Wanted Perak duo's extradition: Court to hear govt's stay bid next week

 

The Kuala Lumpur High Court has set March 14 to hear the government’s application to stay its ruling that invalidated two provisions in the Extradition Act 1992.

The Malaysian administration is seeking the stay pending its related appeal linked to two Perak businesspersons’ legal challenge against being extradited to the United States to facilitate investigations into a hacking syndicate.

Tey Jun Ren, who is acting for wanted duo Ling Yang Ching and Wong Ong Hua, confirmed with Malaysiakini this afternoon that the High Court set the hearing date during case management yesterday.

The Malaysian government is appealing against the High Court verdict on Jan 26 that allowed the two businesspersons’ legal action to declare Sections 4 and 20 of the Act as constitutionally invalid.

The duo is relying on the High Court ruling to strengthen their separate bid to challenge pending extradition proceedings before the Kuala Lumpur Sessions Court.

Both men are currently out on bail.

The US government is seeking them to face charges for alleged masterminding of a global hacking operation for identity theft and planting of ransomware, as well as purported intelligence gathering on Hong Kong activists, among other purported activities.

Through the High Court verdict, judge Wan Ahmad Farid ruled that Sections 4 and 20 of the Act contravened a constitutional provision on the power of the Malaysian courts per Article 121(1) of the Federal Constitution.

The judge said the two sections in the act gave the executive arm of government, via the home minister, power to direct the judiciary, in the form of the Sessions Court, in relation to extradition orders.

Section 4 is about the home minister’s power to direct the extradition of a suspect to a requesting foreign country to face criminal charges. Section 20 states that a court is to ensure a suspect’s detention, pending the ministerial order.

“Sections 4 and 20 of the Extradition Act 1992 are unconstitutional, null, void and of no effect as they are in contravention of Article 121(1),” Wan Ahmad Farid said.

He declared that the two provisions violated the fundamental rights of Ling and Wong, namely the right to due legal process, equality before the law, and a prohibition against banishment.

Originating summons

Last year, Ling and Wong filed an originating summons asking the High Court to determine several constitutional questions on the validity of the extradition laws.

The duo was detained by the police on Sept 14, 2020, following the US government’s application for their extradition. The proceedings are still pending before the Kuala Lumpur Sessions Court.

Last year before the High Court, the duo filed the originating summons seeking a judicial determination on the constitutional validity of Malaysia’s extradition law.

Through their High Court bid, Ling and Wong claimed that both provisions violated fundamental liberties enshrined in the Federal Constitution, which is the supreme law of Malaysia. - Mkini