Come Nov 18, former Batu Kawan UMNO vice-chief Datuk Seri Khairuddin Abu Hassan and lawyer Matthias Chang will know whether the charge made against them falls under the Security Offences (Special Measures) Act 2012 (SOSMA).

High Court judge Datuk Mohd Azman Husin said the date was the earliest he could fix as he would be on leave for a week from next week.

The judge also declined to grant an interim bail for Khairuddin and Chang, pending the decision on Nov 18.

Khairuddin's counsel, Mohamed Haniff Khatri Abdulla had requested the court to hear an application for interim bail but it was objected to, by Deputy Public Prosecutor Masri Mohd Daud, saying the court could hear the matter on Nov 18.

"I asked the court to give me at least five minutes to submit an interim bail. My client, Khairuddin, and Chang have been on custodial for six weeks," he said, adding that he did not want to waste the court's time, but at least the court granted the temporary bail for them.

Masri countered that the prosecution had strongly objected to the application for interim bail at this stage, as the court had yet to decide on the charge.

At that juncture, Khairuddin's family members became emotional and began complaining to each other as to why the court refused to hear and allow the interim bail for Khairuddin.

This resulted in the court's police personnel coming to calm the family members, including Khairuddin's wife, actress Datin Seri Umie Aida.

"I request all of you to remain calm, the court is currently in session," said a policeman.

Chang who was seated in the dock, stood up and told the judge that his other cellmate was infected with HIV and tuberculosis (TB) and that he (Chang) had also lost his voice.

"You want me to wait for another two weeks? Does the court want me and Khairuddin to be exposed to HIV and TB? Is this fair for us?" he asked.

He added that he could not stay for another day as his liberty was at stake. To which, Mohd Azman replied: "Mr Chang, the court sympathises with you."

Khairuddin, 53, and Chang, 65, were charged with attempting to sabotage Malaysia's banking and financial services at five locations between June 28 and Aug 26, this year, under Section 124L of the Penal Code read with Section 34 of the same Code, which carries a jail term of up to 15 years upon conviction.

The locations are the office of the France Economic and Financial Crimes Division chief in Paris; Charing Cross Police station, London, United Kingdom; office of the Switzerland Attorney General in Bern; WaiChan police station, Hongkong; and, Cantonment Police Headquarters, Singapore.

The duo filed a motion at the High Court seeking several orders, among others, that the charge against them did not fall under SOSMA and wanted the court to release them on bail.

However, Mohd Azman on Oct 19, had referred their case to the Federal Court to determine the constitutionality of the charge and on Nov 3, the Federal Court remitted the case to the High Court and ordered it to decide on whether the charge made against the duo fell under SOSMA.

A five-member panel of the Federal Court chaired by Chief Justice Tun Arifin Zakaria said the court agreed with the prosecution that the reference of constitutional questions made by the High Court was incompetent because it did not comply with Section 84 of the Courts of Judicature Act 1964.

Arifin also directed the matter to be heard expeditiously since it involved liberty of persons.