Immigration ordered to pay RM50k to S'porean over unlawful detention

A retired Singaporean engineer is set to walk away with RM50,000 courtesy of the Malaysian Immigration Department over his eight-day unlawful detention four years ago.

The Kuala Lumpur High Court this morning ordered the country’s immigration authorities to compensate Wong Chun Khuen over his detention by Johor immigration in 2018.

The 64-year-old’s counsel Arun Kasi confirmed the outcome when contacted by Malaysiakini.

Judge Amarjeet Singh assessed and awarded RM50,000 in damages and RM5,000 in costs to Wong, the lawyer said.

When contacted, immigration’s legal representative, federal counsel Sallehuddin Md Ali, also confirmed the outcome of today’s damage-assessment proceeding.

“Damages were awarded at RM50,000 with five percent interest payable from the date of judgment until settlement, as well as costs of RM5,000 (to be payable by the Immigration Department to Wong),” Sallehuddin said.

He added that the authorities are not appealing an earlier court decision on Sept 12, which ruled in favour of Wong in the legal action.

The damage assessment followed on the heels of the Sept 12 decision.

On that day, the High Court allowed Wong’s lawsuit against the Immigration Department director-general, granting a declaration that he was unlawfully detained over the 8-day period from March 28 to April 4, 2018.

First victory on May 5 last year

This was the second court victory for the father-of-one in his legal challenge against the detention by the Johor Immigration Department in 2018.

The first victory was on May 5 last year, when the Kuala Lumpur High Court declared that Wong’s detention by the department from March 14 to 26, 2018, was illegal as the court found that Wong was not produced before a magistrate within 14 days of his arrest.

He was arrested by immigration officers along with a few other foreigners during a raid on his house in Johor Bahru at about 11.05pm on Feb 28, 2018.

After the arrest, Wong was detained at the Pekan Nanas Immigration Detention Centre. He was only produced before a magistrate on March 26 of the same year, whereby he pleaded guilty to an immigration offence under Section 55E of the Immigration Act for harbouring undocumented immigrants. He was fined RM30,000.

However, he was not released immediately after he paid the fine. In fact, Wong was detained for another eight days at the Kluang Prison, and then at the Pekan Nanas Immigration depot before he was released on April 4, 2018.

Wong filed the second civil action on Jan 27 this year, seeking a declaratory order that Malaysian Immigration authorities have unlawfully detained him from March 28 to April 4 in 2018.

Second victory for S'porean in unlawful detention challenge

'Can't stop locals going to Cambodia, be wary of high salary offers'

Five weeks in jail - Retired engineer vows to keep fighting for justice

'I would have died in that inhumane place' - Singaporean's ordeal

Singapore cops issue warning against LFL for 'contempt of court'

Retired Singaporean allowed to challenge 'unlawful' detention by immigration

Border reopens reunites families, boosts tourism industry

Singaporean's detention by M'sian authorities was illegal, court decides

Pregnant foreign wife turned away at M'sian border