Eulogy: Tan Sri Chong Siew Fai

Former Chief Judge of Sabah and Sarawak, Tan Sri Chong Siew Fai, passed away yesterday. May God bless his soul.

One of the landmark case adjudicated by the late Tan Sri Chong Siaw Fai was Mohd Hassan v Public Prosecutor [1998] 2 MLJ 273

He had basically fortified the rule against double presumption under Dangerous Drugs Act. This legal argument is still good law and has indeed save many lives from the gallows.

Sitting at the Federal Court, he said:
"to come to the presumptions of possession and knowledge under section 37(d) of the Act, one need only to arrive at a finding of having had “in custody or under … control anything whatsoever containing” the drug whereas to arrive at the presumption of ‘trafficking’ under section 37(da), a finding of being “in possession” of the drug is necessary. It would therefore be unduly harsh and oppressive to construe the automatic application of presumption upon presumption. "

His opinion was reaffirmed in the five man Bench in Tunde Aptira & Ors v Public Prosecutor (2001) 1 MLJ 259 and seven man Bench in Tan Tatt Eek v Public Prosecutor.