Court to decide on lawyer's appeal against departure levy appeal on March 14

Justice Datuk Yaacob Md Sam, chairing a three-member panel, said today that they needed more time to deliberate on the issues submitted by parties in the appeal.

The panel, which included Court of Appeal judge Datuk Nazlan Mohd Ghazali and High Court judge Datuk Azman Abdullah, heard submissions from R. Kengadharan's lawyer Datuk Seri Gopal Sri Ram and senior federal counsel Suzana Atan, who was representing the Finance Minister and the government.

Kengadharan is appealing against the Feb 27, 2020 High Court decision to dismiss his suit.

In his suit, he is seeking a declaration that the Departure Levy Act 2019 and the Departure Levy Order 2019 breached Article 5 (1) of the Federal Constitution and cannot be enforced as the provisions breached his fundamental right to travel.

The departure levy was imposed by the then Pakatan Harapan government.

Then High Court judge Datuk Seri Mariana Yahya (now Court of Appeal judge) held that she was bound by the Federal Court decisions in the cases of former Damansara Member of Parliament Tony Pua and Loh Wai Kong where the court ruled that the right to travel abroad was not an absolute right.

In today's online proceedings, Sri Ram argued that the imposition of a departure levy on everyone leaving the country was discriminatory, adding that the right to travel abroad was a fundamental right.

He said the provisions were unconstitutional because his client's right to travel abroad had been violated by the imposition of the levy.

Suzana submitted that the Departure Levy Act was validly enacted in accordance with Article 96 of the Federal Constitution.

She said the High Court had also held that the right to travel abroad was not an absolute right.