JUDGMENT
These cases come before the Court by way of case stated under the provisions of order XIII, rule 6, of Civil Procedure Rules, 1927. The facts are set out in paragraphs 1 to 6 of the case stated and determination is sought on four issues of law as set out.
The first issue reads as follows: “Are any, and if so what, of the powers and provisions of the Public Health Ordinance abrogated, repealed or superseded by the Malaria Prevention Ordinance?” In my opinion this issue is of such a general and “fishing” nature that no useful purpose can be served by attempting to answerer it. As Viscount Simon said in the case of Sun Life Assurance Company of Canada v. Jervis, a House of Lords Case reported at p 91 of the Weekly Notes of 25.3.44, “If the House heard the appeal it would not be deciding an existing lis between the parties, but would merely be expressing its view on a legal conundrum without in any way affecting their position.”
The second issue reads: “Is section 8 of the Malaria P…