JUDGMENT

Mr LMD De Silva:

The facts and arguments appear sufficiently from the judgment of their Lordships delivered by:

This is an appeal by special leave from a judgment of the Supreme Court of the Federation of Malaya (Mathew CJ, Wilson and Abbott JJ) dismissing an appeal against a conviction in the High Court of Johore Bahru (Storr J, sitting with two assessors) whereby the appellant was found guilty of being in possession on 29 April 1955, of 20 rounds of ammunition contrary to reg. 4(1) (b) of the Emergency Regulations, 1951, and sentenced to death.

When the appeal to the Supreme Court came up for hearing Counsel assigned to argue the case for the appellant said that there was nothing that he could urge and, probably as a consequence, the judgment of the Supreme Court does not give reasons for the dismissal of the appeal. The statement of Counsel in the Supreme Court, though relevant to the question whether valid grounds for this appeal exist, is not conclusive of that question.

Regulation 4 provides:

(1) Any person who without lawful excuse, the onus of proving which shall be on such person, carries or has in his possession or under his control - (a) any fire-arm, without lawful authority therefor; or (b) any ammunition or explosive without lawful authority therefor, shall be guilty of an offence and shall on conviction be punished with death.

(2) A person shall be deemed to have lawful authority for the purposes of this Regulation only if he - (a) is a Police officer or a member of Her Majesty's Naval, Military or Air Forces or of any Local Force established under any

written law or any person employed in the Prisons Department of the Federation and in every such case is carrying or is in possession of or has under his control such firearm, ammunition or explosive in or in connection with the performance of his duty; or (b) is a person duly licensed, or authorised without a licence, under the provisions of any written law for the time being in force to carry, possess or have under his control such firearm, ammunition or explosive; or (c) is a person exempted from the provisions of this Regulation by an Officer-in-Charge of a Police district or is a member of any class of persons so exempted by the Commissioner of Police by notification in the Gazette: Provided that no person shall be deemed to have lawful authority for the purpose of this Regulation or to be exempt from this Regulation if he carries or has in his possession or under his control any such firearm, ammunition or explosive for the purpose of using the same in a manner prejudicial to public safety or the maintenance of public order.

(2A) A person shall be deemed to have lawful excuse for the purpose of this Regulation only if he proves - (a) that he acquired such firearm ammunition or explosive in a lawful manner and for a lawful purpose; and (b) that he has not at any time while carrying or having in his possession or under his control such firearm, ammunition or explosive, acted in a manner prejudicial to public safety or the maintenance of public order.

(3) A person charged with an offence against this Regulation shall not be granted bail.

The words "who without lawful excuse, the onus of proving which shall be on such person" in sub-section 1 did not appear in the original regulation and were added by an amendment made in 1952. Sub-reg 2A was added by an amendment, made on 30 December 1954.

It was common ground that on 29 April 1955, at a place in the Rengam District in the State of Johore, the appellant was found in a wounded condition by certain members of the security forces; that when he was searched there was found around his waist a leather belt with three pouches containing 20 live rounds of ammunition; no weapon of any description was found upon him or in the immediate vicinity.

The defence put forward on behalf of the appellant was that he had been captured by terrorists, that at material times he was acting under duress, and that at