 In 1975, the Agong, who had been granted further legislative powers by the Emergency (Essential Powers) Ordinance, promulgated the Essential (Special Cases) Regulations 1975 (ESCAR).ESCAR provides for special rules governing trials classified as security cases — these rules, among other things, permit witnesses to give evidence "in camera", forbid a jury trial, and mandate the maximum permissible sentence for a crime if the accused is found guilty.Tan was tried under ESCAR, but challenged ESCAR's applicability on the grounds that there was no state of emergency in 1975, when ESCAR was promulgated.