JUDGMENT

Hashim Yeop A Sani J (delivering the judgment of the Court):

This case has a long history. On 31 December 1975 the appellant, Rasiah Munusamy, was convicted by the learned Magistrate, Malacca, for an offence under s. 197 punishable under s. 193 of the Penal Code. The charge read as follows:-

That you on 1 March 1975 at about 4.30pm at the Melaka Airport Immigration Check-point, in the District of Melaka Tengah, in the State of Melaka, issued a Certificate, to wit, a Special Pass No. 136844, which is required by law to be given and knowing that such certificate is false in a material point, to wit, that Mdm. Mariaie is a holder of Malaysian Passport, and that you have thereby committed an offence under s. 197 and punishable under s. 193 of the Penal Code.

On 16 November 1976 the appeal came before the High Court, Malacca and on 27 December 1977 the appeal was allowed and the conviction and sentences set aside. In the written judgment of the learned Judge he clearly stated (in para 5 of the judgment) that he had gone through all the grounds and found that there were no merits in them except that the Special Pass (P6) was in his opinion, not a certificate "required by law t