KUALA LUMPUR: Six China nationals suspected of involvement in a major Macau Scam and online gambling syndicate will remain under police custody.
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This was after the High Court rejected their application for a writ of habeas corpus for an immediate release from detention under the Prevention of Crime Act (Poca) 1959.
The six applicants are Jiang Xiang, Wang Jun Cheng, Li Jiang, Luo Hongbin, Lei Meng and Yu Xiang Yu.
High Court judicial commissioner Datuk Azhar Abdul Hamid made the decision after allowing a preliminary objection by the respondents, namely the investigating officer in the case, the Kuala Lumpur Magistrate’s Court, the Inspector-General of Police (IGP) and the government.
In his judgement, Azhar said the applicants’ bid to challenge their initial 59-day detention under Section 4(2)(a) of Poca has become academic since they are now being detained under Section 19A(1) of the Act.
“They are now detained under Section 19A(1) for six months in the Simpang Renggam, Johor and Bentong, Pahang detention centres.
“Thus, Section 4(2)(a) which they are challenging has become academic.
“The respondents’ preliminary objection is allowed and the application for a writ of habeas corpus is therefore dismissed,” he said.
Azhar had also in his judgement found that Poca was applicable to non-citizens.
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He said he made the finding after going through the detailed and thorough submissions put forward by the parties on whether the Act was applicable to non-citizens.
He said his full grounds of judgement will be ready by next week.
The applicants’ lawyer, Gobind Singh Deo, said they will file an appeal against the decision.
In the application which was filed separately, the six had sought for an order that their arrest and detention under the Poca has no basis, is not in compliance with the procedure and mala fide.
They had also, among others, sought for an order that the application for their detention does not fall under the scope of the Act and that the Act is not applicable to them.
Thus, they are seeking for a writ of habeas corpus for an immediate release.
They had, in their application, named Inspector Wayandiana Abdullah, the Kuala Lumpur Magistrate’s Court, the IGP and the government as respondents.
The six were arrested by police in October, last year, and remanded for 59 days from Nov 23, the same year.
It was reported that 130 people connected to the syndicate were detained during a special operation codenamed “Ops Dadu Centre” in October, last year.- NST