Lim Chin Aik v R

Facts

Lim remained in Singapore contrary to a ministerial order under the Immigration Ordinance 1952 prohibiting his entry. There was no evidence that the order had been brought to his notice.

Issue

Is a person guilty of breaching an order he could not have known about?

Held

The Privy Council advised that the conviction be quashed. Subordinate legislation binds only when it has been promulgated.

Principle

A prohibition that has not been published is not a basis for a conviction.

Why it matters

It is the limit on status and strict-liability offences that depend on an unpublished order.

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