The High Court in Kuala Lumpur today ruled that the ban on Petaling Jaya Utara MP Tony Pua on travelling overseas, stands.

Justice Hanipah Farikullah said that it was not a constitutional right for all, including Pua, to be allowed to travel abroad.

She also said in her oral judgment that the director-general of the Immigration Department has the power to enforce the ban under Section 3(2) of the Immigration Act.

The court cited Loh Wai Kong's case which was decided by Lord President Suffian. It said the court was bound by this decision, which was also cited in the recent Victoria Jeyasalee versus the Federal Territory Islamic Council case.

As a result of the two cases cited in the Federal Court, Justice Hanipah said this court was bound by it, based on the stare decisis principle (a decision from a superior court that binds the lower court).

In Loh's case, which was in 1975, he was not allowed to have his passport renewed as he had faced a criminal charge.

Justice Hanipah, in citing Loh's case, said Suffian wrote that Article 9 (of the Federal Constitution) provides freedom of movement.

“However, the article is silent on travel outside the country,” she said.

On the (argument that) barring Pua from travelling had violated his right under Article 5 regarding 'liberty of a person', Justice Hanipah said this article relates to personal liberty but it does not include the right to travel (overseas) and right for someone to possess an (international) passport.

Justice Hanipah also said the ban did not violate Pua's legitimate expectation right as there was no constitutional right that a citizen could travel abroad nor was there any promise or representation that a valid passport gave the holder that right.

'Law unjust'

Pua was barred from travelling to Yogjakarta on July 22 last year, after the inspector-general of police Khalid Abu Bakar informed the director-general of the Immigration Department that the politician was being investigated under Section 124b of the Penal Code, on alleged actions detrimental to parliament democracy.

Khalid had issued a letter dated July 15 last year to the director-general of Immigration Department informing him about the investigation on Pua.

Pua renewed his passport in November 2014 and is valid until April 22, 2020.

As a result of the travel ban, Pua filed a judicial review application in August last year, to quash the director-general of Immigration Department's decision to issue the order to ban him from travelling overseas.

Pua obtained leave (permission) to initiate the judicial review proceedings on Oct 1.

The Petaling Jaya Utara MP said he was disappointed with today's decision.

“The law is unjust and this is considered a persecution following my continuous highlight of the 1MDB issue,” said Pua.

“I was called up and I gave a statement to the police in September last year. I do not know whether I am a witness or a suspect. But since then I was not called anymore,” he said.

His lawyer Gobind Singh Deo said they would likely take this matter up to the Federal Court.

Senior federal counsel Shamsul Bolhassan represented the Immigration Department director-general and the government.