Public Prosecutor v Oie Hee Koi

Subject Matter

INTERNATIONAL LAW — War — Prisoners of war — Geneva Convention — Whether nationals of detaining power protected — Whether protection given to non-nationals owing allegiance to detaining power — Provisional protection when “a doubt arises” as to status — Extent — Whether for accused to raise doubt — Inquiry into status not precluded by absence of notice to protecting power — Point not taken at trial — Whether subsequent conviction a mistrial — Members of regular forces fighting in enemy territory — Whether “any person” subject to domestic security legislation — Consent of public prosecutor to prosecution — Whether implied in prosecution — Malaysia — Internal Security Act, 1960 (Malaya), No 18 of 1960, ss 57 (1), 58 (1), 80 — Geneva Conventions Act, 1962 (Malaya), No 5 of 1962, ss 2, 4 (1), Sch 3, arts 4A, 5

[1968] AC 829; [1968] 2 WLR 715

INTERNATIONAL LAW — Malaysia — International law — Geneva Convention — Members of armed force under Indonesian command captured in Malaya — Chinese Malaya either born or settled in Malaysia — No evidence of nationality — Whether “protected prisoners of war” — Whether a “doubt arises” as to status — Whether inquiry into status without notice to protecting power precluded — Charges of carrying firearms in security area — Consorting with Indonesian forces in security area — Members of regular forces fighting in enemy territory — Whether subject to domestic security legislation — “Any person” — Hand grenade — Whether misdescribed as ammunition — Consent of Public Prosecutor to prosecution — Whether implied in prosecution — Internal Security Act, 1960 (Malaya), ss 57 (1), 58 (1), 80 — Geneva Conventions Act, 1962 (Malaya), ss 2, 4 (1), Sch 3, arts 4A, 5

[1968] AC 829; [1968] 2 WLR 715