P Coomaraswamy J:

The applicant, Lin Tah Hwa, is on charges of cheating before a District Court. The charges are under s. 417 read with s. 34 of the Penal Code.

Mr. Rubin, Counsel for Lin, makes application under s. 184(1), of the Criminal Procedure Code (CPC), 1980 Reprint, for the case to be transferred and tried in the High Court. He relies upon two paragraphs of that subsection. That subsection, so far as it is material for present purposes, reads:

184 (1) Whenever it is made to appear to the High Court that-

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(b) Some question of law of unusual difficulty is likely to arise; or

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(e) Such an order is expedient for the ends of justice....,

it may order that-

...

(ii) any particular criminal case shall be transferred to and tried before the High Court.

In an application of this nature with the substantive proceedings yet to come, it will be wrong for me to state facts beyond those absolutely necessary for the purposes of my decision. I therefore confine myself to such facts. The applicant is the founder director of Lin Securities (Private), a company incorporated under the Companies Act and now subject to winding-up proceedings in Companies Winding-up No. 183 of 1986.

Orders