Judge Abdul Rahman Sebli granted leave to Wong Shee Kai to commence proceedings through a petition to challenge Sections 63 and 64 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act, or Amla.

Both sections deal with individuals who have absconded and cannot be found. In such an event, the court can make an order for the authorities to forfeit their properties.

Wong, believed to be overseas, alleged that both sections violated his fundamental liberties under the Federal Constitution.

In the court’s ruling, made last week, Rahman said Wong’s petition was a “fit and proper case for further argument before the Federal Court”.

However, the court has yet to set a next mention date for his constitutional challenge.

This follows the government’s filing of a bid in the High Court to forfeit 5,792,000 shares in a company, Bright Packaging Industries Bhd, controlled by Wong.

It claimed that the shares were acquired using proceeds from unlawful activities.

The government wanted to treat Wong as an absconded person and urged the court to grant the forfeiture. Wong subsequently filed a challenge in the apex court to question both the Amla provisions.

The Securities Commission (SC) has sought the public’s assistance to look for Wong. It obtained an arrest warrant against Wong on Sept 21 last year for alleged offences under the Capital Markets and Services Act.

The SC claimed that Wong had furnished a false statement to Bursa Malaysia in relation to the RM11.13 million revenue of his other company, Asia Media Group Bhd.

It had secured the arrest warrant after Wong failed to appear before the commission for an investigation.

Wong was represented by lawyers N Nahendran and Ivanpal Singh Grewal while senior federal counsel Suzana Atan and S Narkunavathy appeared for the government.

Ivanpal said the Kuala Lumpur High Court had fixed Jan 17 to hear the forfeiture application.

“We will inform the judge on the Federal Court’s outcome,” he said.