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Public Prosecutor v Khong Teng Khen : ウィキペディア英語版 | Public Prosecutor v Khong Teng Khen Public Prosecutor v. Khong Teng Khen & Anor (1976) 2 MLJ 166 is a case concerning constitutional law in Malaysia. In ''Khong Teng Khen'', it was held by the Federal Court that the Essential (Special Cases) Regulations 1975 (ESCAR) was in line with and valid under the Constitution of Malaysia. The case was heard by Lord President of the Federal Court Mohamed Suffian Mohamed Hashim and Federal Justice Wan Sulaiman, who were in the majority, with Federal Justice Ong Hock Sim who dissented. ==Background==
The accused had been charged with possessing firearms and ammunition in a security area proclaimed by the government, in violation of section 57(1) of the Internal Security Act (ISA). After a preliminary inquiry, the case was committed to trial in the High Court.〔Yatim, Rais (1995). ''Freedom Under Executive Power in Malaysia: A Study of Executive Supremacy'', p. 222. Endowment Publications. ISBN 983-99984-0-4.〕 The Attorney General later certified the accused as fit and proper persons to be tried under the special rules of evidence of the ESCAR. The counsel for the accused submitted that the trial should follow the ordinary rules of evidence of the Criminal Procedure Code instead of the ESCAR, claiming that the ESCAR was unconstitutional because it was a regulation promulgated by the Yang di-Pertuan Agong (King) after a new session of Parliament had convened. This was an alleged contravention of Article 150 of the Constitution.〔 To address this question of constitutional law, the trial judge referred the matter to the Federal Court.〔
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