Thomson CJ:

[1] This appeal came before us for rehearing under the provisions of s 34 of the Courts Ordinance. We dismissed it but intimated that we would state our reasons for doing so at a later stage.

[2] Before discussing the facts of the case it will be desirable to set out the course which the proceedings have taken.

[3] On the 5 October 1956, the appellant was convicted in the Sessions Court at Kuala Selangor of two offences in contravention of s 3(c) Of the Prevention of Corruption Ordinance, 1950 and in respect of each was sentenced to three months imprisonment, the sentences to run concurrently.

[4] On the same day he gave notice of appeal against these convictions and sentences. On 3 November 1956, which was within the statutory period of ten days after being served with the grounds of decision in the case, he filed a Petition of Appeal which set out a number of grounds of appeal to which I shall refer as the old grounds of appeal.

[5] There then occurred a very considerable delay, for which neither the appellant nor his legal advisers were in the slightest measure responsible, in arranging a date for the hearing of the appeal and in the event this was only fixed for