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Loh Kooi Choon v Malaysia
''Loh Kooi Choon v. Government of Malaysia'' (1977) 2 MLJ 187 is a case decided in the Federal Court of Malaysia concerning the rights and freedoms guaranteed by the Constitution, and also involving the extent to which Parliament can amend the Constitution. The decision was delivered by Federal Justice Raja Azlan Shah.
==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.〔Yatim, Rais (1995). ''Freedom Under Executive Power in Malaysia: A Study of Executive Supremacy'', p. 123. Endowment Publications. ISBN 983-99984-0-4.〕
Before his appeal was heard, however, Parliament amended Article 5(4), adding a provision stating:〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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