Ahmad Hanir bin Hambaly @ Arwi
About Ahmad Hanir bin Hambaly @ Arwi
Ahmad Hanir bin Hambaly @ Arwi appears as counsel of record in 4 reported Malaysia judgments (2025–2026). These were heard before MYFC (2), MYCOA (1) and MYHC (1).
On the court record
Ahmad Hanir bin Hambaly @ Arwi's reported practice is in constitutional and administrative-law litigation, appearing in the Federal Court and the Court of Appeal, frequently on the side of the State and the Attorney General, and acting for respondents and appellants.
A central group of matters concerns judicial review and the powers of the Attorney General. In related Federal Court proceedings he acted for a respondent and then an appellant on the Attorney General's role at the leave stage of judicial review under Order 53 rule 3(3) of the Rules of Court 2012 — whether there is a duty to confirm or disclose documents, the burden of proof for disputed evidence, and the distinction between the Attorney General's procedural and respondent roles. Those proceedings also engaged the test for admitting fresh evidence at the appellate stage under rule 7(3A) of the Rules of the Court of Appeal 1994 and its relationship to Ladd v Marshall, and the justiciability of a decision of the Pardons Board on a royal pardon.
In a related High Court matter he acted for a respondent on an application for leave to commence committal proceedings, where the alleged contempt arose from the stand taken to oppose leave in judicial review proceedings, said to be inconsistent with the respondent's knowledge of a court order.
He has also appeared for a respondent in a Court of Appeal judicial review concerning the exercise of prosecutorial discretion, engaging the leave threshold, the Attorney General's discretion under Article 145(3) of the Federal Constitution, a discharge not amounting to an acquittal under section 254 of the Criminal Procedure Code, and the principle that the courts intervene only in appropriate, rare and exceptional cases. The practice is constitutional and administrative litigation on questions of prosecutorial and executive power. The recurring theme is the reach of the Attorney General's discretion and the limits of what the courts may review.
How many cases has Ahmad Hanir bin Hambaly @ Arwi appeared in?
Ahmad Hanir bin Hambaly @ Arwi appears as counsel of record in 4 reported Malaysia judgments (2025–2026).
Which courts does Ahmad Hanir bin Hambaly @ Arwi appear in?
Ahmad Hanir bin Hambaly @ Arwi appears before MYFC (2), MYCOA (1) and MYHC (1).
What does Ahmad Hanir bin Hambaly @ Arwi focus on in these decisions?
Constitutional and administrative-law litigation, frequently for the State and the Attorney General. His matters include Federal Court proceedings on the Attorney General's role at the leave stage of judicial review and the justiciability of a Pardons Board decision, a committal-leave matter, and a Court of Appeal judicial review on prosecutorial discretion.
What constitutional questions arose in the Federal Court proceedings?
The Attorney General's role at the leave stage of judicial review under Order 53 rule 3(3) of the Rules of Court 2012 — including any duty to confirm or disclose documents and the burden of proof for disputed evidence — the threshold for admitting fresh evidence on appeal under rule 7(3A) of the Rules of the Court of Appeal 1994 and its relationship to Ladd v Marshall, and whether a decision of the Pardons Board on a royal pardon is justiciable. He acted for a respondent and then an appellant.
What was the judicial review of prosecutorial discretion about?
A Court of Appeal matter, in which he acted for a respondent, on the exercise of prosecutorial discretion — the leave threshold for judicial review, the Attorney General's discretion under Article 145(3) of the Federal Constitution, a discharge not amounting to an acquittal under section 254 of the Criminal Procedure Code, and the principle that the courts intervene only in appropriate, rare and exceptional cases.