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The Malaysia Federal Constitution Article 8 (1) enshrines the following: “All persons are equal before the law and entitled to the equal protection of the law.”

Is this law that is stated in Malaysia Federal Constitution Article 8 (1) true or is it false?

The context

When I was arrested on 28.2.2018, I was detained continuously up to the 26.3.2018. On the morning of this date, I was brought before a magistrate in an immigration court to either plead guilty or not to plead guilty to the charge that was read out. (All the case-related details are found in KL High Court document and the Appeal Court document).

6 illegals out of 11 foreigners arrested were found on my property. What was never mentioned of significant importance was the fact that an immigration officer was cohabiting together with his married girlfriend on my property. He was stopped from entering my property on 15.1.2018 and his married girlfriend was evicted on 31.1.2018. A copy of his immigration ID is attached.

On the morning of 26.3.2018 after 26 days detention, I was brought together with about thirty others before the magistrate in the Immigration Special Court within the security controlled Pekan Nenas Immigration Detention Depot to face a charge under section 55(E)(1) of the Immigration Act. Section 55(E)(1) is as follows: “No occupier shall permit any illegal immigrant to enter or remain at any premises”.

During this immigration court proceeding, apart from a charge sheet as shown on exhibit W-1 that was read out to me, there was no evidence tendered for this charge. You can read about the court proceeding in this immigration court on this morning. After the charge was read out, the magistrate asked me whether I plead guilty or plead not guilty.

I can plead not guilty, and the Immigration Authorities of Malaysia officers will take me back to the big cell and continued to lock me for as long as possible to force me to capitulate and admit to the charge. The reason is that I am a foreigner, and no one can challenge the power of immigration officers. This is now 100% proven in the KL High Court to be the case. Even with a court discharge order, they adamantly won’t let me go free and very confident that no one is able to intervene. If this is not vicious enough, i.e. immigration officers playing Russian roulette with my life, what is?

Or I can plead guilty, received the sentence and moved along as there is a long queue of offenders waiting for their turn to plead guilty on that morning.

On hindsight, my guilty plea saved my life

On hindsight now, I know that I had made the right decision to plead guilty. If I did not plead guilty, it means I would be detained for weeks and months inside Pekan Nenas Depot, I would have died from my heart attack inside. I witnessed another detainee died during my detention. Detainees in this depot is cruelly and inhumanely treated in terrible unhygienic conditions where detainees died during detention and disease spreads amongst detainees.

On 4.5.2021, for the high court proceeding for Saman Pemula No. WA-24-5-01/2020 case, the judge had declared that I was NOT PRODUCED before a Magistrate on the 12.3.2018 for a remand order to allow the Immigration Authority of Malaysia to detain me. This is based on the exhibit W-2 submitted in my affidavit in support (AIS). The best part is that this exhibit W-2 is the same as exhibit HB-1 that was submitted by immigration officer, HBB in her affidavit in further opposition (FAIO). This affidavit (FAIO) was submitted in an earlier proceeding for Permohonan Jenayah No WA-44-178-07/2019 case. See the copy of immigration officer’s exhibit HB-1 and the same exhibit HB-1 became my exhibit W-2 below. Clearly, this is a miracle from God. Instead of a Red Sea dead end after the last high court case, now a path has opened up in front of me to cross this Red Sea just like Moses parted the Red Sea moment.

Hence it is an illegal, unlawful and unconstitutional detention from 13.3.2018 to 26.3.2018. Following, the Malaysian Government AGC appealed against this court order.

On the 31.10.2022, the Appeal Court of three judges unanimously ordered that the Malaysian Government AGC’s appeal to be dismissed and costs of RM10,000 to be paid to me. A copy of the Appeal Court order is attached.

One high court judge and three appeal court judges had declared that my 13 days detention from 13.3.2018 to 26.3.2018 is illegal, unlawful and unconstitutional. Who are the perpetrators of this crime?

Criminal Offence #1

This illegal, unlawful and unconstitutional detention is clearly a criminal act under the Malaysia Penal code Act 574 section 344.

S 344 states as follows: Whoever wrongfully confines any person for ten days or more, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

I lodged a police report, L/20211208/2005 against the perpetrators of this crime on 8.12.2021. This police report was lodged in accordance with the express instruction stated in email dated 6.12.2021 from the High Commission of Malaysia in Singapore. After lodging the police reports, it was acknowledged receipt of police reports by the High Commission of Malaysia via email dated 24.3.2022.

On 21.3.2022, my lawyer enquired about the status of the police reports via email. In response, the Royal Malaysia Police sent an email dated 28.4.2022 to my Malaysian lawyer requiring the following, “We have referred your matter to Legal & Prosecution Division, Criminal Investigation Department, Royal Malaysia Police and they notify us to advice that since you are acting for your client Mr. WCK who is in Singapore and the incident reported by him took place in Johor, Malaysia kindly lodge any official police report in Malaysia on behalf of your client by providing all supporting documents regarding his complaint for our police to take further necessary action.”

My lawyer replied in an email dated 28.4.2022 as follows: “However, I feel that there must be a mechanism for an aggrieved person overseas to lodge a complaint, and I much feel that the mechanism must be that the aggrieved person must be that he lodges a complaint in the consular office of Malaysia which should forward it to you for your action. But if there is any other mechanism for an aggrieved person, please let me know so that I can convey the same to my client. You will appreciate that, indeed a complaint, to carry due weight, must be lodged by someone who has the personal knowledge of the matters. I will look forward to hearing the mechanism of my client lodging a complaint from Singapore.”

Though the new requirement given by the Royal Malaysia Police contradicts the ACP, High Commission of Malaysia, it must be clear that for me to meet this requirement, i.e. to lodge a police report on Malaysia soil, the Malaysian Government must grant me an immigration pass to enter Malaysia for this purpose. BUT the Royal Malaysia Police chooses to ignore the issue.

2nd Response from PDRM

Subsequently, instead of upholding all fairness and equality of justice, the Royal Malaysia Police sent an official letter on the 27.5.2022. A copy of letter, written in Malay, is attached.

An English translation of this letter is as below, quote:

Paragraph 4 – “As the results of the investigation and charges have been obtained from the sitting Court, it is hereby informed that the complaint of your client is outside the jurisdiction of the PDRM”.

Paragraph 5 – “The PDRM would like to recommend that you keep in touch with the Malaysian Immigration Department (JIM) or the Ministry of Home Affairs (KDN) as the ministry is responsible for voicing the complaint to enable the investigation to be carried out by the relevant parties”.
Paragraph 6 – “We would also like to emphasize that no follow-up action will be taken by the PDRM in relation to this matter in the future“.

Malaysian lawyer’s response to PDRM

My Malaysian lawyer was instructed to dispute the letter and replied in an email dated 30.5.2022 as follows: “I trust that, with the High Court declaration, there is ample material to justify the investigation of and appropriate action on the complaint of illegal detention for the last 13 days. It will not make sense for my client to go to immigration to make a complaint against the immigration officers. I am of the view that the illegal detention of a person (beyond that allowed by the law) is an offence that falls within the scope of PDRM. My client will expect that you will promptly take due action”. A copy of email is attached.

Is the Royal Malaysia Police’s reply and action upholding or acting in defiance of the Malaysian FC Article 8(1)?

Criminal Offence #2

Now moving on to the next offence, Police Report L/20211208/2001.

If what the purported offence that the Immigration Authority of Malaysia charged me with is true, the Immigration Authority of Malaysia should have released me immediately after my case was settled and a court discharge order was granted on the 26.3.2018? I hold a valid MM2H visa, a Malaysian residence address and a valid Singapore passport. There is no valid legal reason for not releasing me to road.

The truth is that these immigration officers named in the police report have been detaining me unlawfully and at their whims and fancies for corrupt motives.

On 12.9.2022, the KL High Court declared that this additional 8 days of detention from 27.3.2018 to 3.4.2018 was illegal, unlawful and unconstitutional as well. A copy of this KL High Court Order for Saman Pemula No. WA-24-16-04/2022 is attached.

The Immigration Authority of Malaysia must explain why their immigration officer upon sighting the court’s discharge order issue for my release still continues to detain me illegally. Not only did they detain me illegally, but they also subject my detention according to their whims and fancies. Why according to their whims and fancies? Because it was upon the intervention by the Attaché from the Singapore Consular, on behalf of the Singapore Government. This intervention for help was requested by my daughter. This is the arrogance of immigration officers at Setia Tropika Immigration HQ with no regards to the rule of law. It was with this intervention by the Singapore Government that I was finally release and return back to Singapore on the 4.4.2018. What a shameful behavior and disgrace to law enforcement officers in uniform.

For this illegal detention, in the KL High Court, a senior Immigration officer, Ms NBJ claimed that she had issued an Order of Removal on me which was given to another Immigration officer, MHBI on the same day. MHBI claimed that he had served it on me on 27.3.2018 while I was in Kluang prison. MHBI claimed that he had served this Order of Removal and also an Order of Detention on 27.3.2018.

MHBI claimed in para 6(a) and 6(b) in his affidavit the following: “Plaintiff has acknowledge receipt of the Order for Removal and Detention Order by putting down his thumbprint on the said Orders.”

At the same time, NBJ claimed in para 7(a) in her affidavit the following: “On 27.3.2018, I have issued the Order for Removal against the Plaintiff under s 56(2) Immigration Act wherein the Plaintiff is ordered to removeof Remod from Malaysia and I have issued the Detention Order against the Plaintiff under s 34(1) Immigration Act wherein the Plaintiff is ordered to be detained for the purpose of removal from Malaysia.”

With regards to their claims, the following are a number of discrepancies and questions that need their answers:

#1 – By what legal authority and applicable law that allowed the Immigration Department of Malaysia to issue an Order of Removal to me when I have all the valid entry, valid stay and immigration documentation?

#2 – Why issued an Order of Detention to me when I committed no new offences?

#3 – MHBI claimed both orders were thumbprinted by me but only the Order of Detention has a thumbprint?

#4 – I am an educated man and sign all the documents and never used my thumbprint on any documents.

#5 – How could an immigration officer served these orders on me when I am in Kluang Prison and not at Pekan Nenas Immigration Depot on 27.3.2018.

In summary, I have never seen both these orders and did I acknowledge such orders. It is a false claim as seen from the five discrepancies and the likelihood that such orders were “manufactured” and falsified orders. In fact, on the Order of Removal there was a striking out and insert my body number 876 to replace a strike-out body number. There was no authorization and sign-off by a higher authority on the changes. This usually is a sign of “tampering” and falsifying of document and is the third occurrences so far.

According to Malaysia Penal code Act 574, there is a specific section 220 that states this is a criminal offence.

S. 220 as follows: Whoever, being in any office which gives him legal authority to commit persons for trial or to confinement, or to keep persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the exercise of that authority, knowing that in so doing he is acting contrary to law, shall be punished with imprisonment for a term which may extend to seven years or with fine or with both.

Criminal Offence #3

This alleged 3rd offence as reported in Police Report L/20211208/2011 and in conjunction with Police Report L/20211208/2013 due to the length of report.

The use of a “manufactured” unsigned remand order document as exhibits and potential lying in sworn court affidavit by the immigration investigating officer.

In the words of her Lordship in her written judgment para 29, “it is of the considered view that the Plaintiff’s deposition that he was not produced before any magistrate on 12.3.2018 is substantiated by the fact that there are two remand orders which have not been explained off by the Defendant”, meaning that one remand order is authentic, and the other remand order is “manufactured”.

He also lied in his affidavit with the allegation that I was brought before a magistrate on the 12.3.2018 when he knew that it was not so and supported his false allegation with a “manufactured” unsigned remand order.

The same Defendant had also successfully lied in his affidavit earlier to the high court in the ‘Motion of Revision’ application. This lie was believed by the high court judge who then entered this falsehood into his written judgment dated 21.2.2020 in para 38 – “… but also to the Magistrate during remand proceeding…” and para 55 – “The Applicant before me in this case not only did not raise complaints while in remand with the deport authorities, or to the investigating officer or to the Magistrate who had ordered remand …”.

Criminal Offence #4

This alleged 4^th offence is as reported in Police Report L/20211208/2016.

Not only was the immigration investigation officer lied as alleged in complaint #3, the camp commandant of Pekan Nenas Immigration Depot also lied in her sworn affidavit (FAIO) to the high court in the ‘Motion of Revision’ application. She also submitted a “tampered” evidence as exhibit HB-1 to support her claim that I was produced before a magistrate within 14 days on the 12.3.2018. The exhibit HB-1 was identified by transmission machine as a set of 3-pages document. She “tampered” the evidence by removing the page 3 and only submitted an exhibit HB-1 showing page 1 and page 2 while page 3 is missing.

During the court hearing, the printed copy of this exhibit HB-1 then included page 3, turned up at the court hearing and distributed to my lawyer. This page 3 evidence eventually unravel all the lies and the falsehoods perpetuated by immigration officers named in police reports.

Similarly, to offence #3, the camp commandant’s lie was believed by the high court judge, MNBMG who then entered this falsehood into his written judgment, para 38 and par 55 (same as above).

The price of not giving a single ringgit in bribes and maintaining my integrity

My “Make Malaysia My Second Home” visa was revoked on the 4.4.2018 and the Immigration officer put a stamp “blacklisted for life” on my passport. At the same time, another immigration officer in the same office offered me a contact number of someone who can removed the blacklist for RM10,000. I called the HP number, and the record of that call is still in my phone log record.

The price of not giving even a single ringgit in bribe: My Malaysian properties investment linked to MM2H is inaccessible ever since till today and incurring losses. How naive I was then when under the MM2H program. I was also subjected to LHDN illegally overtaxing me beyond the law on taxes on my disposed properties.

In view of established facts from high court order and appeal court order, the Royal Malaysia Police in not conducting an investigation into these criminal acts can only mean that the Malaysian Government condones all these criminal activities.

If the above 4 police reports are not being investigated, how can anyone believed that there is equal justice in Malaysia as enshrined in the FC?

On the 8.12.2022, it is the one-year anniversary of the police reports and no police action whatsoever.

In ending, all I can say is this: Where is justice if Article 8(1) is true?