The Court of Appeal in Putrajaya has fixed Nov 2 to hear the prosecution's appeal over a High Court ruling that charges of alleged sabotage of financial services against Khairuddin Abu Hassan and his lawyer Matthias Chang does not fall under the Security Offences (Special Measures) Act 2012 or Sosma.

Appellate court deputy registrar Fatin Khazin set the date when the matter came up for case management today.

Khairuddin is the former Umno Batu Kawan division vice-chief, while Chang is a former political secretary to former prime minister Dr Mahathir Mohamad.

Speaking to reporters, Khairuddin's lawyer Mohammad Raffique Rashid Ali stated that the appeal to strike out the financial sabotage charge will be heard tomorrow.

On April 13, Judicial Commissioner Nordin Hassan allowed a preliminary objection raised by the prosecution that the court had no jurisdiction to assert attorney-general Mohamed Apandi Ali did not have the authority to move the charge against Khairuddin.

The judge said it was the Yang di-Pertuan Agong who appointed the AG, on the advice of the prime minister, as provided for in Article 145 of the federal constitution.

Khairuddin and Chang were charged under Section 124L of sabotaging the financial system of the country by lodging reports in five countries namely Switzerland, United States, United Kingdom, Hong Kong and Singapore.

On Nov 15 last year, Kuala Lumpur High Court judge Justice Azman Husin ruled that the charge under Section 124L does not fall under Sosma and granted them bail of RM10,000 each.

He ruled that financial services does not come within the ambit of Article 149(1) of the Federal Constitution where the Sosma law was enacted by Parliament.

Following the decision, the prosecution filed an appeal.