HM ATTORNEY GENERAL v HOWARD [Royal Ct]

JurisdictionJersey
CourtRoyal Court
Judge(Ereaut, Deputy Bailiff and Jurats le Brocq and Le Quesne):
Judgment Date04 October 1974
Date04 October 1974
ROYAL COURT
(Ereaut, Deputy Bailiff and Jurats le Brocq and Le Quesne):

H.M. Attorney General for the prosecution;

H.J. Cridland for the defendant.

Statutes—interpretation—criminal and penal statutes—omissions—not usually to be supplied by court but by legislature—court to follow intention of legislature revealed by language of statute or by necessary implication—strict construction required—penalty not incurred unless language so clear that penalty necessarily imposed

Tourism—registration of visitors—statement of nationality—keeper of residential premises under duty to require signature of statement of nationality of guest under Loi (1937) sur les Etrangers, art. 14(2)(b)—signature not required on arrival at premises but at some time during stay

EREAUT, DEPUTY BAILIFF: On 4th September, 1974, Mr. M.E. Howard, the defendant, was actioned by H.M. Attorney General before the Royal Court to answer the following charge:

"With having, during the interval of time between the 23rd and 29th July, 1974, or at about that time, contravened Article 14(2)(b) of the 'Loi (1937) sur les Etrangers', in that, being the Keeper, within the meaning of Article 20 of the said Law, of premises to which the said Article 14 applies, namely 'Sandringham House', Gloucester Street, in the Parish of St. Helier, he failed to require twenty-one persons who were staying at the said premises to sign the statement required from them under the said Article of the said Law."

The defendant denied that charge.

Article 14 (to which we hereinafter refer as "the Article") of the "Loi (1937) sur les Etrangers" (to which we hereinafter refer as "the Law") is in the following terms:

"(1) It shall be the duty of the keeper of any premises to which this Article applies to keep a register of all persons staying at the premises who are aliens not being under the age of sixteen years.

The keeper of any such premises shall, on the arrival of any such alien, ascertain and enter or cause to be entered in the register kept for the purpose the name and nationality of such alien, together with the date of his arrival and the address from which he last came; and on the departure of any such alien the keeper of the premises shall enter or cause to be entered in the register the date of departure and destination on departure of the alien.

(2) It shall be the duty:—

(a) of every person (whether an alien or not) staying at any premises to which this Article applies to sign, when so required, a statement as to his nationality and, if an alien, to furnish and sign a statement of the particulars required under this Article;

(b) of the keeper of any premises to which this Article applies to require any person who stays at the premises to sign the statement and furnish the particulars required from him under this Article and to preserve such statements (including any statements supplied under this Article to any previous keeper of the premises) for a period of two years from the date when the statements were signed.

(3) Every register kept, and all particulars furnished, under this Article, shall at all reasonable hours be open for inspection by any Police Officer or by any Aliens Officer.

(4) A register shall be in the form set out in the Seventh Schedule to this Law, and shall be furnished to any person required by the provisions of this Law to keep a register at such price as shall be determined from time to time by the Committee.

(5) This Article applies to any premises, whether furnished or unfurnished, where lodging or sleeping accommodation is provided for reward."

The relevant facts, which were not in dispute, are as follows. The defendant is the manager of "Sandringham House", which is registered under the Tourism (Jersey) Law, 1948. The premises are therefore premises to which the Article applies, and the defendant, as manager, is obliged to comply with the Article. Between 23rd and 29th July, 1974, twenty-one British subjects came to stay at the premises. As at 30th July, 1974, none of those persons had been required by the defendant to sign the statement as to their nationality referred to in paragraph (2) of the Article.

The Attorney General contended that the defendant was obliged by paragraph (2)(b) of the Article to require each of those twenty-one persons to sign such a statement on his or her arrival at the premises. Because the defendant had admitted having failed so to require each of them, he had committed a contravention of the Article.

The defendant, as we have said...

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2 cases
  • Ostroumoff (Née Martland)
    • Jersey
    • Royal Court
    • 14 September 1999
    ...A.J.N. Dessain for the Viscount. Cases cited: (1) Att. Gen. v. Corbiere Pavilion Hotel Ltd., 1982 J.J. 173. (2) Att. Gen. v. Howard, 1974 J.J. 105, followed. (3) Bradshaw v. McCluskey, 1976 J.J. 335. (4) Bristol & West Bldg. Socy. v. May May & Merrimans (No. 2), [1997] 3 All E.R. 206, consi......
  • Ruban v Attorney General (No. 2)
    • Jersey
    • Royal Court
    • 10 August 1987
    ...RTR 385; (1984), 80 Cr. App. R. 305; 82 L.S. Gaz. 444; 129 Sol. Jo. 69, followed. Additional case cited by counsel: Att. Gen. v. Howard, 1974 J.J. 105. Legislation construed: Road Traffic (Jersey) Law, 1956, art. 26(1): "Any person driving a vehicle on a road shall stop the vehicle on being......

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