Section 64
of Courts of Judicature Act 1964
Section 64
When any person has been acquitted in a trial before the High Court in the exercise of its original criminal jurisdiction and the Public Prosecutor has, within one month from the date of the acquittal or such further time as the Federal Court my permit, signed and filed with the Registrar of the Federal Court a certificate that the determination of the trial involved a question of law which it is desirable to have determined by the Federal Court, the Federal Court shall review the case or such part of it as may be necessary and shall deliver a declaratory judgment thereon.
(2)
A declaratory judgment of the Federal Court under subsection (1) shall not operate to reverse an order of acquittal, but it shall thereafter be binding upon all other courts in Malaysia in the same manner as an ordinary judgment of the Federal Court.
(3)
The powers conferred upon the Public Prosecutor by this section shall be exercisable by that officer only.