Ellin Anak Masing v R [Sarawak, Supreme Court.]

• Jurisdiction: Malaysia
• Judgment Date: 22 March 1948
• Docket Number: Case No. 193
• Date: 22 March 1948
• Court: Obsolete Court (Malaysia)

Sarawak, Supreme Court.

(Hedges, C.J.)

Case No. 193

Ellin Anak Masing

and

The King.

Belligerent Occupation — Judicial Functions of Occupant — Determination of Criminal Appeals — Judicial Function not Exercised by Courts — Irregularity — Validity after Resumption of Control by Legitimate Sovereign — Law of Sarawak.

Belligerent Occupation — Judgments of Appellate Court Established by Occupant — Hague Regulations, Articles 23 and 43 — Irregularity of Judgment According to Local Law — Validity after Resumption of Control by Local Sovereign — Conviction by Local Court — Appeal against Conviction to Court of Occupant — Law of Sarawak.

The Facts.—The appellant was convicted on December 4, 1941, in the Resident's Court, Third Division, at Sarikei, of the offence of murder in contravention of section 302 of the Penal Code, and was sentenced to death, subject to the confirmation of the Supreme Court. An appeal was lodged on December 14, 1941, but before that appeal could be heard the Japanese forces had occupied Kuching, the capital of Sarawak.

Shortly after the...