KUALA LUMPUR (Jan 26): A businessman and computer analyst wanted by the US Department of Justice (DOJ) in connection with money laundering and cybercrime cases in the country have succeeded in challenging the provisions in the Extradition Act 1992.

This follows High Court Judge Datuk Wan Ahmad Farid Wan Salleh allowing the initial suit by Wong Ong Hua and Ling Yang Ching to be filed against the public prosecutor, the Minister of Home Affairs, the Ministry of Home Affairs, the Malaysian Government and the US Government.

Wan Ahmad Farid in his judgment said Sections 4 and 20 of the Extradition Act 1992 were unconstitutional, null, void, and of no effect as they are in contravention of Article 121(1) of the Federal Constitution.

"The sections contravene Article 4(1), which touches on the Supreme law of the Federation, Article 5(1) and 5(2) (personal liberty) and Article 8(1) and 8(2) (equality) of the Federal Constitution.

"The sections are also found to be in conflict with Article 9(1) and 9(2) (right to freedom of movement) and Article 121(1), which touches on judicial power," he said while delivering the decision online.

The proceedings were attended by senior federal attorney Shamsul Bolhassan, who is representing the public prosecutor, the Minister of Home Affairs and the Malaysian Government, while counsels Datuk Malik Imtiaz Sarwar, Tey Jun Ren and Khoo Suk Chyi represented both plaintiffs.

Meanwhile, Tey, when contacted, said the mention of the case for the extradition application against the two men in the Sessions Court here is set for Feb 10.

The two plaintiffs had filed the suit on Sept 14, 2021.

On Sept 15, 2021, the duo sought to stay their extradition proceedings in the Sessions Court here, pending disposal of the lawsuit.