(Oct 23): The Federal Court will hear on November 3 the validity of the charge and detention of former Umno leader Datuk Seri Khairuddin Abu Hassan and his lawyer Matthias Chang under a security law for allegedly attempting to sabotage the economy.

Court senior assistant registrar Mohamad Izzudin Mohamad fixed the date after a case management today.

He also ordered counsel for Chang and Khairuddin to submit their written submissions on Monday and the prosecution to file a reply before the matter was heard.

The High Court on Monday referred the matter the apex court under Article 4 of the Federal Constitution as constitutional issues had been raised.

The issue to be raised is whether Section 124L of the Penal Code falls under the Security Offences (Special Measures) Act 2012 (Sosma).

Khairuddin and Chang, who were charged under this section of the Penal Code, are seeking a review of whether their alleged offence can be deemed a security offence.

Their lawyer Mohamed Haniff Khatri Abdulla had submitted that Sosma procedures could not be used for offences under the Penal Code as this violated Article 149 of the constitution, which gives power to Parliament to enact laws restricting a person's fundamental rights if the legislature believes that person is a threat to national security or public order.

The lawyer said the High Court had the power to rule whether his clients should stand trial in the Sessions Court if Section 124L was not a security offence.

Haniff said the judge could also offer bail to the two, pending the outcome of their case.

"Your Lordship has the option to refer the matter to the Federal Court if Section 124L and Sosma violates Article 149," he said.

Khairuddin and Chang appeared before judge Datuk Mohd Azman Husin to review their charge of attempted sabotage of the Malaysian economy, an offence framed under Section 124L of the Penal Code.

They are accused of committing the offence in France, the United Kingdom, Switzerland, Hong Kong and Singapore, between June 28 and August 26 this year.

They are not on bail since their alleged offences are classified as a security offence under Sosma.

The prosecution intends to use procedures under Sosma instead of the Evidence Act to prove its case. – The Malaysian Insider