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Tan Boon Wah v Seri Ahmad Said Hamdan
''Tan Boon Wah v. Datuk Seri Ahmad Said Hamdan, Ketua Suruhanjaya, Suruhanjaya Pencegahan Rasuah Malaysia and Others'' was a case decided in the High Court at Kuala Lumpur in Malaysia in 2009. The High Court for the first time defined the meaning of the phrase "day to day" in law, applying it specifically to the Malaysian Anti-Corruption Commission Act. Ruling that "day to day" refers to general office hours, the High Court held that it was illegal to interrogate suspects or prisoners during the night time, and that doing so violated Article 5 of the Constitution, which protects personal liberty.
==Background==
Tan Boon Wah is a Municipal Councillor for Kajang. On 15 July 2009, Tan and Selangor state government aide Teoh Beng Hock were brought by the Malaysian Anti-Corruption Commission (MACC) to their Selangor headquarters for questioning in connection with allegations of graft against the Selangor government. Both Tan and Teoh were interrogated late into the night. After Tan's interrogation concluded in the early hours of 16 July, the MACC told him to go home and return for further questioning at 11 in the morning. Tan decided to stay overnight at the MACC office. Teoh, who was also sleeping there, later fell to his death from the MACC office block; his death is the subject of an ongoing inquest. Teoh's case prompted the announcement of a Royal Commission of inquiry into the MACC's investigation procedures, to be formed after the conclusion of the inquest.
Tan alleged that the MACC had detained both him and Teoh overnight, and that this was a violation of their civil liberties. Tan filed suit against the MACC in the Kuala Lumpur High Court on 22 July, claiming that the phrase "day to day" in Section 30 (3) (a) of the MACC Act permits interrogation during regular office hours, and not 24-hour interrogation. Although there was dispute as to whether Tan and Teoh were actually detained, and the specific hours during which they had been interviewed, the MACC submitted that it had interrogated Tan from 9.45pm on 15 July to 2.53am on 16 July, and this was accepted by Tan for the purposes of the case. He was represented by Karpal Singh. The MACC was represented by senior federal counsel Noorin Badaruddin.
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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