BANISHMENT

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Alien

Banishment - Alien - Habeas corpus

Re Chng Kee Huat [1954] MLJ 205, High Court, Singapore

In this case, the High Court of Singapore considered the question of whether an alien could be banished from Singapore under the Immigration Act (Cap. 133). The court held that an alien could be banished if they were considered to be a threat to public order or security. In this case, the alien had been convicted of a number of offences, including sedition and inciting violence. The court found that he was a threat to public order and security and ordered his banishment from Singapore.



Arrest and detention

Banishment - Arrest and detention - Unlawful society - Court's recommendation

Pek Tin Shu & Anor v Public Prosecutor [1948] MLJ 110, High Court, Ipoh

In this case, the High Court of Malaya considered the question of whether the court could recommend that an alien be banished from Malaya for being a member of an unlawful society. The court held that the court could make such a recommendation if it was satisfied that the alien was a member of an unlawful society and that their continued presence in Malaya was a threat to public order or security. In this case, the court found that the aliens were members of the Malayan Communist Party and that their continued presence in Malaya was a threat to public order and security. The court therefore recommended that they be banished from Malaya.





Banishment - Arrest and detention - Warrant of execution - Minister's discretion

Minister of Home Affairs v Chu Choon Yong & Anor [1977] 2 MLJ 20, Federal Court, Kuala Lumpur

In this case, the Federal Court of Malaysia considered the question of whether the Minister of Home Affairs had the discretion to execute a warrant of banishment without the consent of the court. The court held that the Minister did have this discretion. The court found that the Minister was responsible for the maintenance of public order and security and that he had the power to take whatever steps he considered necessary to protect public order and security. In this case, the Minister had decided that it was necessary to banish the aliens in order to protect public order and security. The court therefore upheld the Minister's decision to execute the warrant of banishment without the consent of the court.