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PERRY v. GARDEN


Perry V. Garden

Sept.25,1911    Present: Grenier J.

PERRY v. GARDEN.

562-P. C. Colombo, 29,483.

Quarantine and Prevention of Diseases Ordinance, 1897-Regulation 23-Medical practitioner attending on patient-Posting of information to proper authority within three hours-Mens rea.

Regulation 23 framed under " The Quarantine and Prevention of Diseases Ordinance, 1897," runs as follows: -

" Any medical practitioner or person professing to treat disease attending any diseased person shall within three hours of such attendance give information in writing to the proper authority, stating the name of the diseased person, his residence, and the nature of his disease."

Held, that the mere putting the letter in the post was not a sufficient compliance with the law.

The clear meaning of the regulation is that the information should be in the hands of the proper authority within three hours. The question of mens rea does not arise in respect of a statutory regulation like the present.

APPEAL from an acquittal by the Attorney-General. The facts are set out in the judgment.

Walter Pereira, K.C., S.-G., for the appellant.-The terms of the regulation are quite explicit. The noti

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