Background
Loh had been detained by the Royal Malaysian Police under a warrant issued under the provisions of the Restricted Residence Enactment 1933 (RRE). Article 5(4) of the Constitution specified that any person arrested "be produced before a magistrate and shall not be further detained in custody without the magistrate's authority" — guaranteeing the right of habeas corpus. Loh was denied this right, and sued the Police for damages. However, his claim was rejected on the grounds that the Police had acted in compliance with a warrant issued by a competent authority. Loh appealed to the Federal Court, which heard his appeal four years after the original case.
Before his appeal was heard, however, Parliament amended Article 5(4), adding a provision stating:
| “ | Provided that this Clause shall not apply to the arrest or detention of any person under the existing law relating to restricted residence, and all the provisions of this Clause shall be deemed to have been an integral part of this Article as from Merdeka Day (independence day). | ” |
Read more about this topic: Loh Kooi Choon V. Government Of Malaysia
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