Murray-Aynsley CJ:

The facts in this case are fairly simple and not seriously in dispute. A certain Sulaman bin Haji Hussain wanted to make a statutory declaration.He was directed to the appellant who was a clerk in the Stamp Office.The stamp fee on a declaration would have been $1. It appears from the evidence of Sulaman that the appellant asked for $3. From the evidence of the lift boy it is clear that the appellant was informed that $1 was required for the stamp and $2 for writing out the declaration.The duties of the appellant were confined to selling the stamp.

This came to the knowledge of the authorities and Sulaman was given $3 and again approached the appellant.The appellant drafted the declaration required by Sulaman who then gave the appellant the $3 of which $1 was used for the stamp.The appellant kept the balance.

On the strength of this the appellant was charged under the Prevention of Corruption Ordinance s. 3(a) as follows:

That he on or about 6 July 1949, at the Stamp Office, in the Supreme Court Building, being an Agent, namely a Clerk at the said Stamp Office, and as such an employee of the Government of the Colony of Singapore, corruptly accepted money, namely $2 from one Sulaman bin Haji Hussain, to show favour to the said Sulaman bin Haji Hussain in relation to his principal's affairs, namely to make out a statutory declaration for the said Sulaman bin Haji Hussain, and that he thereby committed an offence punishable under s. 3(a) of the Prevention of Corruption Ordinance (No 41 of 1937).

and in the alternative under s. 161 of the Penal Code:

That he, being a public servant in the Stamp Office, in the Supreme Court Building, accepted from one Sulaman bin Haji Hussain a gratification other than legal remuneration as a reward to show favour to the said Sulaman bin Haji Hussain, in the exercise of his official function, and that he thereby committed an offence punishable under s. 161 of the Penal Code.

At the beginning of the hearing the charges were amended and the following substituted:

That he, on or about 6 July 1949, at or near the Government Stamp Office in the Supreme Court Building, Singapore, being an Agent, namely a GCS Clerk at the said Government Stamp Office, and an employee of the Government of the Colony of Singapore, and as such a person serving under the Crown, corruptly obtained money, namely $2 from one Sulaman bin Haji Hussain as a reward for showing favour to the said Sulaman bin Haji Hussain, in relation to his principal's affairs, such favour being the preparation of a Statutory Declaration for the said Sulaman bin Haji Hussain on a Government typewriter and during his hours of employment with the said Government, and he thereby committed an offence punishable under s. 3 of the Prevention of Corruption Ordinance of 1937.

Alternatively:

That he, on or about 6 July 1949, at or near the Government Stamp Office in the Supreme Court Building, Singapore, being an Agent, namely a GCS Clerk at the said Government Stamp Office, and an employee of the Government of the Colony of Singapore, and as such a person serving under the Crown, corruptly obtained money, namely $2 from one Sulaman bin Haji Hussain, as a reward for doing an act in relation to his principal's affairs, namely the pointing out, to the said Sulaman bin Haji Hussain, of a person in the Stamp Office to whom he advised a Statutory Declaration should be taken for stamping, and that he thereby committed an offence punishable under s. 3 of the Prevention of Corruption Ordinance of 1937.

Alternatively:

That he, on or about 6 July 1949, at or near the Government Stamp Office in the Supreme Court Building, Singapore, being a Government Servant, namely a GCS Clerk in the service of the Government of the Colony of Singapore, obtained from one Sulaman bin Haji Hussain, a gratification other than legal remuneration, namely the sum of $2 as a reward for showing favour to the said Sulaman bin Haji Hussain in exercise of his official