Lord Diplock (delivering the judgment of the Board):

On 13 January 1976, in Georgetown, Penang, the appellant Teh Cheng Poh was found in possession of a revolver and ammunition. This happened in the course of a search by a police patrol which had been instituted as a result of an emergency phone call complaining of an armed robbery. The appellant was subsequently charged with two offences under s. 57(1) of the Internal Security Act. 1960. One was of having in his possession in a security area without lawful excuse a firearm without lawful authority therefor; the other charged a similar offence in respect of the ammunition. The mandatory penalty for these offences is death.

Penang, in common with all other areas in Malaysia, had been declared to be a security area for the purposes of Pt II of the Internal Security Act, by a Proclamation of HM the Yang di-Pertuan Agong made on 15 May 1969 ("the

Security Area Proclamation"). If this Proclamation were still effective on 13 January 1976 the offences with which the appellant was charged would constitute "security offences" within the meaning of the Essential (Security Cases) (Amendment) Regulations, 1975 ("the Security Cases R