Deputy public prosecutor Mohd Ashrof Adrin Kamarul said sessions court judge Emelia Kaswati Mohamad Khalid gave the Attorney-General’s Chambers (AGC) until March 2 to file its reply.

“We will rebut some facts they raised in their affidavit. The applicants will file their response to us on March 16,” he said.

Perak businessmen Ling Yang Ching and Wong Ong Hua were arrested by Bukit Aman on Sept 14, 2020 after the US government applied to extradite them.

The US government wants them 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.

Ling and Wong filed a bid last month to refer their case to the High Court which, they say, has the power to determine the constitutionality of Sections 4 and 20 of the Extradition Act.

Section 4 deals with the home minister making a direction to extradite a suspect to a country that requests for him to face charges, while Section 20 says the court has to commit the suspect in detention, pending the minister’s order to surrender him.

They allege that both provisions breach several articles under the Federal Constitution that touch on fundamental liberties and judicial powers.

The sessions court had in September last year heard their extradition proceedings but has yet to make a decision.

Besides the bid to move the extradition case before the High Court, Ling and Wong previously commenced a civil suit to challenge Sections 4 and 20.

The government moved to strike out the civil suit, saying the issue of Sections 4 and 20 should be raised during the extradition hearing.