KUALA LUMPUR, May 17 – The High Court set July 28 to hear submissions on points of law over powers of the state to restrict people from leaving the country in Petaling Jaya Utara Member of Parliament Tony Pua Kiam Wee’s judicial review the application.
Senior Federal Counsel Shamsul Bolhassan, representing the Immigration Director-General and the government, told the media that High Court judge asked the parties to submit over the issue whether it was reasonable action for the government to prevent a person from leaving the country.
Meanwhile, Pua’s lawyer Gobind Singh Deo said certain issues will be raised which required more study and research. He said points of law on powers of the state to restrict people from leaving the country and whether judicial review is excluded in certain specific cases. Judge Datuk Hanipah Farikullah set the date in chambers after meeting Shamsul and Gobind.
On Oct 1 last year, the High Court had granted leave for a judicial review for Pua to challenge the Immigration order barring him from leaving the country. Pua, who is also DAP’s national publicity secretary, is seeking a declaration that the restriction order imposed on him on July 22, 2015, was unlawful and invalid. Besides seeking to quash the order, he is also asking for special damages, costs and other relief deemed fit by the court.
The DAP leader alleged that the order was ultra vires or beyond the authority of the respondents as he was not given any notice or opportunity to be heard prior to the decision. He alleged that the decision was unreasonable, unfair and mala fide or malacious against him. Pua was at the Kuala Lumpur International Airport 2 for a flight to Yogyakarta, Indonesia when he was stopped from leaving.