| Fadley Faisal |
THE Court of Appeal dismissed an appeal made by four individuals who are principals of a business convicted of selling infringing copies of music CDs against the Chairman of the Municipal Board for acting upon these individuals for causing damages and losses.
Justice Barry Mortimer, sitting alongside Justices Leonard and Burrell, said that Pg Dato Paduka Hj Abd Rahman bin Pg Seri Indera Pg Haji Ismail, Chairman of the Municipal Board of Bandar Seri Begawan, was the statutory authority for the issue, overseeing the revocation of business operating licenses in the government gazetted area of BSB.
The Court of Appeal also stated in a judgement that the action against Yong Teck Sang, Hajah Norainah binte Hj Kahar, Tengku Putra Amir Farouk Al Haj and Pg Hjh Mariam binte Al-Marhum DPB Muda Hj Hashim by Pg Hj Abd Rahman was brought in respect of something that the respondent could do only in his official capacity.
“It may well be that some legislation contemplated by the proviso will at some time be enacted but for the time being the proceedings out of which this appeal arises are not permitted by the Constitution. This court has no jurisdiction to entertain them,” Justice Barry Mortimer concluded.
Lt Col (Rtd) Hj Harif Hj Ibrahim acted for the plaintiffs whilst the respondents were represented by Deputy Public Prosecutors Hjh Fauziah Hj Sulaiman and Suhana Hj Sudin.