Legal effect of the laws of Sabah and Sarawak passed or made before Malaysia Day necessitates looking into the Federal Constitution and Malaysia Act 1963 - Hafiz Hassan
Kuala Lampur, Sept. 30 -- In the case of Re Datuk James Wong Kim, Minister of Home Affairs, Malaysia & Ors v Datuk James Wong Kim Min [1976], the legality of a detention order came before the Federal Court on appeal from the High Court.
The detention order was made under a regulation of the Preservation of Public Security Regulations (PPSR) which was made under the Preservation of Public Security Ordinance 1962 (PPSO). The PPSO was enacted by the Sarawak Legislature before Malaysia Day.
The issue in the appeal was whether or not the Federal Secretary, Sarawak could lawfully, under a regulation of PPSR, by order direct a detainee to be detained when at the time of the order the detainee was outside Sarawak.
In a unanimous decision, the ...
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