2 facing US hacking charges want extradition case referred to High Court

 

The US Department of Justice wants Perak businessmen Ling Yang Ching and Wong Ong Hua to face charges of running a global hacking operation.

KUALA LUMPUR: Two Perak businessmen wanted by the US Department of Justice (DoJ) in connection with a major hacking syndicate want the High Court to determine several constitutional questions on the validity of the extradition laws.

Ling Yang Ching and Wong Ong Hua were arrested by Bukit Aman on Sept 14, 2020 after the US government applied to extradite them.

The US government wants them to face charges in the District of Columbia for allegedly running a global hacking operation to steal identities and video game technology, plant ransomware and spy on Hong Kong activists.

Fve Chinese nationals have been charged alongside Ling and Wong.

In their application filed this week, the duo want the sessions court to refer their case to the High Court which, they say, have the power to determine the constitutionality of Sections 4 and 20 of the Extradition Act.

Section 4 states deals with the home minister making a direction to extradite a suspect to a country that requests for him to face charges, while Section 20 says the court has to commit the suspect in detention, pending the minister’s order to surrender him.

Ling and Wong allege that both provisions breach several articles under the Federal Constitution that touch on fundamental liberties and judicial powers.

Sessions court judge Emelia Kaswati Mohamad Khalid fixed Feb 16 for mention for their application.

The duo were represented by lawyer Tey Jun Ren, while deputy public prosecutor Mohd Ashrof Adrin Kamarul appeared for the government.

Previously, they had filed a suit to challenge the constitutionality of Sections 4 and 20. However, the minister and the government wanted to strike out the suit on grounds that it was an attempt to delay their extradition proceedings in the sessions court.

The government contended that the issue of the validity of Sections 4 and 20 should be raised during the extradition hearing.

Ling and Wong denied that the suit was an attempt to delay their extradition case, adding that the lower courts had no power to make a ruling on constitutional issues. - FMT