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1971 MarsdenLR 142

JUDGMENT

Azmi LP: (read by Suffian FJ):

The appellant was convicted by the sessions Court on the following charge:

That you on 7 March 1968, at about 2.30 p.m. at the back lane of Pesiaran Raja Laut, in the District of Kuala Lumpur, in the State of Selangor, being an agent of the Government of the Federation of Malaysia to wit a police constable No. 30015 of the Royal Federation of Malaysia Police Force, did corruptly accept Fifty dollars ($50) cash from one Chang Choon Kwong as a reward for showing favour to the said Chang Choon Kwong in relation to your Principal's Affairs, to wit to have assisted in the release of the said Chang Choon Kwong who was arrested and detained for being suspected of having committed an offence of theft on 18 February 1968 and that you have thereby committed an offence punishable under s. 4(a) of the Prevention of Corruption Act 42 of 1961.

and was sentenced to a fine of $2,500 and in default to two year's imprisonment. He appealed to the High Court and his appeal was dismissed. On his application the High Court reserved the following questions of law under s. 66 of the Courts of Judicature Act, 1964 for the decision of the Federal Court:

(1) Wheth

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