SUNG TIAK KENG v 1. ) Pendakwa Raya [Suruhanjaya Syarikat Malaysia (SSM)] 2. ) PEGUAM NEGARA MALAYSIA 3. ) SIANG TIAK HOCK 4. ) KOH KIM HO
Catchwords
Administrative Law — Judicial Review — Leave application — Challenge to prosecutorial decision — Whether applicant crossed threshold for leave — Order 53 Rules of Court 2012 Administrative Law — Judicial Review — Locus standi — Requirement that applicant be “adversely affected” — Complainant in criminal proceedings seeking to challenge discontinuance of prosecution — Whether complainant possessed sufficient standing — Order 53 r 2(4) Rules of Court 2012 Administrative Law — Judicial Review — Limitation period — Application to be filed within three months of decision — Failure to file within prescribed period — Absence of application for extension of time — Whether leave application incompetent — Order 53 r 3(6) Rules of Court 2012 Administrative Law — Judicial Review — Proper respondent — Requirement that judicial review be directed against actual decision-maker — Failure to cite prosecutorial decision-maker responsible for impugned decision — Whether application fatally defective Constitutional Law — Public Prosecutor — Prosecutorial discretion — Power to institute, conduct or discontinue criminal proceedings — Federal Constitution art 145(3) Constitutional Law — Prosecutorial discretion — Judicial review — Scope of review — Presumption of legality — Requirement of compelling prima facie evidence — Sundra Rajoo a/l Nadarajah v Menteri Luar Negeri, Malaysia & Ors [2021] 5 MLJ 209 Administrative Law — Judicial review of prosecutorial discretion — Distinction between challenge to legality and disagreement with exercise of discretion — Court not entitled to substitute its view for that of prosecutorial authority Administrative Law — Judicial Review — Leave stage — Court confined to threshold inquiry — Whether applicant established compelling prima facie evidence of illegality, irrationality, procedural impropriety or mala fides
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Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (ma-25-9-10-2025)