Vincent Ng Kim Khoay JC:

This is an appeal from the decision in the Magistrate's Court, Georgetown, Pulau Pinang in respect of the following charge:

That you on 13 October 1987, did erect a building to wit:

(1) A drinks counter measuring approximately 6' x 15' O" within "Lift Lobby" area at the ground floor of Komtar Multi-Storey Car Park Complex, Penang.

(2) A counter measuring approximately 6' O" x 21' O" at the right side in front of the entrance to "Lift Lobby" area the ground floor of Komtar Multi-Storey Car Park Complex, Penang

without the prior written permission of the Majlis Perbandaran Pulau Pinang in contravention of s. 70 (1) of the Street, Drainage & Building Act 1974 and you have thereby committed an offence punishable under s. 70 (13) (c) of the said Act .

The appellant was convicted of the said charges and fined RM3,000 and the said two structures in question were ordered to be demolished within one year. The sole ground of appeal by the appellant is that the learned trial Magistrate ought to have held that the charge against the petitioner under s. 70 of the Street, Drainage & Building Act 1974 ("the Act") is bad in law and should have dismissed and a