JUDGMENT

Raja Azlan Shah LP:

The question for reference under s. 66 (1) of the Courts of Judicature Act 1964 is:

Whether a petition of appeal signed by only the solicitor for the appellant acting on the authority of the appellant meet the requirements of s. 307 (iv) of the Criminal Procedure Code.

While the reference is of course of great importance to the appellant, and no doubt to others similarly placed, the question whether the appellant was in breach of s. 307 (iv) of the Criminal Procedure Codeby not signing himself the petition of appeal raises a question of law of public importance, and it was for that reason that leave was given to refer the question to us under s. 66(1) of the Courts of Judicature Act 1964 so that that question might be fully argued and determined, especially in the light of a number of recent decisions of the High Court on this issue the correctness of which have been challenged.

The facts can be shortly stated. The appellant was charged and convicted of an offence under s. 465 of the Penal Code and was bound over for 1½ years under s. 294 of the Criminal Procedure Code (The Code). He appealed against conviction. Both he and his solicitor signed the noti