Gamble v Lau Sang [1943] HCA 16

67 C.L.R.] OF AUSTRALIA.

(HIGH COURT OF AUSTRALIA.]

GAMBLE é g ' : : ' : . APPELLANT ; INFORMANT, AND LAU SANG . : ' s z : é . RESPONDENT. DEFENDANT, GAMBLE 5 é ' : i : : . APPELLANT ; INFORMANT, AND LUK LING . : : ' y 3 ' . RESPONDENT. DEFENDANT,

ON APPEAL FROM A COURT OF PETTY SESSIONS OF NEW SOUTH WALES.

Immigration—Prohibited Immigrant—Entry into Commonwealth—Member of crew of vessel—Departure of vessel without member—Member employed within Com- monwealth—Failure to pass dictation test within five years after entering Com- monwealth—Offence—Immigration Act 1901-1940 (No. 17 of 1901—No, 36 of 1940), ss. 3 (k), 5 (2), (6).

The provisions of s. 3 of the Immigration Act 1901-1940 do not modify or affect, in any respect, the provisions of s. 5 of that Act. In order to determine whether a person is guilty of an offence under the provisions of s. 5 (6) it is necessary only to consider whether he is a person who by virtue of s. 5 is deemed to be a prohibited immigrant offending against the Act.

H. C. or A.

1943. ee)

Sypvey, July 30.

Latham Rich Starke JJ.

HIGH COURT [1943.

H.C. or A. Qagm sTaTED. 1943.

Ww

GAMBLE

0.

Lav Sane.

GAMBLE

»,

Lux Lixe.

By an information laid by Leo Thomas Gamble, detective inspec- tor, Department of Trade and Customs, it was alleged that on 9th September 1942, at Sydney, the defendant Lau Sang was an immigrant within the meaning of the Immigration Act 1901-1940, who, having, on that date, being a date within five years after he had entered the Commonwealth, been required to pass a dictation test within the meaning of that Act, and having failed to do so, was deemed to be a prohibited immigrant offending against the Act, and so was guilty of an offence. It was averred that the defendant was an immigrant who had entered the Commonwealth within five years before failing to pass the said dictation test.