JUDGMENT

David Wong Dak Wah J:

[1] The respondent was charged with the following charge:

That on the 11th day of July, 2000 at about 11.15 am, at the vicinity of Pejabat Daerah Kota Samarahan in the Samarahan District, in the state of Sarawak, one Hendrick Tan Boon Kai (m) was ordered to be apprehended of an offence punishable under section 302 of the Penal Code by C/Insp. Anot bt. Kian, public servant in exercise of her lawful powers as such public servant, and that you knowing of the said order for apprehension, at the same date, time and place mentioned above, harboured the said Henderick Tan boon Kai, with the intention of preventing him from being apprehended, and that you have thereby committed an offence punishable under section 216 of the Penal Code.

[2] The learned Magistrate at the end of the prosecution case discharged and acquitted the appellant, resulting in this appeal.

[3] The learned Senior Federal Counsel listed six grounds of appeal and after hearing and reading the submissions of counsels, I am of the view that this appeal raises one issue and that is whether or not the respondent had the intention to prevent the arrest of one Hendrick Tan Boon Kai as required un