Tee Ah Sing J:

In this appeal the respondents were charged with three charges namely:

(1) For an offence punishable under s. 58 of the Local Authority Ordinance.

(2) For an offence punishable under By-Law 9 of the Sarikei District Council (Hawking) By-Laws.

(3) For an offence punishable under By-Law 3(1)(d) of the Sarikei District Council (Anti-Litter) By-Laws 1983.

On 1 October 1996 when this appeal came up for hearing, Mr. Awang Armadajaya, DPP informed the court that the Public Prosecutor is not a party and therefore will not be making any submissions.The learned DPP also told the court that there is no written permission for Dr. Chew Peng Hui to appear on behalf of the Public Prosecutor.

Dr. Chew Peng Hui, learned counsel for the appellant submitted that there are actually three matters before the court.First, there is the appeal proper.Secondly there is the preliminary objection by the respondents to the appeal.Thirdly there is the application by the appellant made under s. 310 of the Criminal Procedure Code ('the CPC') .

The application under s. 310 of the CPC is only relevant if the preliminary objection is held against him and his application under s. 310 is unsucc