Murray-Aynsley CJ:

This is a short point raising the question of what is meant by the words "served on" in s. 32(b) of the Road Traffic Ordinance, 1941.By this section persons prosecuted for offences under certain parts of the Ordinance have a privilege denied to other accused persons in that it is necessary to serve a summons within 14 days or within the same period, with certain exceptions, to serve or send by registered post a notice giving particulars of the agency for which the person concerned is to be prosecuted.

In the present case the person charged was a member of the armed forces and the notice was sent by registered post to an officer of the RAF Police an handed to the defendant personally by a corporal of the RAF Police.This seems to be the practice adopted by the Police and the authorities of the RAF.

Unless any special form of service is required think that this would undoubtedly be good service.Primarily service means handing a document to the person concerned and unless the law requires that it must be served by some special person it can be done by any agent, as is usually the case in England.

The Criminal Procedure Code s. 42 requires that a summons must normally be served by police officer, that is a member of the civil Police.But this is not a summons and I think s. 42 has no application.

I consider that the notice was properly served and that the preliminary objection should have been over ruled.The case is remitted to the Court below to be heard on its merits.

Order accordingly.