(delivering the judgment of the court): On 9 February 1988, the applicant was granted leave by this court to refer two questions of law of public interest under section 66 of the Courts of Judicature Act 1964. They are:

(a) Where in the course of trial a charge is amended, is it mandatory to read and explain the amended charge to an accused person pursuant to the provision of section 158(ii) of the Criminal Procedure Code.

(b) If the answer to question (a) is in the affirmative, then is the omission to read and explain the amended charge to an accused person a mere irregularity which can be cured by recourse to section 422 of the Criminal Procedure Code.

We heard the application and the arguments by counsel on 7 March 1988 and will now give our decision.

The applicant was originally charged and tried in the Sessions Court, Kuala Lumpur, for cheating under section 420 of the Penal Code, viz. by dishonestly inducing one Wong Won Chong to deliver to the applicant cash of $40,000 (later amended to $37,000) for the purchase of a stolen Mercedes Benz 300D motor car BBD 7375. He was found guilty of the charge, convicted and sentenced by the President of the Sessions