Vincent Ng Kim Khoay JC:

This is a matter referred to the High Court by Mr. Karpal Singh for revision under s. 323 of the Criminal Procedure Code on a preliminary issue raised by him in the Magistrates' Court that s. 85 of the Subordinate Courts Act 1948 (s. 85 of the said Act) does not confer upon the First Class Magistrates' Court, jurisdiction to try offences which also provide for a sentence of whipping.

A preliminary issue was raised to the Honourable Magistrate (and was dismissed) that by virtue of the aforesaid, the Honourable Magistrate is not clothed with any jurisdiction to try the learned Counsel's client who was also charged under s. 397 of the Penal Code which provides for whipping.

It was submitted that although s. 87 provides for whipping up to twelve strokes the opening phrase in s. 85 'subject to limitations contained in this Act' meant whipping must first be provided for in s. 85 before the limitation of twelve strokes in s. 87 could arise. It was also submitted that s. 87 purports to extend punishment of whipping to a Magistrates' Court without providing for it in s. 85 . This, it was contended, was clearly illegal. Section 85 of the Act clearly concer