Jumanne s/o Masudi v. R., Crim App. 283-M-67, 2/8/67, Cross J.

Jumanne s/o Masudi v. R., Crim App. 283-M-67, 2/8/67, Cross J.

Accused was driving his motor vehicle at a very high rate of speed when there were a number of persons on the road. A policeman signaled him to stop, but accused ignored this signal. He was convicted, inter alia, of failure to obey a policeman in uniform, under Traffic Ordinance, ss 58(a), 70.

            Held: Section 58 (a) provides that, “Where a police officer is … engaged in the regulation of traffic… any person driving …. Who neglects or refuses to stop the vehicle …. When directed to do so by a police officer ….. shall be guilty of an offence.” There is a requirement that the police officer be “engaged in the regulation of traffic” as one part of the offence. Since the constable here was not so engaged when he signaled accused to halt, the conviction was quashed.