R. v. Katabazi s/o Kahurananga, Crim. Rev. 49-M-68, 1/8/68, Seaton J.

R. v. Katabazi s/o Kahurananga, Crim. Rev. 49-M-68, 1/8/68, Seaton J.

The first accused possessed a General Game Licence which he loaned to the second accused. The second accused then used the Licence in order to obtain two elephants. The second accused pleaded guilty to making a false declaration and hunting elephants without a General Game Licence. [Fauna Conservation Ordinance, Cap. 302, ss. 13 (1) 53(1), 12(1)]. The first accused was convicted of transferring a game licence. [Fauna Conservation Ordinance, Cap. 302, ss.  13(4), 53(1)(b) 53 (2)].

            Held: (1) “Section 12 of Cap. 302 does not create the offence of making a false declaration for a licence but it may be that section 12 read with s. 13 could be construed together as creating the offence of hunting an elephant without first obtaining  a general game licence. Hence I am not prepared to challenge [the second accused ’s] conviction …. “ (2) Section 13(4) makes the transfer of a licence void but nothing in section 13 or section 53 makes such transfer a crime. Conviction of first accused quashed.