Justice Zaini Mazlan set the date after deputy public prosecutor Ashrof Adrin Kamarul said the prosecution needed time to go through the application filed by Ling Yang Ching and Wong Ong Hua.
The duo were arrested by Bukit Aman on Sept 14, 2020 after the US government applied for their extradition.
The US government wants Ling and Wong to face charges in the district of Columbia for allegedly running a global hacking operation to steal identities and video game technology, plant ransomware and spy on Hong Kong activists.
The extradition proceedings were brought before the sessions court which earlier this year allowed the duo’s application to refer the constitutional questions posed to the High Court.
Zaini was told today that Ling and Wong had also filed a lawsuit in the civil division of the High Court to challenge Sections 4 and 20 of the Extradition Act 1992 also on the basis that it was unconstitutional.
Section 4 deals with the home minister’s power to direct the extradition of a suspect to face criminal charges in a requesting country.
Section 20 says the court must commit the suspect to detention, pending the minister’s order to surrender him.
Ling and Wong claimed Sections 4 and 20 breached several articles under the Federal Constitution that touched on the fundamental liberties of individuals and judicial powers.
Asked by Zaini about the status of the lawsuit, the businessmen’s lawyer, Tey Jun Ren said the government’s attempt to strike it out was rejected by trial judge Wan Ahmad Farid Wan Salleh.
“There has been no appeal (lodged by the government),” he added.
Zaini then asked whether there was a “duplicity in proceedings” as there were two separate proceedings before two different judges pending challenging Sections 4 and 20.
“To my mind it should only be one court (that determines the constitutionality of Sections 4 and 20). Can I transfer a criminal matter to the civil courts?” he asked.
In reply, Tey suggested that it would be possible for the court to make an order for transfer.
The lawyer also said the sessions court, which was scheduled to rule on Ling and Wong’s extradition, has ordered an interim stay of proceedings pending disposal of the High Court’s applications.