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High Court dismisses habeas corpus bid by six women from China

KUALA LUMPUR: The High Court here today rejected a habeas corpus application filed by six women from China seeking immediate release from detention under the custody and control of the Commandant of the Bukit Jalil Immigration Detention Depot.

The six women, who filed the application, are engineer Fu Xiaoling, 40; opera artist Fu Xiaoyan, 37; technical consultant Zhong Li, 27; accounts assistant Ai Xi, 31; model Huang Ting, 33; and visitor pass holder Zhao Jinming, 26.

Judge Datuk Azhar Abdul Hamid, in delivering the decision, said that after reviewing the affidavits submitted by both parties, the court found that the two issues raised by the applicants were not in their favour.

“Therefore, the court dismisses this habeas corpus application,” said Judge Azhar.

The proceedings were attended by counsel J. Matthews, representing the six women, while Senior Federal Counsel Mohd Zain Ibrahim represented the Immigration Department Malaysia (JIM) director-general the Home Minister, the Commandant of the Bukit Jalil Immigration Detention Depot, and the Government of Malaysia as the respondents.

The six women filed the habeas corpus application on Sept 9, seeking the court’s order for their immediate release without conditions from their detention at the Bukit Jalil Immigration Detention Depot.

In the supporting affidavit, Matthews said that the six women were detained by JIM during a raid at an entertainment centre on Aug 22, and after their remand period ended, they were ordered to be deported from the country despite all applicants holding valid visas for entry into Malaysia.

He claimed that the applicants, who were in possession of valid work permits and visitor passes, were not charged with any offences or sentenced for any crimes related to their arrest since Aug 22.

As such, he argued that the detention and deportation orders against the applicants were premature, unsupported by strong evidence, amounted to abuse of power, and exceeded the provisions under the Immigration Act 1959/1963.

After the proceedings, Matthews told reporters that they would file an appeal against the decision at the Court of Appeal.

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