CHAN KOK MING v Pendakwa Raya

a-05-201-06-2023 Court of Appeal (Mahkamah Rayuan) 26 October 2023 • A-05-201-06/2023

Catchwords

Notice of preliminary objection on two grounds - The appeal is incompetent - The appeal has been rendered academic - Section 50 of the Courts of Judicature Act 1964 - Jurisdiction to hear and determine criminal appeals - Section 3 of the Court of Judicature Act 1964 – Deifinition of the word "decision" - The right of appeal against any decision of the court in respect of criminal matter does not include any ruling made in the course of a trial or hearing of any cause or matter which does not finally dispose of the rights of the parties - The order of the High Court to allow the prosecution's application for review and further order to set aside the Sessions Court’s ruling that the appellant's passport be temporary released, does not amount to disposal of rights of the parties - The orders of the High Court are not “decision" that has the effect of finally determining the rights of the appellant within the definition under section 3 of the Court of Judicature Act 1964 and therefore is not appealable - There are compelling justification for this Honourable Court to exercise its jurisdiction to hear the appeal on its merits - The preliminary objection raised by respondent is without merits and accordingly, the Court dismiss the respondent’s objection - The learned judge had failed to sufficiently consider the significance concept of the appellant business in feng shui - The appellant has never failed to appear in court for his ongoing criminal trial - The Court also recognised that the order sought by the appellant has gone stale - To strike a balance between the risk of the appellant fleeing and fundamental right under the Federal Constitution to the freedom of movement, liberty and presumption of innocence - Supporting documents such as flight itinerary or accommodation particulars must be submitted to the Sessions Court and failure to furnish the required documents will result in refusal to regain temporary release of his passport - Upon compliance, the applicant international passport will then be released to the appellant and the passport will need to returned to the Sessions Court.

Practice Areas

Constitutional Law Criminal Procedure

Judges (3)

Azman bin Abdullah Coram Azmi bin Ariffin Coram Hadhariah bt Syed Ismail Delivered

Parties (2)

Pendakwa Raya Respondent Chan Kok Ming Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (a-05-201-06-2023)