Lord Wilberforce (delivering the judgment of the Board):

Their Lordships are of opinion that this petition must be dismissed. They consider that they have no jurisdiction to entertain it or to entertain an appeal. They consider that the effect of the amendment of s. 74 of the Courts of Judicature Act, 1964, which is effected by s. 13 of Act No. A328 of Malaysia, and in particular sub-section (4) of that s. 13, makes it perfectly clear that the amendment in question, which deletes the right of appeal in criminal matters, applies to all cases except those in which an appeal or an application for appeal is pending at the date of coming into force of the section, namely 1 January 1978. It is not possible to say on any view of the matter that there was pending on 1 January 1978, either an appeal or an application for appeal, and therefore their Lordships consider that the right of appeal in this criminal matter to the Yang di-Pertuan Agong is excluded. For this jurisdictional reason their Lordships are unable to entertain the petition.

Petition dismissed.