Administrative Law : Exercise of judicial functions - Judicial review - Appeal to quash decision of High Court in granting certiorari to quash decision of 1st appellant - Whether judicial review in Malaysia permitted a review of process and merit - Whether applicable test to review decision of 1st appellant objective test or subjective test - Whether decision of 1st appellant unreasonable - Whether respondents had right to be heard under s 5 of Societies Act 1966

This was an appeal by the appellants against the decision of the High Court, granting the respondents' application, inter alia, for an order of certiorari to quash the 1st appellant's order dated 14 November 2014 which declared the Sarawak Association For Peoples' Aspiration ('SAPA') an unlawful and/or illegal society. In this appeal, the appellants contended that the High Court Judge ('HCJ') had erred in fact and in law in concluding, amongst others, that the 1st appellant's decision was unreasonable and/or irrational even though there was sufficient evidence on record to justify the 1st appellant's decision; the 1st appellant had not proven any untoward incidents to the activities involving the SAPA when the 1st appellant made his decision under s 5 of the Societies Act 1966 ('the Act'); the HCJ by her decision had usurped the power of the 1st appellant in relation to the matters pertaining to the national security as provided under s 5 of the Act; and the HCJ erred in law and fact in quashing the decision of the 1st appellant as that decision was made in compliance with s 5 of the Act.

Held (dismissing the appeal and affirming the decision of the High Court):

(1) In the instant appeal, the counsel for the appellants posited that courts and judges were not best equipped to scrutinise decisions which were laden with issues of policy or security or which call for polycentric political considerations. However, as stated in Ong Ah Hooi v. Pentadbir Tanah Larut Matang dan Selama & Anor, the current state of law on judicial review in Malaysia permitted a review of process and merit. (Ketua Pengarah Hasil Dalam Negeri v. Alcatel Lucent Malaysia Sdn Bhd & Anor (refd)). (paras 23-25)