Unlawful detention: Court to calculate damages authorities must pay to S'porean

The Kuala Lumpur High Court will calculate how much compensation Malaysian immigration authorities must pay to a senior Singaporean citizen over a 13-day unlawful detention in 2018.

Wong Chun Khuen filed the originating summons (OS) last month for damage assessment, following an earlier civil court ruling that his detention was illegal.

The 66-year-old retired senior engineer’s counsel Arun Kasi confirmed that they are seeking the civil court’s determination of the quantum that Malaysian immigration must pay.

“My (law) firm, representing Wong, filed the OS at the Kuala Lumpur High Court on Oct 4, against the immigration director-general for damages following the immigration’s detention of my client.

“(My client’s detention) was already declared illegal in a previous claim (action) and that was affirmed by the Court of Appeal.

“The (High) Court today has directed for filing of further papers,” Arun told Malaysiakini.

Breach of fundamental right

In a damage assessment hearing, the defendant has the opportunity to argue against the quantum sought by the plaintiff.

Back on May 5, 2021, the High Court declared as illegal Wong’s detention by the Johor Immigration Department, which was from March 14 to 26, 2018.

According to court documents, Wong should have been legally brought before a magistrate by March 13, 2018, as Article 5(4) of the Federal Constitution states that a foreigner-detainee, detained under immigration laws, should be produced before a magistrate within 14 days of arrest.

The civil court disagreed with the Immigration Department’s claim that Wong was produced before a magistrate in Johor Bahru on March 12 and again on March 26, 2018.

The High Court found there had been a breach of Wong’s fundamental right, under Article 5(4), to be produced before a magistrate within 14 days of arrest.

Wong was only brought before the magistrate on March 26, 2018. He was released after the detention period.

Chronology of events

According to the suit’s supporting affidavit, immigration officers raided Wong’s house in Johor Bahru around 11.05pm on Feb 28, 2018.

The officers then arrested him and a few other foreigners in the house. He was brought to the Setia Tropika detention centre on March 1, 2018, and two days later moved to the Pekan Nanas Immigration Centre.

Wong was then 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. He was fined RM30,000, which he paid and was released.

“Since the date of arrest on Feb 28, 2018, until before March 26, 2018 (a period of 29 days), I was never produced before a magistrate, but produced only on March 26, 2018,” he contended through the affidavit.

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