PUTRAJAYA: The Federal Court this morning granted leave to Kajang municipal councillor Tan Boon Wah to challenge two questions of law in the ruling by the Court of Appeal on his challenge to the Malaysian Anti-Corruption Commission (MACC).

Judge Tan Sri Alaudin Shariff granted leave to Tan's questions related to Section 30 (3)(a) of the MACC Act 2009, related to MACC's interrogation hours.

On Dec 22 last year, Tan, 39, filed for leave against the Court of Appeal’s ruling that the MACC can interrogate witnesses after office hours.

However, the Federal Court wants to see the grounds of the Appeal Court judgment before it sets the date for the appeal.

Alaudin sat with Datuk Mohd Ghazali Yusoff and Datuk Heliliah Yusof. MACC lawyer Amarjeet Singh did not object. Tan’s lawyer Karpal Singh said the case should have been heard today but as there is no written judgment from the Court of Appeal, it will have to be heard at a later date.

“Now that leave has been granted, we hope we can get on with the case as quickly as possible. These are important questions in law, which will be heard for the first time in the Federal Court.”

Tan filed his appeal after the Court of Appeal overturned the High Court decision that the MACC cannot interrogate witnesses after office hours.

He had raised five questions of law to be determined by the Federal Court, including whether the phrase 'day-to-day' under section 30(3)(a) of the MACC Act 2009 encompasses only office hours or a continuous period of 24 hours.

Tan won his suit against MACC chief commissioner Datuk Seri Ahmad Said Hamdan, MACC assistant superintendent Mohammad Hassan Zulkifli and the MACC in the High Court on Nov 19.

In his suit, he questioned his detention of 16 hours overnight by the MACC which he claimed was unlawful and had resulted in losses and damages.