Criminal law-Police-Enquiry into suspected offence-Right to enter and to remain on private shop premises-Assault and obstruction-Whether in execution of duty-Penal Code, section 248 (b)-Whether authority to remain-Shop Hours Ordinance, section 15 (2).
Case summary
Two police officers, one a sergeant, believed that an offence against the Shop Hours Ordinance (Cap. 114) had been committed in a shop in the Machakos District. They entered the shop and began to make enquiries.
The owner of the shop objected to the presence of the police officers, but the sergeant refused to leave until his enquiries were completed, whereupon the shopkeeper pushed him out of the shop.
The shopkeeper was charged with the offence of obstructing a police officer in the execution of his duty contra section 248(b) of the Penal Code and convicted. He appealed.
Held (18th August 1956):
Even if the police officers were not wrong in entering the shop to make enquiries, they became trespassers after the appellant had requested them to leave the premises, because they lacked the requisite authority from an officer in charge of a police station required by section 15(2) of the Shop Hours Ordinance (Cap. 114). The sergeant, when assaulted, was therefore not acting in the execution of his duty, with the result that the appellant could not be convicted of obstructing him in the execution of his duty.
Case referred to: Davis v. Lisle (1936) 2 K.B. 434.
