Suffian LP (delivering the JUDGMENT of the Court):

The issue here is whether an appeal lies from the decision of a High Court Judge dismissing the application of a person under s. 66 of the Courts of Judicature Act, 1964 , to reserve for the decision of the Federal Court a question of law of public interest which has arisen in the course of an appeal by that person.

The applicant, a Clerk in the Education Department in Seremban, was charged with CBT contrary to s. 409 of the Penal Code and the learned President acquitted him. On appeal by the Public Prosecutor, the learned High Court Judge found him guilty, and convicted and sentenced him to one year's imprisonment.

The applicant applied to the learned Judge for certain questions of law of public interest to be referred to this Court under s. 66 of the Courts of Judicature Act, 1964 , which application the learned Judge dismissed.

Whereupon the applicant applied to us for special leave to appeal from the decision of the learned Judge.

In answer to the objection we raised whether we had jurisdiction to entertain this application, Mr. Ramachandran argued that we had because, he said, of two grounds:

(1)under the new