The Star (Malaysia)
KUALA LUMPUR: The High Court here was told that the detention of former Cambodian police chief Heng Peo by the Immigration Department is unconstitutional.
Heng Peo's counsel Abdul Shukor Ahmad said Article 5(4) of the Federal Constitution clearly stated that any non-citizen arrested must be produced before a magistrate within 14 days of his or her detention.
“Until today the applicant was never been produced before any magistrate and therefore the Immigration Department has violated Heng Peo's right, and he has been detained illegally since Oct 3,” he said.
Abdul Shukor was submitting in an application by Heng Peo's wife Ngin Fotheavy to stop the Immigration Department from deporting Heng Peo to Cambodia.
The application named the Inspector-General of Police, the Immigration Department Director-General and the Malaysian Government as respondents.
Abdul Shukor submitted that the detention orders against Heng Peo were also not in accordance with the Immigration Act 1959/63.
He said there were two detention orders. The first order was issued on Oct 12 by Immigration Assistant Deputy Director V. Kasturi Baim under the Immigration Act and served on Heng Peo at the department's headquarters in Putrajaya.
However, Kasturi Baim also issued a second order with amendment on behalf of the department's director-general and served on Heng Peo at Bukit Aman the following day, he said.
“Explanation on the matter clearly showed that they (Immigration Department) had violated the procedure,” he said.
Justice Datuk Abdul Kadir Musa fixed Thursday for further submission.
Heng Peo's counsel Abdul Shukor Ahmad said Article 5(4) of the Federal Constitution clearly stated that any non-citizen arrested must be produced before a magistrate within 14 days of his or her detention.
“Until today the applicant was never been produced before any magistrate and therefore the Immigration Department has violated Heng Peo's right, and he has been detained illegally since Oct 3,” he said.
Abdul Shukor was submitting in an application by Heng Peo's wife Ngin Fotheavy to stop the Immigration Department from deporting Heng Peo to Cambodia.
The application named the Inspector-General of Police, the Immigration Department Director-General and the Malaysian Government as respondents.
Abdul Shukor submitted that the detention orders against Heng Peo were also not in accordance with the Immigration Act 1959/63.
He said there were two detention orders. The first order was issued on Oct 12 by Immigration Assistant Deputy Director V. Kasturi Baim under the Immigration Act and served on Heng Peo at the department's headquarters in Putrajaya.
However, Kasturi Baim also issued a second order with amendment on behalf of the department's director-general and served on Heng Peo at Bukit Aman the following day, he said.
“Explanation on the matter clearly showed that they (Immigration Department) had violated the procedure,” he said.
Justice Datuk Abdul Kadir Musa fixed Thursday for further submission.
Keep him in jail in Malaisia so he can be alive, don't sent it back to cambodia please!
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