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Thursday, June 23, 2022

Govt fails to nullify businessmen’s challenge against extradition laws

 

The Kuala Lumpur High Court held that the lawsuit is not an obvious case to be struck out and ordered a full hearing.

KUALA LUMPUR: The High Court has rejected an application by the home minister and the government to nullify a lawsuit by two Perak businessmen seeking to question the validity of the extradition laws.

In an online proceeding, judge Wan Ahmad Farid Wan Salleh held that the lawsuit was not an obvious case to be struck out and ordered it to be tried in a full hearing.

Ling Yang Ching and Wong Ong Hua had filed the suit in September last year to challenge Sections 4 and 20 of the Extradition Act, claiming that the provisions contravened the Federal Constitution.

The US government had applied to extradite 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.

Five Chinese nationals were also charged alongside the duo.

The home minister and the government claimed that the filing of the lawsuit was an attempt to delay their extradition proceedings in the sessions court.

They said the validity of Sections 4 and 20 should be raised during their extradition hearing.

Ling and Wong, who were arrested by Bukit Aman officers on Sept 14, 2020, have denied that the suit was an attempt to delay their extradition.

The sessions court had heard arguments from the Attorney-General’s Chambers and the businessmen’s lawyer last year on the extradition case and fixed June 28 for mention.

Senior federal counsel Shamsul Bolhassan appeared for the government and the home minister while Tey Jun Ren represented Ling and Wong. - FMT

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