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Wednesday 27 October 2010

Applicants claim that provision under Amla is unconstitutional

The Star
by M. MAGESWARI

KUALA LUMPUR: Ten people and three companies are challenging the constitutional status of a freeze order in the Anti-Money Laundering and Anti-Terrorism Financing Act (Amla).

The applicants’ lead counsel Michael K.T. Chow said it is the first time that there is a lawsuit disputing the constitutionality of the provision, as stipulated in Section 44 of the Act.

“We are saying Section 44 of the Amla is unconstitutional because it allows freeze orders to be issued without notice to the persons concerned.

“The order is not issued by the court but by investigating officers of Bank Negara,” he told reporters here yesterday.

Asked why his clients’ bank accounts were frozen, Chow said the applicants were said to be guilty of using a moneychanger to send money abroad for business.

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, wife Lee Moi Tiang, 52, and daughter Khor Yea Jye, 29.

CTW Marketing is also one of the three companies named as applicants.

In a judicial review application filed on Sept 6, they named Bank Negara and the Malaysian Govern­ment as respondents.

Chow, who is acting for the 13 applicants together with lawyer Stanley Augustin, said his clients were challenging the central bank’s decision to freeze their bank accounts.

The applicants are asking for a declaration that Section 44 of Amla is in violation of the provision of the Federal Constitution that all persons are equal before the law and is, accordingly, null and void.

They are applying to quash the decision of Bank Negara in issuing the freeze notices dated July 28.

Among others, they are asking for costs and further relief deemed fit by the court.

On the grounds for leave application, the applicants stated that Bank Negara had acted in excess of its powers conferred upon it by the same Act.

High Court (Appellate and Special Powers) judge Justice Mohd Zawawi Salleh yesterday allowed an application by Senior Federal Counsels Noor Hisham Ismail and Nadia Hanim Mohd Tajuddin to file further written submissions for the leave application.

The judge set Thursday for hearing of the leave application after meeting the parties in his chambers.

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