Begitu juga dalam kes: Timbalan Menteri Keselamatan Dalam Negeri & Ors v Ong Beng Chuan (2006) 4 CLJ 763 , Mahkamah memutuskan bahawa: “A right to judicial review when there is a breach of a procedural requirement in the making of a detention order under the Act was considered by this court in Muhammad Jailani Kasim v. Timbalan Menteri Dalam Negeri, Malaysia & Ors [2006] 4 CLJ 687 (FC) in the following words: 14 The effect of a breach of such procedural requirements had been considered in a number of cases. See, for example, Puvaneswaran v. Menteri Hal Ehwal Dalam Negeri Malaysia & Anor [1991] 3 CLJ 649 (Rep);[1991] 2 CLJ 1199; [1991] 3 MLJ 28; Low Teng Hai v. Menteri Dalam Negeri, Malaysia & Others [1992] 2 CLJ (Rep) 816 and Aw Ngoh Leang v. Inspector General of Police [1993] 1 CLJ 373; [1993] 1 MLJ 65. It has been recognised in these cases that a procedural requirement may be mandatory or directory. A mandatory requirement is one that goes to the root of the matter and is of direct relecanve to the detention order. The breach of a mandatory requirement will render the detention order invalid without the need to establish any prejudice. The breach of a procedural requirement which is directory will not be significant provided that there is substantial compliance with the rules with no prejudice having been suffered by the detainee. However it must be observed that the power of the Court to interview is limited to only matters of compliance with procedural requirements by section 11C(1) of the Act which reads as follows: 15 There shall be no judicial review in any court of, and no court shall have or exercise any jurisdiction in respect of, any act done or decision made by the Yang di-Pertuan Agong or the Minister in the exercise of their discretionary power in accordance with this Act. save in regard to any question on compliance with any procedural requirement in this Act governing such act or decision. It is clear that the section restricts judicial review to only questions on compliance with any procedural requirement governing any act done or decision made by the Yang di Pertuan Agong or thr Minister in the exercise of their discretionary power, Such procedural requirements can only be ones that will go to the root of the matter and be of direct relevance to the making of the detention order. The section only refers to a question of compliance with procedural requirements without subjecting it to any prejudice having been suffered. The test, therefore, in determining whether a breach can bed subjected to judicial review is whether it is in compliance with any procedural requirement governing any act done of decision made by the Yang-di Pertuan Agong or the Minister in the exercise of their discretionary power in accordance with the Act 16 without the need to establish any prejudice. Such a determination will be greatly facilitated, though not decisively, by a consideration of the effect of the statutory provison that has been breached, that is to say, whether it is mandatory or delivery in nature. [7] It must be observed that the significant parts of r. 3(2), (3) and (4) are a reminder to the detainee of the right to make representation and the receipt and forwarding of Form 1 to the Secretary of the Advisory Board. Non-compliance with these aspects of the rules will affect the right of representation of the detainee. Thus any breach in the matters to be communicated to the detainee will affect the hearing before the advisory board. This will in turn have a direct bearing on the recommendation to be made to the Yang di-Pertuan Agong by the advisory board. Thus it can only mean that the more crucial aspect of r. 3(2), (3) and (4) is the performance of the duties required by the rules. That, however, cannot be said of the person who is required to communicate the information to the detainee. The fact that it has been done by a person who is not the officer in charge will have no bearing on the conduct of the hearing by the advisory board. In this regard reference may be made to Howard v. Bodington [1976] 2 PD 203 , Lord Pensance said at p 211 : 17 There may be many provisions in Acts of Parliament which although they are not strictly obeyed, yet do not appear to the Court to be of that material importance to the subject-matter to which they refer, as that the legislature could have intended that the non-observance of them should be followed by a total failure of the whole proceedings. On the other hand, there are some proviond in respect of which the Court would take an opposite vie, and would feel that they are matters which must be strictly obeyed, the whole proceedings that subsequently follow must come to an end. In District Board Kheri v. Abdul Majid Khan AIR [1930] Oudh 434 it was held that where the prescription of an Act relates to the performance of a duty by a public officer the breach of such prescription when it does not cause any real injustice does not invalidate the act done under the Act and therefore such prescriptions are merely directory. This is particularly so in this case as there is no requirement that the communication must be made by the officer in charge personally. After all s. 9(2) of the Act only provides that for the purpose of enabling a person to make representation he shall be informed of that right. It does not say that the communication must be made by any specified officer. It follows that the fact that the requirements of r. 3(2), (3) and (4) were 18 performed by a person who is not the officer in charge does not invalidate the act done. [8] Thus the fact that the duties specified in r. 3(2), (3) and (4) have not been carried out by the officer in charge, though a breach, does not affect the hearing before the advisory board and, consequently, is not one that will govern the exercise of discretion by the Yang di - Pertuan Agong in making a decision on the recommendation of the advisory board. It is therefore not one that is subject to judicial review within the meaning of s. 11C of the Act.”