The High Court in Kuala Lumpur will hear on Monday arguments on whether Section 124L of the Penal Code falls under the purview of the Security Offences (Special Measures) Act (Sosma).

This is in relation to the attempted sabotage charge filed against former Umno division leader Khairuddin Abu Hassan and his lawyer Matthias Chang.

"If the court rules that it falls under Sosma, then there will be no bail for them.

"If not then, they have a right to be tried in the sessions court (instead of the High Court), and granted bail," the lawyer for Khairuddin and Chang, Mohd Hanif Khatri Abdulla, told reporters today.

Justice Azman Husin set the hearing for Monday morning, after taking into consideration the prosecution's request to study the defence motion.

The defence had argued that Magistrate Siti Radziah Kamardin had erred by allowing the charge against Khairuddin and Chang to be read without transferring it immediately to the High Court.

They said she had also failed to rule that Section 124L of the Penal Code does not fall under Sosma.

Their motion was supported by an affidavit by Khairuddin's cousin Azura Alias.

Khairuddin and Chang were charged yesterday with attempting to sabotage the country's banking and financial services sector.

The prosecution has been given two weeks until Oct 26 to get consent to make it a Sosma case.