(The Sun) KUALA LUMPUR (Nov 30, 2006): The question of whether the federal police headquarters in Bukit Aman should be deemed a police station was raised at the trial of former Cambodian police chief Heng Peo here today.
High Court judge Datuk Abdul Kadir Musa, referring to Section 34(1) of the Immigration Act 1959/1963 - which states that a person can be detained in prison, a police station or immigration depot - said the question of whether Bukit Aman was in fact a police station for such detention remained unanswered.
He sought a clarification from Deputy Public Prosecutor Mohamed Hanafiah Zakaria, who gave an affirmative nod.
However, Abdul Kadir said the matter should be delved into further as the status of Bukit Aman as a police station might not have been raised before.
Abdul Shukor Ahmad, who represented Heng Peo - who is being detained in Bukit Aman - submitted that the detention order by the Immigration Department's deputy assistant director V.Kasthuri Bai was flawed because according to the Immigration Act, the order to remove Heng Peo from Malaysia must come before the issuance of the detention order.
He said in this case, the detention order had preceded the removal order and was therefore unlawful, adding that his client's application for a writ of habeas corpus should be allowed.
Abdul Shukor was continuing his submission in the habeas corpus application by Heng Peo, who is battling to avoid being deported to Cambodia after being convicted on muder conspiracy charges there.
Heng Peo, 49, was arrested on Oct 3 in Bandar Sunway for overstaying his visa after entering the country through Singapore.
He is also seeking to be sent back to Singapore, his last port of embarkation, and has filed for asylum with the United Nations High Commissoner for Refugees here after his passport was cancelled by the Cambodian government.
Abdul Kadir adjourned hearing to tomorrow for Abdul Shukor to continue with his submission.
tags : bukit aman police station kuala lumpur cambodia malaysia