Ong CJ (Malaya):

Under s. 66 of the Courts of Judicature Act 1966 the questions referred for the decision of this Court are as follows:-

(a) Whether a Magistrate in a summary trial is authorised by the provisions of s. 173(g) of the Criminal Procedure Code (FMS Cap. 6) to rule that a charge is groundless (for reasons to be recorded) at any stage after plea and in the course of hearing prosecution witnesses but before the conclusion of the prosecution case;

Alternatively:

What is the true construction of the words 'at any previous stage of the case' under s. 173(g) of the Criminal Procedure Code (FMS Cap. 6).

(b) If in the course of a summary trial under s. 173 of the Criminal Procedure Code (FMS Cap. 6) a Magistrate has discharged the accused under para. (g) of the same section without hearing all the evidence which the prosecution could have adduced and the prosecution has acquiesced in the procedure adopted, then is the order to discharge the accused properly and lawfully made and is the trial properly and lawfully conducted.

(c) Whether a discharge under the provisions of the said s. 173(g) of the Criminal Procedure Code (FMS Cap. 6) amounts to an acquittal, having