WONG SHEE KAI v. GOVERNMENT OF MALAYSIA

[2022] 6 MLRA 797
Federal Court, Putrajaya
Tengku Maimun Tuan Mat CJ, Abang Iskandar Abang Hashim CJSS, Vernon Ong Lam Kiat, Rhodzariah Bujang, Zabidin Mohamad Diah FCJJ
[Suit No: BKA-1-08-2021(W)]
Tengku Maimun Tuan Mat CJ, Abang Iskandar Abang Hashim CJSS, Vernon Ong Lam Kiat, Rhodzariah Bujang, Zabidin Mohamad Diah FCJJ

JUDGMENT

Tengku Maimun Tuan Mat CJ:

Introduction

[1] This is a petition filed in the exclusive original jurisdiction of the Federal Court pursuant to leave granted by a Judge of this Court under art 4(3) and (4) of the Federal Constitution ('FC'). The petition essentially sought to challenge the constitutional validity of ss 63 and 64 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 ('AMLATPUAA 2001').

[2] The reliefs sought vide para 18 of the petition are as follows:

"18.1. A declaration that s 63 of Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 is invalid and/ or void because it is inconsistent with and contrary to art 5 and/ or art 8 of the Federal Constitution;

18.2. A declaration that s 64 of Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 is invalid and/ or void because it is inconsistent with and contrary to art 5 and/ or art 8 of the Federal Constitution;

18.3. Such further and/ or other reliefs deemed fit and just by this Honourable Court.".

[3] Upon perusing the petition and upon considering the written and oral submissions of parties, we were constrained to strike out the petition. We now provide the grounds for our decision.

Background Facts

[4] The petitioner is a party to at least two criminal forfeiture proceedings initiated by the Public Prosecutor respectively in two separate criminal applications ('the motions'). In both the motions, the Public Prosecutor alleged that the petitioner has absconded and, on that basis, sought to invoke ss 63 and 64 of the AMLATPUAA 2001 against the petitioner. The petitioner opposed the motions and the motions have been stayed pending the disposal of this petition. For reasons that will be apparent later, we do not find it necessary to reproduce ss 63 and 64 of the AMLATPUAA 2001.

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