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THE ATTORNEY GENERAL v. FRANCIS
NLR47V467
1946 Present:
Jayetileke J.
THE ATTORNEY-GENERAL, Appellant, and
FRANCIS, Respondent.
721-M. C. Colombo, 11, 250.
Defence
(Miscellaneous) Regulations, 1939-charge under Regulations 17 (1), 52-Effect
of expiry of a temporary enactment-Interpretation Ordinance (Cap .2), s. 6(3).
No proceedings can be taken upon a Defence (Miscellaneous)
Regulation which has expired, although the offence in question was committed
whilst the Regulation was in operation.
APPEAL
against an acquittal from the Magistrate?s Court, Colombo.
H. H. Basnayake, K. C. , Acting Attorney-General
(with him A. C. M. Ameer, C. C., and H. Deheragoda C. C ), for the
Attorney-General, appellant.
S. Nadesan (with him Colvin R. de Silva and K. C. de Silva),
for the accused, respondent.
Cur. adv. vult.
October 25, 1946. JAYETILEKE J.
This is an appeal by the Attorney-General against an order
made by the Magistrate discharging the accused. On December 6, 1945, the accused
was charged with having committed an offence under regulations 17(1) of the
Defence (miscellaneous) regulations punishable under regulation 52(3) of the
regulations. The trial of the accused was postponed on five occasions and was
eventually taken up on March 3,1946. On that date counsel for the accused
contented that the regulation under which the accused was charged has expired
and, therefore, no proceedings could be taken upon it. The prosecuting inspected
admitted that the regulation had expired and stated that, in the circumstances,
he could not proceed with the trial. There upon the Magistrate discharged the
accused. At the argument before me the learned Attorney-General contented that
though regulations 17(1) had expired(1) the
accused could be dealt with under
regulation 52 which was continued in force, (2) the accused could be proceeded
against as the offence was committed while the regulation was in operation.
In order to examine these contentions it is necessary to
state the relevant provisions of the law. The defence (miscellaneous)
regulations, 1939, were made by the Governor by virtue of the powers vested in
him by section 1 of the Emergency Powers (defence) Act, 1939. The provisions of
that act other than the sections mentioned in paragraph 3 were extended to
Ceylon by the emergency powers (colonial defence) order in council, 1939.
Section II of the act which is one of the sections the provisions of which were
not extended to Ceylon, reads-
11.(1) subject to the provisions of this section, this act
shall continue in force for the period of one year beginning with the date of
the passing of this act, and shall then expired:
Provided that if at any time while this act is in force, an
address is presented to his majesty by each house of Parliament praying that
this act should be continued in force for a further period of one year from the
time at which it would otherwise expired. His majesty may by order in council
direct the this act shall continue in force for that period.
(2) Notwithstanding anything in the proceeding sub-section,
if his majesty by order in council declares that the emergency that was the
occasion of the passing of this act has come to an end, this act shall expire at
the end of the day on which the order is expressed to come into operation.
(3) The expiry of this act shall not affect the operation
thereof as respects things previously done or omitted to be done.
The Emergency powers (defence) act of 1940 extended the
operation of the act of 1939 for a period of one year and the emergency
(colonial defence) (Amendment) order in council, 1940, extended the act of 1940
to Ceylon. There after by various acts and orders in council the act of 1939 was
continued in the force in England and in Ceylon up to February 24,1946. The
emergency laws (transitional provisions) act, 1946, made provision for the
continuation of certain defence regulations until December 31, 1947, not
wi
