Deputy public prosecutor Ashrof Adrin Kamarul informed the sessions court the stay was obtained in a lawsuit filed in the High Court by businessman Ling Yang Ching and Wong Ong Hua, who are both wanted by the US government.

The Department of Justice (DoJ) wants Malaysian authorities to extradite them to face charges in the district of Columbia for allegedly running a global hacking operation to steal identities and video game technology, planting ransomware and spying on Hong Kong activists.

Ling and Wong were arrested by Bukit Aman on Sept 14, 2020.

Earlier this year, they succeeded in getting the High Court to declare Sections 4 and 20 of the Extradition Act 1992 unconstitutional on grounds that they violate their fundamental liberties and the judicial powers vested in the courts by the Federal Constitution.

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.

Today, Ashrof informed the sessions court, which is hearing Ling and Wong’s extradition case, the stay order will be in force until the disposal of the government’s appeal to reinstate Sections 4 and 20.

He said the Court of Appeal has fixed May 10 for case management.

Sessions court judge Norina Zainol Abidin then set June 9 for the prosecution to update the progress of their appeal.