Judge dismisses application for leave to challenge freeze order

  • Nation
  • Friday, 12 Nov 2010

KUALA LUMPUR: Ten people and three companies challenging the constitutional status of a Bank Negara Malaysia freeze order in the Anti-Money Laundering and Anti-Terrorism Financing Act (Amla) failed to get leave to pursue their application.

High Court judge Justice Mohd Zawawi Salleh dismissed their application on Oct 28 after meeting counsel of both parties in chambers.

In his judgment recently made available to the press, he held that Bank Negara was exercising its statutory function in issuing the order for the purpose of criminal prosecution.

He also held that the freeze order was not an administrative decision which could be reviewed within the ambit of a judicial review.

Among the applicants in the suit are businessman Khor Peng Chai, 57, who is a director and shareholder of licensed money lender CTW Marketing (M) Sdn Bhd, his wife Lee Moi Tiang, 52, and daughter Khor Yea Jye, 29.

CTW Marketing was one of the three companies that filed the application for a judicial review on Sept 6, naming Bank Negara and the Malay-sian Government as respondents.

The applicants claimed that Section 44 of Amla was unconstitutional as it allowed freeze orders to be issued without notice to the persons concerned, and sought a declaration that Section 44 of Amla was in violation of the provision of the Federal Constitution that all persons are equal before the law and was, accordingly, null and void.

They also claimed that Bank Negara had acted in excess of its powers conferred upon it by the same Act.

They applied to quash the decision of Bank Negara in issuing the freeze notices dated July 28, as well for costs and further relief deemed fit by the court.

Michael K.T. Chow appeared for the applicants, and senior federal counsel Noor Hisham Ismail and Nadia Hanim Mohd Tajuddin for Bank Negara.

Article type: metered
User Type: anonymous web
User Status:
Campaign ID: 1
Cxense type: free
User access status: 3
Join our Telegram channel to get our Evening Alerts and breaking news highlights

Next In Nation

Penang cops arrest suspect high on drugs who ran amok
Hisham: Immigration asked to review categories of applications without applying via ‘MyTravelPass’
Appreciate how and on what basis Malaysia Day was formed, says Sabah CM
Work together to rebuild the economy and livelihoods, Muhyiddin tells M’sians
PM says MA63 issues will be resolved, announces over RM9bil allocation for Sabah and Sarawak
Friday prayers allowed in KL, Putrajaya mosques with up to 500 congregants, says Jawi
EMCO extended in four areas in Pahang until Oct 1
Malaysia can overcome challenges if people remain united, says Selangor Sultan
Langkawi police: No compound notices issued on island resort’s first day of reopening
AirAsia: Full flight load to Langkawi signals strong rebound for domestic air travel

Stories You'll Enjoy