Sarder Mohamed v. R., Crim. App. 44-A-68, 19/6/68, Platt, J.

Sarder Mohamed v. R., Crim. App. 44-A-68, 19/6/68, Platt, J.

Accused was convicted of unlawful possession of government trophies, contrary to sections 49 and 53 of the Fauna Conservation Ordinance, Cap. 302. It was not disputed that accused was found in possession of four ostrich egg shells and that he had no certificate of ownership. The issue for determination was whether these egg shells were government trophies.

            Held: (1) The ostrich egg shells were trophies within the definitions of “trophy” and “animal” in section 2 of Cap.302, read together. (2) Section 47(1) and 47(2) explain Government Trophies”. Particularly, Section 47(1)(b) requires that the animal should be a “game animal” and, under section 2 of the Ordinance, “game” and “game animal” mean “any animal specified in the First, Second and Third Schedule of the Ordinance including the eggs and young thereof”. From Third Schedule, an ostrich is a game animal; and therefore, from the definition, eggs of an ostrich are “game animals”. (3) Under section 49(2), the onus of proving lawful possession lies upon accused. Appeal dismissed.