2020(W) (Mahkamah Persekutuan)
The appeal is dismissed. The habeas corpus application directed at the s.4(1)(a) remand was academic because that order had lapsed and custody was then governed by a valid s.4(2)(a) remand; there was no procedural non-compliance in either s.4(1)(a) or s.4(2)(a) detentions; section 4 POCA is constitutional and within Parliament’s powers under the Federal Constitution; the Minister’s inclusion of unlawful gaming in the POCA schedule was within delegated powers and consistent with POCA’s purpose; allegations of mala fides were not established.