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 notice must reach the proper authority within three hours. Posting the notice within three hours is not a sufficient compliance with the regulation. Moreover, this notice has not been posted at all, as the Galle Face Hotel letter box is only a private letter box.

Hayley, for the respondent.-The charge is bad. Where it is a question of hours, it is not sufficient to state " on or about," and objection was taken to it at the trial. The appellant cannot now raise the question whether the posting of the letter was sufficient, for it was never argued in the Court below. The prosecution there attempted to show that on March 12 the accused became aware that the patient was suffering from an infectious disease, and that we did not report it till the 15th. The whole case was fought on those lines. We satisfied the Magistrate that the disease was not diagnosed until the 15th. Now there is a complete change of front, and the charge is that on the 15th we posted the notice in the Galle Face Hotel box, which is a private box, and in the alternative that we were wrong in posting it at all. We are seriously prejudiced as we might have shown that the hotel box is not a private box. In

fact, there is evidence from which this can be gathered. It is proved that letters are taken in a locked bag into the post office sorting room, and are not merely re-posted in the post office. Lastly, it was sufficient to post the notice. Section 5 (s) of Ordinance No. 3 of 1897 provides that the Governor may make regulations " for prescribing and regulating the form and mode of service on delivery of notices and other documents.'' This has not been done, and, therefore, when regulation 23 says that a medical practitioner must " give information in writing," those words must be interpreted in the light of the construction put upon them by Government itself, which has, through its agent, the Municipality, supplied forms intended to be posted, marked " On H. M. S.," and carried free by the post office. It would be a physical impossibility for busy practitioners to take the notices in person. How is the regulation to be followed if the disease is diagnosed at night, when the offices of the " proper authorities " are shut ? In any event the respondent is not liable. Section 6 of the Ordinance says that a person is guilty of an offence if he contravenes any regulation " without lawful authority or excuse." Here there was " lawful excuse," because the Government supplies forms intended for posting, and it is admitted by the witnesses for the prosecution that 99 per cent, of such notices are sent by post, and no objection has ever been taken to that method of giving notice.

September 25, 1911. Grenier J.-

This is an appeal by the Attorney-General from an acquitt