Jan 10 hearing of govt appeal to reinstate Extradition Act provisions

The Court of Appeal has fixed Jan 10 next year to hear the government’s appeal against the nullification of two provisions in the Extradition Act 1992.

Senior federal counsel Shamsul Bolhassan this afternoon confirmed the hearing date of the appeal linked to Malaysia’s attempt to extradite two Perak businesspersons wanted by the US authorities.

Shamsul is acting for the Malaysian government, which is appealing against a verdict by the High Court in Kuala Lumpur on Jan 26 this year that allowed the duo’s legal action to declare Sections 4 and 20 of the Act as constitutionally invalid.

The two businesspersons are 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.

Fundamental rights

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.

However in March this year, the High Court allowed the government's application to stay the ruling pending disposal of the appeal.

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 police detained the duo on Sept 14, 2020, following the US government’s application for their extradition.

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.

The duo’s legal team comprised counsel Malik Imtiaz Sarwar and Tey Jun Ren, among others. - Mkini